All property within the city shall meet and conform to the requirements of such districts as may from time to time be adopted by city council and as then set forth in the zoning code. Except as otherwise specified in the zoning code, no land, building, structure, or premises in the city shall be used, and no structure or any part thereof, shall be located, erected, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations set forth in this zoning code for the district in which the property is located.

(Ord. No. 2019-17, § 2, 8-27-2019)

The city is divided into the following zoning districts, which shall specify the use, height, area regulations, and other requirements.

(1)

Residential districts:

a.

Residential estate (RE)

b.

Single-family residential (R-1)

c.

Single-family residential with accessory dwelling unit (R-1A)

c.

Medium density residential (R-2)

d.

Multifamily residential (R-3)

e.

Residential mix (RM)

f.

Residential transition (RT)

(2)

Nonresidential districts:

a.

Neighborhood commercial (C-1)

b.

Light commercial (C-2)

c.

General commercial (C-3)

d.

Industrial and manufacturing (IM)

(3)

Special districts:

a.

Downtown arts and culture (DAC)

b.

Mixed use (MU)

c.

Planned development (PD)

d.

Public and institutional (PI)

e.

Airport (AD)

f.

Agriculture (AG)

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

If a request for annexation does not include a request for zoning, all property newly annexed to the city and any property not permanently zoned upon the date of adoption shall be temporarily classified as an AG district until such time as permanent zoning is established.

(b)

Concurrently with the adoption of the annexation ordinance, city council shall adopt the zoning of the area or tract being annexed, whether classified as an AG district, zoned permanently in response to a request for annexation, or upon recommendation by the commission after a hearing to consider the appropriate zoning for the tract to be annexed consistent with the purposes of the zoning code.

(c)

No person shall erect, construct, proceed, or continue with the erection or construction of any building or structure, or cause the same to be done on property classified as an AG district without benefit of a building permit or certificate of occupancy issued by the department and such permit shall be issued for buildings and uses which comply with the regulations of an AG district until permanent zoning is established.

(d)

The procedure for establishing permanent zoning for newly annexed property shall be the same as the procedure for a zoning change.

(Ord. No. 2019-17, § 2, 8-27-2019)

The boundaries of the various zoning districts of the city shall be as shown on the official zoning map in accordance with the following:

(1)

The official zoning map shall be maintained as part of the city's geographic information system (GIS). This map, including all notations, references, data, and other information shown on the map, is adopted and incorporated into this zoning code.

(2)

If, in accordance with the provisions of the zoning code, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be incorporated into the official zoning map promptly after the amendment has been approved by city council. It is the responsibility of the director to see that the map is updated in a timely manner. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this Code and no unauthorized person shall alter or amend the map. Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map located in the department of development services shall be the final authority as to the current zoning status of land within the city.

(Ord. No. 2019-17, § 2, 8-27-2019)

The following rules shall apply in determining the location of zoning district boundaries on the official zoning map:

(1)

Where district boundaries are indicated as approximately following property or lot lines, street rights-of-way, existing or abandoned railroad rights-of-way, waterway lines, or significant terrain features, such lines, ways, or features shall be construed to be such boundaries;

(2)

All district boundary lines indicated on or within street rights-of-way shall be construed to be at the centerline of such right-of-way;

(3)

Whenever any street or alley right-of-way is vacated, a district boundary indicated as being in the center of the right-of-way shall remain at the center of the vacated right-of-way, unless the district boundary is specifically amended by the city council in the same manner as for any other zone change;

(4)

Where the official zoning map indicates that a district boundary is approximately parallel to a property or lot line, street right-of-way, existing or abandoned railroad rights-of-way, waterway line, or significant terrain feature, the boundary shall be construed to be parallel thereto and at the distance indicated on the official zoning map. If a distance is not given, the distance shall be determined by the use of the scale on the official zoning map. If the scale on the official zoning map cannot be determined or verified in view of actual, on-the-ground improvements, the director shall interpret the location of the district boundary;

(5)

Where a district boundary line is located on undivided property such that the property is located in two or more zoning districts, the director shall determine the location of the boundary of the zoning district(s) using the best information available;

(6)

Where the boundary indicated on the official zoning map crosses unplatted property and the district boundary is found to, in fact, not follow property lines as recorded in the real property record of the county, if the district boundary appears to the director to be sufficiently close and parallel to the property line that the intent reasonably appears to have been to follow the property line indicated in the real property records, then the boundary shall be construed to be following said property line; and

(7)

The director shall be responsible for making a determination as to the location of a zoning district boundary when none of the above conditions apply and the boundary map is not clear. The owner or representative of any property involved in such determination who is not in agreement with the director's decision may:

a.

Appeal the determination to the commission; or

b.

Request a change in zoning to establish the boundary in question.

(Ord. No. 2019-17, § 2, 8-27-2019)

The director shall make a determination if a specific land use is listed as a permitted or conditional use in a specific zoning district. Further, the director shall determine if a use is sufficiently similar to a use listed as permitted or conditional for a particular zoning district such that it may also be included as a permitted or conditional use within such district. In the event the director determines that the requested use is not otherwise listed or defined in this zoning code, the owner or developer may request, in consultation with the director an amendment to this zoning code to include a definition for such previously unlisted use and to determine the zoning district(s) in which such use shall be permitted or conditional.

(Ord. No. 2019-17, § 2, 8-27-2019)

No person shall use property located in one zoning district to provide parking for, or access to, a use located on property located in another zoning district.

(Ord. No. 2022-02, § 5, 3-22-22)

(a)

Alignment with adjacent buildings. The setback of a building may be decreased to less than the minimum setback as follows:

(1)

When more than one-half of the lots in a block have been developed with buildings, the front and/or rear setback of an undeveloped lot, including the setbacks on both street fronts of a corner lot, may be reduced to the equivalent of the average front setback and/or rear setback, respectively, of developed lots on the same side of the same block which are within 400 feet of the property on which the reduction is sought; however, in no case shall any front setback be reduced to less than ten feet nor any garage entrance be setback less than 19 feet;

(2)

The side setback of a lot to be developed with a building for nonresidential use may be reduced to the same as the side setback of the lot abutting that side of the lot if the lot abutting that side has been developed with a building with a side setback less than the minimum set forth in the area regulations in the zoning district requirements set forth herein, above; provided, however, the reduction may in no case result in a building separation less than that required by the city building code and/or fire code.

(b)

Approved landscape plans. The setback requirements for a particular property may be modified pursuant to the variance authority specified in section 60-28, as an element of an approved landscape plan and/or site plan which requires the location of buildings in such a manner as to preserve existing trees and/or terrain features.

(c)

Application of ordinance not to make lot unbuildable. If the buildable area of a lot of record is reduced in either width or depth to less than 30 feet after application of the area regulations in the zoning district requirements set forth herein, the side and rear setbacks may be reduced to permit a buildable area of not less than 30 feet in width and/or depth; provided, however, in no case shall the building encroach on any easements or be constructed closer to an existing building than that required by the city building code or fire code.

(d)

Existing buildings and setback violations. Buildings constructed prior to the date of adoption that complied with the setback regulations existing prior to date of adoption, shall not be deemed to be in violation of this zoning code; provided, however, the construction of a new building on the site of an existing building or addition to an existing building occurring on or after date of adoption, shall comply the requirements of this Code.

(e)

Change in use of existing building. The use of a building constructed prior to date of adoption that complied with the setback regulations existing prior to date of adoption, may be changed from a nonconforming use or permitted use to another permitted use without regard to the setback regulations set forth in this zoning code.

(f)

Special lot width regulations. Notwithstanding the area regulations of the zoning district requirements set forth herein, where lots are irregular in shape, and the front property line is narrow, such as on a cul-de-sac, the minimum lot width shall be measured along the front setback; provided, however, the length of the front property line at the street right-of-way shall not be less than 24 feet.

(g)

Division of existing lots. Unless specifically authorized by the zoning code, no part of a yard, open space, or off-street parking or loading space required by the zoning code for one land use shall be included as a part of a yard, open space, or off-street parking or loading space for another land use.

(h)

Reduction of lot size. No setback or lot existing as of date of adoption shall be reduced in dimension or area below the minimum requirements set forth in this zoning code. Setbacks or lots created on or after date of adoption, shall meet at least the minimum requirements established by this Code.

(Ord. No. 2019-17, § 2, 8-27-2019)