In order to regulate and restrict height and size of buildings and other structures, the percentage of a parcel that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for residential, commercial, industrial or other purposes, the city and the area of extraterritorial jurisdiction is hereby divided into the following districts:

 

(Ord. 2408, 10-1-2012)

The city may designate a zoning overlay district, imposing special regulations upon the properties that fall within a designated overlay district without eliminating the requirements imposed by the underlying land use regulations. (Ord. 2408, 10-1-2012)

   A.   Zoning Map: The official zoning map, with all amendments thereto, is displayed in the office of the public works department and by this reference is made a part hereof as if fully set out at length herein.

   B.   Interpretation Of District Boundaries: Where uncertainty exists as to the exact boundary of any district, the boundaries shall be interpreted as following the nearest logical platted subdivision or parcel lines. When a street is described as a boundary, it shall mean the center of such street right of way. Disputes over boundaries shall be resolved by the city council. (Ord. 2408, 10-1-2012)

In order to ensure that the uses will permit uses similar to those identified in each district, the planning commission, board of adjustment, and city council, upon their own initiative or upon written application, shall determine whether a use not specifically listed as a permitted, accessory, or conditional use in a district shall be deemed a permitted, accessory, or conditional use in one or more districts on the basis of similarity to use specifically listed. (Ord. 2408, 10-1-2012)

   A.   Yard Requirements:

      1.   No part of any yard, other than open space or off street parking or loading space required in connection with any building or use shall be included as part of a yard, open space, loading or parking space of any building or use.

      2.   The front yard depth on any zoning lot and the side yard of the side of a corner zoning lot facing a street, where they abut on a "major street", shall be measured from the proposed right of way line shown on the official major street plan wherever a zoning lot abuts on a designated street.

      3.   Within the city's zoning districts and its extraterritorial jurisdiction, the front yard setback shall commence from the identified right of way property widths as indicated on the adopted city's major street plan; except for the lakeside properties noted in the lake residential (R-L) district. The right of way may be either platted or proposed to be expanded at a future date.

   B.   Dwellings On Lots Of Record: In any district where dwellings are permitted, a single-family dwelling may be located on any zoning lot or plat of official record as of the effective date hereof, any two-family dwelling may be located on any lot or plan in an R-3 residential district that has a zoning lot width of not less than as established in section 10-5D-5 of this title and is of official record as of effective date hereof provided.

   C.   Height Regulations:

      1.   Height limitations contained in any district regulations do not apply to spires, steeples, belfries, cupolas, chimneys, water tanks, ventilators, heating and cooling units, and elevator housing, if attached to a structure.

      2.   All sending and/or receiving towers and/or antennas shall have a maximum height of sixty feet (60') in all residential districts, measured from the building grade level to the highest point of the tower or antenna, including small wind energy systems. (Ord. 2408, 10-1-2012)

   D.   Accessory Buildings And Uses:

      1.   In the R-L, R-1, R-2, R-3, R-4, R-5 and UD districts consisting of residential properties, the accessory buildings and uses are limited to the following:

         a.   Private residential garage (detached).

         b.   A storage shed, garden house, gazebo, pergola, noncommercial greenhouse or pet shelter.

         c.   Swimming pool, tennis court, basketball court, or volleyball court.

         d.   Similar uses customarily incidental to residential uses.

         e.   Detached carports.

         f.   Boathouses (adjacent to a body of water). (Ord. 2527, 1-4-2016)

      2.   No accessory building or use shall be constructed or established upon a zoning lot located in a residential zoning district until the construction of the principal building has actually commenced, and no accessory buildings shall be used unless the principal building on the zoning lot is also being used, unless approved by variance. The exterior appearance and materials shall be consistent with residential construction materials and comparability with the neighboring properties. (Ord. 2512, 4-6-2015)

      3.   The total square footage of all accessory buildings on a zoning lot used for residential in the R-L, R-1, R-2, R-3, R-4, R-5 and UD districts shall not exceed the standards set forth in the respective district descriptions. Exceptions are as follows:

Lots with apartment buildings, townhouses, condominiums, and similar uses. (Ord. 2527, 1-4-2016)

   E.   Rear Yards: For the purposes of rear yard area for corner lots, the portion of the secondary front yard abutting the rear yard shall be included in the rear yard area. For the purposes of calculating the rear yard area for double frontage lots or lots with more than two (2) frontages, the rear yard area shall be opposite the assigned street address.

   F.   Alcohol Sales: Alcohol sales (on- and off-sale) are prohibited in residential districts.

   G.   Conformance:

      1.   Except as otherwise provided in this chapter, all buildings shall be erected, converted, enlarged, reconstructed, structurally altered or used:

         a.   Only for the purpose permitted in the district in which the structure or land is located;

         b.   Only in conformance with the height and minimum lot requirements, and the parking, loading, stacking, and sign regulations and any other applicable requirements of the district in which the structure or land is located; (Ord. 2408, 10-1-2012)

         c.   Only in conformance with federal and state law and in accordance with all municipal ordinances and regulations as may be applicable. Where this title and any other ordinance conflict or overlap, which imposes the more stringent restrictions shall apply.

      2.   The density and yard regulations of this title are minimum regulations for each building existing at the time of the effective date of this title or for any building erected or structurally altered thereafter. No land required for yards, zoning lot frontage or other open spaces adjacent to an existing building or any building hereafter erected or structurally altered shall be considered a yard, frontage, or zoning lot area for more than one building except for a unit group of buildings. (Ord. 2512, 4-6-2015)

      3.   Every building erected or structurally altered after the effective date of this chapter shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in this chapter.

      4.   Cooperatives, corporations, condominiums and all other forms of property ownership do not affect the application of these regulations and all requirements shall apply as though the property were under single ownership. (Ord. 2408, 10-1-2012)

   A.   The use of manufactured homes/structures or modular type buildings for business occupancy and not for residential purposes may be allowed on a temporary basis in the following districts only after an applicant has received a temporary use permit for such use:

 

 

   B.   The term of the temporary use permit for this purpose shall not exceed thirty six (36) months. Under no circumstances may such manufactured home/structure be placed on the property longer than thirty six (36) months.

   C.   An application for temporary use permit under the provisions of this section shall include the proposed plan for use and improvements of the premises following the expiration of the applied for temporary use permit.

   D.   A temporary use approved under this section shall not transfer with the transfer of ownership of the premises in respect to which the temporary use is approved, and temporary use permit shall lapse upon such transfer.

   E.   Wherever the requirements of this title are in conflict with that of any other laws, rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

   F.   The city council may require a bond in an amount as determined by the council, which would cover the costs of the removal of said building after the expiration of the time in which permit was issued for the temporary placement. (Ord. 2408, 10-1-2012)