In order to classify, regulate, and restrict the location of trades, industries, residential uses, and other uses; the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open spaces surrounding buildings; and to regulate and restrict the density of population, the city zoning jurisdiction is divided into districts designated as follows:

(Ord. No. 1740, art. VI, § 1, 11-28-2006)

The boundaries of the zoning districts are shown on the map or sections thereof designated as the city zoning map. The zoning map and all the notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the map and all the notations, references, and other information shown thereon were all fully set forth or described herein. Copies of the zoning map are properly attested and are on file with the city clerk.

(Ord. No. 1740, art. VI, § 2, 11-28-2006)

All territory which may hereafter be annexed to the city shall be annexed as R-1 Single-Family Dwelling District until or unless otherwise established by ordinance.

(Ord. No. 1740, art. VI, § 3, 11-28-2006)

(a)

The F-P Floodplain District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the city flood insurance study and accompanying flood insurance rate map, Panel Number 200295-0001C, effective March 16, 1998, and any subsequent additions or amendments thereto, prepared for the city by the federal insurance administration.

(b)

This zone is intended for application throughout the zoning jurisdiction in locations where an official floodplain delineation has been established.

(c)

The regulations are intended to minimize the extent of floods and reduce the height and violence thereof; to minimize the hazard of loss of lives and property caused by floods; and to secure safety from floods through the confinement of floods, within reasonable limits by regulating and restricting areas of development along or in natural water courses and drain ways.

(Ord. No. 1740, art. VII, § 1, 11-28-2006)

In the F-P district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the permitted uses in the parent district, to which this district is made a part, provided that such uses and structures meet the minimum requirements of section 40-69.

(Ord. No. 1740, art. VII, § 2, 11-28-2006)

(a)

Notwithstanding the requirements of the parent district, the other requirements of this chapter, and the detailed regulations present in this Code, the regulations of this section shall supplement the regulations of the parent district, of which this district is made a part. These regulations shall supersede those of the parent district where there is a conflict among regulations.

(b)

When by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person or entity shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of this Code.

(c)

The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed in the office of the city clerk. The application shall be accompanied by explanatory background information as required of this Code, which shall include as a minimum:

(1)

Identification and description of the work to be covered by the permit.

(2)

Description of the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indication of the use or occupancy for which the proposed work is intended.

(4)

Provisions of plans and specifications for proposed construction.

(5)

Evidence of compliance with the requirements of this Code.

(6)

Signature of the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

(7)

Provision of other information as may be required by the building inspector.

(d)

In areas within the city zoning jurisdiction which are designated as F-P floodplain, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined this Code.

(Ord. No. 1740, art. VII, § 3, 11-28-2006)

The lot coverage and intensity of use of the parent district, of which this district is made a part, shall be the maximum allowable.

(Ord. No. 1740, art. VII, § 4, 11-28-2006)

The height requirements of the parent district, of which this district is made a part, shall be the maximum height requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 1740, art. VII, § 5, 11-28-2006)

The yard requirements of the parent district, of which this district is made a part, shall be the minimum yard requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 1740, art. VII, § 6, 11-28-2006)

The sign regulations of the parent district, of which this district is made a part, shall be the minimum requirements for sign regulations.

(Ord. No. 1740, art. VII, § 7, 11-28-2006)

The parking and loading regulations of the parent district, of which this district is made a part, shall be the minimum requirements subject to additional requirements as prescribed by this chapter.

(Ord. No. 1740, art. VII, § 8, 11-28-2006)

The A-L Agricultural District is intended to provide a location for land situated on the fringe of the urban area to be used for agricultural purposes, but which will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, and intensity of use of land authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

(Ord. No. 1740, art. VIII, § 1, 11-28-2006)

In the A-L district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed in section 40-94.

(Ord. No. 1740, art. VIII, § 2, 11-28-2006)

(a)

General farm operations, not including:

(1)

The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.

(2)

A use or activity engaged in within 300 feet of a residential or retail business structure, if such use or activity results in continuous odor, dust, or noise.

(3)

The construction of agricultural buildings or structures closer than 90 feet to the centerline of a principal public way.

(b)

Single-family dwelling units on a minimum of two acres for exclusive use by the farm family or employees. (Site size subject to utility service requirements.)

(c)

Residential design manufactured homes.

(d)

Manufactured homes incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.

(e)

Group homes, foster homes and boarding homes for children.

(f)

Churches and similar places of worship and parish houses.

(g)

Farms and ranches.

(h)

Golf courses and other open land recreational uses, except miniature golf courses, driving tees, or other intensive commercial uses, such as automobile racetrack or amusement park.

(i)

Greenhouses, nurseries, and garden centers.

(j)

Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(k)

Privately owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap, and skeet ranges.

(l)

Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or nonprofit organization.

(m)

Public or parochial elementary, junior high, high schools and private schools with equivalent curriculum.

(n)

Licensed childcare centers.

(o)

Stands for sale of agricultural products or commodities raised or prepared on the premises.

(p)

Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces, and similar uses.

(q)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(r)

Utility lines and facilities necessary for public service and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable state department of health and environment regulations.

(s)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council and subject to conditions as they may impose.

(1)

Any public building erected or land used by any department of the city, county, state, or federal government.

(2)

Airport or heliport.

(3)

Cemetery, crematory or mausoleum.

(4)

Electronic communications towers, provided that towers within 150 feet of a dwelling district zone may have a height of no more than 80 feet; and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios). Also see section 40-695.

(5)

Home occupations.

(6)

Hospitals, isolation homes, penal institutions, sanitariums or asylums for the treatment of mental illness, alcoholism or narcotics addiction on a tract of land five acres or larger.

(7)

Preschools.

(8)

Oil and gas exploration and extraction.

(9)

Water retention areas.

(10)

Racetrack, animal or vehicular.

(11)

Development of natural resources and extraction of raw materials such as rock, gravel, sand, etc.

(12)

Licensed nursing and care homes on a tract five acres or larger, subject to inspection and license requirements of the state.

(13)

Seasonal or temporary uses such as recreation camp or similar enterprises.

(14)

Telephone exchange, electric substations or similar public utilities.

(15)

Agricultural product storage (elevators and grain bins) when no other business is in combination with said storage.

(16)

Animal feed lots subject to the license requirements of the state and subject to the following minimum sanitation and odor practices. (The intent is to establish a healthful environment around the feedlot.)

a.

Operation.

1.

Manure shall be removed or disposed of in one of the following manners:

(i)

Spraying or spreading on land followed by disking or plowing.

(ii)

Grinding or dehydrating in properly designed dehydrators.

(iii)

Stockpiling in a compost plant in an isolated area at least three miles from a residential area.

2.

Insect and rodent control measures to be as follows:

(i)

Removal of manure and disposal as outlined above.

(ii)

Use of chemical sprays and poisons in accordance with procedures and recommendations of a biologist experienced in insect and rodent control.

b.

Drainage.

1.

All ground surfaces within pens shall be so graded and compacted to ensure proper drainage.

2.

Surface runoff shall be so controlled that no appreciable amount of soil or manure is carried into any roadway ditch or drainage area where it will deposit and form sludge banks where flies and mosquitoes can breed.

(17)

Radio or television transmitters.

(18)

Private clubs (as defined in these regulations).

(19)

Kennels, breeder and boarding, provided that:

a.

The minimum lot size shall be not less than two acres, subject to utility requirements.

b.

No kennel buildings or runs shall be located nearer than 75 feet to any property lines.

c.

All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chainlink fence with aluminum strip intertwined or other equivalent fencing providing a sight barrier to the dogs.

(20)

Privately owned parks, playgrounds, golf courses or other outdoor recreational areas such as campgrounds, youth camps, gun clubs, and archery, trap and skeet ranges.

(21)

Riding stables and academies, providing no structure housing horses shall be located nearer than 600 feet to the boundary of any residential district.

(22)

Raising of fur bearing animals.

(Ord. No. 1740, art. VIII, § 3, 11-28-2006)

Tracts in this district shall be subject to the following minimum size requirements:

(1)

Tracts served by private water wells and septic systems: five acres.

(2)

Tracts served by a public water system and a private septic system: three acres.

(3)

Tracts served by a public water system and public sewer system: two acres.

(Ord. No. 1740, art. VIII, § 4, 11-28-2006)

Except as otherwise provided in the height, area, bulk, and dimensional requirements of this chapter, no building or structure shall exceed the following height restrictions:

(1)

When a building or structure is within 150 feet of a dwelling district zone, the building or structure shall not exceed 35 feet in height.

(2)

When a building or structure is more than 150 feet from a dwelling district zone, the building or structure shall not exceed 80 feet in height. Buildings and structures used for nonagricultural purposes shall not exceed 35 feet in height.

(Ord. No. 1740, art. VIII, § 5, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 40 feet except as required for arterial and collector streets or roads.

(2)

When a lot or tract has double frontage, the required front yard shall be provided on both streets and roads.

(3)

When a lot or tract is located at the intersections of two or more streets or roads, there shall be a front yard on each street or roadside of the lot or tract. No accessory building shall project beyond the front yard line on either street or road.

(b)

Side yard. There shall be a side yard on each side of every building, structure or zoning lot, which the yard shall not be less than 15 feet.

(c)

Rear yard. Except as hereinafter provided in the additional height, area, and use regulations of this chapter, there shall be a rear yard having a depth of not less than 40 feet.

(Ord. No. 1740, art. VIII, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. VIII, § 7, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. VIII, § 8, 11-28-2006)

The R-S Residential Suburban District is established to provide for single-family rural residential development at a low density and to allow certain public facilities. It is the intent of the district regulation to protect the health, safety, and general welfare of persons residing in the district; to prevent uses, which would devalue property; to regulate population density; and to provide adequate open space around buildings and structures. This zone is intended for application in developing areas at the fringe of the city and is intended to minimize conflicts of incompatible uses of land and protect the public health and welfare until the area is more fully developed.

(Ord. No. 1740, art. IX, § 1, 11-28-2006)

In the R-S district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses listed in section 40-129.

(Ord. No. 1740, art. IX, § 2, 11-28-2006)

(a)

General farm operations. This shall not include or permit:

(1)

Any activity within 300 feet of another residential district which activity is noxious or offensive by reason of dust, odor, or noise.

(2)

Feedlots.

(b)

Single-family, non-farm dwellings.

(c)

Residential design manufactured homes.

(d)

Group homes, foster homes and boarding homes for children.

(e)

Temporary structures incidental to construction work but only for the period of work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(f)

Golf courses, except commercial miniature golf courses or driving tees.

(g)

Public parks, playgrounds, and recreational areas owned and operated by a public agency.

(h)

Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces.

(i)

Raising of trees, shrubs and grasses not sold on the premises.

(j)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such conditions as the board may impose:

(1)

Raising and care of livestock for show and pleasure, provided:

a.

When an R-S district or a portion thereof is reclassified to another more restrictive residential zone, those uses granted by special use permit for animal shelters or similar related uses in this subsection (j)(1) shall be completely discontinued within a period of six months from the date of reclassification.

b.

Uses permitted in this subsection (j)(1) shall not be kept for commercial purposes.

c.

Livestock permitted in this subsection (j)(1) shall be properly sheltered and proper sanitation shall be maintained at all times.

d.

Livestock cages or pens permitted in this subsection (j)(1) shall not be closer than 50 feet to any residence.

(2)

Churches and similar places of worship.

(3)

Home occupations.

(4)

Hospitals or clinics for people on a lot, plot, or tract of land five acres or larger.

(5)

State-licensed child center.

(6)

Licensed nursing home, sanitarium, rest home, homes for the aged, or convalescent home on a lot, plot, or tract of land five acres or larger, subject to operational and licensure requirements of the state.

(7)

Preschools.

(8)

Schools; public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.

(9)

Cemetery, crematory, or mausoleum when used in conjunction with a cemetery.

(10)

Any public building erected or land used by any department of the city, county, state or federal government.

(11)

Telephone exchange, electric substations, regulator stations, and other public utilities.

(12)

Bed and breakfast establishments.

(13)

Oil and gas exploration, extraction, or production.

(14)

Extraction or mining of minerals.

(15)

Wireless communications towers. See section 40-695.

(Ord. No. 1740, art. IX, § 3, 11-28-2006)

Lots in this district shall be subject to the following minimum size requirements:

(1)

Lots served by private water wells and septic systems: five acres, with a minimum lot width of 140 feet.

(2)

Lots served by a public water system and a private septic system: three acres, with a minimum lot width of 140 feet.

(3)

Lots served by a public water system and a public sewer system: 9,000 square feet. Lots shall have an average lot width of not less than 70 feet.

(Ord. No. 1740, art. IX, § 4, 11-28-2006)

The principal building and accessory buildings shall not cover more than 30 percent of the lot area.

(Ord. No. 1740, art. IX, § 5, 11-28-2006)

No building shall exceed 35 feet in height.

(Ord. No. 1740, art. IX, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record as of the effective date of the ordinance from which this chapter is derived shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line.

(b)

Side yard. Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building.

(c)

Rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(Ord. No. 1740, art. IX, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. IX, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. IX, § 9, 11-28-2006)

The R-1 Single-Family Dwelling District is established for the purpose of low density, single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order, or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

(Ord. No. 1740, art. X, § 1, 11-28-2006)

In the R-1 district, no building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-156.

(Ord. No. 1740, art. X, § 2, 11-28-2006)

(a)

Single-family dwellings.

(b)

Residential design manufactured housing.

(c)

Group homes, foster homes and boarding homes for children.

(d)

Churches and similar places of worship and parish houses.

(e)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(f)

Hospitals for people only on a lot, plot, or tract of land five acres or larger.

(g)

Nursing or convalescent homes on a lot, plot, or tract of land five acres or larger.

(h)

Public parks, playgrounds, recreational areas.

(i)

Schools; public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.

(j)

Customary accessory uses and structures located on the same lot with the principal use, including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, but which do not include uses unrelated to the principal use or any activity commonly conducted for gain.

(k)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(l)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such conditions as they may impose:

(1)

Any public building erected or land used by any department of the city, county, state or federal government.

(2)

Home occupations.

(3)

Bed and breakfast establishments.

(4)

Telephone exchange, electric substations and regulatory stations, or other public utilities.

(5)

Raising of crops, trees and shrubs not sold on the premises.

(6)

State-licensed childcare centers.

(7)

Water retention areas.

(8)

Preschools.

(9)

Clinic (medical and dental).

(10)

Assisted living facility for the elderly.

(11)

Commercial office use in structures formally allowed as governmental or medical use.

(Ord. No. 1740, art. X, § 3, 11-28-2006; Ord. No. 1768, 11-19-2007)

Every lot shall have an area of not less than 9,300 square feet and an average width of not less than 70 feet.

(Ord. No. 1740, art. X, § 4, 11-28-2006)

The principal building and accessory buildings shall not cover more than 30 percent of the lot area.

(Ord. No. 1740, art. X, § 5, 11-28-2006)

No building shall exceed 35 feet in height.

(Ord. No. 1740, art. X, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which this chapter is derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line.

(b)

Side yard.

(1)

Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building.

(2)

When more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings.

(c)

Rear yard. There shall be a rear yard having a depth of not less than ten feet.

(Ord. No. 1740, art. X, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. X, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. X, § 9, 11-28-2006)

The R-2 Two-Family Dwelling District is intended for the purpose of allowing a slightly higher density than in district R-1, yet retaining the residential qualities. This district allows duplex uses, single-family homes, certain community facilities, and certain special uses.

(Ord. No. 1740, art. XI, § 1, 11-28-2006)

In the R-2 district, no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-195.

(Ord. No. 1740, art. XI, § 2, 11-28-2006)

(a)

Single-family dwellings.

(b)

Residential design manufactured homes.

(c)

Group homes, foster homes and boarding homes for children.

(d)

Two-family dwellings.

(e)

Community recreation buildings owned and operated by a public agency.

(f)

Churches and similar places of worship and parish houses.

(g)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(h)

Hospitals and clinics on a parcel of land not less than two acres in size (but not animal hospitals or mental hospitals).

(i)

Institutions of higher learning, including dormitory accommodations.

(j)

Public parks, playgrounds, and recreation areas.

(k)

Schools; public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.

(l)

Nonprofit institutions of an educational, philanthropic, or eleemosynary nature, but not penal institutions.

(m)

Nursing and convalescent homes on a tract of land not less than two acres in size.

(n)

Customary accessory uses and structures located on the same lot or group of lots with the principal use, including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, but does not include uses unrelated to the principal use or any activity commonly conducted for gain.

(o)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is complete.

(p)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council and under such conditions as they may impose: any conditional use permitted in the R-1 district.

(Ord. No. 1740, art. XI, § 3, 11-28-2006)

Lots in this district shall be subject to the following minimum size requirements:

(1)

Single-family dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than 7,000 square feet with a minimum lot width of 60 feet.

(2)

Two-family dwellings. A lot on which there is erected a two-family dwelling shall contain an area of not less than 4,000 square feet per family. This regulation shall also be applicable to two-family structures being converted to individually owned units. Also see article VIII of this chapter.

(3)

Dormitories, lodginghouses, nursing homes, and boardinghouses shall, in addition to meeting the above requirements for single-family buildings, provide at least 500 square feet of lot area for each occupant.

(Ord. No. 1740, art. XI, § 4, 11-28-2006)

The principal building and accessory buildings shall not cover more than 40 percent of the lot area.

(Ord. No. 1740, art. XI, § 5, 11-28-2006)

No building shall exceed 45 feet in height.

(Ord. No. 1740, art. XI, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record as of the effective date of the ordinance from which this chapter is derived shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the property line.

(b)

Side yard.

(1)

There shall be a side yard on each side of a principal building which shall be one-third the height of the building or ten percent of the width of the lot, whichever is the greater, with a minimum of eight feet, except as provided for zero lot-line development.

(2)

When more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public or quasi-public uses, the spacing of the buildings shall not be less than the average height of the adjacent buildings.

(c)

Rear yard. There shall be a rear yard for each principal building in this district, which shall have a depth of not less than ten feet.

(Ord. No. 1740, art. XI, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XI, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XI, § 9, 11-28-2006)

The R-3 Multiple-Family Dwelling District is intended for the purpose of allowing moderate to high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, certain community facilities, and certain special uses, yet retaining the basic residential qualities.

(Ord. No. 1740, art. XII, § 1, 11-28-2006)

In the R-3 district, no building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-228.

(Ord. No. 1740, art. XII, § 2, 11-28-2006)

(a)

Any use permitted in the R-2 Two-Family Dwelling District.

(b)

Multiple-family dwellings.

(c)

Bed and breakfast establishments.

(d)

Roominghouses and lodginghouses.

(e)

Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service customarily carried on as a business.

(f)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such conditions as the board may impose: any conditional use permitted in the R-2 Two-Family Dwelling District.

(Ord. No. 1740, art. XII, § 3, 11-28-2006)

Lots in this district shall be subject to the following minimum size requirements:

(1)

Single-family dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than 6,000 square feet.

(2)

Two-family dwellings. A lot on which there is erected a two-family dwelling shall contain an area of not less than 3,000 square feet per family.

(3)

Multiple-family dwellings. A lot on which there is erected a multiple-family dwelling shall contain an area of not less than 6,000 square feet, or 2,000 square feet per family, whichever area is the larger.

(4)

Bed and breakfast establishments. A lot on which there is a bed and breakfast establishment shall contain an area of not less than 7,000 square feet.

(5)

Dormitories, lodginghouses, nursing homes, roominghouses and boardinghouses: Same as R-2 district requirements.

(6)

Minimum lot width shall be 50 feet.

(7)

When a single lot of record as of the effective date of the ordinance from which this chapter is derived, as defined in section 40-5, has less area than that specified for multiple-family dwellings, and its boundary lines, along their entire length, touched lands under other ownership on the effective date of the ordinance from which this chapter is derived and have not since been changed, such lot may be used only for single-family dwelling purposes, or for any other non-dwelling use permitted in this district, provided the structure conforms with other yard and height requirements of this district.

(Ord. No. 1740, art. XII, § 4, 11-28-2006)

The principal building and accessory buildings shall not cover more than 40 percent of the lot area.

(Ord. No. 1740, art. XII, § 5, 11-28-2006)

No building shall exceed 45 feet in height.

(Ord. No. 1740, art. XII, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot has a double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which this chapter is derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the property line.

(b)

Side yard.

(1)

There shall be a side yard on each side of a principal building, which shall be a minimum of eight feet.

(2)

When more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other public or quasi-public uses, the spacing of the buildings shall not be less than the average height of the adjacent buildings.

(c)

Rear yard. There shall be a rear yard for each principal building in this district, which shall have a depth of not less than ten feet.

(Ord. No. 1740, art. XII, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XII, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XII, § 9, 11-28-2006)

(a)

The intent of the PUD Planned Unit Development District is to encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings; to encourage a more efficient use of land reflecting changes in the technology of land development; to encourage the expansion of urban areas incorporating the best features of modern design while conserving the value of land; and to provide a procedure which relates the type, design, and layout of development to the particular site and the particular demand at the time of development in a manner consistent with the preservation of property values within established neighborhoods.

(b)

The PUD district in this chapter is an overlay zone, which may be used in conjunction with any of the standard residential, commercial or industrial zones. Although the specific conditions within this district are predetermined, the location of a proposed district must be carefully reviewed to ensure that these conditions can be met. A development plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions that follow.

(Ord. No. 1740, art. XIII, § 1, 11-28-2006)

All uses; however, such uses must be approved as shown on the development plan and as specified in the regulations.

(Ord. No. 1740, art. XIII, § 2, 11-28-2006)

(a)

The planning commission shall make a report to the city council setting forth its reasons for recommendation of approval or denial of the application, along with specific evidence and facts showing that the proposed planned unit development meets or does not meet the following conditions:

(1)

The planned unit development shall be in general conformity with the provisions of the adopted comprehensive plan.

(2)

The planned unit development shall not have a substantially adverse effect on the development of the neighboring area.

(b)

The planned unit development district may be established exclusively for residential, commercial or industrial development or any combination of those types of development.

(c)

The minimum size allowed for a planned unit development for other than residential uses shall be three acres for commercial development and five acres for industrial development. Any PUD which has combined two or more types of use into a single plan shall have a minimum allowable size for the PUD equal to the sum of the minimum land areas required for each of the two or more types contained therein.

(d)

Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD.

(Ord. No. 1740, art. XIII, § 3, 11-28-2006)

(a)

Upon recommendation of the planning commission the city council may from time to time adopt general policies or specific rules and regulations for planned unit developments and place the policies or rules and regulations of public record in the office of the zoning administrator; provided the policies or rules and regulations are not inconsistent with the adopted standards and conditions, and provided that no policies, rules or regulations shall be revised or added to, so as to be applicable to a specific proposal for a planned unit development after an application for preliminary approval of a specific development plan has been filed.

(b)

A planned unit development shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, open space, public facilities and the development by geographic division of the site.

(1)

The applicant shall satisfy the planning commission and the city council that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of 18 months following approval of a final plan by the city council, and a minimum of 50 percent of the total planned construction shall be completed within a period of three years following such approval or the approval of the plan. The period of time established for the completion of the development may be modified from time to time by the city council upon the showing of good cause by the developer.

(2)

The applicant may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which developments of each such unit must be commenced. In the case of residential planned unit developments, the city council may permit in each unit deviations from the number of dwelling units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned development is not affected.

(3)

The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees as may be determined by the planning commission and approved by the city council, to be reasonably required to ensure performance in accordance with the development plan and to protect the public interest in the event of abandonment of the plan before completion.

(4)

The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development. If it is determined that traffic control signals are required to prevent traffic hazards or congestion in adjacent streets, the control signals shall be provided at the developer's expense.

(5)

The development shall not impose an undue burden on public services and facilities, such as water and sewer systems and fire and police protection.

(6)

The entire tract or parcel of land to be submitted for planned unit development shall be held in single ownership or control, or if there are two or more owners, the application for such planned unit development shall be filed jointly.

(7)

The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned unit development not used for structures, parking and loading areas, or accessways shall be landscaped or otherwise improved.

(8)

Off-street parking and loading shall be provided in accordance with article IV of this chapter.

(9)

When a commercial or industrial use within a planned unit development district abuts a residential district, a solid or semi-solid fence or wall at least six feet, but not more than eight feet high and having a visual density of not less than 90 percent per square foot, shall be provided adjacent to any adjoining residential district, except where the commercial or industrial development is separated from the residential zone by a street right-of-way. A ten-foot-wide landscape buffer which shall consist of deciduous trees and shrubs and evergreens located along the property line which shall be maintained by the owner of the property in the planned unit development district, may be substituted for the solid or semi-solid fence when approved by the city.

(10)

All commercial and industrial buildings shall set back not less than 45 feet from the right-of-way of any street and 20 feet from any district boundary line that does not abut a street right-of-way. Additional setback from a heavily traveled thoroughfare may be required by the city council, when recommended by the planning commission for protection of health, safety, and general welfare.

(11)

Building coverage shall not exceed the following percentages of the net developable area of each individual parcel and of the total development for each type of planned unit development:

BUILDING COVERAGE
NET DEVELOPABLE AREA
(%)

(12)

A minimum of 30 percent of the net area of the part of planned unit development reserved for residential development shall be provided for open space as defined by this chapter. At least one-half of this open space shall be provided for the leisure and recreational use of all PUD residents and maintained by owners of property in the development as through a homeowners' association in the case of a townhouse or a residential subdivision. The common open space shall be developed for appropriate recreational facilities and a minimum of 50 percent of the proposed recreational facilities shall be constructed prior to the development of one-half of the project, and all recreational facilities shall be constructed by the time the project is 75 percent developed.

(13)

The PUD shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to ensure its continuity, care, conservation and maintenance, and to ensure that remedial measures will be available to the city council if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire community.

(14)

Modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the planned unit development and the amenities incorporated in it are not inconsistent with the interest of the public generally.

(15)

No residential use shall have direct access onto an arterial street.

(16)

All commercial or industrial areas must have access to a collector or arterial street, however, no individual commercial or industrial use may have direct access onto collector or arterial streets, unless deemed necessary by the planning commission and approved by the city council.

(17)

Sidewalks shall be built to city specifications along all public and private streets; however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrians access between each use in the planned unit development.

(18)

Consideration shall be given for the provision of bicycle traffic along collector and arterial streets or along the approved pedestrian-sidewalk system.

(Ord. No. 1740, art. XIII, § 4, 11-28-2006)

(a)

An application for a planned unit development shall be handled in the same manner prescribed for amending the zoning ordinance. The same requirements for notice, advertisement of public hearing, protests and adoption shall be required as in conventional zoning.

(b)

The applicant shall prepare and submit 20 copies of the preliminary development plan for review and recommendation by the planning commission, which the plan shall include:

(1)

A site plan, showing:

a.

Contours at intervals of two feet.

b.

General location, size and use of all proposed structures in conformance with the yard requirements; or designation of individual lots if such lots are proposed to be sold to individual owners.

c.

All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.

d.

All streets adjoining subject property and the width of the existing right-of-way.

e.

Areas set aside for public and private open space with the type of recreational facilities planned for each area indicated.

f.

Designation of individual parcels if the proposed development is to be set up in separate construction phases.

g.

Location of required screening.

h.

Location of natural features such as ponds, tree clusters and rock outcropping.

i.

Existing development on adjacent properties within 200 feet.

(2)

The above-described site plan shall also include a section designated as "general provisions" and the section shall include the following items when the items are applicable:

a.

Net area ___ square feet or ___ acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street right-of-way. If more than one parcel is proposed, designate net area by parcel as well as total net area.)

b.

Density shall not exceed ___ dwelling units per acre or a total of ___ dwelling units for the entire plan. No parcel or unit of the plan shall exceed a density of ___ units per acre for the individual parcel by more than 20 percent.

c.

Building coverage shall not exceed ___ of the net area of the planned unit development by individual or total development.

d.

A minimum of ___ percent of the development plan shall be provided for common open space as defined by this regulation. (Note: Normally, this figure should be approximately 50 percent.)

e.

A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project and all recreational facilities shall be constructed by the time the project is 75 percent developed.

f.

If more than one parcel is proposed, a statement relating to the sequence of development shall be included.

g.

Required number of off-street parking spaces: _____.

h.

Gross floor area proposed: ___ square feet. (Commercial PUD only.)

i.

All proposed land uses shall be listed by parcel.

(3)

A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and stormwater.

(4)

The full legal description of the boundaries of the property or properties to be included in the planned unit development.

(5)

A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed planned unit development.

(6)

Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development.

(7)

When a planned unit development includes provisions for a common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for such open space or recreational facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted.

(8)

Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district.

(9)

In the case where a planned unit development calls for construction in units over a period of years, a schedule showing the proposed item and sequence within which the applications for final approval of all sections of the planned unit development are intended to be filed shall be submitted.

(10)

A written statement by the applicant shall be submitted setting forth the reasons why in his opinion the planned unit development would be in the public interest and would be consistent with the intent of the city council on planned unit development.

(c)

Action by planning commission. The planning commission shall, within 60 days after a preliminary planned unit development is filed, hold a public hearing on the development after giving notice as required by statute for hearings on amendments. The public hearing may be adjourned from time to time and within a reasonable period of time after the conclusion of the public hearing, the planning commission shall prepare and transmit to the city council and the applicant specific findings of fact with respect to the preliminary planned unit development. The planning commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions.

(d)

Action by city council. The city council shall or shall not approve the preliminary development plan and authorize the submitting of the final development plan. If the city council approves the preliminary plan, it shall pass an ordinance designating the tract with an overlay of planned unit development and so order the official zoning map to be amended.

(e)

Substantial or significant changes in the preliminary planned unit development shall only be made after rehearing and re-approval as required for the initial approval of the preliminary plan.

(Ord. No. 1740, art. XIII, § 5, 11-28-2006)

(a)

After approval of a preliminary plan, the applicant shall submit an application for final approval. The final application may include the entire planned unit development or may be for a unit or section thereof as set forth in the approval of the preliminary plan and shall include changes required in the approval of the preliminary plan. The application shall include 20 copies of such drawings, specifications, covenants, easements, conditions and form of performance bond as set forth in the approval of the preliminary plan and in accordance with the conditions established in the zoning regulations for planned unit developments.

(b)

A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not:

(1)

Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area;

(2)

Increase by more than ten percent the floor area proposed for nonresidential use;

(3)

Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings; nor

(4)

Substantially change the design of plan so as to significantly alter, as determined by the planning commission:

a.

Pedestrian or vehicular traffic flow.

b.

The juxtaposition of different land uses.

c.

The relation of open space to residential development.

d.

The proposed phasing of construction.

(c)

Public hearing.

(1)

A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modifications on location and design of streets or facilities for water, stormwater, sanitary sewers, or other public facilities.

(2)

In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, the planning commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the city council for its final approval.

(d)

In the event that the final plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit the original plan. This preliminary development plan shall be modified in the same manner prescribed in this article for original approval.

(e)

In the event that a plan or section thereof is given final approval and thereafter the landowner shall abandon the plan or section, he shall so notify the city thereof in writing. In the event the landowner shall fail to commence the planned unit development within 18 months after final approval has been granted, such final approval shall terminate and shall be deemed null and void unless such time period is extended by the planning commission upon written application by the landowner.

(Ord. No. 1740, art. XIII, § 6, 11-28-2006)

Any approved final plan shall be filed of record with the register of deeds.

(Ord. No. 1740, art. XIII, § 7, 11-28-2006)

To further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan, as finally approved, and to ensure that modifications, if any, in the plan shall not impair the reasonable reliance of the residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement, or otherwise shall be subject to the following provisions:

(1)

Enforcement by the municipality. The provisions of the plan relating to:

a.

The use of land and the use, bulk, and location of buildings and structures;

b.

The quality and location of common open space; and

c.

The intensity of use or the density of residential units;

shall run in favor of the municipality and shall be enforceable in law or in equity by the municipality, without limitation on any owners or regulation otherwise granted the municipality by law.

(2)

Enforcement by the residents and owners. All provisions of the plan shall run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to the extent the provisions, whether recorded by plat, covenant, easement, or otherwise may be enforced at law or equity by the residents and owners, acting individually, jointly, or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the planned unit development, except as to those portions of the plan which have been finally approved and have been recorded.

(3)

Modifications of the plan by the municipality. All those provisions of the plan authorized to be enforced by the municipality under subsection (1) of this section may be modified, removed or released by the municipality (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

a.

No such modification, removal or release of the provisions of the plan by the municipality shall affect the rights of the residents and owners of the planned unit development to maintain and enforce those provisions, at law or equity, as provided in subsection (2) of this section.

b.

No modification, removal or release of the provisions of the plan by the municipality shall be permitted, except upon a finding by the municipal authority, following a public hearing called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire planned unit development, does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person.

(4)

Modification by the residents. Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the municipality to enforce the provisions of the plan in accordance with the provisions of subsection (1) of this section.

(Ord. No. 1740, art. XIII, § 8, 11-28-2006)

A planned unit development district ordinance or an approved preliminary or final development plan may be amended in the same manner prescribed in this article for approval of a preliminary or final plan. Application for amendment may be by the homeowners' association or 51 percent of the owners of the property within the PUD.

(Ord. No. 1740, art. XIII, § 9, 11-28-2006)

For un-platted tracts or tracts being re-platted, the approval of the preliminary planned unit development shall be considered as the approval of a preliminary plat. To complete the platting process, the applicant need only submit a final plat. The final plat shall be in accordance with the subdivision regulations.

(Ord. No. 1740, art. XIII, § 10, 11-28-2006)

It is intended that the M-H Manufactured Home Subdivision District be established for the purpose of allowing development of medium density platted neighborhood areas for use by manufactured homes of all types. Manufactured homes may be occupied by either owners or renters, however, no lots may be rented or leased, or for sale on a contract basis which has the functional effect of leasing. This district is intended to provide opportunity for individual siting and use of manufactured homes for single-family dwellings consistent with the use and density characteristics of the surrounding residential neighborhood.

(Ord. No. 1740, art. XIV, § 1, 11-28-2006)

In the M-H district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses in section 40-293.

(Ord. No. 1740, art. XIV, § 2, 11-28-2006)

(a)

Manufactured homes, single- or multiple-width, on permanent foundations and connected to all public facilities, subject to the applicable provisions of this Code.

(b)

Single-family dwellings.

(c)

Group homes, foster homes and boarding homes for children.

(d)

Churches and similar places of worship and parish houses.

(e)

Public parks, playgrounds, recreational areas.

(f)

Schools; public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.

(g)

Customary accessory uses and structures located on the same lot with the principal use, including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, but which do not include uses unrelated to the principal use or any activity commonly conducted for gain.

(h)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

(i)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such conditions as they may impose: any conditional use permitted in the R-1 Single-Family Dwelling District.

(Ord. No. 1740, art. XIV, § 3, 11-28-2006)

Every lot shall have an area of not less than 6,000 square feet and an average width of not less than 50 feet.

(Ord. No. 1740, art. XIV, § 4, 11-28-2006)

The principal building and accessory buildings shall not cover more than 30 percent of the lot area.

(Ord. No. 1740, art. XIV, § 5, 11-28-2006)

No building shall exceed 35 feet in height.

(Ord. No. 1740, art. XIV, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot of record, as of the effective date of the ordinance from which this chapter is derived, shall not be reduced to less than 35 feet, except as may be required to preserve a minimum setback of six feet from the lot line.

(b)

Side yard.

(1)

Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than ten percent of the width of the lot with a minimum of eight feet on each side of the principal building.

(2)

When more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings.

(c)

Rear yard. There shall be a rear yard having a depth of not less than ten feet.

(Ord. No. 1740, art. XIV, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XIV, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XIV, § 9, 11-28-2006)

It is the intent of the M-P Manufactured Home Park District to permit low-density manufactured home uses in a park-like atmosphere. The manufactured home park district is intended for those areas where the owner proposes to develop and rent or lease individual sites.

(Ord. No. 1740, art. XV, § 1, 11-28-2006)

In the M-P district, no building shall be used and no building shall be erected, altered, or enlarged which is arranged, intended, or designed for other than uses listed in section 40-319.

(Ord. No. 1740, art. XV, § 2, 11-28-2006)

(a)

Independent manufactured homes located on a well-drained concrete slab, subject to the applicable provisions of this Code.

(b)

Parks and playgrounds.

(c)

Manufactured housing service buildings, such as coin-operated washers and dryers, for exclusive use of residents of the manufactured home park.

(d)

Office for manager of the manufactured home park.

(e)

Storage building for vehicles used to tow manufactured housing units.

(f)

Storage building for blocks, skirts, pipe, and other material and equipment required to set up a manufactured house.

(g)

Accessory uses and buildings, including swimming pools, bath houses, RV and boat storage sheds, patios, etc., for exclusive use of manufactured housing residents.

(h)

Churches and other similar places of worship.

(i)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council and under such conditions as they may impose:

(1)

State-licensed childcare centers.

(2)

Home occupations.

(Ord. No. 1740, art. XV, § 3, 11-28-2006)

(a)

A tract to be used for a manufactured housing park shall be large enough to accommodate ten or more manufactured units.

(b)

Each manufactured housing park space shall be not less than 35 feet wide.

(c)

Manufactured housing parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,000 square feet.

(d)

The manufactured housing park shall be located on a well-drained site properly graded to ensure rapid drainage.

(e)

Manufactured housing parks shall provide screening when they abut residential property.

(f)

Each manufactured housing park having more than ten lots for rent shall reserve an area for child recreation according to the following schedule:

CHILD RECREATION
RESERVATION AREA

(g)

The recreation area shall be located so as to be free from hazards and provided with play equipment.

(h)

All new manufactured housing parks shall provide a storm shelter for the occupants. All existing manufactured housing parks (at the date of the adoption of the ordinance from which this chapter is derived) are encouraged to provide storm shelters.

(i)

The manufactured housing shelter shall be approved, after the submission of plans by the applicant, by the zoning administrator. The shelter shall be constructed below ground level as a concrete structure or other material approved by the city and provided with heavy metal doors. It shall be located so as to be accessible to the park residents in a central place with access to the shelter clearly marked.

(j)

Manufactured housing units shall be located so that there is at least a 20-foot clearance between manufactured houses; provided, however, with respect to manufactured houses parked end-to-end, the clearance shall not be less than ten feet. No manufactured housing unit shall be located less than ten feet from the front driveway.

(k)

No manufactured housing unit shall be located less than 25 feet from any property line of the manufactured housing park or from any community building within the park, including any washroom, toilet, laundry facilities, or office.

(l)

All manufactured housing spaces shall abut on an internal driveway that is not less than 24 feet in width; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 36 feet. Such driveways shall have unobstructed access to a public street or highway and shall have, as a minimum, a gravel surface or be paved and well maintained and lighted.

(m)

Manufactured housing parks containing more than 20 units shall provide each lot with a concrete pad for parking two vehicles separate from the road. The minimum pad size shall be 14 feet wide and 16 feet in depth. In parks containing less than 20 units, the parking space may be constructed of crushed rock finished to a depth of eight inches.

(n)

All roadways and walks within the manufactured housing park shall be hard surfaced and provided with night lighting using lamps spaced at intervals of not more than 100 feet.

(o)

All electrical distribution systems and telephone service systems to each manufactured housing space, except outlets and risers, is underground. Each manufactured housing space shall be provided with a 110-volt and 220-volt service with a minimum 100-ampere individual service outlet.

(p)

When master television antenna systems, including cable systems, are to be installed, the complete plans and specifications for the system must be submitted for approval. Distribution to individual manufactured housing spaces is underground and shall terminate adjacent to the electrical outlet.

(q)

Laundry facilities for the exclusive use of the manufactured housing occupants may be provided in a service building.

(r)

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured housing spaces within the park. Each manufactured housing space shall be provided with a cold-water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities.

(s)

All manufactured housing units within the M-P district shall be connected to an approved public water supply and an approved sanitary sewer system with at least a four-inch sewer connection to each manufactured housing unit. The sewer connection shall be provided with suitable fittings so that a watertight connection can be made between the manufactured housing drain and the sewer connection. Such individual unit connections shall be so constructed that they can be closed when not linked to a manufactured housing unit and shall be trapped in such a manner as to maintain them in an odor-free condition.

(t)

Each manufactured housing unit shall be secured by anchoring the superstructure against uplift, sliding, rotation, and overturning.

(u)

Outdoor laundry drying space of adequate area and suitable location shall be provided and indicated upon required plan.

(v)

The owner or operator shall include with the required plan the method of refuse collection and the location of refuse containers. Refuse and garbage handling methods shall meet the following minimum requirements:

(1)

Storage collection and disposal of refuse in a park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution.

(2)

All refuse shall be stored in flytight, watertight, rodentproof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(3)

Refuse racks shall be provided for all refuse containers. Such racks shall be designed as to prevent the containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

(4)

Refuse and garbage shall be removed from the park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers.

(5)

The park owner shall ensure that containers at all stands are emptied regularly and maintained in a useable sanitary condition.

(6)

If only independent manufactured housing spaces are to be provided, no service building will be required; however, when such service building is required, it shall comply with the following regulations:

a.

Be located 20 feet or more from any manufactured housing unit.

b.

Be adequately lighted.

c.

Have the interior finished with moisture-resistant material to permit frequent washing and cleaning.

d.

Provide at least one lavatory, water closet, and shower for each sex; one laundry tray, one floor drain, and hot and cold water.

e.

Have adequate heating facilities for the building and equipment, which will furnish an ample supply of heated water during time of peak demands.

f.

Have all rooms well ventilated with all openings effectively screened.

(w)

When liquefied petroleum gas is used in a manufactured home park, containers for such gas shall not hold more than 25 gallons water capacity, shall be the liquefied petroleum gas containers approved by the federal commerce commission for its intended purposes, and shall be attached to the manufactured home in a manner approved by the Liquefied Petroleum Gas Association.

(x)

A solid or semi-solid fence or wall, minimum six feet, maximum eight feet high, shall be provided between the manufactured home park district and any adjoining property or property immediately across the alley which is zoned for residential purposes other than for manufactured homes. The fence shall be so located as defined by this regulation. In lieu of the fence or wall, a landscape buffer may be provided not less than 15 feet in width, and the landscape buffer shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for a manufactured home space. The fence, wall, or landscape buffer shall be properly policed and maintained by the owner.

(y)

The owner or operator shall include with the required plan a budget for financing the proposed improvements.

(Ord. No. 1740, art. XV, § 4, 11-28-2006)

(a)

The applicant for a manufactured housing park shall prepare or cause to be prepared an application for rezoning and a development plan and shall present ten copies of the plan for review by the planning commission. The development plan shall show topography and the location and size of:

(1)

Manufactured housing sites.

(2)

Service buildings.

(3)

Off-street parking areas.

(4)

Electrical outlets.

(5)

Sewer outlets.

(6)

Water outlets.

(7)

Water lines.

(8)

Sewer lines.

(9)

Recreational areas.

(10)

Landscaped areas and walls or fences.

(11)

Roadways.

(12)

Sidewalks.

(b)

Following a rezoning hearing, as required by law and preliminary approval of the development plan, the planning commission shall submit the plan together with a record of the hearing, plus its formal recommendations to the city council for final approval.

(c)

When final approvals have been obtained, the zoning administrator shall issue a permit to operate the manufactured housing park.

(d)

Upon the issuance of the permit for a mobile home park or court, the city shall have the authority to have the manufactured home inspected by the proper inspecting officer of the city, and if it shall be found that the holder of the permit has made any false or misleading statements in his application or has placed or caused to be placed more manufactured homes in the manufactured home park or court than provided for and set forth in the application for permit, or that the holder of the permit has violated or caused to be violated any provision of this article, the city council shall have the power to revoke the permit.

(e)

If the city shall determine upon proper inspection by the inspecting officer of the city, that the sanitary condition of the manufactured home park shall have become so unsanitary as to endanger health or welfare of occupants of the manufactured home park or the surrounding community, or that the sanitary facilities have become inadequate to properly protect the occupants of the manufactured park, the city council shall have the power to require the holder of the manufactured home park permit, within ten days, to set the manufactured home park in proper sanitary condition. If, upon notice from the city to the holder of the permit, the owner or manager of the manufactured home park shall fail or refuse to place the park or court in sanitary condition, the city council shall have the right to revoke the permit.

(f)

When a property zoned M-P ceases to be used for such purposes for a period of one year, the planning commission shall initiate action and hold a public hearing to rezone the property back to its former zoning district classification.

(g)

After the effective date of the ordinance from which this chapter is derived, no new manufactured housing park may be operated and no existing park expanded, except in accordance with this chapter and under permit from the zoning administrator.

(Ord. No. 1740, art. XV, § 5, 11-28-2006)

The C-S Highway Service District is intended for the purpose of grouping limited highway services in appropriate areas. Floor area is restricted, off-street parking, and landscaping is required in order to reduce possible adverse effects on adjacent properties.

(Ord. No. 1740, art. XVI, § 1, 11-28-2006)

In the C-S district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses in section 40-348.

(Ord. No. 1740, art. XVI, § 2, 11-28-2006)

(a)

Ambulance services.

(b)

Animal hospitals or clinics.

(c)

Apartments on floors other than the ground floor.

(d)

Automobile, truck and other motor vehicle sales, service, repair and rental.

(e)

Bakery and pastry shops, retail.

(f)

Bed and breakfast establishments.

(g)

Boat sales and rental.

(h)

Building materials, and retail sales.

(i)

Commercial recreation facilities.

(j)

Car washes.

(k)

Electrical and telephone substations.

(l)

Farm and construction equipment sales; outdoor display shall be permitted, provided that no machinery shall be displayed, parked, or stored in any required yard.

(m)

Feed and seed stores, including garden and lawn supplies.

(n)

Florist shops.

(o)

Funeral homes.

(p)

Garden supplies and landscape nursery.

(q)

Grocery stores.

(r)

Hospitals and medical clinics.

(s)

Liquor stores.

(t)

Lumberyards.

(u)

Motels or motor hotels.

(v)

Newsstands.

(w)

Parking lots, customer and private.

(x)

Parks, playgrounds, and community buildings.

(y)

Private clubs, fraternities, sororities, and lodges.

(z)

Restaurants and drive-ins.

(aa)

Self-service laundries and dry-cleaning stores.

(bb)

Self-storage facilities.

(cc)

Service stations.

(dd)

Taverns.

(ee)

Truck sales, service, and repair, provided there is no outside repair or repair storage.

(ff)

Truck terminals.

(gg)

Theaters, indoor.

(hh)

The following uses of land may be allowed in this district by conditional use permit when submitted, reviewed, and approved by the planning commission and city council:

(1)

Amusement parks.

(2)

State-licensed childcare centers.

(3)

Collection and distribution of recyclable items.

(4)

Drive-in theaters.

(5)

Manufactured home sales, subject to the following regulations:

a.

Sales activities. In the C-S Highway Service District, manufactured home sales activities shall be limited to the display, storage, and sale of completed, undamaged manufactured home units, including all activities necessary to prepare the units for display on the property and transport off the property. The activities shall include the placement or removal of towing equipment, tires and axles, blocks, skids, jacks, skirting and steps, and the connection and disconnection of utilities. The activities shall not include construction on or in the manufactured home.

b.

Density. No more than eight manufactured homes may exist on each acre of property used for manufactured home sales at any given time.

(6)

Miniature golf courses.

(7)

Racetracks, animal or vehicular.

(8)

Wireless communications towers are subject to the provisions of section 40-695.

(9)

Recreational vehicle (RV) parks are subject to the applicable provisions of the city mobile home code and to the following conditions:

a.

Recreational vehicle (RV) parks shall be utilized for the accommodation of travel trailers and other recreational vehicles only, and under no circumstances shall the park be utilized for occupancy by manufactured homes.

b.

The tract to be used for an RV park shall not be less than two acres in area.

c.

The applicant for an RV park shall prepare or cause to be prepared a preliminary plan, drawn to a scale of not less than one inch equals 100 feet, and ten copies of the plan shall be submitted to the planning commission for their review and recommendation. Such plans shall comply with the following minimum requirements:

1.

Contours at intervals of one foot shall be indicated on the plan.

2.

The RV park shall be located on a well-drained site, properly graded to ensure rain drainage and freedom from stagnant pools of water.

3.

RV parks shall have a maximum density of 20 RV units per gross acre and a minimum area of 1,250 square feet shall be provided for each RV space.

4.

Each RV space shall be at least 25 feet wide and a minimum of 50 feet in depth.

5.

Recreational vehicles shall be located on each space so as to maintain a setback of no less than 20 feet from any public street or highway right-of-way, and as to maintain a setback of no less than five feet from any boundary line of an adjoining RV space when such boundary line is not common to any public street or highway right-of-way.

6.

All RV spaces shall front on a private roadway of not less than 24 feet in width and all roadways shall have unobstructed access to a public street.

7.

A solid or semi-solid fence or wall at least six feet height, but not more than eight feet high, shall be provided between the RV park and any adjoining property which is zoned for residential purposes. The fence shall be so located as to not be in violation of the intersection site triangle as defined by this regulation. In lieu of the fence or wall, a landscape buffer may be provided not less than 15 feet in width and the landscape buffer shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used in lieu of the fence or wall, the landscape buffer shall not be included as any part of a required rear yard for an RV space. The fence, wall or landscape buffer shall be properly policed and maintained by the owner.

d.

Upon approval of the preliminary RV park plan by the planning commission, the applicant shall prepare and submit a final plan, which shall incorporate any changes or alterations requested. The final plan and the planning commission recommendation shall be forwarded to the city council for their review and final action.

e.

Any substantial deviation, as determined by the zoning administrator, from the administrator, from the approved plan, shall constitute a violation of the building or zoning permit-authorizing construction of the project. Changes in plans shall be re-submitted for reconsideration and approval by the planning commission and city council prior to the issuance of a building or zoning permit.

(Ord. No. 1740, art. XVI, § 3, 11-28-2006; Ord. No. 2041, § 3, 7-3-2023)

(a)

When the lot will be served by public water and sewer, the minimum lot size shall be 7,500 square feet with 50 feet minimum width.

(b)

When a private water and sewer service will be provided on the lot, the minimum lot size shall be two acres.

(Ord. No. 1740, art. XVI, § 4, 11-28-2006)

The principal and accessory buildings shall not cover more than 50 percent of the lot area.

(Ord. No. 1740, art. XVI, § 5, 11-28-2006)

No building or structure shall exceed 45 feet in height.

(Ord. No. 1740, art. XVI, § 6, 11-28-2006)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as required for arterial streets and collector streets in article VIII of this chapter.

(2)

When a lot has double frontage or is a corner lot, a front yard shall be provided on both streets. No accessory buildings or structures shall project beyond the setback line of either street.

(b)

Side yard. When a C-S zone abuts any residential district zone, a side yard of not less than 15 feet shall be provided. Such side yard shall be completely enclosed with a board fence or other acceptable enclosure, which shall be not less than six feet in height.

(c)

Rear yard. There shall be a rear yard having a depth of not less than ten feet.

(Ord. No. 1740, art. XVI, § 7, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XVI, § 8, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XVI, § 9, 11-28-2006)

See article V of this chapter.

(Ord. No. 1740, art. XVI, § 10, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XVI, § 11, 11-28-2006)

The C-1 Central Business District is intended for the purpose of grouping retail merchandising activities into a concentrated area serving the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the economic level of the primary shopping district.

(Ord. No. 1740, art. XVII, § 1, 11-28-2006)

In the C-1 district, no building shall be used and no building or structure altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in section 40-388.

(Ord. No. 1740, art. XVII, § 2, 11-28-2006)

(a)

Adding machine and other small business machine repair, sales, and services.

(b)

Ambulance service.

(c)

Amusement places.

(d)

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

(e)

Apartments or individual dwelling units on floors other than the ground floor, or on the alley side of the lot.

(f)

Apparel and accessory stores.

(g)

Appliance stores.

(h)

Art and art supply stores.

(i)

Artist studios.

(j)

Auditoriums and similar places of public assembly.

(k)

Automobile accessory and supply store.

(l)

Automobile, truck and other motor vehicle sales and rental.

(m)

Automobile parking lots and garages.

(n)

Bakery and pastry shops (retail only).

(o)

Banks and other savings and lending institutions.

(p)

Barbershops, beauty shops and chiropody, massage, or similar personal services.

(q)

Bicycle shops.

(r)

Boat sales and rental.

(s)

Books and stationary stores.

(t)

Bowling centers and recreational buildings.

(u)

Building materials, retail sales.

(v)

Business and technical schools, including schools for photography, dancing, and music.

(w)

Business machine sales, repair and service.

(x)

Catalog stores.

(y)

Churches.

(z)

Cigar and tobacco stores.

(aa)

Clothing and costume rental shops.

(bb)

Clothing stores.

(cc)

Commercial recreational uses.

(dd)

Custom dressmaking, millinery, tailoring, and similar trades.

(ee)

Day care centers.

(ff)

Delicatessens and catering establishments.

(gg)

Department stores.

(hh)

Drug stores and prescription shops.

(ii)

Dry-cleaning and laundry establishments.

(jj)

Dry goods and notion store, including coin shops and fabric shops.

(kk)

Electronic appliances and equipment, including computer and software service.

(ll)

Farm and construction equipment, retail sales.

(mm)

Fire stations, police stations, jails.

(nn)

Fix-it shops (radio, television, and small household appliances).

(oo)

Florist and gift shops.

(pp)

Frozen food lockers of not more than 10,000 square feet in floor area.

(qq)

Funeral homes.

(rr)

Furniture and home furnishing stores.

(ss)

Garage and auto repair shops, but not including auto body and fender work and auto painting.

(tt)

Garden supplies and landscape nursery.

(uu)

Government buildings.

(vv)

Grocery, fruit, and vegetable stores (retail only).

(ww)

Gun shops.

(xx)

Hardware stores.

(yy)

Heating and air conditioning shops, provided all merchandise is located in a building.

(zz)

Hobby, stamp, and coin shops.

(aaa)

Hotels and motels.

(bbb)

Household appliance stores.

(ccc)

Interior decorator shops.

(ddd)

Jewelry and metal craft stores and shops.

(eee)

Leather goods and luggage stores.

(fff)

Libraries and museums (public).

(ggg)

Liquor stores.

(hhh)

Lock and key shops.

(iii)

Mail order catalog stores.

(jjj)

Medical, dental, and health clinics.

(kkk)

Medical and orthopedic appliance stores.

(lll)

Meeting halls and auditoriums.

(mmm)

Messenger and telegraph service stations.

(nnn)

Milk and milk products distribution stations.

(ooo)

Manufactured housing and recreational vehicle sales.

(ppp)

Museums.

(qqq)

Music instrument sales and repair shops.

(rrr)

Music stores and studios.

(sss)

Newspaper offices, printing and printing supply sales and service.

(ttt)

Newsstands.

(uuu)

Offices and office buildings.

(vvv)

Office supply and office equipment sales and service stores.

(www)

Optician and optometrist shops.

(xxx)

Paint, wallpaper and glass stores.

(yyy)

Parking lots and garages.

(zzz)

Parks and open spaces.

(aaaa)

Pawnshops.

(bbbb)

Pet shops.

(cccc)

Photographic equipment sales and supply stores.

(dddd)

Photographic studios.

(eeee)

Picture framing shops.

(ffff)

Prescription shops.

(gggg)

Printing and publishing houses, including newspapers.

(hhhh)

Private clubs, fraternities, sororities and lodges.

(iiii)

Public buildings, including post office, city offices, county offices, state offices.

(jjjj)

Radio and television studios.

(kkkk)

Railway, taxi, and bus passenger stations.

(llll)

Restaurants and snack shops, excluding drive-ins.

(mmmm)

Service stations.

(nnnn)

Sewing machine sales and repair.

(oooo)

Shoe repair and shoeshine shops.

(pppp)

Shoe stores.

(qqqq)

Sporting and athletic goods stores.

(rrrr)

Stores and shops for the conduct of retail business similar to the uses listed in this section.

(ssss)

Tailor shops.

(tttt)

Taverns.

(uuuu)

Television and radio sales and service.

(vvvv)

Theaters.

(wwww)

Toy stores.

(xxxx)

Travel bureaus.

(yyyy)

Used car lots.

(zzzz)

Upholstery shops of not more than 10,000 square feet of floor area.

(aaaaa)

Utility company offices.

(bbbbb)

Variety stores.

(ccccc)

Wallpaper and paint stores.

(ddddd)

Watch and watch repair shops.

(eeeee)

Accessory uses customarily incidental to the above uses.

(fffff)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such conditions as they may impose:

(1)

Motor vehicle repair service, provided that all work shall be performed, and all materials shall be stored within an enclosed building and, provided further, that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of eight feet and a visual density of no less than 90 percent.

(2)

Motor vehicle body shop, provided that all work shall be performed, and all materials shall be stored within an enclosed building and, provided further, that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of eight feet and a visual density of no less than 90 percent.

(3)

Carpenter, cabinet, plumbing, or sheet metal shops, provided that any outside storage is completely enclosed by an eight-foot, sight-obscuring fence.

(4)

Contractor's office and equipment storage yard, provided that outside storage of equipment or materials is completely enclosed by an eight-foot, sight-obscuring fence.

(5)

Storage and warehousing, except for products of a highly explosive, combustible or volatile nature.

(6)

Wholesale establishments, except those, which handle products of a highly explosive, combustible or volatile nature.

(7)

Retail lumberyards, providing all materials and equipment are stored in a completely enclosed building or are screened by a minimum eight-foot-high solid fence.

(8)

Collection and distribution of recyclable items.

(9)

Wireless communications towers subject to the requirements of section 40-695.

(Ord. No. 1740, art. XVII, § 3, 11-28-2006)

No requirements, except those to meet fire regulations.

(Ord. No. 1740, art. XVII, § 4, 11-28-2006)

No building shall exceed 60 feet in height, except as otherwise provided in the additional height, area, and use regulations of this chapter.

(Ord. No. 1740, art. XVII, § 5, 11-28-2006)

(a)

Front yard. No front yard is required for any building in the C-1 Central Business District.

(b)

Side yard. No side yard is required for any building in the C-1 Central Business District, except where a lot sides on any residential district, in which case there shall be a ten-foot side yard.

(c)

Rear yard. No rear yard is required for any building in the C-1 Central Business District, except where a lot abuts on a residential district, in which case there shall be a 15-foot rear yard.

(Ord. No. 1740, art. XVII, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XVII, § 7, 11-28-2006)

None required.

(Ord. No. 1740, art. XVII, § 8, 11-28-2006)

None required.

(Ord. No. 1740, art. XVII, § 9, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XVII, § 10, 11-28-2006)

(a)

The C-2 General Commercial District is intended for the purpose of allowing basic retail, service, and office uses in locations outside the central business district.

(b)

This district is intended to provide locations for commercial activities that do not need a central location but do require a location easily accessible to downtown shoppers.

(c)

Business uses needing large floor areas, particularly those not compatible with central business district densities, are included in this district.

(Ord. No. 1740, art. XVIII, § 1, 11-28-2006)

In the C-2 district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-421.

(Ord. No. 1740, art. XVIII, § 2, 11-28-2006)

(a)

Accessory uses.

(b)

Amusement places (indoors).

(c)

Animal hospitals, clinics and kennels providing the establishment and runs are completely enclosed in a building.

(d)

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

(e)

Apparel and accessory stores.

(f)

Apartments on floors other than the ground floor.

(g)

Armories.

(h)

Art and art supply stores.

(i)

Artist studios.

(j)

Auditoriums and similar places of public assembly.

(k)

Automobile accessory and supply stores.

(l)

Automobile and mobile home sales and service.

(m)

Automobile parking lots and garages.

(n)

Bakery and pastry shops (retail only).

(o)

Banks and other savings and lending institutions.

(p)

Barbershops, beauty shops, chiropody, massage or similar personal services.

(q)

Bicycle shops.

(r)

Books and stationary stores.

(s)

Bowling alleys.

(t)

Business and technical schools, including schools for photography, dancing and music.

(u)

Business machine repair, sales and service, including computers and related equipment.

(v)

Carpenter and cabinet shops employing five persons or less.

(w)

Car washes.

(x)

Cigar and tobacco stores.

(y)

Churches and other similar places of worship.

(z)

Clothing and costume rentals.

(aa)

Commercial recreation centers.

(bb)

Computer and electronic stores.

(cc)

Custom dressmaking, millinery, tailoring and similar trades.

(dd)

Delicatessens and catering establishments.

(ee)

Department stores.

(ff)

Drug stores and prescription shops.

(gg)

Dry goods and notion stores.

(hh)

Dry-cleaning and laundry establishments.

(ii)

Fire stations, police stations and jails.

(jj)

Fix-it shops (radio, television and small electronic appliances).

(kk)

Florist and gift shops.

(ll)

Funeral homes and mortuaries.

(mm)

Furniture and home furnishing stores.

(nn)

Golf courses, including miniature golf and driving tees.

(oo)

Government administrative buildings.

(pp)

Greenhouses, garden centers and nurseries.

(qq)

Grocery stores.

(rr)

Gun shops.

(ss)

Hardware stores.

(tt)

Hobby, stamp and coin shops.

(uu)

Hotels and motels.

(vv)

Household appliance stores.

(ww)

Interior decorator's shops.

(xx)

Jewelry and metal craft stores and shops.

(yy)

Leather goods and luggage stores.

(zz)

Library and museum (public).

(aaa)

Liquor stores.

(bbb)

Lock and key shops.

(ccc)

Lumber and building supply stores.

(ddd)

Mail order catalog stores.

(eee)

Medical, dental and health clinic.

(fff)

Medical and orthopedic appliance stores.

(ggg)

Meeting halls and auditoriums.

(hhh)

Messenger and telegraph service stations.

(iii)

Music instrument sales and repair shops.

(jjj)

Music studios.

(kkk)

Newspaper offices.

(lll)

Newsprint, job printing and printing supply stores.

(mmm)

Offices and office buildings.

(nnn)

Office supply and office equipment stores.

(ooo)

Optician and optometrists.

(ppp)

Package liquor stores.

(qqq)

Paint and wallpaper stores.

(rrr)

Parking lots and garages.

(sss)

Parks and open spaces.

(ttt)

Pawnshops.

(uuu)

Pet shops.

(vvv)

Photographic equipment sales and supply stores.

(www)

Photographic studios.

(xxx)

Picture framing shops.

(yyy)

Plumbing shops.

(zzz)

Post office.

(aaaa)

Printers.

(bbbb)

Private clubs and lodges.

(cccc)

Radio and television studios.

(dddd)

Restaurants, including drive-ins.

(eeee)

Service stations.

(ffff)

Self-service laundries and dry-cleaning establishments.

(gggg)

Sewing machine shops and stores.

(hhhh)

Shoe stores.

(iiii)

Shoe repair shops.

(jjjj)

Sporting and athletic goods stores.

(kkkk)

Stores and shops for the conduct of retail business similar to the uses listed in this section.

(llll)

Tailor shops.

(mmmm)

Taverns.

(nnnn)

Theaters.

(oooo)

Tire repair shops.

(pppp)

Toy stores.

(qqqq)

Travel bureaus.

(rrrr)

Used car lots.

(ssss)

Utility company offices.

(tttt)

Variety stores.

(uuuu)

Watch repair shops.

(vvvv)

The following uses may be allowed by conditional use permit when submitted, reviewed, and approved by the planning commission and city council, and under such condition as they may impose:

(1)

All conditional uses allowed in the C-1 district.

(2)

Any public building erected on land used by any department of the city, county, state or federal government.

(3)

Public utility—Telephone exchange, electric substation, radio and television towers, water, sewers or storm sewer facilities, a natural, piped gas operating under government franchise and contract.

(4)

Carpenter, cabinet, plumbing, or sheet metal shops, provided that any outside storage is completely enclosed by an eight-foot, sight-obscuring fence.

(5)

Contractor's office and equipment storage yard, provided that outside storage of equipment or materials is complete enclosed by an eight-foot, sight-obscuring fence.

(Ord. No. 1740, art. XVIII, § 3, 11-28-2006)

A tract used for other than residential purposes shall be not less than 2,500 square feet in area with an average width of not less than 25 feet. A minimum of 1,500 square feet of lot area shall be required for each apartment built above ground floor.

(Ord. No. 1740, art. XVIII, § 4, 11-28-2006)

No building in a C-2 district shall exceed 45 feet, except as provided in the additional height, area, and use regulations of this chapter.

(Ord. No. 1740, art. XVIII, § 5, 11-28-2006)

(a)

Front yard. There shall be a front yard having a depth of not less than 25 feet, except as required for arterial streets and collector streets in article VIII of this chapter.

(1)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(2)

When a lot is located at the intersection of two or more streets or roads, there shall be a front yard on each street side of a corner lot.

(b)

Side yard. When the C-2 district abuts a residential district, there shall be a side yard of not less than five feet.

(c)

Rear yard. There shall be a rear yard of not less than ten feet.

(Ord. No. 1740, art. XVIII, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XVIII, § 7, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XVIII, § 8, 11-28-2006)

See article V of this chapter.

(Ord. No. 1740, art. XVIII, § 9, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XVIII, § 10, 11-28-2006)

It is the intent and purpose of the C-3 Adult Entertainment District to regulate adult entertainment establishments which by their nature are well known to produce deleterious effects to adjacent development and serious secondary negative impacts to juveniles, especially where such uses are clustered. Special regulations of such uses are therefore necessary to ensure that these and other adverse secondary effects will not impact residential neighborhoods, public and quasi-public institutions or facilities serving the youth of the community.

(Ord. No. 1740, art. XIX, § 1, 11-28-2006)

In the C-3 district, no building shall be used, and no building shall be erected, altered or enlarged which is arranged, intended or designed for other than adult entertainment uses listed in section 40-457.

(Ord. No. 1740, art. XIX, § 2, 11-28-2006)

(a)

Escort agencies.

(b)

Adult book or video stores.

(c)

Adult entertainment establishments, including bars, cabarets, massage parlors, live theaters, motion picture theaters, and other sexually oriented entertainment businesses.

(d)

Adult novelty stores.

(Ord. No. 1740, art. XIX, § 3, 11-28-2006)

All lots and tracts shall have not less than 7,000 square feet in area with an average width of not less than 50 feet.

(Ord. No. 1740, art. XIX, § 4, 11-28-2006)

No building in a C-3 district shall exceed 35 feet in height, except as may be otherwise provided by the regulations.

(Ord. No. 1740, art. XIX, § 5, 11-28-2006)

(a)

Front yard. There shall be a front yard having a depth of not less than 25 feet, except as may be required for arterial streets and collector streets.

(1)

When a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

(2)

When a lot is located at the intersection of two or more streets or roads, there shall be a front yard on each street side of a corner lot.

(b)

Side yard. There shall be a side yard on each side of a building, and no side yard shall be less than ten feet.

(c)

Rear yard. There shall be a rear yard of not less than 25 feet.

(Ord. No. 1740, art. XIX, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XIX, § 7, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XIX, § 8, 11-28-2006)

See article V of this chapter.

(Ord. No. 1740, art. XIX, § 9, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XIX, § 10, 11-28-2006)

(a)

No adult entertainment use, escort agencies, adult book or video store, or adult novelty store shall be conducted in any manner:

(1)

To allow the merchandise or activities of the establishment to be visible from any point outside of the building or structure containing such use.

(2)

That permits the observation of any material depicting, describing or relating to sexual activities from any point outside of the building or structure containing such use.

(b)

The provisions of subsections (a)(1) and (2) of this section shall apply to any display, decoration, sign, window or other opening.

(c)

No adult use as set out in section 40-457 shall be allowed within 1,000 feet of another existing adult use.

(d)

No adult use as set out in section 40-457 shall be located within 1,000 feet of any zoning district which allows residential uses or within 1,000 feet of any residence.

(e)

No adult use as set out in section 40-457 shall be located within 1,000 feet of a pre-existing church or place of worship, day care facility, park, educational institution, library, museum, community center, playground or swimming pool.

(f)

For purposes of sections 40-457, 40-458 and 40-459, measurements shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest point on the property line of the applicant's adult entertainment use to the nearest point on the property line of the church, etc.

(g)

No more than one such use shall be conducted within any building or structure containing an adult use.

(h)

No permitted adult-oriented business as defined herein shall be operated between the hours of 8:00 p.m. and 8:00 a.m.

(Ord. No. 1740, art. XIX, § 11, 11-28-2006)

The I-1 Light Industrial District is intended for the purpose of allowing certain industrial uses which do not:

(1)

Require intensive land coverage.

(2)

Generate large volumes of vehicular traffic.

(3)

Create obnoxious sounds, glare, dust, or odor.

Height and land coverage are controlled to ensure compatibility with adjoining uses.

(Ord. No. 1740, art. XX, § 1, 11-28-2006)

In the I-1 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-486.

(Ord. No. 1740, art. XX, § 2, 11-28-2006)

(a)

Animal hospitals or clinics.

(b)

Auto sales and repair establishments.

(c)

Bakeries, whose primary purpose is a not retail sale.

(d)

Billboards subject to requirements outlined in article III of this chapter.

(e)

Bottling works.

(f)

Building material sales (except for ready-mix concrete and similar uses which emit dust, odor, or smoke).

(g)

Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.

(h)

Car wash establishments.

(i)

Carpenter, cabinet, plumbing or sheet metal shops.

(j)

Contractor's office and equipment storage yard, providing the storage yard is completely enclosed with a six-foot solid fence or wall.

(k)

Dog kennels.

(l)

Dry-cleaning or laundry plants.

(m)

Farm and construction equipment sales and services.

(n)

Feed and seed storage and wholesale distribution.

(o)

Frozen food lockers.

(p)

Greenhouses and nurseries, retail and wholesale.

(q)

Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emission of dust, fumes, gas, odor, or smoke.

(r)

Machinery sales and storage lots.

(s)

Monument sales.

(t)

Motor vehicle body shop, provided that all work shall be performed, and all materials shall be stored within an enclosed building and, provided further, that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 90 percent.

(u)

Motor vehicle repair service, provided that all work shall be performed, and all materials shall be stored within an enclosed building and, provided further, that all operable or inoperable motor vehicles determined by the building official to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six feet and a visual density of no less than 90 percent.

(v)

Motor vehicle and farm implement sales and storage.

(w)

Public utility and public service uses:

(1)

Municipal power plants.

(2)

Substations.

(3)

Railroads.

(4)

Telephone exchanges, microwave towers, radio towers, television towers, telephone transmission buildings, electric power plants.

(5)

Public utility storage yards when the entire storage area is enclosed by at least a six-foot wall or fence.

(x)

Collection and distribution of recyclable items.

(y)

Self-storage facilities.

(z)

Sign printing and manufacturing establishments.

(aa)

Truck and rail terminals.

(bb)

Upholstering shops.

(cc)

Warehouses.

(dd)

Wholesale merchandise sales and storage.

(ee)

The following uses of land may be allowed in this district by conditional use permit when submitted, reviewed, and approved by the planning commission and city council subject to such conditions as they may require:

(1)

Livestock auction sales or sales of farm-related products, including seed and feed.

(2)

Grain elevators.

(3)

Wireless communications towers are subject to the provisions of section 40-695.

(4)

Wholesale and storage of products of a volatile nature such as anhydrous and similar products.

(Ord. No. 1740, art. XX, § 3, 11-28-2006; Ord. No. 2041, § 5, 7-3-2023)

(a)

Lots in this district shall be subject to the following minimum size requirements:

(1)

Minimum lot size shall be 7,500 square feet.

(2)

Minimum lot width shall be 50 feet.

(b)

A building, structure, or use allowed in this district may occupy all of the lot, except for that area required for off-street parking and off-street loading and unloading and their access roads and as required for arterial or collector streets in article VIII of this chapter.

(c)

In the case where the required off-street parking or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot, except as required for arterial or collector streets in article VIII of this chapter.

(Ord. No. 1740, art. XX, § 4, 11-28-2006)

(a)

When a building or structure is within 150 feet of a residential district zone, the building or structure shall not exceed 45 feet in height.

(b)

When a building or structure is more than 150 feet from a residential district zone, the building structure shall not exceed 75 feet in height.

(Ord. No. 1740, art. XX, § 5, 11-28-2006)

(a)

Front yard.

(1)

No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot has double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

(4)

No accessory building shall project beyond the front yard line on either street.

(b)

Side yard. There shall be a side yard on each side of each building and the side yard shall not be less than the average height of adjacent buildings. The required side yards for the lot or tract shall be 30 feet.

(c)

Rear yard. There shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.

(Ord. No. 1740, art. XX, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XX, § 7, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XX, § 8, 11-28-2006)

See article V of this chapter.

(Ord. No. 1740, art. XX, § 9, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XX, § 10, 11-28-2006)

The I-2 Heavy Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

(Ord. No. 1740, art. XXI, § 1, 11-28-2006)

In the I-2 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in section 40-527.

(Ord. No. 1740, art. XXI, § 2, 11-28-2006)

(a)

Animal hospitals or clinics.

(b)

Auto sales, and repair, service, and painting.

(c)

Bottling works.

(d)

Blacksmith shops.

(e)

Building materials, storage and sales.

(f)

Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.

(g)

Collection and distribution of recyclable items.

(h)

Contractor's office and equipment storage yard.

(i)

Dog kennels.

(j)

Dry-cleaning or laundry plants.

(k)

Feed and seed stores.

(l)

Frozen food lockers.

(m)

Grain elevators.

(n)

Greenhouses and nurseries, retail and wholesale.

(o)

Lumberyards.

(p)

Machinery sales and storage lots.

(q)

Manufactured home fabrication, sales and storage.

(r)

Manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(s)

Motor vehicle and farm implement sales and storage.

(t)

Poultry storage or slaughtering.

(u)

Public utility and public service uses.

(v)

Radiator repair shops.

(w)

Service stations.

(x)

Storage yards, providing the storage yard is completely enclosed with a six-foot fence or wall.

(y)

Truck and rail terminals.

(z)

Upholstering shops.

(aa)

Vehicle body repair, provided all repair operations are conducted in a closed building, and that all outside storage shall be enclosed by a six-foot solid fence.

(bb)

Warehouses or storage houses.

(cc)

Wholesale houses.

(dd)

The following uses of land may be allowed in this district by conditional use permit when submitted, reviewed, and approved by the planning commission and city council and subject to such conditions as they may require:

(1)

Automobile wrecking yards, junkyards, and scrap processing yards, subject to the following requirements:

a.

Such use shall be located on a tract of land at least 300 feet from a residential district zone.

b.

The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall, or hedge. The fence, wall, or hedge shall be of uniform height, at least six feet high, and uniform texture and color and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk, or other material within the yard.

c.

No junk shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the enclosing building, hedge, fence or wall, or within the public right-of-way.

d.

Burning of paper, trash, junk, or other waste materials shall be permitted only after approval of the fire department. The burning, when permitted, shall be done during daylight hours only.

e.

No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.

f.

The use shall not be located on or visible from an arterial or major street or highway.

(2)

Manufacturing or storage of bulk oil, gas and explosives.

(3)

Oil and gas exploration, extraction or production.

(4)

Storage and warehousing of products of a highly explosive, combustible or volatile nature.

(5)

Mining or extraction of minerals.

(6)

Wholesale and retail establishments which handle products of a highly explosive, combustible or volatile nature.

(7)

Petroleum refining.

(8)

Stockyard and slaughterhouses.

(9)

Ready-mix concrete and asphalt mix plants.

(10)

Sanitary landfill.

(11)

Storage, warehousing and sale of bulk fertilizers.

(12)

Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or vibration.

(Ord. No. 1740, art. XXI, § 3, 11-28-2006)

(a)

Lots in this district shall be subject to the following minimum size requirements unless served by a public water and sewer system:

(1)

Minimum lot area shall be 7,500 square feet.

(2)

Minimum lot width shall be 50 feet.

(b)

A building, structure, or use allowed in this district may occupy all of the lot, except for that area required for off-street parking and off-street loading and unloading and their access roads and as required for arterial or collector streets in article VIII of this chapter.

(c)

In the case where the required off-street parking or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot, except as required for arterial or collector streets in article VIII of this chapter.

(Ord. No. 1740, art. XXI, § 4, 11-28-2006)

(a)

When a building or structure is within 150 feet of a residential district zone, the building or structure shall not exceed 60 feet in height.

(b)

When a building or structure is more than 150 feet from a residential district zone, the building structure shall not exceed 150 feet in height if not in conflict with airport approach zones.

(Ord. No. 1740, art. XXI, § 5, 11-28-2006)

(a)

Front yard.

(1)

No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line, except as required for arterial and collector streets in article VIII of this chapter.

(2)

When a lot has double frontage, the required front yard shall be provided on both streets.

(3)

When a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than 28 feet, except where necessary to provide a yard on the side street not less than five feet in width.

(4)

No accessory building shall project beyond the front yard line on either street.

(b)

Side yard. There shall be a side yard on each side of a building and the side yard shall not be less than the average height of adjacent buildings. For the lot or tract, side yard requirements shall be eight feet.

(c)

Rear yard. There shall be a rear yard for buildings in this district, which rear yard shall have a depth of not less than ten feet or 20 percent of the depth of the lot, whichever is the smaller.

(Ord. No. 1740, art. XXI, § 6, 11-28-2006)

See article III of this chapter.

(Ord. No. 1740, art. XXI, § 7, 11-28-2006)

See article IV of this chapter.

(Ord. No. 1740, art. XXI, § 8, 11-28-2006)

See article V of this chapter.

(Ord. No. 1740, art. XXI, § 9, 11-28-2006)

See section 40-9.

(Ord. No. 1740, art. XXI, § 10, 11-28-2006)