ZONING DISTRICT REGULATIONS
Zoning districts are established in the zoning regulations to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.
(Code 1970, § 38-25; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The following base districts and overlay districts are hereby established. These districts correspond to the land use districts established by the city comprehensive plan.
(Code 1970, § 38-26; Ord. No. 3088, § 2(exh. A), 12-1-2015)
(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 and special districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.
(Code 1970, § 38-27; Ord. No. 3088, § 2(exh. A), 12-1-2015)
References in this chapter to less intensive or more intensively urbanized districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in section 38-107, and shall represent a progression from the AG Agricultural District as the least intensively urbanized to the I-2 General Industrial District as the most intensively urbanized.
(Code 1970, § 38-28; Ord. No. 3088, § 2(exh. A), 12-1-2015)
For each zoning district, permitted uses are set forth in the use matrix. Individual sections describe the purpose and specific development regulations for each zoning district. Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in the use matrix. Permitted accessory uses are indicated in Supplemental use regulations: Accessory uses, sections 38-876 and 38-877.
(Code 1970, § 38-29; Ord. No. 3088, § 2(exh. A), 12-1-2015)
(a)
Adoption of zoning map. Boundaries of zoning districts established by these zoning regulations 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 official zoning map referred to by this chapter. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of, and concurrent with these regulations. Said zoning map shall be on file with the city clerk and shall be readily accessible to the public at city hall.
(b)
Changes to the zoning map. The city council may from time to time adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or 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.
(Code 1970, § 38-30; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The following rules shall apply in determining the boundaries of any zoning district shown on the zoning map.
(1)
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.
(2)
Where district boundaries are indicated as within street or alley, railroad, streams or creeks, or other identifiable rights-of-way, the centerline of such rights-of-way shall be deemed the district boundary.
(3)
Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.
(4)
Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
(5)
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.
(6)
Boundaries not capable of being determined as set forth in subsections (1) through (5) of this section shall be as dimensioned on the official zoning map or if not dimensioned shall be determined by the scale shown on the map.
(Code 1970, § 38-31; Ord. No. 3088, § 2(exh. A), 12-1-2015)
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.
(Code 1970, § 38-32; Ord. No. 3088, § 2(exh. A), 12-1-2015)
All unimproved or agricultural territory that may hereafter be annexed to the city shall be considered as lying in the agricultural/urban reserve (AG) district until such classification shall be changed as provided by this chapter. Any improved property that is annexed into the city shall be zoned according to the zoning district that most nearly describes either its present use or the use proposed by the city's comprehensive plan. This zoning shall be established by the planning and zoning commission and the city council at the time of annexation.
(Code 1970, § 38-33; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The listing of land uses incorporated into the use matrix comes directly from the listing of use types defined in article III of this chapter. Within zoning districts in the city, different uses are permitted with different conditions. These permitted uses and conditions are displayed in the use matrix. Levels of permission include:
(1)
Uses which are permitted by right. These uses are permitted subject to issuance of an occupancy permit by the zoning administrator, subject only to compliance with all regulations of this chapter. Uses permitted by right might be subject to supplemental regulations contained in this chapter. These uses are indicated in the use matrix by a "P" in the applicable cell.
(2)
Conditional uses. These uses are subject to approval of a conditional use permit by the zoning board of adjustment, following the procedure set forth in section 38-998. These uses are indicated in the use matrix by a "C" in the applicable cell.
(3)
Site plan approval. Some use types require a site plan approval by the planning and zoning commission/city council, based on specific criteria for review. This procedure is set forth in Appendix F to this Code. These uses are indicated in the use matrix by an asterisk following the listing of a specific use type.
Table 38-115. Use Matrix
Note: For definition of use types, see article III of this chapter.
P = Permitted by right.
C = Permitted by conditional use permit.
X = Explicitly not permitted (for reference).
Blank = Use not permitted in zoning district.
(Code 1970, § 38-34; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3167, § 2, 12-3-2019; Ord. No. 3171, § 2, 4-7-2020; Ord. No. 3192, § 3, 4-19-2022)
The regulators set forth in the tables in articles V through XXVII of this chapter establish the limits and requirements for most development in the city and its extra-territorial jurisdiction. This section is intended to provide guidance for applying the regulators contained in these tables.
(1)
Site area per housing unit. This indicates the gross land area per unit within a residential development. For example, a 40-lot subdivision on a ten-acre (435,600 square foot tract) will have a site area per unit of 10,890 square feet. Site area per unit, which measures gross density, may differ from minimum lot size.
(2)
Minimum lot area. This indicates the minimum size of a legally described and recorded parcel upon which development can take place. As noted above, minimum lot area and site area per unit may not be the same.
(3)
Minimum lot width. This is the required minimum distance connecting at points along opposite side lot lines, measured at the required front yard setback. For example, the lot width of an irregular lot in a district requiring a 25-foot front yard setback is determined by:
a.
Locating the points along each side lot line at a distance of 25 feet back from the front property line.
b.
Drawing a line connecting these two points.
c.
Measuring the length of this line. The length is the lot width.
(4)
Minimum yards. These define the required setbacks of buildings from front, side, and rear property lines. While the yard requirements apply to a majority of development, the chapter provides for a number of exceptions. Some of these include:
a.
Planned unit developments. Front yard setbacks can be varied within planned unit developments, which are reviewed and approved by the city council after a recommendation from the planning and zoning commission.
b.
Major streets. The city may require greater than normal setbacks along segments of the city's arterial street system, as defined in the comprehensive development plan.
c.
Flexibility provided by supplemental development regulations. Article XXVIII of this chapter establishes supplemental regulations, many of which provide flexibility or variations in setback regulations for specific contexts.
d.
Maximum setbacks. Some specific zoning districts provide maximum as well as minimum setbacks. These setbacks establish "build-to" lines that may be necessary to protect the appearance and character of special urban districts.
(5)
Maximum height. Height normally measures the vertical distance from the established grade to the highest point of a building. However, as established by the definition of height, the point of measurement may vary for different types of buildings and roof slopes.
(6)
Maximum amount of total parking in street yard. This controls the maximum amount of parking that can be located in the area between a building facade and the street. When applied in certain zoning districts, it is intended to reduce the number of cars seen from the street, encourage site planning which locates parking in rear and side yards, and produce a stronger relationship between buildings and streets. For example, a project with 100 parking stalls and a 50 percent limit on the amount of parking located in street yards must locate 50 of its stalls in rear or side yards without street exposure.
(7)
Minimum depth of landscaping adjacent to street rights-of-way. This establishes the depth of landscaping that must be provided on private property adjacent and in from the right-of-way line. Thus, if the required minimum depth is 15 feet, a project must landscape the first 15 feet of its site back from the right-of-way line. All landscaping must be done in accordance with article XXIX of this chapter, landscaping and screening standards.
(8)
Minimum buffer yard requirements. This establishes the depth of a buffer yard that must be provided by intensive land uses adjacent to primarily residential land uses in residential zoning districts. All landscaping must be done in accordance with article XXIX of this chapter, landscaping and screening standards.
(9)
Supplemental use regulations. Certain permitted uses require satisfaction of specific requirements in order to function successfully in their urban or rural contexts. These supplemental requirements are set forth in article XXVIII of this chapter. These requirements are cross-referenced in the "Supplementary Regulations" column of the use matrix.
(Code 1970, § 38-35; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3093, § 2, 4-19-2016)
Provided that each use type is permitted in the individual base zoning district in which the structure or development is located, mixed-use buildings and mixed-use development shall be permitted in the following zoning districts:
(1)
C-I Neighborhood commercial district.
(2)
C-2 Community commercial district.
(3)
C-3 Commercial mixed-use district.
(4)
C-4 Downtown mixed-use district.
(5)
I-1 Limited industrial district.
(Ord. No. 3192, § 4, 4-19-2022)
ZONING DISTRICT REGULATIONS
Zoning districts are established in the zoning regulations to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.
(Code 1970, § 38-25; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The following base districts and overlay districts are hereby established. These districts correspond to the land use districts established by the city comprehensive plan.
(Code 1970, § 38-26; Ord. No. 3088, § 2(exh. A), 12-1-2015)
(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 and special districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.
(Code 1970, § 38-27; Ord. No. 3088, § 2(exh. A), 12-1-2015)
References in this chapter to less intensive or more intensively urbanized districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in section 38-107, and shall represent a progression from the AG Agricultural District as the least intensively urbanized to the I-2 General Industrial District as the most intensively urbanized.
(Code 1970, § 38-28; Ord. No. 3088, § 2(exh. A), 12-1-2015)
For each zoning district, permitted uses are set forth in the use matrix. Individual sections describe the purpose and specific development regulations for each zoning district. Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in the use matrix. Permitted accessory uses are indicated in Supplemental use regulations: Accessory uses, sections 38-876 and 38-877.
(Code 1970, § 38-29; Ord. No. 3088, § 2(exh. A), 12-1-2015)
(a)
Adoption of zoning map. Boundaries of zoning districts established by these zoning regulations 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 official zoning map referred to by this chapter. This map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of, and concurrent with these regulations. Said zoning map shall be on file with the city clerk and shall be readily accessible to the public at city hall.
(b)
Changes to the zoning map. The city council may from time to time adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or 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.
(Code 1970, § 38-30; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The following rules shall apply in determining the boundaries of any zoning district shown on the zoning map.
(1)
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.
(2)
Where district boundaries are indicated as within street or alley, railroad, streams or creeks, or other identifiable rights-of-way, the centerline of such rights-of-way shall be deemed the district boundary.
(3)
Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.
(4)
Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.
(5)
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.
(6)
Boundaries not capable of being determined as set forth in subsections (1) through (5) of this section shall be as dimensioned on the official zoning map or if not dimensioned shall be determined by the scale shown on the map.
(Code 1970, § 38-31; Ord. No. 3088, § 2(exh. A), 12-1-2015)
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.
(Code 1970, § 38-32; Ord. No. 3088, § 2(exh. A), 12-1-2015)
All unimproved or agricultural territory that may hereafter be annexed to the city shall be considered as lying in the agricultural/urban reserve (AG) district until such classification shall be changed as provided by this chapter. Any improved property that is annexed into the city shall be zoned according to the zoning district that most nearly describes either its present use or the use proposed by the city's comprehensive plan. This zoning shall be established by the planning and zoning commission and the city council at the time of annexation.
(Code 1970, § 38-33; Ord. No. 3088, § 2(exh. A), 12-1-2015)
The listing of land uses incorporated into the use matrix comes directly from the listing of use types defined in article III of this chapter. Within zoning districts in the city, different uses are permitted with different conditions. These permitted uses and conditions are displayed in the use matrix. Levels of permission include:
(1)
Uses which are permitted by right. These uses are permitted subject to issuance of an occupancy permit by the zoning administrator, subject only to compliance with all regulations of this chapter. Uses permitted by right might be subject to supplemental regulations contained in this chapter. These uses are indicated in the use matrix by a "P" in the applicable cell.
(2)
Conditional uses. These uses are subject to approval of a conditional use permit by the zoning board of adjustment, following the procedure set forth in section 38-998. These uses are indicated in the use matrix by a "C" in the applicable cell.
(3)
Site plan approval. Some use types require a site plan approval by the planning and zoning commission/city council, based on specific criteria for review. This procedure is set forth in Appendix F to this Code. These uses are indicated in the use matrix by an asterisk following the listing of a specific use type.
Table 38-115. Use Matrix
Note: For definition of use types, see article III of this chapter.
P = Permitted by right.
C = Permitted by conditional use permit.
X = Explicitly not permitted (for reference).
Blank = Use not permitted in zoning district.
(Code 1970, § 38-34; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3167, § 2, 12-3-2019; Ord. No. 3171, § 2, 4-7-2020; Ord. No. 3192, § 3, 4-19-2022)
The regulators set forth in the tables in articles V through XXVII of this chapter establish the limits and requirements for most development in the city and its extra-territorial jurisdiction. This section is intended to provide guidance for applying the regulators contained in these tables.
(1)
Site area per housing unit. This indicates the gross land area per unit within a residential development. For example, a 40-lot subdivision on a ten-acre (435,600 square foot tract) will have a site area per unit of 10,890 square feet. Site area per unit, which measures gross density, may differ from minimum lot size.
(2)
Minimum lot area. This indicates the minimum size of a legally described and recorded parcel upon which development can take place. As noted above, minimum lot area and site area per unit may not be the same.
(3)
Minimum lot width. This is the required minimum distance connecting at points along opposite side lot lines, measured at the required front yard setback. For example, the lot width of an irregular lot in a district requiring a 25-foot front yard setback is determined by:
a.
Locating the points along each side lot line at a distance of 25 feet back from the front property line.
b.
Drawing a line connecting these two points.
c.
Measuring the length of this line. The length is the lot width.
(4)
Minimum yards. These define the required setbacks of buildings from front, side, and rear property lines. While the yard requirements apply to a majority of development, the chapter provides for a number of exceptions. Some of these include:
a.
Planned unit developments. Front yard setbacks can be varied within planned unit developments, which are reviewed and approved by the city council after a recommendation from the planning and zoning commission.
b.
Major streets. The city may require greater than normal setbacks along segments of the city's arterial street system, as defined in the comprehensive development plan.
c.
Flexibility provided by supplemental development regulations. Article XXVIII of this chapter establishes supplemental regulations, many of which provide flexibility or variations in setback regulations for specific contexts.
d.
Maximum setbacks. Some specific zoning districts provide maximum as well as minimum setbacks. These setbacks establish "build-to" lines that may be necessary to protect the appearance and character of special urban districts.
(5)
Maximum height. Height normally measures the vertical distance from the established grade to the highest point of a building. However, as established by the definition of height, the point of measurement may vary for different types of buildings and roof slopes.
(6)
Maximum amount of total parking in street yard. This controls the maximum amount of parking that can be located in the area between a building facade and the street. When applied in certain zoning districts, it is intended to reduce the number of cars seen from the street, encourage site planning which locates parking in rear and side yards, and produce a stronger relationship between buildings and streets. For example, a project with 100 parking stalls and a 50 percent limit on the amount of parking located in street yards must locate 50 of its stalls in rear or side yards without street exposure.
(7)
Minimum depth of landscaping adjacent to street rights-of-way. This establishes the depth of landscaping that must be provided on private property adjacent and in from the right-of-way line. Thus, if the required minimum depth is 15 feet, a project must landscape the first 15 feet of its site back from the right-of-way line. All landscaping must be done in accordance with article XXIX of this chapter, landscaping and screening standards.
(8)
Minimum buffer yard requirements. This establishes the depth of a buffer yard that must be provided by intensive land uses adjacent to primarily residential land uses in residential zoning districts. All landscaping must be done in accordance with article XXIX of this chapter, landscaping and screening standards.
(9)
Supplemental use regulations. Certain permitted uses require satisfaction of specific requirements in order to function successfully in their urban or rural contexts. These supplemental requirements are set forth in article XXVIII of this chapter. These requirements are cross-referenced in the "Supplementary Regulations" column of the use matrix.
(Code 1970, § 38-35; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3093, § 2, 4-19-2016)
Provided that each use type is permitted in the individual base zoning district in which the structure or development is located, mixed-use buildings and mixed-use development shall be permitted in the following zoning districts:
(1)
C-I Neighborhood commercial district.
(2)
C-2 Community commercial district.
(3)
C-3 Commercial mixed-use district.
(4)
C-4 Downtown mixed-use district.
(5)
I-1 Limited industrial district.
(Ord. No. 3192, § 4, 4-19-2022)