§ 4.4. Rules for interpretation of district boundaries.  


Latest version.
  • When uncertainty exists as to the boundaries of the various districts on the zoning map, the following rules shall apply:

    1.

    Location of district boundary lines.

    a.

    Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, avenues, and alleys shall be construed to follow such lines.

    b.

    Lot, section lines. Boundaries indicated as approximately following platted lot lines or section lines shall be construed as following such lot lines.

    c.

    Corporate boundaries. Boundaries indicated as approximately following corporate boundaries shall be construed as following such corporate boundaries.

    d.

    Railroad lines. Boundaries indicated as following railroad lines shall be construed to be the centerline of the railroad right-of-way.

    e.

    Water lines. Boundaries indicated as approximately following the centerlines of streams or other bodies of water shall be construed to follow such centerlines.

    f.

    Parallel lines. Boundaries that are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning maps.

    g.

    Bisecting lines. Boundaries that approximately bisect a block, lot or tract shall be construed to follow the median lines of such blocks, as indicated by rear property lines or as measured between the centerlines of boundary streets in the absence of rear property lines or in the absence of both of the above by use of the scale appearing on the zoning map.

    h.

    Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in case any other uncertainty exists, the board of adjustment shall interpret the intent of the zoning maps as to the location of district boundaries.

    i.

    Street abandonments. Where a public road, street, avenue, or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street, avenue, or alley.

    j.

    Annexed areas. Where parcels of land and water areas have been annexed by the City of Palestine, said parcels shall be classified the most closely corresponding or similar zoning classification contained within this ordinance and on the zoning map until changed, if at all, by a public hearing.

    2.

    Special provisions for lots divided by district boundaries. Where any lot, existing at the effective date of this ordinance, is located in two or more districts in which different uses are permitted, or in which different use, area, bulk, accessory off-street parking and loading, or other regulations apply, the provisions of this subsection shall apply.

    a.

    Use regulations.

    (1)

    If more than 50 percent of the lot area of the lot is located in one of two or more districts, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot.

    (2)

    If the lot is divided so that 50 percent of the lot area lies within each of two or more districts, the applicable use regulations for the most restrictive district shall apply to the entire lot.

    b.

    Dimensional regulations.

    (1)

    If more than 50 percent of the lot area of the lot is located in one of two or more districts, the dimensional requirement regulations applicable to the district containing the majority lot area shall apply to the entire lot.

    (2)

    In cases where the lot is divided so that 50 percent of the lot area lies within two or more districts the lot area, yard setback, height, lot coverage, and off-street parking and loading regulations and requirements for the district with the more restrictive regulations shall apply to the entire lot.