(a)

Overlay districts are zoning districts which are applied only in conjunction with other zoning districts, and permit those uses allowed in the base zoning district. The effect is to have both the overlay district and the base zoning controlling the use and development of a lot. Overlay districts are applicable only as to the uses permitted in that overlay zoned district to support specific public policy objectives and should be consistent with the master plan. The purpose of the overlay district is to achieve over a period of time the permitted uses in that zoned district to meet the goals of the master plan. The overlay zoned district represents a new future use that the city wishes to facilitate. The base zoned district allows retention of the underlying zoning classification that reflects the existing use. The desired redevelopment use is reflected only in the overlay. Either the base zone or the overlay zone may be used, but once the property owner opts to go to the overlay zone the property shall remain in the overlay zone classification. In effect this eliminates the need for a rezoning request because the overlay zone reflects the master plan and the ability to change the use is as of right. Once the property owner notifies the city in writing of their right use of the permitted use allowed in the overlay zone, that property is then subject to the zone requirements in that overlay zone and is not allowed to use the property for the base use zone.

(b)

An overlay district may be initiated as an amendment by the city council, planning commission or property owner.

(Ord. No. 401, § 1500, 5-2-2005)

All uses permitted in the RA-1 are permitted in the base zone. All uses permitted in the Office (OS-1) zoned district are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone, the property owner must notify the city that they are opting to go to the overlay zone.

(1)

RA-1 Base District Zone. The RA-1 One-Family Low Density Residential Base District Zone is designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low-density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

(2)

Principal uses permitted. In an RA-1 One-Family Low Density Residential Base District Zone, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this article:

a.

One-family detached dwellings.

b.

Farms on those parcels of land separately owned outside the boundaries of either a proprietary or assessor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city, provided that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto for use and consumption by persons residing on the premises.

c.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

d.

Publicly owned and operated libraries, parks, parkways and recreational facilities.

e.

Cemeteries which have been lawfully established land at the time of adoption of the ordinance from which this chapter is derived.

f.

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

g.

Home occupations, provided that:

1.

A home occupation shall occupy no more than 25 percent of the residence.

2.

A home occupation may not occupy an accessory structure.

3.

A home occupation shall not generate more than ten additional vehicle trips per day.

4.

The home occupation does not change the appearance of the home from that of a single-family residence.

h.

Family child care home, provided that the operation is licensed by the state.

i.

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

1.

There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

2.

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

3.

No swimming pool shall be located less than 35 feet from any front lot line.

4.

No swimming pool shall be located in an easement.

5.

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a solid wall or fence or chainlink fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not easily opened by children. Gates shall be so constructed that they may be securely locked when the pool is not in use for extended periods. For pools constructed partially or wholly above the ground, a fence shall not be required provided that the wall of the pool is at least four feet in height and provided that no ladder, deck or other structure provides access to the pool while it is unattended.

j.

Adult foster care family homes and small group homes.

k.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(3)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

a.

Churches and other facilities normally incidental thereto subject to the conditions of section 44-711(4).

b.

Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with section 44-510.

c.

Utility and public service buildings and uses (without storage yards).

d.

Nursery schools, group day care homes and child care centers (not including dormitories) subject to the conditions of section 44-711(17).

e.

Private noncommercial recreational areas, institutional or community recreation centers; nonprofit swimming pool, clubs, subject to the conditions of section 44-711(22).

f.

Golf courses whether operated for profit or not, subject to the conditions of section 44-711(12).

g.

Planned unit developments, subject to the conditions of section 44-711(20).

h.

Bed and breakfasts, subject to the provisions of section 44-711(2).

i.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

j.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(4)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Ord. No. 401, § 1501, 5-2-2005)

In an OS-1 Office Service District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

a.

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

1.

Mortuary establishments subject to the conditions of section 44-711(15).

2.

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

3.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

b.

Required conditions.

1.

No interior display shall be visible from the exterior of the building.

2.

The outdoor storage of goods or material is prohibited.

3.

Warehousing or indoor storage of goods or material, beyond that normally incidental to the above-permitted uses, is prohibited.

c.

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1502, 5-2-2005)

All uses permitted in RA-1 Base District are permitted in the base zone. All uses permitted in the Business (B-1 Community Business)/Office (OS-1) are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone the property owner must notify the city of that they are opting to go to the overlay zone.

(1)

RA-1 One-Family Low Density Residential District (Base District).

a.

Intent. The RA-1, One-Family Low Density Residential Base District Zone is designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

b.

Principal uses permitted. In an RA-1 One-Family Low Density Residential District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

1.

One-family detached dwellings.

2.

Farms on those parcels of land separately owned outside the boundaries of either a proprietary or assessor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city, provided that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto for use and consumption by persons residing on the premises.

3.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

4.

Publicly owned and operated libraries, parks, parkways and recreational facilities.

5.

Cemeteries which have been lawfully established land at the time of adoption of this chapter.

6.

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

7.

Home occupations, provided that:

(i)

A home occupation shall occupy no more than 25 percent of the residence.

(ii)

A home occupation may not occupy an accessory structure.

(iii)

A home occupation shall not generate more than ten additional vehicle trips per day.

(iv)

The home occupation does not change the appearance of the home from that of a single-family residence.

8.

Family child care home, provided that the operation is licensed by the state.

9.

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

(i)

There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

(ii)

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

(iii)

No swimming pool shall be located less than 35 feet from any front lot line.

(iv)

No swimming pool shall be located in an easement.

(v)

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a solid wall or fence or chainlink fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not easily opened by children. Gates shall be so constructed that they may be securely locked when the pool is not in use for extended periods. For pools constructed partially or wholly above the ground, a fence shall not be required provided that the wall of the pool is at least four feet in height and provided that no ladder, deck or other structure provides access to the pool while it is unattended.

10.

Adult foster care family homes and small group homes.

11.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

c.

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

1.

Churches and other facilities normally incidental thereto subject to the conditions of section 44-711(4).

2.

Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with section 44-510.

3.

Utility and public service buildings and uses (without storage yards).

4.

Nursery schools, group day care homes and child care centers (not including dormitories) subject to the conditions of section 44-711(17).

5.

Private noncommercial recreational areas, institutional or community recreation centers; nonprofit swimming pool clubs, subject to the conditions of section 44-711(22).

6.

Golf courses, whether operated for profit or not, subject to the conditions of section 44-711(12).

7.

Planned unit developments, subject to the conditions of section 44-711(20).

8.

Bed and breakfasts, subject to the provisions of section 44-711(2).

9.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

10.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(2)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Ord. No. 401, § 1503, 5-2-2005)

(a)

Intent. The B-1 Community Business Overlay Districts, as herein established, are designed to meet the day-to-day convenience and comparison shopping and service needs of persons residing in adjacent residential areas.

(b)

Principal uses permitted. In a B-1 Community Business Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Generally recognized retail businesses which supply commodities on the premises, such as, but not limited to, groceries, meats, dairy products, baked goods or other food, drugs, dry goods, clothing and notions or hardware.

(2)

Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, photographic studios, and self-service laundries and drycleaners.

(3)

Dry cleaning establishments, or pickup stations, dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited.

(4)

Business establishments which perform services on the premises, such as, but not limited to, banks, loan companies, insurance offices and real estate offices.

(5)

Professional services including the following: offices of doctors, dentists, osteopaths, and similar or allied professions.

(6)

Business schools and colleges or private schools operated for profit.

(7)

Private clubs, fraternal organizations and lodge halls.

(8)

Restaurants or other places serving food or beverages, except those having the character of a drive-in.

(9)

Hotels.

(10)

Theaters, assembly halls, concert halls or similar places of public assembly when conducted within enclosed buildings.

(11)

Mortuaries or funeral homes, subject to the conditions of section 44-711(15).

(12)

Post office and similar governmental office buildings, serving persons living in the adjacent residential area.

(13)

Off-street parking lots.

(14)

Other uses similar to the above uses.

(15)

Accessory structures and uses customarily incidental to the above-permitted uses, as determined by the city council.

(c)

Required conditions.

(1)

All business establishments shall be retail or service establishments dealing directly with customers.

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building.

(d)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Gasoline service stations for the sale of gasoline, oil and minor accessories only where no work, except incidental service, is rendered, subject to the conditions of section 44-711(10). Such incidental service does not include steam cleaning, undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstering, auto glass work, or other operations of the sort.

(2)

Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations; gas regulator stations with service yards, but without storage yards; water and sewage pumping stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(4)

Dance studio, dance academy, and/or dance school. A building or a portion of a building where dancing is permitted only by students (four or more at a time) and instructors engaged in dancing instruction. A dance studio is not an educational institution. A dance studio is not a dancing establishment wherein dancing is allowed and participated in on a recurring basis by one or more persons whether or not they are compensated for their dancing. Subject to sections 44-709 and 44-710.

(5)

Gym. A building or a portion of a building designed for the major purpose of physical exercise, fitness or weight reducing which includes, but is not limited to, exercise equipment such as weight resistance machines, stationary bicycles, and/or space for the purpose of physical exercise. Whirlpools, saunas, and/or massages must be ancillary, not the primary source of business. Private instructional rooms are not allowed. Subject to sections 44-709 and 44-710.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1504, 5-2-2005; Ord. No. 402, 6-6-2005)

(a)

Intent. The OS-1 Office Service Overlay Districts are designed to accommodate uses such as offices, banks, and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(b)

Principal uses permitted. In an OS-1 Office Service Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

(c)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Mortuary establishments subject to the conditions of section 44-711(15).

(2)

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(d)

Required conditions.

(1)

No interior display shall be visible from the exterior of the building.

(2)

The outdoor storage of goods or material is prohibited.

(3)

Warehousing or indoor storage of goods or material, beyond that normally incidental to the above-permitted uses, is prohibited.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1505, 5-2-2005)

All uses permitted in RA-2 are permitted in the base zone. All uses permitted in the Office (OS-1) are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone the property owner must notify the city they are opting to go to the overlay zone.

(1)

RA-2 One-Family Medium Density Residential District (Base).

a.

Intent. The RA-2 One-Family Medium Density Residential Base District is designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly medium density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

b.

Principal uses permitted. In an RA-2 One-Family Low Density Residential Base District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

1.

One-family detached dwellings.

2.

Farms on those parcels of land separately owned outside the boundaries of either a proprietary or assessor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city, provided that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto for use and consumption by persons residing on the premises.

3.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

4.

Publicly owned and operated libraries, parks, parkways and recreational facilities.

5.

Cemeteries which have been lawfully established land at the time of adoption of the ordinance from which this chapter is derived.

6.

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

7.

Home occupations, provided that:

(i)

A home occupation shall occupy no more than 25 percent of the residence.

(ii)

A home occupation may not occupy an accessory structure.

(iii)

A home occupation shall not generate more than ten additional vehicle trips per day.

(iv)

The home occupation does not change the appearance of the home from that of a single-family residence.

8.

Family child care homes, provided that the operation is licensed by the state.

9.

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

(i)

There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

(ii)

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

(iii)

No swimming pool shall be located less than 35 feet from any front lot line.

(iv)

No swimming pool shall be located in an easement.

(v)

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a solid wall or fence or chainlink fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not easily opened by children. Gates shall be so constructed that they may be securely locked when the pool is not in use for extended periods. For pools constructed partially or wholly above the ground, a fence shall not be required provided that the wall of the pool is at least four feet in height and provided that no ladder, deck or other structure provides access to the pool while it is unattended.

10.

Adult foster care family homes and small group homes.

11.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

c.

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

1.

Churches and other facilities normally incidental thereto subject to the conditions of section 44-711(4).

2.

Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with section 44-510.

3.

Utility and public service buildings and uses (without storage yards).

4.

Nursery schools, group day care homes and child care centers (not including dormitories) subject to the conditions of section 44-711(17).

5.

Private noncommercial recreational areas, institutional or community recreation centers; nonprofit swimming pool clubs, subject to the conditions of section 44-711(22).

6.

Golf courses whether operated for profit or not, subject to the conditions of section 44-711(12).

7.

Planned unit developments, subject to the conditions of section 44-711(20).

8.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

9.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(2)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Ord. No. 401, § 1506, 5-2-2005)

(a)

Intent. The OS-1 Office Service Overlay Districts are designed to accommodate uses such as offices, banks, and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(b)

Principal uses permitted. In an OS-1 Office Service Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

(c)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Mortuary establishments subject to the conditions of section 44-711(15).

(2)

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(d)

Required condition.

(1)

No interior display shall be visible from the exterior of the building.

(2)

The outdoor storage of goods or material is prohibited.

(3)

Warehousing or indoor storage of goods or material, beyond that normally incident al the above-permitted uses, is prohibited.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1507, 5-2-2005)

All uses permitted in RA-2 are permitted in the base zone. All uses permitted in the Business (B-1 Community Business)/Office (OS-1 Office Service District) are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone, the property owner must notify the city they are opting to go to the overlay zone.

(1)

RA-2 One-Family Medium Density Residential Base District.

a.

Intent. The RA-2 One-Family Medium Density Residential Base District is designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly medium density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

b.

Principal uses permitted. In an RA-2 One-Family Low Density Residential Base District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

1.

One-family detached dwellings.

2.

Farms on those parcels of land separately owned outside the boundaries of either a proprietary or assessor's plat, having an area of not less than five acres, all subject to the health and sanitation provisions of the city, provided, that no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto for use and consumption by persons residing on the premises.

3.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

4.

Publicly owned and operated libraries, parks, parkways and recreational facilities.

5.

Cemeteries which have been lawfully established land at the time of adoption of the ordinance from which this chapter is derived.

6.

Public, parochial and other private elementary schools offering courses in general education, and not operated for profit.

7.

Home occupations, provided that:

(i)

A home occupation shall occupy no more than 25 percent of the residence.

(ii)

A home occupation may not occupy an accessory structure.

(iii)

A home occupation shall not generate more than ten additional vehicle trips per day.

(iv)

The home occupation does not change the appearance of the home from that of a single-family residence.

8.

Family child care homes, provided that the operation is licensed by the state.

9.

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

(i)

There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

(ii)

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

(iii)

No swimming pool shall be located less than 35 feet from any front lot line.

(iv)

No swimming pool shall be located in an easement.

(v)

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a solid wall or fence or chainlink fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not easily opened by children. Gates shall be so constructed that they may be securely locked when the pool is not in use for extended periods. For pools constructed partially or wholly above the ground, a fence shall not be required provided that the wall of the pool is at least four feet in height and provided that no ladder, deck or other structure provides access to the pool while it is unattended.

10.

Adult foster care family homes and small group homes.

11.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

c.

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

1.

Churches and other facilities normally incidental thereto subject to the conditions of section 44-711(4).

2.

Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with section 44-510.

3.

Utility and public service buildings and uses (without storage yards).

4.

Nursery schools, group day care homes and child care centers (not including dormitories) subject to the conditions of section 44-711(17).

5.

Private noncommercial recreational areas, institutional or community recreation centers; nonprofit swimming pool clubs, subject to the conditions of section 44-711(22).

6.

Golf courses, whether operated for profit or not, subject to the conditions of section 44-711(12).

7.

Planned unit developments, subject to the conditions of section 44-711(20).

8.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

9.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(2)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Ord. No. 401, § 1508, 5-2-2005)

(a)

Intent. The B-1 Community Business Overlay Districts, as herein established, are designed to meet the day-to-day convenience and comparison shopping and service needs of persons residing in adjacent residential areas.

(b)

Principal uses permitted. In a B-1 Community Business Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Generally recognized retail businesses which supply commodities on the premises, such as, but not limited to, groceries, meats, dairy products, baked goods or other food, drugs, dry goods, clothing and notions or hardware.

(2)

Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, photographic studios, and self-service laundries and drycleaners.

(3)

Dry cleaning establishments, or pickup stations, dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited.

(4)

Business establishments which perform services on the premises, such as, but not limited to, banks, loan companies, insurance offices and real estate offices.

(5)

Professional services including the following: offices of doctors, dentists, osteopaths, and similar or allied professions.

(6)

Business schools and colleges or private schools operated for profit.

(7)

Private clubs, fraternal organizations and lodge halls.

(8)

Restaurants or other places serving food or beverages, except those having the character of a drive-in.

(9)

Hotels.

(10)

Theaters, assembly halls, concert halls or similar places of public assembly when conducted within enclosed buildings.

(11)

Mortuaries or funeral homes, subject to the conditions of section 44-711(15).

(12)

Post office and similar governmental office buildings, serving persons living in the adjacent residential area.

(13)

Off-street parking lots.

(14)

Other uses similar to the above uses.

(15)

Accessory structures and uses customarily incidental to the above-permitted uses, as determined by the city council.

(c)

Required conditions.

(1)

All business establishments shall be retail or service establishments dealing directly with customers.

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building.

(d)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Gasoline service stations for the sale of gasoline, oil and minor accessories only where no work, except incidental service, is rendered, subject to the conditions of section 44-711(10). Such incidental service does not include steam cleaning, undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstering, auto glass work, or other operations of the sort.

(2)

Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations; gas regulator stations with service yards, but without storage yards; water and sewage pumping stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1509, 5-2-2005)

(a)

Intent. The OS-1 Office Service Overlay Districts are designed to accommodate uses such as offices, banks, and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(b)

Principal uses permitted. In an OS-1 Office Service Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

(c)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Mortuary establishments subject to the conditions of section 44-711(15).

(2)

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(d)

Required conditions.

(1)

No interior display shall be visible from the exterior of the building.

(2)

The outdoor storage of goods or material is prohibited.

(3)

Warehousing or indoor storage of goods or material beyond that normally incidental to the above-permitted uses is prohibited.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1510, 5-2-2005)

All uses permitted in RB are permitted in the base zone. All uses permitted in the Office (OS-1 Office Service District) are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone the property owner must notify the city they are opting to go to the overlay zone.

(1)

RB Two-Family Residential Districts (Base).

a.

Intent. The RB Two-Family Residential Base Districts are designed to afford a transition of use in existing housing areas by permitting new construction or conversion of existing structures between adjacent residential and commercial, office, thoroughfares or other uses which would affect residential character. This district also recognizes the existence of older residential areas of the city where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repairs and modernization. This district also allows the construction of new two-family residences where slightly greater densities are permitted.

b.

Principal uses permitted. In an RB Two-Family Residential District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

1.

All uses permitted by right and as regulated in the One-Family Low Density Residential District. The standards of the schedule of regulations applicable to the RA-1 One-Family Residential Base District, shall apply as minimum standards when one-family detached dwellings are erected.

2.

Two-family dwellings.

3.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

4.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(2)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(3)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

a.

Planned unit developments, subject to the conditions of section 44-711(20).

b.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(Ord. No. 401, § 1511, 5-2-2005)

(a)

Intent. The OS-1 Office Service Overlay Districts are designed to accommodate uses such as offices, banks, and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(b)

Principal uses permitted. In an OS-1 Office Service Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

(c)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Mortuary establishments subject to the conditions of section 44-711(15).

(2)

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(d)

Required conditions.

(1)

No interior display shall be visible from the exterior of the building.

(2)

The outdoor storage of goods or material is prohibited.

(3)

Warehousing or indoor storage of goods or material, beyond that normally incidental to the above-permitted uses, is prohibited.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1512, 5-2-2005)

All uses permitted in RC are permitted in the base zone. All uses permitted in the Office (OS-1 Office Service District) are permitted in the overlay zone. To use the property in the permitted uses in the overlay zone the property owner must notify the city they are opting to go to the overlay zone.

(1)

RC Multiple-Family Residential Base Districts.

a.

Intent. The RC Multiple-Family Residential Base Districts are designed to provide sites for Multiple-Family dwelling structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and lower density single-family districts. The Multiple-Family Base District is further provided to serve the limited needs for the apartment type of unit in an otherwise medium density, single-family community.

b.

Principal uses permitted. In an RC Multiple-Family Residential Base District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

1.

All uses permitted and as regulated in the RB Two-Family Residential Base District.

2.

Multiple-Family dwellings.

3.

Dogs are allowed, but limited to three adult dogs per household, and one litter of puppies can be kept not longer than six months. No kennels are permitted.

4.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

c.

Required conditions.

1.

In the case of multiple dwelling developments, all site plans shall be submitted to the planning commission for its review and approval prior to issuance of a building permit. Approval shall be contingent upon a finding that:

(i)

The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking areas to promote pedestrian and vehicular traffic safety; and

(ii)

All the development features including the principal building or buildings and any accessory buildings, or uses, open spaces, and any service roads, driveways and parking areas are so located and related as to minimize the possibility of any adverse affects upon adjacent property, such as, but not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located so as to interfere with police or fire equipment access.

2.

All access to the site shall be in accordance with section 44-510.

(2)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

a.

General hospitals, subject to the conditions of section 44-711(11).

b.

Private offices for doctors or dentists, or similar professions.

c.

Housing for the elderly subject to the conditions of section 44-711(13).

d.

Convalescent homes and orphanages subject to the conditions of section 44-711(7).

e.

Communication towers affixed to existing structures, subject to the conditions of section 44-711(5).

f.

Planned unit developments, subject to the conditions of section 44-711(20).

g.

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

h.

Accessory buildings and uses customarily incidental to any of the above-permitted uses.

(3)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, maximum density permitted and providing minimum yard setback requirements.

(Ord. No. 401, § 1512, 5-2-2005)

(a)

Intent. The OS-1 Office Service Overlay Districts are designed to accommodate uses such as offices, banks, and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(b)

Principal uses permitted. In an OS-1 Office Service Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained below in section 44-235, Required conditions.

(2)

Medical and dental offices, including clinics.

(3)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

(5)

Personal service establishments including barbershops, beauty shops, and health salons.

(6)

Off-street parking lots.

(7)

Churches.

(8)

Other uses similar to the above uses.

(9)

Accessory structures and uses customarily incidental to the above-permitted uses.

(c)

Principal uses permitted subject to special conditions. The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Mortuary establishments subject to the conditions of section 44-711(15).

(2)

Publicly owned buildings, telephone exchange buildings, and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

(3)

Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the city. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious affects on property abutting or adjacent thereto and on the orderly appearance of the city. Essential services primarily for residents of the city shall be subject to the provisions of section 44-538.

(d)

Required conditions.

(1)

No interior display shall be visible from the exterior of the building.

(2)

The outdoor storage of goods or material is prohibited.

(3)

Warehousing or indoor storage of goods or material, beyond that normally incidental to the above-permitted uses, is prohibited.

(e)

Area and bulk requirements. See article XVII of this chapter, Schedule of Regulations. limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. No. 401, § 1513, 5-2-2005)