(a)

The zoning regulations contained in this chapter have been adopted in accordance with a comprehensive plan and are designed to: lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; and, facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.

(b)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Ordinance 06-09, § 2, 3-23-06)

All territory annexed to the city after the effective date of the ordinance codified in this article shall be classified as district R-1-10000 single-family dwelling unless and until zoned otherwise by the city council. The commission shall, as soon as practicable after annexation of any territory, recommend to the city council a plan for zoning in the area if R-1-10000 is inappropriate or not in the best interests of the public health, safety, morals or general welfare. The procedure to be followed for amendment or reclassification shall be the same as is provided by law for the adoption or amendment of zoning district boundaries.

(Ordinance 06-09, § 2, 3-23-06)

The council shall not approve any plat or any subdivision within the city limits until the area covered by the proposed plat has been permanently zoned by the city council.

(Ordinance 06-09, § 2, 3-23-06)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or accessory use means a subordinate building having a use customarily incident to and located on the lot occupied by the main building, or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

Agriculture means the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in the county. The raising and feeding of livestock and poultry shall be considered an agricultural use if the area in which the livestock or poultry is kept is ten acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops.

Alley means a minor way, which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

Alteration means any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

Apartment means a room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

Automobile repair shop (major) means an establishment used for general repair or reconditioning of engines, air-conditioning systems, and transmissions for vehicles; wrecker or towing service; insurance estimating; collision services including body, frame or fender repair; customizing; painting; tire re-treading; undercoating and rust-proofing.

Automobile repair shop (minor) means an establishment used for the dispensing or sales of automobile fuels, lubricants, and accessories; the minor repair or replacement of parts; performing state inspection and making minor repairs necessary to pass state inspection; automobile detailing; and the sales and installation of automobile radios.

Bed and breakfast inn means a dwelling or private home occupied as a permanent residence by an owner, manager or renter which offers or serves breakfast to guests and which provides or offers sleeping accommodations in not more than five rooms wherein the length of stay is not more than 14 consecutive days for any one or more guest at any one facility.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the zoning administrator shall determine the outline of the block.

Building means a completely enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof, designed for the shelter of persons, animals or property. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two buildings connected by a breezeway shall be deemed as one building. The word "building" includes the word "structure."

Commission means the planning and zoning commission.

Court means an open, unoccupied space, other than a yard, bounded on three or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.

Curb level means the mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.

Disaster means fire, flood, explosion, tornado, high winds, or other cause of destruction that is not the choice of the property owner.

Dwelling means a building or portion of a building designed exclusively for residential occupancy, including a one-family, two-family, multiple-family dwelling, and a mobile home or manufactured home.

Dwelling, multifamily means a building or portion of a building arranged, intended or designed for occupancy by three or more families.

Dwelling, one-family means a building arranged, intended or designed for occupancy by one family only.

Dwelling, two-family means a building arranged, intended or designed for occupancy by two families.

Family means one or more persons living together as a single housekeeping unit in which not more than two persons are unrelated by blood, marriage or adoption, foster children excepted.

Garage, private means an accessory building for storage only of motor vehicles.

Height of building means the vertical distance measured from the average finished ground level adjoining the building if it sits back from the street line to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, or to the mean height level of the top of the mainplates and highest ridge for other roofs.

Height of yard or height of court means the vertical distance from the lowest level of a yard or court to the highest point of any boundary wall.

Home occupation means any business, occupation or profession conducted by a resident that is clearly incidental and secondary to the use of the premises for dwelling purposes and is not detrimental to the enjoyment of adjoining or nearby property.

Hotel or motel means a building or facility occupied, used or offering temporary lodging accommodations for not less than 30 consecutive days or guest rooms on a daily or weekly rate to the general public and providing additional services such as restaurants, meeting rooms, maid service, and recreational facilities. A guest room is a room designed, intended or used for the overnight lodging of hotel or motel guests for an established rate or fee.

HUD-code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems of the home; and does not include a recreational vehicle as defined by 24 CFR Section 3282.8(g).

Living area means the air-conditioned space in a residential dwelling unit, exclusive of garages, porches, breezeways, or other nonliving space.

Lot means a parcel of land occupied or to be occupied by one main building, or unit group of buildings, and the incident accessory buildings or uses, including such open spaces as are required under this article, and having its principal frontage upon a public street or approved place.

Lot, corner means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension unless otherwise specified by the zoning administrator.

Lot depth means the mean horizontal distance from the front street line to the rear lot line.

Lot, interior means a lot whose side lot lines do not abut upon any street.

Lot line, front means the boundary between a lot and the street on which it fronts.

Lot line, side means any lot boundary line not a front or rear line. A side lot line may be a party lot line, a line bordering on an alley or place, or a side street line.

Lot lines means the lines bounding a lot.

Lot, reverse corner means a corner lot whose front lot line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of interior lots.

Lot, through means an interior lot having frontage on two streets.

Lot width means the horizontal distance between side lot lines, measured at the front building line.

Lots in separate ownership at the time of the passage of the ordinance codified in this chapter means lots whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the office of the county clerk on or before the date of adoption of the ordinance codified in this chapter.

Manufactured housing or manufactured home means a HUD-code manufactured home or a mobile home and collectively means and refers to both.

Masonry means materials allowed under this chapter as exterior façade, including fired clay brick, stone, finished stucco, aggregate concrete, or other brick and materials as determined by the commission.

Mobile home means a structure: constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home.

Model home means a dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision, and to provide an example of the dwellings in the same subdivision.

Must means mandatory.

Nonconforming use or structure means a use or structure that does not conform to the requirements of this chapter but which, at the time of the commencement of the use or construction of the structure, was in conformance with the zoning regulations of the district in which situated.

Parking lot means an off-street area surfaced and improved for the temporary parking of motor vehicles.

Parking lot, commercial means an off-street area surfaced with asphalt or concrete for the temporary parking of motor vehicles for a fee.

Retirement-assisted living housing means a dwelling unit specifically designed to provide lodging, meals, and assisted living services for elderly persons.

Service floor area means the total floor area of a building, exclusive of stairways, restrooms, storage rooms, hallways or other areas, which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in their normal everyday use of the building.

Shall means mandatory.

Sign means that which attracts or directs attention by visual means to any object, product, service, place, activity, person, institution or business. A sign includes any fasteners, fixtures, methods, or structures by or upon which a sign is erected, attached, displayed, placed or mounted.

Stable, private means an accessory building designed and intended for the housing and maintenance of horses and/or livestock that are owned by the occupant of the premises, and which accessory building is not used for commercial purposes and is used for the personal use of the owner or occupant of the property where situated.

Story means that part of a building included between the surface of one finished floor and the surface of the finished floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story.

Street means an area for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or otherwise.

Structural alteration means any alteration involving a change in or addition to the supporting members of a building, such as load bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, including but not limited to signs, and excepting utility poles, fences and retaining walls.

Used for includes the meaning "designed for" or "intended for."

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as may otherwise be provided in this chapter.

Yard, front means a yard across the full width of the lot from the front line of the main building to the front line of the lot.

Yard, rear means a yard measured between the rear lot line and the rear line of the main building and located between the side lot lines.

Yard, side means a yard between the main building and the adjacent side lot line of the lot, and extending from the front yard to the rear yard.

Zoning administrator means the person designated by the city with the duties of administering and enforcing this chapter, or such person's duly appointed designee.

(Ordinance 06-09, § 2, 3-23-06)

Any person, firm, corporation or association violating any of the provisions or terms of this chapter shall upon conviction be punished by a fine not to exceed the sum of $2,000.00 for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. The owner of a building or premises or part thereof where a violation of this chapter is placed or exists, and any architect, builder, contractor, agent or corporation that may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties provided in this section.

(Ordinance 06-09, § 2, 3-23-06)

In addition to the remedies provided in this chapter, the city may, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, occupied or maintained, or any building, structure or land is used in violation of this chapter, institute any appropriate action or proceedings to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of building, structure or land; or, to prevent any such illegal act, conduct, business or use.

(Ordinance 06-09, § 2, 3-23-06)

In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. Where lots abut a street that is designated a thoroughfare on the thoroughfare plan, all yards abutting such street shall be measured from a line half of the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback. On other lots, all yards abutting a street shall be measured from a line 25 feet from the centerline, or from the lot line, whichever provides the greater setback.

(Ordinance 06-09, § 2, 3-23-06)

When allowed as a permissible use in a residential district, there shall be no external evidence of the use detectable at any lot line, such evidence to include but is not limited to smoke, dust, noise, fumes, glare, vibration or electrical disturbance that may cause material distress, discomfort or injury to persons of ordinary sensibilities or that may interfere with the comfortable enjoyment of private homes or property by persons of ordinary sensibilities. A home occupation shall not cause a noticeable increase in traffic on surrounding or adjacent streets or parking of more than three motor vehicles that are not owned by an occupant of the dwelling. Signage shall not exceed one non-illuminated sign of not more than one square foot in area attached to a wall of the dwelling. A business, occupation or profession conducted within a residential dwelling that does not meet the standards contained in this section shall be deemed to be a commercial activity in violation of this ordinance.

(Ordinance 06-09, § 2, 3-23-06)

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the territorial limits of the city are divided into 13 districts as follows:

(1)

R-1-6000 Single-family Dwelling District.

(2)

R-1-7200 Single-family Dwelling District.

(3)

R-1-10000 Single-family Dwelling District.

(4)

R-2 Two-family Dwelling District.

(5)

R-3 Multifamily Residence District.

(6)

R-1-4000 Manufactured Home Residential District.

(7)

R-1-4000C Commercial Manufactured Home Residential District.

(8)

C-1 Retail District.

(9)

C-2 Commercial District.

(10)

C-3 Commercial District.

(11)

M-1 Light Industrial District.

(12)

MA Marina District.

(13)

Special districts:

a.

Planned Development District.

b.

IH-35E Business Corridor District.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The zoning district map prepared for the city shows zone designations according to the designations set out in this chapter. This map provides for zone use designations for all property within the territorial limits of the city. The city council has adopted the zoning district map of the city dated May 1977. This map shall take precedence over any and all zoning district maps that existed before that date, and all amendments to zoning districts within the city shall become a part of this zoning district map when enacted by the city council. The commission shall keep on file in its office an authentic copy of the map and all changes, amendments or additions to the map.

(b)

When definite distances in feet are not shown on the zoning district map, the district boundaries are intended to be along existing street, alley or platted lot lines, or their extensions; and if the exact location of such lines is not clear, it shall be determined by the zoning administrator, due consideration being given to location as indicated by the scale of the zoning district map.

(c)

When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the zoning administrator may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this chapter.

(d)

Whenever any street or alley is abandoned, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such abandoned street or alley.

(Ordinance 06-09, § 2, 3-23-06)