(a)

Scope and intent. The Ag, Agriculture District is intended to recognize the transition between agricultural uses of the land and the city. It encourages the continued use of that land which is suitable for agriculture and limit any land uses and lot subdivisions that may be a detriment to normal community expansion.

(b)

Permitted use.

(1)

Agriculture estate dwelling site in accordance with chapter 111, division 3.

(2)

Farm/ranch.

(3)

Grazing of livestock as part of a farm/ranch operation.

(4)

Municipal buildings.

(5)

One-family dwelling, including a manufactured home meeting the minimum requirements of manufactured homes placed on individually owned lots.

(6)

Public parks and recreation facilities.

(7)

Railroad right-of-way.

(8)

Tree farm.

(c)

Conditional use.

(1)

Accessory dwelling unit in accordance with chapter 111, division 2..

(2)

Airport and landing strip.

(3)

Bed and breakfast.

(4)

Billboard in accordance with chapter 111, division 19 and as allowed by state law.

(5)

Cemetery.

(6)

Crematory.

(7)

Farmers market.

(8)

Garbage disposal plant.

(9)

Golf course, clubhouse, and other uses customarily accessory thereto.

(10)

Gun clubs, skeet shoots, or target ranges.

(11)

Irrigation wells and associated buildings and equipment, customarily incidental to the principal use of the property with additional approval granted by the water superintendent.

(12)

Junkyards, providing that no burning of waste material shall be permitted, and the entire yard shall be screened with a closed fence or wall not less than eight feet in height.

(13)

Kennel.

(14)

Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials.

(15)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(16)

Riding stables and tracks.

(17)

Recreational vehicle camping facilities.

(18)

Sanitary landfill.

(19)

Solar energy collector facility (commercial).

(20)

Sugar beet loading and unloading facility.

(21)

Towers, telecommunications facilities, and antennas as permitted in chapter 111, division 5.

(22)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(23)

Veterinary clinic.

(d)

Accessory use.

(1)

Barn.

(2)

Detached private garages and carports.

(3)

Fences as permitted in chapter 111, division 7.

(4)

Greenhouse

(5)

Home occupation in conformance with chapter 111, division 11.

(6)

Off-street parking and loading serving a principal use in conformance with chapter 111, division 13.

(7)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(8)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(9)

Pavilion.

(10)

Shed.

(11)

Signs as permitted in chapter 111, division 19.

(12)

Silo.

(13)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(14)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a principal use limited to 60 feet in height.

(15)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(16)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(17)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(18)

Wind-driven electric generators incidental to the principal use of the property with prior approval of the city engineer and city electric superintendent.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

Fifty feet or the building line of the dwelling/principal building, whichever is greater.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Feeding restrictions. Feedlots and confinement facilities are prohibited in the city zoning jurisdiction at any density greater than one animal unit per acre of land.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2935, § 1, 3-15-2022; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-R, Rural Residential District is intended to provide a transition from farming and ranching to low density residential development. This district is intended to accommodate larger residential tracts and accompanying agricultural uses that do not conflict with the low density residential developments.

(b)

Permitted uses.

(1)

Animals not exceeding a density of more than 1.0 animal unit per acre.

(2)

Church.

(3)

Colleges and universities.

(4)

Crop production.

(5)

Fire station.

(6)

Library.

(7)

Manufactured home in accordance with chapter 111, division 9.

(8)

Municipal buildings.

(9)

Museum.

(10)

One-family dwelling meeting the requirements of section 111-162.

(11)

Police station.

(12)

Primary and secondary schools.

(13)

Public parks and recreation facilities.

(14)

Railroad right-of-way.

(c)

Conditional use.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling unit in accordance with chapter 111, division 2.

(3)

Animals where the density of animal units exceeds the allowable standard described in this section or where any other animal unit condition not described in section 109-41 is proposed.

(4)

Barber shop; single chair, appointment only.

(5)

Bed and breakfast.

(6)

Cemetery.

(7)

Day care center.

(8)

Dormitory.

(9)

Funeral home.

(10)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(11)

Group home. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(12)

Hair salon; single chair, appointment only.

(13)

Irrigation wells and associated buildings and equipment, customarily incidental to the principal use of the property with additional approval granted by the water superintendent.

(14)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(15)

Preschool.

(16)

School stadium.

(17)

Towers, telecommunications facilities, and antennas as permitted in chapter 111, division 5.

(18)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Barn.

(2)

Detached structures as permitted in chapter 111, division 15.

(3)

Fences as permitted in chapter 111, division 7.

(4)

Home occupation in conformance with chapter 111, division 11.

(5)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(6)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(7)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(8)

Pavilion.

(9)

Shed.

(10)

Signs as permitted in chapter 111, division 19.

(11)

Silo.

(12)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(13)

Stable, private.

(14)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(15)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(16)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(17)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(18)

Wind-driven electric generators incidental to the principal use of the property with prior approval of the city engineer and city electric superintendent.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

Fifty feet or the building line of the dwelling/principal building, whichever is greater.

c.

Accessory building side street setbacks shall be contingent on the following:

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-1, Low Density Residential District is intended to provide a zone consisting primarily of one-family dwellings but may have recreational, religious, and educational facilities to create a balanced neighborhood. This zoning district is intended to accommodate recent and new subdivisions of the city with larger lot sizes and greater setbacks.

(b)

Permitted uses.

(1)

Church.

(2)

Colleges and universities.

(3)

Fire station.

(4)

Library.

(5)

Manufactured home in accordance with chapter 111, division 9.

(6)

Municipal buildings.

(7)

Museum.

(8)

One-family dwelling meeting the requirements of section 111-162.

(9)

Police station.

(10)

Primary and secondary schools.

(11)

Public parks and recreation facilities.

(12)

Railroad right-of-way.

(c)

Conditional uses.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling unit in accordance with chapter 111, division 2.

(3)

Barber shop; single chair, appointment only.

(4)

Bed and breakfast.

(5)

Day care center.

(6)

Dormitory.

(7)

Funeral home.

(8)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(9)

Group home. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(10)

Hair salon; single chair, appointment only.

(11)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(12)

Preschool.

(13)

School stadium.

(14)

Two-family dwelling meeting the requirements of section 111-162.

(15)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Detached structures as permitted in chapter 111, division 15.

(2)

Fences as permitted in chapter 111, division 7.

(3)

Home occupation as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Signs as permitted in chapter 111, division 19.

(9)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(10)

Storage and service areas serving a principal use on the same lot, provided that any unenclosed areas do not exceed 200 square feet in area.

(11)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(12)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

The minimum lot size may be reduced to 3,500 ft ² in situations where each half of a two family dwelling sits on its own lot.

c.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

d.

The required front building line shall be 25 feet from the front lot line except where covenants or plats dictate a greater setback, or as otherwise provided for in Code.

e.

Two-family dwellings constructed over a common lot line intended for individual ownership of each respective unit do not require a side setback along said lot line.

f.

Twenty-five feet or the building line of the dwelling/principal building, whichever is greater.

g.

Accessory building side street setbacks shall be contingent on the following:

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-1a, Low Density Residential District is intended to provide a zone consisting primarily of one-family dwellings but may have recreational, religious, and educational facilities to create a balanced neighborhood. This zoning district is intended to accommodate older neighborhoods in the core of the community typically developed with smaller lot sizes and shorter setbacks.

(b)

Permitted uses.

(1)

Church.

(2)

Colleges and universities.

(3)

Fire station.

(4)

Library.

(5)

Manufactured home in accordance with chapter 111, division 9.

(6)

Municipal buildings.

(7)

Museum.

(8)

One-family dwelling meeting the requirements of section 111-162.

(9)

Police station.

(10)

Primary and secondary schools.

(11)

Public parks and recreation facilities.

(12)

Railroad right-of-way.

(c)

Conditional uses.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling unit in accordance with chapter 111, division 2.

(3)

Barber shop; single chair, appointment only.

(4)

Bed and breakfast.

(5)

Day care center.

(6)

Dormitory.

(7)

Funeral home.

(8)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(9)

Group home. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(10)

Hair salon; single chair, appointment only.

(11)

Multiple family dwelling meeting the design requirements of section 111-162 located on corner lots.

(12)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(13)

Preschool.

(14)

School stadium.

(15)

Two-family dwelling meeting the requirements of section 111-162.

(16)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Detached structures as permitted in chapter 111, division 15.

(2)

Fences as permitted in chapter 111, division 7.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Signs as permitted in chapter 111, division 19.

(9)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(10)

Storage and service areas serving a principal use on the same lot, provided that any unenclosed areas do not exceed 200 square feet in area.

(11)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(12)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

The minimum lot size may be reduced to 3,500 ft ² in situations where each half of a two family dwelling sits on its own lot.

c.

Front setbacks and building lines in Belmont Addition and Duncan's North Side Residence Tracts, as well as any replats thereof, shall be 20 feet; unless the principal structures on the same side of the same street were developed with a 25 feet setback, the setback shall be 25 feet.

d.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

e.

The required front building line shall be 25 feet from the front lot line except where covenants or plats dictate a greater setback, or as otherwise provided for in Code.

f.

Two-family dwellings constructed over a common lot line intended for individual ownership of each respective unit do not require a side setback along said lot line.

g.

Twenty-five feet or the building line of the dwelling/principal building, whichever is greater or as otherwise provided for in code.

h.

Accessory building side street setbacks shall be contingent on the following.

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-2, Medium Density Residential District is intended to provide a zone consisting primarily of one-family dwellings and two-family dwellings, but may have recreational, religious, and educational facilities to create a balanced neighborhood.

(b)

Permitted uses.

(1)

Church.

(2)

Colleges and universities.

(3)

Fire station.

(4)

Library.

(5)

Manufactured homes in accordance with chapter 111, division 9.

(6)

Municipal buildings.

(7)

Museum.

(8)

One-family dwelling meeting the requirements of section 111-162.

(9)

Police station.

(10)

Primary and secondary schools.

(11)

Public parks and recreation facilities.

(12)

Railroad right-of-way.

(13)

Two-family dwelling meeting the requirements of section 111-162.

(c)

Conditional uses.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling units in accordance with Chapter 111, division 2.

(3)

Barber shop; single chair, appointment only.

(4)

Bed and breakfast.

(5)

Day care center.

(6)

Dormitory.

(7)

Funeral home.

(8)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(9)

Group homes. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(10)

Hair salon; single chair, appointment only.

(11)

Multifamily dwelling meeting the requirements of section 111-162.

(12)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(13)

Preschool.

(14)

School stadium.

(15)

Townhouses.

(16)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Detached structures as permitted in chapter 111, division 15.

(2)

Fences as permitted in chapter 111, division 7.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Signs as permitted in chapter 111, division 19.

(9)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(10)

Storage and service areas serving a principal use on the same lot, provided that any unenclosed areas do not exceed 200 square feet in area.

(11)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(12)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

The minimum lot size may be reduced to 3,500 ft ² in situations where each half of a two-family dwelling sits on its own lot.

c.

The minimum lot size shall be 7,000 ft ² or a minimum of 2,000 ft ² per dwelling unit, whichever is greater.

d.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

e.

The required front building line shall be 25 feet from the front lot line except where covenants or plats dictate a greater setback or as otherwise provided for in Code.

f.

Two-family dwellings and townhouses constructed over a common lot line intended for individual ownership of each respective unit do not require a side setback along the shared lot line.

g.

Twenty-five feet or the building line of the dwelling/principal building, whichever is greater.

h.

Accessory building side street setbacks shall be contingent on the following:

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-3, High Density Residential District is intended to provide a zone consisting primarily of medium and high density housing, but may have recreational, religious, and educational facilities to create a balanced neighborhood. This zoning district should be located on corner lots and in locations where it will provide a transition from low density housing to higher intensity land uses.

(b)

Permitted uses.

(1)

Church.

(2)

Colleges and universities.

(3)

Dormitory.

(4)

Fire station.

(5)

Library.

(6)

Manufactured home in accordance with chapter 111, division 9.

(7)

Multiple family dwelling meeting the design requirements of section 111-162.

(8)

Municipal buildings.

(9)

Museum.

(10)

Nursing home.

(11)

One-family dwelling meeting the design requirements of section 111-162.

(12)

Police station.

(13)

Primary and secondary schools.

(14)

Public parks and recreation facilities.

(15)

Railroad right-of-way.

(16)

Townhouse.

(17)

Two-family dwelling meeting the design requirements of section 111-162.

(c)

Conditional uses.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling units in accordance with chapter 111, division 2.

(3)

Barber shop; single chair, appointment only.

(4)

Bed and breakfast.

(5)

Boardinghouse.

(6)

Cluster housing.

(7)

Condominium.

(8)

Day care center.

(9)

Fraternity or sorority house.

(10)

Funeral home.

(11)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(12)

Group home. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(13)

Hair salon; single chair, appointment only.

(14)

Mental health substance use treatment center.

(15)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(16)

Preschool.

(17)

School stadium.

(18)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Detached structures as permitted in chapter 111, division 15.

(2)

Fences as permitted in chapter 111, division 7.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Signs as permitted in chapter 111, division 19.

(9)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(10)

Storage and service areas serving a principal use on the same lot, provided that any unenclosed areas do not exceed 200 square feet in area.

(11)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(12)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

The minimum lot size may be reduced to 3,500 ft ² in situations where each half of a two family dwelling sits on its own lot.

c.

The minimum lot size shall be 7,000 ft ² or a minimum of 2,000 ft ² per dwelling unit, whichever is greater.

d.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

e.

The required front building line shall be 25 feet from the front lot line except where covenants or plats dictate a greater setback or as otherwise provided for in Code.

f.

Two-family dwellings and townhouses constructed over a common lot line intended for individual ownership of each respective unit do not require a side setback along the shared lot line.

g.

Twenty-five feet or the building line of the dwelling/principal building, whichever is greater.

h.

Accessory building side street setbacks shall be contingent on the following:

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The R-4, Atypical Housing Residential District is intended to provide a zone for the location of manufactured homes, tiny homes, and ISO container homes in the same manner as one-family dwelling residential subdivisions, and manufactured home parks meeting minimum qualifications. It may also have recreational, religious, and educational facilities to create a balanced neighborhood.

(b)

Permitted uses.

(1)

Church.

(2)

Colleges and universities.

(3)

Fire station.

(4)

ISO container home in a planned zoning district.

(5)

Library.

(6)

Manufactured home on individually owned lots in a planned zoning district.

(7)

Municipal buildings.

(8)

Museum.

(9)

One-family dwelling meeting the requirements of section 111-162.

(10)

Police station.

(11)

Primary and secondary schools.

(12)

Public parks and recreation facilities.

(13)

Railroad right-of-way.

(14)

Tiny home in a planned zoning district.

(c)

Conditional uses.

(1)

Abandoned church or school used in accordance with chapter 111, division 1.

(2)

Accessory dwelling unit in accordance with chapter 111, division 2.

(3)

Barber shop; single chair, appointment only.

(4)

Bed and breakfast.

(5)

Day care center.

(6)

Dormitory.

(7)

Funeral home.

(8)

Golf course, clubhouse, and other uses customarily accessory thereto, except miniature golf, driving ranges, and other similar activities operated as a business.

(9)

Group home. The home may not be within 1,200 feet of another group home or a facility of any size which serves other populations in a similar manner, including but not limited to mental health substance use treatment centers.

(10)

Hair salon; single chair, appointment only.

(11)

Irrigation wells and associated buildings and equipment, customarily incidental to the principal use of the property with additional approval granted by the water superintendent.

(12)

Manufactured Home Park.

(13)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(14)

Preschool.

(15)

School stadium.

(16)

Two-family dwelling.

(17)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Buildings, facilities, and uses customarily incidental to the operation of a manufactured home park.

(2)

Detached structures as permitted in chapter 111, division 15.

(3)

Fences as permitted in chapter 111, division 7.

(4)

Home occupations as permitted in chapter 111, division 11.

(5)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(6)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(7)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(8)

Pavilion.

(9)

Signs as permitted in chapter 111, division 19.

(10)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(11)

Storage and service areas serving a principal use on the same lot, provided that any unenclosed areas do not exceed 200 square feet in area.

(12)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a one-family dwelling limited to 60 feet in height.

(13)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(14)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(15)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

The minimum lot size may be reduced to 3,500 ft ² in situations where each half of a two family dwelling sits on its own lot.

c.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

d.

The required front building line shall be 20 feet from the front lot line except where covenants or plats dictate a greater setback, or as otherwise provided for in Code.

e.

Two-family dwellings constructed over a common lot line intended for individual ownership of each respective unit do not require a side setback along said lot line.

f.

Twenty feet or the building line of the dwelling/principal building, whichever is greater.

g.

Accessory building side street setbacks shall be contingent on the following:

1.

If located more than 75 feet from the front lot line, the setback shall be five feet.

2.

If any portion of the building is located less than 75 feet from the front lot line the setback shall be 15 feet.

3.

If the entrance to any private garage or carport is from the side street side, the setback shall be 15 feet regardless of the distance from the front lot line.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Atypical homes on individually owned lots.

(1)

Foundation required. All manufactured homes, tiny homes, ISO container homes, and sectionalized unit homes, shall be placed upon basements or permanent perimeter foundations complying with the city's building code.

(2)

Utilities. All lots in this district shall have independently metered connections to city utilities.

(3)

Minimum dwelling size.

(4)

Zoning district size. Minimum of contiguous 217,800 square feet (five acres).

(g)

Manufactured home park requirements.

(1)

All Conditional Use Permit applications for manufactured home parks, shall be accompanied by plans showing the location of proposed property lines, lot dimensions, road system layout, home sites, utility lines, and other such improvements incidental to the manufactured home park.

(2)

Drainage. All areas of the manufactured home park shall be graded and maintained in such a manner that runoff will not accumulate except in designated retention or detention areas.

(3)

Minimum dwelling size.

(4)

Minimum lot size. The minimum area of a manufactured home site in a manufactured home park shall be 4,000 square feet.

(5)

Minimum park size. 217,800 square feet (five acres) with a minimum of ten sites.

(6)

Parking: All manufactured home sites shall be required to provide a minimum of one off street parking space for one through three bedroom homes, and two off street parking spaces for four or more bedroom homes.

(7)

Separation and setbacks including accessory structures (excluding the hitch tongue).

* Manufactured home parks in existence as of April 15, 2019, with homes encroaching upon the required exterior lot line setbacks shall be allowed to continue to encroach into said setback; however, any expansion or alteration of the manufactured home park shall comply with the required exterior lot line setbacks. Alterations shall include the reconstruction or moving of park utilities, reorganizing of manufactured home sites, and other similar activities.

(8)

Sidewalks. Sidewalks shall be required along all public streets and constructed in accordance with city code.

(9)

Skirting. The entire undercarriage and wheel assembly shall be screened from the view by means of a nonflammable skirting material that shall extend from the manufactured home pad to the floor level.

(10)

Tie downs. Manufactured homes may be placed upon basements or permanent foundations, or, at a minimum, shall meet tie-down, anchorage, pier, and footing requirements of the manufactured home manufacturer.

(11)

Transportation.

a.

The design of private streets serving manufactured home parks shall conform to all minimum street paving and width standards, and shall have proper curb and gutter design.

b.

Entrances to a manufactured home park shall have direct connections to an improved public street and shall be designed to allow free movement of traffic on any adjacent public street.

c.

Private streets shall be maintained by the owner and kept in usable condition at all times.

(12)

Utilities. Park utilities shall be approved by the department or company that supplies the utility service. Maintenance of the utilities shall be the responsibility of the park owner or park operator. Work on park utilities shall be performed by a licensed contractor and in accordance with city codes.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The C-O, Commercial Office District is intended to provide a zone for the conduct of low impact commercial, office, and health service uses. The low impact developments within this zone are viewed as an ideal transition between residential zoning and heavier commercial or industrial zoning.

(b)

Permitted uses.

(1)

Business offices.

(2)

Church.

(3)

Colleges and universities.

(4)

Day care center.

(5)

Fire station.

(6)

Health care practitioner facility.

(7)

Health clinic.

(8)

Library.

(9)

Mental health substance use treatment center

(10)

Municipal buildings.

(11)

Museum.

(12)

Police station.

(13)

Preschool.

(14)

Primary and secondary schools.

(15)

Public parks and recreation facilities.

(16)

Railroad right-of-way.

(c)

Conditional uses.

(1)

Barbershop.

(2)

Clubs and fraternal organizations.

(3)

Dwellings above and below the ground floor.

(4)

Funeral home.

(5)

Hair salon.

(6)

Hospital.

(7)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(8)

Pharmacy.

(9)

School stadium.

(10)

Towers, telecommunications facilities, and antennas in accordance with chapter 111, division 5.

(11)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Private garage.

(9)

Signs as permitted in chapter 111, division 19.

(10)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(11)

Storage and service areas and buildings serving a principal use on the same lot. No equipment, material, or vehicle shall be stored outside a building in this district.

(12)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(13)

Temporary buildings and uses incidental to construction work which shall be removed upon completion or abandonment of the work.

(14)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(15)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

c.

There shall be a side yard on each interior side of a building not less than ten percent of the width of the lot; except that such side yard shall not be less than five feet and need not be more than ten feet.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, §§ 1, 2, 3(Exh. A), 7-18-2023)

Editor's note— Ord. No. 2960, § 1, adopted July 18, 2023, repealed § 108-48, which pertained to R-5, Mobile Home Residential District and derived from Ord. No. 2880, § 5(Exh. A), 3-5-2019. Sections 2, 3(Exh. A) of same ordinance renumbered and amended § 109-49 as § 108-48 to read as herein set out.

(a)

Scope and intent. The C-1, Neighborhood Commercial District is intended to provide a zone for the conduct of low impact commercial uses that are solely intended to support the convenience of residents and activity carried on within a residential neighborhood. Developments of this type are ideally placed along, or at the intersection, of arterial streets located primarily in residential neighborhoods, or placed as a transition between residential zoning and heavier commercial or industrial zoning.

(b)

Permitted uses.

(1)

Barbershop.

(2)

Business offices.

(3)

Church.

(4)

Colleges and universities.

(5)

Convenience food stores.

(6)

Day care center.

(7)

Fire station.

(8)

Funeral home.

(9)

Hair salon.

(10)

Healthcare practitioner facility.

(11)

Library.

(12)

Municipal buildings.

(13)

Museum

(14)

Pharmacy.

(15)

Police station.

(16)

Preschool.

(17)

Primary and secondary schools.

(18)

Public parks and recreation facilities.

(19)

Railroad right-of-way.

(c)

Conditional uses.

(1)

Clubs and fraternal organizations.

(2)

Commercial storage units.

(3)

Dwellings above and below the ground floor.

(4)

Group home.

(5)

Health clinic.

(6)

Hospital.

(7)

Mental health substance use treatment center.

(8)

Parking lots serving nonresidential land uses located within 300 feet of the lot housing the principal use.

(9)

Radio studio.

(10)

School stadium.

(11)

Towers, telecommunications facilities, and antennas in accordance with chapter 111 division 5.

(12)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Private garage.

(9)

Signs as permitted in chapter 111, division 19.

(10)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(11)

Storage and service areas and buildings serving a principal use on the same lot. No equipment, material, or vehicle shall be stored outside a building in this district except as otherwise provided for below.

(12)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

If both structures are built in accordance with adopted fire codes this distance may be reduced to five feet.

b.

In situations where the rear property line is adjacent to an alley, one half of the platted width of the alley may be used in calculating the rear setback, provided no setback shall be less than 15 feet from the rear property line.

c.

There shall be a side yard on each interior side of a building not less than ten percent of the width of the lot; except that such side yard shall not be less than five feet and need not be more than ten feet.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Supplemental requirements. The following standards shall not be exceeded by any use in this district:

(1)

No merchandise or equipment shall be stored or displayed outside a building except as follows:

a.

Christmas trees and shrubs for sale may be displayed outside a building.

b.

Gasoline and other motor vehicle fuels may be dispensed at retail to consumers outside a convenience food store.

(2)

No noise, smoke, radiation, vibration, concussion, heat, or glare shall be produced that is perceptible outside a building and no dust, fly ash, or gas that is toxic, caustic, or obviously injurious to humans or property shall be produced.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The C-2, Central Business District is intended to provide a zone that accommodates low impact retail and service businesses in those areas of the community that were traditionally developed with no building setback requirements.

(b)

Permitted uses.

(1)

Art gallery.

(2)

Bakery.

(3)

Banks and credit unions.

(4)

Bars and saloons.

(5)

Barber shop.

(6)

Building supply stores with indoor display and storage only.

(7)

Business offices.

(8)

Café.

(9)

Church.

(10)

Clubs and fraternal organizations.

(11)

Colleges and universities.

(12)

Confectionary store.

(13)

Convenience food stores.

(14)

Day care center.

(15)

Dry cleaners and laundries.

(16)

Dwellings above and below the ground floor.

(17)

Fire station.

(18)

Funeral home.

(19)

Hair salon.

(20)

Health care practitioner facility.

(21)

Health clinic.

(22)

Hotels, motels, and other lodging facilities.

(23)

Library.

(24)

Meat market.

(25)

Municipal buildings.

(26)

Museum

(27)

Nail salon.

(28)

Parking lots.

(29)

Pharmacy.

(30)

Police station.

(31)

Preschool.

(32)

Primary and secondary schools.

(33)

Printers and newspapers.

(34)

Public parks and recreation facilities.

(35)

Pubs.

(36)

Repair shops; indoor only and not including repair facilities which could be considered noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(37)

Restaurants.

(38)

Retail sales establishments.

(39)

Spa.

(40)

Theaters (indoor).

(41)

Wholesale establishments.

(c)

Conditional uses.

(1)

Automobile dealer lots.

(2)

Commercial recreation establishments.

(3)

Commercial storage units.

(4)

Community garage.

(5)

Craft production facilities.

(6)

Filling station.

(7)

Hospital.

(8)

Light manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(9)

One family dwelling on the ground floor provided it shall be located in the rear of the building and occupy no more than 4% of the ground floor area.

(10)

Repair garage.

(11)

Towers, telecommunications facilities, and antennas as permitted in chapter 111 division 5.

(12)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Private garage.

(9)

Signs as permitted in chapter 111, division 19.

(10)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(11)

Storage and service areas and buildings serving a principal use on the same lot.

(12)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

No rear yard is required if adjacent to an alley or railroad right-of-way, otherwise ten feet.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2901, § 3, 4-7-2020; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The C-3, Heavy Commercial District is intended to provide a zone that accommodates more intense commercial businesses that require direct access to highways and primary transportation thoroughfares due to the volume of traffic they generate.

(b)

Permitted uses.

(1)

Art gallery.

(2)

Auction house.

(3)

Automobile washing facilities.

(4)

Bakery.

(5)

Banks and credit unions.

(6)

Bars and saloons.

(7)

Barber shop.

(8)

Boat dealership.

(9)

Building supply stores provided any outside storage is located in the rear or side yard.

(10)

Business offices.

(11)

Café.

(12)

Church.

(13)

Clubs and fraternal organizations.

(14)

Colleges and universities.

(15)

Commercial recreation establishments.

(16)

Commercial storage units.

(17)

Community garage.

(18)

Confectionary store.

(19)

Contractor offices provided any outside storage is located in the rear or side yard and screened from view.

(20)

Convenience food stores.

(21)

Craft production facility.

(22)

Day care center.

(23)

Dry cleaners and laundries.

(24)

Dwellings above and below the ground floor.

(25)

Filling station.

(26)

Fire station.

(27)

Funeral home.

(28)

Hair salon.

(29)

Health care practitioner facility.

(30)

Health clinic.

(31)

Hotels, motels, and other lodging facilities.

(32)

Kennel.

(33)

Library.

(34)

Meat market.

(35)

Mental health substance use treatment center.

(36)

Municipal buildings.

(37)

Nail salon.

(38)

Parcel services.

(39)

Parking lots.

(40)

Pharmacy.

(41)

Police station.

(42)

Preschool.

(43)

Primary and secondary schools.

(44)

Printers and newspapers.

(45)

Public parks and recreation facilities.

(46)

Pubs.

(47)

Railroad right-of-way.

(48)

Repair garage.

(49)

Repair shops; indoor only and not including repair facilities which could be considered noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(50)

Restaurants.

(51)

Retail sales establishments.

(52)

Spa.

(53)

Theaters (indoor).

(54)

Used vehicle lot.

(55)

Vehicle dealership.

(56)

Veterinary clinic.

(57)

Wholesale establishments.

(c)

Conditional uses.

(1)

Amusement parks.

(2)

Animal shelter.

(3)

Apartment hotel.

(4)

Brewery.

(5)

Butcher shop.

(6)

Cemeteries including mausoleums and crematories.

(7)

Commercial stadiums.

(8)

Distillery.

(9)

Drive-in theater.

(10)

Golf course.

(11)

Gun clubs, skeet shoots, and target ranges.

(12)

Hospital.

(13)

Light manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(14)

One family dwelling on the ground floor provided it shall be located in the rear of the building and occupy no more than 30% of the ground floor area.

(15)

Recreational vehicle camping facilities.

(16)

Riding stable.

(17)

Towers, telecommunications facilities, and antennas as permitted in chapter 111 division 5.

(18)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(19)

Vehicle storage yards but not junk or salvage yards.

(20)

Warehousing and distribution.

(21)

Winery.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(7)

Pavilion.

(8)

Private garage.

(9)

Signs as permitted in chapter 111, division 19.

(10)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(11)

Storage and service areas and buildings serving a principal use on the same lot.

(12)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(13)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(14)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

No rear yard is required if the rear is adjacent to an alley or railroad right of way, otherwise a rear yard of not less than seven feet shall be required.

b.

No side yard is required except where a side line of a lot in this district abuts upon the side line of a lot in districts Ag to C-1 inclusive, a side yard of not less than seven feet shall be provided.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2901, § 4, 4-7-2020; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. The M-1, Light Industrial District is intended to accommodate most assembly, fabricating, and processing activities which would generally not be considered noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor or smoke, and other land uses deemed generally to be more intense than those found in commercial districts.

(b)

Permitted uses.

(1)

Auction house.

(2)

Bakery.

(3)

Building supply store.

(4)

Brewery.

(5)

Commercial storage units.

(6)

Community garage.

(7)

Craft production facilities.

(8)

Distillery.

(9)

Filling station.

(10)

Fire station.

(11)

Freight terminals.

(12)

Manufacturing, processing, fabrication, or assembling of commodities.

(13)

Municipal buildings.

(14)

Office.

(15)

Parcel services.

(16)

Parking lots.

(17)

Police station.

(18)

Printers and newspapers.

(19)

Railroad right-of-way.

(20)

Repair garage.

(21)

Repair shops; indoor only and not including repair facilities which could be considered noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(22)

Vehicle washing facility.

(23)

Warehousing and storage of commodities.

(24)

Wholesale establishment.

(25)

Winery.

(c)

Conditional uses.

(1)

Animal shelter.

(2)

Butcher shop.

(3)

Kennel.

(4)

Solar energy collector facilities (commercial).

(5)

Towers, telecommunications facilities, and antennas as permitted in chapter 111 division 5.

(6)

Vehicle storage yard but not junkyards.

(7)

Veterinary clinic.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

One-family dwelling or mobile home which shall be used exclusively by watchmen or custodians, provided that yard and other requirements of this section shall be met for the dwelling or mobile home as though it were on an individual R-1 zoned lot.

(7)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(8)

Pavilion.

(9)

Private garage.

(10)

Signs as permitted in chapter 111, division 19.

(11)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(12)

Storage and service areas and buildings serving a principal use on the same lot.

(13)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(14)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(15)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

A side yard of no less than five feet shall be provided except where a side line of a lot in this district abuts upon the side line of a lot in districts Ag to C-1 inclusive, a side yard of not less than 20 feet shall be provided.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Additional performance standards.

(1)

Location. All operations shall be conducted within a fully enclosed building or screened yard.

(2)

Emissions. Smoke or particulate matter shall not be perceptible at the property line. Dust, fly ash, radiation, gases, heat, glare or other effects which are obviously injurious to humans or property at the property line shall be prohibited.

(3)

Noise level. The noise level shall not exceed 70 dB at any point along the property line.

(4)

Storage. All storage of materials, products, and equipment shall be within a fully enclosed building or in a yard so screened that said materials, products, or equipment are not visible at human eye level within 300 feet of the property line.

(5)

Prohibited use. No use shall be permitted or so operated as to produce or emit:

a.

Vibration or concussion. Vibration or concussion perceptible without instruments at the property line.

b.

Waste. Industrial wastes shall be of such quantity and nature as not to overburden the public sewage disposal facilities, are not detrimental to normal plant operations or corrosive and damaging to sewer pipes and installations or to cause odor or unsanitary effects beyond the property line.

c.

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with any additional regulations that may from time to time be adopted by the city council.

d.

Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious.

e.

Gas emissions. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the property line.

f.

Glare and heat. All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2901, § 5, 4-7-2020; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. This section applies to district M-2. The M-2, Heavy Industrial District is intended to accommodate assembly, fabricating, and processing activities which could generate vibration, noise, dust, fumes, gas, odor, or smoke. However, no activities that by nature of their operation would be detrimental to the general health, safety and welfare of the general public will be permitted.

(b)

Permitted uses.

(1)

Animal shelter.

(2)

Auction house.

(3)

Bakery.

(4)

Building supply store.

(5)

Brewery.

(6)

Cold storage facility.

(7)

Commercial storage units.

(8)

Community garage.

(9)

Craft production facilities.

(10)

Distillery.

(11)

Dry cleaners and laundries.

(12)

Filling station.

(13)

Fire station.

(14)

Freight terminals.

(15)

Grain elevators.

(16)

Kennel.

(17)

Machine shop.

(18)

Manufacturing, processing, fabrication, or assembling of commodities.

(19)

Municipal buildings.

(20)

Offices.

(21)

Parcel services.

(22)

Parking lots.

(23)

Police station.

(24)

Printers and newspapers.

(25)

Railroad right-of-way.

(26)

Repair garage.

(27)

Repair shops; indoor only and not including repair facilities which could be considered noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(28)

Vehicle washing facility.

(29)

Vehicle storage yard.

(30)

Veterinary clinic.

(31)

Warehousing and storage of commodities.

(32)

Wholesale establishment.

(33)

Winery.

(c)

Conditional uses.

(1)

Adult bookstore.

(2)

Adult theater.

(3)

Butcher shop.

(4)

Garbage disposal plant.

(5)

Gun clubs, skeet shoots, or target ranges.

(6)

Junkyards, providing that no burning of waste material shall be permitted, and the entire yard shall be screened with a closed fence or wall not less than eight feet in height.

(7)

Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel, or similar materials.

(8)

Packing plant.

(9)

Rendering.

(10)

Sanitary landfill.

(11)

Slaughterhouses and associated stockyards.

(12)

Solar energy collector facilities (commercial).

(13)

Towers, telecommunications facilities, and antennas as permitted in chapter 111 division 5.

(14)

Utilities. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the council, after report of the city planning commission, deems reasonably necessary for public convenience or welfare.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

One-family dwelling or mobile home which shall be used exclusively by watchmen or custodians, provided that yard and other requirements of this section shall be met for the dwelling or mobile home as though it were on an individual R-1 zoned lot.

(7)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(8)

Pavilion.

(9)

Private garage.

(10)

Signs as permitted in chapter 111, division 19.

(11)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(12)

Storage and service areas and buildings serving a principal use on the same lot.

(13)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(14)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(15)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

There shall be a 15-foot setback; however, a setback of no less than 50 feet shall be required along all federal and state highways, and county roads.

b.

No rear yard is required if the rear of the property is adjacent to an alley or rail right-of-way, otherwise there shall be a 15-foot setback.

c.

No side yard is required provided all fire code minimum separation requirements are met. Where fire separation requirements are not met or if a side line of a lot in this district abuts upon the side line of a lot in districts Ag to C-1 inclusive, a side yard of not less than 20 feet shall be provided.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Additional performance standards.

(1)

Emissions. Smoke, dust, particulate matter, odor, heat, or other effects shall not be produced which will be obviously harmful or injurious to humans or property beyond the property line and shall meet minimum state department of environmental control air quality standards.

(2)

Noise level. The noise level shall not exceed 80 dB at any point along the property line.

(3)

Storage. All storage of material, products, and equipment shall be within a fully enclosed building or in a yard so screened that said materials, products, or equipment are not visible at human eye level within 300 feet of the property line.

(4)

Prohibited use. No use shall be permitted or so operated as to produce or emit:

a.

Vibration or concussion. Vibration or concussion perceptible without instruments at the property line.

b.

Waste. Industrial wastes shall be of such quantity and nature as not to overburden the public sewage disposal facilities, are not detrimental to normal plant operations or corrosive and damaging to sewer pipes and installations or to cause odor or unsanitary effects beyond the property line.

c.

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with any additional regulations that may from time to time be adopted by the city council.

d.

Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious.

e.

Gas emissions. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the property line.

f.

Glare and heat. All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2901, § 6, 4-7-2020; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. This section applies to district M-3. The M-3, Railroad Industrial District is intended to accommodate activities and businesses associated with the operation of the railroad industry.

(b)

Permitted uses.

(1)

Freight terminal.

(2)

Grain elevators.

(3)

Municipal buildings.

(4)

Offices.

(5)

Rail yards.

(6)

Railroad repair facilities.

(7)

Railroad right-of-way.

(8)

Rail car loading and unloading facilities.

(9)

Storage of railroad building materials and supplies such as ties, rail, etc.

(10)

Warehousing and storage of commodities.

(c)

Conditional uses.

(1)

Towers, telecommunications facilities, and antennas as permitted in chapter 111 division 5.

(d)

Accessory uses.

(1)

Fences as permitted in chapter 111, division 7.

(2)

Food service and vending machines for tenants only.

(3)

Home occupations as permitted in chapter 111, division 11.

(4)

Off-street parking and loading serving a principal use in accordance with chapter 111, division 13.

(5)

One trailer, camper, motor home, or boat, incidental to and on the same lot as a principal use, but only if the trailer, camper, motor home, or boat is not intended for habitation while it is on the lot, subject to the setback provisions in section 111-444.

(6)

One-family dwelling or mobile home which shall be used exclusively by watchmen or custodians, provided that yard and other requirements of this section shall be met for the dwelling or mobile home as though it were on an individual R-1 zoned lot.

(7)

Open area devoted to decorative paving, swimming pools, tennis courts, and other similar uses, located on the same lot as the principal use.

(8)

Pavilion.

(9)

Private garage.

(10)

Signs as permitted in chapter 111, division 19.

(11)

Solar energy collector incidental to the principal or accessory use of the property in accordance with chapter 111, division 21.

(12)

Storage and service areas and buildings serving a principal use on the same lot.

(13)

Television, radio receiving and transmitting equipment, and satellite earth station antennas accessory to a dwelling limited to 60 feet in height.

(14)

Temporary conduct of a real estate sales office which is necessary and incidental to, and located on the site of, a subdivision being developed into five or more lots.

(15)

Temporary construction, grading, and demolition activities which are necessary and incidental to the development of facilities on the same lot, or on another of several lots being developed at the same time.

(e)

Performance standards.

(1)

General requirements.

(2)

Setback and size regulations.

a.

There shall be a 15-foot setback; however, a setback of no less than 50 feet shall be required along all federal and state highways, and county roads.

b.

No rear yard is required if the rear of the property is adjacent to an alley or rail right-of-way, otherwise there shall be a 15-foot setback.

c.

No side yard is required provided all fire code minimum separation requirements are met. Where fire separation requirements are not met or if a side line of a lot in this district abuts upon the side line of a lot in districts Ag to C-1 inclusive, a side yard of not less than 20 feet shall be provided.

(3)

See chapter 111, article II for additional height and setback regulations and exceptions.

(f)

Additional performance standards.

(1)

Emissions. Smoke, dust, particulate matter, odor, heat, or other effects shall not be produced which will be obviously harmful or injurious to humans or property beyond the property line and shall meet minimum state department of environmental quality air quality standards.

(2)

Noise level. The noise level shall not exceed 80 dB at any point along the property line.

(3)

Storage. All storage of material, products, and equipment shall be within a fully enclosed building or in a yard so screened that said materials, products, or equipment are not visible at human eye level within 300 feet of the property line.

(4)

Prohibited use. No use shall be permitted or so operated as to produce or emit:

a.

Vibration or concussion. Vibration or concussion perceptible without instruments at the property line.

b.

Waste. Industrial wastes shall be of such quantity and nature as not to overburden the public sewage disposal facilities, are not detrimental to normal plant operations or corrosive and damaging to sewer pipes and installations or to cause odor or unsanitary effects beyond the property line.

c.

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with any additional regulations that may from time to time be adopted by the city council.

d.

Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious.

e.

Gas emissions. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the property line.

f.

Glare and heat. All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, §§ 2, 3(Exh. A), 7-18-2023)

(a)

Scope and intent. This section applies to district F. The F, Floodplain Overlay District is intended to provide guidance on development of property within the floodplain as designated by the Federal Emergency Management Agency.

(b)

Floodplain guidelines. All development activities including the installation of utilities, construction, or grading, within the F Floodplain Overlay District shall be done in accordance with the city floodplain ordinance found in chapter 113 of this Code, as well as any applicable state and federal laws.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 2, 7-18-2023)

(a)

Generally. Each of the residential, commercial, or industrial districts (R-R to M-3 inclusive) set forth in this zoning ordinance shall have a separate and distinct counterpart, known, and herein referred to as a planned residential, planned commercial, or planned industrial district. A planned district shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district, and shall further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, land uses, drives, variations in yards and common open spaces subsequent to the approval of the plan by the planning commission and city council. The intent is to allow development of tracts of land to their fullest extent, and at the same time observe the general intent and spirit of these regulations. Densities would be calculated over the entire development rather than on a lot-by-lot basis.

(b)

Planned residential districts.

(1)

Planned residential districts may be permitted as follows:

(2)

In general the height and bulk of buildings, the amount of open space, light and air, the concentration of population, the parking and loading requirements shall be equal to those in the equivalent district. The uses permitted shall be the same as in the equivalent district.

(3)

Variations and departures from normal practice may, however, be permitted. Each building need not face on a public street, and more than one principal building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted, except setbacks from public streets, provided such buildings are architecturally suitable for such a relationship to adjoining buildings and property. Any building or portion thereof may be owned in condominium under applicable state laws governing the same.

(4)

Bonus density and relaxed public improvement standards up to an increase of ten percent of total permitted lots can be awarded in return for better design and certain provisions such as:

a.

Dedicated park land.

b.

Reservation of a school site.

c.

On-site detention cells.

d.

Low-moderate income housing.

e.

Solar applications.

f.

High project amenities.

(5)

Density bonus calculated on a net density or density area the total road and alley acreage has been subtracted from the gross lot area.

(c)

Planned commercial and industrial districts.

(1)

Planned commercial and industrial districts may be permitted as follows:

(2)

In general, the height and bulk of buildings, the amount of open space, the parking and loading requirements shall be equal to those in the equivalent district, except that off-street parking and set back requirements in district PCBD shall be the same as in C-2. The uses permitted and the performance standards shall be the same as the equivalent district. This district may be used to provide for and encourage the grouping of business or residential buildings into centers in keeping with modern concepts of office center, service center, shopping center, or industrial park design. The further intent and purpose shall be to reduce the need for strips of commercial development along thoroughfares, and to encourage centers and clusters offering the equivalent in goods and services.

(d)

Procedure. A tract of land may be rezoned to a district RP-R through MP-3 inclusive, only upon application by the owner or his agent, and only after the approval of both preliminary and final development plans for the tract; however the rezone application may be processed at the same time as the final development plan.

(1)

The planning commission shall hold a public hearing on the preliminary development plan as prepared in subsection (e) of this section. If the preliminary development plan is found to be consistent with the city comprehensive plan and is acceptable to the planning commission, in form and supporting data, the plan shall be approved.

(2)

After the planning commission's approval of the preliminary development plan, the final development plan, construction drawings, and a rezone application shall be submitted to the planning commission and either approved or disapproved as to compliance with the preliminary development plan. The final development plan and rezoning application shall be processed in the same manner as is typical for rezoning applications.

(e)

Development plan requirements. The applicants of a planned development shall prepare and submit to the planning commission, preliminary, and final development plans that contains the following elements, except for the PCBD zone which shall have its own set of special requirements.

(1)

The property lines of the tract to be developed and the adjacent tracts for a distance of not less than 300 feet.

(2)

The proposed location and arrangement of buildings, structures, parking areas, existing and proposed streets, drives, and other public ways, drainage patterns, screening, landscaping, and other features of the proposed development.

(3)

The existing topography of the tract.

(4)

Sufficient approximate dimensions to indicate the relationship between buildings, streets, drives, and property lines.

(Ord. No. 2880, § 5(Exh. A), 3-5-2019; Ord. No. 2960, § 2, 7-18-2023)

State Law reference— Planned unit developments, R.R.S. 1943, § 18-3001.