The city is hereby divided into zoning districts as listed in the section.

(Ord. of 1-10-2006, § 3.1; Ord. No. 19-03, § 2, 3-12-2019)

(a)

A, agricultural district. The A district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an agricultural district is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district to provide for orderly growth and development in accordance with the comprehensive plan. See division 2 of this article for A, agricultural district regulations.

(b)

SF-E, single-family residential district—estate. The SF-E district provides for residential development on large lots with a minimum building site of 35,000 square feet. Density in this district will usually be no greater than one unit per gross acre. See division 3 of this article for SF-E, single-family residential district—estate regulations.

(c)

SF-1, single-family residential district—1. The SF-1 district provides for a minimum residential building site of 7,500 square feet. Density in this district will usually be no greater than four units per gross acre. See division 4 of this article for SF-1, single-family residential district regulations.

(d)

SF-2, single-family residential district—2. The SF-2 district provides for a minimum residential building site of 6,000 square feet and permits residential development of densities ranging from four to six units per gross acre. See division 5 of this article for SF-2, single-family residential district regulations.

(e)

TF, two-family residential (duplex) district. The TF district provides for stable, quality residential development, including duplex, garden (patio) home, and similar residential development with densities ranging from four to 12 units per gross acre. See division 6 of this article for TF, two-family residential (duplex) district regulations.

(f)

MH, manufactured home district. The MH district provides an area for the placement of manufactured home and modular home units in subdivisions in which most lots and housing units are owner-occupied. Densities in this district shall be comparable to that of the SF-2 district. See division 7 of this article for MH, manufactured home district regulations.

(g)

MF, multifamily district. The MF district permits multifamily developments of maximum densities of 15 units per acre, except under special mitigation conditions. See division 9 of this article for MF, multifamily district regulations.

(h)

C-1, commercial district—office, light, retail, and neighborhood services. Retail, commercial, and office uses developed under the standards of the C-1 district are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See division 10 of this article for C-1, commercial district—office, light retail, and neighborhood services regulations.

(i)

C-2, commercial district—general. Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 commercial district—general. See division 11 of this article for C-2, general commercial district regulations.

(j)

M-1, manufacturing/industrial district—light. The M-1 district is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances. See division 12 of this article for M-1, manufacturing/industrial district—light regulations.

(k)

M-2, manufacturing/industrial district—heavy. The M-2 district is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See division 13 of this article for M-2, manufacturing/industrial district—heavy regulations.

(l)

PD, planned development district. The PD district provides a zoning category for the planning and development of larger tracts of land and for tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See division 14 of this article for PD, planned development district regulations.

(m)

FP, floodplain district. Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designated FP may be used only for those uses listed in the provisions of division 15 of this article until a use in any area or any portion thereof located in the FP subdistrict has been approved by the city council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See division 15 of this article for FP, floodplain district regulations development in accordance with the comprehensive plan.

(Ord. of 1-10-2006, § 3.2; Ord. No. 19-03, § 3, 3-12-2019)

(a)

Zoning district boundaries delineated on zoning district map. The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the city, said map being hereby adopted as part of this article as fully as if the same were set forth herein in detail.

(b)

Regulations for maintaining zoning district map. Two original, official, and identical copies of the zoning district map are hereby adopted bearing the signature of the mayor and attestation of the city secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the city secretary, to be retained as the original record and shall not be changed in any manner.

(2)

One copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing this chapter. A written record (logbook) shall be kept by the building official of all changes made to the zoning district map.

(3)

Reproductions of the official zoning district map may be made for information purposes.

(Ord. of 1-10-2006, § 4)

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

(3)

Boundaries indicted as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the original zoning map shall be determined from the graphic scale on the map.

(6)

Whenever a street, alley or other public way is vacated by official action of the city council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(7)

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (6) of this section, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A, Agricultural District, temporarily. In an area determined to be temporarily classified as A, Agricultural District, no person shall construct, add to or alter any building or structure or cause the sale to be done, nor shall any use be located therein or on the land which is not permitted in an A, Agricultural District, unless and until such territory has been zoned to permit such use by the city council. It shall be the duty of the city council to determine a permanent zoning for such area as soon as practicable.

(Ord. of 1-10-2006, § 5)

(a)

Permanent zoning concurrent with annexation. An area or areas being annexed to the city shall ordinarily be given permanent zoning concurrently with the annexation.

(b)

Temporary classification. In instances in which the zoning of an annexed territory concurrently with the annexation is impractical, the annexed territory shall be temporarily classified as A, Agricultural District, until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. The city council shall determine a permanent zoning for such area as soon as practicable after annexation.

(c)

Regulations in areas temporarily classified. In an area temporarily classified as A, Agricultural District:

(1)

No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the building official or the city council, as may be required.

(2)

No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in a zoning district other than the agricultural district by the city council in the manner prescribed by law.

(Ord. of 1-10-2006, § 6)

(a)

Compliance with zoning regulations required. All land, buildings, structures, or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

(b)

Building permits prohibited without plat. No permit for the construction or placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the planning and zoning commission and city council and filed in the plat records of the county or counties in which the plot or tract is located.

(c)

Exclusions. Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of the ordinance from which this chapter is derived and which entire building shall be completed within one year from the date of passage of the ordinance from which this chapter is derived.

(d)

One main building on a lot or tract. Only one main building for one-family or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of 25 feet. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the city council. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

(Ord. of 1-10-2006, § 7)

(a)

District regulations.

A. Total lot area shall not be less than 9,000 square feet for dwelling unit construction. For each dwelling unit over three in number, no less than 1,500 square feet of additional lot area is required. A maximum of ten units may be constructed per acre.

B. None required, except where nonresidential use abuts a residential lot, in which case the requirements shall be the same as the adjoining residential zone and shall comply with visibility and parking requirements as provided within this chapter.

(b)

Notes to district regulations table.

(1)

The minimum residential lot area for the various districts shall be in accordance with the regulations for each district, except that a lot having less area than required which was an official lot of record at the time of the adoption of the ordinance from which this chapter is derived may be used for a one-family dwelling. No lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in area below the minimum requirements set forth in the respective district.

(2)

Setback, yard requirements.

a.

The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory buildings. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard.

b.

On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets (unless shown specifically otherwise on a final plat).

c.

Where a building line has been established by a plat approved by the city council or by ordinance and such line requires a greater or lesser front yard setback than is prescribed by this chapter for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat, provided no such building line shall be less than 20 feet, except as approved under a planned development (see division 14 of this article).

d.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

e.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.

f.

On any corner lot for which front and side yards are required, no wall, fence, structure, sign, tree, or other planting or sloped terrace or embankment may be maintained higher than three feet above the street grade so as to cause danger or hazard to traffic by obstructing the view of the intersection from a point 30 feet back from the right-of-way corner. Visual clearance shall be provided in all zoning districts so that no fence, wall, vegetation, architectural screen, earth mounding, or landscaping obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection.

g.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare upon which a lot abuts, the front or side yard shall be measured from the future right-of-way.

(3)

Side yard requirements.

a.

Every part of a required side yard shall be open and unobstructed except for:

1.

Accessory buildings as permitted herein;

2.

The ordinary projections of window sills, belt courses, cornices, and other architectural features not more than 12 inches into the required side yard; and

3.

Roof eaves projecting not more than 36 inches into the required side yard. Balconies shall not project into the required side yard.

b.

Minimum side yard setbacks in the Old Town Plat shall be seven feet for single-family residential uses, regardless of other requirements listed here.

c.

When a nonresidentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.

(4)

The required rear yard shall be open and unobstructed from a point 30 inches above the average elevation of the graded read yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required rear yard.

(5)

Single-family dwellings require building lots of two acres or more.

(6)

A one-story wing or extension may be built to within 15 feet of the rear lot line.

(7)

Minimum lot size.

a.

No lot containing multifamily units shall contain less than 9,000 square feet total or 1,500 square feet per dwelling unit, whichever is greater.

b.

Minimum lot sizes for townhouses and zero lot line houses shall be 3,000 square feet per dwelling unit.

c.

Minimum lot sizes for all other permitted uses shall be 7,500 square feet or 1,500 square feet per living unit, whichever is greater.

(8)

Lot width for a lot containing multifamily, townhouse, or zero lot line units shall be 20 feet per ground floor unit plus side yard requirements. Lot width for a lot containing other permitted uses shall be not less than 60 feet.

(9)

If a side yard or rear yard is adjacent to a single-family residential district, there shall be a 25-foot setback and a 60-foot setback from the adjacent property line for buildings in excess of one story in height. If more than one building is located on the same lot, there shall be a ten foot separation between buildings without openings (windows) and 15 feet between buildings with openings.

(10)

The height of any multifamily building sited on a lot adjacent to an area zoned for single-family dwellings or where single-family dwellings of one story in height exist shall be limited to one story for a distance of 60 feet from the single-family district boundary or the land on which the single-family dwelling is located.

(11)

See section 42-896 for additional regulations.

(12)

The front yard setback shall be 45 feet where parking is allowed in front of the building. Accessory buildings shall have a 60 foot front yard setback.

(13)

No side yard is required, except that a side yard of not less than 15 feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten feet on the building sides facing such residential district. In addition, a masonry or wood wall having a minimum height of six feet above the average grade of the residential property shall be constructed on the nonresidential property adjacent to the common side property line.

(14)

No rear yard is required, except that a rear yard of not less than 25 feet or 20 percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting or across a rear alley or street from a residential district.

(15)

No building shall exceed 35 feet in height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than 12 feet beyond maximum building height.

(16)

A 25-foot front yard is required, except that a front yard of not less than 50 feet shall be provided upon that portion of a lot abutting or across a street or alley from property in a residential or commercial district.

(17)

No side yard is required, except that a side yard or a side street yard of not less than 25 feet in width shall be provided on the side of the lot adjoining or across a street or alley from a residential or commercial district. In addition, a masonry or wood wall having a minimum height of six feet above the average grade of the residential property shall be constructed on the nonresidential property adjacent to the common side property line.

(18)

No rear yard is required, except that a rear yard of not less than 50 feet in depth shall be provided upon that portion of a lot abutting or across a rear street or alley from a residential district, except that such rear yard requirement shall be 25 feet in depth where the property in the residential district backs up to the rear street. In addition, a masonry or wood wall having a minimum height of six feet above the average grade of the residential property shall be constructed on the nonresidential property adjacent to the common side property line.

(19)

A building may be erected to a height of 80 feet if set back from all required yard lines a distance of one foot for each two feet of additional height above 45 feet. This requirement is in addition to all other relevant setback requirements.

(20)

Side yard requirements shall be the same as for the M-1 district except that a side yard or a side street yard of not less than 50 feet in width shall be provided on the side of the lot adjoining or across the street from a residential or commercial district.

(Ord. of 1-10-2006, app. 1; Ord. No. 19-03, § 4, 3-12-2019)

The A district is intended to apply to land situated on the fringe of an urban area, used for agricultural purposes, and which may become an urban area in the future. Therefore, the agricultural activities conducted in the agricultural district should not be detrimental to urban land uses and intensity of use permitted in this district and is intended to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

(Ord. of 1-10-2006, § 8.1)

A building or premises shall be used only for the following purposes:

(1)

Single-family dwellings on building lots of two acres or more in areas where said dwellings can be adequately served by city utilities or septic tanks located on the building lot.

(2)

Telephone exchange and utility service buildings, provided no public business and repair or outside storage facilities are maintained; gas lines; and gas regulating stations.

(3)

Accessory buildings and structures clearly incidental to agricultural operations, including, but not limited to, barns, stables, equipment sheds, granaries, private garages, pump houses, and servants quarters not for rent, provided that the total area of buildings and structures shall be limited to ten percent of the gross land area of tract.

(4)

Temporary metal buildings of less than 600 square feet which are used for tool and supply storage.

(5)

Riding academy or other equestrian related activities.

(6)

Other uses as listed in section 42-669.

(Ord. of 1-10-2006, § 8.2)

The following specific use shall be permitted in the agricultural district, when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 8.3)

See section 42-190.

(Ord. of 1-10-2006, § 8.4)

The SF-E district is designed to accommodate single-family residential development on large lots. The district can be appropriately located in proximity to agricultural and standard single-family residential uses. Densities in this district will not usually exceed one unit per gross acre.

(Ord. of 1-10-2006, § 9.1)

A building or premises in an SF-E district shall be used only for the following purposes: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 9.2)

The following specific uses shall be permitted in an SF-E district, when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 9.3)

See section 42-190.

(Ord. of 1-10-2006, § 9.4)

Two covered spaces behind the front yard line for single-family dwelling units and HUD code manufactured homes. Other off-street parking spaces regulation are set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 9.5)

The SF-1 district is designed to accommodate the standard single-family residential development. The district can be appropriately located in proximity to multifamily residential areas and certain neighborhood local retail and office uses. Densities in this district will not usually exceed four units per gross acre.

(Ord. of 1-10-2006, § 10.1)

A building or premises in an SF-1 district shall be used only for the uses as listed in section 42-669.

(Ord. of 1-10-2006, § 10.2)

Uses as listed in section 42-669 shall be permitted in an SF-1 district, when granted in accordance with article VI of this chapter.

(Ord. of 1-10-2006, § 10.3)

See section 42-190.

(Ord. of 1-10-2006, § 10.4)

A minimum of two covered, enclosed parking spaces shall be provided per unit behind the building line. Other off-street parking space regulations are set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 10.5)

The SF-2 district is intended to provide for medium density single-family residential development. This district functions as a buffer or transition between major streets, nonresidential areas and lower density residential areas. Density in this district will range between four and six units per gross acre.

(Ord. of 1-10-2006, § 11.1)

A building or premises shall be used only for the uses as listed in section 42-669.

(Ord. of 1-10-2006, § 11.2)

Uses as listed in section 42-669 shall be permitted in an SF-2 district, when granted in accordance with article VI of this chapter.

(Ord. of 1-10-2006, § 11.3)

See section 42-190.

(Ord. of 1-10-2006, § 11.4)

A minimum of one covered, enclosed parking space shall be provided per unit behind the front yard line. Other off-street parking space regulations are set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 11.5)

The purpose of the TF district is to promote stable, quality residential development of slightly increased densities. Consistent with the city's comprehensive plan, this district may be used as a buffer district between low density and high density districts or between residential and nonresidential districts.

(Ord. of 1-10-2006, § 12.1)

A building or premises shall be used only for the following purposes: Uses as listed in section 42-669.

(Ord. of 1-10-2006, § 12.2)

The following specific uses shall be permitted in the TF district, when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 12.3)

See section 42-190.

(Ord. of 1-10-2006, § 12.4)

Off-street parking shall be provided in accordance with the requirements for uses set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 12.5)

The manufactured home district is a detached residential district establishing standards for the development of a manufactured home subdivision. A manufactured home subdivision includes individually platted lots, for sale within the subdivision, for the placement of manufactured home units. Other uses, such as religious and educational facilities, parks, and open spaces may be provided for to maintain a balanced, orderly, convenient, and attractive residential area. No manufactured home subdivision shall exceed ten acres in size.

(Ord. of 1-10-2006, § 13.1; Ord. No. 19-03, § 5, 3-12-2019)

A building or premises shall be used only for the following purposes: Uses as listed in section 42-669.

(Ord. of 1-10-2006, § 13.2; Ord. No. 19-03, § 5, 3-12-2019)

The following specific uses shall be permitted in the MH district, when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 13.3; Ord. No. 19-03, § 5, 3-12-2019)

See section 42-190.

(Ord. of 1-10-2006, § 13.4; Ord. No. 19-03, § 5, 3-12-2019)

Two spaces shall be provided per unit located on a platted lot, plus additional spaces for accessory uses as required in article VII of this chapter.

(Ord. of 1-10-2006, § 13.5; Ord. No. 19-03, § 5, 3-12-2019)

(a)

Manufactured housing design and construction will comply with construction and safety standards published by the U.S. Department of Housing and Urban Development pursuant to the requirements of the National Mobile Home and Safety Standards Act of 1974, as amended, and all manufactured homes will be subject to inspection by the building official.

(b)

All manufactured homes shall be set on solid slab structure and/or 18-inch to 20-inch runners. Additional rooms and enclosed porches shall be constructed on a solid slab.

(c)

Tie-downs will be required and will be secured prior to occupancy.

(d)

Underpinning and skirting of like material and color or better is required and will be installed prior to occupancy.

(e)

Accessory buildings will be either manufactured or constructed in accordance with city codes.

(f)

All manufactured homes and modular homes shall comply with all regulations of the state and such regulations are hereby incorporated into this section by reference.

(Ord. of 1-10-2006, § 13.6; Ord. No. 19-03, § 5, 3-12-2019)

The Multifamily Residential District is intended to provide for medium to higher density residential development. This district functions as a buffer or transition between major streets, nonresidential areas, or higher density residential areas and lower density residential areas. Density in this district does not ordinarily exceed 15 units per gross acre but can reach a maximum of 25 units per gross acre if special fire protection requirements are observed (see section 42-431).

(Ord. of 1-10-2006, § 15.1)

A building or premises shall be used only for the following purposes:

(1)

Three or more single-family attached dwelling units, provided that no more than seven dwelling units are attached in one continuous row or group.

(2)

Other uses as listed in section 42-669.

(Ord. of 1-10-2006, § 15.2)

The following specific uses shall be permitted, when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 15.3)

(a)

See section 42-190.

(b)

When buildings exceed one story in height, such buildings shall be constructed in accordance with existing building and fire codes.

(Ord. of 1-10-2006, § 15.4)

Two and one-half off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking spaces regulations are set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 15.5)

Every dwelling unit in a multifamily complex shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 30 multifamily dwelling units. For complexes with less than 30 units, no less than four cubic yards of refuse container shall be provided. Each refuse facility shall be screened for view on three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

(Ord. of 1-10-2006, § 15.6)

Border fencing of wood or masonry of not less than six feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex.

(Ord. of 1-10-2006, § 15.7)

Whenever densities of greater than 15 units per acre are present, each building in the development shall at the time of the construction, and thereafter, be operated in accordance with currently applicable building and fire safety codes.

(Ord. of 1-10-2006, § 15.8)

The C-1 district is intended for office facilities, neighborhood shopping facilities, and retain and commercial facilities of a service character. The C-1 district is established to accommodate the daily and frequent needs of the community. The following regulations shall be applicable to all uses in the district:

(1)

The business shall be conducted wholly within an enclosed building;

(2)

Required yards shall not be used for display, sale, or storage or merchandise or for the storage of vehicles, equipment, containers, or waste material;

(3)

All merchandise shall be sold at retail on the premises; and

(4)

Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.

(Ord. of 1-10-2006, § 16.1)

A building or premises shall be used only for the following purposes:

(1)

Discount, variety, or department store of not greater than 20,000 square feet floor space.

(2)

Food store with floor space not greater than 20,000 square feet.

(3)

Gasoline service station (no garage or automobile repair facilities).

(4)

Other uses as listed in section 42-669.

(Ord. of 1-10-2006, § 16.2)

The following specific uses shall be permitted in the C-1 district, when granted in accordance with article VI of this chapter:

(1)

Broadcasting facilities, radios, television, or microwave tower.

(2)

Gasoline service station with associated minor automobile repair facility with floor space not greater than 2,500 square feet.

(3)

Other uses as listed in section 42-669.

(Ord. of 1-10-2006, § 16.3)

See section 42-190.

(Ord. of 1-10-2006, § 16.4)

Off-street parking and loading shall be provided as set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 16.5)

The C-2 district is intended to provide a zoning category similar to the C-1 district, except that additional uses are permitted which are not generally carried on completely within a building or structure and an expanded range of service and repair uses is permitted.

(Ord. of 1-10-2006, § 17.1)

A building or premises shall be used only for the following purposes: Uses as listed in section 42-669.

(Ord. of 1-10-2006, § 17.2)

The following specific uses shall be permitted in a C-2 district, when granted in accordance with article VI of this chapter: other uses as listed in section.

(Ord. of 1-10-2006, § 17.3)

See section 42-190.

(Ord. of 1-10-2006, § 17.4)

Off-street parking requirements shall be provided in accordance with article VII of this chapter.

(Ord. of 1-10-2006, § 17.5)

The M-1 district is established to accommodate those uses which are a non-nuisance type located in relative proximity to residential areas, and to preserve and protect land designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes. Development in the M-1 district is limited primarily to certain storage, wholesale, and industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non-nuisance type. No use or types of uses specifically limited to the M-2 district may be permitted in the M-1 district.

(Ord. of 1-10-2006, § 18.1)

Uses permitted in the M-1 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street loading, display of merchandise for sale to the public, and establishments of the drive-in type, shall be conducted within completely enclosed areas.

(2)

All storage within 100 feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of screening.

(3)

Permitted uses in the M-1 district shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.

(4)

Permitted uses in the M-1 district shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic.

(5)

Permitted uses in the M-1 district shall not create fire hazards on surrounding property.

(Ord. of 1-10-2006, § 18.1.1—18.1.5)

The following specific uses shall be permitted in the M-1 district when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 18.2)

The following specific uses shall be permitted in the M-1 district, when granted in accordance with article VI of this chapter:

(1)

Machine shops and fabrication of metal not more than ten gauge in thickness.

(2)

Accessory uses, including, but not limited to, temporary buildings for construction purpose for a period not to exceed the duration of such construction.

(3)

Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.

(4)

Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses.

(5)

Other uses as listed in section 42-669.

(Ord. of 1-10-2006, § 18.3)

See section 42-190.

(Ord. of 1-10-2006, § 18.4)

Off-street parking requirements shall be provided in accordance with the specific uses set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 18.5)

The M-2 district is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes.

(Ord. of 1-1-2006, § 19.1)

Uses permitted in the M-2 district are subject to the following conditions:

(1)

All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the drive-in type, shall be conducted within completely enclosed buildings unless otherwise indicated.

(2)

All storage within 100 feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

(Ord. of 1-1-2006, §§ 19.1.1, 19.1.2)

All uses permitted in the M-2 district must meet the following performance standards and any appropriate city ordinances:

(1)

Smoke. No operation shall be conducted unless it conforms to the standards established by any applicable state and federal health rules and regulations pertaining to emission of particulate matter;

(2)

Particulate matter. No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particulate matter;

(3)

Dust, odor, gas, fumes, glare, or vibration. No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions;

(4)

Radiation hazards and electrical disturbances. No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control;

(5)

Noise. No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise at the property line shall not exceed 75 db(A) permitted for a maximum of 15 minutes in any one hour; said operation shall in all cases conform to the standards established by applicable state and federal health rules and regulations and to other city ordinances pertaining to noise;

(6)

Water pollution. No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate state and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies.

(Ord. of 1-1-2006, § 19.1.3)

The following uses shall be permitted: uses as listed in section 42-669.

(Ord. of 1-10-2006, § 19.2)

(a)

The following specific uses shall be permitted in the M-2 district when granted in accordance with article VI of this chapter: uses as listed in section 42-669.

(b)

Other manufacturing and industrial uses which do not meet the general definition for manufacturing processes may be permitted by the city council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting the community's general welfare. Approval of uses under this section shall be made in accordance with section 42-62(b)(2).

(Ord. of 1-10-2006, § 19.3)

See section 42-190.

(Ord. of 1-10-2006, § 19.4)

Required off-street parking shall be provided in accordance with the specific uses set forth in article VII of this chapter.

(Ord. of 1-10-2006, § 19.5)

The PD district "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this division is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility.

(Ord. of 1-10-2006, § 20.1)

Any use specified in the ordinance granting a planned development district shall be permitted in that district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this chapter.

(Ord. of 1-10-2006, § 20.2)

(a)

Development standards for each separate PD district shall be set forth in the ordinance granting the PD district and may include, but shall not be limited to, uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the city council may deem appropriate.

(b)

In the PD district, the particular district to which uses specified in the PD district are most similar shall be stated in the granting ordinance. All PD applications shall list all requested variances from the standard requirements set forth throughout this chapter (applications without this list will be considered incomplete).

(c)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein. A specific list is required of variances in each district or districts and a general statement citing the reason for the PD request.

(d)

The PD district shall conform to all other sections of this chapter unless specifically exempted in the granting ordinance.

(Ord. of 1-10-2006, § 20.3)

In establishing a planned development district, the city council shall approve and file as part of the amending ordinance appropriate plans and standard for each planned development district. During the review and public hearing process, the city council shall require a conceptual plan and a development plan (or detail site plan).

(1)

Conceptual plan. This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and shall be supported by written documentation of proposals and standards for development.

a.

A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

b.

A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the city council, may include, but is not limited to, the types of use, topography, and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan.

c.

Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the building official or his designated representative. If an agreement cannot be reached regarding whether or not a detail site plan conforms to the original concept plan, the city council shall determine the conformity.

(2)

Development plan or detailed site plan. This plan shall set forth the final plans for development of the planned development district and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted for the total area of the PD or for any section by the city council. A public hearing on approval of the development plan shall be required at the council level, unless such a hearing is waived pursuant to section 42-578(1) at the time of conceptual plan approval in the original amending ordinance. The development plan shall include:

a.

A site inventory analysis including a scale drawing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

b.

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for at curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five feet.

c.

A site plan for proposed building complexes showing the location of separate buildings, and between buildings and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

d.

A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

e.

An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family and two-family may be required by the city council if deemed appropriate. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the building official or his designated representative.

(Ord. of 1-10-2006, §§ 20.4.1, 20.4.2)

The procedure for establishing a planned development district shall follow the procedure for zoning amendments as set forth in article II, division 5, of this chapter. This procedure is expanded as follows for approval of conceptual and development plans.

(1)

Separate public hearings shall be held by city council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirements is waived by the city council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:

a.

The applicant submits adequate data with the request for the planned development district to fulfill the requirements for both plans; or

b.

Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from it; and

c.

The requirement is waived at the time the amending ordinance is approved. If the requirement is waived, the conditions shall be specifically stated in the amending ordinance.

(2)

The ordinance establishing the planned development district shall not be approved until the conceptual plan is approved.

(3)

The development plan may be approved in sections. When the plan is approved in sections, the separate approvals by the city council for the initial and subsequent sections will be required.

(4)

An initial development plan shall be submitted for approval within six months from the approval of the conceptual plan or some portion of the conceptual plan. If the development plan is not submitted within six months, the conceptual plan is subject to reapproval by the city council. If the entire project is not completed within two years, the city council may review the original conceptual plan to ensure its continued validity.

(5)

Regardless of whether the public hearing is waived for the development plan, approval by the city council is still required.

(Ord. of 1-10-2006, § 20.4.3)

When a PD district is being considered, a written report may be requested of the applicant discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic. Written comments from the applicable public school district and from private utilities may be submitted to the city council.

(Ord. of 1-10-2006, § 20.5)

All planned development districts approved in accordance with the provisions of this division in its original form, or by subsequent amendment thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in an appendix to the ordinance from which this chapter is derived.

(Ord. of 1-10-2006, § 20.6)

The FP district is designed to provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts. Such areas are designated with a floodplain prefix, FP.

(Ord. of 1-10-2006, § 21.1)

The permitted uses in that portion of any district having a floodplain (FP) prefix shall be limited to the following:

(1)

Agricultural activities, including the ordinary cultivation or grazing of land and legal types of animal husbandry, but excluding construction of barns or other outbuildings.

(2)

Off-street parking incidental to any adjacent main use permitted in the district.

(3)

Electrical substation.

(4)

All types of local utilities, including those requiring specific use permits.

(5)

Parks, playgrounds, public golf courses (no structures), and other recreational areas.

(6)

Private open space as part of a planned residential development.

(7)

Structures, installations, and facilities installed, operated, and maintained by public agencies for flood control purposes.

(8)

Bridle trail, bicycle, or nature trial.

(Ord. of 1-10-2006, § 21.2)

No structure shall be erected in that portion of any district designated with a floodplain, FP, prefix until and unless such structure has been approved by the city council after engineering studies have been made and it is ascertained that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or public health and welfare.

(Ord. of 1-10-2006, § 21.3)