Division 7. Introduction to District Regulations.

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Section 7.1. Zoning districts established.

In order to carry out the purpose and intent of this code, the city is hereby divided into the following zoning districts:

Residential Districts

RU-1 Residential District
RU-2 Residential District
RLM-1 Residential District
RLM-2 Residential District
RM Residential District

Mixed Use Districts

ROR Residential/Office/ Retail District
RFM Resort Facilties Medium District

Commercial Districts

CG-1 Commercial District
CG-2 Commercial District

Special Purpose Districts

INS Institutional District
R/OS Recreation/Open Space District
TU Transportation/Utility District
P Preservation District

Overlay Districts

PAG Pass-a-Grille Overlay District
RFO Resort Facilities Overlay District

Section 7.2. Official Zoning Map and general regulations.

(a) Purpose. The purpose of the Official Zoning Map is to set forth the boundaries of the zoning districts established in this code.

(b) Official Zoning Map. The location and boundaries of the districts established by this code are described on the Official Zoning Map of the city, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this code as if they were fully described herein.

(c) Maintenance of map. The Official Zoning Map, as amended from time to time in accordance with the provisions of Section 3.9(b) shall be kept on file and made available for public reference in the office of the City Clerk.

(d) Application of regulations within boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the Official Zoning Map indicates that district regulations pertaining to the district extend throughout the area surrounded by the boundary line.

(e) Interpretation of boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(1) Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a zoning lot, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any zoning lot. Should a street or alley be vacated or closed, the boundary line shall be construed as remaining in its location, except where ownership of the vacated street or alley is divided other than at the center, in which case the boundary line shall be construed as moving with the ownership.

(2) Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided that, where such boundaries are adjacent to a street or alley and the zoning status of the street or alley is not indicated, the boundaries shall be construed as running to the middle of the street or alley. Should a street or alley be vacated or closed, interpretation shall be as provided in paragraph (1) of this section.

(3) Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4) Boundaries indicated as following shorelines or centerlines of other bodies of water or indicated as following official bulkhead lines shall be construed as following such shorelines, centerlines or official bulkhead lines. In the case of a change in shoreline or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change.

(5) Boundaries indicated as following physical features other than those mentioned above shall be construed as following such physical features, except where variation of actual location from mapped location would change the zoning status of a zoning lot. In such case, the boundary shall be interpreted to avoid changing the zoning status of any zoning lot.>

(6) Boundaries indicated as parallel to or extensions of features indicated in paragraphs (1) through (7) of this section shall be construed as being parallel to or extensions of such features.

(7) Where a district boundary divides the area of a zoning lot unequally and the zoning lot is less than one acre in area, the district classification and regulation of the larger portion shall apply to the remaining smaller portion of the lot.

(8) If any further uncertainty exists, the appropriate board of authority shall interpret the intent of the map as to location of such boundaries.

(f) Exclusive nature of this code.

(1) Except as otherwise expressly provided herein, this code shall be deemed exclusive in nature, and only those uses specified shall be permitted in the various zoning districts. If a use is not specified in a zoning district, it shall be prohibited in that district. In the event that a use is not permitted in any zoning district, it may only be permitted after appropriate amendment to the text of this code.

(2) Further, when any defined use, condition or activity is permitted in a district subject to restrictions, such use, condition, or activity is prohibited if it is being conducted in violation of those restrictions.

(g) Interpretation when more than one regulation or standard applies. When more than one regulation or standard applies to any use, structure, activity or undertaking subject to any provision of this code, the most restrictive or stringent regulation or standard shall govern.

(h) Access.

(1) Every building hereafter erected or relocated shall be on a zoning lot that abuts a public street. Except, residential flag zoning lots may gain their access via a private driveway easement. All structures shall be so located on zoning lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. No dwelling shall be erected on a zoning lot or portion of a zoning lot that does not abut on at least one public street, private driveway easement, or approved private street for at least 20 feet.

(2) No land which is residentially zoned shall be used for driveway, walkway or access purposes to any land which is non-residentially zoned or used for any purpose not permitted in a residential district, except for ingress and egress to an existing use which does not abut on a street.

(i) Corner zoning lots. In the case of corner zoning lots in residential districts, a front yard of the required depth shall be provided on one frontage and a required secondary front yard shall be provided on the other

(j) Reduction of lot area. No zoning lot, lot of record, parcel, or yard existing on the effective date of this code, shall thereafter be reduced in dimension or area below the minimum requirements set forth in this code, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase and other similar situations. Zoning lots or yards created after the effective date of this code shall meet at least the minimum requirements established by this code.

(k) Height limitations. The height limitations contained in the regulations pertaining to specific districts do not apply to spires, belfries, cupolas, personal television antennae, water tanks, ventilators, chimneys, elevator shaft enclosures, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. In addition, the height limitations, except as provided in the PAG Pass-a-Grille Overlay District, shall not apply to non-habitable architectural features extending no more than 10 feet above the eave line of a roof. Provided, however, that the heights of the above-cited structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Administration.

(l) Required yard or open space. No part of a required yard or other required open space or off-street parking or off-street loading space provided in connection with one structure or use shall be included as meeting the requirements of any other structure or use, except where specific provision is made in this code.

Section 7.3. Use of two or more zoning lots, lots of record or parcels to satisfy zoning requirements.

(a) Two or more contiguous lots of record, parcels, or zoning lots under the same ownership may be used to satisfy zoning requirements (such as zoning lot size, required yards, parking, etc.) only after either a consolidation or boundary adjustment plat has been approved and recorded eliminating the common, internal lot line(s), provided that this provision shall not operate to conflict with subsection (b) below.

(b) For shopping centers, office parks, mixed-use condominiums and other mixed-use projects, condominium/hotel projects, and recreational club/condominium projects developed as a single project, but which include zoning lots under separate ownership subsequent to, or in conjunction with the development of the project, the design standards for parking, setbacks, zoning lot coverage, open space, etc. may be satisfied by all of the property included within the project. In such event, permanent easements shall be noted on the approved site plan, and covenants recorded in the public records providing for the joint use and maintenance of such items as parking, utilities, open space, etc. Such easements and covenants shall be approved as to form by the City Attorney and shall not be changed without prior approval by the city.

Section 7.4. Establishment of minimum building finished floor elevations.

The minimum finished floor elevation for all new or relocated structures, and any structure being restored, renovated or improved such that the new construction is subject to the substantial improvement rules shall be at an elevation to be determined by the city based upon the applicable local, state and federal flood hazard mitigation requirements.

Section 7.5. Regulations pertaining to specific zoning districts.

The regulations and requirements for each zoning district listed in Section 7.1 are enumerated in Sections 8 through 22.