The articles, sections, and use districts created by this chapter are adopted for the purpose, among others, of:

(1)

Promoting the public health, safety, morals, comfort, and general welfare;

(2)

Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible;

(3)

Encouraging such distribution of population, land use, and land development that will facilitate adequate and economic provisions of transportation, communication, water supply, drainage, sanitation, education, recreation, and other public requirements;

(4)

Lessening or avoiding congestions in the public streets and highways;

(5)

Protecting against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and general welfare;

(6)

Hazards to people and damage to property from the accumulation or run off of stormwater;

(7)

Helping to ensure that all residential, commercial, and manufacturing structures, as well as other types of structures, will be accessible to firefighting and other emergency equipment;

(8)

Prohibiting the formation or expansion of nonconforming uses of land, buildings, and structures adversely affecting the character and value of desirable development in each district;

(9)

Promoting the development of residential neighborhoods which are free of noise, dust, fumes, and heavy traffic volumes in which each dwelling unit is assured of light, air, and open spaces;

(10)

Helping to prevent land development activities which lead to roadside blight and to minimize the effects of nuisance-producing activities;

(11)

Conserving the taxable value of land and buildings throughout the city;

(12)

Defining and limiting the powers and duties of the zoning officer and bodies as provided herein;

(13)

Preserving for the citizens of the city the valuable and unique architectural character of the city by preventing construction, alteration, demolition, or other activities which would detrimentally affect the architectural unity of buildings of historic significance in the historic preservation district and thereby protecting property values and economic property of the city; and

(14)

Preserving the architectural features and general architectural character of the city as stated in the Chipman Design study and accompanying manual.

(Ord. No. 1206, § 9-1-2, 2-24-1981)

This chapter classifies and regulates the use of land, buildings, and structures within the corporate limits of the city. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the city into zoning districts and regulating the use of land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population, and the historic preservation and design of buildings.

(Ord. No. 1206, § 9-1-3, 2-24-1981)

This chapter is adopted in pursuance of the authority granted by 65 ILCS 5/11-13-1 et seq and 65 ILCS 5/11-48-2.1 et seq.

(Ord. No. 1206, § 9-1-4, 2-24-1981)

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, structure, or use means a subordinate building, structure, or use which is customarily and incidental to the principal building or use and which is located on the same lot or parcel of land with the principal building or use. Parking lots or spaces shall not be considered as accessory uses under this definition. Accessory buildings shall not be used for dwelling purposes.

Administrative officer means the individual designated by this chapter to administer the provisions of this chapter.

Adult bookstore means an establishment having as a substantial portion of its stock in trade, books, magazines, films, or other electronically recorded materials for sale or viewing on premises by use of motion picture devices or any other means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities," as defined in this section, including instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or an establishment having more than 50 percent of its shelf or floor space devoted to the sale or display of such material.

Adult live entertainment means any activity involving the presentation of live models displaying lingerie, or otherwise presenting live artistic modeling with the modeling displaying the human body in a nude or semi-nude state, distinguished or characterized by an emphasis on "specific anatomical areas" for observation by patrons therein and including, but not limited to, topless dancers, strippers, male or female impersonators, or similar entertainments.

Adult mini-motion picture theater means an enclosed building with a capacity for less than 50 persons, predominantly used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific anatomical areas" or "specific sexual activities" for observation by paying patrons therein. For purposes of this definition, the term "predominantly" means more than 50 percent of all presentations.

Adult motion picture theater means an enclosed building with a capacity for 50 or more persons, predominantly used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific anatomical areas" or "specific sexual activities" for observation by paying patrons therein. For purposes of this definition, the term "predominantly" means more than 50 percent of all presentations.

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

Aircraft means any contrivance now known, or invented, used or designed for navigation of or flight in the air.

Airport means any area of land, water, or both which is designed for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo; all appurtenant areas used or suitable for airport buildings or other airport facilities; and all appurtenant rights-of-way.

Alley means a traffic way dedicated to public use which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street.

Alteration means any appreciable change in the external architectural features of any structure or building, visible from a public way or from adjoining property.

Apartment means a room or suite of rooms in a multiple- or two-family dwelling or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family, as defined in this section, and providing essential housekeeping facilities, kitchen and cooking facilities, bath, and sleeping quarters.

Apartment house. See Dwelling, multiple-family.

Auto laundry means a building, or portion thereof, containing facilities for washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of such automobiles whether by operator or by customer.

Auto parts recycler means a person who is in the business of acquiring previously owned vehicles for parts for the primary purpose of disposing of vehicle parts for re-use, in a manner other than by shredding or melting.

Automobile service station means one or more buildings or premises where gasoline, oil, and grease may be supplied and dispensed at retail and incidental repair, batteries, tires, accessories, and maintenance may be obtained. Uses permissible at a service station do not include major mechanical and body work, straightening or replacement of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving greater than normally found in service stations. A service station is not a repair garage or a body shop. All activities incidental to the sale of gasoline or oil shall be conducted within a building and there shall be no storage or accumulation of equipment or motor vehicles outside of the principal structure.

Basement means a story having part, but not more than, 50 percent of its height below the average grade of the adjoining ground (as distinguished from a cellar). A basement shall be counted as a story for the purpose of height measurement.

Bed and breakfast house means an operator-occupied building providing accommodations for a charge to the public and by prearrangement for definite periods. Only one meal, breakfast, shall be served to guests.

Billboard means a type of sign having more than 100 square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.

Boarding house means an operator-occupied building providing accommodations and guest rooms for a charge to the public and by prearrangement for definite periods; meals are provided for guests only; not open to transient guests in contradistinction to hotels, motels, and camps which are open to transient guests.

Board of appeals means the zoning board of appeals of the city.

Building means any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicles, trailer, or mobile home (with or without wheels), or any movable device such as furniture, machinery or equipment, or portable hog houses.

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

Building setback line means a line within a lot or other parcel of land so designated on the plat or as required by this chapter which denotes the area between such line and the adjacent street right-of-way line where structures are prohibited, except those that are permitted by the zoning regulations.

Bulk storage means as set forth in the rules and regulations of the state fire marshal.

Cellar means a story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Certificate of appropriateness means the official document issued by the plan commission approving or concurring in the construction, erection, alteration, removal, moving, or demolition of any exterior architectural feature of a structure or building in the historic preservation district.

Childcare center means any place, home, or institution which receives three or more children under the age of 16 years and not of common parentage for care apart from their natural parents, legal guardian, or custodians when received for regular periods of time for compensation.

City engineer means the city engineer or person designated to act in the capacity of city engineer in the review of engineering data, as outlined herein, where the services of a city engineer are specifically mentioned.

Clinic means an establishment used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons (those who are in need of medical, psychiatric, chiropractic, or surgical attention, but who are not provided with board or room or kept overnight on the premises). A clinic may include an apothecary, pharmacy, or drug store as an integral part of the clinic.

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

Conditional uses means those uses in a particular zoning district which may be recommended by the zoning board of appeals and granted by the city council in accordance with the procedures and other conditions set forth in this chapter.

Drive-in restaurant or refreshment stand means any place or premises principally used for the sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises.

Dwelling means a building, or portion thereof, designed or used exclusively for residential occupancy but not including home trailers, mobile homes, hotels, motels, boarding and lodging homes, tourist courts or tourist homes.

Dwelling, multiple-family, means a residential building designed for occupancy by three or more families.

Dwelling, single-family, means a detached residential dwelling unit other than a mobile home designed for occupancy by one family only.

Dwelling, two-family, means a detached residential building containing two dwelling units designed for occupancy by not more than two families (duplex).

Dwelling unit means residential living area which consists of one or more rooms which are arranged, designed, or used as living quarters for one family only.

Easement, access, means the vested right to use property for the purpose of access by abutting property, such right being held by someone other than the owner who holds title to the land over which the easement of access is granted.

Essential services means and includes the erection, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical communications, supply or disposal systems, retention ponds, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

Exterior architectural feature means the architectural style, color, and general arrangement of the exterior of the structure, including the type and texture of building materials, all windows, doors, lights, signs, and other fixtures appurtenant thereto.

Family/household means one or more persons occupying a premises and living as a single housekeeping unit, related to each other by blood, adoption, or marriage. Unrelated groups consisting of not more than five persons occupying a premises and living as a single housekeeping unit shall be known as a household. These are distinguished from a boarding house, lodging house, or hotel, as defined in this section.

Farm means an area which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep (in accordance with applicable city regulations). The term "farming" includes the operation of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. A farm shall contain an area of five acres or more.

Farm: Crop production area only means an area of five acres or more which is used for the growing of crops or produce (e.g., vegetables, fruit trees, grains). No livestock or storage of the crops or produce (grain bins, etc.) shall be permitted on such property classified under this definition.

Farmstead means the buildings and adjacent service areas of a farm, including one dwelling unit whose occupants earn a substantial part of their livelihood from the farm operation, plus a second dwelling unit if used by farm help whose livelihood is derived in substantial part from the farm operation.

Fence means structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration.

Floodplain or special flood hazard area (SFHA) means those lands within the jurisdiction of the city that are subject to inundation by the flood having a one percent probability of being equaled or exceeded in any given year (also known as the 100-year flood).

Frontage means all property on one side of the street between two intersecting streets (crossing or terminating) 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 intersection street and the dead end of the street.

Garage, private, means an accessory building housing motor driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located and not more than one of the vehicles may be a commercial vehicle of not more than three-ton capacity. Space may be rented for the occupancy of a private vehicle in accordance with this definition.

Garage, public, means any building or premises except those used as a private or storage garage used for equipping, hiring, selling, or storing motor driven vehicles.

Garage, storage, means any building or premises used for housing only motor driven vehicles other than trucks and commercial vehicles pursuant to previous arrangements and not to transients and at which automobile fuels and oils are not sold and motor driven vehicles are not equipped, repaired, hired, or sold.

Gasoline means as set forth in the rules and regulations of the state fire marshal.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any nonconforming wall approximately parallels and is not more than five feet road line, then the elevation of the road at the corner of the wall adjoining the road shall be the grade.

Guest room means a sleeping room intended to serve no more than two guests per night.

Heliport means any area of land or water, or both, except a helistop, which is designed and designated for the landing and takeoff of helicopters, whether or not facilities are provided for the sheltering, servicing, or repair of helicopters, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for heliport buildings or other heliport facilities, and all appurtenant rights-of-way.

Helistop means any area of land or water, or both, which is certified by the state department of transportation, division of aeronautics, for the landing and takeoff of helicopters on an infrequent basis. For purposes of this definition, the term "infrequent basis" means six or less landings or takeoffs per month.

Historic or architectural significance means that which has a special historic or aesthetic interest or value as part of the development, heritage, or cultural character of the city, region, state, or nation.

Home occupation means any occupation or activity incidental to residential use when carried on in the main building by immediate family residing on the premises in connection with which there is used no other than a nonilluminated name plate not more than one square foot in area and no display used that will indicate from the exterior that the building is being used for any purpose other than that of a dwelling. No person is employed other than a member of the immediate family residing on the premises. Throughout this chapter, specific home occupations shall be categorized and authorized within residential districts as either permitted or conditional uses based upon each use's particular categorization.

Hotel means a building in which lodging and possible food services are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to the boarding house or multiple-family dwelling as herein separately defined.

Institution means a building occupied by a nonprofit corporation or nonprofit establishment for public use.

Junkyard means a lot, land, or structure, or part thereof, used primarily for the collection, storage, and sale of wastepaper, rags, scrap metal, or discarded materials or for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. The term "junkyard" shall include auto wrecking yards.

Kennel means any lot or premises on which are kept four or more dogs more than six months of age for compensation or sale.

Laundromat means an establishment providing home-type washing, drying, or ironing machines for hire to be used by customers on the premises.

Liquified petroleum gas means as set forth in the rules of the state fire marshal.

Lodging and roominghouse means operator-occupied building providing accommodations for a charge to the public and by prearrangement for definite periods; meals are not provided for guests, not open to transient guests in contradistinction to hotels, motels, and camps, which are open to transient guests.

Lodginghouse means a building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period for compensation for three or more, but not exceeding usually 20 individuals, not open to transient guests in contradistinction to hotels, motels, tourist homes, and camps, which are open to transient guests.

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, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an official approved place.

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

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

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

Lot, interior, means any lot other than a corner lot with only one frontage street.

Lot area means the total horizontal area included within lot lines.

Lot frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds for the county prior to June 13, 1972.

Lot width means the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used.

Mobile home means a portable or mobile living unit (either single or double width) used or designed for human occupancy on a permanent basis. A travel trailer is not to be considered a mobile home.

Mobile home park means a parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more mobile homes or house trailers on a relatively permanent basis and in contradistinction to a transient trailer or camper park.

Motel means a motel primarily for transients travelling by motor driven vehicles with parking space on the premises for each lodging unit and with access to each such unit directly from the outside.

Neighboring structure, as used in this chapter, means any existing structure or any structure for which a building permit has been issued which is situated on any one of the following lots:

(1)

Any lot within one lot on the same side of the street on either side of the proposed construction, without regard to intersecting street lines;

(2)

Any lot within one lot of the property directly across from the proposed construction on the opposite side of the street, without regard to intersecting street lines; or

(3)

Any lot within one lot of the proposed construction providing such lot is abutting a street intersecting the street upon which the proposed construction will be located and that the front elevations of the subject structures will be approximately 90 degrees to each other.

Nonconforming use, illegal, means buildings or premises whose use is changed after adoption of this chapter for purposes which do not meet the requirements of the district in which the building or premises are located. Such nonconforming uses are violations of the zoning regulations.

Nonconforming use, legal, means continued use of buildings or premises for purposes which, prior to adoption of this chapter, do not meet the requirements of the zoning district in which such building or premises are located.

Nursing home, convalescent home, rest home and home for the aged mean an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted persons in which not less than three persons live or are kept or provided for on the premises for compensation excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or care of the sick or injured.

Operator-occupied means the owner or the owner's manager of an establishment who is required to reside within the main building of the establishment.

Overlay district means these districts do not change the zoning of the underlying area but impose additional regulations because of location in the flood plain and historic preservation district or grant relief from certain zoning requirements for mutual benefit of the city and development for a planned unit development (PUD).

Parking lot means an unenclosed area providing space for the storage or parking of two or more automobiles with the necessary access driveways and aisle space to permit ingress and egress of automobiles to the lot and individual designated parking spaces without moving other automobiles. Each parking space therein shall be at least nine feet wide by 20 feet long and contain 180 square feet per parking space. The same shall be paved in accordance with section 40-117(6).

Parking space means a durably surfaced area enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile and, if the space is unenclosed, comprising an area of not less than 180 square feet, exclusive of a driveway, connecting the parking space with the street or alley and permitting satisfactory ingress and egress of any automobile.

Permissive uses means those uses permitted in a particular zoning district without any special action or approval.

Plan commission means the city plan commission established in article VIII, division 3 of this chapter.

Planned unit development means a development which may involve the creative location and intermixing of various types of residential housing and a limited amount of business use, if desired, on one tract of land.

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

Principal building, structure, or use means a building, structure, or use which comprises the main or primary occupation and focus of a lot. Although the size of a building shall be a factor in determining whether it is the principal building, size shall be considered in conjunction with all other factors, including the actual use and intent of the occupant in making the determination.

Roadside stand means a temporary structure with a floor area of not more than 400 square feet enclosed and so designated and constructed that is easily portable and can be readily removed.

Satellite dish means a signal receiving device, characteristically shaped like a saucer or dish, the purpose of which is to receive communication or other signals from orbiting satellites.

Service station. See Automobile service station.

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.

Sign, ground, 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 uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building; includes billboards.

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

Sign, off-site, means a sign other than an on-site sign.

Sign, on-site, means a sign relating in its subject matter to the premises on which it is located or to products, accommodation services, or activities on the premises. On-site signs do not include billboards.

Sign, portable, means any ground sign which is not affixed or imbedded into the ground and is capable of being moved or transported from one site to another.

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

Sign, wall, 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, window, means a sign placed inside a building next to a window so as to be visible to the outside of the building. Sign area means the total area of the space to be used for advertising matter, 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.

Sign frontage means the dimension and feet off the ground floor level of a building front or of a side which faces the street which a business occupies. A single building can have more than one sign frontage; corner sites must have separate frontages.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered, displayed or depicted in such a manner as to appeal to the prurient interest of the viewer.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts, displayed or depicted in such a manner as to appeal to the prurient interest of the viewer.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof next above such floor, provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story, which may be 15 feet high.

Story, half, means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than five feet above the floor of such story; provided, however, that any partial story used for residential purposes shall be deemed a full story. A half story may be used for occupancy only in conjunction with and by the occupancy of the story immediately below.

Street means a general term used to describe a public right-of-way which provides designated improved areas for vehicular and pedestrian movement and may provide for vehicular and pedestrian access to properties adjacent to it and which may also provide space for the location of utilities (both above and below ground).

Street, major, means a traffic way connecting communities or connecting to limited access traffic ways which, in turn, connect to other communities.

Street, thoroughfare, means a limited access traffic way connecting two or more communities.

Street line means the line separating the public right-of-way from property abutting thereon.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

Structural alteration means any changes that would prolong the life of the supporting members of a building or structure such as the bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other chapters.

Tourist or trailer camps means an area designated or designed and equipped to accommodate two or more trailers, tents, or other temporary living or dwelling units and intended to service automobile transients in contradistinction to a mobile home park or court, which is intended for a more permanent occupancy.

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Volatile oils means as set forth in the rules and regulations of the state fire marshal.

Yard means required open space at grade unoccupied and unobstructed by any structure or portion of a structure other than projections of uncovered steps, uncovered balconies or uncovered porches; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purposes of determining the width of side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means any open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, rear, means an open space extending the full width of a lot between a building and the rear lot lines, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, side, means an open space extending the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Zoning board of appeals means the city zoning board of appeals established in article VIII, division 2 of this chapter.

Zoning district means any area or areas within the limits of the city for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

Zoning map means the official zoning map of the city as described in section 40-6.

(Ord. No. 1206, §§ 9-2-1, 9-2-2, 2-24-1981; Ord. No. O-23-08, § III, 9-12-2023)

In order to classify, regulate, and restrict the location of trades, businesses, industries, residences, and other land uses and the location of buildings designed for specific uses; to regulate and limit the height and bulk of buildings erected or structurally altered; to regulate and limit the intensity of the use of the lot areas and to regulate and determine the areas of yards, courts, and other open spaces within and surrounding such buildings, the incorporated area of the city is divided into the following zoning districts:

(1)

Agricultural district:

a.

A Agricultural District.

(2)

Residential districts:

a.

R-1 Residential District (single-family).

b.

R-2 Residential District (single-family and duplex).

c.

R-3 Residential District (four or less units).

d.

R-4 Residential District (eight or less units).

e.

R-5 Residential District (no unit restrictions).

(3)

Business districts:

a.

B-1 Business District (Local).

b.

B-2 Business District (Highway).

c.

B-3 Business District (Central).

d.

B-4 Business District (Special).

(4)

Overlay districts:

a.

F Flood Plain District.

b.

PUD Planned Unit Development.

c.

H Historic Preservation District.

(Ord. No. 1206, § 9-3-1, 2-24-1981)

The location and boundaries of the zoning districts established by this chapter are set forth on the map entitled "zoning map" which is herein and made a part of this chapter. The map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

(Ord. No. 1206, § 9-3-2, 2-24-1981)

Where uncertainty exists with respect to the precise location of any of the districts shown on the zoning map, the following rules shall apply:

(1)

Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the center lines of such streets, highways, or alleys.

(2)

Where the district boundaries are not otherwise indicated and where the property has been or may be divided into blocks and lots, such boundaries shall be construed to be the lot lines and, where the districts are bounded approximately by lot lines, lot lines shall be construed to be the boundary of such districts unless the boundaries are otherwise indicated on the zoning map.

(3)

Where a boundary line is shown as being located a specific distance from a street or road line or other physical feature, this distance shall control.

(4)

Boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses taken at a mean low water mark.

(5)

Boundaries shown as following or closely following the city limits shall be construed as following such limits.

(6)

In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on the zoning map.

(7)

Where the application of the rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the zoning board of appeals in accordance with provisions contained in chapter 2, article IV, division 3.

(Ord. No. 1206, § 9-3-3, 2-24-1981)

All territory which may be annexed to the city shall be classified automatically as being in an R-1 Residential District until such classification shall have been changed by amendment of this chapter as provided or as provided in a pre-annexation agreement.

(Ord. No. 1206, § 9-3-4, 2-24-1981)

Except as provided in this chapter, no building, structure, or land shall be erected, constructed, reconstructed, occupied, moved, altered, repaired, or used except in conformity with the regulations in this chapter specified for the class of district in which it is located.

(Ord. No. 1206, § 9-4-1, 2-24-1981)

(a)

Minimum street frontage. No lot shall be created after the adoption of this amendment of this chapter unless it abuts on a public street and has access thereto of that minimum frontage set forth by section 40-93.

(b)

Lot of record. No. In any residential district on a lot of record at the time of enactment of this chapter, one single-family dwelling may be established regardless of the size or width of the lot, provided all other requirements of this chapter are complied with.

(c)

Number of buildings on a lot. Except in the case of planned unit developments, condominium unit developments, motels, or mobile home parks, not more than one principal detached building shall be located on a lot nor shall a principal detached residential building be located on the same lot with any other principal building.

(d)

Lots unserved by sewer or water. In any residential district where neither central water supply nor central sewerage system is available within 300 feet of proposed lot, one single-family detached dwelling may be constructed, provided the otherwise specified lot area and width requirements shall be a minimum of one acre and 200 feet, respectively.

(Ord. No. 1206, § 9-4-2, 2-24-1981)

(a)

Time of construction. No accessory buildings, structures, or uses shall be permitted on any lot prior to the time of construction of the principal building to which it is accessory.

(b)

Percentage of yard occupied. No detached accessory building or buildings shall occupy more than 50 percent of the area of a side or rear yard. A total of 50 percent of front yard, side yards, and rear yard must be a pervious soil or material.

(c)

Height of accessory building. No detached accessory building or structure shall exceed 90 percent of the height of the principal building or structure or 24 feet, whichever is less.

(d)

Size of accessory building. A lot may contain more than one accessory building, as long as the terms of this and all other sections of the zoning regulations are complied with. No single accessory building larger than 960 square feet of ground or floor area shall be permitted in the R-1 through R-4 Districts, except private garages may provide 480 square feet per unit on multifamily lots.

(e)

Location on lot. No accessory building shall be erected in any front yard. Accessory buildings shall be no closer than five feet from all lot lines adjoining lots which are in any residential district and at least ten feet from alley lines. It shall not encroach upon the required side yard. No accessory building is permitted on easement areas.

(f)

Over the air reception devices. Over the air reception devices shall be situated in the rear or side yard of all residential districts, and either on the ground or on buildings or other antenna structures in business districts. Devices may be building mounted to surfaces other than the buildings front facade unless no signal can be obtained anywhere else on the property. No over the air reception device shall be mounted where the device would interfere in any way with a required egress exit. No over the air reception device can be mounted to the front of a structure in the historic preservation district. No over the air reception device shall be mounted in a manner or location that would be unsafe to the general public.

(Ord. No. 1206, § 9-4-3, 2-24-1981)

No lot, yard, or open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter and, if already less than the minimum required, it shall not be further reduced.

(Ord. No. 1206, § 9-4-4, 2-24-1981)

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under the appendix and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open space, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified in this chapter within the section applying to such districts.

(Ord. No. 1206, § 9-4-5, 2-24-1981)

In a residential district no fence, structure, or planting which obstructs vehicular visibility shall be erected or maintained within a required front yard setback area.

(Ord. No. 1206, § 9-4-6, 2-24-1981)

Essential services shall be permitted as authorized and regulated by law and other regulations of the community, it being the intention hereof to exempt such essential services for the application of this chapter.

(Ord. No. 1206, § 9-4-7, 2-24-1981)

All inhabited mobile homes or house trailers shall be located in a mobile home court or park that has received a conditional use permit as required by this chapter. No mobile home or house trailer outside an approved mobile home court or park shall be connected to utilities except those mobile homes or house trailers being offered for sale by a licensed dealer or manufacturer and not inhabited which may be connected to electrical outlets on the dealer's sales lot.

(Ord. No. 1206, § 9-4-8, 2-24-1981)

Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated uses of any development, building structure or part thereof for which the official approvals and required building permits have been granted before the enactment of this chapter, the construction of which, conforming with such plans, shall have been started prior to the effective date of this chapter and the completion thereof carried on in a normal manner within the subsequent six-month period and not discontinued until completion except for reasons beyond the builder's control.

(Ord. No. 1206, § 9-4-9, 2-24-1981)

The residential use of buildings or structures consisting solely or primarily of a basement or cellar which is part of a conventionally designed building shall comply with all other applicable building, health, fire, safety, and housing regulations.

(Ord. No. 1206, § 9-4-10, 2-24-1981)

(a)

Flood hazard. In any district which is subject to flood hazard, a building permit of any structure shall be issued only when the construction meets the requirements of the flood plain regulations.

(b)

Obstruction of watercourse channel. To prevent encroachment upon or construction in river or creek channels and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks, and other natural watercourses, there shall not be placed, erected, or located within the designated floodplain of such watercourses any building or structure, pier, or marina, retaining or revetment wall, except authorized bridges of dams. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry, or any other kind of fill, except as provided in the city flood control ordinance.

(Ord. No. 1206, § 9-4-11, 2-24-1981)

(a)

A fence is a structure which is a barrier used to mark a boundary or as a means of protection, confinement, screening, or decoration.

(b)

Fences, walls, hedges, and other plantings are permitted in residential yards under the following restrictions:

(1)

In the front yard, up to the front boundary of the yard, subject to subsection (b)(2) of this section.

(2)

No hedges or other plantings (or any portion thereof) shall be permitted within three feet of any street or sidewalk. All hedges and other plantings shall be maintained and trimmed so as to comply with this subsection.

(3)

Such fences, walls, hedges, and other plantings shall not exceed seven feet at the highest point including the post in height above the natural grade level in any yard. No such fence, wall, hedge, or other planting shall be permitted to obstruct traffic visibility on corner lots or other alley or driveway entrances.

(4)

All fences, walls, hedges, and other plantings shall specifically comply with any state statutes regarding height and positioning along roads, streets, and highways within the jurisdiction of the state.

(c)

Security fences are permitted in nonresidential yards up to the property line of the lot. Such fences shall not exceed ten feet in height. No such fence shall be permitted which would obstruct traffic visibility on corner lots or other alley or driveway entrances.

(d)

No fence consisting or made of barbed wire, or of which barbed wire is a part, or any wire which is charged with electrical current, shall be built or used in residential zones. In business and industrial zones, barbed wire may be placed seven feet or more above the ground when placed in conjunction with a woven wire security fence.

(e)

No fence, wall, or hedge shall be built or planted in such a location or at such a height as to block the passage of sunlight to receptacles for solar heating units which are situated on neighboring lots. This restriction shall apply only when the solar receptacles are in existence or in the process of construction prior to the fence, wall, hedge, or other planting.

(f)

Swimming pools. Every person who owns or is in possession of any premises on which there is situated a swimming pool, either in ground or above ground, which has a water depth of 18 inches or more in any portion thereof, shall maintain on the lot or premises upon which such swimming pool is situated a fence, wall, or other adequate structure completely surrounding the pool and constructed so as to make it inaccessible to small children. The fence, wall or other structure must be not less than four feet in height, with no openings large enough to admit a child except through doors or gates. However, this minimum height requirement shall not be construed to permit swimming pool fences with a maximum height higher than six feet, as set forth in this chapter. All doors or gates in fences surrounding swimming pools shall be of such a size as to completely fill any opening in the fence, wall, or other structure and shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed. The closing or latching devices shall be located not less than four feet above grade or be otherwise inaccessible from the outside to small children. In lieu of self-closing and self-latching devices, the doors and gates may be equipped with locks which shall be kept locked at all times when the pool is not in actual use.

(g)

The provisions of this section shall not be applicable to fences, walls, hedges, or other plantings which are in existence on November 12, 1985, unless the city building inspector determines that such fence, wall, hedge, or other planting constitutes a danger to public health or safety. The determination of the building inspector shall be in writing and set forth the reasons the fence, wall, hedge, or other planting constitutes such a danger. A copy of the written determination shall be mailed to the owner of the premises on which the fence, wall, hedge, or other planting is situated. Such owner may appeal the determination in accordance with the provisions of this chapter.

(Ord. No. 1206, § 9-4-12, 2-24-1981)

No establishment or business shall permit adult live entertainment nor conduct business as an adult mini-motion picture theater or adult motion picture theater within the boundaries of the city.

(Ord. No. 1206, § 9-4-13, 2-24-1981)

Adult bookstores shall be allowed as a conditional use in B-2 Highway Business zoning districts only and shall not be allowed as a conditional use or permissive use in any other district.

(Ord. No. 1206, § 9-4-14, 2-24-1981)

The following provisions shall apply to home occupations within residential districts:

(1)

Any of the home occupations set forth in subsection (2) of this section shall be permitted uses within their residential district as long as they meet the following requirement:

a.

The total area devoted to such home occupations shall not exceed 25 percent of the floor area of the primary building and not to exceed 20 percent of the floor area of any accessory building.

b.

It uses only household equipment. Such equipment shall not create offensive noise, vibration, make dust, odors, heat, glare, pollution, or result in interference of radio or television reception.

c.

The occupation shall not require internal or external alterations, or involve construction features not customary in a residential building.

d.

No interior or exterior business sign shall be permitted unless authorized by the sign regulations for residential districts, or as contained in the definition of home occupation.

e.

The volume of vehicular or pedestrian traffic or parking does not result in congestion or is in excess of what is normal in a residential neighborhood.

(2)

The particular home occupations which are permitted uses, subject to the requirements of subsection (1) of this section, are as follows:

a.

Dressmaking, sewing, tailoring and millinery.

b.

Laundering (but not dry cleaning).

c.

Sales of agriculture products, limited to the growing season.

d.

Printing, sculpturing or writing.

e.

Telephone answering service.

f.

Model making and rug weaving.

g.

Landscaping

h.

Crafts.

i.

Bicycle repair.

j.

Office for a real estate or insurance agent, architect, accountant, clergyman, artist, author, musician, or other professional office.

k.

Musical instruction, limited to four students simultaneously.

l.

Tutoring, limited to four students simultaneously.

m.

Computer programming.

n.

Filing or sharpening of saws.

o.

Dog grooming.

p.

Antiques repair or restoration.

q.

Gunsmithing.

r.

Mail order sales and delivered specialty items where consultants have home visits and sell products via in person or mail delivery.

s.

Fishing tackle, repair and construction of.

t.

Photography no studio.

u.

Babysitting/daycare facility, limited to number of children in compliance with state regulations.

v.

Woodworking, cabinet making.

w.

Sale of fish bait.

(3)

The particular home occupations which are conditional uses, subject to the provisions of this chapter, are as follows:

a.

Barbershops and beauty salons.

b.

Carpentry/construction companies.

c.

Chiropractic offices.

d.

Mortuaries.

(4)

All of the home occupations listed in subsections (2) and (3) of this section, in addition to all other requirements set forth in this chapter, must comply with the following provisions:

a.

Only the person owning the premises or renting the premises for which the conditional use is requested may operate and run the business requested. Absolutely no employees whatsoever shall be allowed in the running and operation of the business.

b.

The business requested must meet all state licensing requirements and must meet all local regulations requirements pertaining to the business.

c.

No sign designating the location of the business will be allowed on the premises, other than a sign having no more than one square foot of area on any surface.

d.

The conditional use must terminate upon legal transfer of the property by the person running the business, or relinquishment of possession of the property by the person running the business, or upon discontinuance of the business for a period of greater than 90 days.

(5)

The following occupations and uses are prohibited in all residential districts and may not exist either as permitted or conditional uses:

a.

Dental, physician offices.

b.

Dance studios.

c.

Nursery schools.

d.

Restaurants.

e.

Kennels or stables.

f.

Automobile repair and paint shops

g.

Welding shops and machines shops.

h.

The assembly by mass production of items of resale other than those listed above is prohibited. Assembly by mass production means the creation or manufacture of items from parts, some of which are interchangeable.

(6)

The permitted, conditional and prohibited uses provided in this section are by way of example and not by way of limitation and any proposed home occupation that is neither specifically permitted or prohibited shall be considered a conditional use and subject to those provisions. In addition, in the event a use is one of the permitted uses as set forth above, but does not comply with the five requirements to be considered permissive, the use shall be considered a conditional use and subject to provisions applying thereto. All home occupations and approvals shall cease when the property is sold or leased and is not transferable to a new location without a new approval.

(Ord. No. 1206, § 9-4-15, 2-24-1981)