§ 21.01.050. Official zoning map.

A.

Incorporation into this ordinance. The official zoning map designates the location and boundaries of the various zone districts established in this title. It consists of a series of map pages adopted by ordinance and any subsequent amendments in accordance with this title. The official zoning map is incorporated herein by reference and referred to as the "zoning map" in this title. The zoning map shall be kept on file in the office of the department and is available for public inspection during normal business hours. The map shall be the final authority as to the current zoning status of lands, water areas, buildings, and other structures in the municipality.

B.

Changes to official zoning map. Changes made in zoning district boundaries or other matters portrayed on the official zoning map shall be made only in accordance with the provisions of Section 21.03.160, Rezonings (Zoning Map Amendments).

C.

Interpretation of district boundaries. In the case of any dispute regarding the zoning classification of property subject to this title, the official zoning map contained in the department shall control, or other official records as provided below. The director shall use the rules set forth below to interpret the map. Appeals shall be made to the zoning board of examiners and appeals in accordance with Section 21.03.050, Appeals.

1.

Where the zoning map shows a zoning district boundary line located within or following a street or alley right-of-way, utility line right-of-way, or public use easement, the district boundary shall be considered to be in the center of the right-of-way or easement. If the actual location of such right-of-way, or easement, as indicated in a recorded legal description of such, varies slightly from the location shown on the zoning map, then the actual location shall control.

2.

Where the zoning map shows a boundary line as being located a specific distance from a street line or other physical feature, this distance shall control.

3.

Where the zoning map shows a district boundary to coincide with a property line or municipal border, the legal property line or municipal border shall be considered to be the district boundary, unless otherwise indicated on the map.

4.

Where the zoning map shows a district boundary to not coincide or approximately coincide with any street, alley, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the zoning map.

5.

Where the zoning map shows a district boundary dividing an existing lot, each part of the lot shall be used in conformity with the standards established by this title for the zoning district in which that part is located.

6.

Where the case record conflicts with the zoning map, the case record shall control. For example, if the zoning map shows a property to be zoned R-1, yet the case record shows that the property was actually zoned I-1, the case record would control and the map would be changed to reflect the case record. Any permits issued in reliance on the erroneous designation shall be considered valid under this title; however, the lot, structure, or use shall be considered nonconforming and governed by chapter 21.12, Nonconformities.

(AO 2012-124(S), 2-26-13)