§ 152.008 PLATTING REQUIREMENTS.

   No building permit will be issued for any land parcel subdivided after the effective date of this chapter that has not been officially platted in accordance with state law and recorded in the County Recorder's office, with the following exceptions:

   (A)   Parcels that are 5 acres or larger with no public road or right-of-way involved; and

   (B)   Simple splitting of a previously platted parcel where all of the residential parcels meet minimum lot size requirements for the zoning district in which they are located.

(Ord. 239, § 204, passed 1-22-2000)

§ 152.009 CONVEYANCE AND TRANSFER.

   (A)   No lot or parcel of land shall be transferred or conveyed and no building permit shall be issued for the construction of a new structure or the alteration or addition to an existing structure, unless the owner thereof shall first cause a physical survey of the lot or parcel of land to be made by registered land surveyor, which survey shall establish the boundary lines of the lot or parcel of land by the placing of permanent monuments at the corners of the lot or parcel of land, in accordance with recognized land surveying principles.

   (B)   (1)   Any transfer or conveyance transaction shall be exempt from the survey requirement of this section where the consideration therefore is $500 or less.

      (2)   Upon application by the property owner, the Planning and Zoning Commission may, after investigation of the facts, exempt the following transactions from the survey requirements this section.

         (a)   Any transfer or conveyance of any lot or parcel or any construction on any lot or parcel where the owner is able to locate existing corner monuments as follows:

            1.   All but 1 of the corner markers can be located, and the parcel has more than 3 corners; and/or

            2.   Where the parcel on 2 sides thereof abuts on streets, both of which have been improved with curb and gutter, and all corner markers not located on a street right-of-way line can be located.

         (b)   Any transfer or conveyance of any parcel which has not been platted into lots; any parcel which is bounded by streets or alleys on all sides thereof; and of any parcel which is located in a commercial district where the lots and adjoining lots are improved with buildings that are built completely to the apparent property line.

         (c)   Any construction on a lot or parcel where the property line can be established to a reasonable degree of certainty, and the proposed construction exceeds the applicable setback requirements by at least 5 feet.

         (d)   Any construction on a lot or parcel where the property line can be established to a reasonable degree of certainty, the proposed construction exceeds the applicable setback requirements by at least 2 feet, and the adjoining landowner has signed a written approval and waiver in a form established by the Planning and Zoning Commission. In the case of a boundary line, which abuts on a street or alley, the adjoining property owner shall be considered to be the Superintendent of Streets.

         (e)   Any construction on a lot or parcel where the Planning and Zoning Commission determines that the survey requirement imposes an undue hardship. In making the determination, the Planning and Zoning Commission shall consider the following factors:

            1.   The nature of the proposed construction in terms of size, cost, and permanency; and/or

            2.   The degree of uncertainty which exists with respect to the location of the relevant boundary lines.

(Ord. 239, § 205, passed 1-22-2000)

ESTABLISHMENT OF ZONES

§ 152.020 CLASSIFICATION OF ZONES.

   (A)   (1)   The land areas of the city have been divided into zoning districts that vary in their regulation of land uses.

      (2)   Land uses activities must conform to the specific zone regulations of the zoning district as well as the pertinent overall regulations found in other portions of this chapter.

   (B)   For the purpose of this chapter, the following zones are hereby established:

      (1)   R-1 General Residential District Zone;

      (2)   R-2 Multi-Family Residential District Zone;

      (3)   C-1 Central Business District Zone;

      (4)   C-2 General Business District Zone;

      (5)   I-1 General Industrial District Zone; and

      (6)   A Agricultural District Zone.

(Ord. 239, § 300, passed 1-22-2000)

§ 152.021 LOCATION OF ZONES.

   (A)   The boundaries for the zones listed in this chapter are indicated on the zoning map which is hereby adopted by reference.

   (B)   The boundaries shall be modified in accordance with zoning map amendments which shall be adopted by reference.

(Ord. 239, § 301, passed 1-22-2000)

§ 152.022 ZONING MAP.

   The zoning map or zoning map amendment shall be dated with the effective date of the ordinance that adopts the map or map amendment. A certified print of the adopted map or map amendment shall be maintained in the office of the Zoning Administrator.

(Ord. 239, § 302, passed 1-22-2000)

§ 152.023 ZONE BOUNDARIES.

   Unless otherwise specified, zone boundaries are section lines; subdivision lines; lot lines; center line of streets or railroad rights-of way; or the lines extended.

(Ord. 239, § 303, passed 1-22-2000)

§ 152.024 ANNEXED TERRITORY.

   All territory which may hereafter be annexed to the city shall be zoned in accordance with the land use plan. Consideration of zoning other than in accordance with the land use plan should not be done without amending the land use plan.

(Ord. 239, § 304, passed 1-22-2000)