Page 11 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 11

DRAFT                                     134-1. iNtrODUctOrY PrOViSiONS

                                                                                                       Zoning Map


          1.9.3   VerSiONS AND citAtiONS                         1.10.3  BOUNDArieS
          All references in this zoning ordinance to other city,   Zoning boundary lines must be described by legal
          state or federal regulations are to be construed as    description or by a map that accompanies the
          referring to the most up-to-date version and citation   ordinance establishing the district or amending the
          for those regulations or successor regulations, unless   district boundaries. When a legal description is used,
          otherwise expressly indicated. When the referenced     the boundary is deemed to extend to the centerline of
          regulations have been repealed and not replaced        abutting streets. When a map is used, boundary lines
          by other successor regulations, zoning ordinance       must be established by dimensions, property lines,
          requirements for compliance are no longer in effect.   recorded lot lines, or the centerline of abutting streets,
                                                                 alleys, or railroad rights-of-way, as those features were
          1.9.4   liStS AND eXAMPleS                             of record at the time of adoption.
          Unless otherwise expressly indicated, lists of items
          or examples that use “including,” “such as,” or similar   1.10.4  MAP iNterPretAtiONS
          terms are intended to provide examples only. They      Where any uncertainty exists about a zoning boundary
          are not to be construed as exhaustive lists of all     that was established by legal description, the legal
          possibilities.                                         description accompanying the amending ordinance
                                                                 governs. In other cases, the community development
          1.9.5   DeleGAtiON OF AUtHOritY                        director is authorized to make an interpretation of the
          Whenever a provision appears requiring the head of     boundaries. The following rules apply to all zoning map
          a department or another officer or employee of the     interpretations:
          city to perform an act or duty, that provision will be
          construed as authorizing the department head or        A.  Boundaries shown as approximately following the
          officer to delegate that responsibility to others over    centerlines of streets, highways, alleys or other
          whom they have authority. Delegation of authority         public rights-of-way must be construed to follow
          is not allowed when the provisions of this zoning         such centerlines.
          ordinance expressly prohibit such delegation.          B.  Boundaries shown as approximately following
                                                                    platted lot lines must be construed as following such
          1.9.6   PUBlic OFFiciAlS AND AGeNcieS                     lot lines.
          Unless otherwise expressly stated, all employees,
          public officials, and boards and commissions to which   c.  Boundaries shown as approximately following city
          references are made are those of the city.                limit lines must be construed as following those
                                                                    lines.
          134-1.10  Zoning Map       1                           D. Boundaries shown as approximately following
                                                                    railroad lines must be construed to be midway
          1.10.1  eStABliSHMeNt                                     between the main tracks.
          The location and boundaries of the districts defined   e.  Boundaries shown as approximately following
          in this zoning ordinance must be established by           the shoreline or centerline of a river, stream,
          ordinance and shown on a geographic coverage layer        lake or other watercourse must be construed
          that is maintained as part of a geographic information    as following the actual shoreline or centerline of
          system (gIS) under the direction of the community         the watercourse. If, after establishment of the
          development director. This “zoning” geographic            boundary, the shoreline or centerline of the water-
          coverage layer constitutes the city’s official zoning map.  course moves as a result of natural processes, the
          1.10.2  MAiNteNANce AND UPDAteS                           boundary must be construed as moving with the
          The community development director is responsible for     shoreline or centerline of the watercourse.
          directing revisions to the official zoning map to reflect   1.10.5  ANNeXeD lAND
          its amendment as soon as possible after the effective   When land is annexed or otherwise brought into the
          date of any ordinance establishing or amending zoning   zoning jurisdiction of the city, it may be classified in
          district boundaries.                                   the A (Agricultural) district or assigned another zoning
                                                                 classification based on the comprehensive plan, existing
                                                                 land uses, any applicable annexation agreement or
                                                                 other relevant considerations.
                                                                                            2
          1   This section represents a substantially edited version
              of existing Sec. 134-277 although it is not intended as a
              substantive change from existing practice...       2   This is a change from Sec. 134-278, which appears to


          CITY OF DES MOINES CHAPTER 134: ZONING DRAFT                                                      134-1-3
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