This chapter presents the zoning district regulations. Zoning districts are established to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The following base districts and overlay districts are established. Table 17.04.A displays the purposes of these districts.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

A base district designation shall apply to each lot or site within the city and its planning jurisdiction. A site must be in one base district.

B.

Overlay districts may be applied to any lot, site, or portion thereof in addition to a base district designation. The overlay districts are designed to achieve the following objectives:

1.

To recognize special conditions in specific parts of the city which require specific regulation.

2.

To provide for the protection of special features in the natural and built environment of the city.

3.

To allow for change and adaptability to different needs and trends in land development.

4.

To encourage comprehensive neighborhood and environmental planning in the city and to protect the integrity of vital city services.

5.

To provide development flexibility and encourage innovative design through comprehensively planned projects.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

References in this title to less intensive or more intensive districts shall be deemed to refer to those agricultural, residential, commercial, civic, and industrial base zoning districts established in Section 17.04.020, and shall represent a progression from the AG agricultural district as the least intensive to the GI general industrial district as the most intensive. The overlay districts shall not be included in this reference.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Adoption of Zoning Map. Boundaries of zoning districts established by this chapter shall be shown on the zoning map maintained by the city clerk. This map shall bear the signature of the mayor, attested by the city clerk under the certification that this is the zoning map referred to by this title. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of and concurrent with this title. The zoning map shall be on file with the city clerk and shall be readily accessible to the public at Oskaloosa City Hall.

B.

Changes to the Zoning Map. The city council may, from time to time, adopt a new zoning map that shall supersede the prior zoning map:

1.

If the zoning map becomes damaged or destroyed.

2.

For purposes of clarity, due to a number of boundary changes.

3.

To correct drafting errors or omissions provided, however, that any such adoption shall not have the effect of amending the original zoning ordinance or any subsequent amendment thereof.

C.

Authority. The zoning map and amending ordinances shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

D.

Conflicts. In the event of a conflict between the zoning map and an approved legal description of an amending ordinance, the legal description governs. In other cases, the rules under Section 17.04.060 Interpretation of district boundaries apply.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The following rules shall apply in determining the boundaries of any zoning district shown on the zoning map.

A.

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.

B.

Where district boundaries are indicated as within streets, alleys, railroads, streams, creeks, or other identifiable rights-of-way, the centerline of such rights-of-way shall be deemed the district boundary.

C.

Where a district boundary divides a property, the location of the boundary shall be determined using the scale appearing on the zoning map.

D.

Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.

E.

Where district boundaries are indicated as approximately following section lines, quarter-section lines, or quarter-quarter section lines, such lines shall be considered the district boundaries.

F.

Boundaries not capable of being determined as set forth in subsections A through E of this section shall be as dimensioned on the zoning map or, if not dimensioned, shall be determined by the scale shown on the map.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former centerline.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

All unimproved or agricultural territory that may be annexed to the city shall be considered as lying in the AG agricultural district until such classification shall be changed as provided by this title. Any improved property annexed into the city shall be zoned according to the zoning district that most nearly describes its present use or the use proposed by Oskaloosa's Comprehensive Plan. This zoning shall be established by the PZ commission and the city council at the time of annexation.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Except as specified in this chapter, no building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this title for the district in which the building or land is located.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The standards listed in Section 17.04.110 Land Use Matrix apply to development on all parcels in the city upon the effective date of this title. Existing uses that do not comply with the land use matrix shall be subject to the requirements of Chapter 17.10 Nonconforming Development.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Within zoning districts in the city, different uses are permitted with different conditions. These are displayed in the use matrix. Levels of permission include:

A.

Uses permitted by right. These uses are permitted subject to the issuance of a building permit by the zoning administrator, subject only to compliance with all regulations of this title. Uses permitted by right might be subject to supplemental regulations contained in this title. These uses are indicated in the use matrix by a "P" in the applicable cell.

B.

Conditional uses. These uses are subject to the approval of a conditional use permit by the board of adjustment, following the procedure set forth in Subsection 17.11.040.G Conditional Use Permit. These uses are indicated in the use matrix by a "C" in the applicable cell.

C.

Site plan approval. Some use types require supplemental regulations and approval by the zoning administrator, or the PZ commission based on specific criteria for review. This procedure is set forth in Subsection 17.11.040.L Site Plan Review. These uses are indicated in the use matrix by an asterisk (*) following the citing of a specific use type.

D.

Uses that are Not Listed. Uses that are not listed are subject to the requirements below to determine their application in this title.

1.

If a proposed use is not specified in Section 17.04.110 Land Use Matrix, the zoning administrator has the authority to decide that the use is either a subcategory of a permitted or conditional use or a use that is functionally similar to a permitted or conditional use. If the zoning administrator authorizes the use, then all standards of the similar use apply.

2.

If the zoning administrator determines that a proposed use is not a subcategory of or functionally similar to a permitted or conditional use, then the use is prohibited.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Accessory uses and structures are permitted in any district in connection with any principal use lawfully existing within such district when located in the same district as the principal use or in an adjoining district in which the principal use is permitted. Accessory uses and accessory structures include but are not limited to, those set out in Table 17.04.D Permitted Accessory Uses.

A.

General Requirements. No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory and shall comply with the regulations of the applicable zoning district.

B.

Supplemental Standards. Specific standards, where applicable, are described in Chapter Supplemental Site Standards and Section 17.06.120 Supplemental Standards—Accessory Uses for development regulations.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

These provisions are intended to permit occasional, temporary uses and activities when consistent with the objectives of this title and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses. Temporary uses include, but are not limited to, those set out in Table 17.04.E Permitted Temporary Uses.

A.

Required Conditions of All Temporary Uses.

1.

Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal.

2.

The zoning administrator may establish other conditions which they deem necessary to ensure compatibility with surrounding land uses.

B.

Permit Application and Issuance.

1.

An application to conduct a temporary use shall be made to the zoning administrator. It shall include, at a minimum, a description of the proposed use, a diagram of its location, information regarding hours and duration of operation, and other information necessary to evaluate the application.

2.

The zoning administrator may authorize a temporary use only if they determine that:

a.

The use will not impair the normal operation of a present or future permanent use on the site.

b.

The use will be compatible with surrounding uses and will not adversely affect public health, safety, and welfare.

c.

The duration of the permit shall be explicitly stated on the permit.

d.

Decisions of the zoning administrator may be appealed to the board of adjustment.

C.

Supplemental Standards. Specific standards, where applicable, are described in Chapter 17.06 Supplemental Site Standards and Section 17.06.130 Supplemental Standards—Temporary Uses for development regulations.

D.

The zoning administrator may approve additional temporary uses if they determine it to be similar to the previously described uses in this section.

(Ord. No. 1465, § 2(Att.), 9-11-2023)