§ IX. General regulations

A. Annexed areas.

1. All territory which may hereafter be included within the zoning jurisdiction of Doniphan by annexation shall be governed by and subject to the requirements of district (R) residential, until such time as the zoning district shall have been amended to zone such territory otherwise, or unless the landowner proposing an annexation by the city, or the board of aldermen by resolution, requests and obtains an advance determination from the city prior to the completion of the annexation process in the manner hereinafter set forth.

2. Any developer or landowner outside the city limits who has requested in writing that the city annex their real estate may, with such request, ask for a predetermination of zoning district classification prior to completion of the annexation process. The written request shall specify which zoning district classification is requested for each parcel and shall be accompanied by a fee of $50.00. the board of aldermen may, by resolution, when considering the advisability of an annexation, ask for a predetermination of zoning district classification prior to completion of the annexation process. The board of aldermen's request shall specify which zoning district classification is requested for each parcel and shall require no fee. Upon receipt of any such request, the city clerk shall transmit the application to the planning and zoning commission which shall schedule the same for a public hearing before the commission not less than 30 days and not more than 90 days from the date of filing. The commission shall publish a notice of the time and place of the public hearing on the proposed determination in zoning district classification, which notice shall be published at least once, not less than 15 days preceding the date of such hearing, in an official paper or a paper of general circulation in Doniphan; said notice shall contain description of the property and the proposed zoning district classification if the annexation is completed. The planning and zoning commission shall give or cause to be given such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable.

3. The planning and zoning commission shall conduct the public hearing on the proposed zoning classification for the areas to be annexed.

4. Following the public hearing, the proposed zoning classification may be approved as presented or in modified form by a majority vote of the planning and zoning commission and recommended for adoption by the board of aldermen, with reasons for such recommendation stated in writing. If the classification proposed by the developer or landowner is denied or modified by the commission, the developer or landowner may withdraw the entire annexation request at any time up to the time of final action by the board of aldermen.

5. The board of aldermen may, by ordinance, adopt the recommended zoning district classification submitted by the planning and zoning commission. If the board of aldermen does not concur with the recommendation of the planning and zoning commission, the board of aldermen shall return the recommendation to the planning and zoning commission for further study and report. After re-submission of the recommendation, the board of aldermen may, by ordinance, accept, reject, or modify the recommendation pertaining to the proposed zoning classification. The ordinance approving the proposed zoning district classification may be made a part of the ordinance approving the annexation of the property in question.

6. If the planning and zoning commission disapproves a proposed annexation or of the proposed zoning classification in the area to be annexed, notice of disapproval with the reasons for such disapproval shall be given in writing to the petitioner within 15 days from the date of the decision.

7. Following disapproval of a proposed annexation or of the proposed zoning classification by the planning and zoning commission, the petitioner may appeal such disapproval to the board of aldermen, provided that the petitioner states specifically in writing to the city clerk why he considers the planning and zoning commission's findings and decisions to be in error. Such appeal shall be filed with the city clerk within 15 days of receipt of notice of the planning and zoning commission's action. The board of aldermen may, thereafter, by ordinance, accept, reject, or modify the recommendation pertaining to the proposed zoning classification. Following disapproval of a proposed annexation or of a proposed zoning classification recommended by the board of aldermen to the planning and zoning commission, the board of aldermen may nevertheless, by ordinance, adopt such proposed zoning classification as the board of aldermen shall deem proper for the development of the city.

B. Completion of existing buildings.

1. Nothing herein contained shall require any change in plans, constructions, or designated use of a building actually under construction at the time of effective date of these regulations.

C. Occupations permitted in residential structures utilized for residential purposes in the residential zone (home occupation).

1. An occupation may be carried on in a residential structure in the residential district only when it:

a. Does not require the use of more than 20 percent of the floor area of the dwelling unit.

b. Does not require the use of an accessory building or yard space or an activity outside the main structure not normally associated with residential uses.

c. Does not have a sign in excess of four square feet in area to denote the business, occupation, or profession, and such sign must be attached to the structure.

d. Does not involve the display of goods and services outside the home.

e. Does not generate onstreet parking.

D. Lot of record.

1. On any lot of record in the residential district, a one-family structure may be erected even though the lot be of less area or width than required by the regulations of the residential area in which the lot is located, provided all other area requirements and setback requirements are met.

E. Nonconforming.

1. Nonconforming use of land or nonconforming use of structures may be continued if the following are complied with:

a. A nonconforming use of land shall not be changed unless changed to a conforming one.

b. The area devoted to a nonconforming use of land cannot be enlarged beyond the lot area so used on February 18, 1975.

c. A nonconforming use of structure may be changed to another use in the same zoning classification as the original use provided the planning and zoning commission finds that such change of use is as compatible for the area as the original nonconforming one.

2. A nonconforming structure may be enlarged with the approval of the planning and zoning commission, but in no event shall the enlargement of the structure be in violation of the existing area requirements for the zoning district in which the structure is located.

3. A nonconforming structure may not be rebuilt or reestablished if said structure is damaged in excess of one-half of its fair market value immediately prior to damage.

(Ord. No. 97-5, § 1, 6-3-97)