The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Active solar system means a solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.

Agriculture means the planting, cultivating, harvesting and storage of grains, hay or plants, commonly grown in the county. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is ten acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops. The storage of crops, grains, feeds or other products shall be limited to those raised on or to be consumed on the premises.

Alteration means any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

Apartment means a room or suite of rooms, within an apartment house, arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

Basement means a story below the first story as defined under the term "story," counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

Blades shall mean the aerodynamic surface that catches the wind.

Block means a piece or parcel of land entirely surrounded by public highways or streets. In cases where the platting is incomplete or disconnected, the community development director shall determine the outline of the block.

Boardinghouse or lodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for not more than three persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Breezeway means a pedestrian connection between two buildings, having a permanent roof and floor and having no side walls except that screen wire or lattice having at least 50 percent open area may be attached in the form of sidewalls.

Buffer zone means an open and unpaved ground area around the perimeter of a tract landscaped or planted so as to provide an attractive green space, having a grade not exceeding 2:1 and a width of not less than 35 feet. Parking is not allowed in a buffer zone, except as otherwise provided herein. Each buffer zone shall be maintained by the owner thereof in accordance with applicable laws and codes without expense to the city.

Building means an enclosed structure, anchored to permanent foundation, and having exterior or party walls, and a roof, designed for the shelter of persons, animals or property. When divided by other common or contiguous walls, each portion of section of such building shall be regarded as a separate building, except that two buildings connected by a breezeway having a continuous roof shall be deemed as one building.

Building-integrated solar systems means an active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings.

Cluster dwelling unit means a single-family dwelling unit constructed as a part of a series or grouping of other single-family dwelling units, each single-family dwelling unit being designed and intended to be separately owned in fee, including but not limited to property coming under the Condominium Property Act of the state (RSMo ch. 448).

Cluster grouping means a series or grouping of cluster dwelling units. Each single-family cluster dwelling unit may be adjoined or attached to adjacent dwelling units by party walls or otherwise, or may be constructed as an independent structure.

Commercial floor area means that area of a building surrounded by permanent walls and covered by a permanent roof, excluding storage areas, utility rooms, washrooms, vaults and other areas not generally used by patrons.

Commercial garage means a building, or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which garage is operated for commercial purposes.

Community acreage means a building, or portion thereof, other than a public, private or storage garage, providing storage for automobiles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.

Comprehensive facility means comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

Comprehensive marijuana cultivation facility means a facility licensed by the department of health and senior services to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.

Comprehensive marijuana dispensary facility means a facility licensed by the department of health and senior services to acquire, process, package, store on or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as allowed by applicable law to a qualifying patient or primary caregiver, as defined by law, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of applicable laws and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

Comprehensive marijuana-infused products manufacturing facility means a facility licensed by the department of health and senior services to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.

Corner lot means a lot abutting upon two or more streets at their intersection; a corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the community development director.

Curb level means the top of the curb in front of the lot or, in the case of a corner lot, along that abutting street where the curb is the highest.

Department means Department of Health and Senior Services (DHSS).

Dwelling means a building, or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, motels, house trailers or mobile homes.

Emergency generator means an engine that converts mechanical energy into electrical energy during times of electrical power outages or failure. Emergency generators are not regulated by this chapter.

Extended stay hotel means any structure consisting of one or more buildings, with more than five dwelling units with provisions for living, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to (a) persons for extended-stays and/or stays longer than 30 days, regardless of the presence of rentals or leases for shorter periods of time; or (b) for stays longer than 30 days in rooms equipped with kitchen facilities. Or, where more than five percent of the guest rooms therein contain fixed cooking appliances.

Family means one or more persons who are related by blood, marriage or adoption living together and occupying a single housekeeping unit, or a group of not more than five (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit basis. The term "family" shall also include individuals residing in a home for mentally or physically handicapped persons or residing in a foster home, in compliance with and as permitted by state statute.

Front lot line means the boundary between a lot and the street upon which it fronts.

Front yard means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Garden-apartment building means an apartment building, located on a lot either singly or together with other, similar apartment buildings, the total ground floor area of which does not exceed 25 percent of the area of the lot, and which building does not exceed 35 feet or two and one-half stories in height.

Grid-intertie solar system means a photovoltaic solar system that is connected to an electric circuit served by an electric utility company.

Height of building or wall forming a yard or court means the vertical distance from the lowest level of such yard to the highest point of any boundary wall.

Height of buildings means the vertical distance measured from the average finished grade abutting the building to the level of the highest point of the roof beams of flat roofs, or roofs including not more than one inch to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs.

Homeless shelter means a building generally operated by a public entity, a publicly funded entity, a nonprofit or charitable organization, a church, or a place of worship that provides temporary day and/or overnight shelter to one or more persons who lack a fixed, regular, and adequate nighttime residence.

Hotel/motel means any structure consisting of one or more buildings, with 60 or more dwelling units with provisions for transient living, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary lodging of generally ten days or less is offered for pay to persons, is not intended for long-term occupancy, and does not otherwise meet the definition of an extended-stay hotel defined in this section.

House trailer or mobile home means any structure used or designed for living, commercial or sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place.

House trailer or mobile home court means land used or intended to be used, let or rented for occupancy by one or more house trailers or mobile homes.

Indirect illumination means lighting of a sign or object in such a way that the source of light cannot be seen.

Infused preroll means a consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper, (2) dried flower, buds, and/or plant material, and (3) a concentrate, oil or other type of marijuana extract, either within or on the surface of the product. Infused prerolls may or may not include a filter or crutch at the base of the product.

Interior lot means a lot whose side lines do not abut upon any street.

Kitchen facilities shall mean kitchen amenities including, but not limited to, refrigerators, stoves, ovens, and kitchen-type sink. Amenities limited to a microwave, mini refrigerator, and/or an appliance designed to produce coffee or tea do not constitute "kitchen facilities" for purposes of this definition.

Large/utility scale wind turbine shall mean a wind energy conversion system (WECS), consisting of a wind turbine, tower, and the associated control or conversion electronics, which has a rated capacity of more than 200 kW and which is intended to produce electricity for sale to a rate regulated or nonregulated utility or use off site. Turbines in this category are typically grouped together to form wind farms or a wind power plant, these groupings may also be referred to as a wind facility.

Lot means a parcel of land occupied or to be occupied by one building or unit group of buildings, and the accessory buildings or use customarily incident thereto, including such open spaces as are required under this title, and having its principal frontage upon a public street.

Lot depth means the mean horizontal distance from the front street line to the rear line.

Lot lines means the lines bounding a lot as defined herein.

Lot width means the horizontal distance between side lines, measured at the front building line.

Marijuana or marihuana means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana infused products. "Marijuana" or "marihuana" do not include industrial hemp, as defined by Missouri statute, or commodities or products manufactured from industrial hemp.

Marijuana facility means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the Department of Health and Senior Services, but shall not include a licensed medical facility.

Marijuana-infused products means products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.

Marijuana microbusiness facility means a facility licensed by the department of health and senior services as a microbusiness dispensary facility or microbusiness wholesale facility, as defined by law.

Medical marijuana means marijuana or marihuana used for medical purposes as set forth in Article XIV, Section 1, of the Missouri Constitution and the rules promulgated by the Missouri Department of Health and Senior Services.

Medical marijuana cultivation facility means a facility licensed by the department of health and senior services, to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

Medical marijuana facility means any medical marijuana cultivation facility, medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in this section.

Medical marijuana dispensary facility means a facility licensed by the department of health and senior services to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

Medical marijuana-infused products manufacturing facility means a facility licensed by the department of health and senior services, to acquire, process, package, store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

Marijuana testing facility means a facility certified by the department of health and senior services, to acquire, test, certify, and transport marijuana, including those originally licensed as a medical marijuana testing facility.

Microbusiness dispensary facility means a facility licensed by the department of health and senior services to acquire, process, package, store on or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (clones), marijuana infused products, and drug paraphernalia used to administer marijuana as allowed by law to a qualifying patient or primary caregiver, as defined by law, or to a consumer, anywhere on the licensed property or to any address as directed by the qualifying patient, primary caregiver, or consumer and consistent with the limitations of Article XIV of the Missouri Constitution and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.

Microbusiness wholesale facility means a facility licensed by the department of health and senior services to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (clones) and marijuana infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to 250 flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.

Micro wind turbine shall mean a wind energy conversion system (WECS), consisting of a wind turbine, tower, and the associated control or conversion electronics, which has a rated capacity of ten kW or less. Examples of items that can be used to power include small appliances in boats and campers, a few lights, or portable communication systems, such as radio equipment.

Multiple dwelling means a building, or portion thereof, arranged, intended or designed for occupancy by three or more families, including apartment houses, townhouses and apartment hotels.

Nacelle shall mean the body of the propeller-type wind turbine.

Nonconforming use, building or yard means a use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to December 11, 1978.

Off-grid solar system means a photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.

One-family dwelling means a detached building arranged, intended or designed for occupancy by one family.

Overspeed controls shall mean mechanisms that are used to limit the speed of blade rotation to below the design limits of the WECS. The following systems describe different methods for slowing or stopping a wind turbine in the event of malfunction, for repairs, or any other incident as needed.

(a)

Braking shall mean a method of overspeed control that utilizes a disc brake, which can be applied mechanically, electrically, or hydraulically to stop the rotor in emergencies.

(b)

Feathering shall mean a method of overspeed control that rotates the blade axis, or rotors, at an angle to maintain the torque at rate wind speeds.

(c)

Furling shall mean the method of overspeed control by which the blades are turned away from the direction of the wind.

Passive solar system means a solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Photovoltaic system means a solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Preroll means a consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

Private garage means an accessory building for storage only of automobiles.

Private stable means an accessory building for the keeping of horses, ponies or cows, owned by occupants of the premises, and not kept for remuneration, hire or sale.

Rear lot line means the boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the community development director shall determine the rear line.

Rear yard means a yard between the rear lot line, the rear line of the main building and the side lot lines.

Renewable energy easement, solar energy easement means an easement that limits the height or location, or both, of permissible development on the burdened land of structures or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land.

Renewable energy system means a solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window.

Residential floor area means that area of living space surround by permanent walls and covered by a permanent roof, excluding garages or carports and unfinished rooms below grade.

Residential housing and treatment for alcohol and drug addiction means residential housing and treatment facilities that provide care to an individual(s) who use and abuse a substance (alcohol or drug) that causes significant problems or distress.

Residential housing and treatment for mental illness/behavioral health means residential housing and treatment facilities that provide care for the mentally ill involving changes in emotion, thinking, or behavior (or a combination of these).

Riding stable means a structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire, including riding tracks.

Roof pitch means the final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.

Side lot line means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or a side street line.

Side yard means a yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard thereof.

Sign means any words, numerals, figures, devices, designs or trademarks by which information is made known, such as are used to identify a building structure or object, or designate or mention an individual, profession, firm, business or commodity.

Small wind turbine means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of more than ten kilowatts (kW), but less than 100 kW and which is intended to primarily reduce on-site consumption of utility power.

Solar access means a view of the sun, from any point on the collector surface, that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. Standard time on any day of the year.

Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

Solar daylighting means a device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy device means a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting, or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive solar systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.

Solar energy system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating.

Solar heat exchanger means a component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.

Solar hot water system means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

Solar mounting device means devices that allow the mounting of a solar collector onto a roof surface or the ground.

Solar storage unit means a component of a solar energy device that is used to store solar generated electricity or heat for later use.

Staff means person or persons, as employees, charged with carrying out the work of the organization or establishment.

Storage garage means a building or portion thereof, except those defined as a private, commercial or community garage, providing storage for motor vehicles, with facilities for washing, but no other service.

Story means that part of a building included between the surface of one floor and the surface of the floor next above or, if there is not floor above, that part of the building which is between the surface of a floor and the ceiling next above. A top story attic is a half story, when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half story when between 50 and 75 percent of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

Street means a right-of-way which affords principal means of vehicular access to property abutting thereon.

Street line means the dividing line between the street and the abutting property.

Structural alteration means any change in the supporting members of a building, such as foundation, bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires locating on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

Through lot means an interior lot, having frontage on two streets.

Tourist court or motel means a tract or parcel of land upon which one or more tourist sleeping units and required parking areas are located.

Total extended height means the height above grade to a blade tip at its highest point of travel.

Tower shall mean the monopole, freestanding, or guyed structure that supports a wind generator. Towers are made from tubular steel, concrete, or steel lattice. The vertical component of a wind energy conversion system that elevates and supports the wind turbine generator and attached blades above the ground up out of the turbulent wind.

Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine itself.

Townhouse means a building containing two or more dwelling units, which dwelling units are separated by a party wall and are designed and intended to be separately owned in fee under the condominium statues of the state.

Transitional housing means transitional housing is temporary housing usually incorporated with case management for individuals living in an emergency shelter at least 60 days to help move them to self-sufficiency and obtain permanent housing.

Transportation facility means a facility certified by the Missouri Department of Health and Senior Services to house operations involving the transport of marijuana product to or from a marijuana facility or medical marijuana facility; or to a qualifying patient, primary caregiver, or consumer.

Transportation facility means a facility licensed as such by the Missouri Department of Health and Senior Services in connection with the transportation and storage of medical marijuana.

Two-family dwelling means a building arranged, intended or designed for occupancy by two families.

Turbine shall mean the parts of a wind system including the blades and nacelle.

Variance means relief from one of the provisions of this title, as applied to a specific piece of property, as distinct from rezoning.

Wind energy conversion system (WECS) shall mean any machine designed for the purpose of converting wind energy into electrical energy. The WECS includes all parts of the system.

Words and phrases. Words used in the present tense include the future, words used in the singular number include the plural, and words used in the plural include the singular. The word "building" includes the word "structure", the word "shall" or the word "must" is mandatory; the term "used for" includes the words "designed for" or intended for."

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a read yard, the least horizontal distance between the lot line and the nearest vertical wall of the main building shall be used. Where lots abut a street that is designated a thoroughfare on the thoroughfare plan of the city, all yards abutting such street shall be measured from a line one-half the proposed right-of-way width from the centerline, or form the lot line, whichever provides the greater setback. On the other lots, all yards abutting a street shall be measured from a line 25 feet from the centerline, or from the lot line, whichever provides the greater setback.

(Ord. No. 4.414, § 1, 1-22-2018; Ord. No. 4.487, § 2, 8-12-2019; Ord. No. 4.600, § 1, 6-27-2022, Ord. No. 4.653, § 1, 10-23-2023)

Cross reference— Definitions generally, § 1.100.020.

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration or use of buildings, structures or land, the city is hereby divided into the following districts:

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

Boundaries of the districts, as enumerated in section 7.100.020, are hereby established as shown by the zoning district map and legal descriptions as set forth herein. It shall be the duty of the community development director to keep on file in the community development director's office an authentic copy of such map and legal descriptions, and all changes, amendments or additions thereto.

(b)

Whenever any street or other right-of-way is vacated, the particular zoning district in which the adjacent property lies shall be automatically extended to the centerline of any such street. Whenever a street or any other right-of-way is dedicated, the zoning district within the street or right-of-way shall be void.

(Ord. No. 4.414, § 1, 1-22-2018)

Except as hereinafter provided:

(1)

No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

(2)

No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is located.

(3)

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this title, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

(4)

Every building hereafter erected or altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot, except as provided herein.

(5)

Every building, structure or other use shall meet all requirements set out by that section of this title specifically relating thereto, regardless of whether it may be located in a district zoned for higher uses.

(Ord. No. 4.414, § 1, 1-22-2018)

The provisions of this title shall be held to be the minimum requirements for the promotion of health, safety, morals or general welfare. Whenever this title requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or less number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes higher standards than are required in any other statute or local ordinance, restriction or regulation, the regulations of this title shall govern.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

Application for amendment, revision or change of the zoning district map of the city may be made by any person, or such person's agent, who owns the land sought to be rezoned. Such application shall be made to the community development director upon forms prescribed and furnished by the community development director. In addition, the following information shall be submitted with each application:

(1)

An existing conditions map showing:

a.

A correct legal description of the tract being considered.

b.

The existing topography, zoning and improvements of all property adjacent to and within 185 feet.

c.

All existing streets adjacent to the tract, including pavement and right-of-way widths.

d.

All existing drainage channels and structures.

(2)

A proposed site development plan showing:

a.

The size and location or proposed improvements.

b.

Proposed versus required parking ratio.

c.

Proposed driveway locations and widths.

d.

Any proposed drainage improvements.

e.

Any proposed landscaping, fencing, screening, etc.

(b)

A fee as established from time to time by the city council shall accompany each application for an amendment. Such fee shall be set out in the schedule of fees and charges on file in the office of the city clerk. Immediately upon receipt of such application, the community development director shall note thereon the date of filing and make a permanent record thereof. The planning commission shall conduct a public hearing on all such applications; the community development director shall note thereon the date of filing and make a permanent record thereof. The planning commission shall conduct a public hearing on all such applications no later than 40 days from the date of the filing of the application. Any such hearing may, for good cause and at the request of the applicant, or in the discretion of the commission, be continued. Notice of such hearing shall be published in one issue of a newspaper of general circulation legally authorized to publish such notices, such notice to be published at least 15 days prior to date of such hearing before the commission.

(c)

Upon final hearing of such application, the commission shall approve or deny the same. A report of such action, together with a recommendation for final approval or denial, shall be made by the commission to the city council.

(d)

Before acting upon an application for amendment, the council shall set a time and place for a hearing thereon, notice of which hearing shall be published at least once in a newspaper of general circulation legally authorized to publish such notices at least 15 days prior to the date of such hearing.

(e)

Recommendations for revision or amendment of this title, including the zoning district map, may also be initiated by the planning commission, upon its own motion, for final determination by the city council; likewise, the city council may initiate, revise, modify or amend this title, including the zoning district map, upon its own motion; provided that such proposed changes shall first be submitted to the planning commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing as provided herein.

(f)

In case a protest against such revision or amendment is presented, duly signed and acknowledged (properly notarized) by the owners of 30 percent or more, either of the areas of land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to, and 185 feet distant from, the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the city council present and voting at the meeting.

(g)

No application for rezoning with respect to, or that includes, any tract or portion of land, for which rezoning was previously denied, shall be accepted by the planning commission or council within 60 days of the date of the final denial by the council of such previous request; provided that the council may waive this provision, in the event of substantially changed conditions, on application to the council by sworn affidavits setting forth in detail why a waiver is requested and the grounds therefor.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

In case any building or structure is erected, constructed, reconstructed, moved, altered or converted, or any building, structure or land is used in violation of this title, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in our about such premises. Such regulations shall be enforced by the community development director, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat, in violation of any provision of the regulations enumerated herein.

(b)

The owner or general agent of a building or premises in or upon which a violation of any provision of this title has been committed, or shall exist, or the lessees or tenants of an entire building or entire premises in or upon which such violation has been committed, or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in or upon which such violation has been committed, or shall exist, or the general agent, architect, building contractor or any other person who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00, for each and every day that such violation continues. If the offense is willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 for each and every day that such violation shall continue, or both such fine and imprisonment.

(Ord. No. 4.414, § 1, 1-22-2018)