Chapter 12

ZONING

Article 2. Districts and Boundaries

§12-201             DESIGNATION OF DISTRICTS AND OFFICIAL ZONING MAP. The City of Henderson, Nebraska, and certain properties within one (1) mile in all directions of its corporate limits is hereby divided into zones, or districts, as hereinafter set forth and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter.

             The official zoning map shall be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the City under the following words: “This is to certify that this is the official zoning map referred to in Section 12-201 of the Henderson Municipal Code” together with the date of the adoption of the Henderson Municipal Code.

             The official zoning map, and all changes, amendments, or additions thereto, shall be located in the office of the City Clerk.

             For the purposes of this Chapter, the following zoning districts and zoning map designations are established:

             “A”                                                     Agricultural

             “R- 1”                                                 Single Family Residential

             “R-3"                                                  Multiple Family Residential

             “C- 1”                                                 Commercial

             “C-2”                                                  Highway Commercial

             “I”                                                      Industrial

             “E”                                                     Environmental Conservation

§12-202          RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists with respect to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:

             (1) Where district boundaries are indicated as approximately following the center line or street line of streets, the center line or alley line of alleys, or the center line or right-of-way line of highways, such lines shall be construed to be such district boundaries.

             (2) Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to coincide with the lot line, and where the districts designated in the zoning map are bounded approximately by lot lines, the lot shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.

             (3)     Where the boundary of a district follows a railroad line or abandoned railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

             (4)     Where the boundary line of a district is indicated as following shore lines, the boundary line shall be construed to follow such shore lines, and in the event of change in the shore line, the boundary line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

             (5)     Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

             (6)     Where a district boundary line divides a lot which was in single ownership at the time of passage of this Chapter, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining

portion of the lot.