13.1.1

Uses/Structures Permitted.

Unless specifically prohibited in a particular zoning district, the following uses and structures are permitted by right in all districts.

A.

Deleted by Ord. No. 24-2021;

B.

Unlighted recreational facilities, including parks, playgrounds, stadiums, etc.;

C.

Accessory Structures/Accessory Dwelling Units;

D.

Class 1 Clubs or Lodges.

13.1.2

Uses/Structures Permitted on Appeal:

Unless specifically prohibited in a particular zoning district, the following uses and structures are permitted as conditional uses approved by the Planning Commission in all districts.

A.

Public Utilities such as electric and gas substations and water wastewater pumping stations;

B.

Public buildings of a proprietary nature;

C.

General hospitals for humans (including nursing homes and assisted living facilities);

D.

Institutional uses;

E.

Semi-public buildings and uses, including private schools, churches and childcare and adult care facilities unless otherwise allowed;

F.

Lights for recreational facilities (subject to regulations based on the neighborhood, zoning district, and surrounding area that may limit the time of day and the number and nature of lights allowed);

G.

Public and semi-public buildings with heights greater than three (3) stories or fifty (50) feet;

H.

Class 2 Clubs or Lodges;

I.

Communal living facilities excluding mentally retarded or mentally ill in a multi-family zone.

13.1.3

Uses Prohibited.

A.

On-street and off-street parking of motorized vehicles in excess of ten thousand (10,000) pounds and/or with more than six (6) wheels is prohibited in all residential zoning districts and in all residential areas of mixed use districts.

B.

Any occupancy of a dwelling unit by a group of people that do not meet the definition of a "Family" as defined herein.

It shall be presumptive evidence that three (3) or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

1.

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.

2.

The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers shall not be deemed to be occupied by the functional equivalent of a traditional family.

3.

The group shares expenses for food, rent or ownership costs, utilities and other household expenses.

4.

The group is permanent and stable. Evidence of such permanency and stability may include:

a.

The presence of minor dependent children regularly residing in the household who are enrolled in local schools:

b.

Members of the household have the same address for purposes of voter's registration, driver's licenses, motor vehicle registration and filing of taxes;

c.

Members of the household are employed in the area;

d.

The household has been living together as a unit for a year or more, whether in the current dwelling or in other dwelling units;

e.

There is common ownership of furniture and appliances among the members of the household; and

f.

The group is not transient or temporary in nature.

5.

Evidence that the group is the functional equivalent of a traditional family may include other factors reasonably related to whether or not the group is the functional equivalent of a family.

(Ord. No. 20-2019, 10-5-20; Ord. No. 20-2023, 12-7-20; Ord. No. 22-2004, 2-7-22; Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2025, 8-4-25; Ord. No. 25-2042, 12-1-25)

Automobile filling stations, regardless of the district in which they are located, shall, in addition to any other set back requirements, locate pump islands and gas pumps at least ten (10) feet back from all property lines and rights-of-way.

A premises principally used as a residence but in which one (1) or more people operate a business or commercial enterprise, provided, however:

A.

No customers may come to this address;

B.

No person other than residents may work with this business at this address;

C.

No outside storage of products or equipment other than a personal vehicle used for business purposes;

D.

No commercial signs of any kind may be placed on the premises;

E.

This address cannot be used to advertise the business; and

F.

No activity shall be conducted at this address that creates visible evidence that the resident is engaging in a business.

Editor's note— Per the city's direction, §§ 13.4, 13.5, have been redesignated as §§ 13.3, 13.4.

A premises principally used as a residence but in which one (1) or more people operate a business or commercial enterprise, provided, however:

A.

The business or commercial enterprise is conducted entirely within a dwelling;

B.

The business or commercial enterprise is carried on solely by the inhabitants of the dwelling;

C.

The business or commercial enterprise requires and actually uses less than twenty-five percent (25%) of total floor area;

D.

The business or commercial enterprise is clearly incidental and secondary to the residential use of the dwelling;

E.

The business or commercial enterprise does not change the residential character of the dwelling, meaning that there shall be no major change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

F.

The business or commercial enterprise must be such that it can be conducted without any significant adverse impact on the surrounding neighborhood and shall not cause or encourage an amount of vehicular or pedestrian traffic not normally associated with the residential area in which it is conducted;

G.

Any need for parking associated with the business or commercial enterprise shall be met off the street;

H.

No equipment or process shall be used which creates noise, vibration, glare, fumes or odors detectable to the normal senses off the lot;

I.

No equipment or process shall be used which creates electrical interference affecting radio or television receivers off the premises, or creates fluctuations in the voltage off the premises;

J.

No public display of goods is allowed.

Home Occupations are allowed one (1) advertising or location sign located on premise which shall not exceed four (4) square feet in area. Examples of home occupation are: dressmaking, the taking of boarders and the leasing or renting of rooms, tutoring, and teaching. It may include an office for any professional or business use where traffic generated would not be detrimental to the neighborhood.

The conducting of a health clinic, hospital, barbershop, beauty parlor, tearoom, or animal hospital shall not be deemed to be a home occupation.

Editor's note— See editor's note to § 13.3.

Editor's note— Ord. No. 22-2018, adopted May 2, 2022, repealed Section 13.5. Former Section 13.5 pertained to duplexes and derived Ord. No. 21-2003, adopted April 5, 2021.