Land and buildings in each of the zoning districts may be used for any of the indicated uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered, or converted, which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located, according to the Section 10.03 Use Chart and in accordance with Section 1.06 Compliance Required/Interpretation/Rules of Construction and the provisions of this ordinance.

Legend for Use Chart within Section 10.02, Use of Land and Buildings:

It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City. If the Director of Public Works is unable to classify the use under one of the existing listed uses, then the director shall initiate a zoning text amendment pursuant to procedures set forth in this ordinance.

10.02.1.

Existence of New and Unlisted Uses. Any use not listed in the Use Chart is prohibited.

Below is a quick reference table that summarizes district regulations. The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located.

(Ord. No. 3934 , § 2, 10-17-2016; Ord. No. 3957 , § 1, 2-6-2018; Ord. No. 4100 , § 4, 9-3-2019)

The following conditional development standards shall apply.

10.05.1.

Applicability. Compliance with the Zoning Ordinance shall apply to all land, buildings, structures or appurtenances located within the City which are hereafter:

■

Occupied;

■

Used;

■

Erected;

■

Altered;

■

Removed;

■

Placed;

■

Demolished; or

■

Converted.

10.05.2.

Compliance with Zoning District. Compliance with the Zoning Ordinance shall apply to all land, buildings, structures or appurtenances located within the City.

10.06.1.

Restrictiveness. Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.

10.06.2.

Abrogation. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

10.06.3.

Cumulative Effect. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.

10.06.4.

Error Correction. In the event that any property or Zoning District set forth on the Zoning District Map as provided in Section 1.04 of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following:

1.

Applicants. The property owner of said tract, the City Council, or the Planning and Zoning Commission may submit an application to the Director to initiate the error correction process.

10.06.5.

Rules of Construction. The language set forth in these regulations shall be interpreted in accordance with the following rules of construction:

1.

Number. The singular number includes the plural, and the plural the singular.

2.

Tense. The present tense includes the past and future tenses, and the future the present.

3.

Mandatory and Permissive Language. The word "shall" and "must" are mandatory while the word "may" is permissive.

4.

Gender Terms. The masculine gender includes the feminine.

5.

Parentheses. Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as the word.

6.

Conflicts. If there is an expressed conflict:

a.

The text of this ordinance controls over the charts or any other graphic display in this ordinance; and

b.

The use regulations control over the district regulations in this ordinance.

10.07.1.

Intent of Provisions.

10.07.1.1.

Existence of Nonconformities.

a.

A Nonconformity describes: The City Council has determined that it is in the best interest of the City for nonconforming uses and structures to be brought into conformance with the Zoning Ordinance at the earliest reasonable time. The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots or structures that do not conform to currently applicable zoning standards or regulations, but that were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

b.

Nonconformities occur in three general categories, or combination thereof:

i.

Nonconforming Uses.

ii.

Nonconforming Structures. A nonconforming structure can have lesser setbacks, yard, or height lot area, or dimension requirement than required by this ordinance.

iii.

Nonconforming Lots. A nonconforming lot can be conforming as to lot area or dimension requirement.

c.

It is the declared intent of this section that nonconforming uses and nonconforming structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

10.07.1.2.

Incompatible Uses. Nonconformities are hereby declared incompatible with the permitted uses in the districts involved.

10.07.2.

Establishment of Nonconforming Status. For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows.

10.07.2.1.

Nonconformities. Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the date of adoption of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered Legal Nonconformities. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this section.

10.07.2.2.

Illegal Status. Those uses, structures, or lots, other than residential accessory buildings, which, in whole or part, are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception are not considered Nonconformities. These uses, structures, or lots are considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and the owners thereof shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.

10.07.2.3.

Time of Adoption. Any use, platted lot, or structure that is a lawful use at the time of the adoption of this Ordinance or any amendment to this Zoning Ordinance that is placed in a district wherein such use, platted lot, or structure is not otherwise permitted shall be deemed legal nonconforming.

10.07.3.

Burden of Demonstrating Nonconforming Status. The burden of establishing that any nonconformity is a legal nonconformity as defined in this section shall be borne by the owner or proponent of such conformity.

10.07.4.

Abandonment of Nonconforming Use or Structures.

1.

A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Director of Public Works or other designee indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six consecutive calendar months. For purposes of calculating the six-month period, a use is abandoned upon the occurrence of the first of any of the following events:

a.

On the date when the use of land is physically vacated;

b.

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

c.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

d.

On the date a final reading of water and/or power meters is made by the applicable utility provider(s).

2.

A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance.

3.

Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

4.

Abandonment of a Nonconforming Use requires proof of intention to abandon.

5.

Unless the nonconforming rights are reinstated pursuant to 2.07.4(1) [11.06], Reinstatement of Nonconforming Rights, and abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

6.

Prohibited Expansion or Reoccupation. A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the adoption date of this Zoning Ordinance, except as provided in 2.07.6 [1.07.6] Expansion of Nonconforming Uses and Structures.

7.

Single-Family Residential Uses.

a.

Conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance adoption date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance as long as the use of the lot is allowed in the respective district.

b.

Only the lot size, depth, width, and setbacks shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Zoning Ordinance shall be met, or the lot shall be considered nonconforming.

8.

Existing Platted Lots are Conforming Lots. Any existing vacant lot platted prior to the Zoning Ordinance adoption date that was legally conforming shall be deemed a conforming lot.

10.07.5.

Changing Uses and Nonconforming Rights.

1.

Nonconforming Use of Conforming Use. Any nonconforming use may be changed to a conforming use, and once a change is made, the use shall not be changed back to a nonconforming use.

2.

Nonconforming Use to Another Nonconforming Use. A nonconforming use may not be changed to another nonconforming use.

3.

Conforming Use In a Nonconforming Structure. Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use by the process outline in 4.06.F [1.07.6], Expansion of Nonconforming Uses and Structures.

10.07.6.

Expansion of Nonconforming Uses and Structures. An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following:

1.

Nonconforming Use Expansion in Existing Building. A Nonconforming Use may be enlarged, increased, or extended within an existing building provided:

a.

No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition.

b.

Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 51 percent of the current replacement value of the building.

c.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

2.

Nonconforming Use Prohibited From Expansion Beyond Existing Building. A Nonconforming Use located within any building shall not be extended to occupy any land outside the building.

3.

Off-Street Loading and Parking. A Nonconforming Use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a Nonconforming Use, except to provide off-street loading or [an] off-street parking space.

4.

Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less than required by this Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling.

5.

Expansion of Nonconforming Structures with Conforming Uses. Buildings or structures that do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent from the date when the building became nonconforming.

6.

Reuse of Nonconforming Structure by Conforming Uses Allowed.

a.

Nonconforming Structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

b.

If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking and fire lane requirements for health, safety, and welfare reasons.

10.07.7.

Restoration of Nonconforming Structures.

1.

Total or Partial Destruction. If a Nonconforming Structure is destroyed by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the Nonconforming Structure cannot be expanded. The construction must comply with all current building codes, and zoning regulations in effect at the time the structure was permitted. The construction must commence within 12 months of the date of destruction. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the structure except in conformance with this ordinance.

2.

If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned.

10.07.8.

Movement of Nonconforming Structures. A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements.

10.07.9.

Completion of Structures. Nothing in this ordinance shall require any change in the plans, construction, or designated use of the following:

1.

Approved Building Permit. A building or structure for which a Building Permit has been issued or a Site Plan approved prior to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance.

2.

Building in the Approval Process. A building or structure for which a complete Application for a Building Permit was accepted by the Director of Public Works or other designee on or before the effective date; provided, however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed.

10.07.10.

Loss of and Reinstatement of Nonconforming Status.

1.

Loss of Nonconforming Rights Status. If the Director of Public Works or other designee determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.

2.

Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

3.

Application for Nonconforming Rights Reinstatement.

a.

The owner or operator of the abandoned Nonconforming Use may submit a writing application to the Board of Adjustment to have the nonconforming rights reinstated.

b.

Written Application for reinstatement of nonconforming rights must be made within ten business days after the Director of Public Works or other designee issues the written notice of determination that a use has been permanently abandoned.

4.

Board of Adjustment Decision. The Board of Adjustment may reinstate nonconforming rights only if the Board of Adjustment finds that the use was not discontinued for six months or more. The failure of the owner and/or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.

10.07.11.

Nonconforming Use Created by Acquisition of Right-of-Way (ROW).

10.07.11.1.

Determination of a Lawful Conforming Structure. Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of ROW by eminent domain proceedings, dedication, or purchase by the City, the County, the State, or a Federal Agency creates a nonconforming structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the ROW. In the event the structure is partially or totally destroyed by natural causes, the structure may be rebuilt.

10.07.11.2.

Cases in which the Owner Receives Compensation for Screening or Landscaping. In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a ROW acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback.

10.07.11.3.

Cases in which the Owner Receives Compensation for Demolition. A Certificate of Occupancy and Compliance shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, "curative measures" are those actions, corrections, repairs, and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

10.08.1.

Residential Accessory Buildings and Uses.

1.

The following regulations apply to accessory buildings servicing lots zoned for residential uses.

2.

Accessory buildings and uses incidental to other permitted uses are permitted within residential zoning district and include private garages, carports, tool house, lath or greenhouse as hobby (no business), home workshop, children's playhouse, private stables (no rental), barns, or coops (no rental); private swimming pool and garden shelter.

3.

The following regulations apply to guesthouse[s] operating as accessory buildings or as a use attached to the main building:

a.

A guesthouse shall not be less than 600 square feet (SF) when built over a garage, nor less than 750 SF when freestanding, and shall not contain more than 1,000 SF of living area or 30 percent of the main structure, whichever is less.

i.

Nothing herein shall authorize the occupancy or the use of a guesthouse by anyone other than a bona fide guest or servant employed by the occupant of the main structure on such lot, estate or land.

ii.

A guesthouse may be constructed as a part of the main building.

b.

Any accessory building for human habitation shall not be occupied until the main dwelling has been completed.

c.

Only one guesthouse shall be allowed on an individual tract of land.

d.

Guesthouse[s] shall not be leased or rented.

4.

Accessory Buildings and Use Limitations within the Manufactured Housing (MH) District.

a.

An accessory building necessary to store equipment for several dwelling units or provide a service function for several dwelling units shall not be occupied as a place of abode.

b.

Any accessory building that is not a part of the main building shall be separated from the main building by a minimum of ten feet.

5.

Architectural Elements for Residential Accessory Buildings.

a.

Any accessory building more than 200 square feet must be of wood frame construction and the color and materials of the roof must resemble the color and roof of the main building.

b.

The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building unless the accessory building is prefabricated or pre-finished.

10.08.2.

Nonresidential Accessory Buildings.

1.

In the nonresidential districts, an accessory building shall not exceed the height of the main building and shall not exceed 50 percent of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use.

10.08.3.

Nonresidential Accessory Uses Allowed on the First Floor of Multiple-Family Developments.

1.

If a multiple-family density bonus is approved by the City Council, then the first floor of the multiple-family building may be occupied by any use allowed within the LR, Local Retail District.

2.

The nonresidential accessory use shall be allowed only if the accessory use is within the same building as an active multiple-family use and is located on the first floor of said building.

10.08.4.

Small Wind Energy Systems.

10.08.4.1.

Accessory Use. A small wind energy system is allowed as an accessory use in all residential zoning districts.

10.08.4.2.

Building Permit Required. No small wind energy system shall be installed without first obtaining a building permit issued by the Building Official.

10.08.4.3.

General Standards.

■

Small wind energy systems (equipment or tower) shall not be located in a required setback.

■

The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.

■

Small wind energy systems may not be illuminated, nor may they bear any signs or advertising.

■

Small wind energy systems must have automated braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components.

■

Installation shall meet the requirements of the electrical code.

■

Maximum voltage turbine output to a single-family or two-family dwelling is 600 Volts per electrical code.

■

Noise produced by small wind energy systems may not exceed 55 dBA measured at the property line.

■

Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including, but not limited to, police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall bear the cost to conduct a study to determine interference, and of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.

■

A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.

■

The diameter of the area swept by the rotors may not exceed 12 feet.

■

Guy wires or other accessories cannot cross or encroach on any ROW or over above ground electrical utilities lines.

10.08.4.4.

Freestanding Systems—Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.

1.

Setback. The minimum setback from any property line, overhead utility line, or public ROW shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback. In addition to the system's structures, guy wires associated with towers shall meet applicable setbacks for the zoning district.

2.

Height. Freestanding systems measured from the top blade may not exceed 47 feet in height.

3.

Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least 15 feet.

4.

Number. A maximum of one (1) freestanding small wind generator system may be allowed on a building site.

10.08.4.5.

Roof-Mounted Systems—Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.

a.

Height. Roof-mounted systems measured from the top blade may not be more than five (5) feet over the maximum allowed height for the structure.

b.

Number. A maximum of one (1) roof-mounted small wind generator system may be allowed on a building site.

c.

Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by a licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the Building Official prior to the mounting of the system.

10.08.5.

Single-Family or Duplex Residential Flags and Flagpoles.

10.08.5.1.

Scope. The regulations set out in this section apply to flags and detached flagpoles for single-family and duplex homes in all residential zoning districts.

10.08.5.2.

Setbacks. The minimum setback from any property line, overhead utility line, or public ROW shall be a distance equal to the vertical distance from the ground to the top of the pole.

10.08.5.3.

Size.

a.

The height of a flag pole shall not exceed 15 feet measured from the natural grade.

b.

The size of the flag shall be appropriate for the height of the flag pole, but each individual flag shall in no event exceed 24 SF in area.

10.08.5.4.

Manner of Display. Flags and insignia of any government should be displayed in an approved manner pursuant to federal guidelines in 4 USC ch. 1 (the Federal Flag Code).