(a)

Characteristics. The purpose of the agricultural district is twofold:

(1)

To preserve for an unspecified time period in agricultural and related open space land uses, those lands generally located in proximity of developed area where urban expansion is inevitable; it is intended that other than agricultural and open space activities be deferred until such time that compatible urban growth occurs.

(2)

To protect agricultural lands and lands consisting of natural growth from incompatible land uses in order to preserve agricultural lands.

(b)

Permitted uses and structures. The following principal uses and structures shall be permitted in the agricultural district:

(1)

Any form of agriculture including the raising of crops, horticulture, animal husbandry and poultry husbandry, yet excluding commercial feedlots and sale barns.

(2)

A family farm unit and its normal accessory buildings and dwellings, including mobile homes.

(3)

Railroad track right-of-way.

(c)

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the agricultural district:

(1)

Roadside produce stands in conjunction with a bona fide farm operation on the premises.

(2)

Artificial lakes of three acres or less.

(d)

Special exceptions. After notice and appropriate safeguards, the board of adjustment may permit the following as special exceptions in the A-1 agricultural district:

(1)

Home occupation.

(2)

Fairgrounds, racetracks and amusement parks.

(3)

Utility substations.

(4)

Airports.

(5)

Golf courses, country clubs, and golf driving ranges.

(6)

Amphitheaters, stadiums, drive-in movies, arenas and field houses.

(7)

Go-cart tracks, riding stables, playgrounds, athletic field, bowling, swimming pools, automobile parking.

(8)

Public parks, public recreational areas, churches and schools.

(9)

Operation and maintenance terminal for trucks and related large equipment.

(10)

Mineral extractive operators.

(11)

Sanitary landfill sites in accordance with state environmental protection agency regulations.

(12)

Cemeteries.

(13)

Kennels and veterinary establishments.

(14)

Farm-related bulk commodities.

(15)

Farm-related agriculture business or agriculture processing.

(16)

Wildlife propagation and game management.

(e)

Minimum frontage requirements. The minimum lot frontage width shall be 200 feet.

(f)

Minimum parcel of land. The minimum area for any residence shall consist of a piece, plot or area of land of contiguous assemblage as established by survey, plot or deed, occupied or to be occupied by a residential dwelling shall contain an area of not less than 40 acres unless:

(1)

If to be occupied by other members of the farm unit, the board of adjustment may reduce the required area following the same procedure as a variance.

(2)

A new residence is to be sited on an abandoned farm site (see definition), in which case, the board of adjustment may reduce the required area following the procedure of a variance.

(3)

Previously platted, approved and recorded lots prior to August 19, 1980, shall not be subject to the 40-acre minimum lot requirement, however, said lots must meet all requirements of ordinances as to minimum lot requirement sizes that existed prior to said date.

(g)

Minimum structure setback requirements. All structures shall be set back not less than 100 feet from all improved public roads measured from road right-of-way. Side yard setbacks shall be not less than 15 feet and rear yard setbacks shall be not less than 35 feet.

(h)

Minimum shelterbelt setback. Shelterbelts consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of 150 feet from the right-of-way line. Field belts consisting of one or more rows perpendicular to the right-of-way shall be set back a minimum of 100 feet from the right-of-way line. Replacement trees in existing shelterbelts are exempt from the setback requirements as long as its nonconformity is not increased.

(i)

Approaches. Along all county roads, approaches shall be a minimum of 500 feet apart. Each side of the road shall be treated as a separate road.

(j)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-51; Ord. No. 1164, § 701, 5-20-1968; Ord. No. 1238, § 1, 6-29-1970; Ord. No. 1463, § 2, 4-14-1978; Ord. No. 1551, § 5, 7-22-1980; Ord. No. 1596, § 1, 9-1-1981; Ord. No. 04-02-02, § 1, 3-1-2004)

(a)

Characteristics. This district is established to meet the needs of Foot and Moccasin Creeks within the planning area to carry abnormal flows of water in time of flood, to prevent encroachments into the district which will unduly increase flood heights and damage, and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard, as may exist prior to the construction of adequate flood control measures.

(b)

Special provisions. No zoning permit shall be issued for the construction of any building or any use or change in use within the district until plans for such construction or use have been submitted to the city council subject to approval by the public works director/city engineer. In its review of plans submitted the city council shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property:

(1)

Any uses permitted shall be a type not appreciably damaged by floodwaters.

(2)

Any structures permitted shall be designed, constructed, and placed so as to offer the minimum obstruction to the flow of water.

(3)

Where, in the opinion of the commission, there is need for topographical data, engineering studies or other information to determine the effects of flooding on a proposed structure or use or the effect of the structure or use on the flow of water, the city council may require the applicant to submit such information.

(4)

The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the city or the commission, or by any officer or employee of either thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant thereto.

(5)

Upon submission to the commission of evidence to the effect that adequate area-related flood control measures have been installed, subject to the approval of the public works director/city engineer; the commission shall initiate a change of zone petition to bring respective land parcels into conformity with adjacent zone districts on the respective sides of the watercourses.

(c)

Permitted uses. In the A-2 green belt district, the following restrictions shall prevail prior to the installation of adequate flood prevention measures on an area-related basis:

(1)

Along floodable portions of Foot Creek, Moccasin Creek, or other major watercourses, no structural development shall be permitted without prior approval of the commission.

(2)

Along floodable portions of tributaries to Foot and Moccasin Creeks or other minor watercourse as shown on the zoning map, as amended, no structural development shall be permitted without prior approval of the commission.

(3)

A nonstructural land use allowable in the abutting zone districts on the respective side of the watercourses shall be permitted.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-52; Ord. No. 1164, § 702, 5-20-1968; Ord. No. 04-02-02, § 2, 3-1-2004)

(a)

Characteristics. The purpose of this district is to establish the general location of single-family, low density residential neighborhoods throughout the planning area of the city, involving larger lot sizes. Other uses complimentary to, but not in conflict with single-family dwellings are also allowed. However, it is the intent that the R-1 low density residential district should basically retain the characteristics of a quiet residential area.

(b)

Permitted uses. Within the R-1 low density residential district, buildings, structures, and land shall be used only for the following purposes:

(1)

Agriculture, horticulture, and gardening but not including commercial nurseries, greenhouses, or the raising of animals or fowl for commercial purposes, or the sale of any products on the premises.

(2)

Single-family dwellings, excluding mobile/manufactured and trailer homes.

(3)

Hospitals and convalescent homes.

(4)

Public buildings, museums, art galleries, libraries, and publicly owned parks, playgrounds, and community centers not conducted for profit.

(5)

Churches, Sunday schools, and other places of worship, including parish houses and convents.

(6)

Public and parochial schools and other institutions of educational or philanthropic nature.

(7)

Home occupations shall be allowed if said home occupations are in conformance with section 60-194.

(8)

Accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses, shall not be less than ten feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least 35 feet from any side street right-of-way line. The footprint of such buildings or structures shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the dwelling and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following special exceptions:

(1)

Private clubs:

a.

Private lodges;

b.

Private/social (noncommercial) recreational and entertainment facilities; or

c.

Grounds for games and sports.

(2)

Public works and public utility facilities including, but not limited to:

a.

Transformer stations;

b.

Pumping stations;

c.

Water towers;

d.

Radio or television transmitter stations; and

e.

Telephone exchanges.

(3)

Two-family dwellings.

(4)

Multifamily dwellings.

(5)

Mortuary and funeral homes.

(6)

Cemeteries.

(7)

Day care.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-53; Ord. No. 1164, § 703, 5-20-1968; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 97-06-01, 6-10-1997; Ord. No. 97-06-11, 6-23-1997; Ord. No. 97-07-05, 7-22-1997; Ord. No. 04-02-02, § 3, 3-1-2004; Ord. No. 04-04-01, § 3, 5-3-2004; Ord. No. 19-05-04, § 3, 7-17-2019)

(a)

Characteristics. The purpose of this district is to establish the general location of single-family, medium density residential neighborhoods throughout the planning area of the city, involving medium lot sizes. Their uses complimentary to, but not in conflict with single-family dwellings are also allowed. However, it is the intent that the R-2 medium density residential district should also basically retain the characteristics of a quiet residential area, but with progressively higher residential density.

(b)

Permitted uses. Within the R-2 medium density residential district, buildings, structures and land shall be used only for the following purposes:

(1)

Any use permitted without special exception in the R-1 low density residential district; provided, however, that accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses shall not be less than five feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least 25 feet from any side street right-of-way line. The footprint of such building or structure shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the dwelling and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(2)

Boardinghouses, roominghouses or lodginghouses not intended as tourist accommodations.

(3)

Two-family dwellings.

(4)

Multifamily dwellings.

(5)

Medical clinics.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following special exceptions:

(1)

Private clubs:

a.

Private lodges;

b.

Private/social (noncommercial) recreational and entertainment facilities; or

c.

Grounds for games and sports.

(2)

Public works and public utility facilities including, but not limited to:

a.

Transformer stations;

b.

Pumping stations;

c.

Water towers;

d.

Radio or television transmitter stations; and

e.

Telephone exchanges.

(3)

Mortuary or funeral homes.

(4)

Day care.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-54; Ord. No. 1164, § 704, 5-20-1968; Ord. No. 1212, § 1, 9-2-1969; Ord. No. 1233, § 3, 3-30-1970; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 1871, 6-5-1990; Ord. No. 97-06-02, 6-10-1997; Ord. No. 97-06-12, 6-23-1997; Ord. No. 04-02-02, § 4, 3-1-2004; Ord. No. 04-04-01, § 4, 5-3-2004; Ord. No. 19-05-04, § 3, 7-17-2019)

(a)

Characteristics. The purpose of this district is to provide for single- and multiple-family living but also to afford flexibility for the establishment of a broader range of uses, other than residential, that are not detrimental to the overall intent of the residential neighborhood. This district, although it accommodates both residential and semi-commercial uses is not a business zone since the overall consideration is for residential habitation and transition into a two- or multiple-family high density district.

(b)

Permitted uses. Within the R-3 high density residential district, buildings, structures and land shall be used for the purpose of any use permitted without special exception in the R-2 medium density residential district; provided, however, that accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses shall not be less than five feet from any property line, and further provided that in the case of corner lots such buildings or structures shall be set back at least 25 feet from any side street right-of-way line. The footprint of such building or structure shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the dwelling and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize any special exception use permitted in the R-2 medium density residential district.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-55; Ord. No. 1164, § 705, 5-20-1968; Ord. No. 1233, § 4, 3-30-1970; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 97-06-03, 6-10-1997; Ord. No. 04-02-02, § 5, 3-1-2004; Ord. No. 04-04-01, § 5, 5-3-2004; Ord. No. 19-05-04, § 3, 7-17-2019)

(a)

Characteristics. The purpose of the C-1 neighborhood commercial district is to permit the logical development of land for business which is designed to meet the daily needs of surrounding residential area, to ensure a business environment of sustained desirability, to ensure the suitable development of such business in order to protect the surrounding residential environment, and not to produce a volume of traffic in excess of the design capacities of any access streets.

(b)

Location. Neighborhood business districts must be located only within an R-1, R-2, or R-3 residential district.

(c)

Use provisions. In the C-1 neighborhood commercial district, no building, structure, or premises shall be used, erected, or altered until or unless the following conditions have been complied with:

(1)

A plot plan which shall show the location of all present or proposed buildings, sidewalks and other areas to be devoted to pedestrian use, drives, parking lots, loading and unloading areas; the location, dimensions and arrangements of areas to be devoted to planting; and all buildings, streets, alleys, highways, streams and other topographical features of the lot and the area 150 feet beyond any lot line.

(2)

Any information the commission may require in order to adequately evaluate the effects of use operations in producing excessive traffic congestion, or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire, safety hazards or other factors detrimental to the general welfare of the surrounding areas.

(3)

Engineering plans for the handling of any problems of the type outlined in subsection (c)(2) of this section, including a designation of sewers and necessary plans for controlling other nuisances as enumerated in subsection (c)(2) of this section.

(4)

Upon the finding by the commission that the proposed development will constitute a commercial area of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and consistent with the overall long range plans for the community, that it will not result in an over intensive use of land, that it will not result in undue traffic congestion or traffic hazards, that the plan indicates that it will be adequately landscaped, buffered, or screened, and otherwise promote the health, safety, and welfare of the community, the commission shall approve, disapprove, or modify the proposed development plan prior to the issuance of a zoning permit.

(d)

Use conditions. Uses permitted in the C-1 neighborhood commercial district shall be subject to the following conditions:

(1)

All business establishments shall be retail or service establishments which deal directly with the customer. All goods produced on the premises shall be sold at retail on the premises where produced.

(2)

All business, servicing or processing, except for off-street parking, off-street loading, and vehicular service station operation shall be conducted within completely enclosed buildings.

(3)

Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the neighborhood commercial district, shall be physically separated from a public street by a suitable barrier against unchanneled motor vehicle access or egress. The roads, driveways, parking areas and walks shall be paved and maintained in good condition with hard surface materials.

(4)

All access roads to public streets or highways shall be located not less than 30 feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress.

(5)

No building or other permanent structure shall be located within 30 feet and no parking lot shall be located within ten feet of any adjacent residential district. No building or other permanent structure shall be located within 35 feet of the street right-of-way. A parking lot shall not be located within ten feet of the right-of-way of any major or collector street.

(6)

Along each property line which is adjacent to a residential district, the owner may be required to maintain a buffer strip ten feet wide upon which shall be planted a hedge, evergreen, shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects consistent with the existent vegetation and the permitted use of the adjacent residential property.

(7)

Because of the possible public health hazard, and in order to obtain adequate fire protection, public water facilities shall be supplied and the proposed facilities must be shown on the proposed development plan.

(8)

Raw materials and supplies shall be stored within the buildings, and trash, rubbish, and other refuse shall be stored in covered containers and handled and disposed of in such a manner as not to give rise to smoke, odor or litter.

(9)

To effect the provisions of this chapter, and to carry out the conditions and requirements thereof, the commission may prescribe particular requirements or any further reasonable conditions deemed appropriate with respect to the suitability of any particular proposed neighborhood commercial district.

(e)

Permitted uses. In the C-1 neighborhood commercial district, buildings, structures, and land shall be used only for the following purposes:

(1)

Bakery where products are sold exclusively at retail on the premises only.

(2)

Barbershops and beauty shops.

(3)

Cafe or coffee shop, excluding drive-in restaurants.

(4)

Candy and ice cream stores.

(5)

Drugstores.

(6)

Dry cleaning and laundry pickup stations, processions to be done elsewhere.

(7)

Food stores and delicatessens, excluding the killing and dressing of any flesh and fowl and any supermarket type of operations.

(8)

Law, insurance and real estate offices.

(9)

Clothing and apparel stores, including those doing alterations and tailoring.

(10)

Laundromats, coin-operated, where laundry equipment is rented for use by the customer.

(11)

Medical, dental and optical offices or clinics, excluding any type of hospital.

(12)

Newsstands plus accessory items, such as books, stationery, magazines and tobacco.

(13)

Service and filling stations, carwashes (not more than four stalls and nonautomated), excluding major repair work.

(14)

Accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the principal uses stated in this subsection shall be permitted and further providing that, in the case of corner lots, such buildings or structures shall be set back at least 35 feet from any side street right-of-way line. The footprint of such building or structure shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the principal structure and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(15)

Off-street parking facilities for any of the uses listed in this subsection (e) of this section.

(16)

All properties within 300 feet of an educational institution shall comply with requirements as defined in section 60-196, pertaining to school safe zone.

(f)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following special uses:

(1)

Public works and public utility facilities, including, but not limited to, transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges, but not service or storage yards.

(2)

Drive-up windows for permitted retail and service establishments.

(g)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-56; Ord. No. 1164, § 706, 5-20-1968; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 1597, § 1, 9-1-1981; Ord. No. 1851, 1-9-1990; Ord. No. 97-06-04, 6-10-1997; Ord. No. 98-07-06, 8-4-1998; Ord. No. 02-09-05, § 2, 3-10-2003; Ord. No. 04-02-02, § 6, 3-1-2004; Ord. No. 04-04-01, § 6, 5-3-2004; Ord. No. 06-07-07, 8-1-2006; Ord. No. 19-05-04, § 3, 7-17-2019)

(a)

Characteristics. The purpose of this district is to establish the location of areas best suited to the needs of highway-related commercial types within the planning area, being characterized by a need for larger lot size, off-street parking and immediate access to transient traffic.

(b)

Permitted uses. In the C-2 highway commercial district, buildings, structures, and land shall be used only for the following purposes:

(1)

Automotive sales and services, such as filling or service stations, commercial or repair garages, new and used car dealers, and automotive supplies.

(2)

Automobile washing establishments.

(3)

Farm equipment sales and services, including implement dealers, irrigation equipment and other farm machinery.

(4)

Eating and drinking establishments, including drive-in restaurants and liquor distributors.

(5)

Motel and tourist accommodations.

(6)

Commercial recreation and entertainment, including, but not limited to, theaters, bowling alleys, dancehalls, skating rinks, and golf or baseball driving ranges.

(7)

Public or private parks and picnic areas.

(8)

Private clubs; private lodges; private social, recreational, and entertainment facilities, or grounds for games and sports.

(9)

Off-street parking facilities for any of the uses in this subsection.

(10)

Accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses and that will not create a nuisance or hazard to life or property shall be permitted and further providing that, in the case of corner lots, such buildings or structures shall be set back at least 35 feet from any side street right-of-way line. The height of such buildings or structures shall be subordinate to that of the principal structure; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the principal structure and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(11)

Any uses permitted in C-3 district.

(12)

All properties within 300 feet of an educational institution shall comply with requirements as defined in section 60-196, pertaining to school safe zone.

(13)

Telecommunication equipment collocated on existing towers and facilities or stealth telecommunication facilities that will not increase the height or area of the supporting facility.

(14)

A licensed cannabis dispensary.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following special uses:

(1)

Public works and public utility facilities, such as transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges, but not storage yards.

(2)

Trailer parks or courts.

(3)

The open storage, parking or sale of vehicles, machinery and trailers, building materials and supplies.

(4)

Kennels and veterinary establishments.

(5)

Mini-storage or multi-use storage facilities; provided, however, that no structure authorized by this section shall be used to store hazardous materials, as defined by title III of the Superfund Amendments and Reauthorization Act of 1986. In addition, no hazardous wastes, as defined by the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984, shall be stored in mini-storage or multi-use storage units.

(6)

Additions to personal residences and remodeling of multifamily and personal residences existing in this section. No new personal residences shall be allowed, and no new multifamily residences or additions to existing multifamily residences shall be allowed.

(7)

Crematorium.

(8)

Sexually oriented businesses, as defined in section 60-195, pertaining to adult uses.

(9)

New telecommunication facilities or additions in height or area of existing facilities.

(d)

Signs. All signs must follow article XII of this chapter.

(e)

Setbacks on corner lots. On corner lots in the C-2 districts, the setback shall be not less than 25 feet from the side street adjacent to the lot. Front setbacks to remain as set forth in article VI of this chapter.

(Code 2011, § 60-57; Ord. No. 1164, § 707, 5-20-1968; Ord. No. 1265, §§ 1, 3, 1-18-1971; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 1457, 1-3-1978; Ord. No. 1801, § 2, 1-26-1988; Ord. No. 1822, 1-30-1989; Ord. No. 97-06-05, 6-10-1997; Ord. No. 03-02-05, § 2, 3-3-2003; Ord. No. 02-09-04, § 3, 3-10-2003; Ord. No. 02-09-05, § 3, 3-10-2003; Ord. No. 04-02-02, § 7, 3-1-2004; Ord. No. 04-04-01, § 7, 5-3-2004; Ord. No. 09-05-01, §§ 707.2, 707.3, 6-30-2009; Ord. No. 19-05-04, § 3, 7-17-2019; Ord. No. 21-09-01, § 2, 10-27-2021; Ord. No. 23-05-01, § 2, 6-30-2023)

(a)

Characteristics. The purpose of this district is to establish the location of the downtown or predominant shopping area of the city in relation to its intended use; that being to best serve the largest number of patrons within the community's service area with the widest variety of goods and services. Through the proper zoning classification and use of restrictions it is the intent of this section to prevent the scattering of commercial uses and to centralize together the predominant retail and service activities needed to satisfy the local shopping public.

(b)

Permitted uses. In the C-3 central business district zone, buildings, structures, and land shall be used only for the following purposes:

(1)

Retail businesses, such as hardware, paint and lumber stores, general merchandise stores, department stores, apparel stores, furniture stores, drugstores, grocery stores, eating and drinking establishments, liquor stores, antique shops, jewelry stores, office supply stores, music shops, sporting goods stores, book, stationery, magazine, candy and tobacco shops, and florists, but not excluding similar retail outlets. Outdoor displays of merchandise are permitted, subject to the regulations provided elsewhere in this Code.

(2)

Business services such as banks, credit unions, loan companies and other financial institutions, real estate and insurance agencies, utility offices, newspaper office, and professional offices, but not excluding similar business services.

(3)

Personal services such as barbershops, beauty salons, photographic studios, launderettes, tailor, dressmaking, millinery, and dry cleaning, but not excluding similar personal services.

(4)

Repair services, such as radio, television and appliance shops, plumbing shops, carpenter shops, upholstery shops, and shoe repair shops; but not excluding similar repair services.

(5)

Automotive sales and services; such as filling or service stations, commercial or repair garages, new and used car dealers, and automotive supplies, provided they are completely within an enclosed building or structure.

(6)

Farm equipment sales and services, including implement dealers, irrigation equipment and other farm machinery, provided they are completely within an enclosed building or structure.

(7)

Transportation depots, communication offices and travel agencies.

(8)

Medical, dental, and health offices, clinics and establishments, excluding veterinary clinics.

(9)

Restaurants, cafes, short-order establishments, bars and night clubs, but excluding drive-in establishments.

(10)

Ice cream and dairy stores and establishments selling specialty food items exclusively at retail, excluding drive-in type facilities.

(11)

Theatres and auditoriums; excluding drive-ins.

(12)

Hotels and boardinghouses.

(13)

Public buildings, museums, art galleries, and libraries.

(14)

Public and private clubs, lodges, fraternal organizations and places for social, recreational and entertainment facilities.

(15)

Public and private parking facilities.

(16)

Churches, convents and other places of worship.

(17)

Mortuary and funeral homes.

(18)

Public works. Public buildings, public utility facilities, such as transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges, but not service or storage yards.

(19)

Accessory building, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses and that will not create a nuisance or hazard to life or property shall be permitted. The footprint of such building or structure shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the principal structure and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(20)

All properties within 300 feet of an educational institution shall comply with requirements as defined in section 60-196, pertaining to school safe zone.

(21)

Public and parochial schools and other institutions of educational or philanthropic nature.

(22)

Telecommunication equipment collocated on existing towers and facilities or stealth telecommunications facilities that will not increase the height or area of the supporting structure.

(23)

A licensed cannabis dispensary.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following exceptions:

(1)

Bakeries and creameries, where the products are sold exclusively at retail on the premises.

(2)

Wholesale trade, warehousing and commercial storage completely within an enclosed building or structure.

(3)

Open storage, parking or sale of vehicles, machinery, and trailers, building materials and supplies and wholesaling and warehousing goods.

(4)

Small animal veterinary clinics whose practice on the premises is limited solely to companion animals such as dogs, cats, birds, fish and reptiles commonly kept as household pets. Such clinics shall not include facilities for boarding or kenneling of animals not under veterinary treatment, nor shall they include facilities for the treatment of horses, food animals such as cattle, sheep, swine, poultry, goats or other large animals.

(5)

Additions to personal residences and remodeling of multifamily and personal residences existing in this section. No new personal residences shall be allowed, and no new multifamily residences or additions to multifamily residences shall be allowed.

(6)

Carwashes of not more than four stalls.

(7)

Crematorium.

(8)

Sexually oriented businesses, as defined in section 60-195, pertaining to adult uses.

(9)

New telecommunication facilities or additions in height or area of existing facilities.

(d)

Signs. All signs must follow article XII of this chapter.

(e)

Aberdeen commercial historic district. No building, structure, premises or sign shall be used, erected or altered along Historic Main Street, until or unless the following conditions have been complied with:

(1)

All residential uses shall be permitted, but those residential uses must be located above the first story and off-street parking must be provided for each dwelling unit as per section 60-159, off-street parking regulations.

(2)

No off-street parking will be permitted within the front or side yard of a lot.

(3)

Existing and newly constructed buildings will be prohibited from being used solely for dry/cold storage or as garages/car ports.

(f)

Aberdeen commercial historic district. A permit for any construction or exterior alteration of any building or structure shall not be granted along Historic Main Street, until or unless the following conditions have been complied with:

(1)

A materials list for all new bare lot construction must be submitted as part of the city planning commission approval process. The materials list must be reflective of the historic nature of the surrounding area and buildings. Rough-sawn wood, rustic shingles, aluminum, steel or vinyl siding or obvious imitation materials will not be permitted.

(2)

All new construction or renovation/alteration to a building's facade, including buildings with dual frontage, shall meet all of the requirements set forth in the National Historic Preservation Act (NHPA), SDCL ch. 1-19A "Preservation of Historic Sites," and SDCL ch. 1-19B "County and Municipal Historic Preservation Activities."

(3)

All newly constructed buildings must be constructed to meet the zero property line set back, so that the new building is in line with the other existing structures. Accessory structures, such as sheds, garages or carports will not be permitted.

(4)

All building entrances must meet the requirements of the Americans with Disabilities Act (ADA).

(5)

All signage will be required to adhere to article XII.

(Code 2011, § 60-58; Ord. No. 1164, § 708, 5-20-1968; Ord. No. 1265, § 2, 1-18-1971; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 1747, § 1, 6-30-1986; Ord. No. 96-08-01, 8-19-1996; Ord. No. 97-06-06, 6-10-1997; Ord. No. 98-07-07, 8-4-1998; Ord. No. 03-02-05, § 3, 3-3-2003; Ord. No. 02-09-04, § 3, 3-10-2003; Ord. No. 02-09-05, § 3, 3-10-2003; Ord. No. 04-02-02, § 8, 3-1-2004; Ord. No. 04-04-01, § 8, 5-3-2004; Ord. No. 06-08-05, 8-29-2006; Ord. No. 09-05-01, §§ 708.02, 708.3, 6-30-2009; Ord. No. 10-10-04, § 708.02, 2-1-2011; Ord. No. 14-04-05, 5-14-2014; Ord. No. 15-11-02, 12-1-2015; Ord. No. 19-05-04, § 3, 7-17-2019; Ord. No. 21-09-01, § 2, 10-27-2021)

(a)

Characteristics. The purpose of this district is to identify those portions of the planning area best suited to development or redevelopment in contemporary and compatible industrial uses, grouped in a park-like setting which is a good neighbor to surrounding zone districts and easily accessible to residential neighborhoods.

(b)

Use provisions. In the I-1 industrial park district no building, structure or premises shall be used and no building or structure shall be erected or altered until or unless these following conditions have been complied with, except that a permit may be issued administratively without commission approval for interior remodeling or repairs and any exterior repairs and/or maintenance:

(1)

A plot plan which shall show the location of all present or proposed buildings, sidewalks and other areas to be devoted to pedestrian use, drives, parking lots, loading and unloading areas; the location, dimensions and arrangements of areas to be devoted to planting; and all buildings, streets, alleys, highways, streams and other topographical features of the lot and the area 150 feet beyond any lot line.

(2)

An estimate of the maximum number of employees contemplated for the proposed development along with the number of shifts or working hours during which they would work. Also a description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing excessive auto and traffic congestion or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire or safety hazards or other factors detrimental to the health, safety, and welfare of the area.

(3)

Engineering and architectural plans for the handling of any problems of the type outlined in subsection (b)(2) of this section, including a designation of sewers to be used and necessary plans for controlling of smoke and other nuisances as enumerated above.

(4)

Any other information the planning commission may need to adequately consider the effect that the proposed uses may have upon the environment and on the cost of providing municipal services to the area.

(5)

Upon the finding by the commission that the proposed development of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and consistent with the overall long range plans for the community, that it will not result in an over intensive use of land, that it will not result in undue traffic congestion or traffic hazards, that the plan indicates that it will be adequately landscaped buffered, and screened, and otherwise promote the health; safety, and welfare of the community, the commission may approve, disapprove, or modify the proposed development plan prior to the issuance of a zoning permit.

(c)

Special provisions.

(1)

Industrial park districts shall have a contiguous minimum area of at least 80 acres.

(2)

Required front yard areas shall be planned and maintained in such a manner as to provide a park-like setting for the building.

(3)

Initial development of individual lots shall provide adequate area for at least 100 percent expansion of uses, the main building, accessory building, off-street parking space, and other yard space requirements as set forth herein.

(4)

The principal and accessory buildings shall not cover more than 25 percent of the area of the lot.

(5)

Not less than 40 percent of the lot area shall be covered with vegetative material.

(6)

No frame building or frame accessory buildings shall be erected in the I-1 industrial park district. In all buildings erected in the I-1 industrial park district, the same kind of material or the same kind of brick shall be used for all outside walls adjoining or facing the street. Nothing herein contained shall prevent a different kind of material from being used for trimming the exposed outside walls provided the design employed shall be uniform on all the exposed outside walls of the buildings. All buildings erected in the I-1 district, shall be fireproof throughout and shall comply with all reasonable fire regulations, as set down by the commission.

(7)

All materials and equipment used in connection with a development in an industrial park zone shall be stored completely enclosed within buildings or subject to commission approval provided that submitted site plans provide for proper screening, including fencing and or buffer strips, applied to ensure the health, safety and welfare of the community. Any trailers stored on the property shall be currently licensed, adequately insured and roadworthy.

(d)

Permitted uses. Permitted uses shall include all uses, including signs not otherwise prohibited by law or as specified by this chapter, except when, in the opinion of the commission, the proposed use does not comply with the regulations as outlined in article VII of this chapter.

(e)

Prohibited uses. Uses prohibited from the I-1 industrial park district shall include:

(1)

Residential dwellings.

(2)

Any retail commercial activity.

(3)

Manufacture or sale of alcoholic beverages.

(4)

The sale of vehicles, machinery, trailers, building materials, junk and scrap.

(5)

Livestock feed lots, sale barns or slaughter of animals.

(6)

Any other use of land, building, structure, or industrial process which does not comply with the regulations as outlined in article VII of this chapter.

(f)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-59; Ord. No. 1164, § 709, 5-20-1968; Ord. No. 03-12-03, §§ 1—3, 12-30-2003; Ord. No. 04-02-02, § 9, 3-1-2004)

(a)

Characteristics. The purpose of this district is to identify and consolidate the various locations of industrially-related land uses which, because of their shipping, storage, and other requirements, exert special demands on the planning area. The I-2 district consolidated locations have been established for maximum transportation facilities and reduced negative aesthetic impact on other land uses in the planning area.

(b)

Permitted uses. Within the unrestricted industrial district, buildings, structures, and land shall be used only for the following purposes:

(1)

Appliance and mechanical instruments manufacturing and sales.

(2)

Automotive sales and services.

(3)

Bottling, cold storage, ice or locker plants.

(4)

Concrete, asphalt and ready-mix manufacturing, operations, and sales.

(5)

Contractor's offices, shops, and storage.

(6)

Dry cleaning and laundry plants.

(7)

Electronic equipment manufacture.

(8)

Farm equipment sales and services.

(9)

Food and kindred product processing.

(10)

Furniture, lumber and wood manufacturing and sales.

(11)

Garages for storage, repair, and servicing of motor vehicles.

(12)

Hatcheries.

(13)

Iron and steel works.

(14)

Plumbing, heating, air conditioning manufacture and service.

(15)

Metal processing and fabricating.

(16)

Milling, animal feed preparation and grain elevators.

(17)

Printing and publishing plants.

(18)

Public works and public utility facilities, including, but not limited to, transformer stations, pumping stations, water towers, and telephone exchanges.

(19)

Sign manufacture.

(20)

Stone, clay and glass operations.

(21)

Textile and clothing manufacturing.

(22)

Transportation terminals and freight yards.

(23)

Utility offices, installations, and shops.

(24)

Wholesale and warehousing establishments and related storage, completely within an enclosed building.

(25)

Accessory buildings, structures, and uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses and that will not create a nuisance or hazard to life or property.

(26)

Any uses permitted in C-3 and C-2 districts.

(27)

All properties within 300 feet of an educational institution shall comply with requirements as defined in section 60-196, pertaining to school safe zone.

(28)

Telecommunication equipment collocated on existing towers and facilities or stealth telecommunication facilities that will not increase the height or area of the supporting structure.

(29)

A licensed cannabis establishment.

(30)

Mini-storage or multi-use storage facilities; provided, however, that no structure authorized by this section shall be used to store hazardous materials, as defined by title III of the Superfund Amendments and Reauthorization Act of 1986. In addition, no hazardous wastes, as defined by the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984, shall be stored in mini-storage or multi-use storage units.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following exceptions:

(1)

Automotive and machinery wrecking, salvage, and junkyards and similar types of used-material businesses or industries, provided that they are conducted within a structure or on a lot enclosed by a solid fence at least eight feet in height.

(2)

Butane gas storage plants.

(3)

Fertilizer manufacture.

(4)

Gasoline, oil and petroleum products, manufacturing, sale, and storage.

(5)

Livestock feed lots and sale barns, but not nearer than 1,000 feet to any residential district, incorporated area, or dwelling other than the dwelling of the lessee or owner of the site.

(6)

Open storage, parking, or sale of vehicles; raw materials; building materials; supplies; wholesaling, warehousing; manufactured goods; contractors' equipment; and concrete, asphalt and ready-mix manufacturing operations, and sales.

(7)

Paint, glue, solvent, alcohol and other chemical production.

(8)

Packing plants and slaughterhouses.

(9)

Manufacturing, wholesaling or warehousing uses not otherwise specified in subsection (b) of this section subject to the regulations outlined in article VII of this chapter.

(10)

Additions to single-family dwellings, and remodeling of single-family, two-family, and multifamily dwellings, existing prior to September 11, 1996. No new two-family or multifamily dwellings or additions to existing two-family or multifamily dwellings shall be allowed. A new single-family dwelling may be allowed if:

a.

The dwelling unit is contained entirely within the principal structure on the lot and no other dwelling unit exists on the lot;

b.

The dwelling unit does not occupy more than 40 percent of the gross floor area; and

c.

At all times an individual living in the dwelling unit is the property owner, an industrial business tenant, or a full-time employee of such owner or tenant, and on-premises residency of such individual serves an integral need of the permitted industrially-related land use. No individuals occupying the dwelling unit shall be required to pay any form of cash rent or to provide in-kind services beyond the scope of their regular employment duties in exchange for rent.

(11)

New telecommunication facilities or additions in height or area of existing facilities.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-60; Ord. No. 1164, § 710, 5-20-1968; Ord. No. 1411, § 12, 3-30-1976; Ord. No. 96-08-02, 8-19-1996; Ord. No. 97-08-06, 8-18-1997; Ord. No. 02-09-05, § 3, 3-10-2003; Ord. No. 04-02-02, § 10, 3-1-2004; Ord. No. 09-05-01, §§ 710.2, 710.3, 6-30-2009; Ord. No. 19-05-04, § 3, 7-17-2019; Ord. No. 21-09-01, § 2, 10-27-2021; Ord. No. 22-01-01, § 1, 3-23-2022; Ord. No. 23-05-01, § 2, 6-30-2023)

(a)

Characteristics. The purpose of this district is to provide for new multifamily units such as apartments, condominiums, dormitories and the like, providing criteria, for these uses. This zone is in various R-2, R-3, C-1, C-3 districts designated on the zoning map by cross hatching.

(b)

Permitted uses. Within the designated areas structures of this nature may be built without special exception of the board of zoning adjustment.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize the following exceptions:

(1)

The construction in any area of the city of apartments, townhouse complexes, high rise structures, condominiums, dormitories and the like, provided they architecturally fit into the surrounding area.

(2)

Any special exceptions use permitted in the R-2 or R-3 districts.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-61; Ord. No. 1164, § 711, 5-20-1968; Ord. No. 1233, § 5, 3-30-1970; Ord. No. 04-02-02, § 11, 3-1-2004)

(a)

Characteristics. The purpose of this zone is to provide a suitable and adequate space in which to permanently park mobile homes, trailer coaches, and the like for use as a high density residential district, complete with play areas, parking areas, park areas and general green areas.

(1)

Permitted uses. Parking of house trailers, trailers, mobile homes, trailer coaches and the like, provided each area used for such parking is equipped for hookup to sewer and water and provides parking area for two cars.

(2)

Additional parking shall be provided off the lot in the ratio of one space for each ten residential lots.

(3)

General green areas may consist of parks, bicycle paths, swimming pools and the like in a ratio of one acre green area for each ten acres of entire area or major portion thereof.

(b)

Special conditions. Trailer parks now in existence may continue to operate as a nonconforming use.

(c)

Park requirements. Trailer parks shall conform to the following requirements:

(1)

A trailer park shall abut a major or collector street, as classified in the comprehensive plan for the city, for at least 100 feet.

(2)

Any trailer park shall have a gross land area of at least ten acres.

(3)

All trailer parks shall have a maximum density of eight mobile homesites per acre, of occupiable space.

(4)

Each mobile home trailer or trailer coach shall have a lot of at least 4,000 square feet if connected with a public sewer or lagoon. No lot dimension shall be less than 40 feet. Culs-de-sac to be considered separately.

(5)

No trailer, mobile home or trailer coach shall be parked closer to the street or highway than 25 feet nor shall they be parked closer than 25 feet to any property line.

(6)

No trailer, mobile home or trailer coach shall be located closer than 20 feet to another mobile home or appurtenance.

(7)

Trailer, mobile home or trailer coach spaces within a park shall abut upon a driveway at least 25 feet in width. That area occupied by the road shall not fulfill any part of the area requirements for the lot.

a.

The minimum street or roadway shall be at least 30 feet in width if automobile parking is limited to one side of street and 40 feet in width if parking is permitted on each side.

b.

Dead-end streets shall not be permitted.

c.

Culs-de-sac or turning circles shall be at least 80 feet in diameter.

(8)

Provide two hard-surfaced or crushed rock parking spaces, off city streets or highways, for each mobile home lot, in one or a combination of the following manners:

a.

Two spaces on the adjacent street provided that street conform to subsection (c)(7)a of this section.

b.

Two off-street parking spaces on each mobile home lot, provided lot size is increased by 400 square feet.

c.

One off-street parking space on each mobile home lot, provided lot is increased by 200 square feet, plus one space on adjacent street, providing that street conform to subsection (c)(7)a of this section.

(9)

All mobile homes must be skirted, with a two-foot eight-inch-wide access door toward the end on one side and a two-foot eight-inch wide access door toward the other end on the other side. Storage may thus be obtained under the mobile home for noncombustible materials only, and fire access is hereby provided.

(10)

Each mobile home, trailer or trailer coach shall have water and sewer connections and shall comply in all respects to all appropriate state, county and city sanitation, health and safety regulations and codes.

(11)

Safe, convenient all-season pedestrian access shall be provided to each mobile home stand from the street and where pedestrian traffic is concentrated shall be provided.

a.

Minimum widths of individual lot walks shall be 1½ feet.

b.

Minimum width of common walks shall be three feet.

(12)

Each mobile home park shall be in charge of a person of legal age who shall:

a.

Maintain the mobile home park in a clean, orderly and sanitary condition at all times.

b.

Lot number and trailer identification shall be placed on each lot, readily visible to visitors and the general public.

c.

Street surfaces must be kept in a condition whereas standing water will not create insect breeding areas.

d.

Each mobile home court or park must maintain a register of all occupants.

e.

Trailers or mobile homes, with or without toilet facilities that cannot be connected to a sanitary sewer, shall not be permitted in the mobile home park.

(13)

It is recommended that all services, including electrical and telephone, except feeders be placed under ground. Feeders where possible should be placed back of the skirting.

(d)

Single trailers.

(1)

No single trailers, mobile homes or trailer coaches will be permitted in any other than R-5 areas.

(2)

Any plot ten acres or more in size, located in the R-2, R-3 or C-2 districts may be designated as an R-5 area upon favorable application to the planning commission and with approval of the city council.

(3)

All nonconforming single trailer lots and nonconforming multiple trailer locations that existed on the effective date of the ordinance from which this subsection is derived, April 24, 1970, are allowed to continue as nonconforming single trailer lots and nonconforming multiple trailer locations indefinitely.

(e)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-62; Ord. No. 1164, § 712, 5-20-1968; Ord. No. 1233, § 6, 3-24-1970; Ord. No. 1726, § 1, 8-5-1985; Ord. No. 04-02-02, § 12, 3-1-2004)

The purpose of this district is to provide various locations of city and county government and to permit construction of buildings pertaining thereto without exception.

(Code 2011, § 60-63; Ord. No. 1164, § 713, 5-20-1968; Ord. No. 1233, § 7, 3-30-1970)

(a)

Characteristics. The purpose of the M-AG mini-agricultural district is to provide an environment and area conducive to large residential lot/hobby farm endeavors while retaining a quasi-rural character.

(b)

Permitted uses and structures. The following principal uses and structures shall be permitted in the mini-agricultural district:

(1)

Any form of agriculture including the raising of crops, horticulture, animal husbandry and poultry husbandry, yet excluding commercial feedlots and sale barns.

(2)

Single-family and two-family dwellings and their normal accessory buildings, excluding mobile homes.

(3)

Railroad track right-of-way.

(c)

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the mini-agricultural district:

(1)

Roadside produce stands in conjunction with a bona fide farm operation on the premises.

(2)

Artificial lakes of three acres or less.

(d)

Special exceptions. After notice and appropriate safeguards, the board of adjustment may permit the following as special exceptions in the mini-agricultural district:

(1)

Home occupations.

(2)

Fairgrounds, racetracks and amusement parks.

(3)

Utility substations.

(4)

Airports.

(5)

Golf courses, country clubs and golf driving ranges.

(6)

Amphitheaters, stadiums, drive-in movies, arenas and field houses.

(7)

Go-cart tracks, riding stables, playfields, athletic field, bowling, swimming pools and automobile parking.

(8)

Public parks, public recreational areas, churches and schools.

(9)

Operation and maintenance terminal for trucks and other equipment.

(10)

Mineral extractive operators.

(11)

Sanitary landfill sites in accordance with state EPA regulations.

(12)

Cemeteries.

(13)

Kennels and veterinary establishments.

(14)

Wildlife propagation and game management.

(e)

Minimum lot requirements. The minimum lot frontage width shall be 200 feet. The minimum residential lot area shall be:

(1)

Without central sewer or water: 2½ acres.

(2)

With central sewer: one acre.

(3)

With central water and sewer: one-half acre.

The minimum lot requirement shall not apply to lots platted, approved and recorded prior to August 19, 1980, however, said lots must meet all requirements of ordinances as to minimum lot requirement sizes that existed prior to said date.

(f)

Minimum setback requirements. All structures shall be set back not less than 100 feet along section line roads and not less than 45 feet along all others, measured from road rights-of-way.

(g)

Minimum shelterbelt setback. Shelterbelts consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of 150 feet from the right-of-way line. Field belts consisting of one or more rows perpendicular to the right-of-way shall be set back a minimum of 100 feet from the right-of-way line. Replacement trees in existing shelterbelts are exempt from the setback requirements as long as its nonconformity is not increased.

(h)

Approaches. Along all county roads, approaches shall be a minimum of 500 feet apart. Each side of the road shall be treated as a separate road.

(i)

Service roads. Service roads may be required at the discretion of the planning commission.

(j)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-64; Ord. No. 1164, § 714, 5-20-1968; Ord. No. 1551, § 6, 7-22-1980; Ord. No. 1596, § 2, 9-1-1981; Ord. No. 04-02-02, § 13, 3-1-2004)

(a)

Characteristics. The purpose of this district is to establish throughout the planning area of the city, the general locations for medium density, single-family, neighborhoods involving medium lot sizes and composed primarily of manufactured housing and privately owned lots in which the real estate improvements on the lots have the same owners. Manufactured housing shall consist of units produced off-site in accordance with either:

(1)

The National Mobile Home Construction Code and Safety Standards Act of 1974 (42 USC 5401 et seq.); or

(2)

The Uniform Building Code (International Conference of Building Officials), transported to the site, and designed for long-term residential use.

Other uses complimentary to, but not in conflict with, single-family dwellings are also allowed. However, it is the intent that the R-2A manufactured housing medium density residential district retain the characteristics of a quiet residential area, but with progressively higher residential density.

(b)

Permitted uses. Within the R-2A manufactured housing medium density residential district, buildings, structures and land shall be used only for the following purposes:

(1)

The permanent placement of manufactured housing for long-term residential use.

(2)

Any use permitted without special exception in the R-1 low density residential district; provided, however, that accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses shall not be less than eight feet from the property line, and further provided that in case of corner lots such buildings or structures shall be set back at least 25 feet from any side street right-of-way line. The footprint of such building or structure shall not exceed the footprint of the principal building and shall not exceed 15 percent of the total lot area; shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the principal structure and shall be located in the rear yard of the property. Any structure with side walls higher than ten feet shall be approved in accordance with section 60-193, pertaining to special exception regulations, by the board of zoning adjustment.

(c)

Special provisions.

(1)

All manufactured homes erected in the R-2A manufactured housing medium density residential district must have the following:

a.

Be placed on permanent foundations approved by the building official of the city as meeting the requirements set forth in Guidelines for Manufactured Housing Installations, 1983 edition, published by the International Conference of Building Officials.

b.

Have had the towing hitch or running gear, which includes tongues, axles, brakes, wheels, lights, and other parts of the chassis that operate only during transportation, removed.

c.

Manufactured home and garages shall have a pitched roof with not less than a minimum slope corresponding to 2½ inches of vertical rise for each 12 inches of horizontal run. Metallic roofing surfaces shall not be permitted, but roofing material may be used that is generally acceptable for housing built on-site.

d.

Have exterior siding constructed from any materials that are generally acceptable for housing built onsite if applied in such a manner as to be similar in appearance; provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss exterior enamel. The use of flat or corrugated sheet metal for the exterior walls of any manufactured home or garage is prohibited.

e.

All manufactured home directed or placed in the R-2A district shall only be placed on lots or property that has been platted prior to said placement or erection.

(2)

Any application for change to an R-2A manufactured housing medium density residential district shall contain a minimum of 7½ acres of gross land area. The area, should more than one parcel of land be involved, should be contiguous exclusive of any street or easement.

(d)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after a public hearing and subject to such conditions and restrictions as set forth in article VII of this chapter, authorize the following special exceptions:

(1)

Public works and public utility facilities including, but not limited to, transformer stations, pumping stations, water towers, radio or television transmitter stations, and telephone exchanges.

(2)

License manufactured home park will be permitted provided that the person seeking a licensed manufactured home park special exception shall first submit a developmental plan at the time of the special exception request. The development plan shall be picked but not be limited to the property boundaries and dimensions, the general layout of the existing and proposed streets, roads, lots, reservations of land, water and sanitary sewer or other utilities, drainage and landscape buffers. The development plan must have the approval of the public works director/city engineer for the city and once approved shall expire three years from the date upon which it becomes effective if no substantial progress has been made to implement the development plan. The approval of the development plan by the public works director/city engineer for the city shall not grant the special exception but said special exception shall be granted only by the board of zoning adjustment pursuant to the revised ordinances of the city. Amendments to an improved development plan may be made at the discretion of the public works director/city engineer and planning director. The public works director/city engineer and planning director may request an updated development plan for review and approval when major changes to the plan have been proposed or have occurred. All streets proposed in the development plan shall be at least 30 feet wide if parking is allowed on both sides of the street with a minimum public right-of-way of 60 feet. No off-site built home or manufactured home shall be placed in the licensed manufactured home park that is less than 16 feet wide or that has less than 960 square feet. Accessory uses and buildings permitted in the licensed manufactured home park are buildings and uses in the district. Such uses may include manager's office; community centers and recreation facilities, laundry facilities, maintenance buildings and/or facilities, and recreational vehicle/personal storage facilities, provided they are built in accordance with this chapter. All signs placed in the licensed manufactured home park shall be subject to the jurisdiction of the city pursuant to article XII of this chapter.

(3)

Any property already zoned pursuant to this section R-2A manufactured housing medium density residential district and having a plan approved prior to the effective date of the ordinance from which this chapter is derived shall not have to comply with the special exception requirement contained in this subsection (d) of this section as to securing a special permit after a public hearing from the board of zoning adjustment but shall be required to meet all other requirements of this chapter.

(e)

Signs. All signs must follow article XII of this chapter.

(f)

Density, area, yard, and height regulations. The minimum lot requirements within this district shall be as follows:

(1)

Minimum subdivision area shall be 7.5 acres.

(2)

General lot requirements.

* One required front yard may be reduced to 20 feet.

** The side yard will be required to be increased to ten feet when the building is three stories in height or more.

(g)

Other regulations. Except as to the specifications contained in this chapter, the requirements of chapter 48, subdivision regulations shall apply to all developments in this zone including licensed manufactured home parks.

(h)

Improvements. Improvements placed on lots contained in a licensed manufactured home park need not be owned by the same person owning the real estate upon which the improvements are placed and the owner of the lots may rent the lot to others.

(Code 2011, § 60-65; Ord. No. 1164, § 715, 5-20-1968; Ord. No. 1688, § 1, 6-5-1984; Ord. No. 97-06-07, 6-10-1997; Ord. No. 04-02-02, § 14, 3-1-2004; Ord. No. 04-04-01, § 9, 5-3-2004)

(a)

Characteristics. The purpose of this district is to establish the location of areas best suited to the needs of medically related businesses within the planning area. This zone is in various R-3, C-2 and I-2 districts as designated on the zoning map.

(b)

Permitted uses. In the HC health care district, buildings, structures and land, in addition to the uses permitted by the R-3, C-2, or I-2 districts, of which it is a part, shall be used only for the following purposes:

(1)

Hospitals, convalescent homes and nursing homes.

(2)

Medical, dental, optical and health offices, clinics and establishments, excluding veterinary clinics.

(3)

Medically related housing facilities for short-term occupancy including hotels or motels.

(4)

Medical education and fitness facilities.

(5)

Durable medical equipment wholesalers and retailers.

(6)

Off-street parking facilities for any of the above uses.

(7)

Accessory buildings, structures, or uses subordinate and customarily incidental to and located on the same lot width of the principal uses in this subsection. Such buildings or structures shall have an exterior that is aesthetically similar in texture and appearance to and that is compatible with the exterior of the principal structure and shall be located in the rear yard of the property.

(c)

Special exceptions. The board of zoning adjustment for the city may, by special permit, after public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter, authorize any special exceptions use permitted in the R-3, C-2, or I-2 districts.

(d)

Signs. All signs must follow article XII of this chapter.

(Code 2011, § 60-66; Ord. No. 1164, § 716, 5-20-1968; Ord. No. 92-06-02, § 1, 7-7-1992; Ord. No. 04-02-02, § 15, 3-1-2004; Ord. No. 04-04-01, § 10, 5-3-2004)