In any R-1 Residential District, the following regulations shall apply:

1.

General description. The R-1 Residential District is established as a district in which the principal use of land is for single-family dwellings. For the R-1 Residential District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of the land for single-family dwellings;

b.

To strictly prohibit commercial and industrial use of the land and to prohibit any other use which would be incompatible with development of single-family dwellings in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section;

d.

To discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets; and

e.

To discourage any use which because of its character or size would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Single-family dwelling.

b.

Educational group.

c.

Church.

d.

Utility service group.

e.

Public recreation group.

3.

Density. The maximum allowable density is five (5) dwelling units per gross acre.

4.

Lot area. Each single-family dwelling hereafter erected, together with its accessory buildings, shall be located on a lot having a minimum area of nine thousand three hundred seventy-five (9,375) square feet, with an exemption for lots of record with a minimum area of five thousand (5,000) square feet which were recorded prior to March 20, 1979.

5.

Lot width. Each lot shall have a minimum width of seventy-five (75) feet, measured along the front building line; provided, however, that on a record lot having a width of less than seventy-five (75) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of fifty (50) feet. Corner lots shall have a minimum width of eighty-five (85) feet. Each lot located on a cul-de-sac shall have a minimum width of forty (40) feet, measured at the front property line.

6.

Lot depth. Each lot shall have a minimum depth of one hundred twenty-five (125) feet except when circumstances such as physical environmental constraints (steep slopes, waterways, etc.) prevent such lot depths. The City shall determine the extent of the constraint when such circumstances arise and recommend a reasonable lot depth.

7.

Lot coverage. The lot coverage for a principal building and all accessory buildings shall not exceed thirty (30) percent.

8.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

9.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. The sum of the widths of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot. On any lot having an average width of seventy-five (75) feet or less, each side yard shall have a minimum of ten (10) percent of the width of the lot, and in no case shall a side yard be less than seven and one half (7½) feet in width. Buildings located on a corner lot shall have a minimum of twenty-five (25) feet in width for side yards that front the street.

10.

Rear yard. Each lot shall have a rear yard with a minimum of twenty-five (25) feet in depth.

11.

Height limits. No single-family dwelling shall exceed thirty-five (35) feet in height. No principal building for any other permitted use shall exceed fifty (50) feet in height. For each one foot or fraction thereof that a building exceeds thirty-five (35) feet in height, there shall be added four (4) feet to the minimum width of each side yard, two (2) feet to the minimum depth of the front yard, and two (2) feet to the minimum depth of the rear yard required by this section. No accessory building shall exceed eighteen (18) feet in height

12.

Building restriction line. In subdivisions platted after 1994 no building construction or additions shall extend beyond the building restriction line, excepting, however, steps, terraces and porches as stated in subsection 2 of Section 9-03-05, which are allowed to extend eight (8) feet beyond the front of the principal building.

In any R-2 Residential District, the following regulations shall apply:

1.

General description. The R-2 Residential District is established as a district in which the principal use of land is for single-family and two-family dwellings. For the R-2 Residential District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of the land for single-family and two-family dwellings;

b.

To strictly prohibit commercial and industrial use of the land and to prohibit any other use which would be incompatible with development or continuation of single-family and two-family dwellings in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section;

d.

To discourage any use which would generate traffic on minor streets other than normal traffic to serve residences on those streets; and

e.

To discourage any use which because of its character or size would create requirements and costs for public services such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family and two-family dwellings.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Single-family dwelling.

b.

Two-family dwelling.

c.

Educational group.

d.

Church.

e.

Utility service group.

f.

Public recreation group.

g.

Row house.

3.

Density. The maximum allowable density is ten (10) dwelling units per gross acre. The maximum allowable density for row houses, townhouses, or zero lot line attached units shall be ten (10) families per gross acre.

4.

Lot area. Each permitted building erected together with accessory buildings, shall be located on a lot having a minimum area of seven thousand (7,000) square feet. For R- 2 lots to be split, each half of the lot shall have a minimum lot area of three thousand five hundred (3,500) square feet. Lot and yard requirement regulations for row houses, townhouses, or zero lot line attached units require each attached single-family dwelling hereafter erected shall be located on a lot having a minimum of not less than three thousand five hundred (3,500) square feet per unit.

5.

Lot width. Each lot shall have a minimum width of seventy-five (75) feet, measured along the front property line. Corner lots shall have a minimum width of eighty-five (85) feet. Each lot located on a cul-de-sac shall have a minimum width of forty (40) feet, measured at the front property line. For R-2 lots to be split, each half of the lot shall have a minimum width of thirty (30) feet, measured along the front property line, fifty-five (55) feet for corner lots and twenty (20) feet in cul-de-sacs. For row houses, townhouses, or zero lot line attached units, each lot shall have a minimum width of not less than thirty (30) feet, measured along the front property line.

6.

Lot depth. Each lot shall have a minimum depth of one hundred twenty-five (125) feet except when circumstances such as physical environmental constraints (steep slopes, waterways, etc.) prevent such lot depths. The City shall determine the extent of the constraint when such circumstances arise and recommend a reasonable lot depth.

7.

Lot coverage. The lot coverage of the principal building and all accessory buildings shall not exceed thirty-five (35) percent for buildings with a maximum height of fifteen (15) feet, nor shall it exceed forty-five (45) percent for buildings with a maximum height of sixty (60) feet. In computing lot coverage, two hundred (200) square feet shall be added to the actual area of the building for each car space required by this title, if such parking space is not furnished within a building.

8.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

9.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. The sum width of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot. On any lot having an average width of seventy-five (75) feet or less, each side yard shall have a minimum width of seven and one-half (7½) feet. Buildings located on a corner lot shall have a minimum of twenty-five (25) feet in width for side yards that front the street. For R-2 lots to be split, and excepting the common center lot line, side yard setbacks shall be ten (10) percent of the original lot width, but not less than seven and one-half (7½) feet. For row houses, townhouses, or zero lot line attached units, the width of the side yard shall be no less than twenty (20) percent of the lot width for each dwelling unit, but not less than six (6) feet, except twenty-five (25) feet minimum shall be maintained for corner lots.

10.

Rear yard. Each lot shall have a rear yard with a minimum of twenty-five (25) feet in depth, except for row houses, townhouses, or zero lot line attached units, which shall have a rear year with a minimum of twenty (20) feet in depth.

11.

Height limits. No single-family dwelling or two-family dwelling shall exceed thirty-five (35) feet in height. No principal building for any other permitted use shall exceed fifty (50) feet in height. For each foot or fraction thereof that a building exceeds thirty-five (35) feet in height, there shall be added four (4) feet to the minimum width at each side yard, two (2) feet to the minimum depth of the front yard, and two (2) feet to the minimum depth of the rear yard required by this section. No accessory buildings shall exceed eighteen (18) feet in height.

12.

Row house—Safety provisions. Row houses, townhouses, or zero lot line attached units shall have wall separations between each dwelling unit of at least two-hour, fire-resistant wall which shall extend from the footing to and through the roof at least thirty (30) inches except as may be allowed by the city building code pertaining to area separation walls.

13.

Row houses off-street parking. Off-street parking spaces shall be provided for each dwelling unit as required under Section 9-03-10 of this code, or as otherwise designated within this code.

14.

Row house—General regulations. The lot coverage requirements and minimum front, side, and rear yard setbacks for row houses, townhouses, or zero lot line attached units shall be imposed on the overall structure, and not on each individual unit.

In any R-5 Residential District, the following regulations shall apply:

1.

General description. The R-5 Residential District is established as a district in which the principal use of land is for single-family mobile home dwellings and manufactured homes located within manufactured home parks. For the R-5 Residential District, the specific intent of this section is:

a.

To encourage the placement of, and the continued use of the land for single-family mobile home and manufactured home dwellings located within mobile home parks;

b.

To strictly prohibit commercial and industrial uses of the land; and

c.

To encourage suitable and proper development of mobile home park.

2.

Definition. For the purposes of this section "mobile home park" shall also mean "mobile home court" or "manufactured home park."

3.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Single-family mobile home dwellings and manufactured homes with or without a permanent foundation when located within mobile home parks.

4.

Density. The maximum allowable density for all mobile home parks shall be five (5) dwelling units per gross acre.

5.

Lot dimensions.

a.

For single-wide manufactured home dwelling units, minimum lot dimensions shall be sixty (60) feet wide and one hundred ten (110) feet deep with a minimum lot area of six thousand six hundred (6,600) square feet.

b.

For double-wide manufactured home dwelling units, minimum lot dimensions shall be sixty-five (65) feet wide and one hundred ten (110) feet deep with a minimum lot area of seven thousand one hundred fifty (7,150) square feet.

6.

Lot coverage.

a.

The ground area occupied by buildings shall not exceed fifty (50) percent of the total area of the lot. In addition, this provision limits accessory buildings to one (1) accessory building, not to exceed on hundred twenty (120) square feet in area per lot, and one (1) accessory building, not to exceed six hundred (600) square feet in area per lot, and said accessory, buildings shall be placed on a foundation approved by the Building Inspector.

b.

Accessory buildings shall not be placed within ten (10) feet of any other building as measured from exterior wall to exterior wall.

7.

Front yard setback. Each lot shall have a front yard minimum of twenty (20) feet in depth.

8.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. Each side yard shall have a minimum width of seven and one-half (7½) feet.

9.

Rear yard. Each lot shall have a rear yard with a minimum of ten (10) feet in depth.

10.

Height limits. Manufactured homes shall not exceed twenty-five (25) feet in height. No accessory structure shall exceed fifteen (15) feet in height.

11.

Lot restrictions. All clothes lines shall be placed in the rear yard.

12.

Mobile home park requirements.

a.

The minimum total area of a manufactured home park shall be at least one hundred thousand (100,000) square feet.

b.

The minimum width of a street or roadway on which each manufactured home fronts shall be at least forty (40) feet from back of curb to back of curb in width. Dead-end streets or roadways shall be at least ninety-six (96) feet in diameter.

c.

All entrances, exits, lanes, and driveways between rows of manufactured homes shall be lighted to provide an illumination intensity of five (5) footcandles.

d.

All provision of water supply, laundry, sewage and fire protection to be provided in any manufactured home park shall have been approved by the Building Inspector.

e.

Off-street parking areas shall conform to the standards in Section 9-03-10.

f.

Recreation areas. There shall be provided within each manufactured home park an adequate site or sites for recreation for the exclusive uses of the park occupants. Such recreation site or sites shall have a minimum area in the aggregate of four thousand (4,000) square feet plus one hundred (100) square feet for each manufactured home space in said park. The recreation sites shall be of appropriate design and provided with adequate equipment.

g.

All manufactured home parks must provide a completely and permanently landscaped setback area of at least thirty (30) feet in width around those portions of the park perimeter which border public rights-of-way. Such areas may contain trees, shrubbery, grass, benches, fences, landscaped water resources and the like. Setback areas not bordering public rights-of-way [may] be used to fulfill the recreation area requirements of the preceding paragraph.

h.

All manufactured home parks shall have near their main entrance, a park office in which there shall be an up-to-date list of park residents along with their addresses and a diagram of the park layout.

13.

Manufactured home park restrictions.

a.

No business shall be conducted in any manufactured home park except mobile home sales.

b.

Existing manufactured home parks shall not be enlarged or extensively altered unless such alteration complies with the provisions of this section.

14.

Manufactured home park plans and layouts. All layouts for mobile home parks shall be submitted to the Planning Commission for a determination of design efficiency prior to approval of a zoning change request for R-5 district uses. All changes thereto must be approved in like manner.

15.

Manufactured home requirements.

a.

All mobile homes and manufactured home dwellings shall be equipped with coordinating skirts to enclose completely the underside of the mobile home.

b.

Each mobile home and manufactured home dwelling shall be anchored to the ground for purposes of withstanding wind pressures specified for such and manufactured home dwelling homes by the Building Inspector prior to occupancy of the unit.

c.

Manufactured homes built after 1976 must have an approved HUD seal of occupancy before a certificate of occupancy will be given. For double-wide and multi-unit homes, each unit must have a separate HUD seal.

In any R-7 Residential District, the following regulations shall apply:

1.

General description. The R-7 Residential District is established as a district in which the principal use of land is for residences, including multifamily dwellings and similar high density residential development. For the R-7 Residential District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and continued use of the land for residential purposes;

b.

To strictly prohibit commercial and industrial use of the land and to prohibit any other use which would be incompatible with the development of high density residential structures in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses in the district; and

d.

To discourage any use which because of its character or size would generate traffic or require municipal services substantially in excess of traffic and services that would exist if the district were developed solely for multifamily dwellings and similar residential uses.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Apartments.

b.

Row houses/townhouses.

c.

Multifamily dwelling.

d.

Educational group.

e.

Church.

f.

Health-medical group.

g.

Utility service group.

h.

Public recreation group.

i.

Housing for the elderly.

3.

Density. The maximum allowable density is sixteen (16) dwelling units per gross acre. For nursing homes and elderly housing, one (1) dwelling unit equals two (2) living quarters.

4.

Lot area. Each lot containing row homes/townhomes shall have a minimum lot area of two thousand five hundred (2,500) square feet. All other lots shall have a minimum area of eight thousand one hundred twenty-five (8,125) square feet.

5.

Lot width. Each lot containing row homes/townhomes shall have a minimum lot width of twenty (20) feet. All other lots shall have a minimum width of sixty-five (65) feet, measured along the front building line.

6.

Lot coverage. The lot coverage occupied by the principal building and all accessory buildings shall not exceed fifty (50) percent of the total lot area.

7.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

8.

Side yards. Each lot shall have two (2) side yards, one on each side of the principal building. The sum of the widths of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot with at least ten (10) feet for each side yard. The interior side yard minimum will be waived for adjoining lots containing row home/townhomes. Buildings located on a corner lot shall have a minimum width of twenty-five (25) feet for the side yard that fronts the street.

9.

Rear yard. Each lot shall have a rear yard with a minimum of twenty-five (25) feet in depth.

10.

Access to rear yards. The required rear yard to each multifamily building and row home/townhome shall have an unobstructed access to a public walkway at least four (4) feet wide extending to an alley or street.

11.

Height limits. All principal buildings for any other permitted use including apartment houses if over thirty-five (35) feet in height shall be of fire-resistant construction. The heights of such structures shall not exceed sixty (60) feet in height. For each foot or fraction thereof that a building exceeds thirty-five (35) feet in height, there shall be added two (2) feet to the minimum width of each side yard, two (2) feet to the minimum depth of the front yard and one (1) foot to the minimum depth of the rear yard required by this section. No accessory building shall exceed twenty-five (25) feet in height. No accessory building shall be placed in the required front, rear, and side setbacks as per this section.

12.

Safety provision. Row houses/townhouses shall have wall separations between each dwelling unit of at least a two-hour fire-rated wall which shall extend from the footing to and through the roof.

13.

Building separation. For multifamily buildings on the same lot, a minimum separation of twenty (20) feet is required between buildings.

In any R-9 Residential District, the following regulations shall apply:

1.

General description. The R-9 High Density Residential District is established as a district in which the principal use of land is for high density residences, including multifamily dwellings and similar high density residential development. For the R-9 Residential District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and continued use of the land for high density residential purposes;

b.

To strictly prohibit commercial and industrial use of the land and to prohibit any other use which would be incompatible with the development of high density residential structures in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses in the district; and

d.

To discourage any use which because of its character or size would generate traffic or require municipal services substantially in excess of traffic and services that would exist if the district were developed solely for multifamily dwellings and similar residential uses.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Apartments/condos.

b.

Row houses/townhouses.

c.

Multifamily dwelling.

d.

Educational group.

e.

Church.

f.

Health-medical group.

g.

Utility service group.

h.

Public recreation group.

i.

Housing for the elderly.

3.

Density. The maximum allowable density is thirty-two (32) dwelling units per gross acre. For nursing homes and elderly housing, one (1) dwelling unit equals two (2) living quarters.

4.

Lot area. Each lot containing row homes/townhomes shall have a minimum lot area of two thousand five hundred (2,500) square feet. All other lots shall have a minimum area of ten thousand (10,000) square feet.

5.

Lot width. Each lot containing row homes/townhomes shall have a minimum lot width of twenty (20) feet. All other lots shall have a minimum width of sixty-five (65) feet, measured along the front building line.

6.

Lot coverage. The lot coverage occupied by the principal building and all accessory buildings shall not exceed sixty (60) percent of the total lot area.

7.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

8.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. The sum of the widths of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot with at least ten (10) feet for each side yard. The interior side yard minimum will be waived for adjoining lots containing row home/townhomes. Buildings located on a corner lot shall have a minimum width of twenty-five (25) feet for the side yard that fronts the street.

9.

Rear yard. Each lot shall have a rear yard with a minimum of twenty-five (25) feet in depth.

10.

Access to rear yards. The required rear yard to each multifamily building and row home/townhome shall have an unobstructed access to a public walkway at least four (4) feet wide extending to an alley or street.

11.

Height limits. Single-family and two-family residential buildings shall have a maximum height of thirty-five (35) feet. All principal buildings for any other permitted use including apartment houses and condominiums if over thirty-five (35) feet in height shall be of fire-resistant construction. The heights of such structures shall not exceed seventy (70) feet in height. For each foot or fraction thereof that a building exceeds forty-five (45) feet in height, there shall be added two (2) feet to the minimum width of each side yard, two (2) feet to the minimum depth of the front yard and one (1) foot to the minimum depth of the rear yard required by this section. No accessory building shall exceed twenty-five (25) feet in height. No accessory building shall be placed in the required front, rear, and side setbacks as per this section.

12.

Safety provision. Row houses/townhouses shall have wall separations between each dwelling unit of at least a two-hour fire-rated wall which shall extend from the footing to and through the roof.

13.

Building separation. For multifamily buildings on the same lot, a minimum separation of twenty (20) feet is required between buildings.

In any RR-1 Rural Residential District, the following regulations shall apply:

1.

General Description. The RR-1 Rural Residential District is established as a district in which the predominant use of land is for low-density rural single family residential use. The City will not be responsible for the creation or maintenance of any interior or exterior roadways within this district. The City will not be responsible to provide any public services or utility services within this district. For the RR-1 Rural Residential District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the continued use of the land for low-density rural single-family residential use;

b.

To strictly prohibit commercial and industrial uses of the land; and

c.

To discourage any use, which because of its character or size, would create unusual requirements and costs for public services.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Single-family dwelling, including shop houses. Building codes and inspections shall be applied to stick framed houses and shop houses uniformly.

b.

Utility service group.

c.

Public recreation group.

3.

Density. The maximum allowable density is one (1) family per lot.

4.

Lot area. Each single-family dwelling hereafter erected shall be located on a lot having a minimum area of forty-three thousand five hundred sixty (43,560) square feet.

5.

Lot width. Each lot shall have a minimum width of one hundred fifty (150) feet. Each lot located on a cul-de-sac shall have a minimum width of sixty (60) feet, measured at the front property line.

6.

Lot depth. Each lot shall have a minimum lot depth of two hundred (200) feet except when circumstances such as physical environmental constraints (steep slopes, waterways, etc.) prevent such lot depths. The City shall determine the extent of the constraint when such circumstances arise and recommend a reasonable lot depth.

7.

Front yard. Each lot shall have a front yard with a minimum of forty (40) feet in depth.

8.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal and accessory buildings. The sum of the widths of the two (2) side yards shall not be less than twenty (20) percent of the average width of the lot, and in no case less than fifteen (15) feet per yard.

9.

Rear yard. Each lot shall have a rear yard depth with a minimum of fifty (50) feet or twenty (20) percent of the depth of the lot whichever is the larger, but in any case need not exceed seventy-five (75) feet.

10.

Height limits. No single-family dwelling shall exceed forty (40) feet in height. No principal building for any other permitted use shall exceed fifty (50) feet in height. For each one (1) foot, or fraction thereof, that a building exceeds thirty-five (35) feet in height, there shall be added four (4) feet to the minimum width of each side yard and two (2) feet to the minimum depth of the rear yard required by this section. No accessory building shall exceed twenty-five (25) feet in height.

11.

Off-street parking. Off-street parking shall be provided as set forth in Section 9-03-10.

12.

Minimum road standards. Unless otherwise shown on the master plan, right-of-way and roadway widths shall conform to the standards set forth by Section 9-08-05.

All streets to be used for on-street parking shall be forty (40) feet back of curb to back of curb in roadway width; all others shall be a minimum of twenty-four (24) feet back of curb to back of curb in roadway width.

13.

Allowable accessory buildings. Accessory structures shall be limited to a maximum of four (4) percent of the area of the parcel, a maximum wall height of sixteen and one-half (16½) feet and a maximum building height of twenty-five (25) feet.

Accessory buildings for the above computations shall include the following buildings; barns, stables, storage buildings, and detached garages. Attached garages are not included in the above computations, provided the area occupied by an attached garage does not exceed two (2) times the area of the footprint of the dwelling portion of the principal structure to which it is attached.

(Ord. No. 2024-07, 6-20-2024)

In any C-1 Commercial District, the following regulations shall apply:

1.

General description. The C-1 Commercial District is established as a district in which the predominant use of lands is for commercial and service uses to serve the residential districts in the general area and the C-1 Commercial District is one in which the land is, at the date of adoption of this title substantially developed for the C-1 Commercial District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the continued use of the land for, commercial and service uses;

b.

To strictly prohibit all residential uses and industrial uses of the land within the district, to discourage heavy commercial and service uses and, to prohibit any other use which would substantially depreciate the values of residential districts surrounding the C-1 Commercial District;

c.

To encourage the discontinuance of mixed uses and uses that would not be permitted as new uses under the provisions of this section; and

d.

To discourage any use, which because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage substantially in excess if the district were developed solely for neighborhood commercial and service uses.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Motel.

b.

Retail group.

c.

Service group.

d.

Filling station.

e.

Office-bank group.

f.

Public recreation group.

g.

Public recreation group.

h.

Commercial recreation group.

i.

Utility service group.

j.

Health medical group.

k.

Education group.

3.

Lot area. Each principal building hereafter erected, together with accessory buildings, shall be located on a lot having a minimum area of seven thousand (7,000) square feet. Provided, however, that on a record lot having a minimum area of five thousand (5,000) square feet corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, any commercial principal use may be erected.

4.

Lot width. Each lot shall have a minimum width of fifty (50) feet, measured along the front building line. Provided, however, that on a record lot having a width of less than fifty (50) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of forty (40) feet.

5.

Floor area ratio. The floor area ratio of a commercial building and its accessory buildings shall not exceed seventy-five (75) percent for building with a maximum height of fifteen (15) feet nor shall it exceed one hundred fifty (150) percent for a building with a maximum height of thirty-five (35) feet.

6.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

7.

Side yard. On any lot having an average width of less than fifty (50) feet, each side yard shall be not less than ten (10) percent of the width of the lot, and in no case shall a side yard be less than five (5) feet in width. On any lot having an average width of fifty (50) feet or greater, neither side yard shall be less than ten (10) feet in width.

8.

Rear yard. Each lot shall have a rear yard with a minimum of ten (10) feet in depth.

9.

Height limits. No building shall exceed thirty-five (35) feet in height. No accessory building shall exceed twenty-five (25) feet in height.

In any I-1 Light Industrial District, the following regulations shall apply:

1.

General description. The I-1 Light Industrial District is established as a district in which the principal use of land is for heavy commercial establishments and non-nuisance light industries. For I-1 Light Industrial Districts, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of the land for commercial and light industrial buildings;

b.

To strictly prohibit all residential uses of land, to prohibit uses of land for heavy nuisance industry, and to prohibit any other use which would be incompatible with the development or continuation of commercial and light industrial establishments in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section; and

d.

To discourage the use of the land for residences for the purpose both of preserving the area for its appropriate use and for preventing the location of residences in an area inappropriate for residential use.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Motel.

b.

Retail group.

c.

Service group.

d.

Filling station.

e.

Wholesale group.

f.

Truck terminal.

g.

Bus passenger station.

h.

Utility service group.

i.

Light industrial group.

j.

Animal hospital.

k.

Radio or television transmitting station.

l.

Commercial parking lot.

m.

Commercial recreation group.

n.

Auction markets.

o.

Office-bank group.

p.

Educational group.

q.

Adult entertainment group.

3.

Lot area. Each principal building hereafter erected, together with its accessory buildings, shall be located on a lot having a minimum area of five thousand (5,000) square feet.

4.

Lot width. Each lot shall have a minimum width of fifty (50) feet measured along the front building line. Provided, however, that on a record lot having a minimum width of fifty (50) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of twenty-five (25) feet.

5.

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed two hundred (200) percent, with lot coverage not to exceed seventy-five (75) percent.

6.

Front yard. Each lot should have a minimum front yard depth of twenty-five (25) feet.

7.

Side yards. On any lot having an average width of less than fifty (50) feet, each side yard shall be not less than ten (10) percent of the width of the lot, and in no case shall a side yard be less than five (5) feet in width. On any lot having an average width of fifty (50) feet or greater, neither side yard shall be less than fifteen (15) feet in width. For a side yard that fronts a corner street, the minimum setback shall be twenty (20) feet.

8.

Rear yard. Each lot shall have a minimum rear yard depth of ten (10) feet.

9.

Height limits. No principal building shall exceed fifty (50) feet in height. All accessory buildings shall not exceed twenty-five (25) feet in height.

10.

Off-street parking and loading space. It is not the intent of this section to eliminate or exempt any permitted use in the district from full compliance with all off-street parking and loading requirements of this title (Section 9-03-10).

In any I-2 Heavy Industrial District, the following regulations shall apply:

1.

General description. The I-2 Heavy Industrial District is established as a district in which the principal use of land is for heavy industries. For I-2 Heavy Industrial Districts, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of the land for heavy industrial buildings;

b.

To strictly prohibit all residential land uses and other uses of the land for any other use which would be incompatible with the development or continuation of heavy industrial establishments in the district;

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section; and

d.

To discourage the use of the land for residences for the purpose both of preserving the area for its appropriate use and for preventing the location of residences in an area inappropriate for residential use.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Filling station.

b.

Wholesale group.

c.

Truck terminal.

d.

Railroad line trackage.

e.

Railroad spur trackage.

f.

Railroad or bus passenger station.

g.

Railroad freight station.

h.

Utility service group.

i.

Light industrial group.

j.

Heavy industrial group.

k.

Radio or television transmitting station.

l.

Adult entertainment group.

3.

Lot area. Each principal building hereafter erected, together with its accessory buildings, shall be located on a lot having a minimum area of five thousand (5,000) square feet.

4.

Lot width. Each lot shall have a minimum width of fifty (50) feet measured along the front building line. Provided, however, that on a record lot having a minimum width of fifty (50) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of twenty-five (25) feet.

5.

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed two hundred (200) percent, with lot coverage not to exceed eighty-five (85) percent.

6.

Front yard. Each lot shall have a minimum front yard depth of thirty-five (35) feet.

7.

Side yards. On any lot having an average width of less than fifty (50) feet, each side yard shall be not less than ten (10) percent of the width of the lot, and in no case shall a side yard be less than five (5) feet in width. On any lot having an average width of fifty (50) feet or greater, neither side yard shall be less than twenty (20) feet in width. For a side yard that fronts a corner street, the minimum setback shall be twenty-five (25) feet.

8.

Rear yard. Each lot shall have a minimum rear yard depth of fifteen (15) feet.

9.

Height limits. No principal building shall exceed fifty (50) feet in height. All accessory buildings shall not exceed twenty-five (25) feet in height.

10.

Off-street parking and loading space. It is not the intent of this section to eliminate or exempt any permitted use in the district from full compliance with all off-street parking and loading requirements of this title (Section 9-03-10).

In any P Public Use District, the following regulations shall apply:

1.

General description. The P Public Use District is established as a district in which the predominant use of land is for public uses. For the P Public Use District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the continued use of the land for public recreation, education and other necessary government services and buildings; and

b.

To prohibit residential, commercial and industrial uses of the land, to prohibit particularly commercial recreation uses of the land, and to prohibit any use of the land which would diminish its value in serving the needs of the City.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Education group.

b.

Public recreation group.

c.

Utility service group.

d.

Buildings and necessary on-site facilities required for conduct of government.

e.

Sewerage treatment plant.

3.

Lot coverage. The maximum lot coverage of the principal building and all accessory buildings shall not exceed thirty-five (35) percent.

4.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

5.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. The sum of the widths of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot with each side setback being at least five (5) feet.

6.

Rear yard. Each lot shall have a rear yard with a minimum of twenty (20) feet in depth.

7.

Height limits. No principal building shall exceed eighty-five (85) feet in height. For each one (1) foot or fraction thereof that a building exceeds thirty-five (35) feet in height there shall be added four (4) feet to the minimum width of each side yard, two (2) feet to the minimum depth of front yard, and two (2) feet to the minimum depth of rear yard required by this section. Any accessory building that exceeds twenty-five (25) feet in height needs to meet the minimum setbacks established in this section.

8.

Character of district. It is the intent of this title and section to designate as a P Public Use District only areas that are at the date of adoption of this title or become later devoted to the general conduct of government, public recreation, public education, including parochial educational institutions, necessary public services and cemeteries. It is the further intent of this title and this section to designate no area as P Public Use District which is now used, or is intended to be used for a church and accessory religious educational buildings only, or for a private recreational club, golf course, swimming pool, or similar recreational use not owned and operated by a governmental agency. The Planning Commission shall refuse to approve any request for an amendment rezoning any portion of the City to a P Public Use District if there is in that district any use which would be a nonconforming use upon the passage by the City Council for the proposed amendment.

For any PUD Planned Unit Development District, the following regulations shall apply:

1.

Intent. It is the intent of this section to encourage flexibility in development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the adequate and economical provision of streets and utilities; and to preserve the natural and scenic features of open space.

2.

Application. An application for approval of a zoning change and planned unit development may be filed by one or more of the owners of the property to be included in the planned unit development. The application must be made on a form provided by the Planning Commission secretary and must include a consent by the owners of all property to be included in the planned unit development. The application must be accompanied by a site plan and a written statement specified below.

3.

Site plan. A complete site plan signed by a registered professional engineer in the state of North Dakota showing the details of the proposed planned unit development prepared at a scale of a minimum of one (1) inch equals one hundred (100) feet shall be submitted in sufficient detail to evaluate the land planning, building design, uses, and other features of the planned unit development. The site plan must contain insofar as applicable, the following minimum information:

a.

A legal description of all land included in the planned unit development certified by a registered professional land surveyor;

b.

Location map;

c.

The existing topographic character of the land shown in topographic contours having an interval of a minimum of two (2) feet;

d.

Proposed land uses;

e.

The location of all existing and proposed buildings, structures and improvements;

f.

The maximum height of all buildings;

g.

The density and type of dwellings;

h.

The internal traffic and circulation systems, off-street parking areas, and major points of access to public rights-of-way;

i.

Areas which are to be conveyed, dedicated or reserved as common park areas, including public parks and recreational areas;

j.

Proposed interior buffer areas between uses and project boundary buffer;

k.

Acreage of planned unit development;

l.

Utility service plan showing existing utilities in place and all existing and proposed easements;

m.

Landscape plan; and

n.

Surrounding land uses, zoning and ownership.

4.

Written statement. The written statement to be submitted with the planned unit development application must contain the following information:

a.

A statement of the present ownership of all the land included in the planned unit development;

b.

An explanation of the objectives to be achieved by the planned unit development, including building descriptions, sketches and elevations as may be required to describe the objectives; and

c.

Any other information or exhibits the applicant deems pertinent in evaluating the proposed planned unit development.

5.

Procedure. In addition to the requirements of this section, the application for approval of a zoning change and planned unit development shall be made, reviewed and considered in conformity with the procedure and requirements (including, but not limited to, notices, public hearings, and protest opportunity) as provided for zoning change applications by Chapter 9-07.

6.

Approved site plans and uses. All approved site plans for planned unit developments, including modifications and attached conditions, shall be signed by the Mayor and City Auditor on behalf of the City Council and filed with the City Auditor who shall indicate on the official zoning map that a planned unit development has been approved for the area included in the site plan. Only those uses as specified on such approved site plan or in its attached conditions are permitted, and no use of any land, building or structure contrary to such site plan or attached conditions may be made with the exception for minor changes.

7.

Standards. The City Council must be satisfied that the planned unit development and its site plan has met each of the following criteria, or can demonstrate that one or more of them is not applicable, and that a practicable solution consistent with the public interest has been achieved for each of these elements:

a.

The total area of the planned unit development excluding perimeter streets shall be at least three (3) acres.

b.

All property corners, points of curvature and points of tangency of the boundary of the planned unit development shall be located, permanently monumented and capped, bearing a registered land surveyors registration number.

c.

There must be an appropriate relationship to the surrounding area and there must be a minimum thirty-foot buffer zone in any planned unit development of multifamily or nonresidential buildings or commercial or industrial structures adjacent to a R-1 or R-2 Residential Use District. The buffer zone must be kept free of buildings or structures and must be landscaped, screened, or protected by natural features, so that adverse effects on surrounding areas are minimized.

d.

Optimum preservation of natural features including trees and drainage areas must be accomplished.

e.

The internal street circulation system must be designed for the type of traffic generated. Private internal streets may be permitted if they can be used by Police and Fire Department vehicles for emergency purposes.

f.

Pedestrian travel routes must be safe, convenient and attractive.

g.

The maximum allowable density shall not exceed thirty-two (32) dwelling units per acre.

h.

The planned unit development promotes the health, safety, morals and general welfare of the City.

8.

Changes. All changes in the planned unit development, its site plan or attached conditions must be made under the same procedure and requirements applicable to an initial approval of a planned unit development under this section. A variance should not be used in approving or changing a PUD.

Each and any variance granted consistent with Section 9-06-02 shall be in writing, signed by at least four (4) members of the Board of Adjustment, and shall be attached to the approved site plan on file with the City Auditor. No use of any land, building or structure contrary to the terms of said variance may be made.

9.

Subdivision. A planned unit development may be subdivided or resubdivided provided that: (1) approval therefore is obtained pursuant to Chapter 9-08; (2) such action does not increase the dwelling unit density of the planned unit development; and (3) the planned unit development, following the subdivision or resubdivision, is in compliance with the standards and requirements for planned unit developments provided in this section.

For any MU Mixed Use District, the following regulations shall apply:

1.

The MU Mixed Use District is established as a district in which the predominant use of land is for residential and commercial uses to be located in the same building and on the same lot. For the MU Mixed Use District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To accommodate mixed use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space;

b.

To encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and

c.

To promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Apartments.

b.

Multifamily dwellings.

c.

Service group.

d.

Retail group.

e.

Office-bank group.

f.

Educational group.

g.

Hotel/motel.

h.

Church.

i.

Health-medical group.

3.

Lot area. Each mixed use building hereafter erected, together with accessory buildings, shall be located on a lot having a minimum area of five thousand (5,000) square feet. All other non-mixed use buildings, together with accessory buildings, shall be located on a lot having a minimum of seven thousand (7,000) square feet. The gross floor area of commercial establishments shall not exceed ten thousand (10,000) square feet. All commercial floor space provided on the ground floor of a mixed use building must have the following minimum floor area:

a.

At least eight hundred (800) square feet or twenty-five (25) percent of the lot area, whichever is greater, on lots less than fifty (50) feet wide; or

b.

At least twenty (20) percent of the lot area on lots fifty (50) feet wide or greater.

4.

Lot width. Each lot shall have a minimum width of fifty (50) feet, measured along the front building line. Provided, however, that on a record lot having a width of less than fifty (50) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of forty (40) feet.

5.

Lot coverage. Mixed use buildings and all accessory buildings shall not exceed eighty (80) percent of the total lot area. All other buildings shall not exceed fifty (50) percent of the total lot area.

6.

Front yard. Lots on which a mixed use building is located shall not have a minimum front yard requirement. All other lots shall have a front yard with a minimum of fifteen (15) feet in depth.

7.

Side yard. No interior side setbacks are required when mixed use buildings are located next to each other; however, a side yard with a minimum of five (5) feet will be required for the exterior side yard. For a non-mixed use building, it shall have two (2) side yards, one (1) on each side of the principal building. The sum of the widths of the two (2) side yards shall be a minimum of twenty (20) percent of the average width of the lot, with a minimum side setback of five (5) feet. All uses that abut a residential or agricultural district shall comply with the side setbacks for the residential or agricultural district it abuts

8.

Rear yard. Each lot shall have a rear yard with a minimum of ten (10) feet in depth.

9.

Height limits. No mixed use building shall exceed fifty (50) feet in height. All other buildings shall not exceed thirty-five (35) feet in height. No accessory building shall exceed twenty-five (25) feet in height.

10.

Parking standards. Off-street parking and loading standards should conform to the requirements identified in Section 9-03-10.

In any A Agricultural District, the following regulations shall apply:

1.

General description. The agricultural district is established as a district in which the predominant use of land is for general agricultural uses. For an A Agricultural District, in promoting the general purposes of this title, the specific intent of this section is:

a.

To encourage the continued use of land for agricultural uses;

b.

To prohibit scattered commercial and industrial uses of the land, and to prohibit any other use which would interfere with an integrated and efficient development of the land for more intensive urban uses as the City expands; and

c.

To discourage any use, which because of its character or size, would create unusual requirements and costs for public services, such as police and fire protection, water supply and sewerage before such services could be expanded efficiently in the normal development of the City.

2.

Uses permitted. All other uses not listed are prohibited with the exception of those identified as a special use.

a.

Public recreation group.

b.

Fire station.

c.

Railroad line trackage.

d.

General farming group.

e.

Truck farming group.

f.

Utility service group.

g.

Airport.

h.

Animal hospital.

i.

Golf course.

j.

Radio or television transmitting station.

k.

City-owned sewage treatment lagoon and plant.

l.

One (1) single-family dwelling shall be allowed on each record lot of at least five (5) acres in size.

m.

One (1) modular home on a permanent concrete foundation shall be allowed on each record lot of at least five (5) acres in size.

n.

Sand or gravel extraction.

3.

Lot width. Each lot shall have a minimum width of one hundred (100) feet, measured along the front building line. Provided, however, that on a record lot having a width of less than one hundred (100) feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to March 20, 1979, the minimum lot width measured along the front building line may be reduced to a minimum of fifty (50) feet.

4.

Lot coverage. The lot coverage of the principal building and all accessory buildings shall not exceed thirty (30) percent.

5.

Front yard. Each lot shall have a front yard with a minimum of twenty-five (25) feet in depth.

6.

Side yards. Each lot shall have two (2) side yards, one (1) on each side of the principal building. The sum of the width of the two (2) side yards shall not be less than twenty (20) percent of the average width of the lot. On any lot having an average width of sixty (60) feet or less, each side yard shall be a minimum of ten (10) percent of the width of the lot, and in no case shall a side yard be less than five (5) feet in width. On any lot having an average width greater than sixty (60) feet, neither side yard shall be less than six (6) feet in width; provided, however, that for any building thirty-five (35) feet in height or less, no side yard greater than fifteen (15) feet in width shall be required. Provided further, that no building housing livestock shall be less than fifty (50) feet distant from any residential building on an adjacent lot, nor shall such a building be less than fifty (50) feet from the boundary or any lot in a residential or commercial district.

7.

Rear yard. Each lot shall have a rear yard with a minimum of thirty-five (35) feet in depth.

8.

Height limits. No single-family dwelling shall exceed thirty-five (35) feet in height. No principal building for any other permitted use shall exceed fifty (50) feet in height. For each one (1) foot or fraction thereof that a building exceeds thirty-five (35) feet in height, there shall be added four (4) feet to the minimum width of each side yard, two (2) feet to the minimum depth of front yard, and two (2) feet to the minimum depth of rear yard required by this section. Any accessory building that exceeds twenty-five (25) feet in height shall conform to the setbacks described in this section.

9.

Permanent concrete foundation for modular home. The permanent concrete foundation for a modular home shall have a concrete foundation wall which shall be of a minimum width of eight (8) inches and shall be four (4) feet below the ground elevation with concrete footing below of a minimum of six (6) inches depth and eighteen (18) inches width, and there shall be a minimum of eighteen (18) inches of such foundation wall above ground elevation around the outside perimeter of the modular home. All such footings shall be poured with re-bar support and all such footings, foundation walls and supporting pilasters shall meet the City building code. A two (2) feet by three (3) feet service entrance shall be located near the utility hookup under the modular home.

(Ord. No. 2024-06, 6-20-2024)