Chapter 17.12
LAND USE DISTRICTS

Sections:

17.12.010    Establishment of land use districts.

17.12.020    Official zoning map.

17.12.030    Land use district boundaries.

17.12.040    Annexed property.

17.12.010 Establishment of land use districts.

A.    Purpose. The UDC classifies land within the city of Elma into various land use districts. Each district permits a different level of land use. The purpose statements of each land use district shall guide interpretation and application of land use regulations within the districts, and any changes to the range of uses within each district shall be made through amendments to the UDC as provided in Chapter 17.32.

B.    Land Use District Designations. In order to accomplish the purposes of the UDC, the following land use districts and zoning map symbols are established:

Land Use District

Map Symbol

General residential

G-R

Rural residential

R-R

Community business

C-1

Neighborhood commercial

C-2

General commercial

C-3

Industrial

I

C.    Purposes of Land Use Districts.

1.    The general residential (G-R) district promotes residential development along the same traditional neighborhood patterns that exist in Elma today. While remaining predominately single-family in character, the district also accommodates a wide-range of other complementary housing opportunities and land uses.

2.    The rural residential (R-R) district is a large lot, low-density residential area that provides the opportunity for urban residents to enjoy rural-like amenities on a smaller-scale. Single-family dwelling units, agriculture, and forestry are the allowed land uses in the R-R district.

3.    The community business (C-1) district serves the everyday consumer needs of city residents, the surrounding area, and visitors. Typical land uses in the C-1 district are small- to medium-sized retail businesses, restaurants, indoor entertainment facilities, small-scale visitor accommodations, personal and professional offices, cultural, religious and governmental institutions.

4.    The neighborhood commercial (C-2) district is a residential district identical to the G-R district, but allows small-scale professional services limited to licensed health care professionals and offices serving professional services such as accounting, financial counseling, engineering, surveying and architecture. The C-2 district protects and preserves the residential character of the existing neighborhood with restrictions on the physical layout and conduct of non-residential uses.

5.    The general commercial (C-3) district accommodates a wide range of large retail, warehousing, storage, and light-manufacturing activities that demand larger lot sizes to deliver goods and services to the public and other businesses.

6.    The industrial (I) district provides space for heavy industrial, processing, commercial storage, and transship activities that meet environmental regulations but may require separation from residential and commercial uses in the city. (Ord. 1047 §§2(part), 3(part), 2004).

17.12.020 Official zoning map.

The city of Elma official zoning map is on file with the office of the city clerk-treasurer. This official zoning map shall graphically show the location of land use districts within the city and bear the original approving signatures of the mayor and city clerk-treasurer. Reproducible copies of the official zoning map are available for public review and purchase through the city clerk-treasurer. (Ord. 1047 §§2(part), 3(part), 2004).

17.12.030 Land use district boundaries.

A.    Whenever an uncertainty exists as to the boundaries of a land use district as shown in the city of Elma official zoning map, the following rules shall apply:

1.    If any conflict between the zoning map and the text of the UDC shall arise, the text of the UDC shall prevail.

2.    Land use district boundaries shown as approximately following legally created lot lines shall be construed as following such lot lines.

3.    Land use district boundaries shown as approximately following the centerline of a body of water shall be construed as following such centerlines. In the event of a change in the shoreline of waterway, the boundary shall be construed as moving with the actual shoreline.

4.    Upon official vacation of a street or alley, the vacated area shall acquire the land use district classification of the lot to which it reverts.

5.    In the case of a district boundary that divides property without relying on lot lines, the location of the boundary shall be determined by use of the scale on the official zoning map.

B.    Future adjustments to land use district boundaries shall follow lot lines, natural landforms, or the centerline of streets and alleys.

C.    Any property within the boundaries of the city of Elma not clearly designated by the official zoning map shall be in the general residential (G-R) district. (Ord. 1047 §§2(part), 3(part), 2004).

17.12.040 Annexed property.

A.    Unless a different zoning classification is established pursuant to the provisions of subsection B of this section, all newly annexed properties shall assume the zoning district classification prescribed in the municipal code which is most similar to that applicable to it prior to annexation; provided, that if no such zoning exists and the alternative authorized pursuant to subsection B of this section is not utilized, it shall be classified as shown upon the then-applicable future land use map of the city’s comprehensive land use plan or, if not designated on that map, the general-residential (G-R) district.

B.    If either the applicant requesting the annexation or the city council proposes the zoning classification after annexation is to be other than the classification which would be established by subsection A of this section, the public notice for the hearing on the annexation request shall include the requested or suggested zoning classification. If the zoning classification is proposed by the city council, the following provisions shall apply:

1.    The petitioner or petitioners shall be given written notification of the proposed classification at least twenty-six calendar days prior to the date of the public hearing.

2.    Upon receipt of that notification, the petitioner or petitioners shall have the right to withdraw their request to be annexed so long as (a) such request is received no less than ten calendar days prior to the date of the hearing and (b) the council does not agree by action to annex the subject property with the zoning classification, if any, which was set forth in the petitioner’s request to annex or the classification established pursuant to subsection A of this section.

C.    In the event the alternative processes authorized by subsection B of this section have been initiated, the zoning district specified in the ordinance implementing the annexation shall be the zoning classification of the property. That classification either may be the specific zone indicated in the public notice or the presumptive zoning classification resulting from the application of the provisions of subsection A of this section. (Ord. 1141 §2, 2015: Ord. 1047 §§2(part), 3(part), 2004).