(a)

This chapter shall be incorporated as a part of the City's master plan. The master plan, while not an exact guide, can direct future development. The plan must reflect the attitudes of the citizens so as to be meaningful or effective, as circumstances change, and as attitudes change. The plan will serve as the basis to rationally plan for the physical development of the City. The plan will allow elected officials, developers, utilities, public works planners, and the many committees charged with the making decisions affecting the development of the City to make those decisions in a consistent, coordinating, and reasonable manner.

(b)

The first element of the master plan is land Use. The goals and objectives that have been developed for future land Use have served as the basis for the zoning plan, master street plan, and subdivision regulations. Those goals and objectives are:

(1)

Development of land already zoned for commercial Uses should be encouraged prior to rezoning of additional land;

(2)

Expansion of business Uses into or within residential areas should be permitted only if such expansion maintains or improves the desirability of that area for residential Use;

(3)

Provide recreational facilities for local residents;

(4)

Provide efficient and effective public services to citizens;

(5)

Utilize educational resources and facilities to the maximum benefit of each citizen;

(6)

Protect and improve existing roadways and plan for orderly development of new streets and roadways;

(7)

Residential construction should be restricted to areas served by existing sewer, water and streets wherever possible. Provision should be made for development in other areas, but only if central water and sewer systems are constructed;

(8)

The developer of new subdivisions should pay the cost of the infrastructure in that subdivision;

(9)

Scattered development should be avoided;

(10)

Maintain the integrity of the downtown business area of the City;

(11)

Provide adequate parking facilities;

(12)

Direct special attention to maintaining and improving the appearance of areas having high public visibility;

(13)

Ensure all new development has adequate drainage;

(14)

To assist orderly, efficient, and integrated development of the City;

(15)

Promote the health, safety, and general welfare of the residents of the City;

(16)

Ensure conformance of land subdivision plans with the public improvement plans for the City;

(17)

Encourage well-planned subdivisions by establishing adequate standards for design and improvement;

(18)

Safeguard the interest of the public, the home and owner, and the subdivider;

(19)

Secure equitable handling of all subdivision plans by providing uniform procedures and standards;

(20)

Restrict building on flood lands and in other areas poorly suited for building or construction;

(21)

Prevent the encroachment of residential or other Uses in commercial or industrial Zones that would prohibit the expansion or full operation of the intended commercial or industrial Uses in those Zones.

(Code 1968, § 25-5; Ord. No. 613, § 2(4.01.000))

This chapter, as amended from time to time, together with the official zoning map of the City as amended from time to time, may be cited as the City's zoning ordinance.

(Code 1968, § 25-6; Ord. No. 613, § 2(4.01.010))

This regulation of zoning is necessary, designed, and enacted for the purpose of promoting the health, safety, morals, and general welfare of the present and future inhabitants of the City by lessening congestion in the streets and roads; securing safety from fire and other damages; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provisions of transportation, water, sewage, schools, parks, and other public requirements; fostering industries; and protecting urban and rural development.

(Code 1968, § 25-7; Ord. No. 613, § 2(4.01.020))

Whenever there is any conflict between this chapter and any other ordinance, regulation or law, the more restrictive or higher standard shall apply.

(Code 1968, § 25-8; Ord. No. 613, § 2(4.01.030))

These regulations and the official zoning map shall constitute a part of the City's comprehensive master plan.

(Code 1968, § 25-9; Ord. No. 613, § 2(4.01.040))

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 Use means a Use which is subordinate to, clearly incidental to, customarily in connection with, and ordinarily located on the same premises as the permitted Use. Home Occupations which meet the criteria set out in section 22-530 shall be considered an Accessory Use to a residence in all Zones.

Apartment means a room or rooms used as a dwelling for one Family unit which may do its cooking therein.

Board of Adjustment means the Board of Adjustment of the City.

Building Height means the vertical height from grade at the lowest point at the foundation to the highest point of the building.

Building Inspector means the duly authorized representative.

Building Line means a line parallel to a property line beyond which no exposed portion of a building extends. Unroofed terraces or patios, cornices, sills, canopies, balconies, eaves, steps and other ornamental fixtures, and chimneys which extend four feet or less from the building, open fire escapes which extend six feet or less from the building, walls, rails or fences up to six feet high, and temporary awnings, need not be considered in determining the building line.

Business or Professional Office means the office of a doctor, engineer, insurance broker, architect or similar professional person and offices used primarily for accounting, correspondence, research, editing or administration.

Café, Restaurant or Cafeteria means a commercial eating establishment where meals or snacks are vended for consumption.

Clinic means an office for one or more physicians, surgeons, dentists or other practitioners of the healing arts.

Conditional Use means a Use which is permitted or allowed in the Zone involved only by specific review by the Planning Commission and complies with the provisions of this chapter and other applicable City ordinances and regulations. Conditional Uses must meet the criteria set out herein.

Dwelling Unit means an area in a building containing cooking, living and sanitary facilities designed for use and used by a single Family for residential purposes, including related accessory structures.

Factory-Built Housing means any structure or component thereof designed primarily for residential occupancy, either permanent or temporary, including a Mobile Home or Travel Home, which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation, on the building site.

Family means one or more individuals occupying a single Dwelling Unit and living as a single housekeeping unit with a maximum of eight adults.

Freestanding Sign means a Sign erected upon its own support and not attached to a building.

Garage means any building used for the storage of motor vehicles in connection with private residences and Business.

Home Occupation means any commercial activity, whether for profit or nonprofit, conducted within a Dwelling Unit.

Hospital means a facility which makes available more than one of the following: medical, surgical, psychiatric, chiropractic, maternity, tuberculosis, and/or nursing service. This facility shall be licensed by the State Department of Public Health and Environment as a hospital.

Hotel/Motel/Lodging Establishment means a building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, for compensation.

House Trailer, Transient or Temporary, means any vehicle designed for transport on wheels which has cooking, eating, living and sleeping facilities. Such units may or may not contain sanitary facilities. These units customarily are moved at least once per year and are licensed as vehicles.

Lot means a subdivision of a block or other parcel of land intended as a unit for the transfer of ownership as for development of at least sufficient size to meet minimum requirements for Use, coverage and area and to provide required yard and other open space. Such Lot shall have frontage on an improved street.

Lot Line, Front, means the line separating a Lot from a street or public right-of-way upon which the principal building faces.

Lot Line, Rear, means the Lot Line opposite and most distant from the Front Lot Line. Triangular Lots shall maintain a rear yard of not less than 25 feet from the point of intersection of the Side Lot Lines.

Lot Line, Side, means any Lot Line which is not front or rear.

Lot Width means the distance between the Side Lot Lines of a Lot measured at right angles to the line establishing the Lot depth at the established building setback line.

Manufactured Home.

(1)

The term "Manufactured Home" means a single-Family dwelling which meets all of the following standards:

a.

Is partially or entirely manufactured in a factory;

b.

Is not less than 24 feet in width and 36 feet in length;

c.

Is installed on an engineered permanent foundation;

d.

Has brick, wood or cosmetically equivalent exterior siding and pitched roof; all homes with bow or arch trusses are expressly prohibited;

e.

Is susceptible of, and intended for, permanent connection to public utilities; and

f.

Which meets or exceeds, on an Equivalent Performance Engineering Basis, standards which include, but are not limited to, standards established by the City Building Code, the Housing and Urban Development standards or the Uniform Building Code standards. The term "Equivalent Performance Engineering Basis" means that by using engineering calculations or testing and following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety and functional requirements to the same extent as required for other single-Family housing units.

(2)

Any Manufactured Home sited within any zoning district of the City where allowed shall be placed in its permanent location in such a manner that any open space, or gap, between the bottom of said Manufactured Home and the ground shall be enclosed by a poured concrete wall, concrete block wall or other solid masonry construction wall, said wall being plumb to the exterior walls of said Manufactured Home, and without regard to whether or not the exterior walls of said Manufactured Home are bearing walls or not. It is the intent of this requirement that no Manufactured Home shall be sited within any zoning district where allowed with skirting made of wood, metal, plastic, vinyl, fiberglass or any other perimeter enclosure of a temporary nature.

Mobile Home means any complete structure, transportable in one or more sections, which, when erected on site, is 720 or more square feet, which is built on a permanent chassis and designed to be used as a residential dwelling with or without a permanent foundation and which is built to HUD, IRC or UBC standards and accompanied by the appropriate permanently attached documentations for the State's wind load, live load and thermal requirements. The term "Mobile Home" shall not include campers, motor homes or other recreational vehicles. This definition shall not apply to any vehicle lawfully operated upon fixed rails or include conventional manufactured housing which has been designed to meet the requirements of applicable building codes or the definition contained within this chapter. The term "Mobile Home" shall include two or more separately towed units which are bolted or otherwise fastened together to form a complete living unit; provided, however, that said term shall not apply to Manufactured Homes, as defined in this section.

Mobile Home Park means a single site, parcel or Lot operated and used for the location of two or more Mobile Homes intended for use as residences.

Multiple-Family Residence or Multifamily Dwelling means any residence with three or more Dwelling Units in a single building, living independently of each other and individually equipped for preparation of food.

Nonconforming Use means a Use which does not comply with the Use regulations, dimensional requirements or other regulations of this chapter.

Planning Commission means the officially appointed Planning and Zoning Commission of the City.

Projecting Sign means any Sign supported by a building and projecting therefrom.

Public Utility Service Facilities means transmission and distribution facilities for natural gas, electricity, water, sewer, drainage, telephone and cable television as necessary to provide service to customers located in the various Zones of the City, such as pipes, lines, mains, wires, transformers, valves and other related appurtenances, but not including buildings, offices, and production or generation facilities.

Retail means sale to the ultimate consumer for direct consumption and/or use not for resale.

Service Station means a building or premises for which the principal use may or may not be the Retail sale of gasoline, oil or other fuel for motor vehicles, which may include facilities for polishing, greasing, washing, repair of motor vehicles, and operation of such facilities and attached convenience stores and Cafés.

Setback means the perpendicular distance measured from a property line to the closest Building Line.

Sign means any device, including any letters, figures or pictorial matter displayed for advertising purposes, whether placed on any natural object, upon any structure, building or surface, or freestanding, which would be visible from any public street or public right-of-way.

Sign Area means the total exterior surface of all faces of any Sign.

Special Review means a Conditional Use or Variance.

Travel Home means any movable or relocatable Dwelling Unit with a living area of less than 720 square feet or which is required to have a license plate.

Travel Home Park means a park or campground for the temporary Use of Travel Homes, including, but not limited to, campers, motor homes, pickup truck campers, trailers and trailer coaches.

Use means the activity or purpose for which property, a building or other structure is designed, arranged, intended, occupied or maintained.

Use by Right means a Use which is permitted or allowed in the Zone involved, without specific review by the Planning Commission, and complies with the provisions of this chapter and other applicable City ordinances and regulations.

Variance means the legal modification of the Zone provisions such as yard, Lot and yard depth, Signs, setbacks, granted due to the peculiar condition existing within a single piece of property.

Wall Sign means any Sign painted on or incorporated in a building wall or window, or any Sign consisting of cut-out letters or devices affixed to a building wall or window with no background defined on the building wall.

Zone means the area for which the regulations and requirements governing Use of buildings and premises are uniform.

(Code 1968, § 25-10; Ord. No. 613, § 2(4.01.050); Ord. No. 682, § 1, 12-9-2008)