(a)

The official zoning map of the city shall be kept in the office of the city secretary.

(b)

It shall be the duty of the city engineer to keep the official zoning map current, and the copies of such map as provided for in subsection (c) of this section, by entering any changes on such maps which the city council may, from time to time, order by amendments to this chapter and the map.

(c)

Upon the adoption of the ordinance from which this chapter is derived, the city secretary shall affix a certificate in the office of the city secretary identifying the map as the official zoning map of the city. The city secretary shall likewise officially identify the copies to be kept by the planning and zoning commission and other city officials.

(Code 1995, § 158.17)

(a)

For the purpose of this chapter, the city is hereby divided into 16 districts as follows:

(1)

R-1 Single-family residential district.

(2)

R-1a Single-family residential district.

(3)

R-1b Patio home residential district.

(4)

R-2 Two-family residential district.

(5)

R-3 Multifamily residential district.

(6)

RR Residential rural district.

(7)

MH Manufactured home/mobile home district.

(8)

CN Neighborhood commercial district.

(9)

C-1 Local business district.

(10)

C-2 General business district.

(11)

C-2a Downtown business district.

(12)

M-1 Restricted industrial district.

(13)

M-2 Industrial district.

(14)

CU College and university district.

(15)

A-1 Agriculture district.

(16)

CO Commercial office district.

(b)

The location and boundaries of the districts established in this section are shown upon the official zoning map, which is hereby incorporated into this chapter. The zoning map, together with all notations, references, other information shown on the map, and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described in this section, and which zoning district map, properly attested, is on file in the office of the city secretary.

(Code 1995, § 158.15; Ord. No. 00-07, § I, 2-22-2000; Ord. No. 00-45, § II, 12-19-2000; Ord. No. 01-32, § II, 10-23-2001; Ord. No. 03-45, § II, 11-11-2003; Ord. No. 12-27, § II, 10-23-2012)

The following rules shall apply where uncertainty exists with respect to the boundaries of any of the districts established in section 98-222 as shown on the zoning map:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, the centerlines, street lines or highway right-of-way lines shall be construed to be the boundaries.

(2)

Where district boundaries are indicated so that they approximately follow the lot lines, the lot lines shall be construed to be the boundaries.

(3)

Where district boundaries are indicated so that they are approximately parallel to the centerlines or street lines of streets or the centerlines of right-of-way lines of highways, the district boundaries shall be construed as being parallel to and at the distance from such lines as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on the zoning map.

(4)

In unsubdivided property, the district boundary lines on the zoning map shall be determined by the use of the scale appearing on the map.

(5)

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.

(6)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of the vacation and all area included in the vacation shall then be subject to all regulations of the extended district.

(7)

In the case of a district line which encompasses a campus, the streets remain in the care and ownership of the city, unless decreed otherwise by the city council, and are not excluded from general traffic guidelines for the safety and welfare of all persons. All alley rights-of-way and utility easements shall also be kept, without exception. Ingress and egress must remain unobstructed for emergency vehicle access. The chief of police and fire marshal will approve a designated fire lane.

(Code 1995, § 158.16)

(a)

Permanent zoning required for plat and subdivision approval. The planning and zoning commission shall not approve any plat or subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(b)

Temporary zoning classification for new territory annexation; waiver of fees.

(1)

All new territory annexed to the city shall be temporarily classified as an R-1 single-family residential district only until such territory is permanently zoned by the city council, except that any ordinance annexing new territory to the city may include, as a part of such ordinance, a map or plat showing the permanent zoning classification for the area being annexed.

(2)

The city council shall waive any applicable city filing fees for permanently zoning annexed property, subject to the following:

a.

The waiver of the city filing fees shall be limited to the owner of the property at the time the property is brought into the city limits;

b.

The waiver is nonassignable; and

c.

The waiver shall be a one-time waiver of fees, applicable only to one permanent zoning application requesting that temporarily zoned property be permanently annexed.

Otherwise, all applicable fees shall be paid by the applicant for a permanent zoning request.

(c)

Permits in areas temporarily zoned. In an area temporarily classified as a R-1 single-family residential district, no permit for the construction of a building, other than types of buildings allowed in the district under this chapter, shall be issued by the zoning administrator until the permit has been specifically authorized by the city council after recommendation from the planning and zoning commission. Prior to permanent zoning, permits for the construction of buildings in a newly annexed territory may be authorized if an application for any use is made to the zoning administrator, showing the use contemplated, and a plat shall be submitted showing the size and type of buildings to be constructed, and if the application is for a building other than a building allowed in the R-1 single-family residential district, it shall be referred to the planning and zoning commission for recommendation to the city council, which shall grant or deny the permit, provided that a concurrence of four members of the city council shall be required if the recommendation of the planning and zoning commission is not followed.

(Code 1995, § 158.74(D); Ord. No. 01-32, § IV, 10-23-2001)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-1 single-family residential district.

(b)

Use regulations. A building or premises in the R-1 district shall be used only for the following purposes:

(1)

One-family dwellings.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the R-1 district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the R-1 district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.30)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-1A single-family residential district.

(b)

Use regulations. A building or premises in the R-1A district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the R-1A district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the R-1A district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.31)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-1B patio home residential district.

(b)

Use regulations. A building or premises in the R-1B district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 or R-1A single-family residential district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the R-1B district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the R-1B district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Ord. No. 00-45, § III, 12-19-2000)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-2 two-family residential district.

(b)

Use regulations. A building or premises in the R-2 district shall be used only for the following purposes:

(1)

Any use permitted in the R-1, R-1A or R-1B district.

(2)

Two-family dwellings.

(3)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the R-2 district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the R-2 district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.32; Ord. No. 00-45, § III, 12-19-2000)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-3 multifamily residential district.

(b)

Use regulations. A building or premises in the R-3 district shall be used only for the following purposes:

(1)

Any use permitted in the R-2 two-family residential district.

(2)

Multiple dwellings.

(3)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the R-3 district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the R-3 district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.33)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the RR residential rural district.

(b)

Use regulations. A building or premises shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

See the chart of permitted uses for a complete listing of uses in the district (See section 98-561).

(c)

Height and area regulations. The height and area regulations set forth in section 98-611 shall be observed.

(d)

Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in the chart of permitted uses. (See section 98-611).

(Ord. No. 12-27, § III, 10-23-2012)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the MH manufactured home/mobile home district.

(b)

Use regulations. A building or premises in the MH district shall be used only for the following purposes:

(1)

Any use permitted in the R-1, R-1A or R-1B district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the MH district.

(d)

Parking regulations. Off-street parking spaces shall be provided in the MH district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.34; Ord. No. 00-45, § III, 12-19-2000)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the CN neighborhood commercial district. The regulations of the CN district are designed to provide for office and limited business activities which may be located adjoining or abutting residential neighborhoods and will fit harmoniously into, and have no adverse effects upon, the adjacent residential areas.

(b)

Use regulations. A building or premises in the CN district shall be used only for the following purposes:

(1)

Any use permitted in the R-3 multifamily residential district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations as set forth in article V, division 4 of this chapter shall be observed in the CN district and, in addition, every building, or portion thereof, used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-3 multifamily district.

(d)

Parking regulations. Off-street parking and loading spaces shall be provided in the CN district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.35)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the C-1 local business district.

(b)

Use regulations. A building or premises in the C-1 district shall be used only for the following purposes:

(1)

Any use permitted in the R-3 multifamily residential district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(3)

Any other local business use supplying the everyday shopping needs of the immediate neighborhood, and subject to the following:

a.

It shall be conducted wholly within an enclosed building.

b.

Required yards shall not be used for display, sale or storage of merchandise, equipment, containers or waste material.

c.

Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, presence of vermin or rodents, or a similar nuisance.

(c)

Height and area regulations. The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the C-1 district and, in addition, every building, or portion thereof, used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-3 multifamily district.

(d)

Parking and loading regulations. Off-street parking and loading spaces shall be provided in the C-1 district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.36)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the C-2 general business district.

(b)

Use regulations. A building or premises in the C-2 district shall be used only for the following purposes:

(1)

Any use permitted in the C-1 local business district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(3)

Any similar uses, as determined by the board of adjustment, which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influence than the minimum amount normally resulting from other uses permitted, such as, generally, the wholesale and retail trade, service industries and light industries that manufacture, process, store and distribute goods and materials, and are, in general dependent, on raw materials.

(c)

Height and area regulations.

(1)

The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the C-2 district and, in addition, every building, or portion thereof, used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-3 multifamily district.

(2)

Lot area per family requirements shall not apply to dormitories, fraternities, sororities, clubs, hotels or apartment hotels where no cooking facilities are provided in individual rooms or apartments

(d)

Parking and loading regulations. Off-street parking and loading spaces shall be provided in the C-2 district in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.37)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the C-2A downtown business district.

(b)

Use regulations. A building or premises in the C-2A district shall be used only for the following purposes:

(1)

Any use permitted in the C-2 general business district.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Parking and loading regulations. Existing businesses, as of the effective date of amendment, or successor businesses of a like, comparable use, are exempt from off-street parking and loading space requirements set forth in the chart of permitted uses in section 98-561.

(d)

New construction. Proposals for new construction within the exemption area set forth in subsection (c) of this section, which do not meet all of the minimum off-street parking and loading requirements set forth in the chart of permitted uses in section 98-561, shall be reviewed by the planning and zoning commission.

(Ord. No. 00-07, § I, 2-22-2000)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations of the M-1 restricted industrial district.

(b)

Use regulations. A building or premises in the M-1 district shall be used only for the following purposes:

(1)

Any use permitted in the C-2 general business district, except that whenever 90 percent or more of a block or tract of land in the M-1 district is vacant or occupied by structures that are of a nonresidential use, then no new residential units may be permitted within such block or tract.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the M-1 district and, in addition, any building that may be used for dwelling purposes shall comply with the side and rear yard and lot area per family regulations of the R-3 multifamily residential district.

(d)

Parking and loading regulations. Off-street parking and loading spaces in the M-1 district shall be provided in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.38)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations of the M-2 industrial district.

(b)

Use regulations. A building or premises in the M-2 district shall be used only for the following purposes:

(1)

The purposes set forth in the chart of permitted uses in section 98-561.

(2)

Any purpose not in conflict with any ordinance of the city regulating nuisances.

(c)

Height and area regulations. The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the M-2 district.

(d)

Parking and loading regulations. Off-street parking and loading spaces in the M-2 district shall be provided in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Code 1995, § 158.39)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations of the C-U college and university district.

(b)

Use regulations. A building or premises in the C-U district shall be used only for the following purposes:

(1)

The purposes set forth in the chart of permitted uses in section 98-561.

(2)

Any purpose not in conflict with any ordinance of the city regulating nuisances.

(c)

Height and area regulations. The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the C-U district.

(d)

Parking and loading regulations. Off-street parking and loading spaces in the C-U district shall be the responsibility of the college or university.

(Code 1995, § 158.40)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations of the A-1 agriculture district.

(b)

Use regulations. A building or premises in the A-1 district shall be used only for the following purposes:

(1)

The purposes set forth in the chart of permitted uses in section 98-561.

(2)

Any purpose not in conflict with any ordinance of the city regulating nuisances.

(c)

Height and area regulations. The height and area regulations set forth in article V, division 4 of this chapter shall be observed in the A-1 district.

(d)

Parking and loading regulations. Off-street parking spaces in the A-1 district shall be provided in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Ord. No. 01-32, § III, 10-23-2001)

(a)

Scope of provisions. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the regulations in the CO commercial office district.

(b)

Use regulations. A building or premises within the CO commercial office district shall be used only for the following purposes:

(1)

Offices and professional uses.

(2)

The purposes set forth in the chart of permitted uses in section 98-561.

(c)

Height and area regulations. The height and area regulations within the CO commercial office district shall be as set forth in article V, division 4 of this chapter.

(d)

Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in the chart of permitted uses in section 98-561.

(Ord. No. 03-45, § III(158.34.01), 11-11-2003)