Chapter 17.02

GENERAL PROVISIONS

Sections

17.02.010 Effect on existing provisions. 17.02.020 Effect on conflicting provisions. 17.02.030 Zone boundaries. 17.02.040 Establishment of zones.

17.02.050 Annexed territory. 17.02.060 Effects on provisions.

17.02.070 Illegal land uses prohibited.

The provisions of this title are not intended to interfere with, abrogate or annul any easements, covenants or other agreements existing as of April 21, 1966, the original effective date of the ordinance codified in this title. The City Council may impose by agreement such conditions upon the reclassification of property under this title as it finds necessary to prevent effects from such reclassification which are potentially deleterious to the public health, safety or general welfare of the citizens of the city.

(`78 Code, § 17.02.010.) (Ord. 1499 § 1, 1978.)

Whenever the provisions of this title impose a greater restriction or regulation upon buildings or structures and the use of them or the use of lands or premises and require larger open space or yards or setbacks than are imposed or required by other ordinances, rules or regulations, the provisions of this title shall govern. (`78 Code, § 17.02.020.)

(A) Where indicated zone boundaries are approximately street, alley or lot lines, the lines are determined to be the boundaries of the zone. Otherwise, the boundaries shall be determined by the dimensions shown on the Official Zoning Map; in the absence of the dimension, the boundary shall be determined by use of the scale shown on the map. (B) A street, alley, railroad or railway right-of-way, watercourse, drainage channel or body of water included on the zoning map shall, unless otherwise indicated, have no zoning and shall not be used or improved for other than the

purpose for which they exist.

(C) In the event that a vacated street, alley, right-of-way or easement was the boundary between two zones, the new zone boundaries shall be at the new property line, and the vacated portion of the street, alley, right-of-way or easement shall take the zone of the property abutting same and the new zoning boundary shall be at the new property line. If after the adoption of the rules designated in this section uncertainty exists as to any zone boundary, the Commission shall, upon letter of request, interpret the map and determine the boundary, and the determination shall be final and made a permanent public record.

(D) If, after the adoption of the rules designated in this section, uncertainty exists as to any zone boundary, the Commission shall, upon letter of request, interpret the map and determine the boundary, and the determination shall be final and made a permanent public record.

(`78 Code, § 17.02.030.)

(A) Division of city into zones . In order to classify, regulate, restrict and separate the use of land, buildings and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the city is divided into zones set forth in this title.

(B) Adoption of districts . The several zones and boundaries of the zones and each of them are established and adopted and are shown, delineated and designated on the Official Zoning Map of the city, which map, together with all notations, references, data, district boundaries and other information thereof, is attached hereto and made a part of the ordinance codified in this title and is hereby adopted.

(`78 Code, § 17.02.040.)

Territory annexed to the city subsequent to the effective date of the ordinance codified in this title shall, upon the date that the annexation becomes effective, become a part of the agricultural zone. In the case of uninhabited territory being annexed to the city, the Planning Commission may recommend and the City Council may adopt zoning regulations for the territory, in which case the regulations shall become effective when the annexation becomes effective.

(`78 Code, § 17.02.050.)

(A) Application . The provisions of this title governing the use of land, buildings and structures, the size of yards, abutting buildings and structures, the height and bulk of buildings, the density of population, standards of performance and other provisions are in effect upon all land included within the boundaries of each and every zone established by the title.

(B) Buildings under construction . Any building for which a permit has been issued under the provisions of earlier ordinances of thee city which are in conflict with the title and on which substantial construction has been performed by integration of materials on the site before the effective date of the ordinance codified in this title may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued. (`78 Code, § 17.02.060.)

Notwithstanding any other provision of this code, no land use shall be permitted or allowed in any zone if the use cannot be, or is not, conducted or carried out without being in violation of state or federal law. (Ord. 2885 § 2 (part), 2007.)