(a)

The city is divided into zoning districts as shown on the zoning map adopted by Ordinance No. 1652, adopted on June 2, 1983, and filed with the city clerk, as later amended by ordinances changing the boundaries of the zones. The map as thus amended and all explanatory material thereon is made a part of this article. The city zoning districts are designated as follows:

(1)

A-1: Agricultural District.

(2)

R-1: Single-Family Residential District.

(3)

R-2: Two-Family Residential District.

(4)

R-3: Multi-Family Residential District.

(5)

R-4: Residential Office District.

(6)

RMO: Residential Multiple Ownership District.

(7)

M-H: Mobile Home Park District.

(8)

H-1: Health Facilities District.

(9)

C-1: Local Commercial District.

(10)

C-2: General Commercial District.

(11)

C-3: Community Shopping Center District.

(12)

I-1: Light Industrial District.

(13)

I-2: Heavy Industrial District.

(b)

Specific district regulations are set forth in this article.

(Code 2012, § 16-3-5)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

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

(2)

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

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways; such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning map.

(4)

Where the boundary of a district line follows a railroad line, such boundary shall be deemed to be located on the easement line to which it is closest, which shall completely include or exclude the railroad easement unless otherwise designated.

(Code 2012, § 16-3-7)

(a)

All new additions and annexations of land to the city shall be placed in the A-1, Agricultural Zone unless otherwise classified by the city council, for a period of time not to exceed six months from the effective date of the ordinance annexing the addition.

(b)

Within this six-month period of time, the city council shall instruct the city planning commission to study and make recommendations concerning the use of land within the annexation to promote the general welfare and in accordance with the comprehensive city plans and upon receipt of such recommendations the city council shall, after public hearings as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the city council from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Code 2012, § 16-9-5)

(a)

General description. This district is intended to provide a location for the land situated on the fringe of the urban area that is used for agricultural purposes, but will be undergoing urbanization in the future. Since most of these areas will be in close proximity to residential and commercial uses, the agricultural activities conducted in this district should not be detrimental to urban land uses. The types of uses, area and intensity of use of land that is authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

(b)

Uses permitted. Property and buildings in an A-1 Agricultural District shall be used only for the following purposes:

(1)

Single-family dwelling.

(2)

Agricultural uses (not including commercial feedlots).

(3)

Accessory agricultural buildings that are not part of the main building, including barns, sheds, and other farm buildings, private garages and accessory buildings that are a part of the main building.

(4)

Church.

(5)

Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping.

(6)

Temporary bulletin board or sign, not exceeding 20 square feet in area appertaining to the lease, hire, or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

(7)

All of the following uses:

a.

Country club.

b.

Golf course or driving range.

c.

Library.

d.

Municipal use including park or playground.

e.

Plant nursery.

f.

Public service or utility use.

(8)

All manufactured homes, previously called mobile homes, are allowed in approved and properly zoned A-1 Agricultural Districts, on tracts of land which have a minimum of ten acres.

a.

All manufactured homes, previously called mobile homes, are required to have a storm shelter or a safe room on site, not less than 24 square feet and allowing five square feet per person using the shelter.

b.

All manufactured homes, previously called mobile homes, that are located in the floodplain are required to meet the requirements of chapter 46.

(c)

Uses permitted on review. The following uses may be permitted on review in accordance with the provisions contained in article VII of this chapter:

(1)

Airport.

(2)

Convalescent, rest, or nursing home.

(3)

Any use permitted on review in the R-1 Single-Family Dwelling District.

(d)

Uses permitted as zoning special exceptions.

(1)

Lodge hall, veteran's organization, service organization.

(2)

Kennel.

(3)

Radio or television station and transmission tower.

(4)

Stable, public.

(5)

Childcare center in accordance with the provisions of this article.

(6)

Home occupation.

(7)

Bed and breakfast home stay.

(e)

Area regulations.

(1)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front-yard requirements: The minimum front-yard shall be set back 100 feet from section line roads and 25 feet on non-section line roads.

(2)

Side yard. There shall be a minimum side yard of 25 feet.

(3)

Rear yard. There shall be a minimum rear yard of 50 feet.

(4)

Lot width. There shall be a minimum lot width of 150 feet for all uses except the single-family dwelling and it may be 100 feet.

(5)

Intensity of use.

a.

For each dwelling and accessory buildings there shall be a lot area of not less than one acre.

b.

Where a lot has less than one acre and all of the boundary lines of that lot touch lands under other ownership at the effective date of the ordinance from which this article is derived, that lot may be used for any use under subsection (b) of this section, but not for raising of animals.

(6)

Coverage. Main and accessory buildings shall not cover more than 25 percent of the land area.

(f)

Height regulations. No building shall exceed 2½ stories or 35 feet in height, except as provided in article III of this chapter.

(Code 2012, § 16-3-6; Ord. No. 2012-07, 4-2-2012; Ord. No. 2023-07, § I, 1-3-2023)

(a)

General description. This is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment.

(b)

Uses permitted. Property and buildings in an R-1 Single-Family Dwelling District shall be used only for the following purposes:

(1)

Single-family dwelling.

(2)

General purpose farm or garden, but not the raising of livestock except as otherwise provided in this Code.

(3)

Accessory buildings that are not a part of the main building, including a private garage.

(c)

Uses permitted on review. The following uses may be permissible on review by the city planning commission in accordance with provisions contained in article VII of this chapter, provided that structures incidental to these uses are located ten feet from a property line:

(1)

Municipal or public recreation.

(2)

Public school or school offering general educational courses of the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(3)

Cemeteries to include funeral and interment services may be located in residential and commercial districts but may not be located in industrial districts provided:

a.

The proposed site must contain at least two acres.

b.

Any structure, permitted as part of the use, including columbariums, crematoriums, mausoleums, markers, monuments, funeral homes, and accessory buildings shall be required to meet applicable setback restrictions but in no case shall any structure be permitted closer than 20 feet to a public street right-of-way.

c.

Any interment area to be used as public burial ground must comply with the following subdivision regulations prior to conveying ownership of any plot:

1.

A final plat shall be considered by the planning commission and approved by the city council prior to being filed at the county clerk's office.

2.

The final plat shall consist of a reproducible 24-inch by 36-inch document and shall contain the following information:

(i)

Name of the cemetery, name of the owner, and certification of the engineer or land surveyor.

(ii)

Date, north arrow, and scale.

(iii)

Boundaries of the area with accurate distances and bearings.

(iv)

The names, width, or dimensions of all proposed streets. Streets shall be and shall remain private roadways and the city shall not have responsibility for their maintenance or repair. The plat shall contain a notice that all streets are privately owned and maintained and do not meet city street standards.

(v)

Numbered designation of all lots, blocks, plots, etc., with their lot lines and dimensions accurately shown.

(vi)

All certifications and acknowledgments as required by state statutes for filing of plats generally.

(vii)

Any additional data, such as drainage plans, parking plans, etc. as may be reasonably required.

d.

The city may impose special landscaping, screening, fencing, or other requirements on an as-needed basis.

(4)

Municipal use, public building, and public utility

(5)

Plant nursery in which no building or structure is maintained in connection therewith.

(6)

Golf club.

(7)

Church.

(8)

Library.

(9)

Childcare center.

(10)

Home beauty shops or home barber shops may be located in dwellings provided:

a.

Such shop is conducted within the main dwelling and operated by the inhabitant thereof and does not exceed one operator;

b.

The use shall be conditioned in such way as is clearly incidental to dwelling use and shall not change the character thereof; and

c.

No sign shall be permitted excluding one non-illuminated nameplate not to exceed two square feet in area, attached to the main building

(11)

Home occupation.

(12)

Bed and breakfast home stay.

(13)

Congregate living facility.

(d)

Uses permitted as zoning special exceptions. Livestock, miniature animals, fowls and rodents as permitted elsewhere in this Code provided they shall meet all applicable license requirements.

(e)

Area regulations.

(1)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

a.

The minimum depth of the front yard shall be 25 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from the average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of less than 25 feet, and no building varies more than five feet from the average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not allow a front yard of less than 20 feet.

d.

When a yard has double frontage, the yard requirements shall be provided on both streets.

(2)

Side yard.

a.

Except as hereinafter provided in this section and in article III of this chapter, there shall be a side yard on each side of a main building which shall have a width of not less than five feet.

b.

On any corner lot a building shall set back from the street line of the intersecting street a distance of 15 feet in case such lot is back with another corner lot, and 20 feet in every other case.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller.

(4)

Lot width. There shall be a minimum lot width of 50 feet at the building line, and such lot shall abut on a street for a distance of not less than 35 feet.

(5)

Intensity of use.

a.

There shall be a lot area of not less than 6,000 square feet, except that where a lot has less area than herein required and all the boundary lines of the lot touch lands under other ownership on the effective date of the ordinance from which this article is derived that lot may be used only for single-family purposes.

b.

Main and accessory buildings shall not cover more than 35 percent of the lot area on interior lots, and on corner lots.

c.

Not more than one main dwelling shall be constructed on each 6,000 square feet of area.

(f)

Height regulations. Except as provided in article III of this chapter, no building shall exceed 2½ stories or 35 feet in height.

(Code 2012, § 16-4-8; Ord. No. 1529, § 1; Ord. No. 95-21, 12-18-1995; Ord. No. 2012-07, 4-2-2012; Ord. No. 2013-04, 1-22-2013; Ord. No. 2013-17, 8-5-2013; Ord. No. 2022-20, § I, 7-5-2022)

(a)

General description. This residential district is to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area.

(b)

Uses permitted. Property and buildings in an R-2 Two-Family Dwelling District shall be used only for the following purposes:

(1)

Any uses permitted in R-1 single-family dwelling district.

(2)

Two-family dwelling, or a single-family dwelling and a garage apartment.

(3)

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(c)

Uses permitted on review. The following uses may be permissible on review by the city planning commission in accordance with provisions contained in article VII of this chapter:

(1)

Any use permissible on review in an R-1 Single-Family Dwelling District.

(2)

Rest home or convalescent home.

(3)

Off-street parking lot is required as open space for vehicular parking under terms of article III of this chapter, provided that such lot is adjacent to or separated from the principal use only by streets or alleys and that all of the provisions of article III of this chapter are complied with. This shall not be construed as permitting separately operated commercial parking lots.

(4)

Childcare center.

(5)

Group home for no more than eight developmentally disabled persons.

(6)

Bed and breakfast inn.

(d)

Uses permitted as zoning special exceptions. Any use permitted as zoning exception in an R-1 Single-Family Dwelling District.

(e)

Area regulations.

(1)

Front yard. The front yard requirements shall be the same as those in R-1.

(2)

Side yard. The side yard shall be the same as those in R-1, except that a garage apartment shall be set back from any side lot line five feet.

(3)

Rear yard. There shall be a rear yard of not less than 15 feet and garage apartments shall set back not less than ten feet from the rear lot line.

(4)

Lot width. There shall be a minimum lot width of 50 feet at the building line for a single-family dwelling or for a single-family and a garage apartment. Such lot shall abut on a street for a distance of not less than 35 feet, and the principal means of ingress and egress to the garage apartment shall be directly to the street.

(5)

Intensity of use.

a.

There shall be a lot area of not less than 6,000 square feet for a single-family dwelling; 7,000 square feet for a two-family dwelling or a single-family dwelling and a garage apartment on the same lot.

b.

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this article is derived, that lot may be used only for single-family dwellings.

c.

Main and accessory buildings shall not cover more than 35 percent of the lot area.

d.

No more than one main building shall be constructed on each 6,000 square feet of land used for single-family purposes and 7,000 square feet for two-family purposes, except that a garage apartment may be constructed on any lot with a single-family dwelling provided that the area requirements of a two-family dwelling are complied with.

(6)

Height regulations. The height regulations shall be the same as those in the R-1 district.

(Code 2012, § 16-4-8; Ord. No. 1698, 12-6-1984; Ord. No. 2013-04, 1-22-2013)

(a)

General description. This residential district is intended to provide for multi-family developments which may have a relatively intense concentration of dwelling units served by large open spaces including common areas and facilities, resulting in low gross densities. The principal use of land may be for one or several dwelling types ranging from single-family to low-rise multiple-family dwellings, and including garden apartments, condominiums and townhouses.

(b)

Uses permitted. Property and buildings in an R-3 Multi-Family District shall be used only for the following purposes:

(1)

Any use permitted in R-2.

(2)

Multiple-family dwelling, apartment house, and rooming house, or boarding house, sorority or fraternity house and group home for developmentally disabled persons for no more than 12 persons, and bed and breakfast home stay and bed and breakfast inn.

(3)

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(c)

Uses permitted on review.

(1)

Any use permissible on review in R-2.

(2)

Hospital, medical or dental clinic, sanatorium, institution for philanthropic use, provided however that this shall not include institutions for the care and treatment of mental patients.

(d)

Uses permitted as zoning special exceptions. Any use permitted as a zoning exception in an R-2 Two-Family Residential District.

(e)

Area regulations.

(1)

The front yard requirements shall be the same as those in R-1.

(2)

Side yard requirements for one- and two-story buildings exclusive of basement, shall be the same as those in R-2. For each additional story or part thereof the side yard width shall be increased by three feet.

(3)

Rear yard requirements shall be the same as in R-2.

(4)

There shall be a minimum lot width of 50 feet at the building line for single-family and two-family dwellings, and ten feet additional width for each additional family occupying the structure; such lot shall abut on a street not less than 35 feet.

(5)

Intensity of use.

a.

There shall be a lot area of not less than 6,000 square feet for a single-family dwelling. 10,000 square feet for each two-family dwelling, and 2,000 square feet additional area for each family more than two occupying the structure.

b.

When a lot of less area than herein required, having all boundary lines touching lands under other ownership on the effective date of the ordinance from which this article is derived, that lot may be used only for single-family purposes.

c.

Main and accessory buildings shall not cover more than 65 percent of the lot area; accessory buildings shall not cover more than 20 percent of the rear yard.

d.

The limit on buildings shall be in accordance with the coverage requirements set forth in subsection (e)(5)c of this section.

(f)

Height regulations. Except as provided in article III of this chapter, no building shall exceed 3½ stories or 45 feet in height.

(g)

Administrative procedures. An application for rezoning for a multi-family residential district shall include the following, in addition to the administrative requirements set forth in this chapter:

(1)

In order to protect the general health, peace, safety and welfare of the city, its citizens and their property, the city council and city planning commission shall, from and after the effective date of the ordinance from which this section is derived, require the submissions of the site plans or affidavits or memorandums of intent with all applications for the rezoning of land to R-3 Multi-Family Residential Districts.

(2)

For the purpose of this section, such site plans shall reflect, but shall not necessarily be limited to the following:

a.

The exterior property lines of the lot or piece of real property concerned, any existing structures upon the lot or piece of land, or the lines within which any contemplated structure is to be constructed;

b.

A statement or other evidence of the type of structure to be placed on the land;

c.

The points of ingress and egress from city streets and alleys; and

d.

All proposed setbacks, right-of-ways, existing and proposed drainage easements and improvements; all existing and proposed utility easements, and the sizes of all existing and proposed utilities and proposed parking.

(3)

Any substantial deviation from the plans submitted at the time of rezoning shall constitute a violation of the building permit authorizing construction within the multi-family residential district.

(4)

Substantial changes in plans shall be resubmitted to the city council and the planning commission to insure compliance with the requirements and purpose and intent of this section, and no building permit shall be issued for any construction, that is not in substantial conformity with the approved plan.

(Code 2012, § 16-4-9; Ord. No. 1477, § 1, xx-xx-xxxx; Ord. No. 1698, 12-6-1984; Ord. No. 99-11, 5-3-1999)

(a)

General description. This residential district is intended to provide for multi-family district, of townhouse configuration, but requiring unit ownership by the individual occupants of the district and providing for and including a central committee or manager to supervise the maintenance and upkeep of the community-owned property or common elements and is intended to provide for greater flexibility in the design of buildings, yards, courts, and circulation than would otherwise be possible with conventional, residential multi-family zoning.

(b)

Uses permitted. Property and buildings in an R-MO Residential Multiple Ownership District shall be used only for the following purposes:

(1)

Multiple-family dwellings requiring individual dwelling ownership of each dwelling unit with the land and all other parts of the project held in common with owners of the units;

(2)

Additional residential uses specifically in the overall development plan, subject to the approval of the planning commission and city council during development plan review, provided such uses do not impair the intent and purposes of this district; and

(3)

Incidental and accessory buildings and uses necessary for the operation of any permitted use.

(c)

Area and height regulations.

(1)

Height regulations for the R-MO district are, except as provided in article III of this chapter, no building shall exceed two and one-half stories or 35 feet in height.

(2)

Usable open space of at least 1,500 square feet per dwelling unit must be provided within the boundaries of the parcel.

(3)

Townhouse structures shall not exceed eight units per dwelling.

(d)

Administrative procedures.

(1)

Plan approval and building permit. No buildings or other structures or construction of any type shall be commenced until there has first been a development plan approved and a building permit issued as follows:

a.

An application for building permit accompanied by a development plan shall be submitted to the planning commission, who shall review the same. After the review by the planning commission, the plan and application will be referred along with the recommendations, to include any modifications or adjustments, of the planning commission to the city council. Upon approval by the city council of the plan, the city is authorized to issue applicable building permits.

b.

The development plan must be an overall plan showing the uses, dimensions, and locations of proposed structures, of parking spaces, and area, if any to be reserved for public streets or private driveways, parks, playgrounds, and other open space. Any other pertinent information as may be necessary to determine that the contemplated arrangement or uses makes it desirable for the development.

c.

All utilities, streets, rights-of-way or easements to be dedicated for public use shall meet the standards set forth by the city under its subdivision regulations, plumbing, electrical, and other codes, standards and regulations.

d.

The development plan, when approved, must have the endorsement of its approval thereon by the planning commission and the city council and filed for record in the office of the county clerk and must contain an owner's certificate of dedication and restrictive covenants containing the following provisions:

1.

The formation or organization of a central committee, association or corporation having a committee or manager who shall be charged with the responsibility of the maintenance, care, upkeep, and the payment of taxes and liability insurance on the common area proposed for parking spaces, private driveways, parks, playgrounds and other open spaces.

2.

Every unit owner shall be a member of the association.

3.

All private driveways, parking areas, parks, playgrounds and other open spaces shall be dedicated for the common uses for all the unit owners and each unit owner shall be entitled to an undivided interest in the common elements in the ratio expressed in the dedication.

4.

The undivided interest in the common elements as aforesaid shall not be separated from the unit owned by the unit owners.

5.

The common-owned space area shall remain undivided and no partition thereof shall be sold or transferred without the consent of the council of the city.

6.

Each unit owner may use the open space and other common elements in connection with the purpose for which they are intended without hindrance or encroachment upon the lawful rights of other unit owners.

7.

A lien must be imposed upon each owner's unit or interest for the cost of the care, upkeep and maintenance, taxes and liability insurance of the common area.

8.

Each unit owner must be bound to contribute his pro rata cost of the expenses of the administration and of maintenance, repair, taxes, upkeep and liability insurance on the common-owned property and no unit owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or otherwise.

9.

That the plat and dedication thereof may not be cancelled, modified or changed without the written consent of the council of the city as well as all the unit owners or by court of competent jurisdiction after the city has been given notice of the hearing.

(2)

After the approval of the plans, dedication, and the payment of fees as provided by ordinance, the building permit shall be issued and any changes in the plans resubmitted to the planning commission and the city council to ensure compliance with the requirements and purposes and intent of this section.

(3)

Any deviations from the plan submitted and approved with the application for the building permit shall constitute a violation of a building permit.

(Code 2012, § 16-4-10; Ord. No. 1459, § 1)

(a)

General description. This residential district is to provide for a strict office commercial category, which will be a transitional use between a restrictive commercial district and a residential district. The design of commercial offices shall be compatible to the surrounding properties as to traffic ingress and egress, building orientation, landscaping, position of off-street parking, and other amenities as deemed necessary to the particular site.

(b)

Uses permitted. Property and buildings in an R-4 Residential Office District shall be used only for the following purposes:

(1)

Multi-family residential.

(2)

Real estate and insurance offices.

(3)

Accounting and tax offices.

(4)

Beauty parlors and beauty shops with not more than four chairs and other necessary and incidental equipment.

(5)

Drafting and engineer's offices and consultants.

(6)

Office use.

(7)

Churches. This subsection (b)(7) is for new construction only. It is not to be applied to any temporary, moved-in, or substandard buildings.

(8)

Excluding churches, this article restricts the number of employees to not more than four at any given time, including proprietors and their family, in any office or beauty shop under this zoning classification.

(9)

Office buildings in which no retail sales are carried on or stock of goods is maintained for sale to customers.

(10)

Photograph studio.

(11)

Employment agency.

(12)

Apothecary (limited to sale of pharmaceutical and medical supplies).

(13)

Dance studio.

(14)

Public services.

(c)

Uses permitted on review. Any uses permitted on review in residential districts.

(d)

Uses permitted as zoning special exceptions.

(1)

Any uses permitted as zoning special exception in residential districts.

(2)

Laboratories for research and testing.

(e)

Area regulations.

(1)

Front yard. There shall be a minimum of a ten-foot front yard except for residential uses.

(2)

Side yard. There shall be required a 15-foot side yard on corner lots and no side yard required on interior lots except for residential uses.

(3)

Rear yard. There is not a rear yard required except for residential uses.

(4)

Lot width. A lot width shall be required of 50 feet for office commercial uses, except residential uses. All multi-family residential uses constructed in this district shall abide by the area regulations found in the R-3 Multi-Family Residential District.

(5)

Coverage. The maximum lot coverage permitted is 70 percent.

(f)

Height regulations. No building shall exceed 2½ stories or 35 feet in height, except as hereinafter provided.

(g)

Off-street parking.

(1)

Screened parking area shall be provided when abutting or adjoining property under other ownership; height not to exceed four feet and may be of plants or residential type wood fencing.

(2)

Adequate off-street parking shall be provided for any usage under this article.

(h)

Additional regulations. New construction shall be designed to conform to a compatible residential motif as viewed from the street.

(1)

No mechanical equipment or other uses shall be permitted which creates any noise, dust, odor, or electrical disturbances beyond the confines of the lot in which the occupation is conducted, and shall not be operated in any manner that will become a nuisance in the neighborhood in which the same is located.

(2)

No change of usage other than the classifications listed in this article will be permitted.

(3)

Business hours to be limited at 7:30 a.m. to 8:30 p.m. excluding Sundays when no business may be transacted nor any opening.

(4)

Not more than a two-foot-square outside sign shall be permitted which shall be located wholly upon the premises, and shall be of a non-illuminated type and shall be either attached to the principal structure or no more than six feet from such building.

(5)

Change in the dwelling character: The uses and purposes permitted under this classification shall not authorize the change of the character of the building or its general outside appearance in the neighborhood.

(Code 2012, § 16-4-11)

(a)

General description. This district is intended to provide for the location of parcels of land or property that are used or intended to be used or rented, leased, or sold for occupancy by five or more trailers or like movable sleeping quarters of any kind.

(b)

Uses permitted on review. Upon compliance with the provisions set forth herein, a mobile home trailer park will be allowed within the M-H Mobile Home Park District. Application requirements for this district are as follows:

(1)

The applicant, upon making application for development permit, must submit a detailed site plan locating all mobile home stands, screening, or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.

(2)

It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than ten percent of the mobile home spaces devoted to purely transient purposes. These purely transient spaces are to be located in one area of the park so they will in no way interfere with the permanent residents.

(c)

Area regulations.

(1)

Front yard. The proposed site shall have a front yard of not less than 15 feet from the corner or line of any mobile home space to the street boundary of the park.

(2)

Side yard. The site shall provide for a minimum of seven and one-half feet as side yard space from any mobile home stand to any solid fencing, screen planting or wall of six feet in height.

(3)

Rear yard. The site shall provide for a minimum of ten feet as rear yard space from any mobile home stand to any solid fencing, screen planting or wall of six feet in height.

(4)

Lot width. The proposed mobile home park site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the traffic ways plan. All ingress and egress will be on such major streets.

(5)

Lot depth. The proposed site shall be a minimum of 150 feet in depth.

(6)

Intensity of use. The proposed site shall be a minimum of 30,000 square feet in size and shall contain no more than 11 mobile home spaces per acre.

(d)

Off-street parking. The proposed site shall provide two off-street parking spaces for each mobile home space.

(e)

Other requirements.

(1)

The proposed site shall provide a connection for each mobile home stand to all public utilities considered necessary and appropriate for the health, safety, and general welfare of the public.

(2)

Each mobile home located in a mobile home park, which has been granted approval upon complying with the regulations contained herein, must be anchored in a secure manner.

(3)

Each mobile home park shall conform to all applicable city ordinances and standards.

(4)

Each mobile home park shall provide a storm shelter accessible to persons within the mobile home park. There shall be provided within the shelter a minimum 1,000 square feet with no less than 25 square feet per mobile home space. The shelter shall meet the requirements as set out in the National Performance Criteria for Tornado Shelters document produced by the Federal Emergency Management Agency with the following changes: Section 9(a) and (b) shall be deleted. The requirement for a radio transmitter or signal-emitting device in Section 10 shall be deleted.

(5)

Mobile home parks that are exempt from the requirements of subsection (e)(4) of this section shall have a storm shelter that meets the requirements of subsection (e)(4) of this section or a storm shelter plan that has been approved by the city's emergency management director. At a minimum the plan shall include proof of annual written notification to the residents of their shelter options.

(6)

All mobile home parks shall have a signs no smaller than 24 inches by 30 inches advising residents and visitors of the park's storm shelter options. The signs and locations shall be approved by the city's emergency management director.

(f)

Manufactured housing regulations and standards.

(1)

All manufactured homes, previously called mobile homes, are allowed in approved and properly zoned M-H Mobile Home Park Districts.

(2)

All manufactured homes, previously called mobile homes, that are located in the floodplain are required to meet the requirements of chapter 46.

(Code 2012, § 16-4-12; Ord. No. 2005-09, 4-18-2005; Ord. No. 2011-17, § I, 9-6-2011; Ord. No. 2012-07, 4-2-2012; ; Ord. No. 2023-07, § I, 1-3-2023, § I, 1-3-2023)

(a)

General description. This district is to provide for the delivery of health services for both human inpatient and outpatient medical treatment or surgical care for the sick or injured.

(b)

Uses permitted. Property and buildings in an H-I Health Facilities District shall be used for the following purposes:

(1)

Hospitals.

(2)

Clinics (medical or dental).

(3)

Sanatorium (except for care and treatment of mental patients).

(4)

Institution for philanthropic use.

(5)

Rest home or convalescent home.

(6)

Doctor's or dentist's office; provided that adequate off-street parking is provided to handle all vehicles associated with office operations at anticipated peak periods as determined by the planning commission.

(7)

Pharmacy.

(8)

Florist.

(9)

Vendor for handicapped items.

(10)

Gift shop.

(c)

Uses permitted on review. Uses permitted in the R-4 district.

(d)

Area regulations. For uses permitted in H-I district, area regulations shall be the same as those required in the R-4 district.

(e)

Height regulations. For uses permitted in H-I district, height regulations shall be the same as those required in the R-4 district.

(f)

Additional provisions.

(1)

Any building, which may be constructed, shall be of masonry, or masonry-clad structure, architecturally compatible to hospital construction, and the roof thereof shall be constructed of fireproof materials.

(2)

Any building, which may be constructed, shall have a foundation area of at least 1,200 square feet.

(3)

Any building shall be set back a minimum of five feet from the property line.

(4)

All buildings constructed shall be used and occupied only by a person or persons, duly awarded the degree of doctor of medicine by a college recognized by the American Medical Association, or duly recognized by the American Dental Association, or duly awarded the degree of doctor of osteopathy by a college duly recognized by the American Osteopathic Physicians Association, or duly awarded the degree of doctor of chiropractors by a college duly recognized by the state chiropractic association and board, or by a chiropodist or duly licensed dentists and optometrists or persons engaged in conducting clinical, pathological, dental, or x-ray laboratories for the practice or their respective professions therein, or by a pharmacist operating a prescription shop only such as may be approved by the planning commission and for no other purpose. It is expressly agreed and understood that the doctors of medicine and doctors of dental surgery and optometrists or duly awarded the degree of doctor of osteopathy by a college duly recognized by the American Osteopathic Physicians Association, or duly awarded the degree of doctor of chiropractors by a college duly recognized by the state chiropractic association and board, who may use and occupy the premises may conduct and operate therein a medical and surgical clinic, and for such purpose may maintain therein such facilities as may be necessary or proper to provide bed care for patients not exceeding 24 hours in duration.

(5)

Name plates and signs relating only to the use of the building or premises or products sold on the premises may be permitted.

(6)

Required off-street parking space shall be provided with vehicular access to street or alley and shall be deemed to be required open space associated with the permitted use, and shall not thereafter be reduced or encroached upon in any manner. The ownership of the land upon which parking is provided shall be the same as the ownership of the land upon which the principal uses exist for which the parking is required. Adequate off-street parking shall be provided based on the parking demands of the land use. Whenever there is a use of land proposed for which no parking demand is given herein, the planning commission shall make determination of the parking demand created by the proposed building, structure, or use of land and such demand shall become a requirement and made a condition of the building permit authorizing the use.

(7)

All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use. Adequate lighting shall be provided; however, the intensity of light and arrangement of reflectors shall be such as not to interfere with residential district uses. No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot.

(Code 2012, § 16-4-13; Ord. No. 99-10, 5-3-1999)

(a)

General description. This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational, and educational elements, more restrictive requirements for light, air, open space, and off-street parking are made than are provided in other commercial districts.

(b)

Uses permitted. Property and buildings in a C-1 Local Commercial District shall be used only for the following purposes:

(1)

Retail stores and shops supplying the regular and customary needs of the resident of the neighborhood and primarily for their convenience, as follows:

a.

Antique shop.

b.

Arts school, gallery, or museum.

c.

Automobile service station.

d.

Automobile parking lot.

e.

Baby shop.

f.

Bakery goods store.

g.

Bank.

h.

Barbershop.

i.

Beauty shop.

j.

Bed and breakfast motel/hotel.

k.

Book or stationery store.

l.

Business college or trade school.

m.

Camera shop.

n.

Candy store.

o.

Catering establishment.

p.

Cleaning, pressing, laundry agency, providing cleaning and pressing are not done on premises.

q.

Clinic (medical).

r.

Curio or gift shop.

s.

Drug store or fountain.

t.

Dry goods store.

u.

Department store.

v.

Dairy products or ice cream store.

w.

Delicatessen.

x.

Dress shop.

y.

Florist shop, greenhouse, nursery.

z.

Funeral home.

aa.

Grocery store or supermarket.

bb.

Hotel.

cc.

Help-yourself laundry.

dd.

Jewelry store.

ee.

Lodge hall.

ff.

Meat market.

gg.

Messenger or telegraphic service.

hh.

Museum.

ii.

Musical instrument sales.

jj.

Newspaper or magazine sales.

kk.

Office business.

ll.

Optometrist sales and service.

mm.

Paint and decorating shop.

nn.

Photographer studio.

oo.

Pharmacy.

pp.

Restaurant.

qq.

Sale of nonintoxicating beverages as defined by state law, for off-premises consumption.

rr.

Sewing machine sales, instruction.

ss.

Sporting goods sales.

tt.

Shoe repair shop.

uu.

Tailor shop.

vv.

Variety store.

ww.

Light commercial, service business, e.g., soft water service, cable T.V., and companies which provide home service and have limited retail trade.

(2)

Name plate and sign relating only to the use of the store and premises or to products sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited.

(3)

Accessory buildings and uses customarily incidental to the above uses.

(4)

Any building used primarily for any of the above-enumerated purposes may not have more than 40 percent of the floor area devoted to purposes incidental to such primary use.

(c)

Uses permitted on review. Any establishment that offers, or intends to offer, for sale or on premises consumption any type of alcoholic or nonintoxicating beverage.

(1)

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by state law.

(2)

Tavern or bottle club.

(3)

Liquor store.

(d)

Area requirements.

(1)

Front yard. The front yard regulations shall be the same as those in R-1.

(2)

Side yard.

a.

For uses other than dwelling, no side yard shall be required except on the side of a lot adjoining a dwelling district or dwelling, in which case there shall be a side yard of not less than five feet.

b.

Whenever the rear lot line of a corner lot of a local business district abuts a dwelling district, or dwelling, the side yard setback adjacent to the street shall be 15 feet.

c.

For dwelling in a C-1 district, the side yard regulation shall be the same as those in R-3.

(3)

Rear yard.

a.

For dwelling in a C-1 district, the rear yard requirements shall be the same as those in R-3.

b.

Rear yards shall not be required for retail establishments except where a rear lot line abuts upon a dwelling district, or dwelling, in which case there shall be a rear yard of not less than 15 feet.

(4)

Intensity of use.

a.

The intensity of use for residential purposes shall be the same as in R-3.

b.

Coverage for residential purposes shall be the same as in R-3.

(5)

Residential uses may be permitted in existing buildings not conforming to area and height regulations provided the structures comply with all applicable fire, life safety, and building codes.

(e)

Height regulations. Except as provided in article III of this chapter, no building shall exceed 2½ stories or 35 feet in height.

(Code 2012, § 16-4-14; Ord. No. 1355, xx-xx-xxxx, § 1; Ord. No. 1372, § 1, xx-xx-xxxx; Ord. No. 1415, § 2, xx-xx-xxxx; Ord. No. 1730, 7-25-1985; Ord. No. 98-18, 11-16-1998; Ord. No. 2005-19, 12-5-2005; Ord. No. 12-09, 4-16-2012; Ord. No. 2013-05, 2-4-2013)

(a)

General description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

(b)

Uses permitted. Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1 Local Commercial District along with the following:

a.

Amusement enterprises.

b.

Bus terminal.

c.

Carpenter and cabinet shop.

d.

Cleaning and dyeing works.

e.

Dance studio.

f.

Educational enterprises.

g.

Electric transmission station.

h.

Furniture or interior decorating store; paint and wallpaper.

i.

Furniture repair and upholstery.

j.

Funeral home.

k.

Gas, gasoline and oil retail distributing plant.

l.

Golf course, miniature, or practice range.

m.

Hardware or appliance store.

n.

Heating, ventilating, or plumbing supplies, sales, and service.

o.

Key shop.

p.

Kennel.

q.

Laboratories, testing and experimental.

r.

Laundry.

s.

Leather goods shop.

t.

Music, radio, or television shop.

u.

New and used auto truck and machinery sales, service, and repair. All machinery, equipment, and vehicles not merchandised for sale or lease that remain on the premises for more than 24 hours must be stored inside an enclosed building. Vehicle and equipment salvage yards are prohibited. Gasoline storage tanks are permitted in ground only.

v.

Nursery or garden supply store.

w.

Pawnshop.

x.

Pet shop.

y.

Printing plant.

z.

Research laboratories.

aa.

Sign painting shop.

bb.

Hospital for small animals.

cc.

Stock and bond broker.

dd.

Storage warehouse.

ee.

Theater.

ff.

Toy store.

gg.

Wholesale distributing center.

(2)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses; provided there shall be no manufacture, processing or compounding of products other than such manufacture, processing, or compounding such as are customarily incidental and essential to retail establishments.

(3)

Any other store or shop maintained for retail trade or for rendering personal or professional service.

(4)

No article or material permitted under subsection (a) of this section shall be stored or displayed outside the confines of a building unless it is so screened by walls, fences, or planting that it cannot be seen from adjoining streets or lots when viewed by a person at ground level.

(c)

Uses permitted on review.

(1)

Any establishment that offers, or intends to offer, for sale or consumption any type of alcoholic or nonintoxicating beverage.

a.

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by state law.

b.

Tavern or bottle club.

c.

Liquor store.

(2)

The following uses may be permitted on review in the C-2 district: Tattoo or body piercing.

(d)

Area regulations.

(1)

For dwellings in a C-2 district, area regulations shall be the same as those required in R-3.

(2)

When a lot in a C-2 district, being used for commercial purposes, abuts upon a dwelling district, or dwelling, the rear yard requirements shall be 15 feet.

(3)

Intensity of use regulations for residential purposes in a C-2 district shall be the same as those in R-3.

(4)

Residential uses may be permitted in existing buildings not conforming to area and height regulations provided the structures comply with all applicable fire, life safety, and building codes.

(e)

Height regulations. Dwellings located in a C-2 district shall have height regulations the same as those in R-3.

(Code 2012, § 16-4-15; Ord. No. 97-10, 5-19-1997; Ord. No. 98-18, 11-16-1998; Ord. No. 2005-19, 12-5-2005; Ord. No. 2006-21, 9-18-2006)

(a)

General description. This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores that provide goods and services for the people residing within the community. It is intended that the community shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials.

(b)

Uses permitted. Property and buildings in a C-3 Community Shopping Center District shall be used only for the uses in this section; provided, however, that these uses shall be located in a unified shopping center which shall have not less than five shops and stores, at least one of which shall be a supermarket or a junior department store or variety store having not less than 16,000 square feet of gross floor area. The shops and stores of the community shopping center shall have a combined total gross floor area of not less than 30,000 square feet, and shall be located on tract of land of not less than ten acres in area; provided, however, that any tracts of property containing fewer than ten acres as of April 6, 2015, and are zoned as C-3 may be used for any of the following uses:

(1)

Any of the following uses shall be permitted:

a.

Antique shop.

b.

Appliance store.

c.

Apparel store, family, children, men or women.

d.

Artist supplies.

e.

Automobile parking lot.

f.

Bakery goods store.

g.

Bank.

h.

Barber shop.

i.

Beauty shop.

j.

Book or stationery store.

k.

Camera shop.

l.

Candy store.

m.

Catering establishment.

n.

Cleaning and pressing collection station.

o.

Curio shop.

p.

Drug store or fountain.

q.

Dry goods store.

r.

Dairy products or ice cream store.

s.

Delicatessen.

t.

Florist shop.

u.

Furniture store.

v.

Gift Shop.

w.

Grocery store.

x.

Hardware store.

y.

Help-yourself laundry.

z.

Jewelry store.

aa.

Meat market.

bb.

Medical facility.

cc.

Music store.

dd.

Newspaper or magazine store.

ee.

Notions store.

ff.

Office supply store.

gg.

Optometrist sales and service.

hh.

Paint and decorating shop.

ii.

Photographer studio.

jj.

Pharmacy.

kk.

Radio and television sales and service.

ll.

Restaurant.

mm.

Sale of nonintoxicating beverages, as defined by state law, for off-premises consumption.

nn.

Sewing machine sales and service.

oo.

Sporting goods sales.

pp.

Shoe store or repair shop.

qq.

Specialty shop for women.

rr.

Supermarket.

ss.

Tailor shop.

tt.

Toy store.

uu.

Variety store.

(2)

Office uses; provided, however, that the total gross floor area of all office uses, exclusive of those listed in subsection (b)(1) of this section, shall not exceed 20 percent of the gross floor area of the shopping center.

(3)

Gasoline services or filling station; providing that it is designed as an integral part of the shopping center building group.

(4)

Advertising signs relating to the shopping center, the stores, and shops therein and products sold therein. All advertising signs and structures shall be designed as an integral part of the shopping center development and shall be harmonious with the other architectural features of the center.

(5)

Accessory buildings and uses customarily incidental to the above uses.

(6)

All streets, roadways, and parking areas must be paved in accordance with the requirements of the ordinances of the city regulating streets in new subdivisions of said city.

(c)

Uses permitted on review. Any establishment that offers, or intends to offer, for sale or consumption on premises any type of alcoholic or nonintoxicating beverage.

(1)

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by state law.

(2)

Tavern or bottle club.

(3)

Liquor store.

(d)

Area regulations.

(1)

Minimum and maximum area. The parcel of land on which a community shopping center is located shall not be less than ten acres in area.

(2)

Yards. It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas and that ornamental screening from noise and light be provided where necessary; provided, however, that in no case shall the design of the center be less than the following standards:

a.

All buildings shall set back from all street right-of-way lines not less than 25 feet.

b.

On the side of a lot adjoining a dwelling district there shall be a yard of not less than 25 feet.

c.

There shall be a rear yard, alley, service court, or combination thereof, of not less than 30 feet in width, and all of the service area of all buildings shall be completely screened, with permanent ornamental screening materials, from public view.

(3)

Coverage. Buildings shall not cover more than 40 percent of the site on which the shopping center is located.

(e)

Height regulations. Except as provided in article III of this chapter, no building shall exceed 3½ stories or 45 feet in height.

(f)

Off-street parking. The off-street parking requirements may be complied with by providing a permanent common off-street parking facility for the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; provided, however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than 3½ times the gross floor area of the shopping center.

(g)

Administrative procedures. An application for rezoning for a community shopping center shall include the following, in addition to the administrative requirements set forth in this chapter:

(1)

The developer shall submit the site plans of the proposed development which shall be in adequate detail to determine the compliance with the provisions of this section; and which shall show the arrangement of buildings, types of shops and stores, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility and drainage easements and facilities; and the relationship of the shopping center development to adjacent areas which it may affect.

(2)

Evidence that indicates, to the satisfaction of the city council and planning commission, the ability and intent of the developer to carry out the development of the shopping center in accordance with the plans submitted in accordance with subsection (g)(1) of this section.

(h)

Development procedure.

(1)

The developer shall obtain a building permit for the shopping center in accordance with the administrative requirements set forth in this chapter and shall begin construction of the shopping center within two years after the effective date of rezoning for the shopping center, and shall make a reasonable and continuous progress toward completion. If the shopping center is not under construction within two years after the effective date of the shopping center rezoning, the planning commission shall review the status of the development, and if it shall find that the developer cannot proceed immediately with the development in conformity with the requirements of this section, this fact, and the reasons thereof, shall be reported to the city council. The city council may, at its discretion, rezone the shopping center district to a zoning district classification consistent with the general plan. Such general plan shall also provide for adequate streets and roads for necessary ingress and egress to and from the shopping center to the main streets or highways adjacent thereto.

(2)

Any substantial deviation from the plans submitted at the time of rezoning shall constitute a violation of the building permit authorizing construction of the shopping center. Substantial changes in plans shall be resubmitted to the city council and the planning commission to ensure compliance with the requirements and purpose and intent of this section, and no building permit shall be issued for any construction, that is not in substantial conformity with the approved plan.

(Code 2012, § 16-4-16; Ord. No. 98-18, 11-16-1998; Ord. No. 2015-03, § 1, 4-20-2015)

(a)

General description. This industrial district is intended primarily for the conduct of light manufacturing, assembling, fabrication, and for warehousing, wholesale, and service uses. These do not depend primarily on frequent visits of customer or clients, but may require good accessibility to major rail, air, or street transportation routes.

(b)

Uses permitted. Property and buildings in an I-1 Light Industrial District shall be used only for the following purposes:

(1)

Any use permitted in a C-2 General Commercial District.

(2)

Any of the following uses:

a.

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, including concrete mixing, but not including a concrete batch plant or transit mix plant.

b.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

c.

Feed and fuel yard.

d.

Freight or trucking yard or terminal.

e.

Public utility service yard or electrical receiving or transforming station.

f.

Storage yard for recreational vehicles and boats.

Provided, however, that no article or material shall be kept, stored or displayed outside the confines of the building unless it be so screened by fences, walls, or planting that it cannot be seen from adjoining public streets or lots when viewed by a person at ground level.

(3)

The following uses when conducted within a completely enclosed building:

a.

The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products, sauerkraut, vinegar, and yeast.

b.

The manufacture, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials; bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process.

c.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

d.

The manufacture and maintenance of electric neon signs, commercial advertising structures, light steel metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

e.

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

f.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

g.

Blacksmith shop and machine shop excluding punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.

h.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

i.

Assembly of electrical appliances, electronic instruments, and devices, radios, and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like.

j.

Concrete products or cement products manufacture.

k.

Overnight camp areas.

(4)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(c)

Uses permitted on review. Any establishment that offers, or intends to offer, for sale or consumption on premises any type of alcoholic or nonintoxicating beverage.

(1)

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by state law.

(2)

Tavern or bottle club.

(3)

Liquor store.

(d)

Area regulations.

(1)

Front yard. No front yard shall be required; except for dwellings, the regulations shall be the same as required in R-3.

(2)

Side yard.

a.

For uses other than dwelling, no side yard shall be required except on the side of a lot adjoining a dwelling district in which case there shall be a side yard of not less than five feet.

b.

Whenever the rear lot line of a corner lot of a light industrial district abuts a dwelling district, the side yard set back adjacent to the street shall be 15 feet.

c.

For dwelling in an I-1 district, the side yard regulations shall be the same as those in R-3.

(3)

Rear yard.

a.

For dwellings in an I-1 district, rear yard requirements shall be the same as those in R-3.

b.

Rear yards shall not be required except where a rear lot line abuts upon a dwelling district, in which case there shall be a rear yard of not less than 15 feet.

(4)

The intensity of use for residential purposes shall be the same as those required in R-3.

(5)

The lot width requirements for residential purposes shall be the same as those in R-3.

(6)

Coverage of lot by buildings for residential purposes shall be the same as those required in R-3.

(7)

Residential uses may be permitted in existing buildings not conforming to area and height regulations provided the structures comply with all applicable fire, life safety, and building codes.

(e)

Height regulations. Where a lot adjoins a dwelling district, the building shall not exceed 45 feet in height, unless it is set back one foot from front and side yard lines for each foot of additional height above 45 feet.

(Code 2012, § 16-4-17; Ord. No. 1415, § 3; Ord. No. 98-18, 11-16-1998; Ord. No. 2005-19, 12-5-2005; Ord. No. 2013-19, 8-5-2013)

(a)

General description. This industrial district is intended to provide for heavy industrial uses and other uses not otherwise provided for in the districts established by this article. The intensity of uses permitted in this district makes it desirable that they be located downwind and separated from residential and commercial uses whenever possible.

(b)

Uses permitted. Property and buildings in an I-2 Heavy Industrial District may be used for any use except the following:

(1)

All residential uses except sleeping facilities required by night watchmen and caretakers employed upon the premises.

(2)

All uses not complying with this article, or any other county, state, or federal regulation or law.

(3)

Any wholesale liquor warehouse or any other establishment in connection with the manufacture, warehousing, or storing or wholesaling of any and all liquors shall be permitted only in an I-2 Heavy Industrial District in the city, but shall not be permitted in any other zoning area in the city.

(c)

Uses permitted on review. Before consideration of a use permitted on review, the city council, if it deems necessary, may require approval of the city or county health department, the state fire marshal, or other state or county regulating agencies, then shall attach to the approval specific restrictions designated to protect the public welfare. All final site plans for all uses on review under this section shall be required to be inspected and approved by the city fire department.

(1)

Establishing a retail sales facility for liquefied petroleum products (LPG) so long as the amount of liquefied petroleum product allowed to remain on the premises is limited to a maximum of 1,000 gallons at any one time.

(2)

With respect to all installations of liquefied petroleum gas products, the following safety features at all sites shall be installed in addition to all requirements mandated by the NFPA Code, to-wit:

a.

All tanks shall have two approved (ESV) emergency shut-off valves installed, one being a manual remote with a minimum report shut off distance of 25 feet, and the other being thermal actuation valve which would be actuated in case of fire.

b.

The distance between the LPG product tank and the point of transfer shall be a minimum of 35 feet, with the site plan to have no provisions for parking or re-fueling vehicles within that distance.

c.

The LPG product tank and the point of transfer distance shall be doubled (two times) that stated in NFPA 58 Table 4-3.3.2 with the following exception: No. 5: residential homes, schools, public places of assembly and outdoor places of public assembly, including school yards, athletic fields and playgrounds is increased from 50 feet to 300 feet.

(3)

Acid manufacture.

(4)

Explosive manufacture or wholesale storage.

(5)

Cement, lime, gypsum or plaster of Paris manufacture.

(6)

Gas manufacture.

(7)

Petroleum or its products, refining of.

(8)

Wholesale storage of gasoline or liquefied petroleum products.

(9)

Any establishment that offers, or intends to offer, for sale or consumption on premises any type of alcoholic or nonintoxicating beverage.

a.

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by state law.

b.

Tavern or bottle club.

c.

Liquor store.

(d)

Height regulations. Where a lot adjoins a dwelling district the building shall not exceed 45 feet, unless it is set back one foot from all front and side yard lines for each foot of additional height above 45 feet.

(Code 2012, § 16-4-18; Ord. No. 98-18, 11-16-1998; Ord. No. 2005-19, 12-5-2005)

(a)

Generally. A planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan. The PUD is subject to special review procedures. Once approved by the city council, it becomes a special zoning classification for the property it represents.

(b)

Intent and purpose.

(1)

It is the intent of this section to encourage unified design of residential, commercial, industrial, or institutional areas and facilities, or combinations thereof, and to provide for integrated development having harmony of design and variety of function. It is also the intent of this section to encourage the development of planned commercial and industrial sites to eliminate the adverse impacts of traditional strip zoning.

(2)

The purpose of the PUD provision is to:

a.

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, ensuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan;

b.

Permit flexibility within the development to maximize the unique physical features of the particular site;

c.

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses;

d.

Achieve a continuity of function, and design within the development;

e.

Encourage innovative development of smaller parcels and land that have been passed over; and

f.

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety, and welfare of the community.

(c)

Planned unit development authorized.

(1)

A PUD may be authorized by an amendment to the official zoning districts map after public hearing by the planning commission and city council. A PUD shall be considered a special zoning district, and it may be authorized for any use or a combination of uses permitted in this chapter.

(2)

A PUD must comply with the following requirements:

a.

A PUD zoning district shall have a minimum area of not less than one acre or the minimum area requirement of the zoning district, which the PUD is based upon, whichever is greater.

b.

A PUD master plan is required as the basis for review and approval of a PUD application. The PUD master plan shall be adopted as a part of the ordinance of rezoning and shall be in conformance with the requirements of these regulations and the following:

1.

The PUD master plan shall consist of two elements, the design statement and the master development plan map;

2.

The PUD master plan shall establish residential densities, as well as amounts, type, and general location of all land uses; and

3.

The PUD master plan shall serve as the basis for review and approval of all subdivision plats and building permits within the PUD.

(d)

Effect of planned unit development approval.

(1)

Approval of a zoning change to PUD adopts the master plan prepared by the applicant and reviewed as part of the application. The master plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations, and location of specific elements of the development, such as open space, landscaping, and screening.

(2)

The PUD classification replaces any previous zoning district classification on a parcel.

(3)

Where there is no provision in the PUD master plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

(e)

Criteria for planned unit development review and approval. Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals. The following design standards shall be specifically included as review criteria for the evaluation of a PUD application:

(1)

Intent. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

(2)

Design. Design of the PUD may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback and height on individual lots in accordance with the PUD master plan.

(3)

Use requirements. Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.

(4)

Modification of building code requirements. Building code requirements shall not be reduced or modified in the design of a PUD.

(5)

Maximum dwelling units. The maximum number of dwelling units within a PUD shall be based on calculation of gross density. Gross density shall be established in the PUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of the dwelling units.

(6)

Housing. Location and type of housing shall be established in a general pattern and shown on the master development plan map.

(7)

Reduction of existing requirements. Open space requirements, parking requirements and landscaping requirements, if applicable, shall not be reduced in the design of a PUD.

(8)

Amenities. Amenities should be considered as an important justification for development and city approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, useable open space should be furnished along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways shall be planned where it is necessary to provide for amenity and public safety.

(9)

Minimum land area and frontage. The minimum area and frontage for a PUD request involving office, commercial and industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal.

(10)

Streets. The following are general design standards for streets:

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.

c.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However, a private street system shall not serve as a reason for reduction in minimum design and paving standards in urban areas.

d.

On-street parking bays or other similar areas shall not be approved on public streets.

(11)

Adjacent land uses. The following general guidelines shall be used to establish the relationship of the PUD to abutting land uses: The master development plan map shall show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening earth berms, or similar techniques. It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

(12)

Mixed land use development. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to ensure a harmonious development.

(13)

Common access. In commercial or industrial developments, the PUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets. Streets and alleys for PUDs shall be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections.

(f)

PUD application.

(1)

Review procedure. The developer or builder of a PUD shall follow a five-step application and review procedure:

a.

Step 1. Pre-application review.

b.

Step 2. Application for rezoning if required, submission of PUD master plan, including the design statement and master development plan.

c.

Step 3. Preliminary plat, where required by the subdivision regulations.

d.

Step 4. Final plat, where required by the subdivision regulations.

e.

Step 5. Application for building permit and site plan review.

(2)

Approval of procedural steps required prior to review; public hearing. Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted in steps 3 and 4 set forth in subsection (f)(1) of this section. The planning commission and city council may, however, review more than one step at the same public hearing. A public hearing shall be required as follows:

a.

Public hearings shall be held on the application for rezoning or the PUD master plan in accordance with regular procedures for zoning applications.

b.

Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

(g)

Pre-application review of PUD. Prior to submission of an application for rezoning to a planned unit development (PUD), the applicant shall submit to the director of community development a freehand pencil sketch plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The applicant should discuss with the director the procedure for adopting a PUD and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. The intent of the pre-application review is to ascertain whether the development is feasible as proposed and to expedite and facilitate the approval of a PUD master plan.

(h)

Application for rezoning or PUD master plan; submission requirements. The PUD application for rezoning shall be filed in accordance with regular procedures and on the application forms of the city. Ten copies of the PUD master plan shall be submitted with the application for rezoning and shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this code. The application shall be accompanied by the payment of a fee in the amount provided in the city fee schedule.

(1)

The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but not less than the minimum required for preliminary plats in the subdivision regulations. It shall show the following:

a.

Location of proposed land uses, residential densities and structures;

b.

Location of collector streets within the PUD and adjacent arterial streets;

c.

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;

d.

Location and approximate size of proposed open space and recreation areas in landscaping;

e.

Areas where access to streets will be limited and location of driveways where appropriate;

f.

Design of all off-street parking facilities with design of ingress and egress; and

g.

Any other pertinent information necessary for review, approval, and administration of the PUD as determined by the director of community development. This could include but is not limited to showing the location of oil wells, towers, or private utilities.

(2)

The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:

a.

Title of PUD;

b.

List of owners and developers;

c.

Statement of the general location and relationship to adjoining land uses; both existing and proposed;

d.

Description of the PUD concept, including an acreage or square foot breakdown of and use areas and densities proposed, a general description of proposed building use types, proposed restrictions and typical site layouts;

e.

The existing PUD zoning districts in the development area and surrounding it;

f.

A list of all special development regulations or the conventional zoning district regulations which will be applicable;

g.

A statement on the existing and proposed streets, including right-of-way standards and street design concept;

h.

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

i.

A topographic map with minimum two-foot contour intervals;

j.

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

k.

A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will be private;

l.

The proposed densities, and the use types and sizes of structures;

m.

A description of the proposed sequence of development; and

n.

If there is no plat required or if other methods authorized in the subdivision regulations are appropriate, then paragraphs (1) and (2) of Section 1101.10(A) shall be submitted and approved as part of the PUD master plan at the time of rezoning.

(i)

Preliminary plat. Upon approval of the PUD master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where there is a recorded plat and where there will be no extensive easements, no property owner's association, no plat restrictions, and no sales of lots, which do not conform to the platted lot lines, the planning commission may waive the platting requirements.

(j)

Final plat. Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the subdivision regulations. In addition to these procedures, the final plat shall include:

(1)

Provisions for the ownership and maintenance of common open space. The open space may be dedicated to a private association or to the public provided that dedication to the public shall not be accepted without the approval of the city council.

(2)

A homeowner's or property owner's association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas;

(3)

Covenants shall be submitted to reasonably insure the continued compliance with the approved PUD master plan. In order that the public interest may be protected, the city shall be made a beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, maintenance of common facilities, and access. Such covenants shall provide that the city may enforce compliance therewith.

(k)

Plot plan. A plot plan shall be submitted upon the application for building permit and reviewed in accordance with procedures outlined in these regulations.

(l)

Planned unit development review and approval.

(1)

Design review.

a.

All planned unit development applications shall be reviewed through the design review process. Upon receipt of a completed application and application fee for PUD master plan review, the director of community development shall transmit the application and all supporting materials to the various city departments involved with the design review process and to appropriate officials or agencies of the city, county, adjoining counties or municipalities, schools and special districts, and other official bodies as deemed necessary or as mandated by law, including any review required by regional or state bodies under applicable state or federal law. Each participant shall consider all pertinent information, and shall provide the director with a report of their findings, comments, and recommendations.

b.

After receiving all comments, the director shall advise the applicant whether or not significant changes or modifications should be made to the PUD master plan application prior to the proposal's consideration by the planning commission. The applicant may choose to present the application to the planning commission without modification.

c.

This process shall conform to the design review process in this chapter. Where a preliminary plat and PUD master plan are submitted together, they may be reviewed concurrently.

(2)

Approval.

a.

Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to the ordinance and become a part of the official records of the city.

b.

The PUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the approved master development plan map for signature by the chairman of the planning commission, the mayor and attested by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the planning department.

c.

Public hearings. Public hearings shall be required prior to approval of the PUD master plan. Notice shall be provided in accordance with regular procedures established by these regulations.

(m)

Modification and minor amendments.

(1)

The director of community development shall be permitted to approve minor amendments and adjustments to the PUD master plan provided the following conditions are satisfied:

a.

The project boundaries are not altered.

b.

Uses other than those specifically approved in the PUD master plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered.

c.

The allocation of land to particular uses or the relationship of uses within the project are not altered by more than 15 percent.

d.

The density of housing is not increased by more than ten percent or decreased by more than 30 percent.

e.

The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.

f.

Floor area, if prescribed, is not increased or decreased by more than ten percent.

g.

Floor area ratios, if prescribed, are not increased.

h.

Open space rations, if prescribed, are not decreased.

i.

Height restrictions, yard requirements, lot coverage restrictions and other areas, height, and bulk requirements prescribed in the PUD master plan are not substantially altered.

j.

The circulation system is not substantially altered in design, configuration, or location.

k.

The design and location of access points to the project are not altered either in design or capacity.

(2)

The director of community development shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the director finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

(n)

Reversion.

(1)

Property owner request.

a.

If the property owner decides to revert the PUD concept and nullify the PUD master plan, he shall make application for rezoning either to the original status or to a new classification. The application shall be heard according to regular procedures by the planning commission and city council.

b.

If the PUD was developed using a private street program, then the existing street shall be upgraded to current street standards prior to revision of the PUD concept.

(2)

Continuing review by city. If development of the PUD has not been started within three years of the date of approval of the PUD master plan, the director shall request a report from the applicant/owner to determine the status of the project. Such additional requests shall be made every three years. Failure of the property owner to submit a report within 30 days after the request shall constitute a violation of this chapter. A violation of this chapter is deemed a misdemeanor and shall be punishable by fine as per city Code.

(Code 2012, § 16-4-19; Ord. No. 97-16, 8-18-1997)

(a)

General description. The Historic Downtown Urban Center is an overlay district encompassing the core of the historic downtown district of the city, which serves as a shopping and employment area for the city and the surrounding area. This district is intended to provide for general business uses such as retailing of all kinds, professional offices, financial institutions, restaurants, and residential facilities. Land uses deemed as incompatible to the desired commercial mix are prohibited uses. The underlying zoning provisions shall prevail, unless the provisions contained in this article are more restrictive, in which case, the overlay district regulations shall prevail.

(b)

District boundaries. The historic downtown urban center is bordered on the east by the railroad, on the south by the alley between Kansas Avenue and Colorado Avenue, on the west by 7th Street, and on the north by the alley between Choctaw Avenue and Pennsylvania Avenue, also described as follows: Beginning at the intersection of 7th Street and the alley between Kansas Avenue and Colorado Avenue, thence north to the intersection of 7th Street and the alley north of W. Choctaw Avenue, thence east to the Union Pacific Railroad (formerly Oklahoma, Kansas and Texas Railway and the Chicago, Rock Island and Pacific Railroad), thence southeasterly along the railroad right-of-way to the intersection of the railroad and the alley south between Kansas Avenue and Colorado Avenue, thence west along said alley to the point of beginning.

(c)

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

Architectural resources means districts, structures, buildings, monuments, and sites that possess historic interest or artistic merit, or which are particularly representative of their class or periods or represent achievements in cultures, architecture, engineering technology or design.

Façade means the face or exterior of a building, especially an exterior facing the street and having decorative architectural details, and related structures.

Historic district means a geographically definable area as designated by ordinance of the city council which may contain one or more significant landmarks and which may have within its boundaries other property or structures while of such historic and/or architectural significance to be designated as landmarks, nevertheless, contribute to the overall visual characteristics of the district.

Landmark means an individual structure, building, site or monument, which contributes to the historic architectural or archaeological heritage of the city and is worthy of rehabilitation, restoration and/or preservation.

Preservation means the adapted use, conservation, protection, reconstruction, restoration, or rehabilitation or stabilization of sites, buildings, districts, structures, monuments or other resources significant to the heritage of the people of the city.

(1)

Adaptive use means the alteration of a historic or architectural resource to accommodate uses for which the resources were not originally constructed in such a way in which to maintain the general historic character.

(2)

Conservation means the sustained use and appearance of a resource essentially in its existing or restored state.

(3)

Protection means maintaining the security and integrity, as it exists, or establishment of the mechanism of this article.

(4)

Reconstruction means the process of replication, or reproducing by new construction all or part of the form and detail of resources as it appeared at a specific period of time.

(5)

Rehabilitation means the process of returning the historic or architectural resources to the state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource.

(6)

Restoration means the process of accurately replicating or recovering all or part of the form and detail of the resource as its setting at a particular period of time by means of removal of later work and the replacement or duplication of missing earlier work.

(7)

Stabilization means the process of applying measures designed to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form, as it presently exists without noticeably changing the exterior appearance of the resource.

(8)

Structure means anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground; this includes but is not limited to buildings, fences, walls, driveways, sidewalks, parking areas and signs.

(9)

Ordinary maintenance and repairs means any work for which a building permit or any other city permit or certificate is not required and where the purpose is stabilization, and further where such work will not noticeably change the exterior appearance of the resource.

(d)

Purpose and intent. The creation of the historic downtown urban center is intended to promote the historical, architectural, cultural, economic and aesthetic features of the central business district. Therefore, it is hereby declared that the purposes of this district shall be as follows:

(1)

To preserve, protect, enhance, and perpetuate those structures which reflect the outstanding elements of the city's cultural, artistic, social, economic, political, architectural, and historic heritage as identified by the city council.

(2)

To stabilize and improve the aesthetic and economic vitality and values of such structures.

(3)

To sustain the character and integrity of the central business district by focusing special attention on the maintenance of the physical environment.

(4)

To prevent economic obsolescence and to promote reinvestment by fostering stable property values.

(5)

To foster the harmonious and orderly growth, development and redevelopment of the central business district and to provide jobs and promote tourism for the city.

(e)

Permitted and prohibited uses and structures.

(1)

Permitted use: Property and buildings located in the historic downtown urban center shall be used only for the following uses:

a.

Any uses permitted by right in the C-1 or C-2 commercial districts except those listed under prohibited uses in this section.

(2)

Uses permitted on review. Any establishment that offers, or intends to offer, for sale or consumption any type of alcoholic or nonintoxicating beverage.

a.

Any restaurant, which has the primary purpose of serving food to the public, and which offers as a part of its menu for consumption on the premises any nonintoxicating beverage as defined by the statutes of the state.

b.

Tavern or bottle club.

c.

Liquor store.

d.

Residential.

(3)

Prohibited uses.

a.

Adult entertainment establishments.

b.

Alcohol and drug treatment centers, residential.

c.

Bingo parlors.

d.

Blood banks.

e.

Detention centers, forced.

f.

Mental health facilities, transitional.

g.

Mobile home sales and service.

h.

Pari-mutuel betting, either as a primary use or an accessory use.

i.

Shelters, emergency, for victims of domestic violence, or for dependent and neglected children.

j.

Storage warehouse.

(4)

Prohibited structures. Metal buildings, either premanufactured or site-build, unless the exterior of such building is constructed of a masonry or similar material that is compatible with the character and integrity of the architectural style prevalent in the overlay district. This determination shall be made by the code administrator.

(f)

Incentive grant program. The city council is authorized to establish an incentive grant program to promote economic development of the city through the preservation of facades of structures in the historic downtown urban center. The incentive grant program shall provide for grants to partially cover the cost of preserving the facades of structures in the historic downtown urban center determined by the city council to have significant historic and/or architectural significance for the city and to be appropriate for the purposes of this article.

(Code 2012, § 16-4-20; Ord. No. 2007-14, 12-3-2007; Ord. No. 2015-12, § 1, 10-19-2015; Ord. No. 2016-23, § I, 10-3-2016; Ord. No. 2022-24, § I, 9-19-2022)