The city council divides the city into zoning districts, which shall be known by the designations and titles which follow:

(1)

Agricultural districts. AG Agricultural District.

(2)

Residential districts.

a.

R-1 Single-Family Residential District.

b.

R-2 Patio Home and Townhouse District.

c.

R-3 Multifamily Residential District.

d.

MHP Manufactured Home Park District.

(3)

Business districts.

a.

NS Neighborhood Shopping District.

b.

HC Highway Commercial District.

(4)

Industrial districts. M-1 Manufacturing District.

(5)

Special purpose districts.

a.

PUD Planned Unit Development District.

b.

FHZ Flood Hazard Zone District.

c.

L General Purpose Liquor Sales District.

(Zoning Ord. 2019, § 20, 6-24-2019)

(a)

The zoning districts established by this chapter are bounded and defined by an official zoning map which shall be known as the city zoning map and which, together with all explanatory materials contained therein, is made a part of this chapter.

(b)

The official zoning map shall be drawn on durable transparent material from which prints can be made and shall be kept in the office of the zoning administrator.

(c)

The zoning administrator shall update the official zoning map within 90 to 120 days after amendments to it are adopted by the city council.

(d)

Should the official zoning map or any portion thereof be lost, destroyed, damaged, or difficult to interpret because of the nature or number of revisions, the zoning administrator shall have a new map drawn and adopted by resolution of the city council. The new map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the maps. Any map amendment shall follow rezoning amendment procedures contained in this chapter.

(Zoning Ord. 2019, § 21, 6-24-2019)

The rules of this section shall be used to determine the precise locations of any district boundary shown on the city zoning map.

(1)

Boundaries shown as following or approximately following any jurisdictional limits shall be construed as following such limits.

(2)

Boundaries shown as following or approximately following streets, alleys, or rights-of-way shall be construed as following such streets, alleys, or rights-of-way.

(3)

Boundary lines which follow or approximately follow platted lot lines or other property lines as shown on the county tax maps shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.

(5)

Boundaries shown as following or approximately following shorelines of any lakes or ponds shall be construed to follow the mean high water lines of such lakes or ponds. In the event of a change in the mean high water line, the boundaries shall be construed as moving with the actual mean high water line.

(6)

Boundaries shown as following or approximately following the centerline of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel of such watercourses taken at mean low water. In the event of a natural change in the location of such streams, rivers, or other watercourses, the district boundary shall be construed as moving with the channel centerline.

(7)

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in subsections (1) through (6) of this section shall be construed to be parallel to such features. In the absence of specific dimensions, the scale of the map shall determine the distance from such features.

(Zoning Ord. 2019, § 22, 6-24-2019)

Unless otherwise provided, no building, structure, or land shall be used except in the zoning districts indicated by this chapter and according to the regulations of this chapter and other applicable codes and ordinances.

(Zoning Ord. 2019, § 23, 6-24-2019)

A use may be permitted only if it can meet all of the standards of this chapter and other applicable codes and ordinances.

(Zoning Ord. 2019, § 24, 6-24-2019)

(a)

Unless otherwise prevented by this chapter, more than one permitted principal use may be combined on a lot if all of the combined uses are commonly associated with and integrally related to one another. Further, all zoning regulations for each of the combined uses shall be met.

(b)

When an activity, which may or may not be separately listed in the district, is conducted in conjunction with a permitted use in the district as an incidental or insubstantial part of the total activity on a lot, the incidental activity shall be permitted as an accessory use if the combined uses are commonly associated with and integrally related to one another.

(c)

For the purpose of this section, the term "commonly associated" means that the association of such combined uses takes place with sufficient frequency that there is common community acceptance of their relatedness.

(Zoning Ord. 2019, § 25, 6-24-2019)

This chapter recognizes the limitations of the district use listings, given the infinite variations of essentially similar uses. Therefore, the zoning administrator is empowered to make interpretations so as to classify any questioned use as falling within a listed use of similar impact and characteristics. However, in no case shall the zoning administrator interpret a use as falling in one listed use when the use in question is more similar in impact and characteristics to another listed use. Appeal of the zoning administrator's use interpretation may be filed with the zoning board of adjustment.

(Zoning Ord. 2019, § 26, 6-24-2019)

In the event the zoning administrator finds a new or unusual use that cannot appropriately fit a listed use in any district, the following procedures shall be followed:

(1)

If compatible with the existing zoning district intent, the unclassified use shall be permitted by special exception upon approval of and subject to the conditions set by the zoning board of adjustment.

(2)

If the unclassified use is not compatible with the intent of the existing zoning district, the zoning administrator shall determine the most appropriate district classification and require the property in question to be rezoned. In addition, the unclassified use shall be permitted in the new district by special exception if granted approval by the zoning board of adjustment.

(3)

Following the final action on the unclassified use, as subsection (1) or (2) of this section may require, the planning commission shall initiate an amendment to this chapter to list the newly permitted use into the most appropriate districts.

(Zoning Ord. 2019, § 27, 6-24-2019)

(a)

Gross floor area and exterior width. Minimum dwelling unit gross floor area is 1,250 square feet in R-1 districts and 1,000 square feet in all other zoning districts that allow residential construction. Minimum exterior width of dwelling is 20 feet.

(b)

Foundation and slab requirements. All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

(c)

Minimum dwelling unit gross floor area.

(1)

One-bedroom apartments may have a minimum of 700 square feet.

(Zoning Ord. 2019, § 28, 6-24-2019; Ord. No. 585, § 1, 1-22-2024)

The following regulations apply to short term rental of dwellings in all zoning districts except M-1 Manufacturing and MHP Mobile Home Park Districts in the city limits. These regulations do not apply in districts in which commercial lodging is permitted.

(1)

Short-term rental (STR) defined. For the purposes of this division, the term "short-term rental (STR)" means the rental of a dwelling unit for less than 30 consecutive days per rental period and the rental unit itself.

(2)

Business license. The property owner of the STR must have a renting and leasing business license from the city before a property owned by the property owner can be advertised or operated for STR. In addition, the property owner must submit a STR annual inspection permit application to the city and obtain and maintain a STR annual inspection permit for each STR unit at a cost of $50.00 per permit per year.

(3)

Permit application. The property owner must provide with the STR permit application the name, address and telephone number of an emergency contact that will respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must be able to respond on-site within 12 hours if requested by the city. The emergency contact must answer calls 24 hours a day, seven days a week for the duration of each short-term rental period. Prior to any change to the emergency contact, the owner must submit the revised contact information to the city building official.

(4)

The STR may only be rented for lodging use. The STR may not be rented for weddings, parties, concerts or similar events or used for such events during any STR period.

(5)

Insurance. All STR owners must obtain and maintain vacation rental property insurance that covers the lodging use of the site. Proof of insurance must be provided within 30 days of the issuance of the STR permit. Proof of insurance must be resubmitted each year for renewal of the STR permit.

(6)

Occupancy. The dwelling may not be rented to more than one party simultaneously. Occupancy is limited to no more than two persons, plus two persons per bedroom. To be considered a bedroom, the room must meet the minimum requirements of the International Building Code adopted by the city as it pertains to a bedroom.

(7)

Number of bedrooms. The number of bedrooms is to be determined by the city building official as part of the STR permit application process. The city building official may inspect the dwelling to verify information submitted with the STR permit application.

(8)

Maximum occupancy. The property owner must, by written agreement with the renter, limit overnight occupancy of the STR to the maximum occupancy approved with the STR permit.

(9)

Signage advertisements. No on-premises signage, legible from any right-of-way, may advertise the STR.

(10)

Compliance required. The STR property owner and all occupants of the STR must comply with all applicable city ordinances and regulations, including, but not limited to, building construction, fire safety, noise, mandatory recycling and garbage collection and disposal.

(11)

Off-street parking. The STR must have adequate off-street parking to accommodate all occupant parking needs. All occupant vehicles must park off the street and on the STR property. No recreational vehicles, buses, boats or trailers may be stored on the street or forward of the front property line of the STR property.

(12)

Food preparation. No food may be prepared or served to rental occupants by the STR property owner.

(13)

Posting. A copy of this division, the STR permit, emergency contact information and house rules that comply with this division must be posted in a conspicuous place in the STR. The STR rental party must sign a document indicating it received all of these documents.

(14)

Violations. Upon notification that a renter or a renter's guest has violated any provisions of this division or any noise, garbage or other provisions of city ordinances and regulations, the STR owner or emergency contact must promptly notify the renter of the violation and take such action as is necessary to prevent a reoccurrence.

(15)

Notice. Each owner must, upon issuance of an STR permit or upon changes to an existing STR permit, provide written notice to all owners of residentially zoned property who own property adjacent to the STR property, which notice includes the following information:

a.

The names and telephone numbers of the owner and emergency contact (if not the owner).

b.

The city telephone number by which members of the public may report violations.

c.

The maximum number of renters permitted to stay in the unit. The permit application shall include the name and address of all property owners who own residential property adjacent to the STR property.

(16)

Taxation. The property owner is responsible for collecting and reporting taxes from any rental arrangement that is not subject to an established collection agreement with the city.

(17)

Garbage fees and garbage container storage. The property owner is responsible for paying an additional rate, as set forth by the city for any garbage containers exceeding two 32-gallon containers. In addition, all garbage containers shall be stored out of sight of the street on the days not scheduled for garbage pickup by the city.

(18)

Vehicles defined. The term "vehicles" shall include cars, trucks, and motorcycles and off-road vehicles.

(Ord. No. 564, § A, 6-27-2022)

The following procedures shall apply in the event a violation of this division occurs:

(1)

If, after investigation, the city determines that any provisions of this division have been violated, the city will notify the property owner in writing stating the provisions violated, necessary corrective action and a compliance due date, as applicable. In addition, the city will use best efforts to immediately contact the property owner or emergency contact by telephone of any reported violation. Upon receipt of notice by telephone, the property owner or emergency contact shall have the obligation to immediately contact the renter concerning such violation and request the renter to immediately take action in order to end the violation. Violations of this division may result in the revocation of the permit issued to the property owner.

(2)

In addition to the other remedies set out in this section, violations will be subject to fines as follows:

a.

Violation warning. The city may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this division.

b.

First violation. The first time a person is found to have violated one of the provisions of this division, the person is subject to a fine of $500.00.

c.

Second and subsequent violations. Any second or subsequent time a person is found to have violated the provisions of this division, the person is subject to a fine of $1,000.00 for each subsequent violation.

(3)

If a violation of building, fire safety or property maintenance regulations has not been corrected by the compliance date, the city may cause the STR permit to be temporarily suspended. When a first-time violation has been corrected, the permit shall be re-instated for the remainder of its current approval period. The city may approve an extension of the compliance date if substantial progress toward compliance has been made, provided that the public will not be adversely affected by the extension.

(4)

When noise, occupancy, parking, trespass or other violations concerning the conduct at the STR or by its renters or their guests are found to have occurred more than once in the same license year or within any six-month period, or if a fine assessed against a STR property owner is not paid within 30 days of delivery of notice of the fine, the city may set a hearing before the city council for the revocation of the permit related to that STR as to which a violation has occurred.

(5)

If the holder of the STR permit disagrees with the finding of a violation by the city, the STR permit holder may request a hearing before the city council on the decision of the city. Following a public hearing on the matter, the city council may find in favor of the STR permit holder thereby eliminating any penalties assessed against the permit holder or the city council may confirm the city's decision and confirm the penalties assessed against the permit holder pursuant to this division including revocation of the STR permit.

(6)

Written notice of any fines and hearings on violations and permit revocations shall be delivered to the property owner. Notice of hearings shall be given at least ten days before the hearing. Notice shall be deemed delivered when placed in the U.S. mail to the address listed on the permit application.

(7)

Any person, who disagrees with the decision of the city council, shall have the right to appeal de novo to the county circuit court.

(Ord. No. 564, § B, 6-27-2022)

(a)

The sections, paragraphs, sentences, clauses and phrases of this division are severable, and if any phrase, clause, sentence, paragraph or section of this division shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other part of this division, since the same would have been enacted by the municipal council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section.

(b)

This division shall not affect the ability of property owners to enforce restrictive covenants or other restrictions that may apply to the use of real property, as set forth in documents in the chain of title to the real property or to contracts between parties that affect the use of the real property.

(c)

Nothing in this chapter supersedes the enforcement by the city for violation of other city ordinances.

(Ord. No. 564, § C, 6-27-2022)

(a)

If any provision, clause, sentence or paragraph of this division or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.

(b)

All ordinances or part of ordinances, in any manner, conflicting here with are hereby repealed.

(Ord. No. 564, §§ D, E, 6-27-2022)

(a)

AG district intent. This district consists primarily of undeveloped lands where agricultural and related pursuits may occur within the city and where agricultural support centers may serve outlying rural areas beyond the city. Further, the intent of the AG district is to hold these lands in agricultural, forest, outdoor recreational, rural residential, and other limited yet compatible uses until city services can be expanded to accommodate a higher intensity of development.

(b)

AG district use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Agricultural uses.

1.

Farm, subject to section 40-289.

2.

Kennel.

b.

Residential uses.

1.

Duplex.

2.

Group care residence, subject to section 40-283.

3.

Single family residence (excluding manufactured homes).

c.

Institutional uses.

1.

Cemetery.

2.

Club.

3.

Community center.

4.

Community facility.

5.

Country club.

6.

Domiciliary care or assisted living facility.

7.

Home instruction.

8.

Park.

9.

Place of worship.

10.

Public utility facility.

11.

Public utility service.

12.

School.

d.

Commercial uses.

1.

Cottage industry, subject to section 40-287.

2.

Home occupation, subject to section 40-287.

e.

Temporary uses.

1.

Garage or yard sales.

2.

Seasonal sales.

3.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Agricultural uses.

1.

Farm support business.

2.

Livestock sales.

b.

Residential uses.

1.

Intentionally left blank.

c.

Institutional uses.

1.

Animal shelter.

2.

Boarding house.

3.

Day care home.

4.

Penal institution.

5.

Public assembly center.

d.

Commercial uses.

1.

Broadcast studio.

2.

Campground, subject to section 40-286.

3.

Open air market.

4.

Recreation, outdoor.

5.

Garden or nursery center.

e.

Industrial uses.

1.

Resource extraction.

2.

Transmission tower.

(c)

AG district dimensional regulations. Except as provided in article III of this chapter the following dimensional standards shall be required:

(d)

AG district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 40, 6-24-2019; Ord. No. 595, § 3, 8-26-2024)

(a)

Intent. This district consists of areas suitable for conventional single-family residences. The R-1 district allows for certain accessory uses customarily associated with single-family dwellings. Further, the district provides for institutional uses which are integrally related to residential neighborhoods.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Single-family residence (excluding manufactured homes).

b.

Institutional uses.

1.

Park.

2.

Public utility service.

c.

Commercial uses. Home occupation, subject to section 40-287.

d.

Temporary uses.

1.

Garage or yard sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Group care residence, subject to section 40-283.

b.

Institutional uses.

1.

Cemetery.

2.

Community facility.

3.

Day care home.

4.

Home instruction.

5.

Place of worship.

6.

Public utility facility.

7.

School.

(c)

R-1 district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

R-1 district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 50, 6-24-2019)

(a)

Intent. This district consists of areas suitable for a mix of single-family attached and detached dwellings. The district permits a wide range of single-family housing alternatives, such as, single-family residences, patio or garden homes, and townhouses, at a controlled density. These permitted housing developments are most appropriate on large undeveloped tracts. Further, the district provides for residential accessory uses and institutional uses which are integrally related to residential neighborhoods.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses.

1.

Patio or garden home, subject to section 40-284.

2.

Single-family residence (excluding manufactured homes).

3.

Townhouse, subject to section 40-285.

b.

Institutional uses.

1.

Park.

2.

Public utility service.

c.

Commercial uses. Home occupation, subject to section 40-287.

d.

Temporary uses.

1.

Garage or yard sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Group care residence, subject to section 40-283.

b.

Institutional uses.

1.

Cemetery.

2.

Community facility.

3.

Day care home.

4.

Home instruction.

5.

Place of worship.

6.

Public utility facility.

7.

School.

(c)

R-2 district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

R-2 district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 51, 6-24-2019)

(a)

Intent. This district consists of areas suitable for multifamily housing, institutional living facilities, and a variety of other housing types. The intent of the R-3 district is to encourage the development of high-density housing that efficiently serves the varied residential needs of the community. The R-3 district allows for customary accessory uses which are integrally related to residences. Further, the district provides for institutional uses which are integrally related to residential neighborhoods.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses.

1.

Apartment, subject to section 40-282.

2.

Duplex.

3.

Group care residence, subject to section 40-283.

4.

Patio or garden home, subject to section 40-284.

5.

Single-family residence (excluding manufactured homes).

6.

Townhouse, subject to section 40-285.

b.

Institutional uses.

1.

Park.

2.

Public utility service.

c.

Commercial uses. Home occupation, subject to section 40-287.

d.

Temporary uses.

1.

Garage or yard sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter. Institutional uses:

(1)

Boardinghouse.

(2)

Cemetery.

(3)

Community facility.

(4)

Day care home.

(5)

Domiciliary care or assisted living facility.

(6)

Home instruction.

(7)

Nursing care facility.

(8)

Place of worship.

(9)

Public utility facility.

(10)

School.

(c)

Dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

Site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 52, 6-24-2019)

(a)

Intent. This district consists of areas suitable for manufactured homes within parks or on lots within a subdivision. The underlying intent of this district is to encourage affordable home ownership alternatives in select locations within the city. The MHP district allows for certain accessory uses customarily associated with single-family dwellings. Further, the district provides for institutional uses which are integrally related to residential neighborhoods.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses.

1.

Manufactured home, subject to section 40-290.

2.

Manufactured home park, subject to section 40-291.

3.

Patio or garden home, subject to section 40-284.

4.

Single-family residence.

b.

Institutional uses.

1.

Park.

2.

Public utility service.

c.

Commercial uses. Home occupation, subject to section 40-287.

d.

Temporary uses.

1.

Garage or yard sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Group care residence, subject to section 40-283.

b.

Institutional uses.

1.

Cemetery.

2.

Community facility.

3.

Day care home.

4.

Home instruction.

5.

Place of worship.

6.

Public utility facility.

7.

School.

(c)

MHP district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

MHP district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 53, 6-24-2019)

(a)

Intent. This district consists of areas where a limited range of commercial and institutional uses may serve the needs of a small neighborhood. The objective of the district is to encourage the development of small-scale neighborhood centers for a variety of activities.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Institutional uses.

1.

Cemetery.

2.

Club.

3.

Community center.

4.

Community facility.

5.

Country club.

6.

Day care center.

7.

Domiciliary care or assisted living facility.

8.

Hospital.

9.

Nursing care facility.

10.

Park.

11.

Place of worship.

12.

Public utility service.

13.

School.

b.

Commercial uses.

1.

Animal hospital.

2.

Bank or financial service.

3.

Broadcast studio.

4.

Business or professional office.

5.

Business support service.

6.

Clinic.

7.

Commercial school.

8.

Convenience store.

9.

Entertainment, indoor.

10.

Garden center or nursery.

11.

General retail business, enclosed.

12.

Laundry service.

13.

Medical support service.

14.

Personal service.

15.

Recreation, indoor.

16.

Restaurant, standard.

17.

Shopping center, neighborhood.

18.

Tourist home.

19.

Vehicle repair service.

20.

Vehicle service station.

c.

Temporary uses.

1.

Seasonal sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Upper story residential uses.

b.

Institutional uses. Public utility facility.

(c)

NS district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

NS district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 60, 6-24-2019)

(a)

Intent. This district consists of areas where the widest range of commercial uses are permitted at the highest degree of intensity. The district encourages commercial centers to serve the community or region at large. Commercial activity may be conducted either indoors or, with few exceptions, outdoors. The HC district also allows for institutional uses which are compatible with commercial activities.

(b)

Use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Agricultural uses.

1.

Farm support business.

2.

Kennel.

b.

Residential uses. Single-family residence (excluding manufactured homes).

c.

Institutional uses.

1.

Animal shelter.

2.

Cemetery.

3.

Club.

4.

Community center.

5.

Community facility.

6.

Country club.

7.

Day care center.

8.

Hospital.

9.

Park.

10.

Place of worship.

11.

Public assembly center.

12.

Public utility service.

13.

School.

d.

Commercial uses.

1.

Animal hospital.

2.

Bank or financial service.

3.

Broadcast studio.

4.

Business or professional office.

5.

Business support service.

6.

Car wash.

7.

Clinic.

8.

Commercial school.

9.

Convenience store.

10.

Entertainment, indoor.

11.

Entertainment, outdoor.

12.

Funeral home.

13.

Garden center or nursery.

14.

General retail business, enclosed.

15.

General retail business, unenclosed.

16.

Home improvement center.

17.

Hotel or motel.

18.

Laundry service.

19.

Medical support service.

20.

Open air market.

21.

Personal service.

22.

Recreation, indoor.

23.

Recreation, outdoor.

24.

Restaurant, fast food.

25.

Restaurant, standard.

26.

Shopping center, community or regional.

27.

Shopping center, neighborhood.

28.

Tourist home.

29.

Vehicle repair service.

30.

Vehicle sales or rental.

31.

Vehicle service station.

e.

Industrial uses.

1.

Construction service.

2.

Maintenance service.

3.

Transmission tower.

4.

Vehicle and equipment sales, major.

f.

Temporary uses.

1.

Seasonal sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Residential uses. Upper story residential uses.

b.

Institutional uses. Public utility facility.

c.

Industrial uses.

1.

Manufacturing, light.

2.

Research lab.

3.

Vehicle and equipment repair, major.

4.

Warehousing, wholesaling, and distribution, enclosed.

(c)

HC district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

HC district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 61, 6-24-2019; Ord. No. 575, § 3, 4-10-2023)

(a)

M-1 district intent. This district consists of areas where industrial uses are permitted. The district encourages the development of industrial employment centers. Principal industrial activities include manufacturing, warehousing, and distribution. The M-1 district also allows for commercial and institutional uses which are supportive of industrial activities.

(b)

M-1 district use regulations. Accessory and combined uses and structures may be permitted subject to section 40-38, and similar uses to those listed below may also be permitted subject to section 40-39. All uses listed in this district are defined by section 40-281.

(1)

Permitted uses. The following uses shall be permitted subject to appropriate permits being issued in accordance with this chapter:

a.

Agricultural uses.

1.

Farm, subject to section 40-289.

2.

Farm support business.

3.

Livestock sales.

b.

Institutional uses.

1.

Animal shelter.

2.

Community facility.

3.

Day care center.

4.

Military installation.

5.

Park.

6.

Public utility facility.

7.

Public utility service.

c.

Commercial uses.

1.

Broadcast studio.

2.

Business or professional office.

3.

Business support service.

4.

Car wash.

5.

Commercial school.

6.

Home improvement center.

7.

Laundry service.

8.

Medical support service.

9.

Mini-warehouse, subject to section 40-288.

10.

Open air market.

11.

Personal service.

12.

Vehicle repair service.

13.

Vehicle service station.

d.

Industrial uses.

1.

Construction service.

2.

Maintenance service.

3.

Manufacturing, general.

4.

Manufacturing, light.

5.

Research lab.

6.

Transmission tower.

7.

Vehicle and equipment repair, major.

8.

Vehicle and equipment sales, major.

9.

Warehousing, wholesaling, and distribution, enclosed.

10.

Warehousing, wholesaling, and distribution, open.

e.

Temporary uses.

1.

Seasonal sales.

2.

Special event.

(2)

Conditional uses. The following uses shall be permitted subject to a conditional use permit being granted by the city planning commission and further subject to appropriate permits being issued in accordance with this chapter:

a.

Industrial uses.

1.

Heavy industry.

2.

Resource extraction.

3.

Salvage yard

4.

Sanitary landfill.

(c)

M-1 district dimensional regulations. Except as provided in article III of this chapter, the following dimensional standards shall be required:

(d)

M-1 district site development regulations. The following additional regulations shall be required:

(1)

Off-street parking and loading regulations, in accordance with division 2 of article IV of this chapter.

(2)

Screening and buffer yard regulations, in accordance with division 3 of article IV of this chapter.

(3)

Sign regulations, in accordance with division 4 of article IV of this chapter.

(Zoning Ord. 2019, § 70, 6-24-2019; Ord. No. 599, § 3, 12-9-2024)

(a)

Intent. This district permits a tract to be planned and developed as an integral unit under single ownership or control, consisting of a combination of residential and nonresidential uses. The district intent is to provide a living, working, and shopping environment within the development that contributes to a sense of community and a coherent living style. Further, the PUD district seeks to provide a development framework that obtains commercial and industrial business activity that significantly improves the economic development of the community; encourages the preservation and enhancement of the natural amenities of land and protects natural features; and reduces improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems, and infrastructure.

(b)

PUD approval process. Approval of a PUD requires a three-step approval process, as follows:

(1)

Rezoning and concept plan approval. A concept plan shall accompany each application for rezoning to the PUD district. Development of the PUD shall be in substantial accordance with the approved concept plan. The concept plan shall be drawn to scale and display accurate dimensions, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state. The concept plan shall show, in schematic detail, the concept for use and development of the entire PUD tract.

(2)

Preliminary site plan approval.

a.

Following rezoning and concept plan approval, the developer shall submit to the planning commission a preliminary site plan for each phase of the development.

b.

The preliminary site plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state.

c.

The preliminary site plan shall show information necessary for the planning commission to adequately assess the suitability of the proposed development, including at a minimum the following items:

1.

The location of proposed uses;

2.

Proposed building areas and heights;

3.

Proposed residential development density and housing types;

4.

Lots with proposed sizes, widths, and yards;

5.

Proposed screening and buffer yards;

6.

Proposed off-street parking and loading areas;

7.

Layout of streets, pedestrian facilities, and drives;

8.

Location of all entrances to the tract; and

9.

Layout and configuration of common open space.

d.

A narrative text and supplemental drawings shall accompany the preliminary site plan, describing the general design and construction policies for the PUD; the proposed design and construction standards for streets; the treatment of environmentally sensitive land located in the project tract (areas of flooding, severe slope, woodlands, streams, lakes, and ponds); the proposed time frame for phased development; and such other conditions for use and development proposed by the applicant.

e.

All preliminary site plans shall be in substantial accordance with the approved concept plan. Any deviation in the preliminary site plan from the approved concept plan shall require resubmitting the PUD rezoning and concept plan approval application.

(3)

Final site plan approval. Before each phase of the development is constructed, a final site plan shall be required, in accordance with section 40-612. Final site plan approval shall be coordinated with the approval of subdivision plats and construction plans, as required by the city subdivision regulations. All final site plans shall be in substantial accordance with the approved preliminary site plan. Any deviation in the final site plan from the approved preliminary site plan shall require resubmitting the preliminary site plan application.

(c)

Use regulations. A PUD district may be established for any tract. The planned unit development (PUD) shall consist of a combination of uses planned and developed as an integral unit under single ownership or control. Specific use limitations shall be established in the process of concept plan approval.

(d)

Dimensional regulations. In any PUD, the developer may create lots and construct buildings without regard to the conventional minimum lot size, lot width, or yard restrictions of this chapter except that:

(1)

A 50-foot lot boundary setback shall apply where and to the extent that the development abuts land that is not part of the PUD; and

(2)

Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this chapter, as approved by the planning commission in the preliminary and final site plans.

(e)

Design and construction standards. Where the design and construction standards approved in the preliminary and final site plans conflict with the subdivision regulations and any other requirements of this zoning chapter, the standards approved in the PUD approval process shall control.

(f)

Issuance of permits. Permits may be issued in any phase of a PUD subdivision with public improvements under construction, following completion of final site plan and subdivision plat approval, provided:

(1)

No building permits for a subdivision with public improvements under construction shall be issued unless the extent of street improvements is adequate for vehicular access by the prospective builder and by police and fire equipment. Further, no building permit shall be issued for the greater of two or the final ten percent of lots within the subdivision until all public improvements and dedications have been completed by the developer and accepted by the city.

(2)

No certificate of occupancy for any building in the subdivision shall be issued prior to the completion and dedication of required public improvements and posting of a maintenance bond for public improvements.

(Zoning Ord. 2019, § 80, 6-24-2019)

(a)

Intent. This district intends to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions.

(b)

Provisions. The provisions of this district shall be overlay provisions to the existing underlying zoning districts. All properties within the district shall be designated by the F suffix added to the underlying district prefix, i.e., R-1F. As overlay provisions, the requirements of this district shall serve as a supplement to the underlying zoning district provisions. Where there happens to be any conflict between the provisions of this overlay district and the provisions of the underlying district, the more restrictive provisions shall apply.

(c)

Uses and activities. All uses and activities in the flood hazard district shall comply with the requirements of the flood damage prevention ordinance of the city, codified in chapter 16, article III, as amended.

(Zoning Ord. 2019, § 81, 6-24-2019)

(a)

Intent. This district intends to promote the public health, safety, and general welfare and to localize liquor sales and consumption.

(b)

Provisions. The provisions of this district shall be overlay provisions to the existing HC Highway Commercial District and NS Neighborhood Shopping District. All properties within the district shall be designated by the L suffix added to the underlying district prefix, i.e., HC-L. As overlay provisions, the requirements of this district shall serve as a supplement to the underlying zoning district provisions. Where there happens to be any conflict between the provisions of this overlay district and the provisions of the underlying district, the more restrictive provisions shall apply.

(c)

Approval process. A concept plan shall accompany each application for rezoning to the L district. Development of the L district shall be in substantial accordance with the approved concept plan. The concept plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state.

(d)

Application. Any establishment wishing to conduct a business in alcoholic beverages shall be required to initiate the L overlay zone. This requirement shall apply to any business selling alcoholic beverages for on or off-premises consumption (examples: restaurant with bar, tavern, lounge, liquor store). Package sales of beer and wine are excluded from this requirement. Any pending L designation is dependent upon the applicant providing a valid state permit for liquor sales.

(Zoning Ord. 2019, § 82, 6-24-2019)

(a)

Intent. This district intends to promote the public health, safety and general welfare and to localize restaurant liquor sales and consumption.

(b)

Provisions. The provisions of this district shall overlay provisions to the existing HC Highway Commercial District and NS Neighborhood Shopping District. All properties within the district shall be designated by the RL suffix added to the underlying district prefix, i.e., HC-RL. As overlay provisions, the requirements of this district shall serve as a supplement to the underlying zoning district provisions. Where there happens to be any conflict between the provisions of this overlay district and the provisions of the underlying district, the more restrictive provisions shall apply.

(c)

Approval process. A concept plan shall accompany each application for rezoning to the RL District. Development of the RL district shall be in substantial accordance with the approved concept plan. The concept plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the state.

(d)

Application. Any establishment wishing to conduct a business in restaurant and alcoholic beverages shall be required to initiate the RL overlay zone. This requirement shall apply to any business with 60 percent of total sales coming from food sales.

(Zoning Ord. 2019, § 83, 6-24-2019)