Division 1 — PURPOSE AND APPLICABILITY

The city zoning ordinance consisting of this chapter and the official zoning map is hereby established and adopted by the city council for the purpose of promoting and protecting the public health, safety and welfare of the people of the city, to implement the general plan of the city, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources.

(Ord. No. 24-03, § 2, 9-17-24)

The chapter shall be applicable to all areas of the city. The use and employment of all land and any buildings or structures located upon the land and the construction, reconstruction, alteration, expansion, or relocation of any building or structure upon the land shall conform to all regulations applicable to the zone in which the land is located. No land, building, structure, or premises shall be used for any purpose or in any manner other than is permitted by this chapter and by the zone in which such land, building, structure, or premises is located.

(Ord. No. 24-03, § 2, 9-17-24)

If ambiguity arises concerning the content or application of the chapter, it shall be the duty of the community development director to ascertain all pertinent facts and set forth the community development director's finding and interpretation. Unless such finding and interpretation is appealed to the planning commission pursuant to article V, division 9, of this chapter, the community development director's interpretation shall thereafter govern.

(Ord. No. 24-03, § 2, 9-17-24)

In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare. The intent of these regulations is not to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. When these regulations impose a greater restriction upon the use of buildings or land, or upon the height of buildings, or require larger open spaces than are imposed or required by

other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of these regulations shall control.

(Ord. No. 24-03, § 2, 9-17-24)

Except as otherwise specifically provided, no provision of this chapter shall be construed as relieving any party to whom a permit or variance is issued from any other provision of state or federal law or from any provision, ordinance, rule, or regulation of the city requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use.

(Ord. No. 24-03, § 2, 9-17-24)

Nothing contained herein shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of any amendment of these regulations provided that actual construction of such building or structure is commenced within one hundred eighty (180) days after the date of issuance of the building permit and is completed within one (1) year from the effective date of such amendment, and provided further that such construction and proposed use of such building or structure is not on said effective date in violation of any other ordinance or law.

(Ord. No. 24-03, § 2, 9-17-24)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the

remaining portions of these regulations, it being hereby expressly declared that this chapter and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one (1) or more other sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. No. 24-03, §2, 9-17-24)

Zone changes, conditional use permits, variances and other land use decisions shall be consistent with the portions of the county hazardous waste management plan (approved February 28, 1990) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the city to attach appropriate conditions to the issuance of any such approval in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the county plan.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-9—29-13. - Reserved.