This article sets forth uses that are allowed in residential districts. If a use is not shown as a permitted, conditional or accessory use, it shall not be permitted.

(Code 2003, § 36-211)

The R-A Single-Family Agricultural District is intended to provide a district which will allow suitable areas of the city to be retained and utilized by low density residential, open space and/or agricultural uses, prevent rapid urbanization and provide economy in public expenditures for public utilities and service.

(Code 1984, § 375:54(1); Code 2003, § 36-231)

The following are permitted uses in an R-A district:

(1)

Farming and agricultural related buildings and structures subject to state pollution control standards, but not including commercial feedlots or other commercial operations.

(2)

Public parks, recreational areas, wildlife areas and game refuges.

(3)

Horticultural nurseries and tree farms and integral agricultural related buildings and structures, subject to state pollution control standards, not including, however, an operation which would be contrary to the uses defined herein as agricultural uses.

(4)

Single-family dwellings.

(5)

Essential services.

(6)

Residential facilities of six or fewer persons per facility, provided that any such facility shall not be located within 1,320 feet (or 300 feet in the case of a residential facility for the mentally retarded or physically disabled) of an existing similar facility unless a conditional use permit is first obtained as provided in article II, division 4 of this chapter.

(7)

Day care facilities of ten or fewer persons per facility, provided that:

a.

No overnight facilities shall be provided for children served, and the children must be delivered and removed daily.

b.

The front yard depth shall meet the minimum in the respective district.

c.

Adequate off-street parking and access must be provided in compliance with article IX of this chapter, including a turnaround driveway.

d.

Adequate off-street loading and service entrances must be provided in compliance with article IX of this chapter.

e.

The site and related parking and service shall be by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

f.

All signing and informational or visual communication devices shall be in compliance with section 36-11.

g.

An outdoor, individually owned, fenced play area, not to be located in the front yard, of a minimum size of 600 square feet, or, in the alternative, 60 square feet per child, whichever is the greater figure, must be a part of the facility. The fence shall be provided in compliance with article VIII of this chapter and section 36-7.

h.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130 as adopted, amended, and/or changed, must be satisfactorily met.

i.

A written indication of preliminary pending or final license approval from the regulatory welfare agency must be supplied to the city.

(8)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-231.

(9)

Sales of Christmas trees, provided that:

a.

The property upon which sales are conducted is not used for residential purposes and has at least ten hard-surfaced parking spaces.

b.

Written approval of the property owner is obtained.

c.

Sales are conducted no closer than 100 feet to a dwelling and sales are not conducted within any required setback areas unless on a parking area.

d.

Sales are not conducted for a period exceeding 45 days in any calendar year.

e.

Ground and/or sign lighting is not a nuisance to surrounding properties or traffic.

f.

Operations are dismantled within one week after termination of sales.

g.

Only one sign not to exceed 15 square feet in area is erected per street frontage and the sign is no closer to a property line than one-half the required setback.

h.

Disturbed turfed areas are restored.

i.

Necessary permits are obtained where required by governmental authority.

j.

Permanent sanitary facilities for employees are available.

k.

No impairment of parking or traffic movement occurs.

(Code 1984, § 375:54(2); Code 2003, § 36-232)

The following are permitted accessory uses in an R-A district:

(1)

Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district.

(2)

Living quarters of persons employed on the premises, so long as the following conditions are met:

a.

The living quarters must be licensed pursuant to chapter 10, article XII.

b.

The living quarters shall be located in the principal building or in a building that is accessory to the principal use.

c.

The building in which the living quarters are located must have been in existence or a building permit issued therefor on or before July 13, 1988.

d.

The living quarters must comply with the requirements of chapter 8, article II.

e.

The arrangement shall comply with the definition of a household.

(3)

Home occupations.

(4)

Recreational vehicles and equipment.

(5)

Noncommercial greenhouses and conservatories.

(6)

Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(7)

Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

(8)

Private garages, parking spaces and carports for licensed and operable passenger cars and trucks.

(9)

Geothermal systems in compliance with section 36-807.

(10)

Solar electric and solar thermal systems on a building or in rear yard screened from view in compliance with section 36-807.

(11)

Six or less amusement machines in golf courses, recreational travel vehicle campsites, or a legal nonconforming bar or restaurant.

(12)

Private antennas and towers in compliance with chapter 8, article V.

(Code 1984, § 375:54(3); Code 2003, § 36-233; Ord. No. 09-11, § 2, 10-5-2009)

The following are conditional uses in an R-A district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:

a.

When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with section 36-791.

b.

The provisions of section 36-107(e) are considered and satisfactorily met.

(2)

Commercial outdoor recreational facilities, including golf courses, golf course clubhouses, swimming pools and similar facilities, provided that:

a.

The principal use, function or activity is open and outdoor in character.

b.

Not more than five percent of the land area of the site is covered by buildings or structures.

c.

When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with section 36-791.

d.

The land area of the property containing such use or activity meets the minimum established for the district.

e.

The provisions of section 36-107(e) are considered and satisfactorily met.

(3)

Recreational travel vehicle campsites (not including mobile homes), provided that:

a.

The land area of the property containing such use or activity meets the minimum established for the district.

b.

The site is served by a major or arterial street capable of accommodating traffic which will be generated.

c.

All driveways and parking areas are surfaced.

d.

Plans for utilities and waste disposal are reviewed by the city engineer and shall be subject to the city engineer's approval, and all applicable requirements of the state pollution control agency are complied with.

e.

No more than five percent of the land area of the site is covered by buildings or structures.

f.

The location of such use is at a minimum 100 feet from any abutting residential use district.

g.

All signs and informational or visual communication devices are in compliance with section 36-11 and do not impact adjoining or surrounding residential uses.

h.

The provisions of section 36-107(e) are considered and satisfactorily met.

(4)

Cemeteries, provided that:

a.

The overall site does not contain more than 60 acres.

b.

The site accesses on a minor or principal arterial only.

c.

The site is totally screened from view in accordance with section 36-791.

d.

The applicant has applied for a comprehensive plan amendment and the amendment has been processed in accordance with applicable state statutes.

e.

The provisions of section 36-107(e) are considered and satisfactorily met.

(5)

Inside storage, provided that:

a.

When abutting a residential use or a residential use district, the property shall be screened and landscaped in compliance with section 36-791.

b.

No sales, rental or major repair shall be permitted.

c.

The interior side yard setback minimum shall be double that required in the district.

d.

Adequate off-street parking and access must be provided in compliance with article IX of this chapter.

e.

All building code regulations must be complied with, including the provision of adequate fire lanes inside and outside the building.

f.

Except as may otherwise be allowed pursuant to section 36-233(2), the structure may not be occupied by either temporary or permanent residents, nor shall any vehicles or equipment stored inside be used by any person for living quarters.

g.

The provisions of section 36-107(e) must be considered and satisfactorily met.

(6)

A center for institutional, group, club or community meetings and related activities in a structure formerly used as a public, semipublic or private institutional facility, provided that:

a.

Such use may be located only in an existing structure that was constructed and previously used for an institutional purpose such as education or governmental operations. No such structure shall be enlarged, and such structure so used must be restored so far as possible to its original appearance, including architectural style, building material and color.

b.

Side yards shall be double that required for the district, but no greater than 30 feet.

c.

Adequate screening from abutting residential uses and landscaping shall be provided in compliance with section 36-791.

d.

Adequate off-street parking and access shall be provided on the site and shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 36-791.

e.

Adequate off-street loading and service entrances shall be provided and regulated where applicable by article IX of this chapter.

f.

The provisions of article II, division 4 of this chapter shall be considered and satisfactorily met.

(7)

Seven or more amusement machines in golf courses, recreational travel vehicle campsites, or a legal nonconforming bar or restaurant.

(8)

The installation and use of underground oil, gasoline, or other liquid motor fuel storage tanks, provided that:

a.

One or more such tanks replaces or represents a relocation of an equal or greater number of such tanks currently in lawful use by the applicant in the city on May 9, 1984.

b.

The tank contents are used in the applicant's vehicles or equipment.

c.

The city's comprehensive plan indicates the future zoning classification of the applicant's subject property to be industrial.

(9)

Sales and service of recreational vehicles and related equipment, provided that all of the following minimum criteria are met:

a.

The applicant was in business continuously at the location on September 30, 1976, to the date of application.

b.

Primary access to the applicant's business is from a state highway.

c.

All structures are originally designed and built so as to be readily convertible to a lawful use compatible with the zoning classification of the property which would be consistent with the city's comprehensive plan.

d.

The property is screened and landscaped in compliance with section 36-791.

e.

Adequate off-street parking and access to the property is provided in compliance with article IX of this chapter.

f.

The building setback requirements of the future zoning classification, as shown at the time of application on the city's comprehensive plan, are met.

g.

The conditional use permit shall expire 180 days after public sewer is available to the applicant's property unless, within that time, the city grants an extension thereof, not to exceed five years, following the procedures of article II, division 4 of this chapter.

h.

The provisions of section 36-107(e) are considered and satisfactorily met.

i.

All other applicable provisions of this Code are considered and satisfactorily met.

(10)

Churches, chapels, temples, synagogues, or other houses of worship provided that:

a.

Side yards shall be double that required for the district, but no greater than 30 feet.

b.

Adequate screening from abutting residential uses and landscaping shall be provided in compliance with section 36-791.

c.

Adequate off-street parking and access shall be provided on the site or on lots abutting directly across a public street or alley from the principal use in compliance with article IX of this chapter, and such parking shall be adequately screened and landscaped from surrounding or abutting residential uses in compliance with section 36-791.

d.

The site and its related parking and service shall be served by a paved arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

e.

The site must be able to accommodate an on-site septic system adequate for the proposed use.

(11)

Buildings necessary for the operation of essential services.

(12)

Wind energy conversion systems in compliance with section 36-807.

(13)

Solar electric systems over two square feet in size on boat lifts in compliance with section 36-807.

(14)

Freestanding occupant identification signs conforming to the requirements identified in section 24-58(o).

(15)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-231.

(Code 1984, § 375:54(4); Code 2003, § 36-234; Ord. No. 04-03, § 1, 2-2-2004; Ord. No. 04-11, § 1, 5-3-2004; Ord. No. 09-11, § 2, 10-5-2009; Ord. No. 17-06, § 1, 6-5-2017)

The following minimum requirements shall be observed in an R-A district, subject to additional requirements, exceptions, and modifications set forth in this chapter:

(1)

Lot area: 20 acres.

(2)

Lot width.

a.

Interior lots: 500 feet.

b.

Corner lots: 505 feet.

c.

Corner lots abutting a major street: 520 feet.

(3)

Setbacks.

a.

Front yards: not less than 50 feet.

b.

Side yards.

1.

Interior lots: not less than five feet on any one side, and not less than 30 feet combined total for both side yards.

2.

Corner lots: not less than five feet on the interior side yard, and not less than 30 feet on the side yard abutting a public right-of-way.

3.

Corner lots abutting a major street: not less than five feet on the interior side yard, and not less than 50 feet on the side yard abutting the major street.

c.

Rear yards: 30 feet.

(Code 1984, § 375:54(5); Code 2003, § 36-235)

Except for farm buildings, no structure in the R-A district shall exceed three stories or 35 feet in building height, whichever is greater.

(Code 1984, § 375:54(6); Code 2003, § 36-236)

The purpose of the R-1 Single-Family District is to provide for low density single-family detached residential dwelling units and directly related complementary uses.

(Code 1984, § 375:57(1); Code 2003, § 36-261)

The following are permitted uses in an R-1 district:

(1)

Single-family detached dwellings.

(2)

Residential facilities of six or fewer persons per facility.

(3)

Day care facilities of 14 or fewer persons per facility, provided that:

a.

No overnight facilities shall be provided for children served and children must be delivered and removed daily.

b.

The front yard depth shall meet the minimum in the respective district.

c.

Adequate off-street parking and access shall be provided in compliance with article X of this chapter, including a turnaround driveway.

d.

Adequate off-street loading and service entrances shall be provided in compliance with section 36-848.

e.

The site and related parking and service shall be by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

f.

All signing and informational or visual communication devices shall be in compliance with section 36-11.

g.

An outdoor, individually owned, fenced play area, not to be located in the front yard, of a minimum size of 600 square feet or, in the alternative, 60 square feet per child, whichever is the greater figure, shall be a part of the facility. The fence shall be provided in compliance with article VIII of this chapter and section 36-7.

h.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130, as adopted, amended and/or changed, must be satisfactorily met.

i.

A written indication of preliminary pending or final license approval from the regulatory welfare agency must be supplied to the city.

(4)

Public parks and playgrounds.

(5)

Essential services.

(6)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-266.

(7)

Sales of Christmas trees, provided that:

a.

The property upon which sales are conducted is not used for residential purposes and has at least ten hard-surfaced parking spaces.

b.

Written approval of the property owner is obtained.

c.

Sales are conducted no closer than 100 feet to a dwelling and sales are not conducted within any required setback areas unless on a parking area.

d.

Sales are not conducted for a period exceeding 45 days in any calendar year.

e.

Ground and/or sign lighting is not a nuisance to surrounding properties or traffic.

f.

Operations are dismantled within one week after termination of sales.

g.

Only one sign not to exceed 15 square feet in area is erected per street frontage and the sign is no closer to a property line than one-half the required setback.

h.

Disturbed turfed areas are restored.

i.

Necessary permits are obtained where required by governmental authority.

j.

Permanent sanitary facilities for employees are available.

k.

No impairment of parking or traffic movement occurs.

(Code 1984, § 375:57(2); Code 2003, § 36-262)

The following are permitted accessory uses in an R-1 district:

(1)

Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by article IX of this chapter.

a.

Private garages are intended for use to store the private passenger vehicles of the families resident upon the premises, and no business, service or industry shall be carried on. Such space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property.

b.

Such garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit.

(2)

Recreational vehicles and equipment.

(3)

Home occupations.

(4)

Noncommercial greenhouses and conservatories.

(5)

Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(6)

Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

(7)

Private antennas and towers in compliance with chapter 8, article V.

(8)

Geothermal systems in compliance with section 36-807.

(9)

Solar electric and solar thermal systems on a building or in rear yard screened from view in compliance with section 36-807.

(10)

Membrane structures to be constructed and maintained for up to 180 days in any calendar year in compliance with chapter 24 of the state fire code, the state building code and the property maintenance code, under the following conditions:

a.

The construction and use of one membrane structure per property shall be restricted to public entities for the purpose of:

1.

Affording property protection from the elements; and

2.

Affording physical recreation or training activities protection from the elements.

b.

A membrane structure shall meet setback requirements consistent with the requirements of this division.

c.

Each lot is limited to one membrane structure.

d.

Zoning district height restrictions are not applicable on lots greater than or equal to 80 acres in size.

(Code 1984, § 375:57(3); Code 2003, § 36-263; Ord. No. 09-11, § 2, 10-5-2009; Ord. No. 10-14, § 1, 10-18-2010)

The following are conditional uses in an R-1 district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

Public or semipublic recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues; provided that:

a.

Side yards shall be double that required for the district, but no greater than 30 feet.

b.

Adequate screening from abutting residential uses and landscaping shall be provided in compliance with section 36-791.

c.

Adequate off-street parking and access shall be provided on the site or on lots abutting directly across a public street or alley from the principal use in compliance with article IX of this chapter and such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 36-791.

d.

Adequate off-street loading and service entrances shall be provided and regulated where applicable by section 36-848.

e.

The provisions of section 36-107(e) shall be considered and satisfactorily met.

f.

Development of these uses is not allowed without public sewer.

(2)

Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:

a.

Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

b.

Equipment is completely enclosed in a permanent structure with no outside storage.

c.

Adequate screening from neighboring uses and landscaping is provided in compliance with section 36-791.

d.

The provisions of section 36-107(e) are considered and satisfactorily met.

(3)

Residential planned unit development as regulated by article II, division 2 of this chapter.

(4)

Day care group nurseries in religious institutions such as churches, chapels, temples and synagogues, provided that:

a.

No overnight facilities shall be provided for children served and children must be delivered and removed daily.

b.

The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

c.

An outdoor, individually owned, fenced play area, not to be located in the front yard, of a minimum size of 600 square feet or, in the alternative, 60 square feet per child, whichever is the greater figure, shall be a part of the facility. The fence shall be provided in compliance with article VIII of this chapter and section 36-7.

d.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130, as adopted, amended and/or changed, whether by the department or by this chapter or otherwise, must be satisfactorily met.

e.

A written indication of preliminary pending or final license approval from the regulatory welfare agency must be supplied to the city.

(5)

Buildings necessary for the operation of essential services.

(6)

Wind energy conversion systems in compliance with section 36-807.

(7)

Solar electric systems over two square feet in size on boat lifts in compliance with section 36-807.

(8)

Freestanding occupant identification signs conforming to the requirements identified in section 24-58(o).

(9)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-266.

(Code 1984, § 375:57(4); Code 2003, § 36-264; Ord. No. 09-11, § 2, 10-5-2009; Ord. No. 17-06, § 2, 6-5-2017)

The following minimum requirements shall be observed in an R-1 district, subject to additional requirements, exceptions, and modifications set forth in this chapter:

(1)

Lot area: 20,000 square feet (20 acres where public sewer is not available).

(2)

Lot width.

a.

Interior lots: 100 feet.

b.

Corner lots: 105 feet.

c.

Corner lots abutting a major street: 110 feet.

(3)

Setbacks.

a.

Front yards: not less than 35 feet.

b.

Side yards.

1.

Interior lots: not less than five feet on any one side, and not less than 30 feet combined total for both side yards.

2.

Corner lots: not less than five feet on the interior side yard, and not less than 30 feet on the side yard abutting a public right-of-way.

3.

Corner lots abutting a major street: not less than five feet on the interior side yard, and not less than 35 feet on the side yard abutting the major street.

c.

Rear yards: 30 feet, except that homes built upon lots that have rear lot lines that are adjacent to, or rear yards that contain wetland or floodplain, or lots with rear lot lines adjacent to public or common open space, may provide a rear yard of as little as 20 feet so long as no principal structure is built any nearer than 60 feet to the buildable area of any adjacent lot.

(Code 1984, § 375:57(5); Code 2003, § 36-265; Ord. No. 03-21, § 2, 7-21-2003)

No structure in the R-1 district shall exceed three stories or 35 feet in building height, whichever is greater.

(Code 1984, § 375:57(6); Code 2003, § 36-266)

The purpose of the R-2 Single-Family Residential District is to provide for low density single-family detached residential dwelling units and directly related complementary uses.

(Code 1984, § 375:60(1); Code 2003, § 36-291)

The following are permitted uses in an R-2 district:

(1)

All permitted uses allowed in the R-1 district.

(Code 1984, § 375:60(2); Code 2003, § 36-292)

The following are permitted accessory uses in an R-2 district:

(1)

All permitted accessory uses allowed in the R-1 district.

(Code 1984, § 375:60(3); Code 2003, § 36-293)

The following are conditional uses in an R-2 district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

All conditional uses subject to the same conditions as allowed in the R-1 district.

(Code 1984, § 375:60(4); Code 2003, § 36-294)

The following minimum requirements shall be observed in an R-2 district, subject to additional requirements, exceptions, and modifications set forth in this chapter:

(1)

Lot area.

a.

Minimum: 10,000 square feet (20 acres where public sewer is not available).

b.

Average: 11,000 square feet (applies to all lots within each preliminary plat filed with the city after October 28, 1987).

(2)

Lot width.

a.

Minimum: 80 feet.

b.

Average: 85 feet.

(3)

Setbacks.

a.

Front yards: not less than 25 feet.

b.

Side yards.

1.

Interior lots: not less than five feet on any one side, and not less than 15 feet combined total for both side yards.

2.

Corner lots: not less than five feet on the interior side yard, and not less than 15 feet on the side yard abutting a public right-of-way.

3.

Corner lots abutting a major street: not less than five feet on the interior side yard, and not less than 25 feet on the side yard abutting the major street.

c.

Rear yards: 30 feet, except that homes built upon lots that have rear lot lines that are adjacent to, or rear yards that contain wetland or floodplain, or lots with rear lot lines adjacent to public or common open space, may provide a rear yard of as little as 20 feet so long as no principal structure is built any nearer than 60 feet to the buildable area of any adjacent lot.

(Code 1984, § 375:60(5); Code 2003, § 36-295; Ord. No. 03-21, § 2, 7-21-2003)

No structure in the R-2 district shall exceed three stories or 35 feet in building height, whichever is greater.

(Code 1984, § 375:60(6); Code 2003, § 36-296)

The purpose of the R-2B Single-Family Residential District is to provide for larger low density single-family detached residential dwelling units and directly related, complementary uses.

(Code 2003, § 36-321; Ord. No. 04-30, § 1, 12-20-2004)

The following are permitted uses in the R-2B district:

(1)

All permitted uses in the R-2 district.

(Code 2003, § 36-322; Ord. No. 04-30, § 1, 12-20-2004)

The following are permitted accessory uses in an R-2B district:

(1)

All permitted uses allowed in the R-2 district.

(Code 2003, § 36-323; Ord. No. 04-30, § 1, 12-20-2004)

The following are conditional uses in an R-2B district (requires a conditional use permit based upon procedures set forth in and regulated by section 36-107):

(1)

All conditional uses subject to the same conditions as allowed in the R-2 district.

(Code 2003, § 36-324; Ord. No. 04-30, § 1, 12-20-2004)

The following minimum requirements shall be observed in a R-2B district subject to additional requirements, exceptions, and modifications set forth in this chapter:

(1)

Lot area.

a.

Minimum: 10,000 square feet (20 acres where public sewer is not available).

b.

Average: 11,000 square feet (applies to all lots within each preliminary plat filed with the city after October 28, 1987).

(2)

Lot width.

a.

Minimum: 80 feet.

b.

Average: 90 feet.

(3)

Setbacks.

a.

Front yards: not less than 25 feet.

b.

Side yards.

1.

Interior lots: not less than five feet on any one side, nor less than 15 feet combined total for both side yards.

2.

Corner lots: not less than five feet on the interior side yard, nor less than 15 feet on the side yard abutting a public right-of-way.

3.

Corner lots abutting a major street: not less than five feet on the interior side yard, nor less than 25 feet on the side yard abutting the major street.

c.

Rear yards: 30 feet.

(Code 2003, § 36-325; Ord. No. 04-30, § 1, 12-20-2004)

No structure shall exceed three stories or 35 feet in building height, whichever is greater. A private garage capable of accommodating at least two vehicles shall accompany each dwelling.

(Code 2003, § 36-326; Ord. No. 04-30, § 1, 12-20-2004)

The purpose of the R-3 Single- and Two-Family Residential District is to provide for low to moderate density one- and two-unit dwellings and directly related complementary uses.

(Code 1984, § 375:63(1); Code 2003, § 36-351)

The following are permitted uses in an R-3 district:

(1)

All permitted uses allowed in an R-2 district.

(2)

Two-family dwelling units, whether on one lot or two (where the latter fulfills the requirements set forth in section 36-355(4)).

(3)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-351.

(Code 1984, § 375:63(2); Code 2003, § 36-352)

The following are permitted accessory uses in an R-3 district:

(1)

All accessory uses as allowed in an R-2 district.

(Code 1984, § 375:63(3); Code 2003, § 36-353)

The following are conditional uses in an R-3 district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

All conditional uses, subject to the same conditions, as allowed in an R-2 district.

(2)

Attached single-family dwellings.

(3)

Residential facilities of from seven to 16 persons per facility.

(4)

Day care facilities of from 11 to 16 persons per facility, provided that:

a.

No overnight facilities shall be provided for children served, and children must be delivered and removed daily.

b.

The front yard depth shall meet the minimum in the respective district.

c.

Adequate off-street parking and access shall be provided in compliance with article IX of this chapter, including a turnaround driveway.

d.

Adequate off-street loading and service entrances shall be provided in compliance with section 36-848.

e.

The site-related parking and service shall be by arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

f.

All signing and informational or visual communication devices shall be in compliance with section 36-11.

g.

An outdoor, individually owned, fenced play area, not to be located in the front yard, of a minimum size of 600 square feet or, in the alternative, 60 square feet per child, whichever is the greater figure, shall be a part of the facility. The fence shall be provided in compliance with article VIII of this chapter and section 36-7.

h.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130 as adopted, amended and/or changed, must be satisfactorily met.

i.

A written indication of preliminary pending or final license approval from the regulatory welfare agency must be supplied to the city.

(5)

Condominiums, limited to no more than eight dwelling units per structure.

(6)

Freestanding occupant identification signs conforming to the requirements identified in section 24-58(o).

(7)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-351.

(Code 1984, § 375:63(4); Code 2003, § 36-354; Ord. No. 17-06, § 3, 6-5-2017)

The following minimum requirements shall be observed in an R-3 district, subject to additional requirements, exceptions and modifications set forth in this chapter. No development is allowed in this district where public sewer and water is not available.

(1)

Lot area.

a.

Minimum: 10,000 square feet (20 acres where public sewer is not available).

b.

Average: 11,000 square feet (applies to all lots within each preliminary plat filed with the city after October 28, 1987).

(2)

Lot width.

a.

Minimum: 80 feet.

b.

Average: 85 feet.

(3)

Setbacks.

a.

Front yards: not less than 25 feet.

b.

Side yards:

1.

Interior lots: not less than five feet on any one side, and not less than 15 feet combined total for both side yards.

2.

Corner lots: not less than five feet on the interior side, and not less than 15 feet on the side yard abutting a public right-of-way.

3.

Corner lots abutting a major street: not less than five feet on the interior side yard, and not less than 25 feet on the side yard abutting the major street.

c.

Rear yards: 30 feet, except that homes built upon lots that have rear lot lines that are adjacent to, or rear yards that contain wetland or floodplain, or lots with rear lot lines adjacent to public or common open space, may provide a rear yard of as little as 20 feet so long as no principal structure is built any nearer than 60 feet to the buildable area of any adjacent lot.

(4)

The requirements of subsections (1), (2), and (3)b of this section may be waived by the council if a lot containing or intended to contain a two-family dwelling unit is to be subdivided into two lots and will meet all the following requirements:

a.

A common wall shared by the two dwellings is located in its entirety on the boundary line separating the two lots;

b.

The common wall meets the standards of the state building code for owner-occupied units and any other applicable code adopted or to be enforced by the city;

c.

A covenant or other agreement in recordable form concerning the common wall is approved by the city attorney and then filed with the county recorder; and

d.

Each of the two dwellings is separately served by public utilities, none of which are shared.

(Code 1984, § 375:63(5); Code 2003, § 36-355; Ord. No. 03-21, § 2, 7-21-2003)

No structure in the R-3 district shall exceed three stories or 35 feet in building height, whichever is greater.

(Code 1984, § 375:63(6); Code 2003, § 36-356)

The purpose of the R-4 Medium Density Residential District is to provide for medium density housing in multiple-family structures ranging up to and including 12 units and directly related complementary uses.

(Code 1984, § 375:66(1); Code 2003, § 36-381)

The following are permitted uses in an R-4 district:

(1)

Multiple-family dwelling structures containing 12 or fewer dwelling units.

(2)

Boardinghouses, limited to not more than ten persons.

(3)

Boarding (house) home for foster children, restricted to children out of their own homes, age 16 years or under, or, in the case of mental retardation, age 21 years or under, cared for 24 hours a day. The number to be cared for in one foster child boarding (house) home shall not exceed five, including the foster family's own children.

(4)

Family day care, restricted to a family dwelling in which foster care, supervision and training for children of school or pre-school age out of their own home are provided during part of a day (less than 24 hours) with no overnight accommodations or facilities and children are delivered and removed daily. The number to be cared for in one day care home shall not exceed five, including the family's own nonschool-age children. The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130, as adopted, amended and/or changed, shall be satisfactorily met and a written indication of preliminary, pending or final license approval from the regulatory welfare agency shall be supplied to the city.

(5)

Public parks and playgrounds.

(6)

Essential services.

(7)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-386.

(8)

Sales of Christmas trees, provided that:

a.

The property upon which sales are conducted is not used for residential purposes and has at least ten hard-surfaced parking spaces.

b.

Written approval of the property owner is obtained.

c.

Sales are conducted no closer than 100 feet to a dwelling and sales are not conducted within any required setback areas unless on a parking area.

d.

Sales are not conducted for a period exceeding 45 days in any calendar year.

e.

Ground and/or sign lighting is not a nuisance to surrounding properties or traffic.

f.

Operations are dismantled within one week after termination of sales.

g.

Only one sign not to exceed 15 square feet in area is erected per street frontage and the sign is no closer to a property line than one-half the required setback.

h.

Disturbed turfed areas are restored.

i.

Necessary permits are obtained where required by governmental authority.

j.

Permanent sanitary facilities for employees are available.

k.

No impairment of parking or traffic movement occurs.

(Code 1984, § 375:66(2); Code 2003, § 36-382)

The following are permitted accessory uses in an R-4 district:

(1)

All permitted accessory uses allowed in an R-3 district except the use of accessory buildings.

(2)

Off-street loading.

(Code 1984, § 375:66(3); Code 2003, § 36-383)

The following are conditional uses in an R-4 district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

All conditional uses allowed in an R-3 district.

(2)

Day care facilities, provided that:

a.

No overnight facilities shall be provided for the children served. Children must be delivered and removed daily.

b.

The front yard depth shall meet the minimum in the respective district.

c.

Adequate off-street parking and access shall be provided in compliance with article IX of this chapter.

d.

Adequate off-street loading and service entrances shall be provided in compliance with section 36-871.

e.

The site and related parking and service shall be by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

f.

All signing and informational or visual communication devices shall be in compliance with section 36-11.

g.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130, as adopted, amended and/or changed, must be satisfactorily met.

h.

A written indication of preliminary, pending or final license approval from the regulatory welfare agency must be supplied to the city.

i.

The provisions of section 36-107(e) must be considered and satisfactorily met.

(3)

Mobile home courts, provided that:

a.

All provisions of chapter 8, article VI, are complied with.

b.

The provisions of section 36-107(e) are considered and satisfactorily met.

(4)

Accessory buildings, provided that:

a.

The accessory buildings are used for multiple-family dwelling automobile garage use only.

b.

The accessory buildings are not intended to be accessory to mobile homes or mobile home courts. Required auxiliary buildings for mobile home courts shall not require conditional use permits.

(5)

Freestanding occupant identification signs conforming to the requirements identified in section 24-58(o).

(6)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-386.

(Code 1984, § 375:66(4); Code 2003, § 36-384; Ord. No. 17-06, § 4, 6-5-2017)

The following minimum requirements shall be observed in an R-4 district, subject to additional requirements, exceptions and modifications set forth in this chapter. Development in this district is not allowed without public sewer.

(1)

Lot area: 10,000 square feet.

(2)

Lot width.

a.

Interior lots: 100 feet.

b.

Corner lots: 115 feet.

(3)

Setbacks.

a.

Front yards: not less than 40 feet.

b.

Side yards.

1.

Interior lots: not less than 15 feet on any one side, and not less than 30 feet combined total for both side yards.

2.

Corner lots: not less than 15 feet on the interior side yard, and not less than 30 feet on the side yard abutting a public right-of-way.

c.

Rear yards: 40 feet.

(Code 1984, § 375:66(5); Code 2003, § 36-385)

No structure in the R-4 district shall exceed three stories or 35 feet in building height, whichever is greater.

(Code 1984, § 375:66(6); Code 2003, § 36-386)

The purpose of the R-5 High Density Residential District is to provide for high density residential uses and directly related uses.

(Code 1984, § 375:69(1); Code 2003, § 36-411)

The following are permitted uses in an R-5 district:

(1)

All permitted uses allowed in the R-4 district.

(2)

Clubs or lodges without the serving of food or beverages.

(3)

Multiple-family dwellings.

(4)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-411.

(Code 1984, § 375:69(2); Code 2003, § 36-412)

The following are permitted accessory uses in an R-5 district:

(1)

All permitted accessory uses as allowed in an R-4 district.

(Code 1984, § 375:69(3); Code 2003, § 36-413)

The following are conditional uses in an R-5 district; such uses require a conditional use permit based upon procedures set forth in and regulated by article II, division 4 of this chapter:

(1)

All conditional uses, subject to the same conditions, as allowed in an R-3 district.

(2)

Day care facilities provided that:

a.

No overnight facilities shall be provided for the children served. Children must be delivered and removed daily.

b.

Front yard depth shall meet the minimum in the respective district.

c.

Adequate off-street parking and access shall be provided in compliance with article IX of this chapter.

d.

Adequate off-street loading and service entrances shall be provided in compliance with section 36-848.

e.

The site and related parking and service shall be served by a street of sufficient capacity to accommodate the traffic which will be generated.

f.

All signing and informational or visual communication devices shall be in compliance with chapter 24.

g.

The regulations and conditions of the state department of public welfare, Public Welfare Manual II 3130, as adopted, amended, and/or changed, must be satisfactorily met.

h.

A written indication of preliminary, pending or final license approval from the regulatory welfare agency must be supplied to the city.

i.

The provisions of section 36-107(e) must be considered and satisfactorily met.

(3)

Accessory buildings, provided that the accessory buildings are used for multiple-family dwelling automobile garage use only.

(4)

Buildings in excess of three stories, provided that:

a.

The site must be capable of accommodating the increased intensity of use.

b.

The increased intensity of use shall not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

c.

Public utilities and services must be adequate.

d.

For each additional story over three stories or for each additional ten feet above 40 feet, front and side yard setback requirements shall be increased by five feet.

e.

The provisions of section 36-107(e) must be considered and satisfactorily met.

(5)

Freestanding occupant identification signs conforming to the requirements identified in section 24-6(o).

(6)

Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purpose statement set forth in section 36-411.

(Code 1984, § 375:69(4); Code 2003, § 36-414; Ord. No. 17-06, § 5, 6-5-2017)

The following minimum requirements shall be observed in an R-5 district, subject to additional requirements, exceptions and modifications set forth in this chapter. Development in this district is not allowed without public sewer.

(1)

Lot area: 15,000 square feet.

(2)

Lot width.

a.

Corner lots abutting a major street: 145 feet.

b.

All other lots: 120 feet.

(3)

Setbacks.

a.

Front yards: 30 feet.

b.

Side yards.

1.

Not less than 15 feet on any one side.

2.

Corner lots abutting a major street: Not less than 15 feet on the interior side yard, and not less than 40 feet on the side yard abutting the major street.

c.

Rear yards: 40 feet.

(Code 1984, § 375:69(5); Code 2003, § 36-415)

No structure in the R-5 district shall exceed three stories or 35 feet in building height, whichever is greater, except as otherwise provided for in this division.

(Code 1984, § 375:69(6); Code 2003, § 36-416)