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Morrison City Zoning Code

ARTICLE II

ZONING DISTRICTS

Sec. 62-29.- Establishment of zoning districts.

In order to classify, regulate, and restrict the location of specified uses, and to regulate the height and bulk of the buildings for those specified uses, the city is divided into the following zoning districts:

Residential Districts
R-1 Single-Family Residential
District
R-2 General Residential District
R-3 Multiple-Family Residential
District
R-R Rural Residential Low-Density District
Commercial Districts
C-1 Central Business District
C-2 General Business District
C-3 Automobile-Oriented Business District
Industrial Districts
I-1 Office and Light Industrial
District
I-2 Heavy Industrial District

 

(Code 1977, § 17.12.010; Ord. No. 06-04, 2006)

Sec. 62-30. - Zoning map.

The locations and boundaries of the districts established herein are shown upon the zoning map, which is incorporated into this chapter. The zoning maps together with all notations, references, and other information shown thereon, and all amendments thereto, shall be a part of this chapter and shall have the same force and effect as if the zoning map together with all notations, references and other information shown thereon, were fully set forth and described herein. The city shall publish the zoning map, together with all notations, references, and other information shown thereon annually unless there have been no changes affecting the information shown thereon since the last publication. The map published by the city shall be the official zoning map and if changes or amendments are made prior to the annual publication, a certified, corrected official zoning map, which shall be the final authority as to the current zoning status of any area, building, structure, or use within the city and its zoning limits.

(Code 1977, § 17.12.020; Ord. No. 06-04, 2006)

Sec. 62-31. - New or annexed land.

Land hereafter annexed to the city that is not classified or otherwise regulated by this chapter shall be classified at the time of annexation.

(Code 1977, § 17.12.030; Ord. No. 06-04, 2006)

Sec. 62-32. - Boundary lines.

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, alleys, public ways, or highways, shall be interpreted as following such centerlines.

(2)

Lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Corporate limits. Boundaries indicated as approximately following the corporate limits of the city shall be construed as following such limits.

(4)

Lot of record. Where a district boundary line divides a lot of record in existence at the time of passage of the ordinance from which this chapter is derived, the entire lot may be construed as being within the less restricted district.

(Code 1977, § 17.12.040; Ord. No. 06-04, 2006)

Sec. 62-33. - Contiguous unincorporated land.

The powers, limits, and duties established by this chapter may be exercised within the corporate limits of the city and within contiguous unincorporated territory not more than 1½ miles beyond the corporate limits of the city and in accordance with applicable state statutes.

(Code 1977, § 17.12.050; Ord. No. 06-04, 2006)

Sec. 62-34. - Zoning of streets, alleys, public ways, and railroad right-of-way.

All streets, alleys, public ways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting. Where the centerline of a street, alley, public way, or railroad right-of-way serves as a district boundary, the zoning of such areas, when otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(Code 1977, § 17.12.060; Ord. No. 06-04, 2006)

Sec. 62-35. - Supplementary district regulations and standards.

(a)

Height. The height of a main or principal building structure or accessory building may exceed the maximum permitted height by one foot per each additional three feet by which the width of each yard exceeds the minimum dimension for the district in which such structure is located. In no case shall the principal building exceed 50 feet in height.

(b)

Corner lot. On a corner lot in any district, development shall conform to the requirements of the visibility triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three feet and eight feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 30 feet from their point of intersection, or at equivalent points on private streets, except that the visibility triangle may be increased or decreased when deemed necessary for traffic safety or lot requirement exceptions by the city council.

(c)

Home occupation. Within a residential district home occupations may be operated as follows:

(1)

An occupation or profession which is conducted in a principal building or dwelling unit; conducted entirely by residents of the family occupying the unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes when the establishment and operation of the business is determined not to be of adverse impact upon adjoining residential use. The types of businesses to be considered for administrative approval include, but are not limited to: architect; accountant; decorator; seamstress; typist; telephone sales; and beautician.

a.

The proposed use is necessary and/or desirable to provide a service which is in the interest of public convenience and will contribute to the general welfare of the community;

b.

The proposed use will not, under the circumstances of the particular use, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity;

c.

That the proposed operation shall not involve any retail or wholesale business, except as such may be incidental to the rendering of a personal service;

d.

There shall be no change in the outside appearance of the building or premises, no exterior display, no exterior storage of materials and not other exterior indication of the home occupation or variation from the residential character of the principal building. One sign not exceeding four square foot in area, nonilluminated, and mounted flat against the wall of the principal building may be permitted;

e.

No home occupation shall be conducted in any accessory building;

f.

No nuisance shall be generated, including but not necessarily limited to offensive noise, vibration, smoke, dust, odors, heat, or glare;

g.

No parking of trucks or commercial vehicles larger than 1½ tons is permitted. Off-street parking shall be in accordance with article IX of this chapter;

h.

The occupation or profession shall not utilize more than 20 percent of the dwelling unit floor area;

i.

A certification license shall be obtained prior to operating a business, if necessary;

j.

The home occupation must renew a certificate of occupancy permit every two years.

(2)

Any business not qualified to operate under administrative approval, may be permitted as a special use by the city council upon recommendation of the planning and zoning board in accordance with the procedures outlined in this chapter and in chapter 2. Such special use shall only be granted upon a finding that its establishment and operation will not have an adverse effect on adjoining residential use; that sufficient on-site parking will be provided so that no noticeable increase in on-street parking will result; no increased traffic hazard due to entry or exiting of vehicles will result; that delivery vehicles, if any, serving the home occupation will be of the size and type commonly observed on the street of the residential district; and that the occupation involves no retail or wholesale business or manufacture, except as such may be an integral part of, and clearly incidental to, the rendering of a personal or professional service.

(3)

Eligibility. A home occupation permit is intended for the operation of a one person, nonretail business offering personal or professional service; medical and dental services are not eligible for a permit.

(4)

Application and filing fee. Individuals seeking a home occupation permit must submit an application to the zoning administrator accompanied by a filing fee as determined by the city council.

(5)

Notice of request. Written notice of the applicant's request will be provided to owners of property adjacent to, abutting, or across the road, street, or alley in question. Affected property owners will be given ten days to file comments and/or objections to the requested permit.

(6)

Approval of request. If affected property owners file no objection within ten days, and all other conditions are met, a permit to operate will be issued by the zoning administrator. If an affected property owner files an objection, the permit request must be denied. In such an event, the applicant may seek a special use permit as provided in this Code.

(7)

Nontransferability. A home occupation permit is issued to the business owner/operator named on the application and is a nontransferable use.

(8)

The fee for issuance of a home occupation permit shall be as provided in the city fee schedule.

(d)

Telecommunications structures.

(1)

In all districts, ground- or roof-mounted telecommunications structures as accessory structures shall be permitted. Ground-mounted structures shall only be located in side or rear yards; the structure shall not be located in a front yard. In the case of a corner lot, no structure shall be located closer to the public street than the principal structure.

(2)

No telecommunications structure shall be located closer than ten feet from the side or rear lot line and no such structure shall be located on an easement unless the conditions cannot be met due to an unreasonable increase in cost or precluding the receiving or transmitting of an acceptable signal.

(3)

Each satellite receiving antenna shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties.

(4)

Telecommunications structures and their corresponding structural components shall not endanger the health and safety of the residents of the city.

(Code 1977, § 17.12.070; Ord. No. 06-04, 2006)

Sec. 62-36. - Exemptions from regulations and standards.

If more than one principal building, other than in a planned unit development, is built upon a single lot, each building shall satisfy the setback requirements of this chapter in the same manner and degree as if they were on two or more separate lots.

(Code 1977, § 17.12.080; Ord. No. 06-04, 2006)