(a)

These regulations have been based upon the comprehensive plan for the city. The comprehensive plan included estimates of population growth, land use surveys, a land use plan, plans for major thoroughfares, other transportation facilities, community facilities, public services and utilities, and a public works program.

(b)

Need for public services and facilities in both size and location depends upon the character and intensity of land use. Regulation of the use of land is thus fundamental to a coordinated optimum physical development of the community. The land use regulations are intended to be the foundation of the entire process of improvement of the physical environment.

(c)

The regulations are intended to preserve and protect existing property uses and values against adverse or unharmonious adjacent uses.

(d)

The land use regulations divide the area into a number of zoning districts:

(1)

Because of poor drainage, steep slopes and other adverse natural conditions, some land areas should be kept in their natural state. These would be placed in a conservation district.

(2)

In the past, residential neighborhoods have deteriorated because they were invaded by small, isolated commercial uses and by more intensive residential uses such as duplexes or apartment buildings. The great majority of our population desire to, and do, live in single-family homes which they own and which are located on fairly large lots. The regulations establish residential districts particularly designed to provide maximum protection for single-family homes.

(3)

Other residential districts are established for two-family homes and for apartments. Density, yard, and parking regulations would ensure good living conditions in these areas. Much of present-day building is by large projects instead of lot by lot. The regulations provide for large-scale developments (ten acres or more) which may be located in any residential district with approval of the site plan and with conformity of the plan to the overall density standards of the district. This introduces an important measure of flexibility into the regulations.

(4)

Commercial districts recognize the different types of commercial areas that will be needed by the future growth of the community. There is a zoning district for the neighborhood commercial area (i.e., the grocery store/drugstore complex) serving the adjacent residential neighborhoods. For the more widely used commercial areas along major streets and highways, there is a general commercial district and a special planned district for the shopping centers.

(5)

For industry there are two districts: a light industrial district for no obnoxious manufacturing, and a general industrial district.

(6)

The regulations emphasize character as well as location and density of the land uses. Special inducements are offered for good design of apartment areas. Landscape planting is required in all front yards and for automobile filling stations, parking lots and garages. Advertising is carefully controlled.

(7)

The regulations are reasonable in relation to existing conditions. Yard dimensions are adjusted to peculiarities of existing lots. Lots that are now too small may be used. Nonconforming uses are permitted to continue for adequate time periods.

(8)

All uses are required to provide their own off-street parking (with a few exceptions). Over a period of years, enforcement of this requirement will enable streets to be used primarily for traffic movement.

(9)

Each of the regulations has been designed to work harmoniously with the others with the totality providing that minimum degree of land use control essential to the realization of the optimum urban environment.

(Ord. No. 1787-2019, art. I, § 1B, 2-11-2019)

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

Accessory building means a subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Accessory carport means a covered structure not attached to the main building, entirely open on a minimum of two sides, and incidental to the main use of the building.

Accessory use means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Advertising device means banners affixed on poles, wires, or rope and streamers, wind-operated devices, flashing lights and other similar devices.

Agricultural activity means agricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur-bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses, such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving of electromagnetic waves.

Apartment. See Dwelling unit.

Automobile service station means any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.

Basement means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

Board means the board of appeals established in section 64-301.

Boardinghouse means a building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.

Buildable width means the width of the lot left to be built upon after the side yards are provided.

Building means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. The term "building" includes the terms "structure" and "premises."

Building, height of, means the vertical distance from the grade to the highest point of a flat roof; the deck line of a mansard roof; or the average height between eaves and ridge for gable, hip, and gambrel roofs.

Building inspector means the individual designated to administer the zoning ordinance and who is responsible for the enforcement of the regulations imposed by this chapter.

Cellar means that part of a building having more than one-half of its height below the average grade of the adjoining ground.

Clinic means an establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

Club means buildings and facilities owned or operated by a corporation, association, or person for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Commercial feed lot means an area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.

Commission means the city planning and zoning commission.

Conditional use means a use allowed in a zoning district after a permit is granted by the city council according to provisions of section 64-307.

Court means an open space more than one-half surrounded by buildings.

District means a part of the city wherein regulations of this chapter are uniform.

Dwelling meansany building or portion thereof which is designed and used exclusively for residential purposes.

Dwelling, multiple, means a building designed for or occupied exclusively by three or more families.

Dwelling, single-family, means a building designed for or occupied exclusively for one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families.

Dwelling unit means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.

FAA means the Federal Aviation Administration.

Family means one or more persons occupying a dwelling unit as a housekeeping organization, but not more than five individuals not related by blood, marriage or adoption.

Farm. See Agricultural activity.

FCC means the Federal Communications Commission.

Fence means a structure for enclosure or screening.

Floor area means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. The term "floor area" does not include porches, garages, or space in a basement or cellar when the basement or cellar space is used for storage or incidental uses.

Floor area ratio means the floor area of the building divided by the area of the lot.

Frontage means all the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.

Garage, private, means a detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.

Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop, nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

Garage, storage, means any building or premises used for housing only motor-driven vehicles other than trucks and commercial vehicles.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Home occupation means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or lodging house as herein defined.

Institution means a nonprofit establishment for public use.

Kennel means an establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.

Landscaped area means an area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.

Loading space means a space within the main building or on the same lot for the standing, loading, or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.

Lodginghouse or roominghouse. See Boardinghouse.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, open spaces and parking spaces required by this chapter, and having its principal frontage upon a road or street. The term "lot" includes the terms "plot" and "parcel."

Lot, corner, means a lot abutting upon two or more streets at their intersections.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.

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

Lot of record means a lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this chapter.

Lot width means the width of a lot at the front yard line.

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the federal secretary of housing and urban development and complies with the standards established under USC title 42. The term "manufactured home" includes the term "mobile home."

Manufactured home park or court means an area where one or more inhabited or habitable manufactured homes can be or are intended to be parked.

Marijuana ormarihuana means cannabis indica, cannabis sativa, and cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. The term "marijuana" or "marihuana" does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

Marijuana-infused products means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

Medical marijuana cultivation facility means a facility licensed by the state to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary facility means a facility licensed by the state to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana- infused projects manufacturing facility.

Medical marijuana-infused products manufacturing facility means a facility licensed by the state to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.

Medical marijuana testing facility means a facility certified by the state to acquire, test, certify, and transport marijuana.

Motel, motor court, motor lodge, or tourist court means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use means the lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.

Nursing home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Open area means that part of a lot on which no part of a building or structure extends above the following elevations:

(1)

Two feet above the highest curb elevation of the street or streets that bound the lot.

(2)

One foot above the adjacent curb elevation for each 1¼ foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.

Parking space means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile not less than nine feet wide and 20 feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.

Premises means a lot together with all buildings and structures thereon.

Recreation vehicle means a motor home, mobile home, house trailer, truck camper, travel trailer, boat, jet ski and all water craft; and any pickup, bus or vehicle converted to a recreation vehicle.

Sign means an identification, description, illustration, or device which is affixed to, or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business.

Ground sign means any sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two or more uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building.

Marquee sign means any sign affixed to a marquee over the entrance to a building and supported from the building.

Post sign means any letter, word, model sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.

Roof sign means any sign erected, constructed or maintained upon the roof of any building.

Wall sign means any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building.

Sign area means the total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign shall have twice the total area of a single-faced sign.

Standard shrub means a standard shrub is any bush or small evergreen tree occupying a space of at least 18 cubic feet.

Standard tree means a standard tree is a tree with a minimum caliper of 2½ inches, ten to 12 feet high, of a deciduous hardwood variety normally capable of attaining a 25-foot spread when the tree is 20 years old.

Street means a public way which affords the principal means of access to abutting property.

Street centerline means the street centerline is a line halfway between the street lines.

Street line means a dividing line between a lot and a contiguous street.

Structural alteration means any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, the term "structure" includes buildings, walls, fences, and signs.

Telecommunications facilities means the towers, antenna, alternative tower structures, support structures, cables, wires and other equipment necessary for telecommunication.

Tourist home means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular phone tower, alternative tower structures, and the like.

Townhouse means a building that has single-family dwelling units erected in a row as a single building on adjoin ng lots, each being separated from the adjoining unit or units by a masonry party walls or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.

Trailer or mobile home means a vehicle equipped for use as a dwelling and designed to be hauled along a highway.

Trailer or mobile home court means an area where one or more inhabited trailers can be or are intended to be parked.

Used or occupied includes the terms "intended," "designed" and "arranged to be used or occupied."

Yard means an open space, other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front, means a yard extending across the entire width of the lot, unoccupied other than by plantings, steps, walks, terraces, driveways, lampposts, other similar structures, and any other allowances identified in adopted ordinances, the depth of which is the least distance between the front lot line and building line. On the corner or multi-frontage lots, the true front is the street front with the least lot line distance.

Yard, multiple fronts, means a yard which abuts two or more streets extending across the entire width of the lot, the depth of which is the least distance between the front lot line and building line. Front yard setbacks apply to all fronts unless otherwise allowed by ordinance.

Yard, rear, means a yard extending across the entire width of the lot, the depth of which is the least distance between the rear lot line and building line. The rear yard shall always be opposite to the true front yard.

Yard, side, means a yard between the main building and the sideline of the lot, and extending from the front yard line to the rear yard line.

Yard, true front, means a front yard with the least lot line dimension. Exception: The owner shall have the option to choose which yard is designated as the front yard on multiple frontage lots. Once chosen, the front shall remain designated until such time a request to change it is made and verification is made by the building and planning director such a change will be compliant with current ordinances.

Yard width and depth means the shortest horizontal distance from a lot line to the main building.

(Ord. No. 1787-2019, art. III, § 10, 2-11-2019; Ord. No. 1793-2019, § 1, 5-13-2019; Ord. No. 1988-2025, § 1, 4-28-2025)

(a)

Districts. The city is hereby divided into three types of districts:

(1)

R Districts: Residential.

(2)

C Districts: Commercial.

(3)

M Districts: Industrial.

The three types of districts are further divided into the following specific districts:

(b)

District boundaries.

(1)

The boundaries of the districts are shown upon the map and made a part hereof, which map is designated as the district map. The district map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the city clerk.

(2)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(3)

All territory which may hereafter be annexed to the city, shall automatically be placed in the most restrictive RS Residential District, until otherwise changed by ordinance.

(Ord. No. 1787-2019, art. I, § 2, 2-11-2019)