For the purpose of this chapter, the city is hereby divided into the following use districts:

(Ord. of 4-15-2008, § 3-2; Ord. No. 2017-08, § 4, 6-20-2017)

The intent of the R-1 district is to provide areas for low-density detached dwellings, free from incompatible land uses and residential densities.

(Ord. of 4-15-2008, § 4-1(intro. ¶))

The following are permitted uses in the R-1 district:

(a)

Detached single-family dwellings and accessory uses.

(b)

Signs, subject to the provisions of section 44-559.

(c)

Home occupations as defined in section 44-1.

(d)

Churches, cemeteries and private schools.

(e)

Publicly owned facilities, including parks, playgrounds, and golf courses, community centers, police and fire stations, libraries, schools, and similar facilities.

(f)

Public utility structures, including electric substations, gas metering stations, sewage pumping stations, and similar structures.

(Ord. of 4-15-2008, § 4-1-1)

The following are conditional uses in the R-1 district:

(a)

Telecommunications facilities;

(b)

Group homes;

(c)

Bed and breakfasts and tourist homes, provided the dwelling contains a minimum floor area of 2,400 square feet, and the dwelling and lot conform to the minimum standards of the R-1 zoning district.

(Ord. of 4-15-2008, § 4-1-2)

The following dimensional requirements apply in the R-1 district:

* Corner lots shall have sufficient extra width to permit establishment of a building line at least 15 feet from the side street property line.

(Ord. of 4-15-2008, § 4-1-4)

The intent of the R-2 district is to provide areas for medium-density detached dwellings, free from incompatible land uses and residential densities.

(Ord. of 4-15-2008, § 4-2(intro. ¶))

The following are permitted uses in the R-2 district:

(a)

All uses permitted in the R-1 district.

(Ord. of 4-15-2008, § 4-2-1)

The following are conditional uses in the R-2 district:

(a)

Telecommunications facilities;

(b)

Group homes;

(c)

Bed and breakfasts and tourist homes, provided the dwelling contains a minimum floor area of 2,400 square feet, and the dwelling and lot conform to the minimum standards of the R-2 zoning district.

(Ord. of 4-15-2008, § 4-2-2)

The following dimensional requirements apply in the R-2 district:

* Corner lots shall have sufficient extra width to permit establishment of a building line at least 15 feet from the side street property line.

(Ord. of 4-15-2008, § 4-2-4)

The intent of the R-3 district is to provide areas for the development of higher density attached dwellings, free from incompatible land uses.

(Ord. of 4-15-2008, § 4-3(intro. ¶))

The following are permitted uses in the R-3 district:

(a)

All uses permitted in the R-2 district.

(b)

Detached single-family dwellings, duplexes, or two-family homes, townhouses, condominiums and apartments; and accessory structures.

(c)

Nursing homes.

(d)

Day care centers and nurseries.

(e)

Boardinghouses, bed and breakfasts, tourist homes and group homes.

(Ord. of 4-15-2008, § 4-3-1)

The following are conditional uses in the R-3 district:

(a)

Telecommunications facilities; and

(b)

Inns.

(Ord. of 4-15-2008, § 4-3-2)

The following dimensional requirements apply in the R-3 district:

* Corner lots shall have sufficient extra width to permit establishment of a building line at least 15 feet from the side street property line.

(Ord. of 4-15-2008, § 4-3-4)

The intent of the R-4 district is to provide areas for high-density detached dwellings, free from incompatible land uses and residential densities.

(Ord. of 4-15-2008, § 4-4(intro. ¶))

The following are permitted uses in the R-4 district:

(a)

Detached single-family dwellings and accessory uses, except that detached accessory buildings are prohibited.

(b)

Publicly owned facilities, including parks, playgrounds, community centers, police and fire stations.

(c)

Public utility structures including, electric substations, gas metering stations, sewage pumping stations and similar structures.

(Ord. of 4-15-2008, § 4-4-1)

The following dimensional requirements apply in the R-4 district:

* Front yard may be reduced to five feet if vehicle access is from the rear or side of the dwelling.
** Each lot shall have at least one side yard of ten feet or more. Dwellings on corner lots shall be set back at least 15 feet from the side street property line.

(Ord. of 4-15-2008, § 4-4-2)

In order for a lot or parcel to be eligible for R-4 district designation, it shall contain at least one acre.

(Ord. of 4-15-2008, § 4-4-3)

The intent of the R-5 district is to facilitate the redevelopment of neighborhoods in the downtown area by creating more flexible regulations that will encourage reinvestment in those residential areas.

(Ord. No. 2008-05, § 1(4-5(intro. ¶)), 4-15-2008)

The following are permitted uses in the R-5 district:

(a)

Detached single-family dwellings and accessory uses;

(b)

Publicly owned facilities, including parks, playgrounds, police and fire stations; and

(c)

Public utility structures, including electric substations, gas metering stations, sewage pumping stations and similar structures.

(Ord. No. 2008-05, § 1(4-5-1), 4-15-2008)

The following are dimensional requirements in the R-5 district:

(a)

Minimum yard size.

a.

Front yard: 20 feet. Front yard may be reduced to five feet if vehicle access is from an alley. The front yard setback for every lot in the block shall be established as part of the rezoning process.

b.

Rear yard: 25 feet.

c.

Side yard: None. Dwellings on corner lots shall be set back at least 15 feet from the side street property line.

(b)

Minimum lot width.

a.

Minimum width in feet at building line: 50.

(c)

Maximum building height.

a.

In feet: 35.

b.

In stories: 2½.

(d)

Off-street parking.

a.

Number of spaces: see section 44-556.

(Ord. No. 2008-05, § 1(4-5-2), 4-15-2008)

The R-5 district shall only be applied to entire blocks encompassing all lots that front the street between two intersecting streets, in blocks that have been previously subdivided into 50-foot-wide lots that comprise at least 50 percent of the street frontage in the block. Where a block contains an alley that extends the entire length of the block, the alley shall be preserved and used for vehicular access to the abutting lots. Vehicular access to such lots shall not be permitted from the front of the lot.

(Ord. No. 2008-05, § 1(4-5-3), 4-15-2008)

The intent of the C-1 district is to provide areas of retail trade for the most frequent daily needs of the immediate neighborhood. Because these establishments will be located near single-family residential areas, permitted uses, size of establishments and building setbacks are more restrictive than in the other retail shopping districts.

(Ord. of 4-15-2008, § 4-5(intro. ¶))

The following are permitted uses in the C-1 district:

(a)

Neighborhood retail establishments, including general merchandise, grocery, apparel, hardware, drugs and sundries, convenience stores, jewelry and gift, florist, sporting goods, and pet shops; provided the total floor area for each use shall not exceed 5,000 square feet.

(b)

Neighborhood services, including day care centers, dry cleaning and laundry pickup stations, laundromats, coin-operated car wash, barbershops and beauty shops, shoe repair, branch bank, and branch post office; provided the total floor area for each use shall not exceed 2,500 square feet.

(c)

Professional offices, provided the total floor area for each use shall not exceed 2,500 square feet.

(d)

Churches, cemeteries, and private schools.

(e)

Publicly owned facilities, including parks, playgrounds and golf courses, community centers, police and fire stations, libraries, schools and similar facilities.

(f)

Public utility structures, including electric substations, gas metering stations, sewage pumping stations and similar structures.

(g)

Signs, subject to the provisions of section 44-559.

(h)

Inns.

(Ord. of 4-15-2008, § 4-5-1)

The following are conditional uses in the C-1 district:

(a)

Funeral homes and nursing homes.

(b)

Service stations.

(c)

Restaurants, not including drive-in restaurants.

(d)

Telecommunications facilities.

(e)

Other neighborhood retail and service establishments not specifically listed which, in the opinion of the board of adjustment, are within the intent of this district.

(Ord. of 4-15-2008, § 4-5-2)

The following dimensional requirements apply in the C-1 district:

* Required only on lot adjoining a lot in a residential district.

(Ord. of 4-15-2008, § 4-5-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-5-4)

Where the C-1 district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-5-5)

The intent of the C-2 district is to provide a concentrated central core of retail and service establishments; and areas for central administrative business, financial, government, and professional offices and related services. These regulations are designed to promote convenient pedestrian shopping and stability of retail development, by encouraging continuous retail frontage in a concentrated area.

(Ord. of 4-15-2008, § 4-6(intro. ¶))

The following are permitted uses in the C-2 district:

(a)

All permitted uses in the C-1 district, except the maximum floor area criteria shall not apply to those uses in this district.

(b)

Retail establishments, including antiques, auto accessories and parts, appliances, bakery, banks, dry goods, department stores, furniture, hobby and crafts, notions, office and medical equipment and supplies, paint and wallpaper, restaurants except drive-in restaurants, toys, reading material, seed and feed.

(c)

Motels and hotels.

(d)

Movie theaters, except drive-ins.

(e)

Office buildings, to include government administrative offices and facilities.

(f)

Hospitals, nursing homes and funeral homes.

(Ord. of 4-15-2008, § 4-6-1)

The following are conditional uses in the C-2 district:

(a)

Service stations.

(b)

Building, electrical, plumbing and heating supply; no outside storage is permitted.

(c)

Manufacturing incidental to retail business, where articles are sold at retail on the premises.

(d)

Telecommunications facilities.

(e)

Loft apartments.

(f)

Other retail and service establishments not specifically listed which, in the opinion of the board of adjustment, are within the intent of the C-2 district.

(Ord. of 4-15-2008, § 4-6-2)

The following dimensional requirements apply in the C-2 district:

(Ord. of 4-15-2008, § 4-6-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-6-4)

Where the C-2 district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-6-5)

The intent of the C-3 district is to encourage the development of a complete variety of retail and service establishments to serve persons traveling by automobile and local residents. These areas should generally be located along major highways and designed to provide attractive appearance, ample parking and to minimize traffic congestion.

(Ord. of 4-15-2008, § 4-7(intro. ¶))

The following are permitted uses in the C-3 district:

(a)

All permitted uses in the C-2 district, except manufacturing incidental to retail sales.

(b)

Animal hospital and veterinary clinic, no outside kennels.

(c)

Automobile sales and service, car wash and service stations; where all repairs are conducted entirely within an enclosed building and there is no outside storage.

(d)

Bowling alleys, miniature golf, outdoor theaters, game rooms and other recreational uses conducted for profit.

(e)

Building, electrical, plumbing and heating supply; no outside storage is permitted.

(f)

Home improvement centers and retail lumber yards.

(g)

Manufactured home sales.

(h)

Drive-in restaurants.

(i)

Planned shopping centers.

(j)

Seaming and sewing operations and alterations of hosiery, clothing, upholstery and fabric goods.

(Ord. of 4-15-2008, § 4-7-1)

The following are conditional uses in the C-3 district:

(a)

Telecommunications facilities.

(b)

Other retail and service establishments not specifically listed which, in the opinion of the board of adjustment, are within the intent of the C-3 district.

(Ord. of 4-15-2008, § 4-7-2)

The following dimensional requirements apply in the C-3 district:

* It is the intent of this chapter that lots of sufficient size be used for any business or service use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or service.
** For a lot adjoining along its side lot line a lot which is in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-7-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-7-4)

Where the C-3 district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-7-5)

The intent of the C-4 district is to provide areas for mixed commercial, wholesale and light industrial uses, subject to conditions intended to eliminate any adverse impacts of the uses off the premises.

(Ord. of 4-15-2008, § 4-8(intro. ¶))

The following are permitted uses in the C-4 district:

(a)

All permitted uses in the C-3 district.

(b)

Agricultural and industrial supplies, no outside storage.

(c)

Animal hospital, veterinary clinic with outside kennels.

(d)

Farm equipment sales and service, where all service work is conducted entirely within an enclosed building, and no outside storage.

(e)

Hosiery mills where knitting and finishing activities are conducted, but not including dye operations.

(f)

Industrial equipment sales and repair.

(g)

Laundries and dry-cleaning plants.

(h)

Printing and publishing establishments.

(i)

Repair or service shops where all work is performed entirely within an enclosed building and no outside storage.

(j)

Wholesale businesses, no outside storage.

(Ord. of 4-15-2008, § 4-8-1)

The following are conditional uses in the C-4 district:

(a)

Telecommunications facilities.

(b)

Other retail, wholesale, service and light industrial uses not specifically listed which, in the opinion of the board of adjustment, are within the intent of the C-4 district, and limit repair, service or storage activities to an enclosed building.

(Ord. of 4-15-2008, § 4-8-2)

The following dimensional requirements apply in the C-4 district:

* It is the intent of this chapter that lots of sufficient size be used for any business or service use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or service.
** None specified, except new buildings shall be set back not less than the average of the setbacks of the existing buildings within 100 feet of each side thereof, or 40 feet, whichever distance is less.

(Ord. of 4-15-2008, § 4-8-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-8-4)

Where the C-4 district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-8-5)

The intent of the M-1 district is to provide for areas for light industrial uses which, by their nature, are not obnoxious, offensive or detrimental to neighboring property by reason of dust, smoke, vibration, noise, odor, appearance or effluents.

(Ord. of 4-15-2008, § 4-9(intro. ¶))

The following are permitted uses in the M-1 district:

(a)

All permitted uses in the C-4 district, except the uses are not subject to the limitations concerning outside repair, service or storage activities.

(b)

Farm machinery assembly and repair, industrial equipment sales and repair, truck terminal.

(c)

Food processing, bakeries, bottling plants, dairies, ice and cold storage plants and freezer lockers.

(d)

Furniture industries, woodworking shops, electronics, appliance manufacturing and repair, and pharmaceuticals.

(e)

Hosiery mills including dye operations.

(f)

Welding and machine shops, metal fabrication, machine tool shops, sheet metal and roofing shops, tire recapping and retreading.

(g)

Public works and private contractor storage yards.

(h)

Warehouses.

(Ord. of 4-15-2008, § 4-9-1)

The following are conditional uses in the M-1 district:

(a)

Telecommunications facilities.

(b)

Other light industrial uses not specifically listed which, in the opinion of the board of adjustment, are within the intent of the M-1 district.

(Ord. of 4-15-2008, § 4-9-2)

The following dimensional requirements apply in the M-1 district:

* It is the intent of this chapter that lots of sufficient size be used for any industrial related use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or service.
** None specified, except new buildings shall be set back not less than the average of the setbacks of the existing buildings within 100 feet of each side thereof, or 40 feet, whichever distance is less.
*** None specified, excepting that, for a lot adjoining along its side lot line another lot which is in a residential district, there shall be a side yard not less than ten feet wide.

(Ord. of 4-15-2008, § 4-9-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-9-4)

Where this district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-9-5)

The intent of the M-2 district is to provide areas for industrial uses which, by their nature, may be offensive or detrimental to neighboring property by reason of dust, smoke, vibration, noise, odor, appearance or effluents.

(Ord. of 4-15-2008, § 4-10(intro. ¶))

The following are permitted uses in the M-2 district:

(a)

All permitted uses in the M-1 district.

(b)

Concrete and asphalt plants.

(c)

Feed or grain mills.

(d)

Junkyards and auto salvage yards, provided that the premises is surrounded by either a solid wall or fence at least six feet high or a buffer strip as defined in section 44-1.

(e)

Saw mills.

(f)

Mining or excavation activities associated with borrow pits, sand or gravel quarries, and mining operations.

(g)

Sanitary landfills.

(h)

Wastewater treatment plants.

(Ord. of 4-15-2008, § 4-10-1)

The following are conditional uses in the M-2 district:

(a)

Telecommunications facilities.

(b)

Volatile uses and volatile industries, provided no residential district is located within 500 feet of the volatile materials.

(Ord. of 4-15-2008, § 4-10-2)

The following dimensional requirements apply in the M-2 district:

* It is the intent of this chapter that lots of sufficient size be used for any industrial or related use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or service.
** None specified, except new buildings shall be set back not less than the average of the setbacks of the existing buildings within 100 feet of each side thereof, or 40 feet, whichever distance is less.

(Ord. of 4-15-2008, § 4-10-3)

Off-street loading and unloading shall be provided as required in section 44-557.

(Ord. of 4-15-2008, § 4-10-4)

Where the M-2 district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-10-5)

The intent of the R-F district is to preserve the rural character of those areas which are located outside the urbanized portion of the city by permitting agriculture and agriculture-related uses, low-density residential development and other uses which are characteristic of rural areas.

(Ord. of 4-15-2008, § 4-11(intro. ¶))

The following are permitted uses in the R-F district:

(a)

Agriculture uses such as the raising of crops and the raising of livestock, poultry, ratite birds, sheep, goats and swine, except that not more than five swine may be kept on any premises. All buildings and structures which house the animals shall not exceed 1,000 square feet of ground coverage area. Ground application of sewage lagoon waste, animal carcasses or composted animal carcasses is prohibited.

(b)

Public or private nonprofit recreation uses, including campgrounds, golf courses, country clubs, riding trails, resort areas, hunting and fishing facilities, and similar uses.

(c)

Water supply works, flood control or watershed protection works, and fish or game hatcheries.

(d)

Public utility structures and facilities, and publicly owned buildings, schools, libraries, fire and police stations, and community centers.

(e)

Churches, private schools and cemeteries.

(f)

Single-family dwellings and accessory structures.

(g)

Manufactured homes, provided that the minimum lot size shall be one acre, and the manufactured home is not located within 200 feet of a dwelling. A maximum of one manufactured home may be located on such lot or parcel, unless the lot or parcel has been approved as a manufactured home park.

(h)

Home occupations as defined in section 44-1.

(i)

Signs, subject to the provisions of section 44-559.

(Ord. of 4-15-2008, § 4-11-1)

The following are conditional uses in the R-F district:

(a)

Airport, landing fields and hangars.

(b)

Nursing homes and similar uses.

(c)

Animal hospitals with outside kennels.

(d)

Manufactured homes which do not conform to the minimum criteria for a manufactured home as a permitted use.

(e)

Manufactured home parks, subject to the provisions of article IV.

(f)

Telecommunications facilities.

(g)

Group homes.

(Ord. of 4-15-2008, § 4-11-2)

The following dimensional requirements apply in the R-F district:

* Except any structure used for the housing of livestock of any kind shall not be located closer than 100 feet of any property line or line of a district other than an R-F district.

(Ord. of 4-15-2008, § 4-11-3)

The intent of the AG district is to provide areas for agriculture uses which, by virtue of their size, intensity of land use, or effect upon nearby properties, may not be suited to location near residential areas.

(Ord. of 4-15-2008, § 4-12(intro. ¶))

The same uses permitted in the rural farm district are permitted in the AG district, except that the limitation of the number of swine permitted on a premises and the 1,000-square-foot limitation on the size of buildings which house permitted animals and livestock shall not apply to permitted uses in the AG Agriculture District.

(Ord. of 4-15-2008, § 4-12-1)

The following are conditional uses in the AG district:

(a)

The conditional uses permitted in the rural farm district are permitted in the AG district.

(b)

Sewage lagoons and other facilities for the storage, disposal or treatment of animal wastes, provided all such uses are an accessory use on the premises.

(Ord. of 4-15-2008, § 4-12-2)

Property which is the subject of an AG Agriculture District zoning application shall contain at least ten acres. Sewage lagoons and other facilities for the storage, disposal or treatment of liquid waste shall be 1,300 feet from any property line. Facilities for the handling of dry, solid waste shall be 350 feet from any property line.

(a)

Dimensional requirements for permitted and conditional uses, except buildings in excess of 1,000 square feet which house livestock and fowl, sewage lagoons and other facilities for the storage, disposal or treatment of animal wastes.

*Except any building, used for the housing of livestock or fowl, which does not exceed 1,000 square feet of ground coverage area shall not be located closer than 100 feet to any property line or zoning district boundary.

(b)

Dimensional requirements for buildings in excess of 1,000 square feet which house livestock and fowl.

(Ord. of 4-15-2008, § 4-12-3)

The intent of the NOD district is to preserve and enhance historic neighborhoods that are predominately residential but also have a small number of professional offices.

(Ord. of 4-15-2008, § 4-13(intro. ¶))

The following are permitted uses in the NOD district:

(a)

Dwelling, single-family detached.

(b)

Home occupations as defined in section 44-1.

(Ord. of 4-15-2008, § 4-13-1)

The following are conditional uses in the NOD district:

(a)

Professional offices (certified public accountants, public accountants, registered land surveyors, psychologists, professional counselors, architects, attorneys, psychiatrists, landscape architects, interior designers, audiologists, draftsmen, steel detailers, radio engineers, optometrists, and licensed massage therapists).

(b)

Signs, subject to the provisions of section 44-559(e)(1); with a maximum height limitation of five feet.

(c)

Other neighborhood commercial establishments not specifically listed which, in the opinion of the planning commission, are within the intent of the NOD district and do not adversely affect the residential nature of this district may be allowed.

(Ord. of 4-15-2008, § 4-13-2)

The following dimensional requirements apply in the NOD district:

(Ord. of 4-15-2008, § 4-13-3)

Where the NOD district abuts a lot in a residential district, there shall be provided and maintained along the property line a continuous visual buffer as defined in section 44-1.

(Ord. of 4-15-2008, § 4-13-4)

It is the intent of the RESL zone to spur economic residential growth and create jobs and activity in the downtown area.

(Ord. No. 2017-08, § 6(4-14(intro. ¶)), 6-20-2017)

In order to carry out the provisions of this division, there is created and established a residential existing small lot zone from Beason Gap and 20th Street to the north, and 22nd Street South to the south, and from Lincoln Avenue and Manitou Avenue to the east, and to Interstate 59 to the west, and all points in between, and zoned residential.

(Ord. No. 2017-08, § 6(4-14-1), 6-20-2017)

The following dimensional requirements apply in the RESL zone:

Corner lots shall have sufficient extra width to permit establishment of a building line at least 15 feet from the side street property line.

(Ord. No. 2017-08, § 6(4-14-2), 6-20-2017)

Notwithstanding any other provision of this division, no use may be made of the RESL zone lots except for a site built detached single-family dwelling and accessory uses.

(Ord. No. 2017-08, § 6(4-14-3), 6-20-2017)