INTRODUCTION AND HOW TO USE THIS CODE SECTION 1101.19 EFFECTS OF ANNEXATION ON ZONING A. When a lot developed with an agricultural use or one (1) single-family dwelling is annexed into the City, it shall be classified as SR-Suburban Residential zone upon passage of the ordinance accepting the annexation. B. Any land within the City not designated or otherwise included within another zoning district shall be included in the SR-Suburban Residential zone. C. When a lot owned by any public authority is annexed into the City via annexation, it shall be classified as an OS-Open Space/Schools zone upon adoption of the ordinance accepting the annexation. D. Except for land annexed in accordance with (A) above, annexed land may be incorporated into one or more zoning districts provided the applicant files a development plan satisfying the requirements of Chapter 1109.23 that depicts the proposed zoning classification(s) for the annexed land. SECTION 1101.21 PRIVATE PROVISIONS A. The provisions of this Code are not intended to nullify, abolish or repeal any easement, covenant or other private agreement or restriction. SECTION 1101.23 CONFLICTING PROVISIONS A. In the case of any conflict or inconsistency between two or more provisions of this Code (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a base district) or any other City ordinance, the provision which imposes the greater or higher or more restrictive standard shall control. SECTION 1101.25 DETERMINATION OF LAND USES NOT LISTED IN THIS CODE A. It is recognized that this Code may require interpretation to assign all possible uses to individual zones or districts. Therefore, any use which is not specifically set forth in this Code shall be reviewed by the Planning and Zoning Administrator for consistency with the intent set forth in each district and for compatibility with use characteristics typical of uses permitted within those zones or districts. Based upon this review, the Director of Development shall determine the appropriate district or zone for any use which is not specifically set forth herein. In case of disagreement with the determination of the Director of Development in assigning a use to an appropriate district or zone, any aggrieved party may file an appeal with the Board of Zoning and Building Appeals. 16
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