(a)   In order to classify, regulate and restrict the location of businesses, industries, residences and recreation and other land uses, and the location of buildings designed for specified uses; to regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; to regulate and limit the percentage of lot area which may be occupied; and to establish set-back lines, sizes of yards and other open spaces within and surrounding such buildings and the density of population; the incorporated territory of the City is hereby divided into zoning use districts. All such regulations are uniform for each class or kind of building, structure or use throughout each zoning district. Such districts shall be known as:

 

   (b)   In order to redesignate the currently existing zoning classifications, all districts are as shown on the officially adopted Zoning Map which accompanies original Ordinance 1982-170, passed March 22, 1983. No buildings or premises shall be erected or used except in conformity with the regulations prescribed for the use districts in which such buildings or premises are located and with all other regulations contained in this Zoning Code.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   The boundaries of the zoning districts are shown on the Official Zoning Map which is hereby adopted and made a part of this Zoning Code. The Zoning Map and all notations, references and such Zoning Map and all notations, references and other information shown thereon were fully set forth and described in this Zoning Code. The Zoning Map designation and the regulations which accompany the Map are also declared to be a part of this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)

   If uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules shall apply:

   (a)   The district boundaries are the centerlines of streets or alleys, unless otherwise shown, and where the districts designated on the Zoning Map are bounded approximately by street or alley centerlines, such centerlines shall be construed to be the boundary of the districts.

   (b)   If the zoning district boundaries are not otherwise indicated and the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines. If the districts designated on the Zoning Map are bounded approximately by lot lines, such lot lines shall be construed to be the boundary of the districts, unless the boundaries are otherwise indicated on the Zoning Map.

   (c)   In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by dimensions or the use of the scale appearing on the Zoning Map.

   (d)   If the above rules do not clarify the subject zoning district boundary, the Planning Commission shall have the authority to review and interpret the disputed boundary. The person contesting the location of the zoning district boundary shall be given a reasonable opportunity to present their case to the Commission and to submit technical evidence.

(Ord. 2022-24. Passed 5-24-22.)

   Whenever any street, alley or other public way is vacated by official action of Council, the zoning of the district adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacation and all area included in the vacation shall henceforth be subject to all appropriate regulations of the extended districts.

(Ord. 2022-24. Passed 5-24-22.)

   All territory which may be annexed to the City shall continue in its existing zoning classification until amended in accordance with the procedures outlined in this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   A building or parcel of land may be used, and the use of a building and parcel of land may be changed or extended, and an existing building may be altered, converted, enlarged, reconstructed, moved or maintained, only for the uses specifically identified or referred to as permitted or required in the district in which the building or parcel of land is located and for no other use. The identification of land uses within a zoning district shall not be construed as a ranking of the most desirable to the least desirable uses.

(Ord. 2022-24. Passed 5-24-22.)

 

      (1)   Self-Storage Facility; and

      (2)   Outdoor Sales as a Principal Use.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2023-78. Passed 12-12-23; Ord. 2024-48. Passed 9-10-24; Ord. 2024-88. Passed 2-25-25.)

   The following supplemental standards shall apply to the permitted residential related land uses identified below.

      (1)   The professional home office use shall not create pedestrian or vehicular traffic beyond that normally generated by residential uses in the vicinity and the residential character of the dwelling exterior shall not be changed.

      (2)   No signs shall be permitted to be installed on the residence or lot.

      (3)   No supplies or equipment related to the business shall be stored outside the dwelling.

      (4)   No more than one vehicle related to the professional home office may be used or stored on the premises.

      (5)   The professional home office activity shall not create any external physical effects such as noise, smoke, odors, vibrations, electromagnetic wave interference, line voltage fluctuations, or similar physical impacts.

      (6)   No more than 300 square feet of the premises may be used in connection with the professional home office activity.

      (7)   A maximum of one business delivery per day shall be permitted, provided that the delivery does not interfere with traffic circulation.

      (8)   No assistants or employees, other than members of the resident family, shall work within the home office.

      (9)   No equipment which creates any electrical disturbance beyond the dwelling lot shall be permitted.

      (1)   A personal garden shall comply with the following standards:

         A.   A personal garden is permitted in all residential zoning districts and on lots located in a non-residential zoned district when the lot is used in a residential manner.

         B.   A personal garden is permitted in the rear yard area.

         C.   The footprint of all personal garden activity areas shall not exceed twenty percent (20%) of the total rear yard area in which it is located.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   The following supplemental standards shall apply to the permitted business related land uses identified below.

      (1)   All structures and activity areas, except off-street parking, shall be set back a minimum of two-hundred feet from all lot lines abutting a residential zoning district or a residential land use.

      (2)   All structures and activity areas shall be set back a minimum of twenty feet from all non-residential zoning districts and land uses.

      (3)   All off-street parking shall be set back a minimum of twenty feet from all lot lines abutting a residential zoning district or a residential land use.

      (1)   All structures and activity areas, except off-street parking, shall be set back a minimum of two-hundred feet from all lot lines abutting a residential zoning district or a residential land use and a minimum of one hundred feet from all other lot lines.

      (1)   These parking lot standards shall apply to all parking lots located on either private property or public property.

      (2)   No more than eighty-five percent (85%) of the parcel can be parking lot or impervious area.

      (3)   The ingress and egress drives shall be fully landscaped in addition to the perimeter and interior landscaping required in Chapter 1149.

      (4)   The landscaping requirements set forth in Chapter 1149 shall be increased by twenty-five percent (25%) in situations where the parking lot is the principal use on the lot.

      (5)   No auctions, sales, service or repair activities shall be conducted on the premises.

      (1)   The minimum area per hotel unit shall be 350 square feet.

      (2)   Each hotel unit shall contain no more than two sleeping rooms and no cooking facilities. A microwave oven and small refrigerator are permitted in each unit.

      (3)   All public entrances to the facilities are from a lobby, hallway, or other interior portion of the hotel.

      (4)   All new hotels constructed after the enactment of this section shall be located within one thousand feet (1,000') of the Interstate 71 interstate right-of-way.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   The following supplemental standards shall apply to the permitted industrial land uses identified below.

   (b)   Building and lumber yards and contractor yards.

      (1)   All structures and activity areas, except off-street parking, shall be set back a minimum of 200 feet from all lot lines.

      (2)   A detailed plan illustrating outdoor storage and how it is to be screened shall be submitted as part of the development plan review process.

(Ord. 2022-24. Passed 5-24-22.)

   When an applicant proposes a land use for a specific parcel of land which is not listed as a permitted use or conditional use in the Land Use Matrix Chart, the applicant may seek a substantially similar use determination based on the following procedure and review standards.

      (1)   An applicant may request a formal substantially similar use determination be made by City Council upon submitting a written request to the Building Commissioner including adequate supporting documentation.

      (2)   The Building Commissioner shall transmit the substantially similar use request to the Planning Commission for their consideration and recommendation to City Council.

      (1)   The Planning Commission shall consider the request for a substantially similar use determination at a regularly scheduled meeting.

      (2)   In determining whether a land use is substantially similar to another permitted use or conditional use, the Planning Commission shall consider the standard of review criteria set forth in this section and any requested input from City Staff.

      (3)   The Planning Commission shall forward a recommendation to City Council to either approve or deny the substantially similar use determination request.

      (1)   Upon receipt of the recommendation from the Planning Commission, City Council shall consider the appropriateness of the substantially similar use determination request.

      (2)   In determining whether a land use is substantially similar to another listed permitted use or conditional use, City Council shall consider the standard of review criteria set forth in this Section and any requested input from City Staff.

      (3)   A.   If City Council determines that the proposed land use is substantially similar to a listed permitted use or conditional use in the same subject zoning district, the proposed similar use shall be required to conform to the same regulations and standards set forth in this Zoning Code as the listed permitted use or conditional use.

         B.   If City Council determines that the proposed land use is substantially similar to a listed use in the subject zoning district, the proposed land use shall only be approved for the specific parcel for which the use is proposed.

      (4)   If City Council determines the proposed land use is not substantially similar to a listed use, the request shall be formally denied.

      (5)   If the substantially similar use determination request is denied by City Council, the applicant may pursue the administrative appeal remedy as set forth in Section 1127.08.

      (1)   The proposed use will be harmonious with and in accordance with the general objectives or with any specific objectives identified for the subject zoning district or those goals and objectives set forth in the City Comprehensive Master Plan or other applicable planning documents.

      (2)   The proposed use will be designed, constructed, operated, and maintained in a manner harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area.

      (3)   The proposed use will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any of those services.

      (4)   The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the City.

      (5)   The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

      (6)   The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the subject zoning district.

   (e)   Any land use not found in the Land Use Matrix Chart as a permitted use or a conditional use and not determined to be a substantially similar use by City Council, shall not be permitted in the subject zoning district.

(Ord. 2022-24. Passed 5-24-22.)