The table in this section indicates the generally permitted uses in each specific zoning district within the city. Additional conditions for each use may be indicated with a corresponding section located within this article.

P: The use is permitted in the district.

S: The use will require a special use permit in the district. For more information regarding special use permits, see article VIII of this chapter.

Blank: Use is not permitted in the district.

(Code 1989, §§ 25-49, 25-52, 25-54, 25-56, 25-58, 25-60, 25-62, 25-84, 25-86, 25-88, 28-95, 28-97; Ord. No. 11029, §§ 8, 10, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11440, § 3, 3-20-2000; Ord. No. 11744, § 2, 2-6-2006; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017; Ord. No. 12315, § 1, 3-18-2019; Ord. No. 12334, § 1, 6-17-2019; Ord. No. 12446, § 2, 5-17-2021; Ord. No. 12469, § 10, 8-16-2021; Ord. No. 12492, § 2, 12-27-2021; Ord. No. 12609, § 5, 5-20-2024)

Places of worship used principally as a place of worship shall not be permitted in the area south of Missouri Street, as the northern boundary; east of Main Street, as the western boundary; north of McPherson Street, as the southern boundary, and west of Marion Street, as the eastern boundary.

(Ord. No. 12469, § 11, 8-16-2021)

(a)

Special use permit. The special use permit shall be issued in the name of the owner of the property, and is nontransferable. A special use permit application may be recommended for denial by the planning and zoning commission if more than 50 percent of property owners within 185 feet of the applicant's property have filed written protest of the application's approval.

(b)

Facility requirements. Lodging rooms shall be located on the property within a structure that meets the most recently adopted International Residential Building Code's definition of a habitable space.

(c)

Number of guests and rooms.

(1)

Bed and breakfasts: A maximum of four persons shall be permitted as guests per lodging room.

(2)

Temporary rental of a residence: A maximum of two persons shall be permitted as guests per lodging room. Visitors of temporary guests are permitted. The visitor to temporary guest ratio shall not exceed 1:1.

(d)

Parking. See section 44-97(a)(4).

(e)

Meals and food. The exchange of food for consumption from one party to another shall be subject to the county health department and comply with the county food ordinance.

(f)

Length of stay. The maximum length of stay for a guest shall be no more than 31 calendar days.

(g)

Staff on site. Bed and breakfasts must have staff or other representation on site during overnight hours, from 9:00 p.m. to 6:00 a.m.

(h)

Advertising. The advertisement or offering for the temporary rental of lodging rooms or a residence without a special use permit is prohibited.

(i)

Tax and licensing. The temporary rental of a lodging room shall be subject to applicable lodging taxes, sales taxes, business licensing regulations, and other taxes and licensing as applicable. See chapter 36 for more information.

(j)

Special event usage. The property may be used for receptions, parties, weddings or similar activities when staff or other representation are present. For parking requirements, see section 44-97.

(k)

Additional provisions. The residence shall maintain a residential appearance and adhere to all applicable codes.

(a)

The term "home occupation" means a gainful occupation or profession conducted entirely within a dwelling or in a structure accessory thereto or conducted in connection with a dwelling and carried on by the residents therein, provided that such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes.

(b)

Home occupations shall be subject to the following regulations and standards, provided the home occupation first applies for a business license.

(1)

No article shall be sold or offered for sale on the premises, except such article as is produced on the premises or is provided incidental to the service or profession conducted on the premises;

(2)

There shall be no exterior storage of materials or equipment;

(3)

There shall be no exterior indication of the home occupation, other than signs, and there shall be no variation from the residential character of the dwelling;

(4)

No heat, glare, noise, vibration, noxious or toxic fumes, odors, vapors, gases or matter shall be produced at any time by any home occupation which can be readily detectable without the use of instruments at any point on the boundaries of the premises;

(5)

The emission of smoke as specified in section 24-29 shall not be exceeded;

(6)

No fissionable or radioactive materials shall be stored or used on the premises;

(7)

Signs in connection with a home occupation shall:

a.

Not be illuminated;

b.

Not extend beyond lot lines;

c.

Not exceed two square feet in area;

(8)

The business shall not have more than one employee on the premises, other than members of the immediate family (family members must reside on the premises);

(9)

Parking. Home occupations shall be required to construct off-street parking (according to the standards outlined in article III of this chapter) to accommodate their customers' needs. If there are customers using the business, then a minimum of two off-street parking spaces (over and beyond the parking that required for the main use) shall be required for each home occupation.

(Code 1989, § 25-50(a); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017; Ord. No. 12469, § 12, 8-16-2021)

An in-ground permanent swimming pool shall be allowed as an accessory use. It shall be located in the rear or side yard. It shall be placed not closer than five feet away from any side or rear lot line. On a corner lot, it shall not be closer than 15 feet to the side lot line abutting the street. A swimming pool shall be entirely enclosed by buildings, fences or walls not less than four feet in height. Such fences or walls shall be equipped with self-latching gates or doors, the latching device being located not less than four feet above the ground. All lighting of the pool areas shall be so hooded that the light does not shine toward abutting properties.

(Code 1989, § 25-50(b); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

(a)

R-1, Single-Family District. For any dwelling house there shall be permitted one private garage with space for not more than one motor vehicle for each 2,000 square feet of lot area.

(b)

R-2, Two-Family District. A private garage may provide space for not more than one motor vehicle for each 1,500 square feet of lot area.

(c)

R-3, Multifamily Difstrict and R-4, General Residential District. A private garage may provide space for not more than one motor vehicle for each 750 square feet of lot area.

(d)

Additional information. Garages shall be located not less than three feet from any side lot line nor less than three feet from any alley line; except that, when the rear lot line is common to a side or rear lot line of another lot, such outbuilding shall be located a minimum of three feet from such lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building; except that, on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than 18 feet from the rear lot line and shall not occupy more than 30 percent of the required rear yard. Any garage not attached to the main building must be a minimum of ten feet from the main building, measured at the closest point, not including eaves or overhangs.

(Code 1989, § 25-50(d); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

A detached accessory building shall not be allowed in the front yard. A detached accessory building shall not be located less than three feet from any side, rear, or alley lines. A detached accessory building not exceeding 24 feet or two stories in height, or in any case not higher than the main building, may occupy not more than 30 percent of a rear yard. If such building is not more than one story or 16 feet high, it may occupy 40 percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than 12 feet high and six feet wide inside, and which is not an extension of the roof of the main building. Any accessory building not attached to the main building must be a minimum of ten feet from the main building, measured at the closest point, not including eaves or overhangs. No metal sea-going container may be used as an accessory building in any residentially zoned property or on any property used only for residential use, unless for a temporary use no longer than 30 days, unless an extension of time is approved by the code enforcement director of the city. For this temporary use, the owner or tenant must have a remodeling or other type permit from the city. Existing containers in place on the date of passage of this chapter will have one year to be removed from the site.

(Code 1989, § 25-50(e); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

For purposes of these regulations, the term "major recreational equipment" includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and similar uses, utility trailers, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport, enclosed building or behind the nearest portion of a building to a street, provided that such equipment may be parked anywhere on residential premises for not exceeding 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(Code 1989, § 25-50(f); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed buildings.

(Code 1989, § 25-50(g); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

A private stable shall be allowed on a lot having an area of more than 20,000 square feet, provided that it is located not less than 50 feet from the front line with no side line or rear line setbacks. On such lots there shall be sufficient land to provide proper care for all animals. A private stable shall provide one acre per lot area not be kept more than one per horse, pony, mule, bull, or cow and other livestock of similar size; one-fifth of an acre per lot area per goat, sheep, miniature horse and other livestock of similar size; and/or 25 fowl for each 10,000 square feet of lot area in addition to that area required for the dwelling or main building. No livestock, excluding fowl, shall be housed nearer than 50 feet from the front line and 30 feet from any side or rear lot line of such lot and shall be housed in a structure of sufficient size conducive to good sanitation and adequate drainage for the number of livestock to be housed. The number of animals allowed will be calculated by the square footage that remains inside the required setbacks. No fowl shall be housed nearer than 100 feet to the front lot line or 30 feet from any side or rear lot line of such lots. Fencing for livestock shall be required in the height, material, and type approved by the city manager, or designee. No barbed wire, single-strand fences, electric fences or fences otherwise deemed dangerous shall be permitted. Exception: Persons wishing to keep chickens for hobby or egg production for personal use on lots of less than 20,000 square feet, may do so under the following restrictions:

(1)

Lots of less than 20,000 square feet may keep no more than eight chickens.

(2)

No chickens may be kept in a front or side yard area. Chickens may be kept only behind the rear line of a house, the line being parallel to the street frontage.

(3)

Chickens must remain in a coop or chicken wire fenced area, with access to shelter, and the area must be kept clean to ensure that odors are not noticeable outside of the property line.

(4)

Chickens may be housed no closer than five feet to a side lot line, and no closer than ten feet to the rear lot line.

(5)

No roosters are allowed.

(Code 1989, § 25-50(h); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

A temporary real estate office shall be permitted and located in developments where the developer is promoting and selling those properties within the development. The office shall be located within a marketable unit.

(Code 1989, § 25-50(i); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that such use shall not be obnoxious or offensive, by reason of vibration, noise, odor, dust, smoke or fumes, and meet all home occupations provisions as provided by this article.

(Code 1989, § 25-50(j); Ord. No. 11029, § 8, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12157, § 6, 4-20-2015; Ord. No. 12252, § 1, 7-17-2017)

Communal houses are subject to the following conditions:

(1)

Site-buffering around the building perimeter in the form of shrubbery, private fencing or other landscaping methods approved by the code official.

(2)

All social activity shall be contained within the building after 12:00 midnight.

Editor's note— Ord. No. 12609, § 5, adopted May 20, 2024, repealed § 44-139, which pertained to apartment hotels and derived from the Original Code.

Shops for custom work or manufacture of articles to be sold at retail only on the premises shall be permitted, provided that in such manufacture the total mechanical power shall not exceed five horsepower for the operation of any one shop; and provided that the space occupied by the manufacturing use permitted herein shall not exceed 50 percent of the total floor area of the entire building or the equivalent of the ground floor area thereof; and provided further that such manufacturing use is not noxious or offensive, by reason of vibration, noise, odor, dust, smoke or gas.

Such uses shall be not less than 100 feet from any existing clinic, hospital, school or church; and shall not be less than 100 feet from districts R-1, R-2, R-2-S, R-3, R-3-S, R-4, or R-4-S, unless approved by the board under such restrictions as seem appropriate after consideration of noise and other detrimental factors incidental to such use.

Storage in bulk of or warehouse for such materials as the following: clothing, drugs, dry goods, food, furniture, glass, groceries, hardware, household goods, liquor, lubricating oil, millinery, paints, paint materials, pipe, rubber, shop supplies, tobacco, turpentine and varnish, wines and when incidental to sale at retail on the premises.

M-2, Heavy Industrial land uses shall be permitted only by approval of the city council, after report from the county health department, fire department, and the planning and zoning commission.

(a)

Compliance with state law. Uses shall remain in compliance with section 1 of article XVI of the state constitution.

(b)

Proximity of facilities.

(1)

Medical marijuana facilities are prohibited within set distances listed below from any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship, except when the aforementioned uses establish themselves within the prohibited distance, existing medical marijuana facilities may remain. The prohibited distance shall be measured in a straight line from the outer walls of the medical marijuana facility or the edge of the outdoor cultivation site to the outer walls of any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship.

(2)

The set distances medical marijuana facilities need to remain away from any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship shall be as follows:

a.

Medical marijuana dispensary facility: Zero feet.

b.

Medical marijuana cultivation facility: 300 feet.

c.

Medical marijuana-infused products manufacturing facility: 300 feet.

d.

Medical marijuana testing facility: 300 feet.

e.

Any combination of the above listed facilities: 300 feet.

(c)

Signage. In addition to the sign regulations located in article XIII of this chapter, the following shall apply to signage for medical marijuana facilities:

(1)

Facilities shall not use signage or advertising with the term "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the term "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.

(2)

Facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.

(Ord. No. 12315, § 1(24-142(a)—(c)), 3-18-2019)