§ 3-9-8. Rules for interpretation of district boundaries.

(a)

District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise provided, a district symbol shown within boundaries on the official zoning atlas indicates that district regulations pertaining to the identified district extend throughout the entire area surrounded by the boundary line.

(b)

Uncertain boundaries. Where uncertainty exists as to the boundaries of districts shown on the official zoning atlas, the following rules shall apply:

(1)

Boundaries which appear to follow the centerlines of dedicated streets, highways, alleys or rights-of-way shall be construed as following such centerlines as they exist on the ground. If a street is vacated, the boundaries shall remain in the same location as before the street vacation.

(2)

Boundaries which appear to follow lot, boundary or property lines shall be construed as following such lines as they exist on the ground; provided, however, that where such lot, boundary or property line are adjacent to a dedicated street, alley, highway or right-of-way, the boundaries shall be construed as running to the middle of the street, alley, highway or right-of-way. If a street is vacated, the boundaries shall remain in the same location as before the street vacation.

(3)

Boundaries which appear to follow city or county limits shall be construed as following such city or county limits as they exist on the ground.

(4)

Boundaries which appear to follow railroad tracks or rights-of-way shall be construed as following the centerline of the railroad tracks or rights-of-way as they exist on the ground.

(5)

Boundaries which appear to follow mean high water lines or centerlines of streams, canals, lakes or other bodies of water shall be construed as following such mean high water lines or centerlines. In case of a change in mean high water line or the course of bodies of water, the boundaries shall be construed as moving with the change in the location of the mean high water line or centerline.

(6)

Boundaries which appear to enter a body of water but do not continue to the intersection with another zoning district boundary or with the limits of jurisdiction of the county shall be construed as extending in the direction in which they run to the point of intersection with another zoning boundary or with the limits of county jurisdiction.

(7)

Boundaries indicated as parallel to or extensions of land or water features described in paragraphs (1)—(6) above shall be construed as being parallel to or extensions of such features.

(8)

Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map on each page of the zoning atlas.

(c)

Cases not covered above. In cases not covered by the foregoing provisions of this section, or where the property or street layout existing on the ground is at variance with that shown on the official zoning atlas, the zoning official shall interrupt the official zoning atlas according to the intent and purpose of this chapter. Appeal from the interpretation of the zoning official shall be to the board of zoning appeals pursuant to the procedure provided in section 3-9-6.

(Minutes of 12-8-81, § 4; Ord. No. 2015-017, § 1, 4-28-15)

Editor's note

Ord. No. 2015-017, § 1, adopted April 28, 2015, repealed the former § 3-9-8, and renumbered former §§ 3-9-9—3-9-11 as §§ 3-9-8—3-9-10. The former § 3-9-8 pertained to establishment of zoning districts and official zoning atlas and derived from Minutes of Dec. 8, 1981, § 3; and Ord. No. 94-50, § 1, adopted Nov. 3, 1994.