Chapter 25 ZONING ORDINANCE.
Article 30. Administration and Enforcement.
Sec. 25-30-20. Interpretations.
In interpreting and applying the provisions of this chapter, they shall be
held to be the minimum requirements for the promotion of the public, safety,
comfort, or general welfare. It is not intended by this chapter to interfere
with or abrogate or annul any easements, covenants, or other agreements between
parties, provided; however, that where this chapter imposes a greater
restriction upon the use of buildings or premises or upon height of buildings,
or requires larger open spaces than are required by other ordinances, rules,
regulations, or by easements, governments, or agreements, the provisions of this
chapter shall govern. In the event of a difference or conflict between the text
of this chapter and the zoning districts shown on the official zoning map, the
designations on the map shall govern. In the event public streets or alleys or
public property are vacated or abandoned or become private property or are
leased for private use, said property shall be classified by the planning
commission at the time of change of status. In the event that any public
property is not indicated as being zoned on the zoning map, it shall not be used
for private purpose until said property has been classified as to
(1) Additions Authorized. Upon the request of any interested party,
the zoning administrator may determine whether a particular use is consistent
with the general purpose of the zone and is of the same general character as
those uses expressly listed as either permitted, accessory, or conditional uses
in the zone, and therefore, determine whether the use is allowed in the zone as
either a permitted, accessory, or conditional use.
(2) Findings. No such use
shall be determined to be permitted, accessory or conditional unless the
applicable provisions of the relevant article of this chapter dealing with the
subject zone reasonably allow the zoning administrator to make the required
findings or, upon appeal, reasonably allow the planning commission to make the
(3) Limitation. If the use is determined to be a
conditional use, and the zoning administrator is not authorized by this chapter
to grant said use permit, the zoning administrator shall not grant a use permit,
but shall be limited to determining that a use permit is required to be issued
by the planning commission for said use.
(4) Zoning Boundary Lines. The
planning commission, after notice to the owners of the affected properties, may
interpret the zoning maps and make minor adjustments in the zone boundaries in
such a way as to carry out the objectives and purposes of these regulations.
(Amended during the March 2009 supplement.)