The ordinance from which this chapter is derived was adopted for the purposes of:

(1)

Protecting and promoting the public health, safety, morals, comfort, convenience and general welfare.

(2)

Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land.

(3)

Promoting orderly development of the residential, business, industrial, recreational and public areas.

(4)

Providing adequate light, air, and convenience of access to property.

(5)

Limiting congestion in the public right-of way.

(6)

Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.

(7)

Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.

(Code 2001, § 16.02)

Definitions for specific land uses can be found in sections 40-77 through 40-82. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means the use or structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.

Alley means a public right-of-way which affords secondary access to abutting property.

Apartment means a room or suite of rooms with cooking facilities available which is occupied as a residence by a single-family. The term "apartment" includes dwelling unit and efficiency unit.

Balcony means a platform that projects from the wall of a building and is enclosed by a parapet or railing. A balcony cannot project into a required front or side yard.

Basement means a portion of a building located partially underground but having less than one-half its floor to ceiling height below the average land grade.

Boardinghouse (rooming orlodging) means a building containing lodging rooms accommodating, for compensation, three or more persons, but not exceeding 12, who are not the keeper's family. Lodging may be provided with or without meals.

Building means any structure which is built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind which is permanently affixed to the land.

Building height means a distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof to the neckline of a mansard roof, to the uppermost point on all other roof types.

Business means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

Cellar means that portion of a building having more than one-half of the floor to ceiling height below the average land grade.

City plan means a set of maps, data, reports, documents, and other material maintained by the plan commission which combine to form the comprehensive plan of the city.

Club orlodge means a club or lodge is a nonprofit association of persons, who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

Deck means a structure, not walled or roofed, usually attached to or part of and with direct access to or from a building. A deck cannot extend onto a required front or side yard.

Dwelling unit means a residential building or portion thereof intended for occupancy by a family but not including hotels, motels, nursing homes, seasonal cabins, boarding or roominghouses, tourist homes, mobile homes, recreation vehicles, garages, tents, cellars, basements on unfinished homes or basements unless they are specifically designed for such use through proper damp proofing, fire protecting walls, and meets other requirements as may be imposed by the building and housing codes.

Dwelling unit, attached, means a dwelling unit which is joined at one or more sides by a party wall or wall.

Dwelling unit, detached, means a dwelling unit which is entirely surrounded by open space on the same lot.

Dwelling unit, efficiency, means a dwelling unit in which eating, kitchen, living and sleeping space is combined in a single room.

Family means an individual, or two or more persons related by blood, marriage or adoption living together, or a group of not more than five persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants.

Floor area means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or professional offices. However, the term "floor area" does not include basement floor area other than area devoted to retailing activities, the production of processing of goods, or to business or professional offices. The floor area of a residence shall include 50 percent of the area of attached garages, and 25 percent of enclosed breezeways or porches, but shall not include basement area.

Hotel means a building which provides a common entrance, lobby, halls and stairway and in which lodging is offered with or without meals to 13 or more guests.

Lodging room means a room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

Lot means a parcel of land, whether subdivided or otherwise legally described as of the effective date of the ordinance from which this chapter is derived or approved by the city as a lot subsequent to such date and which is occupied or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.

Lot, corner, means a lot situated at the junction of and abutting on two or more intersection streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot, front, means, for the purposes or complying with this chapter, that boundary abutting a public right-of-way having the least width. The owner of a corner lot may select either street lot line as the front lot line subject to approval by the building inspector.

Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for purposes of this chapter.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot width means the mean horizontal distance between the side lot lines at the front setback line.

Manufactured home means a structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425.

Mobile home means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid un-collapsible construction, which has an overall length in excess of 45 feet. The term "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

Modular home means any structure or component thereof which is intended for use as a dwelling and is of closed construction and fabricated or assembled onsite or offsite in manufacturing facilities for installation, connection, or assembly and installation, at the building site or is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer.

Motel (tourist court) means a building or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings each of which has separate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit and which is designed, used or intended to be used primarily for the accommodation of automobile transients. Each unit shall not be less than 600 square feet in area.

Nonconforming use means any building, structure of land lawfully occupied by a use or lawfully established at the time of the passage of this chapter or amendments thereto which does not conform, after the passage of this chapter or amendments thereto, to the use regulations herein.

Off-street loading space means a space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one vehicle of the type typically used in the particular business.

Open space means pervious surface areas of a lot such as grass, natural areas, landscaped areas, and surface water. The term "open space" excludes impervious areas including roofed structures, asphalt, concrete, paved areas, decks, patios, driveways, sidewalks, swimming pools, etc.

Parking space means a suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.

Patio means a terrace extending not more than six inches above the average level of the ground at its margins, provided that no fixed walls or roof shall be erected on or over any patio or similar structure that is located in a required yard.

Porch means a roofed, open area, which may be screened, usually attached to or part of and with direct access to or from a building. A porch becomes a room when the enclosed space is heated or air-conditioned and when the percentage of window area to wall area is less than 50 percent.

Planned unit development means a zoning classification that allows flexibility in the design of a development according to an approved plan.

Principal structure or use means one which determines the predominant use as contrasted to accessory use or structure.

Public means uses owned or operated by municipal, school district, county, state or other governmental units.

Recreation vehicle means a vehicular unit designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, or motor home.

Residential driveway means any impervious surface that leads directly from the street to a garage, carport or rear yard parking area.

Setback means the minimum horizontal distance between a building and street or lot lines. Distances are to be measured from the most outwardly extended portion of the structure.

Shipping container means a shipping container with strength suitable to withstand shipment, storage and handling and designed to be moved from one mode of transport to another without unloading and reloading. A shipping container is a reusable transport and storage unit for moving products and raw materials between locations or countries which are repurposed for other uses. (A shipping container is considered a structure.)

Street means all property dedicated or intended for public or private street purposes or subject to public easements therefore and 21 feet or more in width.

Structure means anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground; including signs. All structures shall be permanently fastened to the ground by an approved method with an approved site plan.

Temporary structure means a structure which is built of such materials and in such a way that would commonly be expected to have a relatively short useful life or is built for a purpose that would commonly be expected to be relatively short-term and not to be habitable. The term "temporary structure" includes canvas or polymer covered structures and moving containers.

Yard, front, means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, setback, means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest level to the sky except as, permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, side, means the yard extending along the side lot line between the front and rear yards to a depth or width required by set-back regulations for the zoning district in which such lot is located.

Yard, street side, means side yard which adjoins a public or private street.

(Code 2001, § 16.04; Ord. No. 1129, 4-5-2016; Ord. No. 1138, 5-16-2017)

All measured distances shall be to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken.

(Code 2001, § 16.03)

(a)

In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health safety, morals, convenience and welfare.

(b)

Where the conditions imposed by any provision of this chapter are either more restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail.

(c)

No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter.

(d)

In any case where there is doubt as to the meaning or intent of this chapter as applied to any proposed use, the building inspector shall submit the application for a building permit or proposal for open land use to the plan commission which shall make a report to the city council; the city council shall determine if a building permit shall be issued or if the open land use may be permitted.

(Code 2001, § 16.05(1), (18); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

(a)

Any structure or use lawfully existing upon the effective date of this chapter may be continued at the site and in a manner of operation existing upon such date except as hereinafter specified.

(b)

Nothing in this chapter shall prevent the placing of a structure in a safe condition when the structure is declared unsafe by the building inspector.

(c)

When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

(d)

When a lawful non-conforming structure is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation, and the nonconforming structure was damaged or destroyed on or after March 2, 2006, it may be reconstructed if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred, without limits on the costs of the repair, reconstruction, or improvement.

(e)

When a lawful non-conforming use of a structure or land is discontinued for a period of 12 months, any future use of the structure or land shall be in conformity with the provisions of this chapter.

(f)

Such non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of the ordinance from which this chapter is derived.

(g)

Any structure which will, under this chapter, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of the ordinance from which this chapter is derived or amendment thereof and continues to completion within two years. Such structure shall thereafter be a legally existing non-conforming structure.

(h)

Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

(i)

Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building.

(Code 2001, § 16.05(3); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

A lot of record existing upon the effective date of the ordinance from which this chapter is derived in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for single-family detached dwelling purposes provided the measurements of such area or width are within 70 percent of the requirements of this chapter, but the lot of record shall not be more intensively developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this chapter.

(Code 2001, § 16.05(4)(a); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Except in the case of planned unit developments, not more than one principal building shall be located on a zoning lot.

(Code 2001, § 16.05(4)(b); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

(a)

No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(b)

No accessory building or structure, unless an integral part of the principal building shall be erected, altered, or moved within five feet of all buildings.

(c)

No accessory building shall exceed the height of the principal building.

(d)

Total accessory buildings shall not exceed 1,200 square feet of floor area in the R-1 and R-2 districts.

(e)

No detached garages or other accessory buildings shall be located nearer the front lot line than the principal building on that lot.

(f)

No accessory buildings shall be located less than three feet from a rear lot line and three feet from a side lot line. This measurement includes overhangs of eaves and any lean-to structure.

(g)

Accessory buildings shall be made of the same or comparable rigid, non-pliable material as the principal building.

(h)

A temporary structure may not be standing for more than 30 days.

(i)

Shipping containers are allowed in residential districts for a temporary period not to exceed 45 days. Containers must be placed off-street and on an impervious surface. PERMIT REQUIRED. Repurposed shipping containers that meet state and city requirements are allowed in commercial and industrial zoning districts.

(Code 2001, § 16.05(5); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017; Ord. No. 1204, § 1, 11-15-2022; Ord. No. 1210, § 1, 6-20-2023)

(a)

Reduction in area and dimension. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.

(b)

Yard, open space and minimum lot area requirement. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other buildings.

(c)

Yard and setback requirements of encroachments. The following shall not be considered to be encroachments on yard and setback requirements:

(1)

In any yard. Architectural features attached to the principal building, but not extending more than four feet beyond the required setback line, including posts, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, open terraces, awnings, open canopies, open-air balconies (suspended from the building), steps, railings, chimneys, flag poles, and open fire escapes.

(2)

In any yard. Sidewalks, driveways, and off-street open parking spaces.

(3)

In rear yards. Recreational and laundry drying equipment, open arbors and trellises, balconies, breezeways, porches, decks, and temporary swimming pools, provided that the accessory structure setback requirements are met.

(Code 2001, § 16.05(6); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Except in the central business district, no fences, structures or planting shall be permitted within any yard areas on a corner lot which shall interfere with the visibility across the corner within 15 feet of the intersecting street right-of-way lines.

(Code 2001, § 16.05(7); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Essential services shall be permitted as authorized and regulated by state law and ordinances of the city, it being the intention that such are exempt from the application of this chapter.

(Code 2001, § 16.05(8); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Annexed territory shall be placed in the "R-C" district until such time as a detailed study determining its proper use district is undertaken.

(Code 2001, § 16.05(9); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Under this chapter, land reclamation is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only by special use permit in all districts. Any lot or parcel upon which 400 cubic yards or more of fill is to be deposited shall be land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, and for control of materials disbursed from wind or hauling of material to or from the site.

(Code 2001, § 16.05(10); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

The extraction of sand, gravel, or other material from the land in the amount of 400 cubic yards or more and removal thereof from the site without processing shall be mining. In all districts, the conduct of mining shall be permitted only upon issuance of a special use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites.

(Code 2001, § 16.05(11); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

The operation of processing sand, gravel, or other material mined from the land shall be permitted only by special use permit. Such special use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, and such permit shall be granted for a specified period.

(Code 2001, § 16.05(12); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Before any dwelling unit of more than 600 square feet is moved into a vacant lot, a manufactured or relocated home permit must be secured, as follows:

(1)

Plan commission report; authority of city council to decline issuance. The plan commission shall report to the city council whether the structure will be compatible with other development in the area. If the city council concurs with the decision of the plan commission that a structure would depreciate the area into which it is to be moved, the city council may withhold issuance of a permit for such relocation.

(2)

Report of public works director. The public works director shall submit a report concerning structural soundness and improvements that should be made if the building is relocated.

(3)

Photographs required; exception. The applicant shall submit photographs taken from two or more angles of the structure to be moved and photos of the lot on which the structure is to be located together with adjacent lots and structures. These requirements do not apply to construction sheds or other temporary structures to be located on a lot for 18 months or less.

(4)

Cash or surety bond required. Before a permit is issued to move any building over any public way in the city, the party applying therefore shall give a $25,000.00 performance bond or a $10,000.00 cash deposit to the city clerk. The bond is to ensure that the permittee erects adequate barriers around the excavation exposed by the removal of the building from its foundation. Such bond or cash deposit is to be returned upon meeting the requirements of this chapter to the satisfaction of the public works director. Should the conditions set forth in this section not be met by the permittee, the public works director shall have the same done to his satisfaction, charging the cost thereof to the performance bond or cash deposit.

(5)

Liability insurance required. The public works director shall require, in addition to the bond, public liability insurance covering injury to one person in the sum of not less than $300,000.00 and for one accident in a sum not less than $500,000.00, together with property damage insurance in a sum not less than $50,000.00.

(6)

Moving to be continuous. When a permit is issued, the movement of the building shall be a continuous operation during all hours of the day and night until such movement is fully completed.

(7)

Notice of completion; inspection of route; repair of damages. Every person receiving a permit to move a building, shall within one day after the building reaches its destination, report to the public works director who shall inspect the streets and highways over which the building has been moved and ascertain their condition. If any damage is reported, the person to whom the permit was issued shall forthwith place them in good repair as they were before the permit was granted. On the failure of the permittee to do so within ten days thereafter to the satisfaction of the public works director, the public works director shall authorize to have the repairs of such damage done to city owned property and shall hold the permittee responsible for the payment of same from his bond or cash deposit.

(8)

Time for completion of building; failure to timely complete. Every person receiving a permit to move a building shall, within six months after the building reaches its destination, have the building complete and habitable if it is a home or complete and usable if it is a structure other than a home, to the satisfaction of the director. Failure to do so shall constitute a nuisance and the director shall proceed with abatement or remove the nuisance. The cost of such abatement shall be charged against the bond or cash deposit.

(Code 2001, § 16.05(13); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

The zoning of any street, alley, easement, or public way that is vacated by official action shall be the same as the property the area lies within.

(Code 2001, § 16.05(14); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

All buildings hereafter erected upon un-platted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land planning.

(Code 2001, § 16.05(15); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

No cellar, basement of unfinished home, garage, tent, trailer, or accessory building shall at any time be used as a dwelling unit except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire protecting walls and other requirements as may be imposed by the building and housing codes.

(Code 2001, § 16.05(16); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

No existing lot shall contain any building used as a dwelling unless it abuts at least 20 feet on a public street.

(Code 2001, § 16.05(17); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

Except as provided for, no building or premises may be devoted to uses other than those indicated as permitted uses according to provisions of this chapter.

(Code 2001, § 16.05(19); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)

(a)

All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a conditional use permit in order that the city council may have assurance that fire, explosion, or water contamination hazards are not present that would be detrimental to the public health, safety and general welfare.

(b)

All existing, aboveground liquid storage tanks having a capacity in excess of 270 gallons shall secure a conditional use permit within 12 months following enactment of the ordinance from which this chapter is derived; the city council may require the developments of dicing around the tanks, suitably sealed, to hold a leakage capacity equal to 115 percent of the tank capacity.

(c)

Any existing storage tank that in the opinion of the city council constitutes a hazard to the public safety shall discontinue operations within five years following enactment of the ordinance from which this chapter is derived.

(Code 2001, § 16.05(20); Ord. No. 1089, 6-19-2012; Ord. No. 1138, 5-16-2017)