(a)

It shall be unlawful for any person to commence any development, including demolition, without obtaining an ordinance permit, except buildings and activities directly used in connection with farming operations.

(b)

An ordinance permit is any permit issued under this article including a zoning conformance permit, plat approval, rezoning, certificate of compliance, amendment, demolition, variance or other action having the effect of permitting development.

(c)

Ordinance permits run with the land.

(Prior Code, § 6.0301)

The purpose of this permit is to ensure that routine building activity complies with this article. Zoning conformance permits may be combined and processed simultaneously with permits required by the city's fire and building codes, although the development's compliance with zoning shall be determined prior to action on the building permit.

(1)

The developer shall file a properly completed application form, a site plan, any supporting materials necessary to demonstrate compliance with this article, and the required application fee with the administrator (see appendix A, on file in city hall, for application forms).

(2)

The administrator shall determine whether the application is complete and sufficient for review, and may require more information from the developer.

(3)

After determining the application is complete and sufficient, the administrator shall determine whether the proposed development is in compliance with this article and notify the developer of the decision. If it complies, the application shall be approved and a permit shall be issued. If it fails to comply, the application shall be rejected.

(4)

Zoning conformance permits are valid for two years and may be extended for one additional year by the administrator if so requested by the developer prior to expiration.

(5)

The administrator may attach conditions to the permit to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the purpose and intent of the comprehensive plan, other adopted plans, or this article. In such cases, any conditions shall be directly related to the impacts of the proposed use and shall be roughly proportional in both nature and extent to the anticipated impacts of the use.

(6)

The administrator's decision may be appealed to the city commission using the appeals procedure of section 34-74. A notice of appeal shall be filed with the administrator within 30 days after the decision is issued.

(7)

After a permit is granted and prior to permit expiration, the developer shall apply for a certificate of compliance and include information demonstrating the development conforms to this article and any conditions of approval. The administrator shall visit the site to check for conformance and, if verified, issue a certificate of compliance. If the development is determined not to be in conformance, the administrator shall notify the developer of the deficiencies. The developer must demonstrate conformance within the original or extended approval period, reapply for a permit, or appeal the administrator's decision (see section 34-74). If voluntary compliance is not achieved a notice of violation may be issued.

(Prior Code, § 6.0301)

The conditional use permit (CUP) procedure implements the comprehensive plan and this article by requiring public review of developments that may have a significant impact on the city, public facilities, or neighboring land uses. A CUP application may be submitted along with a subdivision application and review may take place concurrently. Applications for approval of a conditionally permitted use shall be submitted to the administrator using the following procedure:

(1)

Pre-application.

a.

The developer shall file a pre-application, supplementary information and fee with the administrator.

b.

The administrator shall determine whether the pre-application is complete and sufficient. When an application is determined incomplete or insufficient, the administrator shall provide written notice to the developer indicating what information must be submitted for the review to proceed.

c.

Once the application has been deemed complete and sufficient, the administrator shall conduct a pre-application review. Pre-application review is not a regulatory proceeding, but an opportunity for the applicant to be made aware of the requirements of this article.

d.

If the developer provides written consent, a pre-application review may take place before the planning and zoning commission during the next public meeting for which notice may be published. At the meeting, the administrator, members of the public and the commission may provide feedback to the developer regarding compliance with the plan and this article, project design and other issues the developer may address in the CUP application.

(2)

Application.

a.

The developer shall file with the administrator a properly completed application form, preliminary plat or site plan narrative describing the project in light of the evaluation criteria (see subsection (3) of this section), any supporting materials necessary to demonstrate compliance with the comprehensive plan and this article, and the required application fee.

b.

After receiving the application, supporting materials and fee, the administrator shall determine whether the application is complete and sufficient. When an application is determined incomplete or insufficient, the administrator shall provide written notice to the developer indicating what information must be submitted for the review to proceed.

c.

The administrator shall place a hearing on the proposed conditional use on the agenda of the next regular planning and zoning commission meeting for which these notice requirements can be met, and at which time will allow for its proper consideration. Notice of the hearing shall be published in a newspaper of general circulation and notice shall be sent to all landowners whose property is located within 150 feet of the subject property at least one week prior to the hearing.

d.

The administrator shall prepare or contract for preparation of a report that describes the proposed conditional use, its site, its context, and its compliance, or failure to comply, with the comprehensive plan and this article. In preparation of the report, the administrator may seek input from the city engineer, police, fire, parks, department of transportation, solid waste and other departments as well as other agencies and service providers. In the report the administrator shall propose findings of fact and a recommendation of approval, approval with conditions or denial of the proposal for the planning and zoning commission's consideration.

e.

The planning and zoning commission shall conduct a hearing on the proposed conditional use. At that hearing, the commission shall review the particular facts and circumstances of the proposed use and develop findings and conclusions in support of its recommendation. If the commission finds that it complies with the evaluation criteria in subsection (3) of this section, it shall recommend approval of the application. If the commission finds that the proposed conditional use fails to comply, it shall recommend denial of the application.

f.

Consideration of a CUP application may be tabled for no more than 35 days.

g.

Within 30 working days of the public hearing, the city commission shall approve or deny the CUP application and adopt findings and conclusions in support of its decision.

h.

Conditions may be attached to an approval that are intended to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the purpose and intent of the comprehensive plan, other adopted plans, or this article. In such cases, any conditions shall be directly related to the impacts of the proposed use and shall be roughly proportional in both nature and extent to the anticipated impacts of the use.

i.

The administrator shall notify the developer and interested parties who have specifically requested such notice of the city commission's decision within 14 days after it is made.

j.

Development related to conditional use permits shall be complete within two years but may be extended for one additional year by the administrator if so requested by the developer prior to expiration.

(3)

Evaluation criteria. No conditional use permit shall be granted unless the city commission finds all of the following:

a.

The conditional use will not be detrimental to or endanger the public health, safety or general welfare.

b.

The existing permitted uses in the neighborhood will not in any manner be substantially impaired or diminished by the establishment of the conditional use.

c.

The conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage and other necessary site improvements have been provided or will be provided prior to the conditional use being initiated.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

f.

The conditional use shall conform to all applicable regulations of the district in which it is located or a variance has been granted (see section 34-73).

(4)

CUP renewal.

a.

A conditional use permit may be time-conditioned, as appropriate, by the city commission. If a specific time limit is not placed on a conditional use permit, it is presumed to be valid for a period of two years. If the activity permitted does not commence within that two-year period, the conditional use permit will no longer be in effect.

b.

The zoning administrator or the city commission will have the authority to administratively review and renew a time-conditioned conditional use permit. The city commission shall determine, based on their review, which time-conditioned conditional use permit shall be renewed administratively and which shall be sent to the city commissioners for renewal.

c.

If the use authorized by the conditional use permit is discontinued for a period of 12 months, the conditional use permit will expire and the conditional use permit will no longer be in effect.

d.

All conditional uses that have not commenced construction upon the adoption of this ordinance will be considered expired.

(5)

Renewal application.

a.

The permit holder may seek renewal of a time-conditioned conditional use permit by filing a timely renewal application on the form provided by the city.

b.

An application for renewal must be filed more than 45 calendar days prior to the expiration of the conditional use permit.

c.

Once a renewal application has been filed, the expiration date of the conditional use permit is automatically extended until either the issuance or denial of the application for renewal has become final.

d.

Any application filed after the renewal filing period has expired shall be deemed to be an application for a new conditional use permit. If a new conditional use permit is not issued prior to the expiration of the conditional use permit, the continuation of any use which requires such permit shall be in violation of this title.

e.

The procedures set forth in this chapter for the processing of an application for a conditional use permit shall equally apply to a renewal application except as hereinafter expressly set forth.

(6)

Renewal findings.

a.

Consideration of a renewal application shall be based on a rebuttable presumption that the use as permitted by the conditional use permit meets the findings of this part.

b.

The presumption shall be rebutted by any evidence of noncompliance with any condition of any prior permit or law or ordinance, or by evidence of any changed condition in the neighborhood, or by evidence that the continued use creates a nuisance as defined by this title, or an impairment of public peace, health, safety, morals or welfare.

c.

Once the presumption has been rebutted, the conditional use permit shall not be renewed unless the findings required by this part have been made and the zoning administrator or city commission is satisfied that full compliance with all conditions, laws and ordinances is assured.

(Ord. No. 2018-01, § 1, 4-9-2018)

The lawful use of a building, structure or premises existing at the time of the adoption or amendment of this article may be continued although such use does not conform with the provisions of this article.

(1)

If a nonconforming use is discontinued for a period of 12 months, any future use of the building, structure or premises shall conform to this article.

(2)

There shall be no limit on the maintenance and repair of nonconforming uses or buildings, provided that no such activity increases the degree of nonconformity. The degree of nonconformity is the measured extent to which an existing building or use fails to comply with the standards of this article. For example, the degree of nonconformity of a parking lot that has four spaces, but serves a use requiring nine, is five parking spaces. No change in the nonconforming building could be permitted that would reduce the number of parking spaces, because that would increase the degree of nonconformity.

(Ord. No. 2018-01, § 1, 4-9-2018)

A variance is a relaxation of the provisions of this article that will not be contrary to the purpose and intent of this article or the public interest. The city commission, acting as a board of adjustment, shall hear and decide requests for variance from the terms of this article where the literal enforcement will result in practical difficulty or unnecessary hardship.

(1)

The developer shall file with the administrator a properly completed variance application form, preliminary plat or site plan, narrative describing the variance request in light of the evaluation criteria (see subsection (4) of this section), any supporting materials explaining why the variance is necessary, and the required application fee.

(2)

The administrator shall place a hearing on the agenda of the next regular city commission meeting for which the notice requirements can be met and at which time will permit its proper consideration. Notice shall be published in a newspaper of general circulation at least once a week for two consecutive weeks prior to the hearing and notice shall be sent to all landowners whose property is located within 150 feet of the subject property at least one week prior to the hearing.

(3)

The administrator shall prepare, or contract for preparation of, a report that describes the proposed variance, its site, its context, and an evaluation of the request under the variance criteria and a recommendation for approval, approval with conditions, or denial.

(4)

The city commission shall conduct a hearing on the proposed variance. At that hearing, the commission shall review the particular facts and circumstances of the proposed variance and develop findings and conclusions in support of its decision. The commission shall base its findings upon evidence presented to it and shall only grant the variance after determining that all of the following conditions are met:

a.

The particular physical surroundings, lot characteristics, or topographic conditions of the property result in an unnecessary hardship;

b.

The purpose of the variance request is not based solely on a desire for economic or other gain;

c.

The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

d.

The variance shall not be detrimental to the public welfare or injurious to other properties in the area; and

e.

The variance shall not be contrary to the intent and purpose of this article.

(5)

Consideration of a variance may be tabled for no more than 35 days.

(6)

The concurring vote of four members shall be necessary to grant a variance.

(7)

The administrator shall notify the developer and interested parties who have specifically requested such notice of the board's decision within ten days.

(Ord. No. 2018-01, § 1, 4-9-2018)

Appeal of administrator's decision to city commission. The city commission, acting as a board of adjustment, shall hear appeals of any person, firm or organization aggrieved by the decision or ruling of the administrator when there are alleged errors in the administration of this article.

(1)

Within 30 days of publication of the administrator's decision, the appellant shall file notice of appeal with the administrator, specifying the grounds thereof.

(2)

The administrator shall transmit to the city commission all papers constituting the record upon which the action appealed from was taken.

(3)

An appeal stays all proceedings in furtherance of the action appealed unless the administrator certifies to the city commission that the stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by a restraining order which may be granted by the commission or by a court of record.

(4)

The commission shall publish notice of the appeal hearing in a newspaper of general circulation at least once a week for two consecutive weeks prior to the hearing and notice shall be sent to all landowners whose property is located within 150 feet of the subject property at least one week prior to the hearing.

(5)

At that hearing, the commission shall review the particular facts and circumstances of the appeal and develop findings and conclusions in support of its decision.

(6)

The commission may reverse or affirm, in whole or in part, or may modify, the decision appealed from, and shall make such a decision as, in its opinion, ought to be made. If there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the ordinance, the commission may modify any of the provisions of this article relating to the use, construction or alteration of buildings or structures or the uses of land so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(7)

The concurring vote of four members shall be necessary to grant an appeal.

(Ord. No. 2018-01, § 1, 4-9-2018)

State Law reference— Board of adjustments, appeals, N.D.C.C. § 40-47-07 et seq.

The city commission may, from time to time, on its own motion, or on petition, or on recommendation of the planning and zoning commission and the administrator, amend, supplement, repeal or revise any provision of this article, including the official planning and zoning map. Such revisions shall be made using the applicable provisions of the following process:

(1)

The petitioner shall file a properly completed application form, the required supporting materials, including a narrative evaluating the amendment request under the review criteria in subsection (11) of this section, and the required application fee with the administrator.

(2)

After receiving the application, supporting materials and fee, the administrator shall determine whether the application is complete and sufficient. If an application is determined incomplete or insufficient, the administrator shall provide written notice to the petitioner indicating what information must be submitted for the review to proceed.

(3)

When the petition is determined to be complete and sufficient, the administrator shall place a hearing on the application for an amendment on the agenda of the next regular planning and zoning commission meeting for which the notice requirements can be met, and at which time allows for its proper consideration.

(4)

The administrator shall publish notice of the hearing in the official newspaper once per week for two successive weeks before the time set for the hearing in the official newspaper of the city. For zoning or text amendments impacting a specific property or district, the administrator may also mail notice to all landowners whose property is located within 150 feet of the subject property at least one week prior to the hearing.

(5)

The administrator shall prepare, or contract for the preparation of, a report that describes the proposed amendment and how it complies, or fails to comply, with the comprehensive plan and the amendment criteria (see subsection (11) of this section). The report shall also include a recommendation for approval, approval with modifications or denial.

(6)

The planning and zoning commission shall conduct a hearing on the proposed amendment. At the hearing, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan and meets the amendment criteria below. The commission shall review the particular facts and circumstances of the proposed amendment and develop findings and conclusions that support its recommendation.

(7)

Action on a proposed amendment may be tabled, but for no more than 35 days.

(8)

The administrator shall convey the planning and zoning commission's written recommendation and public testimony to the city commission within ten days of the public hearing.

(9)

At a public hearing with public notice issued in accordance with subsection (4) of this section, the city commission shall consider the recommendation of the planning and zoning commission and all testimony and written protest received, then approve, reject, or modify and approve the amendment. Action on the proposed amendment may be tabled, but for no more than 35 days.

(10)

Amendment criteria. In order to approve an amendment to this article, the city commission shall find that the amendment substantially complies with the comprehensive plan and furthers the purpose and intent of this article (section 34-4). The amendment may also be designed to correct an inconsistency or error, address changing conditions or address a specific public challenge such as the need for affordable housing or downtown redevelopment.

(Ord. No. 2018-01, § 1, 4-9-2018)

State Law reference— Zoning amendments, N.D.C.C. § 40-47-05.

(a)

No building or structure shall be occupied until a certificate of compliance/occupancy has been issued by the administrator after determining conformity with the specifications for which the ordinance permit has been issued.

(b)

Once all conditions of approval have been met (when applicable) and all construction regulated under this article is complete, the developer may apply for and receive a certificate of compliance/occupancy from the administrator.

(Ord. No. 2018-01, § 1, 4-9-2018)

A violation of this article is an offense punishable by a fine not to exceed $200.00. Each day the violation exists shall constitute a separate offense. Whenever a violation of this article occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the administrator who shall investigate such violation and report to the planning and zoning commission and city commission for appropriate action. The process for enforcement of this article shall be as follows:

(1)

The administrator shall notify the occupant (and developer if they are not the same) of the violation by certified mail and/or posting on the site. The notice shall describe the violation, cite the section of this article being violated, and order the responsible party to attain compliance within 30 days.

(2)

The notice may include a stop work order that requires all non-corrective development to cease, states the specific development to be stopped, the specific reasons for the ordered stoppage, and the conditions under which development may resume. If the activity does not cease, the administrator shall ask the city attorney to take prompt action to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition.

(3)

While a stop work order is in effect or until a violation is corrected, no permits or development approvals shall be granted for the property.

(4)

Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed; or appeal the administrator's decision to the city commission (see section 34-74).

(5)

If voluntary compliance is not attained or an appeal is not filed within 30 days, the administrator shall ask the city commission and city attorney to begin legal action against any responsible party.

(6)

This enforcement process may be accelerated where the administrator finds that public health and safety are endangered by a violation.

(Ord. No. 2018-01, § 1, 4-9-2018)

State Law reference— Instituting action to restrain, correct or abate violations, N.D.C.C. § 40-47-12.

All public notices shall contain the following information:

(1)

The time and place of the hearing;

(2)

A description of any property involved, by street address if streets have been platted or designated for the area affected;

(3)

A description of the nature, scope and purpose of the regulation, restriction, boundary, variance request, appeal, or permit request; and

(4)

A statement of the times at which documentation will be available to the public for inspection and copying at the office of the city auditor.

(Ord. No. 2018-01, § 1, 4-9-2018)

(a)

The location and boundaries of the zoning districts are hereby established as shown on the map entitled "Official Planning and Zoning Map" on file in the office of the city auditor. The planning and zoning commission shall regularly update the official planning and zoning map to show any changes in the planning and zoning district boundaries resulting from amendments to the map or this article. Amendment dates shall be shown on the map.

(b)

Location of district boundaries. The following rules shall apply with respect to the boundaries of the zoning districts as shown on the official planning and zoning map:

(1)

Where the zoning district boundary lines are indicated as following a highway, street, alley or railroad right-of-way, such boundary lines shall be the centerline of said right-of-way unless clearly shown to the contrary.

(2)

Boundaries indicated as following municipal limits shall be construed as following municipal limits.

(3)

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

(4)

Where any uncertainty exists as to the exact location of a zoning district boundary line, the administrator shall determine the location of such boundary line. Any person who disputes the administrator's determination may appeal to the city commission (see section 34-74).

(Ord. No. 2018-01, § 1, 4-9-2018)

Land uses listed as permitted in a zoning district are allowed in compliance with this article upon the application and approval of a zoning conformance permit.

(Ord. No. 2018-01, § 1, 4-9-2018)

Land uses listed as conditional in a zoning district are allowed in compliance with this article upon the application and approval of a conditional use permit.

(Ord. No. 2018-01, § 1, 4-9-2018)

(a)

It is the intent of this chapter to group similar and compatible land uses into specific districts, either as permitted or conditional uses. Evaluation of uses shall be as follows:

(1)

The administrator shall determine if a use not listed is materially similar to a permitted or conditional use within that district. Determinations may be appealed to the city commission.

(2)

The term "materially similar" means the use provides similar function, occurs within a similar structure or setting, and has a similar scale to a permitted or conditional use listed in that district.

(b)

Land uses deemed not to be materially similar to a permitted or conditional use shall be prohibited unless a variance is received (see section 34-74) or amendment to division 3 of this chapter is made (see section 34-75).

(Ord. No. 2018-01, § 1, 4-9-2018)

Land uses that are required to be permitted in a zoning district by state law or those uses that only the state or federal government have jurisdiction over shall be permitted as provided by state or federal law, whether or not the use is included in this article.

(Ord. No. 2018-01, § 1, 4-9-2018)

(a)

A zoning district is a geographic area within which development of certain uses and buildings is permitted upon approval of a zoning conformance permit and certain other uses and buildings may be developed upon approval of a conditional use permit (see section 34-71 for permitting procedures).

(b)

The following zoning districts and their boundaries, as shown on the official planning and zoning map, are established:

(1)

Agricultural (AG).

(2)

Residential 1 (R-1).

(3)

Residential 2 (R-2).

(4)

Residential 3 (R-3).

(5)

Highway Commercial (HC).

(6)

Central Business District (CBD).

(7)

General Commercial and Industrial (GCI).

(Ord. No. 2018-01, § 1, 4-9-2018)

The purpose of this district is to provide for an area of continued agricultural activity and rural residential use surrounding the city until such time as that land is deemed desirable for urban expansion with the necessary services.

(1)

Permitted uses.

a.

General farming activities.

b.

The usual buildings, structures and operations incidental to the operation of a farm.

c.

Religious institutions and related facilities.

d.

Public parks, playgrounds and conservation areas.

e.

Public and parochial schools.

f.

Temporary structures incidental to construction work not extending beyond the period of such work (does not include temporary workforce housing facilities for more than two nonresident workers (see section 34-158).

g.

Golf courses.

h.

Utility lines and facilities for public service, but not including buildings for offices, exchanges, or storage.

i.

Single-family dwellings, including mobile homes, and accessory buildings.

j.

Home occupations.

k.

Plant nurseries, green houses, and roadside stands offering for sale only locally grown farm products.

l.

Cultural and historical features and facilities

m.

Family licensed and self-declared child care facility (up to 9 maximum children).

(2)

Conditionally permitted uses.

a.

Cemeteries.

b.

Animal hospitals and veterinary clinics.

c.

Grain elevators and agricultural storage facilities.

d.

Airports.

e.

Radio and television towers and accessory buildings.

f.

Mineral extraction, including sand and gravel operations.

g.

Sanitary landfills and incinerator sites.

h.

Skeet, trap and rifle ranges.

i.

Industrial, municipal and/or commercial water reservoirs, storage tanks, pumping stations and sewer facilities.

j.

Temporary workforce housing facilities (see section 34-158).

k.

Wireless communication facility.

l.

Group and center child care facility (above 9 children).

(3)

Minimum lot size. The minimum lot size for this district shall be ten acres.

(4)

Setbacks. All non-farm work related structures shall be located a minimum of 50 feet from any property boundary.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to provide an area for larger lot, single-family residential living connected to public water and sewer services.

(1)

Permitted uses.

a.

Single-family dwellings and accessory buildings.

b.

Religious institutions, libraries, schools and related facilities.

c.

Home occupations.

d.

Public parks and playgrounds.

e.

Family licensed and self-declared child chare facility (up to 9 maximum children).

(2)

Conditionally permitted uses.

a.

Two-family dwellings.

b.

Hospitals and group homes.

c.

Public buildings and facilities, not including storage and repair shops.

d.

Wireless communication facility.

e.

Group and center child care facility (above 9 children).

(3)

Area requirements.

a.

Except as provided in subsections (3)b. and c. of this section, the minimum lot area shall be 10,000 square feet and with a minimum lot width of 75 feet.

b.

The minimum lot area for two-family dwellings shall be 5,000 square feet per unit with a minimum lot width of 100 feet.

c.

Recorded lots excepted. Existing lots of record are exempt from the area requirements of this district but no new lots shall be created that do not comply.

(4)

Setback requirements.

a.

The minimum setback from the right-of-way of streets and highways for all structures shall be 25 feet.

b.

The minimum rear setback from all structures shall be six feet, except the minimum rear setback for structures accessing into an adjacent alley shall be 20 feet.

c.

The minimum side setback for all structures except where abutting a street shall be six feet.

d.

When the setback requirements set forth in subsection (4)a., b. or c. of this section cannot be met on existing lots the city commission may grant a reasonable variance from these standards (see section 34-73).

(5)

Maximum building height.

a.

Residential structures and accessory structures on residential lots shall not exceed 35 feet.

b.

All other structures shall not exceed 40 feet.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to provide an area for residential living of various types served by public water and sewer.

(1)

Permitted uses.

a.

Single- and two-family dwellings and accessory buildings.

b.

Religious institutions, libraries, schools and related facilities.

c.

Home occupations.

d.

Public parks and playgrounds.

e.

Family licensed and self-declared child care facility (up to 9 maximum children).

(2)

Conditionally permitted uses.

a.

Multiple-family dwellings (see section 34-154).

b.

Hospitals and group homes.

c.

Public buildings and facilities, not including storage and repair shops.

d.

Bed and breakfast establishments (see section 34-153).

e.

Daycare centers.

f.

Undertaking parlors.

g.

Wireless communication facility.

h.

Group and center child care facility (above 9 children).

(3)

Area requirements.

a.

Except as provided in subsections (3)b. and c. of this section, the minimum lot area shall be 10,000 square feet and with a minimum lot width of 75 feet.

b.

The minimum lot area for two or more residential dwelling units shall be 5,000 square feet per unit with a minimum lot width of 100 feet.

c.

Recorded lots excepted. Existing lots of record are exempt from the area requirements of this district but no new lots shall be created that do not comply.

(4)

Setback requirements.

a.

The minimum setback from the right-of-way of streets and highways for all structures shall be 25 feet.

b.

The minimum rear setback from all structures shall be six feet, except the minimum rear setback for structures accessing into an adjacent alley shall be 20 feet.

c.

The minimum side setback for all structures except where abutting a street shall be six feet.

d.

When the setback requirements set forth in subsection (4)a., b. or c. of this section cannot be met on existing lots, the city commission may grant a reasonable variance.

(5)

Maximum building height.

a.

Single- and two-family residential structures and accessory structures on residential lots shall not exceed 35 feet.

b.

All other structures shall not exceed 40 feet.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to provide an area for mobile homes and other types of residential development served by public water and sewer.

(1)

Permitted uses.

a.

Mobile homes not more than ten years old on the date of installation.

b.

Single- and two-family dwellings and accessory buildings.

c.

Religious institutions, libraries, schools and related facilities.

d.

Home occupations.

e.

Public parks and playgrounds.

f.

Family licensed and self-declared child care facility (up to 9 maximum children).

(2)

Conditionally permitted uses.

a.

Mobile home parks (see section 34-156).

b.

Multiple-family dwellings (see section 34-154).

c.

Hospitals and group homes.

d.

Public buildings and facilities, not including storage and repair shops.

e.

Bed and breakfast establishments (see section 34-153).

f.

Daycare centers.

g.

Undertaking parlors.

h.

Wireless communication facility.

i.

Group and center child care facility (above 9 children).

(3)

Area requirements.

a.

Except as provided in subsections (3)b. and c. of this section, the minimum lot area shall be 9,000 square feet with a minimum lot width of 75 feet.

b.

A minimum lot area of 6,000 square feet with a minimum width of 50 feet for mobile home park lots.

c.

A minimum lot area for two or more residential units (not mobile homes) shall be 4,500 square feet per unit with a minimum lot width of 100 feet.

d.

Recorded lots excepted. Existing lots of record are exempt from the area requirements of this district but no new lots shall be created that do not comply.

(4)

Setback requirements.

a.

Within a mobile home park, the minimum setbacks for all structures shall be 15 feet from any exterior park boundary, ten feet from an interior park lot boundary, and 25 feet from all streets.

b.

For all structures outside of a mobile home park:

1.

The minimum setback from the right-of-way for streets and highways shall be 25 feet.

2.

The minimum rear setback shall be six feet, except the minimum rear setback for structures accessing into an adjacent alley shall be 20 feet.

c.

The minimum side setback for all structures except where abutting a street shall be six feet.

d.

When the setback requirements set forth in subsection (4)a., b. or c. of this section cannot be met on existing lots, the city commission may grant a reasonable variance.

(5)

Maximum building height.

a.

Single- and two-family residential structures and accessory structures on residential lots shall not exceed 35 feet.

b.

All other structures shall not exceed 40 feet.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to provide a place for commercial uses that rely on easy automobile access and may require outdoor sales space.

(1)

Permitted uses.

a.

Retail and service uses including drug store, clothing, appliance sales and service, bakeries, cabinet shops, print shops, theaters, professional offices, medical offices and clinics.

b.

Single-family and two-family dwellings and accessory buildings.

c.

Multiple family dwellings (see 6.0417).

d.

Government, public safety/service, libraries, non-profits, civic clubs.

e.

Accessory uses, including residential use of the upper stories of commercial buildings.

f.

Hospitals and nursing homes.

g.

Eating and drinking establishments.

h.

Hardware.

i.

Grocery stores.

j.

Gyms.

k.

Lumber yards.

l.

Other business, which, in the opinion of the administrator, are of the same general character as the uses herein enumerated (see 6.0204).

m.

Family licensed and self-declared child care facility (up to 9 maximum children).

(2)

Conditional uses.

a.

Hotels and motels (see 6.0417).

b.

Automobile service stations.

c.

Laundry and dry cleaning establishments.

d.

Funeral homes.

e.

Warehouses.

f.

Wireless communication facility.

g.

Group and center child care facility (above 9 children).

(3)

The view from the highway is critical to the city's image so all new development in the HC district requires site plan review and a conditional use permit. However, minor changes of occupancy of existing lots and buildings where the new use has identical or lesser parking requirements, similar traffic generation potential, creates no additional signage (measured by square footage) and has, as determined by the administrator, similar or lesser impacts on neighboring land uses, are permitted with only a zoning conformance permit (see section 34-70).

(4)

Development in the HC district shall be designed and constructed to minimize the functional and appearance issues associated with the strip development pattern. Conditions to be minimized, to the extent feasible given the location, size and context of the lot or parcel, include:

a.

Development that is only one lot in depth and has numerous points of access to public streets, and makes no provision for safe pedestrian and bicycle circulation. To address these issues:

1.

Development shall connect to adjoining properties by providing access and utility easements and vehicle, pedestrian and bicycle facilities;

2.

Continuous pedestrian walkways shall be provided from the property perimeter to the principal public entrance;

3.

Crosswalks shall have contrasting pavement color from the surrounding asphalt surface; and

4.

Bicycle parking stands shall be provided;

b.

View from the road that is dominated by vehicles, asphalt and signs. To address this issue:

1.

All development shall include landscape buffers comprised of berms, trees, stone, shrubs and fences made of natural looking materials abutting the highway and adjoining properties;

2.

Signs shall be architecturally related to the design of the building. Freestanding signs shall have landscaping at their base (see section 34-160);

3.

Landscaping shall be used to break up parking areas, road frontages and building edges. A minimum of ten percent of the parking lot area shall be landscaped. Landscaping that is indigenous to the region and requires limited irrigation is encouraged;

4.

Loading areas, truck parking, trash containers, HVAC equipment and other such permanent features shall be screened from public view. Screening shall be made of the same materials as the principal structure, or of material intended to visually blend into a cohesive architectural theme;

5.

A portion of the parking spaces are encouraged to be located behind the primary structure (away from the highway);

c.

Bland, monolithic architecture that has little connection to the setting, community or history and has limited visual appeal. To address this issue:

1.

Conditional use permit applications shall include elevations showing an architectural theme that acknowledges the local pioneer, farming, rough-rider, coal/oil industry, Native American heritage or a similar design concept. The purpose of this requirement is not to make the city look like a theme park but to blend local historic and cultural tradition with modern design.

2.

Building facades shall be finished in subtle, neutral or earth tones with low reflectivity and be finished with varying materials, textures and colors.

3.

Rooflines shall be varied. See appendix A, on file in city hall, for application forms.

(5)

Area, setback and height requirements.

a.

Residential uses shall conform to the area and setback requirements of the R-2 district.

b.

Nonresidential uses have no minimum lot size. Nonresidential structures shall be set back at least 20 feet from all street and highway rights-of-way and residential property boundaries.

c.

The maximum building height is 45 feet.

(6)

Highway 2 requirements for lots adjacent to and accessing onto Highway 2.

a.

All commercial uses shall include with their site plan access control measures to limit the number of accesses directly onto the highway based on land use and traffic generation characteristics.

b.

Adequate ingress, egress and turn around space shall be provided off-street.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to encompass the commercial core of the city and provide a place for the development of uses that depend on pedestrian circulation and a central location. All new development in the CBD requires site plan review and a conditional use permit. However, minor changes of occupancy of existing lots and buildings where the new use has identical or lesser parking requirements, similar traffic generation potential, creates no additional signage (measured by square footage) and has, as determined by the administrator, similar or lesser impacts on neighboring land uses, are permitted with only a zoning conformance permit (see section 34-70).

(1)

Permitted Uses

a.

Single-family and two-family dwellings and accessory buildings.

b.

Multi-family dwellings on upper floors of retail structures.

c.

Retail and service uses including drug store, clothing, appliance sales and service, bakeries, cabinet shops, print shops, theaters, professional offices, medical offices and clinics.

d.

Government, public safety/service, libraries, nonprofits, civic clubs.

e.

Accessory uses, including residential use of the upper stories of commercial buildings.

f.

Hospitals and nursing homes.

g.

Eating and drinking establishments.

h.

Hardware.

i.

Funeral homes.

j.

Grocery stores.

k.

Gyms.

l.

Lumber yards.

m.

Other businesses, which, in the opinion of the administrator, are of the same general character as the uses herein enumerated (see section 34-103).

n.

Family licensed and self-declared child care facility (up to 9 maximum children).

(2)

Conditional uses.

a.

Hotels and motels (see section 34-154).

b.

Automobile service stations.

c.

Laundry and dry cleaning establishments.

d.

Funeral homes.

e.

Warehouses.

f.

Wireless communication facility.

g.

Group and center child care facility (above 9 children).

(3)

Maximum building height. The maximum building height is 40 feet.

(4)

Architectural design (see appendix A, on file in city hall, for application forms).

a.

Building facades shall blend local historic and cultural tradition with modern design and be approved during conditional use permit review.

b.

Windows or glazed area shall cover at least 15 percent of the front façade.

c.

Building façades shall include a diversity of materials, textures and colors.

(5)

Off-street parking.

a.

All land uses in the CBD except those listed in subsections (1) a. and b. of this section shall provide off-street parking in accordance with section 34-155.

b.

Bicycle parking stands shall be provided.

c.

All new development in the CBD shall include sidewalks along city streets.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1))

The purpose of this district is to provide an area for general commercial and industrial activities.

(1)

Permitted uses.

a.

Agriculture.

b.

Bottling plants.

c.

Farm equipment factories.

d.

Fertilizer plants.

e.

Fuel storage tanks and terminals.

f.

Grain and feed elevators and mills.

g.

Heavy equipment sales, service and repair.

h.

Lumberyards.

i.

Manufacturing and processing of wood, metal, concrete and blacktop mix.

j.

Sales and service of automobiles and farm implements.

k.

Trucking and freight terminals.

l.

Warehouses.

m.

Facilities for storage and repair.

n.

Temporary workforce housing facilities (see section 34-158).

o.

Hotels and motels (see section 34-154).

p.

Regional water supply facilities.

q.

Eating and drinking establishments.

(2)

Conditional uses.

a.

Occupancy within a commercial or industrial building that is accessory to the primary use of the structure; that shall not exceed 25 percent of the building square footage; and that complies with all applicable fire and building codes.

b.

Wireless communication facility.

(3)

Performance standards.

a.

Buffer strip. A buffer strip, approved by the planning and zoning commission, shall provide a sight and sound barrier when an industrial use is abutting an R-residential district and/or Highway 2. The buffer shall be comprised of a combination of berms, trees, stones, shrubs and fences made of natural looking materials. Landscaping that is indigenous to the area and requires minimal irrigation is encouraged.

b.

Storage. The open storage of materials, other than waste products, salvage or wrecked automobiles, may be permitted when located at least 100 feet from any R-residential district and at least 30 feet from any street right-of-way or other lot line. All material shall be handled so as to effectively control dust. All combustible material shall be stored in such a way as to permit free access of firefighting equipment.

c.

Loading requirements. Adequate ingress, egress, parking and turn-around space shall be provided off-street.

(Ord. No. 2018-01, § 1, 4-9-2018)