The regulations contained herein are necessary to:

(1)

Encourage the most appropriate uses of land;

(2)

Maintain and stabilize the value of property;

(3)

Reduce fire hazards and improve public safety and safeguard the public health;

(4)

Decrease traffic congestion and its accompanying hazards;

(5)

Prevent undue concentration of population; and

(6)

Create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities.

(Code 2012, § 16-3-2)

(a)

This chapter classifies and regulates the use of land, buildings, and structures within the city limits of the city as hereinafter set forth.

(b)

The regulations contained herein are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.

(Code 2012, § 16-3-3)

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt that is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard and space requirements established in the district in which such land, building, structure, or improvement is located and in accordance with the provisions of the articles contained herein relating to any or all districts.

(Code 2012, § 16-3-4)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building that is incidental to that of the dominant use of the premises. Accessory buildings must be located on the same lot or adjacent lots under the same ownership as the main building.

Accessory use means a use customarily incidental, appropriate, and subordinate to the main use of land or buildings located upon the same premises.

Advertising sign or structure means:

(1)

Any cloth, card, paper, metal, painted glass, wooden, plastic, plaster, stone or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure.

(2)

The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever.

(3)

Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of this definition.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of commercial feed lots for livestock shall be deemed an industrial and not an agricultural use.

Alley means a public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Apartment house or multiple-family dwelling means a single detached dwelling designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort type hotels.

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast.

(1)

Bed and breakfast home stay means a customary home occupation with three or less units for rent that provides a combination of overnight lodging with breakfast included in the lodging fee and which would be required to provide off-street parking for guests.

(2)

Bed and breakfast inn means a commercial establishment with four to 12 units for rent that provides a combination of overnight lodging with breakfast included in the lodging fee and which would be required to provide off-street parking for guests.

(3)

Bed and breakfast motel/hotel means any such establishment that has more than 12 units for rent to guests shall be considered to be either a motel or hotel.

Building means any structure. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck-line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building main means a building in that is conducted the principal use of the lot on which it is situated. In any residential districts any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building site means a single parcel of land occupied or intended to be occupied by a building or structure.

Child care center means any place, home or institution, which receives six or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or their religious or public institutions caring for children while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.

District means any section or sections of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Dwelling means any building, or portion thereof, that is designated for use for residential purposes.

Dwelling, group home for developmentally disabled persons, is defined as follows:

(1)

A physical facility and programs of services that meets any and all federal, state and local requirements, rules and regulations which govern group home care for developmentally disabled adults.

(2)

A live-in facility that is designed to offer a family, or home-like environment.

(3)

Staffed by at least one full-time trained adult, who provides 24-hour-a-day supervision and training for no more than 12 developmentally disabled residents.

(4)

Residents shall possess sufficient mental and physical capacity to care for their own basic human needs.

Dwelling, multiple, means a building designed for occupancy by three or more families living independently of each other, exclusive of motels, hotels or resort types hotels.

Dwelling, single-family, means a building designed to be occupied by one family.

Dwelling, two-family, means a building designed to be occupied by not more than two families.

Family means one or more persons related by blood or marriage, or a group of not to exceed five persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. Family shall be deemed to include domestic servants employed by the family.

Garage apartment means a dwelling unit for not more than one family attached to a garage.

Garage, private, means a detached accessory building or portion of a main building used for the parking or temporary storage of the automobiles of the occupants of the premises, provided that not to exceed two spaces may be rented to persons not residing on the premises, and further provided that not more than one commercial vehicle per family dwelling on the premises, and not exceeding two tons rated capacity may be parked or stored therein.

Garage, public, means a building other than a private garage used for the care, servicing, repair, equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

Help-yourself laundry means a laundry providing home type washing and drying and ironing machines, for hire, to be used by the customers on the premises.

Home occupation means any occupation carried on only by the inhabitants, that is clearly incidental and secondary to the use of the dwelling for residential purposes and conducted entirely within the main or accessory buildings, provided that no physical personal service is performed and no trading in merchandise is carried on and in connection with which there is no sign or display other than one nonilluminated name plate not more than two square feet in area attached to the building, and that no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which the occupation is conducted. The conducting of a rest home, clinic, metal, or auto repair shop shall not be deemed a home occupation.

Hotel means a building or group of buildings containing six or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including a trailer park or camp, hospital, or building where persons are housed under restraint.

Institution means a building occupied by a nonprofit corporation or nonprofit establishment for public use.

Kennel means any lot or premises on which four or more dogs, more than four months of age are kept for commercial purposes.

Lot means any plot of land occupied or intended to be occupied by one building, or group of buildings, and its accessory buildings and uses, including such open spaces as required by this article and other laws or ordinances, and having its principal frontage on a street.

Lot area means the total surface area included within lot lines.

Lot corner means a lot of which at least two adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.

Lot, double frontage, means a lot having a frontage on two non-intersection streets, as distinguished from a corner lot.

Lot frontage means that dimension of a lot or portion of a lot abutting on a street except the side dimension of a corner lot.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot as defined herein.

Medical facilities means:

(1)

Convalescent, rest, or nursing home means a health facility where persons are housed and furnished with meals and continuing nursing care for hire.

(2)

Dental clinic ormedical clinic means a facility for the examination and treatment of ill and afflicted human out-patients, provided however that patients are not kept overnight except under emergency conditions.

(3)

Dental office or doctor's office means the same as dental or medical clinic.

(4)

Hospital means an institution providing health services primarily for human in-patients, medical or surgical care for the sick or injured, and including related facilities such as laboratories, out-patient department training facilities, central service facilities, and staff offices that are an integral part of the facilities.

(5)

Public health center means a facility primarily utilized by a health unit for the provisions of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith and including the state health department.

Mobile home park, manufactured home park or recreational vehicle park means land or property that is used or intended to be used or rented for occupancy by one or more mobile homes, manufactured homes, or recreational vehicles as defined in this chapter.

Motel means an area containing one or more structures designed or intended to be used as temporary living facilities of one or more families and intended primarily for automobile travelers.

Nonconforming building, structure, or use of land.

(1)

Nonconforming building or structure means any building or structure, lawfully occupied or used at the time this article became effective or at the time of annexation into the city which does not conform in part or wholly to any or all of the use, area, height, coverage, off-street parking, or any other regulations of the district in which it is located.

(2)

Nonconforming use of land means any lawful use of land existing at the time of the effective date of this article or at the time of annexation into the city, which does not conform to the regulations of the district in which it is located.

Nonconforming storage container means all manufactured structures whose original use and purpose was other than residential or commercial storage building. These structures include but are not limited to cargo shipping containers, 20-foot equivalent units (TEUs), oil field frac tanks, large freight trucking trailers, 18 wheel trailers, liquid storage tanks and agriculture storage bins or silos.

Recreational vehicle means all vehicles and portable structures built on a chassis, designed as a temporary dwelling for travel, recreational and vacation use, including tent trailers and motor driven vehicles.

Roominghouse means a building where lodging is provided for compensation to three or more, but not exceeding 12 persons; all in excess of this number shall be defined as a hotel under the terms of this article.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarter shall be counted as a full-story.

Street means any public or private right-of-way, highway, road, land, square, court, or way set aside as a permanent right-of-way for street purposes, 30 feet or more in width if it existed at the time of the enactment of this article and any public or private way created after the enactment of this article.

Street, half, means any street platted 25 feet or more in width, where at the time of the approval of the plat it is the intent of the city council that the street dedication shall constitute only a part of the total street easement width.

Street, intersecting, means any street, which joins another street at an angle, whether or not it crosses the other.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboard and poster panels.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other that steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear, means a yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.

(Code 2012, § 16-3-6; Ord. No. 1698, 12-6-1984; Ord. No. 2001-01, 1-16-2001; Ord. No. 2005-19, 12-5-2005; Ord. No. 2008-06, 1-22-2008)

The city has adopted a comprehensive plan for the city and its planned environs. The plan is designed for the city and its planned environs to promote the orderly development of the land which an increasing and changing population requires; to eliminate congestion and to facilitate development to make provisions for traffic needs; and to protect the health, safety, and welfare of the people.

(Code 2012, § 16-10-1)

(a)

The comprehensive plan of city is the official expression of the development goals, objectives, and policies of the city.

(b)

Land use classifications given in the plan are general in nature and from time to time may be revised or amended by the planning commission in the public interest.

(c)

The zoning regulations are specific in nature and are intended to protect and enhance the beneficial relationships of land uses within the city, as well as, to guide future development and re-development in a manner that will reduce or eliminate congestion, blight, and those results of unregulated development that are deleterious to the public interest.

(d)

The subdivision regulations are specific in nature and are intended to prescribe standards and quality of improvements that are made on the land within the jurisdiction of the city.

(Code 2012, § 16-10-2)

Inasmuch as the city has formulated a comprehensive plan, zoning regulations, and subdivision regulations for the protection of the public health, safety, and welfare, as is its power and duty as set forth in the constitution and laws of the state; and inasmuch as the city must hold the well-being of the public interest in greater esteem and trust, than it holds private interests in matters concerning the expenditure of public funds:

(1)

The city will administer and enforce the regulations contained in this chapter equitably and impartially with the well being of the public interest as the foremost consideration.

(2)

When requested to amend or otherwise modify the provisions of this chapter, it shall be the policy of the city to do so only if the requested amendments or modifications can be shown to be in the general public interest of all the citizens of the city.

(Code 2012, § 16-10-3)