Agenda - Planning Commission - 03/23/2023

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1 The zoning administrator shall: 2 (A) Administer and enforce the provisions of this chapter in accordance with its literal terms and shall 3 not have the power to permit any construction or any use or change of use which does not conform 4 to this chapter; 5 (B) Maintain the official zoning map; 6 (C) Maintain a permanent file of all zoning applications as public records. 7 8 120 Official Zoning Map 9 The boundaries of the zoning districts and development areas and overlay districts are delineated 10 on the official zoning map, which is adopted by reference and declared to be a part of this chapter. 11 Such map shall be on permanent file and available for public inspection in City Hall. It shall be the 12 responsibility of the zoning administrator to maintain and keep the map up to date and to revise or 13 update the map with each amendment thereto within 30 days after official publication of the 14 ordinance adopting the amendment. 15 (B) District and development area boundaries shown within the lines of roads, streams, and 16 transportation rights -of -way shall be deemed to follow the centerlines. The vacation of roads shall 17 not affect the location of such district or development area boundaries. When the zoning 18 administrator cannot definitely determine the location of a district or development area boundary 19 by such centerlines, by the scale or dimensions stated on the zoning map, or by the fact that it 20 clearly coincides with a property line, the zoning administrator shall interpret the location of the 21 district or development area boundary with reference to the scale of the zoning map and the 22 purposes set forth in all relevant provisions of this Code. When a district or development area 23 boundary line divides a lot of record into two or more districts or into both development areas, any 24 portion of the lot within 50 feet of such division may be used for any use of either district or 25 development area as approved by the Planning Commission. The Metropolitan Urban Service Area 26 (MUSA) boundary line as shown in the Comprehensive Plan, however, defines the limits of sewered 27 areas. Any area outside of the MUSA boundary shall not be served with sewer. 28 29 130 Enforcement 30 (A) Any violation of this chapter may be enjoined by the council through proper legal channels. Each 31 day a violation is permitted to exist shall constitute a separate offense. 32 (B) In case any building, structure, or land is proposed to be erected, reconstructed, altered, converted, 33 maintained or used in violation of this chapter, the council, in addition to other remedies, may 34 institute in the name of the city any appropriate action or proceeding to prevent, restrain, correct 35 or abate such building, structure, or land, or to prevent, in or about such premises, any act, conduct, 36 business, or use constituting a violation, as prescribed in Chapter 2. 37 (C) Violation of any provision of this chapter is considered a misdemeanor. 38 (D) Appeals are provided in the same manner as prescribed in Chapter 2. 39 40 140 Non -Conformities 41 (A) Intent. It is the purpose of this section to provide for the regulation of nonconforming buildings, 42 structures, site improvements, and uses and to specify those requirements, circumstances, and 43 conditions under which nonconforming buildings, structures, and uses will be operated and 44 maintained. This chapter establishes separate districts, each of which is an appropriate area for the 45 location of uses that are allowed in that district. It is necessary and consistent with the 46 establishment of these districts that nonconforming buildings, structures, site improvements, and 47 uses not be allowed to continue without restriction. Furthermore, it is the intent of this section that 48 all nonconforming uses shall be eventually brought into conformity or terminated. 15