1. Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.
2. Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, County and State regulations.
3. District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
4. Yard reduction or joint use.
   1. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
   2. No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.
5. Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
6. Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.

(Code 1991, § 13-1-10)

Only the following uses and their essential services may be allowed in any district:

1. Permitted uses. Permitted uses, being the principal uses, specified for a district.
2. Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
3. Conditional uses.
   1. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article VI of this chapter excepting those existent at time of adoption of the zoning code.
   2. Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the Plan Commission in accordance with Article VI of this chapter.
   3. Conditional uses authorized by the Plan Commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
   4. Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article VI of this chapter.
4. Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in NCC 13.08.310 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Plan Commission, in accordance with the following procedure:
   1. Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.
   2. Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the chapter and to recommend its classification.
   3. Determination. The determination of the Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in NCC 13.08.310.
   4. Effective date of determination. At the time of this determination of the classification of the unlisted use by the Board of Appeals, the classification of the unlisted use shall become effective.

(Code 1991, § 13-1-11)

1. Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 40 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
2. Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The Plan Commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
3. Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
4. Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
5. Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.
6. Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
7. Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
8. Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding.
9. Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.
10. Dwelling units. No cellar, basement or unfinished home, garage, tent, trailer or accessory building shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.
11. Animal yards. Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located no closer than 200 feet from any property line, shall provide automobile and truck egress, shall provide parking and loading spaces, so designed as to minimize traffic hazard and congestion, proponent shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to adjoining property or uses.
12. Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Common Council.

(Code 1991, § 13-1-12)

The following shall not be placed for storage or residential use in any zoning district in the City: shipping containers, semi-trailers, truck bodies, mobile offices, storage containers, semi-trailers, truck bodies, mobile offices, storage containers or other similar conveyances either with or without wheels.

1. Exception for contactors use. In any zoning district, contractors may temporarily use the above listed conveyances in conjunction with a construction project duly authorized by a permit issued by the City for a construction project, alteration project or demolition project.
2. Exception for household or commercial moving purpose. In any zoning district, contractors may temporarily use the above listed conveyances in conjunction with a construction project duly authorized by a permit issued by the City for a construction project, alteration project or demolition project.
3. Exception for industrial or commercial district. Shipping containers or similar conveyances may be permanently placed outdoors in accordance with the following requirements:
   1. The use of this container, and its contents, shall be accessory to the principle building or use of the premises.
   2. Container shall not be permitted on vacant lots.
   3. Container shall be permitted in the rear yard only and shall be placed on a pad consisting of stone, gravel, concrete, asphalt or any combination of those materials.
   4. Container location shall comply with the setbacks requirements as if it were an accessory building.
   5. The removal of the shipping container or similar conveyance may be ordered by the City if it becomes a public nuisance. The cost for such removal shall be paid by the property owner. If the property owner is negligent in paying for its removal, the City may charge the removal against the property.
   6. The Zoning Administrator shall issue a permit prior to the placement of the shipping container or similar conveyance.

1. Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accordance with the following:
   1. Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
   2. Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lots, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.
   3. Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
   4. Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
   5. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
2. Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
   1. Architectural projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, landings and fire escapes may project into any required yard; but such projection shall not exceed two feet.
   2. Residential fences are permitted two-to-three feet off of the property lines in residential districts but shall not in any case exceed a height of six feet, shall not exceed a height of 42 inches in the front street yard and shall not be closer than two-to-three feet to any public right-of-way. In other zoned districts, fences are permitted to be placed two-to-three feet away from property lines with a maximum height of six feet for boundary fencing. Sec 13.08.1330 (a), (b) and (c) shall be followed for other types of fencing and placement. Permits are required by the Zoning Administrator.
   3. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height. Permits are required by the Zoning Administrator.
   4. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
   5. Landscaping and vegetation are exempt from the yard requirements of this chapter.
3. Lot width and area; pre-existing lots. Requirements as to lot width and area for the construction of a one-family dwelling shall not apply to any lot having less than the required area or width at the time of adoption of this Chapter or any amendment thereof increasing the area of width required for such lot, and held at the time in separate ownership from that of adjoining land, provided that the area and the width of such existing lot shall be no less than 75 percent of the required minimum.
4. Average building setbacks. In residential districts, except for corner lots, required setbacks shall be modified in the following cases:
   Where 50 percent or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.
5. Corner side yards. The required side yard on the street side of corner lots shall be at least 50 percent greater than the minimum specified for the district.

(Code 1991, § 13-1-13)

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 1991, § 13-1-14)

Screening or fencing as required by this chapter shall be subject to the following provisions:

1. Approval required. Any use or conditional use listed in this chapter requiring screening or fencing shall be permitted only when authorized by the City and subject to its approval of a screening or fencing plan for that particular use.
2. Objective. Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening for enclosure purposes by the City, such as around outdoor storage yards and industrial property lines, salvage yards, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for:
   1. Screening of objectionable views.
   2. Adequate shade.
   3. Enclosure of storage materials.
   4. Public health and safety.
   5. A suitable setting for the particular use and other facilities.
3. Extent.
   1. Screen planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved.
   2. Other planting. For mobile home parks and trailer camps, other planting should be adequate in size. Quantity and character to provide an attractive setting for the mobile homes, trailers and other improvements, to provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare and to afford summer shade.
   3. Existing planting. Acceptable as required planting to the extent that it is equivalent, suitable and preserved in good condition.
   4. Fences and walls. Appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather and use.
   5. Proper maintenance required. All screenings, fences and walls required by this chapter shall be maintained so as not to provide an objectionable view by themselves.
4. Required buffer strips in industrial districts. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any Industrial-Residential boundary, a buffer strip not less than 30 feet in width, as measured at right angles to said lot line. Plant materials at least six feet in height, of such variety and growth habits as to provide a year-round effective visual screen when viewed from the residential district, shall be planted within the exterior 25 feet abutting the residential district. If the required planting screen is set back from the Industrial-Residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

(Code 1991, § 13-1-15)

1. Applicability and procedure. Where, by the terms of this chapter, a site plan is required in connection with any use or structure, such site plan shall be submitted coincident with an application for a building permit or special exception, as the case may be. The Administrator shall forthwith circulate the site plan for comment by the Plan Commission and any other City officer which may have a responsibility for or interest in an aspect of the development. Within 30 days of submittal, the Administrator shall transmit the site plan along with all pertinent comment to the Plan Commission for their consideration. Except as required in connection with a special exception, no public notice and hearing is required for site plan consideration but such matters shall be handled in public session as part of a previously prepared agenda. All matters relating to site plan consideration shall be a public record. In cases where a site plan is submitted in connection with an application for a special exception, public notice and hearing is required. Site plan approval shall require formal action of the Plan Commission.
2. Contents. A site plan required to be submitted by the terms of this chapter shall contain the following elements, where applicable:
   1. Statements of ownership and control of the proposed development.
   2. Statement describing in detail the character and intended use of the development.
   3. A site plan containing the title of the project and the names of the project planner and developer, date, and north arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show boundaries of the project, any existing streets, buildings, watercourses, easements, and section lines; exact location of all buildings and structures; access and traffic flow; off-street parking and off-street loading area; recreation facilities locations; and access of utilities and points of utility hookups.
   4. Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses.
   5. Tabulations showing the derivation of numbers of off-street parking and loading spaces and total project density (i.e., dwelling units per gross acre or floor area ratio, as applicable).
   6. Architectural definitions for buildings in the development; exact number of units, sizes, and types, together with typical floor plans of each type.
   7. Storm drainage and sanitary sewage plans.
   8. If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, homeowners' associations, surety arrangements, or other legal instruments providing adequate guarantee to the City that such common facilitates will not become a future liability for the City.
   9. Plans for signs, if any.
   10. In the industrial districts, plans for the exterior walls of all buildings, lighting, outside storage and industrial processes and materials pertinent to conformance with the industrial performance standards herein.
   11. Such additional data, maps, plans or statements as may be required for the particular use or activity involved or as the applicant, Administrator or Plan Commission may believe is pertinent.
3. Amendments to site plan. A site plan required to be approved by the Plan Commission under this section shall not be modified as to any of the elements contained in Subsection (b) of this section unless approved by the Plan Commission. This requirement shall not be varied with the exception of the access of utilities and points of utility hookups required under Subsection (b)(3) of this section.

(Ord. No. 09-98-01, § 13-1-19, 9-21-1998)