§ 72-136. Interpretation of classification boundaries.

The following rules of interpretation shall be used to locate the classification boundaries shown on the official zoning map:

(1)

Boundaries following streets. Boundaries following, or approximately following, the centerlines of streets shall be construed to follow those centerlines. If a street is vacated, the classification boundary shall be construed to remain in its location, except when ownership of the vacated street is divided other than at the center, in which case, the boundary shall be construed to move with the ownership.

(2)

Boundaries following lot lines. Boundaries following, or approximately following, lot lines shall be construed to follow those lot lines.

(3)

Boundaries following county and city limits. Boundaries following, or approximately following, county and city limits shall be construed to follow those county and city limits.

(4)

Boundaries following railroad lines. Boundaries following, or approximately following, railroad lines shall be construed to follow the centerline of the railroad right-of-way. If a railroad right-of-way is vacated, the classification boundary shall be construed to remain in its location; except when ownership of the vacated railroad right-of-way is divided other than at the center, in which case, the boundary shall be construed to move with the ownership.

(5)

Boundaries following water bodies. Boundaries following, or approximately following, the shorelines of water bodies shall be construed to follow and move with those shorelines. Boundaries following, or approximately following, the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow and move with those centerlines.

(6)

Boundaries entering any body of water. Boundaries entering any body of water, but not continuing to intersect with other zoning boundaries, shall be construed to extend in the same direction in which they entered the body of water, until they intersect with other zoning boundaries.

(7)

Reduction of unincorporated area by municipal annexation. If city limits change through annexation, classification boundaries shall be construed to move with the city limits.

(8)

Increase of unincorporated area by municipal deannexation. If city limits change through deannexation, no different use may be made of the property deannexed until an appropriate zoning classification for it has been assigned in the manner prescribed by law.

(9)

Boundaries parallel to or extensions of above features. Boundaries apparently parallel to or extensions of the features indicated in subsections (1) through (8) above, shall be construed to be parallel to or extensions of those features, as the case may be.

(10)

Other cases. Boundaries splitting existing lots in subdivisions and any other boundaries not determined by the above rules shall be determined by reference to the expressed distances on or the scale of the official zoning map. In instances where boundaries, other than resource corridor boundaries, split existing lots, parcels or other tracts of land, the minimum yard and other requirements of the respective zoning classifications shall be measured from the classification boundary. If the existing lot will not accommodate any of the uses permitted in the multiple classification indicated thereon, a rezoning to an appropriate classification shall be required.

In instances where resource corridor boundaries split lots, parcels or other tracts of land, and when that area of the lot classified as resource corridor has less than 25 acres of area, principal and accessory structures shall be located on the area not classified as resource corridor utilizing the minimum yard requirements of the zoning classification of the area not classified as resource corridor as measured from the property line.

In instances where the structure cannot be located in the area not classified as resource corridor, the structure may be located in the area classified as resource corridor utilizing the minimum yard requirements of the resource corridor classification as measured from the property line.

(11)

Administrative adjustment of zoning classification boundaries. Where the boundary of a land use designation accorded an individual parcel or lot by the future land use map of the comprehensive plan has been administratively adjusted in a manner which is consistent with the provisions of said plan, the corresponding zoning classification boundary shall not be realigned, nor shall it be interpreted as having been realigned, concurrent with the adjusted boundary of the land use designation except as provided for herein. Proposed realignment of any zoning classification boundaries so as to correspond to the revised boundary of a land use designation shall be processed in the manner required by section 72-414 of this article, unless the realignment of said zoning classifications is necessitated by the adjustment of the boundaries of the environmental systems corridor land use designation; provided, however, that the revised boundary of the land use designation does not adjoin land owned by a person other than the owner of the property for which the administrative adjustment of the land use designation boundary has been requested.

(Ord. No. 89-20, § II, 6-20-89; Ord. No. 90-34, § 3, 9-27-90; Ord. No. 91-11, § VI, 5-16-91; Ord. No. 92-6, § V, 6-4-92; Ord. No. 2008-25, § II, 12-4-08)