The zoning area over which the city exercises jurisdiction is hereby divided into seven use districts which shall be known as, and designated on, the city zoning map with the appropriate symbol as follows:

(Code 1982, § 15-203.01)

When land, a building or structure, or construction not specifically provided for is proposed for use in these regulations, the municipal building official shall arrange for the permit applicant to present his plans to the planning commission which shall, after hearing the applicant, pass a resolution by favorable vote of a majority of the entire membership on the commission. Such resolution shall indicate whether the intended use of land, building or structure does or does not comply with the planning goals of the municipality; and, if it does, shall advise the building official to permit construction or use in a specified district with any special restriction; and if it does not, shall advise the building official to disallow any permit.

(Code 1982, § 15-203.02)

The boundaries of the districts are shown upon the zoning map.

(1)

Where the districts designated on the zoning map are bounded approximately by streets, alleys, lot lines, or property lines, such boundaries shall be construed to be the boundary lines of the district, unless such boundaries are otherwise indicated on the map.

(2)

In case of unsubdivided property, the district boundary lines shall be determined by the use of the scale of the zoning map or by dimensions shown on it.

(3)

Where the boundary of a district follows a railroad line, the boundaries shall be construed to be located midway between the two rails of the railroad line, unless the boundary line location is otherwise expressly indicated on the zoning map.

(Code 1982, § 15-203.03)

(a)

No building or structure shall be constructed, located, converted or altered nor shall any building or land be used except for the purposes permitted in the district in which the building or land is located, except as provided in this article. No building shall be erected, enlarged or altered except in conformity with the area regulations and minimum yard requirements of this article for the district in which such building is located.

(b)

Except as specified elsewhere in this article, no buildings or structure shall be erected, reconstructed, or enlarged, and no use shall be established unless located on or comprising a lot.

(c)

No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space similarly required for another building or structure.

(d)

The minimum lot requirements for undersized lots in sections 94-66 through 94-70 do not allow for a minor subdivision of a lot that meets the minimum lot requirements.

(Code 1982, § 15-203.04; Ord. No. 1291, § 2, 6-17-24)

(a)

Any building or other structure or land lawfully existing at the time of enactment of Ordinance No. 631, September 6, 1966, may, except as provided in this section, be continued although such building or other structure or use of any building structure or land does not conform with the provisions of Ordinance No. 631.

(b)

Should the building or structure or use of any building structure or land that is nonconforming be discontinued for a period of 12 months, such right to the nonconforming use shall be forfeited, and any future use of the building and premises shall conform to the ordinance.

(c)

The total structural repairs and alterations that may be made in a structure that is nonconforming in use only shall not exceed 50 percent of its assessed value for tax purposes at the time of application for the first structural change unless changed to a conforming use.

(d)

Any nonconforming building or structure or one or more of a group of nonconforming buildings or structures which has been or may be damaged by fire, flood, explosion, earthquake, war, riot, act of God, or act of any governmental authority may be reconstructed and used as before, if it is done within 12 months of such calamity, provided that the restored building covers no greater area or has no greater cubic content.

(e)

A nonconforming use of land not involving a building or involving building structures or improvements which have an assessed value of less than $500.00 shall be discontinued within three years from the adoption of Ordinance No. 631 and any such change which becomes nonconforming by reason of a subsequent change in Ordinance No. 631 or in the zone boundaries shall be discontinued within three years from the date of such change.

(Code 1982, § 15-203.05)

The board of adjustment is authorized to grant variances from the terms of this article upon application for the granting of a variance.

(Code 1982, § 15-203.06)

The board, in granting a variance, shall first find that strict application of the zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the applicable zoning regulation or by reason of exceptional situation or topographic conditions of the tract. The board shall find that the relief to be granted is not a substantial detriment to the public good and does not substantially impair the intent and purpose of any ordinance or resolution.

(Code 1982, § 15-203.07)

The order granting the variance shall show that:

(1)

The strict application of the article would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3)

The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance;

(4)

The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice; and

(5)

The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this article.

(Code 1982, § 15-203.08)

The board of adjustment shall hold a public hearing on all applications for variances.

(1)

The board shall publish a notice of the hearing in a newspaper of general circulation within the town at least ten days prior to the hearing date. For applications for variances the board shall also send a written notice of the hearing to all owners of property within 200 feet from any boundary of the property in question.

(2)

All applications shall be accompanied by a fee of $25.00 to cover the cost of advertising and processing, together with a survey of the lot or tract for which the variance is sought, prepared by a licensed surveyor. The survey shall show lot boundary lines, curblines, location of setback lines, locations of present structures and locations of the desired variance.

(3)

The board shall adopt such procedures as may be necessary to carry out the provisions of this section.

(Code 1982, § 15-203.09; Ord. No. 969, § 3, 6-22-93)

In the A agricultural district, building, structures and land shall be used only for the following purposes:

(1)

Agricultural uses, farming, dairying, stock raising or similar purposes, including poultry raising, orchards, nurseries, greenhouses, truck gardens; raising birds, bees, rabbits, and other animals, fish and other creatures; and other agricultural activities including dwellings, barns and incidental buildings commonly required for the operation of a farm.

(2)

Warehouse buildings and commercial storage for agricultural related materials such as grains, feeds, and fertilizers.

(3)

Transportation facilities for agricultural related materials such as grains, feeds, and fertilizers.

(4)

Single-family residences.

(5)

Churches, Sunday schools and other places of worship.

(6)

Public buildings and publicly owned parks, playgrounds and community centers.

(7)

Private clubs, private, social and recreational buildings and grounds for games, sports, and camping, but only if not opened to the general public.

(8)

Hospitals or sanitariums, and charitable institutions.

(9)

Dog kennel and veterinary establishments, but not nearer than 750 feet to any zoned residential district, incorporated area or dwelling other than the dwelling of the lessee or owner of the site.

(10)

Removal of dirt or topsoil.

(11)

Public and private forest and wildlife reservation.

(12)

Airport and airplane landing field.

(13)

Riding stable.

(14)

Accessory or secondary buildings, structures or uses, subordinate and customarily incidental to and located in the same lot with any of the foregoing principal uses, provided that no person who is not a resident of the premises shall be employed in such accessory or secondary use thereof.

(Code 1982, § 15-204; Ord. No. 1300, § 1, 1-21-25)

(a)

Permitted uses. In the R1 residential district the following buildings and uses are permitted:

(1)

Residences, including single-family residences and two-family residences, but not including multiple dwellings, hotels, tourist accommodations, trailer parks or boardinghouses and lodginghouses. A boardinghouse or lodginghouse is a house in which two or more persons pay for their room and meals and such persons are not members of the immediate family of the owner or tenant of the house.

(2)

Churches, Sunday schools, and other places of worship.

(3)

Public and parochial schools.

(4)

Public buildings, libraries, and publicly owned parks, playgrounds and community centers.

(5)

Child day care centers licensed by the state department of social services, private clubs, private lodges, private social and recreational buildings and grounds for games, sports, and camping, including publicly or privately operated playgrounds, open to the public without charge.

(6)

Hospitals or sanitariums and charitable institutions.

(7)

Telephone exchanges, static transformer stations and public utility, water or gas installations, but such uses shall be permitted only if there is no yard for service or storage and no garage.

(8)

Customarily agricultural uses, timbering, truck gardening and nurseries not including commercial buildings, except such buildings, structures and facilities as are incident to such uses, but excluding the raising or keeping of hogs, livestock, cattle, goats, poultry or other livestock generally raised or kept on a farm for profit.

(9)

Accessory or secondary buildings, structures or uses, subordinate and customarily incidental to and located in the same lot with any of the foregoing principal uses, provided that no person who is not a resident of the premises shall be employed in such accessory or secondary use thereof.

(b)

Height and area requirements. The required height and area regulations in the R1 residential district are as follows:

Maximum Building Height

Minimum Lot Requirements

(Code 1982, §§ 15-205.01, 15-205.02; Ord. No. 898, § 1, 4-6-87; Ord. No. 1291, § 3, 6-17-24)

(a)

Permitted uses. In the R2 residential district the following buildings and uses are permitted:

(1)

Residences, including single-family residences, two-family residences and multiple dwellings, but not including hotels or tourist accommodations. Multiple dwellings shall include apartment houses, row houses, and other residential structures providing permanent living accommodations for three or more families.

(2)

Boardinghouses and lodginghouses not primarily for transient guests and not intended as tourist accommodations.

(3)

Churches, Sunday schools and other places of worship.

(4)

Public and parochial schools.

(5)

Public buildings, libraries, publicly owned parks, playgrounds, community centers and child day care centers licensed by the state department of social services.

(6)

Private clubs, private lodges, private social and recreational buildings and grounds for games, sports and camping, including publicly or privately operated playgrounds open to the public without charge.

(7)

Hospitals or sanitariums and charitable institutions.

(8)

Telephone exchanges, static transformer stations and public utility, water or gas installations, but such uses shall be permitted only if there is no yard for service or storage and no garage.

(9)

Customarily agricultural uses, timbering, truck gardening and nurseries not including commercial buildings, except such buildings, structures and facilities as are incident to such uses, but excluding the raising or keeping of hogs, livestock, cattle, goats, poultry or other livestock generally raised or kept on a farm for profit.

(10)

Accessory or secondary buildings, structures or uses, subordinate and customarily incidental to and located in the same lot with any of the foregoing principal uses, provided that no person who is not a resident of the premises shall be employed in such accessory or secondary use thereof.

(11)

Video rental stores by special use permit only, which special use permit shall expire at the end of the two years from its issuance, at which time the owner may apply for another two-year special use permit.

(b)

Height and area requirements. The required height and area regulations in the R2 residential district are as follows:

Maximum Building Height

Minimum Lot Requirements

(Code 1982, §§ 15-205.03, 15-205.04; Ord. No. 987, § 1, 4-18-94; Ord. No. 990, § 1, 5-2-94; Ord. No. 1000, § 3, 2-20-95; Ord. No. 1291, § 4, 6-17-24)

(a)

Permitted uses. In the R3 residential district the following buildings and uses are permitted:

(1)

Single-family residences.

(2)

Churches, Sunday schools, and other places of worship.

(3)

Public and parochial schools.

(4)

Public buildings, libraries and publicly owned parks, playgrounds and community centers.

(5)

Private clubs, private lodges, private social and recreational buildings and grounds for games, sports and camping, including publicly or privately operated playgrounds open to the public without charge.

(6)

Hospitals or sanitariums and charitable institutions.

(7)

Telephone exchanges, static transformer stations and public utility, water or gas installations, but such uses shall be permitted only if there is no yard for service or storage and no garage.

(8)

Customarily agricultural uses, timbering, truck gardening and nurseries not including commercial buildings, except such buildings, structures and facilities as are incident to such uses, but excluding the raising or keeping of hogs, livestock, cattle, goats, poultry or other livestock generally raised or kept on a farm for profit.

(9)

Accessory buildings, structures or uses, subordinate and customarily incidental to and located in the same lot with any of the foregoing principal uses, provided that no person who is not a resident of the premises shall be employed in such accessory or secondary use thereof.

(b)

Height and area regulations. The required height and area regulations in the R3 residential district are as follows:

Maximum Building Height

Minimum Lot Requirements

That any other ordinance or section passed and approved prior to the passage, approval and publication or posting of this ordinance and in conflict with its provisions is hereby repealed.

(Code 1982, §§ 15-205.05, 15-205.06; Ord. No. 1000, § 4, 2-20-95; Ord. No. 1291, § 5, 6-17-24)

(a)

Permitted uses. In the C1 central commercial district, the following buildings and uses are permitted:

(1)

Any use permitted in the R1 residential district.

(2)

Automotive sales and service, such as filling or service stations, commercial garages, enclosed salesrooms, and enclosed buildings for vehicle repair.

(3)

Business service, such as banks, office buildings, and postal stations.

(4)

Clothing services, such as laundry agencies, self-service laundries, dressmaking, millinery, shoe repair and dry cleaning and pressing establishments and using only cleaning materials safe from fire hazards.

(5)

Equipment service, such as radio shops, electric appliance shops, record shops.

(6)

Personal service, such as barber shops, beauty salons, reducing salons, and photographic studios.

(7)

Retail sales, such as food markets, drugstores, haberdashers, stationers, newsdealers, apparel shops, showrooms, and flower shops.

(8)

Food service, such as eating and drinking establishments.

(9)

Service establishments and wholesale trade conducted completely within an enclosed building.

(10)

Transportation terminals.

(11)

Warehouse buildings and commercial storage.

(12)

Hotels and motels.

(13)

Accessory or secondary buildings, structures or uses, subordinate and customarily incidental to and located in the same lot with any of the foregoing principal uses, provided that no person who is not a resident of the premises shall be employed in such accessory or secondary use thereof.

(b)

Height and area requirements. The required height and area regulations in the C1 central commercial district are as follows:

Maximum Building Height

Minimum Lot Requirements for new family dwelling structures

(Code 1982, §§ 15-206.01, 15-206.02; Ord. No. 1131, § 1, 1-15-07; Ord. No. 1280, § 1, 5-15-23; Ord. No. 1291, § 6, 6-17-24)

(a)

Permitted uses. In the C2 outlying commercial district the following buildings and uses are permitted:

(1)

Any use permitted in the R2 residential district.

(2)

Automotive sales and service, such as filling or service stations, commercial garages, enclosed salesrooms, and enclosed buildings for vehicular repair.

(3)

Business service, such as banks, office buildings, and postal stations.

(4)

Clothing service, such as laundry agencies, self-service laundries, dressmaking, millinery, shoe repair, and dry cleaning and pressing establishments using only cleaning materials safe from fire hazards.

(5)

Equipment service, such as radio shops, electric appliance shops, record shops.

(6)

Personal service, such as barber shops, beauty salons, reducing salons and photographic studios.

(7)

Retail sales, such as food markets, drugstores, haberdashers, stationers, newsdealers, apparel shops, showrooms, and flower shops.

(8)

Food service, such as eating and drinking establishments.

(9)

Service establishments and wholesale trade conducted completely within an enclosed building.

(10)

Transportation terminals.

(11)

Warehouse buildings and commercial storage.

(12)

Hotels and motels.

(13)

The upper levels above street level of a building may be used for multiple dwellings. No more than 35% of the street level may be used for residential space if there are dwellings on the upper levels.

(14)

Accessory buildings, structures or uses, subordinate and customarily incident to, and located on the same lot with any of the foregoing principal uses.

(b)

Height and area requirements. The required height and area regulations in the C2 outlying commercial district are as follows:

Maximum Building Height

Minimum Lot Requirements

(c)

Special exceptions. In the outlying commercial district, buildings, structures and land may also be used for the special exception designated for an outlying commercial district in section 94-99(b), but only if approved in accordance with standards specified in that section.

(Code 1982, §§ 15-206.03—15-206.05; Ord. No. 1291, § 7, 6-17-24)

(a)

Permitted uses. In the D industrial district the following buildings and uses are permitted:

(1)

Any use permitted in the C2 outlying commercial district except section 94-70(a)(1).

(2)

The manufacturing, assembling, compounding, packaging, processing or treatment of products or raw materials.

(3)

The storage of raw materials to be used in production, goods in process, or manufacturing items.

(4)

Warehouse buildings and commercial or industrial storage.

(5)

Customary general agricultural uses, truck gardening and nurseries.

(b)

Height and area requirements. The required height and area regulations in the D industrial district are as follows:

Maximum Building Height

Minimum Lot Requirements

(c)

Building abutting residential district. Whenever a building in a D industrial district adjoins or abuts a residential district within 100 feet therefrom, such buildings shall not exceed three stories or 45 feet in height unless it is set back one foot from the required side and rear yard lines for each additional foot of height above 45 feet.

(d)

Special exceptions. Special exceptions may be granted in the D industrial district for such construction and uses as may be advantageous for the convenience of the public, the promotion of health, safety, morals or general welfare, providing such construction and use meet the standards set forth in section 94-99.

(Code 1982, §§ 15-207.01—15-207.04)