The following regulations apply in all nonresidential districts set out in this article:

(1)

Uses. In addition to those uses shown as permitted, special exceptions uses and conditional uses in Table 5-1, the following use regulations apply:

a.

Permitted uses. In addition to those shown as permitted by right in Table 5-1, the following uses are permitted:

1.

Accessory structures customarily incidental to a permitted principal use.

b.

Conditional uses. Conditional uses must be approved by the planning commission in accordance with section 62-172, conditional use review and approval. In addition to those uses shown in Table 5-1 as conditional uses, other uses determined by the commission to be within the spirit or intent of the zoning district, may be permitted as conditional uses.

c.

Prohibited uses. The following are prohibited:

1.

Curbside selling of any type.

2.

Manufactured homes and manufactured home parks.

3.

Campgrounds.

4.

Off-street parking and loading areas for uses not permitted in the applicable district.

5.

Similar uses which are not within the spirit or intent of the zoning district, as determined by the commission.

(2)

Area and dimensional requirements. See Table 5-2.

(Ord. No. 2020-16, § 5.01, 3-16-2020)

(a)

Purpose. The B-1 District is intended to provide for the most frequent daily needs of an immediate residential neighborhood. The district regulations are designed to protect the character of the area and to encourage further appropriate development with a mixture of existing residential units and light commercial uses.

(b)

Use regulations.

(1)

Retail and restaurant uses developed after the effective date of the ordinance from which this chapter is derived may not exceed 10,000 square feet in gross floor area.

(Ord. No. 2020-16, § 5.02, 3-16-2020)

(a)

Purpose. The B-2 District is designed to accommodate the development of a wide range of commercial business and service required by the residents of the city and surrounding areas.

(b)

Use regulations.

(1)

Not more than 50 percent of the floor space of a retail or wholesale business or service may be used for warehousing.

(2)

Manufacturing incidental to retail business where articles are sold at retail on the premises may only be permitted as a conditional use.

(Ord. No. 2020-16, § 5.03, 3-16-2020)

(a)

Purpose. The B-3 District is designed for business that, by its nature, requires more warehousing, parking, loading and unloading space than is required by the B-2 General Business District.

(b)

Use regulations.

(1)

Not more than 80 percent of the floor space of a retail or wholesale business or service may be used for warehousing.

(2)

Manufacturing incidental to retail business where articles are sold at retail on the premises may only be permitted as a conditional use.

(3)

Truck stops may only be developed on properties located within 1,000 feet of an interstate interchange and require conditional use approval by the commission.

(Ord. No. 2020-16, § 5.04, 3-16-2020)

(a)

Purpose. The CBD District is designed to promote a convenient pedestrian shopping area by encouraging continuous retail frontage in a concentrated area supported by a mix of other commercial activities and upper-story residential uses.

(b)

Use regulations.

(1)

No more than 50 percent of the floor space of a retail or wholesale business or service may be used for warehousing.

(2)

Manufacturing incidental to retail business where articles are sold at retail on the premises may only be permitted as a conditional use.

(Ord. No. 2020-16, § 5.05, 3-16-2020)

Purpose. The INST District is intended for a range of institutional uses subject to standards to assure compatibility with adjoining uses often within other zoning classifications.

(Ord. No. 2020-16, § 5.06, 3-16-2020)

(a)

Purpose. The M-1 District is intended for a limited range of light industrial activities which, by their nature, are not obnoxious, offensive or detrimental to any surrounding properties by reason of noise, smoke, gas, vibration, fumes, dust, fire, and explosive hazard or nuisance.

(b)

Use regulations.

(1)

Conditional uses. In accordance with Table 5-1, the following and similar general manufacturing and industrial uses are conditional uses:

a.

Concrete manufacturing plants.

b.

Food processing plants.

c.

Lumber mills and open storage of building materials.

d.

Concrete block manufacturing plants.

(2)

Prohibited uses. The uses identified in Table 5-3 are expressly prohibited.

(3)

Sorting and similar operations of recycling plants must be within a fully enclosed structure.

(Ord. No. 2020-16, § 5.07, 3-16-2020)

(a)

Purpose. The M-2 District is intended for industrial activities which, by their nature, are not obnoxious, offensive or detrimental to any surrounding properties by reason of noise, smoke, gas, vibration, fumes, dust, fire, and explosive hazard or nuisance.

(b)

Use regulations.

(1)

Conditional uses. In accordance with Table 5-1, the following and similar general manufacturing and industrial uses are conditional uses:

a.

Concrete manufacturing plants.

b.

Food processing plants.

c.

Lumber mills and open storage of building materials.

d.

Concrete block manufacturing plants.

e.

Gasoline, gas, oil or alcohol distributorships.

f.

Manufacturing of paint, turpentine or varnish.

(2)

Prohibited uses. The uses identified in Table 5-3 are expressly prohibited.

(3)

Sorting and similar operations of recycling plants must be within a fully enclosed structure.

(Ord. No. 2020-16, § 5.08, 3-16-2020)

(a)

Purpose. The M-1-P Industrial Park District is intended for the development of industrial parks, which are operated as coordinated and integrated facilities for multiple industrial uses, and other uses supportive of and customary to industrial park development. The regulations are intended to limit businesses or operations in industrial parks to those that are not obnoxious, offensive, or detrimental to surrounding properties by reason of noise, smoke, gas, vibration, fumes, dust, fire and explosive hazard or nuisance.

(b)

Conditional uses. In accordance with Table 5-1, the following are conditional uses:

(1)

Contract storage yards.

(2)

Concrete manufacturing plants.

(3)

Food processing plants.

(4)

Lumber mills and open storage of building materials.

(5)

Concrete block manufacturing plants.

(c)

Prohibited uses. The uses identified in Table 5-3 are expressly prohibited.

(d)

Sorting and similar operations of recycling plants must be within a fully enclosed structure.

Table 5-1: Uses Permitted in Nonresidential Districts

P — The use is permitted by right.

E — The use is permitted by right, if existing as of the effective date of the ordinance from which this chapter is derived. New construction of the use is prohibited.

SE — Special exception, requires approval by the ZBA per section 62-184.

C — Conditional use, requires approval by the commission per section 62-172.

A blank cell indicates the use is prohibited in the district.

Table 5-2: Nonresidential District Area and Dimensional Requirements

¹ Or ten feet back from the inside edge of an easement, whichever is greater

² Multifamily buildings must be set back at least 20 feet from front lot lines or ten feet back from the inside edge of an easement, whichever is greater. Nonresidential buildings must be set back so that the front door swing does not extend beyond the front lot line. At intersections, no portion of a building may obstruct motorists' line of sight, which may require the building, or portion thereof, being set back from the lot corner.

³ None is required as long as the provisions of the city building and fire codes are met for the type of construction. A ten-foot setback is required when abutting a residential lot.

⁴ Ten feet for multifamily buildings.

⁵ 25 feet for multifamily buildings.

⁶ The minimum front yard setback is the average of the setbacks of existing buildings on adjoining lots.

Table 5-3: Industrial Uses Prohibited in M Districts

(Ord. No. 2020-16, § 5.09, 3-16-2020; Ord. No. 2021-20, § VII, 2-8-2021; Ord. No. 2022-31, § III, 10-24-2022; Ord. No. 2023-19, § II, 4-17-2023; Ord. No. 2023-29, § III, 8-21-2023; Ord. No. 2024-17, § III, 4-22-2024)