For the purpose of this article, certain words and terms that apply to this article are defined in division 5 (Definitions), or as defined within a section.

Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular.

The word "shall" is mandatory and not discretionary.

The word "may" is permissive.

The word "lot" shall include the words "piece," "premises," "tract" and "parcel," and except when specifically stated otherwise, shall mean a building lot.

The term "less restrictive district" shall mean one with more permitted, or allowed, uses.

The word "building" shall include any structure designed or built for the support, enclosure, shelter or protection of persons or property of any kind.

The phrase "used for" shall include the phrase "arranged for," "designed for," "intended for," "maintained for," "occupied for," and shall apply exclusively to physically existing uses.

This district is intended to be composed of single-family, detached dwellings on large or intermediate-sized lots, which form a neighborhood characterized by owner-occupied homes in a low density setting.

This district is intended to be composed of single-family detached homes; cluster housing, single-family attached homes; duplexes; and HUD-code manufactured homes located on single-family residential lots. Lot sizes and home sizes are intended to be smaller than SF-1, and situated in a medium density setting. Attached dwellings may be clustered together in rows of townhouses and other zero-lot-line clustering, or patio homes. It is intended that these dwellings will form a neighborhood characterized by owner-occupied homes in the highest density setting of such homes and by open spaces in common ownership or otherwise which are designed to give relief to the density of dwellings and to provide desired amenities for this type of neighborhood. It is intended that advanced and creative designs or residential dwellings and their arrangements, and landscape planning will be encouraged in this district. A master site plan is required before development of cluster homes may be considered. Dwellings must meet minimum square feet living area regulations per living area.

This district is intended to be composed of mostly apartment buildings in a medium density setting, including the smallest size apartment buildings (duplexes and triplexes) and those of larger sizes within a range up to that which will not exceed the maximum allowable number of dwelling units.

This district is intended to be about the same as "MF-M" except that higher densities and taller apartment buildings are permitted.

This district is intended to be composed of manufactured home parks and/or manufactured home subdivisions. Recreational vehicle parks are allowed after approval of a conditional use permit.

This district allows for a variety of retail, business services and other commercial business in areas other than the highway corridors and the central business district. Uses permitted in the "LC" are outlined in the commercial, manufacturing and industrial use chart.

This district is intended to accommodate all types and sizes of commercial enterprises exclusive of warehousing and manufacturing. It is intended that much of the land contiguous to U.S. 281 fall in this classification. Uses permitted in the "TC" are outlined in the commercial, manufacturing and industrial use chart.

This district is intended to accommodate the development of commercial enterprises exclusive of warehousing, manufacturing, storage and industrial uses, such as fabrication of materials and specialized manufacturing and research institutions, all of a non-nuisance type. Uses permitted in the "TC/LMI" are outlined in the commercial, manufacturing and industrial use chart.

This district is intended to accommodate all types of industrial and warehousing uses, including oil and gas well servicing companies, and all other uses not prohibited by ordinance. Uses permitted in the "MI" are outlined in the commercial, manufacturing and industrial use chart.

This district is intended to encourage creative development of the land, to provide locations for well-planned comprehensive developments and to accommodate a variety of flexibility in the development patterns of the city. Land use can include well-planned comprehensive single-family housing developments as well as other commercial uses. Uses permitted in the "PD" are outlined in the commercial, manufacturing and industrial use chart.

This district is intended to encourage a central location for the placement of temporary mobile food vendors, providing for a centralized location for the convenience of citizens and patrons and creating a destination draw for citizens, visitors and tourists.

The boundaries of the districts are as shown on the official zoning district map, which is hereby adopted and made a part of this article. It shall be the duty of the city secretary to keep the map current by marking and otherwise indicating on it the changes of the district boundaries and of uses as a result of amendments to this article.

Where uncertainty arises with regard to the boundaries of districts as shown on the map the following rules shall apply:

On double frontage lots, a minimum front yard shall be required on both streets and all front yard regulations shall apply.

When a double frontage lot is located in any residential district, the major thoroughfare shall be the rear lot line, and such lot shall front on the minor street.

Where a double frontage lot is developed with a major thoroughfare frontage as the rear lot line and a screening device is installed along the rear line, the screening device shall meet the fence and screening device requirements in this article and shall be maintained by the property owner.

All residential uses and buildings, except servant's quarters, garage apartments and guest houses, as herein defined, are principal uses and buildings. Accessory buildings are not allowed on a lot without the existence of a principal use building.

No accessory building, other than servant's quarters, guest houses and garage apartments located in districts where those buildings are permitted, shall be used for dwelling purposes.

In addition to those uses listed as accessory uses in the district regulations, the following list, while not all-inclusive, are also considered uses for accessory buildings:

In all required yards:

In front yards.

In side yards: Bay windows, overhanging eaves or gutters projecting two (2) feet or less into a required yard, but in no case shall such eaves or gutters be closer than three (3) feet from the side lot line.

In rear yards: Detached off-street parking structures; open off-street parking spaces; accessory buildings; tool rooms; and, similar buildings or structures for domestic or agricultural storage, balconies, breezeways and open unroofed porches, one-story bay windows and overhanging eaves or gutters. All such permitted obstructions shall be a minimum of 5' from all property lines.

Nothing herein provided shall be construed as permitting any obstruction to view that may constitute a traffic hazard. On the contrary, it shall be unlawful for any person to erect or place or cause to be erected or replaced [placed] on any property under his control any hedge, tree, shrub, or other growth or any fence or other structure in such manner or at such location as to constitute an obstruction to view creating a traffic hazard. On corners, or on street curves of more than sixty (60) degrees, when doubt may exist regarding sight obstructions, the approval of the supervisor, street department, and building inspector [is required]. No obstructions of any kind shall be placed within twenty (20) feet of any corner or street curves of more than sixty (60) degrees.

On any lot used for detached single-family residences, there shall be provided at least two (2) vehicle parking spaces of not less than two hundred (200) square feet each and spaces shall be in conformance with off-street construction standards.

No parking space shall occupy any part of the required front yard of a nonresidential use in a residential district.

Off-street parking regulations for uses other than residential are contained in appendix A. These regulations shall apply to permitted nonresidential uses in residential use districts, and to the appropriate commercial and industrial uses.

Such use or structure was in existence and lawfully operating at the time of the passage of this article on March 9, 2020 and has since been in regular and continuous use; or

Such use or structure is a lawful use at the time of the adoption of any amendment to this article but by such amendment is placed in a district wherein such use is not otherwise permitted.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

It is the intent of this article to allow nonconforming uses to continue, under regulations contained in this article, until the nonconforming uses are removed, however this article does not encourage the nonconforming uses to continue. Unless permitted in another section of this article, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed or altered.

A nonconforming use of a building may be extended throughout the building, provided:

No nonconforming use within a building may be extended to occupy any land outside the building.

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use.

In the case of existing manufactured home parks that are nonconforming, the number of manufactured homes may not be increased without conforming to the MH-1 district regulations of this article. If a manufactured home is removed from a district that does not allow manufactured homes, another manufactured home may not be placed on that lot.

For properties in existence at the time of the passing of this ordinance and in which the lot size or the dwelling size does not comply with the minimum sizes designated for each specific zoning district, the city council issues the city manager authority to make the determination to allow alterations to structures, including structural alterations and repairs, ensuring compliance with all other codes and regulations.

When such use is discontinued or abandoned; discontinuance or abandonment shall be defined as follows:

When any provision of this article, or any other ordinance, or federal or state statute is violated with respect to a nonconforming use.

When a nonconforming use is changed to a conforming use by rezoning.

When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than fifty percent (50%) of its value.

When the right to maintain or operate a nonconforming use has been terminated by the board of zoning adjustment.