In order to carry out the purpose and intent of this Chapter, the following zoning districts are hereby created:

(1)

HR, Historic Residential District.

(2)

RR, Rural Residential District.

(3)

ECP, Environmental Character Preservation District.

(4)

C/BS, Commercial/Business District.

(5)

CG, Core Gaming District.

(6)

MG, Millsite Gaming.

(7)

TG, Transitional Gaming District.

(8)

HD, Hillside Development - Mixed Use District.

(9)

LM, Low Intensity - Mixed Use District.

(10)

LI, Limited Industrial District.

(11)

HARD, History Appreciation Recreation Destination District.

(12)

HAP, Historic Appreciation and Preservation District.

(13)

PF, Public Facilities District.

(14)

GOLD, Gaming Outstanding Lodging and Dining District.

(Ord. 94-11 §1; Ord. 2013-14 §1; Ord. 2013-46 §1)

The following overlay districts are applicable to each zoning district. The overlay districts are as follows:

(1)

HAO, Historic and Architectural Review Overlay District.

(2)

FPO, Floodplain Overlay District.

(3)

PUD, Planned Unit Development.

(Ord. 94-11 §1)

This Chapter shall render certain specific zoning districts obsolete. These obsolete zoning districts shall be adjusted to bring the previous terminology into conformance with this Chapter. These adjustments are as follows:

(Ord. 94-11 §1; Ord. 99-24 §1)

The individual zoning districts are described below. The elements of each zoning district description are as follows:

(1)

District characteristics. Describe the location, natural and built characteristics and attributes which shall be used to determine appropriate zoning district classifications for particular land parcels.

(2)

Purpose and objectives. Describe the desired characteristics, functions and attributes of appropriate uses for the zoning district, carrying out the intent of the City's Comprehensive Plan. Appropriate uses shall be located and designed to fulfill the desired purpose and objectives of the zoning district in which they fall.

(3)

Use regulations.

a.

Permitted principal uses are uses by right, which are permitted anywhere within the particular zoning district in which they are identified. Permitted principal uses require site development plan approval and building permit approval.

b.

Permitted accessory uses are uses which are customarily incidental to the identified permitted uses and are also permitted, provided that they meet any applicable regulations. Permitted principal uses require site development plan approval and building permit approval.

c.

A certificate of use is required to operate an off-street parking lot in those zoning districts where off-street parking is a permitted use, subject to compliance with Sections 16-262 through 16-264 of this Chapter.

d.

Special review uses are uses which may be allowed in the zoning district indicated subject to any applicable regulations if it can be demonstrated that the location and the site proposed for the use are appropriate, facilitating the use in a manner which supports the purposes of the zoning district and which is compatible with the surrounding area. Additional uses which are not listed, but which are consistent with the purpose and objectives of the zoning district and are similar in character and level of impacts as the identified permitted and special review uses for the zoning district, may also be permitted subject to special review. Special review uses require the issuance of a special review use permit by the Board of Aldermen after public hearings before the Board of Aldermen.

e.

Prohibited uses are uses which are not allowed within the particular zoning district under any circumstances or conditions.

(4)

Dimensional regulations are minimum restrictions which apply to the siting and massing of buildings and structures on the lot from which no variance will be permitted, except as provided under Article VI, Division 3, and Section 16-366 of this Chapter.

(5)

District development standards are minimum standards that development and uses within the zoning district must meet to obtain site development plan approval.

(Ord. 94-11 §1; Ord. 98-33 §3; Ord. 2002-28 §1; Ord. 2009-13 §1)

(a)

All applicable general development standards contained in Articles VII through XIV of this Chapter, including but not limited to parking, signage and landscaping, shall apply to the development of properties in all established zoning districts where applicable. Any overlay districts shall apply to the development of properties in all established zoning districts where applicable.

(b)

In case of a conflict in the regulations of different sections of this Chapter, the more restrictive regulation shall apply. For example, where regulations in an overlay district are applicable and are more restrictive than those within the zoning district, the regulations of the overlay district shall apply, except where specifically listed within the final document of an approved planned unit development.

(Ord. 94-11 §1, 1994)

(a)

Incorporation of map.

(1)

The location and boundaries of the zoning districts established by this Chapter are shown upon the Zoning District Map of the City which is incorporated into this Chapter. The Zoning District Map, together with all data shown thereon and all amendments thereto, is by reference made part of this Chapter.

(2)

The Zoning District Map shall be identified by the signature of the Mayor and attested by the City Clerk and shall bear the seal of the City and the date of adoption.

(3)

The Zoning District Map shall be located in the office of the City Clerk and shall be available for inspection at the City Hall.

(b)

Zoning district boundaries.

(1)

Except where otherwise indicated, zoning district boundaries shall follow municipal corporation limits, sections lines, lot lines, right-of-way lines or extensions thereof, and zoning district boundaries shall extend to the centerline of any adjacent highway, street, alley or right-of-way.

(2)

In property where a zoning district boundary divides a lot or parcel, the location of such boundary, unless indicated by legal description with distance and bearing or other dimensions, shall be determined by the scale of Zoning District Map.

(3)

Land not part of a public, railroad or utility right-of-way and which is not indicated as being in any zoning district shall be considered to be included in the most restricted adjacent zoning district even when such district is separated from the land in question by a public, railroad or utility right-of-way.

(c)

Boundary clarification.

(1)

In the event that a zoning district boundary is unclear or is disputed, it shall be the responsibility of the Planning Director to determine the intent and actual location of the zoning district boundary.

(2)

Any appeal of the determination of the zoning district boundary made by the Planning Director shall be heard by the Board of Appeals in accordance with the procedures outlined in Section 16-366.

(d)

Amendments to map. Changes in the boundaries of any zoning district shall be made only upon amendment to the Zoning Ordinance per Section 16-365 and shall promptly be entered on the Zoning District Map with an entry on the map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the signature of the City Clerk.

(Ord. 94-11 §1, 1994; Ord. 2024-14, §1)