Chapter 17.05
GENERAL PROVISIONS

Sections:

17.05.010    Short title.

17.05.020    Purpose.

17.05.030    Intent.

17.05.040    Effect on previous ordinances and maps.

17.05.050    Interpretation.

17.05.060    Conflict.

17.05.070    Nuisance and abatement.

17.05.080    Penalties.

17.05.090    Amendments.

17.05.010 Short title.

This title shall be known as the planning and zoning ordinance of West Point City, and may be so cited and pleaded. Said title shall be referred to herein as “this title,” and the chapters and sections hereinafter referred to shall be chapters and sections of this title. [Code 2000 § 17-1-1].

17.05.020 Purpose.

This title and the regulations and restrictions contained herein are adopted and enacted for the purpose of promoting the health, safety and morale, convenience and general welfare of the present and future inhabitants of West Point City, and:

A. To encourage and facilitate the orderly growth and development of the city.

B. To provide adequate open space for light and air, to prevent overcrowding of the land, and to lessen congestion on the streets.

C. To secure economy in municipal expenditures, to facilitate adequate provision for transportation, water, sewage, schools, parks and other public facilities and services.

D. To increase the security of home life and preserve and create a more favorable environment for the citizens and visitors of West Point City.

E. To secure safety from fire, panic and other dangers.

F. To stabilize and improve property values.

G. To enhance the economic and cultural well-being of the inhabitants of West Point City.

H. To promote the development of a wholesome, serviceable and attractive city resulting from an orderly, planned use of resources. [Code 2000 § 17-1-2].

17.05.030 Intent.

It is hereby declared to be the intent of the city council of West Point City that this title and the regulations set forth herein shall be so construed as to further the purpose of this title and promote the objectives and characteristics of the respective zoning districts. [Code 2000 § 17-1-3].

17.05.040 Effect on previous ordinances and maps.

The existing ordinances of West Point City covering planning and the zoning of areas and districts in the city in their entirety and including the maps heretofore adopted and made a part of said ordinances, are hereby superseded and amended to read as set forth herein; provided, however, that this title, including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming. [Code 2000 § 17-1-4].

17.05.050 Interpretation.

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth. [Code 2000 § 17-1-5].

17.05.060 Conflict.

This title shall not nullify the more restrictive provisions of covenants, agreements, or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. [Code 2000 § 17-1-6].

17.05.070 Nuisance and abatement.

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of any land, building, or premises established, conducted, or maintained contrary to the provisions of this title, shall be, and the same hereby is declared to be unlawful and a public nuisance, and the city attorney of West Point City shall, upon request of the city manager, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. [Code 2000 § 17-1-7].

17.05.080 Penalties.

Any person, firm, or corporation, whether as principal agent, employed or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be guilty of a Class C misdemeanor. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. [Code 2000 § 17-1-8].

17.05.090 Amendments.

A. The city council may amend the number, shape, boundaries, or area of any zoning district; any regulation of or within the zoning district; or any other provisions of this title.

B. Amendments may be initiated by the city council, the planning commission, or by one or more owners of property affected by the proposed amendment. Unless initiated by the city council or planning commission, no amendment shall be considered without evidence of the acquiescence therein of the owners of the property involved.

C. An application for amendment, when submitted by property owners, shall be accompanied by a fee, the amount to be determined by the zoning administrator as adequate to cover costs of hearings, publication, and any necessary reviews. No fee assessed, or any part thereof, shall be returnable in the event that the proposed amendment is denied.

D. An application for an amendment shall be filed at the office of the zoning administrator and shall be accompanied by an accurate map of the land and legal description.

E. Upon receipt of the application, the planning commission, in its regularly scheduled meeting, shall hear and receive information from the applicant and other interested parties, which may affect the request for amendment. The planning commission, after consideration of this information, shall make a recommendation to the city council on the proposed amendment.

F. A copy of any proposed amendment shall be submitted to the city council and shall be accompanied by the recommendations of the planning commission.

G. After receipt of a copy of any amendment from the planning commission and before adopting any amendment, the city council shall set the matter for public hearing at least 14 days before the date of the hearing.

H. After the public hearing, the city council may:

1. Adopt the amendment as proposed;

2. Modify the amendment and adopt or reject the amendment; or

3. Reject the amendment.

I. In case an application for a change of zone district is denied, a new application for the same zoning change affecting the same property shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning commission, to be eligible for consideration within one year of the denial of the original application. [Code 2000 § 17-1-9].