§ 3.09. Zoning Ordinance Text and Map Interpretation.  


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  • 3.09.01. Primary Interpretation—Zoning Officer: The Zoning Officer shall be the individual primarily responsible for the interpretation of the text of this Ordinance and the Official Zoning Map. If the Zoning Officer determines that the meaning of a word or a provision is unclear, or that the application of same to a particular circumstance is uncertain, then the Zoning Officer shall provide a written statement of interpretation, specifying the reasons supporting the interpretation. Unless the interpretation is revised by the Board of Adjustment, City Manager, or modified by amendment to this Ordinance, the interpretation of the Zoning Officer shall be presumed to be correct.

    3.09.02. Ultimate Interpretations—Board of Adjustment: An interpretation by the Zoning Officer may be appealed to the Board of Adjustment in accordance with the provisions set forth in this Ordinance. The Zoning Officer may request an interpretive ruling from the Board of Adjustment by placing the request on the appropriate agenda of the Board.

    3.09.03. Official Zoning Map Interpretation: The zoning district boundary lines shown on the Zoning District Map usually follow streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

    A.

    Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center line.

    B.

    Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

    C.

    Boundaries indicated as approximately following City limits shall be construed as following City limits.

    D.

    Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

    E.

    Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

    F.

    Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the center line of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

    G.

    The zoning classification applied to a tract of land adjacent to a street shall extend to the center line of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

    H.

    Permanent zoning changes made after the date of passage of this Ordinance shall be indicated in approximate locations on the Official Zoning Map. Individuals seeking exact legal descriptions, shall be referred to the adopting Ordinance amendment for each particular permanent zoning change.