Structures, land or premises shall be used only in accordance with the use permitted in the following use schedule and subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this chapter.

(Ord. No. 120910-01, § 1(ch. 4, § 1), 12-9-2010)

(a)

Key to tables. The following shall be the key to the tables in subsections (b) through (h) of this section:

Legend

(b)

Accessory and incidental uses.

(c)

Residential uses.

(d)

Educational, institutional and special uses.

(e)

Transportation, utility and communications.

(f)

Automobile and related service uses.

(g)

Office, retail, commercial and service type uses.

(h)

Manufacturing, storage and warehousing uses.

(Ord. No. 120910-01, § 1(ch. 4, § 2), 12-9-2010; Ord. No. 013014-01, § 1(Exh. A), 1-30-2014; Ord. No. 091219-04, § 1(Exh. A), 9-12-2019; Ord. No. 120822-01, § 1(Exh. B), 11-17-2022)

It is recognized that new or unlisted types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The administrative official shall refer the question concerning any new or unlisted use to the planning and zoning commission and city council for review and approval of a specific use permit.

(2)

The specific use permit application shall be accompanied by a statement of facts, provided by the applicant, listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(3)

The planning and zoning commission and city council shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, in determining the zoning district or districts within which such use should be permitted.

(4)

It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the ordinance from which this chapter is derived.

(Ord. No. 120910-01, § 1(ch. 4, § 3), 12-9-2010)

The following additional regulations shall be applicable to the uses identified herein:

(1)

Commercial amusement. A commercial amusement use shall be treated acoustically so that no noise of the enterprise is perceptible at the bounding property line.

(2)

Bed and breakfast. A bed and breakfast shall not permit the operation of a restaurant for customers other than the occupants of the guestrooms. Parking shall be provided at a minimum of one space per bedroom.

(3)

Garden center, retail sales. Items that are displayed for sale to the general public shall be located behind the front yard line established in the district in which the garden center is located.

(4)

Retirement housing, assisted living, adult day care. The following subsidiary uses may be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

a.

Cafeteria and/or dining room;

b.

Library;

c.

Game room;

d.

Swimming pool and/or Jacuzzi;

e.

Exercise room;

f.

Arts and crafts facilities;

g.

Greenhouse;

h.

Housekeeping service;

i.

Transportation service;

j.

Snack bar with a maximum of 350 square feet per 100 dwelling units;

k.

Beauty/barber shop with a maximum of 450 square feet per 100 dwelling units or a minimum of 250 square feet per 100 dwelling units;

l.

Convenience retail shop with minimum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items, and gifts.

(5)

Servant's/caretaker's/guard's residence. The living area of a servant's, caretaker's, or guard's residence shall not exceed 1,000 square feet.

(6)

Swimming pool (Private or HOA): Swimming pools shall be located within the required side or rear yards provided, however, that a pool shall not be located closer than five feet to any property line or utility easement.

(7)

Community home. shall provide the following services to persons with disabilities who reside in the home include:

a.

Food and shelter;

b.

Personal guidance;

c.

Care;

d.

Habilitation services; and

e.

Supervision.

A community home must have not more than six persons with disabilities or more than two supervisors that reside in the home at the same time; must meet all applicable state licensing requirements; and must not be established within one-half mile of an existing community home.

Except as otherwise provided by this ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home. A "community home" may include any facility regardless of whether it is referred to by a different name if it meets the terms of this definition, (i.e. "assisted living facilities, group homes, retirement homes, etc. and may include the provision of respite care if all other provisions of this definition apply) Any such facility that meets the requirements of this definition shall be governed by the regulations contained in this ordinance that apply to a community home.

(Ord. No. 120910-01, § 1(ch. 4, § 4), 12-9-2010; Ord. No. 013014-01, § 1(Exh. A), 1-30-2014; Ord. No. 101024-02, § 1(Exh. A), 10-10-2024)