Ord_1606 PASSED (edited for Indoor Entertainment)

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1001.04: RELATIONSHIP TO THE COMPREHENSIVE PLAN 64 It is the policy of this City that the enforcement, amendment, and administration of this Code be 65 accomplished with due consideration of the recommendations and policies contained in the 66 Comprehensive Plan as developed and amended from time to time by the Planning Commission and City 67 Council. The City Council recognizes the Comprehensive 68 Plan as the policy for regulation of land use and development in accordance with the policies and purpose 69 herein set forth. 70 1001.05: USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS 71 Whenever a use is not specifically permitted in any zoning district and is determined by the Community 72 Development Department to not be consistent with a permitted and/or conditional use chart, the use shall 73 be considered prohibited. In such case, the City Council or the Planning Commission, on its own initiative 74 or upon request, may direct the Community Development Department to conduct a study to determine if 75 the use is acceptable and, if so, what zoning district would be most appropriate as well as what conditions 76 and standards should be imposed relating to development of the use. The City Council, Planning 77 Commission, or property owner, upon receipt of the Community Development Department’s study, may, 78 if appropriate, initiate an amendment to the Zoning Code/Ordinance to provide for the particular use 79 under consideration or shall find that the use is not compatible for development within the City. 80 1001.06: APPLICATION AND IMPLEMENTATION 81 The provisions of this Title shall be the minimum requirements for the promotion of the public health, 82 safety, morals, and general welfare. It is not the intention of this Title to interfere with, abrogate, or annul 83 any covenant or agreement between parties. Where this Title imposes greater restrictions than any other 84 applicable statute, ordinance, rule, or regulation, this Title shall control when and to the extent allowed by 85 State or Federal law. Where any other applicable statute, ordinance, rule, or regulation imposes greater 86 restrictions than this Title, such other statute, ordinance, rule, or regulation shall control. The section, 87 subsection, and paragraph headings are for reference only, and shall not be used to interpret, enlarge, or 88 detract from the provisions of this Title. 89 A. Minimum Requirements: The provisions of this chapter are the minimum requirements for the 90 promotion of the public health, safety, morals and general welfare. 91 B. Essential Services: Essential services shall be permitted as authorized and regulated by State and/or 92 Federal law and ordinances of the City. Such essential services are exempt from the application of this 93 chapter, except as regulated by the City’s Floodplain Ordinance. 94 C. Measurement: All measured distance expressed in feet shall be to the nearest tenth of a foot. The 95 measurement of distances when required by this chapter shall be done in a straight line in the plane 96 located at a point one foot above the highest point in the surface of the ground along the path of 97 measurement, from the closest exterior wall (extended vertically if a cantilever) of a building 98 containing the use to the property line of the adjacent street, district, or lot, or other boundary line. If 99 the use is not within a building, the measurement shall be the shortest distance from the location of 100 the use to the property line of the adjacent street, district, or lot, or other boundary line. 101