- DISTRICT REGULATIONS
(a)
The city is herewith divided into the following districts:
(1)
A-1 Agricultural District.
(2)
R-1 Residential Single-Family District.
(3)
R-2 Residential Multifamily District.
(4)
R-3 Residential Duplex and Single-Family District.
(5)
R-4 Mobile Home District.
(6)
C-1 Central Business Commercial District.
(7)
C-2 Arterial Commercial District.
(8)
M-1 Light Industrial District.
(9)
M-2 Heavy Industrial District.
(b)
The districts in subsection (a) of this section are established as identified on the official zoning map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this chapter.
(Ord. No. 453, § 165.07, 9-2-2014)
(a)
Intent. Thie A-1 district is intended to provide for areas in which agriculture and related uses are encouraged as the principal use of land. However, uses which may be offensive to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic or physical appearance or other similar factors are not permitted. The A-1 district prohibits urban density residential use until these areas may be served by utilities and services of the city. This district is also intended to preserve land suited for eventual development into other uses, pending proper timing for economical and practical provisions of streets, utilities, schools and other facilities so that reasonably compact development will occur and the fiscal integrity of the city is preserved. All newly annexed areas to the city will automatically be placed into this district classification unless otherwise suitably classified.
(b)
Permitted uses. The following uses are permitted in the A-1 district:
(1)
Agriculture, including the usual agricultural buildings and structures and excluding offensive uses.
(2)
Single-family dwellings.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the A-1 district include the following:
(1)
Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
(2)
Private garages, barns and other farm buildings.
(3)
Roadside stands offering for sale only agricultural products or other products produced on the premises.
(4)
Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(5)
Satellite dishes.
(d)
Special exceptions. The following uses may be permitted in the A-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Cemeteries, crematories or mausoleums.
(3)
Commercial kennels.
(4)
Stables, private or public.
(5)
Greenhouses and nurseries.
(6)
Publicly operated sanitary landfills.
(7)
Private recreational camps, golf courses and recreational facilities.
(8)
Public or private utility substations, relay stations, etc.
(9)
Churches or accessory facilities (on- or off-site).
(10)
Publicly owned and operated buildings and facilities.
(11)
Commercial livestock facilities.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the A-1 district:
*Excluding farm buildings and uses.
(f)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(g)
Commercial kennels. A commercial kennel proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
In order to provide safety, to prevent disturbances and to avoid sanitary or health problems, kennels shall not be located within one-half mile (2,640 feet) of any residence, except for the residence located on the kennel premises.
(2)
The owner of the kennel shall be responsible for physically inspecting the dogs in the kennel every 12 hours to ensure that the dogs have sufficient water, food, shelter, restraint and medical care.
(3)
Dogs in the kennel shall not be allowed to run loose outside of the kennel's fenced enclosure.
(4)
Kennels shall be kept in a high state of cleanliness at all times.
(5)
No more than one dog shall be kept for each 72 square feet of kennel ground or floor space.
(6)
Kennel floors shall be made of concrete or hard-packed gravel or crushed rock. Kennels shall be enclosed with a fence that is at least six feet high. Kennels shall be provided with an overhead tarp or roof to protect the dogs from the sun and elements. Kennels shall be constructed to include insulated housing to protect dogs from severe weather. Kennel housing units shall be no less than 12 square feet per dog. All kennel buildings must be able to be securely locked.
(7)
All training establishments where dogs are boarded or training occurs must have an external perimeter fence at least six feet high to prevent the escape of the animals. In addition to the external security fence, a six feet high chain mesh fence must enclose the immediate training area.
(h)
Off-street parking. For off-street parking regulations, see section 165.87.
(i)
Off-street loading. For off-street loading regulations, see section 165.87.
(j)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.08, 9-2-2014)
(a)
Intent. The R-1 district is intended to provide for a variety of single-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Low and medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various single-family residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-1 district:
(1)
Single-family detached dwellings.
(2)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-1 district include the following:
(1)
Private garages and the rental of no more than four private garage units per site, each rental unit containing no more than 300 square feet.
(2)
Public and private recreational facilities.
(3)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches.
(4)
Publicly owned and operated buildings and facilities.
(5)
Public schools and private schools with a curriculum similar to public schools.
(6)
Golf courses but not miniature courses or separate driving tees.
(7)
Bed and breakfast houses.
(8)
Hospitals.
(9)
Multifamily dwellings.
(10)
Family group homes.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.09, 9-2-2014)
(a)
Intent. The R-2 district is intended to provide for a variety of multifamily residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium and high population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multifamily residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-2 district:
(1)
Single-family detached dwellings.
(2)
Multifamily dwellings, as per subsection (e) of this section.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-2 district include the following:
(1)
Private garages and the rental of no more than four private garage units per site, each rental unit containing no more than 300 square feet.
(2)
Parking lots.
(3)
Public and private recreational facilities.
(4)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-2 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Public schools and private schools with a curriculum similar to public schools.
(5)
Lodginghouses, dormitories, fraternities and sororities.
(6)
Bed and breakfast houses.
(7)
Health care facilities.
(8)
Family group homes.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(1)
Minimum lot width requirements shall not apply to multifamily dwellings on adjoining lots under the same ownership, provided all the dwellings are a minimum 16 feet in distance from each other. The minimum lot width shall be 30 feet for zero lot line structures.
(2)
Further, townhomes, condominiums, duplexes, cooperative or any other forms of zero lot line structures which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
a.
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
b.
In the case of multifamily dwelling units, the division of the lot of parcel into two parcels shall be done in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line with the common wall being on the common boundary line.
c.
Each dwelling unit shall have separate access and utility service.
d.
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective dwelling unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the dwelling units to address common issues of concern such as landscaping, exterior appearance, and type of roofing. The covenants or declarations may simply provide for the formation of a homeowners association to address such common issues.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.10, 9-2-2014)
(a)
Intent. The R-3 district is intended to provide for a variety of single-family and duplex residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multifamily residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-3 district:
(1)
Single-family detached dwellings.
(2)
Duplex-family dwellings, as per subsection (e) of this section.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-3 district include the following:
(1)
Public and private recreational facilities.
(2)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-3 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Public schools and private schools with a curriculum similar to public schools.
(5)
Lodginghouses, dormitories, fraternities and sororities.
(6)
Bed and breakfast houses.
(7)
Health care facilities.
(8)
Family group homes.
(e)
Bulk regulations.
(1)
The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(2)
Duplexes or any other forms of zero lot line structures which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
a.
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
b.
In the case of multifamily dwelling units, the division of the lot of parcel into two parcels shall be done in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line with the common wall being on the common boundary line.
c.
Each dwelling unit shall have separate access and utility service.
d.
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective dwelling unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the dwelling units to address common issues of concern such as landscaping, exterior appearance, and type of roofing. The covenants or declarations may simply provide for the formation of a homeowners' association to address such common issues.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.11, 9-2-2014)
(a)
Intent. The R-4 district is intended to provide for certain medium density residential areas in the city now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the city where similar development seems likely to occur. This district has useful application as a transition zone between shopping areas and residential areas and is normally located along thoroughfares where direct access to the site is available. All R-4 mobile home zones shall meet the requirements within chapter 146.
(b)
Permitted uses. The following uses are permitted in the R-4 district:
(1)
Mobile homes located in an approved mobile home park.
(2)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-4 district include the following:
(1)
Private garages.
(2)
Private recreational facilities.
(3)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-4 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Public or private utility substations, relay stations, etc.
(2)
Nursery schools.
(3)
Churches or accessory facilities, on- or-off site.
(e)
Bulk regulations. A mobile park permit shall be required for any mobile home park constructed under the regulations contained in chapter 146.
(f)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.12, 9-2-2014)
(a)
Intent. The C-1 district is intended to accommodate the major business and office concentration in the city. It is characterized further by a variety of stores and related activities which occupy the central commercial area of the city. This district is intended to be the single central business district of the city, and no other use of this district shall be utilized other than contiguously with the currently established C-1 district. Architectural design of the construction components of the façade of the building shall be compatible with other structures within the central business district.
(b)
Permitted uses. The following uses are permitted in the C-1 district:
(1)
Business sales and services conducted entirely within the building, including those with incidental manufacturing or processing of goods or products.
(2)
Offices/clinics.
(3)
Hotels and motels.
(4)
Publicly owned and operated buildings and facilities.
(5)
Dwellings, second floor and above.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the C-1 district include the following:
(1)
Outdoor sales and service. Repair businesses shall have limited outdoor storage privileges for items being repaired by them. Items, including motor vehicles, brought to any business for repair may be stored outside the business for up to 30 days. An additional 30 days of outdoor storage may be secured with written application to the zoning administrator. Additional extensions for outdoor storage shall only be given upon a finding of good cause by the zoning administrator following written application. Motor vehicles brought to businesses for repair may not be stored on any city street or alley for more than 24 hours. Wrecked motor vehicles brought to businesses in the C-1 district for other than repair shall be screened from the public's view by a fence of solid maintenance-free construction six feet in height, which fence shall be located within the setback requirements for the property.
(2)
Private garages.
(3)
Parking lots.
(4)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the C-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Service stations.
(2)
Warehousing.
(3)
Outdoor storage.
(4)
Churches or accessory facilities, on- or off-site.
(5)
Single-family dwellings at ground level.
(6)
Multifamily dwellings at ground level.
(7)
Communication towers, wind generation equipment, and freestanding solar generation equipment.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the C-1 district:
(f)
Zero lot line structures. In addition to any specific conditions and requirements as established by the board of adjustment, zero lot line structures within a C-1 Central Business Commercial District which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
(1)
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
(2)
Each unit shall have separate utility service.
(3)
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the units to address common issues of concern such as landscaping, exterior appearance, and type of roofing.
(g)
Off-street parking. For off-street parking regulations, see section 165.87.
(h)
Off-street loading. For off-street loading regulations, see section 165.87.
(i)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.13, 9-2-2014)
(a)
Intent. The C-2 district is intended to provide for certain areas of the city for the development of service, retail, and other nonresidential uses which because of certain locational requirements and operational characteristics are appropriately located in close proximity to arterial and other main thoroughfares. Residential-type structures are also permitted. The district is further characterized by a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and egress, and access to other adjacent thoroughfares.
(b)
Permitted uses. The following uses are permitted in the C-2 district:
(1)
Sales and display rooms and lots, including yards for the storage or display of new or used building materials but not for any scrap or salvage operation storage or sales.
(2)
Offices and clinics.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Hotels and motels.
(5)
Any other retail or service sales business, including food preparation for sale off-premises. Repair businesses shall have limited outdoor storage privileges for items being repaired by them. Items, including motor vehicles, brought to any business for repair may be stored outside the business for up to 30 days. An additional 30 days of outdoor storage may be secured with written application to the zoning administrator. Additional extensions for outdoor storage shall only be given upon a finding of good cause by the zoning administrator following written application. Motor vehicles brought to businesses for repair may not be stored on any city street or alley for more than 24 hours.
(6)
Publicly owned and operated buildings and facilities.
(7)
Dwellings, single-family and multifamily.
(8)
All other uses as allowed in the Central Business Commercial District.
(c)
Accessory uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the C-2 district include the following:
(1)
Private recreational facilities.
(2)
Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
(3)
Private garages.
(4)
Parking lots.
(5)
Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the C-2 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Public or private utility substations, relay stations, etc.
(3)
Communication towers, wind generation equipment, freestanding solar generation equipment.
(4)
Zero lot line structures.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and building in the C-2 district:
(f)
Buffering. The use of buffering shall be required between any C-2 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any C-2 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Zero lot line structures. In addition to any specific conditions and requirements as established by the board of adjustment, zero lot line structures within a C-2 district which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components provided all of the following conditions are met:
(1)
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
(2)
Each unit shall have a separate utility service.
(3)
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the units to address common issues of concern such as landscaping, exterior appearance, and type of roofing.
(h)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(i)
Off-street parking. For off-street parking regulations, see section 165.87.
(j)
Off-street loading. For off-street loading regulations, see section 165.87.
(k)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.14, 9-2-2014)
(a)
Intent. The M-1 district is intended to provide for areas of development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the development of any manufacturing or industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, physical appearance or other similar factors. Outdoor storage is allowed in this district when the material is enclosed within a fenced area and the material for the fence, to be determined and approved by the zoning administrator. All industrial operations must be in an enclosed building. No residential uses are permitted in this district.
(b)
Permitted uses. The following uses are permitted in the M-1 district:
(1)
Any nonresidential building or use which would not be hazardous, obnoxious, offensive or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, or other air pollutants.
(2)
Storage, manufacture, compounding, processing, packing and/or treatment of products, exclusive of the rendering or refining of fats and/or oils.
(3)
Manufacture, compounding, assembly and/or treatment of articles or merchandise derived from previously prepared materials.
(4)
Assembly of appliances and equipment, including manufacture of small parts.
(5)
Wholesale distribution of all standard types of prepared or packaged merchandise.
(6)
Sale and storage of building materials. Outdoor or open storage shall be allowed only when the material is enclosed within a solid fence at least six feet high and said fence is within required building lines.
(7)
Contractors' offices and storage of equipment.
(8)
Public or private utility substations, relay stations, etc.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the M-1 district include the following:
(1)
Accessory buildings and uses customarily incidental to a permitted use.
(2)
Living quarters for watchmen or custodians of industrial properties.
(d)
Special exceptions. The following uses may be permitted in the M-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Communication towers, wind generation equipment, and freestanding solar generation equipment.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the M-1 district:
(f)
Buffering. The use of buffering shall be required between any M-1 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any M-1 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(h)
Off-street parking. For off-street parking regulations, see section 165.87.
(i)
Off-street loading. For off-street loading regulations, see section 165.87.
(j)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.15, 9-2-2014)
(a)
Intent. The M-2 district is intended to provide areas for activities and uses of a heavy industrial character and is the least restrictive of any district. No residential uses are permitted.
(b)
Permitted uses.
(1)
There may be any use, excluding residential uses and mobile homes. The following uses must be given separate city council approval before a zoning/building permit is issued:
a.
Acid manufacture.
b.
Cement, lime, gypsum, or plaster of Paris manufacture.
c.
Distillation of bones.
d.
Explosive manufacture or storage.
e.
Fat rendering.
f.
Fertilizer manufacture.
g.
Gas manufacture.
h.
Garbage, offal, or dead animals, reduction or dumping.
i.
Glue manufacture.
j.
Refining of petroleum or its products.
k.
Smelting of tin, copper, zinc, or iron ores.
l.
Stockyards or slaughter of animals.
m.
Junkyards; must be surrounded by a solid fence at least six feet high located within building lines and the junk piled not higher than the fence.
(2)
Before granting such separate approval, the city council shall refer applications to the planning and zoning commission for study, investigation and report. If no report is received in 30 days, the city council may assume approval of the application.
(3)
The city council shall then after holding a public hearing consider all of the following provisions in its determination upon the particular use at the location requested:
a.
That the proposed location design, construction, and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property;
b.
That such use shall not impair an adequate supply of light and air to surrounding property;
c.
That such use shall not unduly increase congestion in the streets or public danger of fire and safety;
d.
That such use shall not diminish or impair established property values in adjoining or surrounding property; and
e.
That such use shall be in accord with the intent, purpose and spirit of this chapter and the comprehensive plan of the city.
(c)
Required conditions. The following are required conditions of the M-2 district:
(1)
The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed and subject to all state and federal regulations.
(2)
All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any R district boundary, except where adjoining a railroad right-of-way, and 50 feet from any commercial boundary.
(d)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the M-2 district include the following:
(1)
Accessory buildings and uses customarily incidental to a permitted use.
(2)
Living quarters for watchmen or custodians of industrial properties.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the M-2 district:
(f)
Buffering. The use of buffering shall be required between any M-2 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any M-2 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Off-street parking. For off-street parking regulations, see section 165.87.
(h)
Off-street loading. For off-street loading regulations, see section 165.87.
(i)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.16, 9-2-2014)
- DISTRICT REGULATIONS
(a)
The city is herewith divided into the following districts:
(1)
A-1 Agricultural District.
(2)
R-1 Residential Single-Family District.
(3)
R-2 Residential Multifamily District.
(4)
R-3 Residential Duplex and Single-Family District.
(5)
R-4 Mobile Home District.
(6)
C-1 Central Business Commercial District.
(7)
C-2 Arterial Commercial District.
(8)
M-1 Light Industrial District.
(9)
M-2 Heavy Industrial District.
(b)
The districts in subsection (a) of this section are established as identified on the official zoning map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this chapter.
(Ord. No. 453, § 165.07, 9-2-2014)
(a)
Intent. Thie A-1 district is intended to provide for areas in which agriculture and related uses are encouraged as the principal use of land. However, uses which may be offensive to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic or physical appearance or other similar factors are not permitted. The A-1 district prohibits urban density residential use until these areas may be served by utilities and services of the city. This district is also intended to preserve land suited for eventual development into other uses, pending proper timing for economical and practical provisions of streets, utilities, schools and other facilities so that reasonably compact development will occur and the fiscal integrity of the city is preserved. All newly annexed areas to the city will automatically be placed into this district classification unless otherwise suitably classified.
(b)
Permitted uses. The following uses are permitted in the A-1 district:
(1)
Agriculture, including the usual agricultural buildings and structures and excluding offensive uses.
(2)
Single-family dwellings.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the A-1 district include the following:
(1)
Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
(2)
Private garages, barns and other farm buildings.
(3)
Roadside stands offering for sale only agricultural products or other products produced on the premises.
(4)
Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(5)
Satellite dishes.
(d)
Special exceptions. The following uses may be permitted in the A-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Cemeteries, crematories or mausoleums.
(3)
Commercial kennels.
(4)
Stables, private or public.
(5)
Greenhouses and nurseries.
(6)
Publicly operated sanitary landfills.
(7)
Private recreational camps, golf courses and recreational facilities.
(8)
Public or private utility substations, relay stations, etc.
(9)
Churches or accessory facilities (on- or off-site).
(10)
Publicly owned and operated buildings and facilities.
(11)
Commercial livestock facilities.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the A-1 district:
*Excluding farm buildings and uses.
(f)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(g)
Commercial kennels. A commercial kennel proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
In order to provide safety, to prevent disturbances and to avoid sanitary or health problems, kennels shall not be located within one-half mile (2,640 feet) of any residence, except for the residence located on the kennel premises.
(2)
The owner of the kennel shall be responsible for physically inspecting the dogs in the kennel every 12 hours to ensure that the dogs have sufficient water, food, shelter, restraint and medical care.
(3)
Dogs in the kennel shall not be allowed to run loose outside of the kennel's fenced enclosure.
(4)
Kennels shall be kept in a high state of cleanliness at all times.
(5)
No more than one dog shall be kept for each 72 square feet of kennel ground or floor space.
(6)
Kennel floors shall be made of concrete or hard-packed gravel or crushed rock. Kennels shall be enclosed with a fence that is at least six feet high. Kennels shall be provided with an overhead tarp or roof to protect the dogs from the sun and elements. Kennels shall be constructed to include insulated housing to protect dogs from severe weather. Kennel housing units shall be no less than 12 square feet per dog. All kennel buildings must be able to be securely locked.
(7)
All training establishments where dogs are boarded or training occurs must have an external perimeter fence at least six feet high to prevent the escape of the animals. In addition to the external security fence, a six feet high chain mesh fence must enclose the immediate training area.
(h)
Off-street parking. For off-street parking regulations, see section 165.87.
(i)
Off-street loading. For off-street loading regulations, see section 165.87.
(j)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.08, 9-2-2014)
(a)
Intent. The R-1 district is intended to provide for a variety of single-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Low and medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various single-family residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-1 district:
(1)
Single-family detached dwellings.
(2)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-1 district include the following:
(1)
Private garages and the rental of no more than four private garage units per site, each rental unit containing no more than 300 square feet.
(2)
Public and private recreational facilities.
(3)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches.
(4)
Publicly owned and operated buildings and facilities.
(5)
Public schools and private schools with a curriculum similar to public schools.
(6)
Golf courses but not miniature courses or separate driving tees.
(7)
Bed and breakfast houses.
(8)
Hospitals.
(9)
Multifamily dwellings.
(10)
Family group homes.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.09, 9-2-2014)
(a)
Intent. The R-2 district is intended to provide for a variety of multifamily residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium and high population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multifamily residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-2 district:
(1)
Single-family detached dwellings.
(2)
Multifamily dwellings, as per subsection (e) of this section.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-2 district include the following:
(1)
Private garages and the rental of no more than four private garage units per site, each rental unit containing no more than 300 square feet.
(2)
Parking lots.
(3)
Public and private recreational facilities.
(4)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-2 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Public schools and private schools with a curriculum similar to public schools.
(5)
Lodginghouses, dormitories, fraternities and sororities.
(6)
Bed and breakfast houses.
(7)
Health care facilities.
(8)
Family group homes.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(1)
Minimum lot width requirements shall not apply to multifamily dwellings on adjoining lots under the same ownership, provided all the dwellings are a minimum 16 feet in distance from each other. The minimum lot width shall be 30 feet for zero lot line structures.
(2)
Further, townhomes, condominiums, duplexes, cooperative or any other forms of zero lot line structures which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
a.
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
b.
In the case of multifamily dwelling units, the division of the lot of parcel into two parcels shall be done in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line with the common wall being on the common boundary line.
c.
Each dwelling unit shall have separate access and utility service.
d.
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective dwelling unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the dwelling units to address common issues of concern such as landscaping, exterior appearance, and type of roofing. The covenants or declarations may simply provide for the formation of a homeowners association to address such common issues.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.10, 9-2-2014)
(a)
Intent. The R-3 district is intended to provide for a variety of single-family and duplex residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multifamily residential areas of the city.
(b)
Permitted uses. The following uses are permitted in the R-3 district:
(1)
Single-family detached dwellings.
(2)
Duplex-family dwellings, as per subsection (e) of this section.
(3)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-3 district include the following:
(1)
Public and private recreational facilities.
(2)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-3 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Nursery schools.
(2)
Public or private utility substations, relay stations, etc.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Public schools and private schools with a curriculum similar to public schools.
(5)
Lodginghouses, dormitories, fraternities and sororities.
(6)
Bed and breakfast houses.
(7)
Health care facilities.
(8)
Family group homes.
(e)
Bulk regulations.
(1)
The following requirements shall provide for light and air around permitted residential uses and buildings in the R-1, R-2, and R-3 districts:
*Corner lots: ten feet.
**Unless abutting an alley, then it may be one foot from the lot line.
(2)
Duplexes or any other forms of zero lot line structures which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
a.
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
b.
In the case of multifamily dwelling units, the division of the lot of parcel into two parcels shall be done in such a manner as to result in one single-family dwelling unit being located on either side of the common boundary line with the common wall being on the common boundary line.
c.
Each dwelling unit shall have separate access and utility service.
d.
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective dwelling unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the dwelling units to address common issues of concern such as landscaping, exterior appearance, and type of roofing. The covenants or declarations may simply provide for the formation of a homeowners' association to address such common issues.
(f)
Off-street parking. For off-street parking regulations, see section 165.87.
(g)
Off-street loading. For off-street loading regulations, see section 165.87.
(h)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.11, 9-2-2014)
(a)
Intent. The R-4 district is intended to provide for certain medium density residential areas in the city now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the city where similar development seems likely to occur. This district has useful application as a transition zone between shopping areas and residential areas and is normally located along thoroughfares where direct access to the site is available. All R-4 mobile home zones shall meet the requirements within chapter 146.
(b)
Permitted uses. The following uses are permitted in the R-4 district:
(1)
Mobile homes located in an approved mobile home park.
(2)
Home occupations in compliance with section 165.87.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the R-4 district include the following:
(1)
Private garages.
(2)
Private recreational facilities.
(3)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the R-4 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Public or private utility substations, relay stations, etc.
(2)
Nursery schools.
(3)
Churches or accessory facilities, on- or-off site.
(e)
Bulk regulations. A mobile park permit shall be required for any mobile home park constructed under the regulations contained in chapter 146.
(f)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.12, 9-2-2014)
(a)
Intent. The C-1 district is intended to accommodate the major business and office concentration in the city. It is characterized further by a variety of stores and related activities which occupy the central commercial area of the city. This district is intended to be the single central business district of the city, and no other use of this district shall be utilized other than contiguously with the currently established C-1 district. Architectural design of the construction components of the façade of the building shall be compatible with other structures within the central business district.
(b)
Permitted uses. The following uses are permitted in the C-1 district:
(1)
Business sales and services conducted entirely within the building, including those with incidental manufacturing or processing of goods or products.
(2)
Offices/clinics.
(3)
Hotels and motels.
(4)
Publicly owned and operated buildings and facilities.
(5)
Dwellings, second floor and above.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the C-1 district include the following:
(1)
Outdoor sales and service. Repair businesses shall have limited outdoor storage privileges for items being repaired by them. Items, including motor vehicles, brought to any business for repair may be stored outside the business for up to 30 days. An additional 30 days of outdoor storage may be secured with written application to the zoning administrator. Additional extensions for outdoor storage shall only be given upon a finding of good cause by the zoning administrator following written application. Motor vehicles brought to businesses for repair may not be stored on any city street or alley for more than 24 hours. Wrecked motor vehicles brought to businesses in the C-1 district for other than repair shall be screened from the public's view by a fence of solid maintenance-free construction six feet in height, which fence shall be located within the setback requirements for the property.
(2)
Private garages.
(3)
Parking lots.
(4)
Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the C-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Service stations.
(2)
Warehousing.
(3)
Outdoor storage.
(4)
Churches or accessory facilities, on- or off-site.
(5)
Single-family dwellings at ground level.
(6)
Multifamily dwellings at ground level.
(7)
Communication towers, wind generation equipment, and freestanding solar generation equipment.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the C-1 district:
(f)
Zero lot line structures. In addition to any specific conditions and requirements as established by the board of adjustment, zero lot line structures within a C-1 Central Business Commercial District which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components, provided all of the following conditions are met:
(1)
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
(2)
Each unit shall have separate utility service.
(3)
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the units to address common issues of concern such as landscaping, exterior appearance, and type of roofing.
(g)
Off-street parking. For off-street parking regulations, see section 165.87.
(h)
Off-street loading. For off-street loading regulations, see section 165.87.
(i)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.13, 9-2-2014)
(a)
Intent. The C-2 district is intended to provide for certain areas of the city for the development of service, retail, and other nonresidential uses which because of certain locational requirements and operational characteristics are appropriately located in close proximity to arterial and other main thoroughfares. Residential-type structures are also permitted. The district is further characterized by a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and egress, and access to other adjacent thoroughfares.
(b)
Permitted uses. The following uses are permitted in the C-2 district:
(1)
Sales and display rooms and lots, including yards for the storage or display of new or used building materials but not for any scrap or salvage operation storage or sales.
(2)
Offices and clinics.
(3)
Churches and publicly owned and operated buildings and facilities.
(4)
Hotels and motels.
(5)
Any other retail or service sales business, including food preparation for sale off-premises. Repair businesses shall have limited outdoor storage privileges for items being repaired by them. Items, including motor vehicles, brought to any business for repair may be stored outside the business for up to 30 days. An additional 30 days of outdoor storage may be secured with written application to the zoning administrator. Additional extensions for outdoor storage shall only be given upon a finding of good cause by the zoning administrator following written application. Motor vehicles brought to businesses for repair may not be stored on any city street or alley for more than 24 hours.
(6)
Publicly owned and operated buildings and facilities.
(7)
Dwellings, single-family and multifamily.
(8)
All other uses as allowed in the Central Business Commercial District.
(c)
Accessory uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the C-2 district include the following:
(1)
Private recreational facilities.
(2)
Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
(3)
Private garages.
(4)
Parking lots.
(5)
Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
(d)
Special exceptions. The following uses may be permitted in the C-2 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Public or private utility substations, relay stations, etc.
(3)
Communication towers, wind generation equipment, freestanding solar generation equipment.
(4)
Zero lot line structures.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and building in the C-2 district:
(f)
Buffering. The use of buffering shall be required between any C-2 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any C-2 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Zero lot line structures. In addition to any specific conditions and requirements as established by the board of adjustment, zero lot line structures within a C-2 district which utilize shared walls as part of the structure shall be exempt from the minimum side yard bulk regulations as to their attached or semi-detached components provided all of the following conditions are met:
(1)
Common walls shall be fireproof as per the Universal Building Code. No openings in common walls shall be permitted per state code.
(2)
Each unit shall have a separate utility service.
(3)
Before the issuance of a development permit, there shall be filed on record with the county recorder binding covenants or declarations detailing the respective unit owners' responsibilities and liabilities with regard to repair and maintenance of common walls and other common aspects of the structure. Those covenants or declarations shall ensure adjoining property owners reciprocal ten-foot-wide maintenance easements to provide access to maintain the common walls located upon common boundary lines. In addition, the covenants or declarations shall provide a mechanism for the owners of the units to address common issues of concern such as landscaping, exterior appearance, and type of roofing.
(h)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(i)
Off-street parking. For off-street parking regulations, see section 165.87.
(j)
Off-street loading. For off-street loading regulations, see section 165.87.
(k)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.14, 9-2-2014)
(a)
Intent. The M-1 district is intended to provide for areas of development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the development of any manufacturing or industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, physical appearance or other similar factors. Outdoor storage is allowed in this district when the material is enclosed within a fenced area and the material for the fence, to be determined and approved by the zoning administrator. All industrial operations must be in an enclosed building. No residential uses are permitted in this district.
(b)
Permitted uses. The following uses are permitted in the M-1 district:
(1)
Any nonresidential building or use which would not be hazardous, obnoxious, offensive or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, or other air pollutants.
(2)
Storage, manufacture, compounding, processing, packing and/or treatment of products, exclusive of the rendering or refining of fats and/or oils.
(3)
Manufacture, compounding, assembly and/or treatment of articles or merchandise derived from previously prepared materials.
(4)
Assembly of appliances and equipment, including manufacture of small parts.
(5)
Wholesale distribution of all standard types of prepared or packaged merchandise.
(6)
Sale and storage of building materials. Outdoor or open storage shall be allowed only when the material is enclosed within a solid fence at least six feet high and said fence is within required building lines.
(7)
Contractors' offices and storage of equipment.
(8)
Public or private utility substations, relay stations, etc.
(c)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the M-1 district include the following:
(1)
Accessory buildings and uses customarily incidental to a permitted use.
(2)
Living quarters for watchmen or custodians of industrial properties.
(d)
Special exceptions. The following uses may be permitted in the M-1 district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses:
(1)
Animal shelters.
(2)
Communication towers, wind generation equipment, and freestanding solar generation equipment.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the M-1 district:
(f)
Buffering. The use of buffering shall be required between any M-1 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any M-1 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Animal shelters. An animal shelter proposal will be reviewed by the board of adjustment and shall be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:
(1)
Animals housed at the shelter shall remain inside during the hours between 8:00 p.m. and 7:00 a.m.
(2)
Animals housed at the shelter shall not be allowed to run loose outside of the fenced enclosure.
(3)
The animal shelter shall be kept in a high state of cleanliness at all times.
(h)
Off-street parking. For off-street parking regulations, see section 165.87.
(i)
Off-street loading. For off-street loading regulations, see section 165.87.
(j)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.15, 9-2-2014)
(a)
Intent. The M-2 district is intended to provide areas for activities and uses of a heavy industrial character and is the least restrictive of any district. No residential uses are permitted.
(b)
Permitted uses.
(1)
There may be any use, excluding residential uses and mobile homes. The following uses must be given separate city council approval before a zoning/building permit is issued:
a.
Acid manufacture.
b.
Cement, lime, gypsum, or plaster of Paris manufacture.
c.
Distillation of bones.
d.
Explosive manufacture or storage.
e.
Fat rendering.
f.
Fertilizer manufacture.
g.
Gas manufacture.
h.
Garbage, offal, or dead animals, reduction or dumping.
i.
Glue manufacture.
j.
Refining of petroleum or its products.
k.
Smelting of tin, copper, zinc, or iron ores.
l.
Stockyards or slaughter of animals.
m.
Junkyards; must be surrounded by a solid fence at least six feet high located within building lines and the junk piled not higher than the fence.
(2)
Before granting such separate approval, the city council shall refer applications to the planning and zoning commission for study, investigation and report. If no report is received in 30 days, the city council may assume approval of the application.
(3)
The city council shall then after holding a public hearing consider all of the following provisions in its determination upon the particular use at the location requested:
a.
That the proposed location design, construction, and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property;
b.
That such use shall not impair an adequate supply of light and air to surrounding property;
c.
That such use shall not unduly increase congestion in the streets or public danger of fire and safety;
d.
That such use shall not diminish or impair established property values in adjoining or surrounding property; and
e.
That such use shall be in accord with the intent, purpose and spirit of this chapter and the comprehensive plan of the city.
(c)
Required conditions. The following are required conditions of the M-2 district:
(1)
The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed and subject to all state and federal regulations.
(2)
All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any R district boundary, except where adjoining a railroad right-of-way, and 50 feet from any commercial boundary.
(d)
Accessory uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the M-2 district include the following:
(1)
Accessory buildings and uses customarily incidental to a permitted use.
(2)
Living quarters for watchmen or custodians of industrial properties.
(e)
Bulk regulations. The following requirements shall provide for light and air around permitted uses and buildings in the M-2 district:
(f)
Buffering. The use of buffering shall be required between any M-2 district and abutting residential and agricultural zoning districts and land uses. Abutting districts shall include lots fronting on a street which form the boundary line between any M-2 district and residential and agricultural zoning district as well as any abutting lot line between said districts. Buffering shall take place in any required yard, including front, side or rear. The following provisions shall apply:
(1)
The buffer shall be equal to the minimum side yard required in the adjacent district, but in no instance less than eight feet. Corner lots shall be ten feet.
(2)
All buffer areas shall be landscaped or fenced to provide a complete visual screen. Buffering may include any of the following:
a.
Fencing.
b.
Landscaping consisting of native plant and tree species.
c.
Berms. Berms may be used if city native plant and tree landscaping requirements can still be met. Berms must be vegetated to minimize erosion and to slow stormwater runoff. Berms may be up to six feet measured vertically from the natural elevation of the yard.
(3)
Maintenance. All buffered areas shall be kept free of litter, debris, noxious weeds and species of plants identified by the state DNR as exotic or invasive.
(g)
Off-street parking. For off-street parking regulations, see section 165.87.
(h)
Off-street loading. For off-street loading regulations, see section 165.87.
(i)
Signs. For sign regulations, see section 165.87.
(Ord. No. 453, § 165.16, 9-2-2014)