A.

Short title. These regulations shall be known and may be cited as the "Zoning Regulations" of the city.

B.

Interpretation and purposes. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. The zoning regulations and districts as herein established, have been made in accordance with a comprehensive plan, for the purpose of promoting health, safety, moral responsibility, and the general welfare of the city; they have been designed, among other things;

1.

To reduce congestion on streets;

2.

To secure safety from fire, panic and other dangers;

3.

To promote health and the general welfare;

4.

To provide adequate light and air;

5.

To prevent the overcrowding of land;

6.

To avoid undue concentration of population;

7.

To facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and

8.

To conserve the value of property and encourage the most appropriate use of land throughout the community.

A.

Building permits. Every application for a building permit or certificate of occupancy shall be accompanied by a drawing or plot plan in duplicate together with such other copies as the enforcing officer may require for city review, showing the lot lines, subdivision name and the lot and block numbers, the location of the building in the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of the zoning regulations. This plan shall be prepared after the lot has been staked by a licensed surveyor. A record of the original copy of such application and plans shall be kept in the office of the enforcing officer and a duplicate copy of the approved plan shall be at the building at all times during construction.

B.

Enforcement and penalties. Any person, firm or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor, and upon conviction in the municipal court shall be subject to a fine of not more than $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

C.

Severability clause. If any section, provision, or part thereof in these regulations shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the regulations as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

D.

Publication and effective date. These regulations shall take effect from, and after their passage and publication as provided for by law.

A.

Declaration of policy. The council declares the enactment of these regulations governing the use and development of land, buildings and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except;

1.

To correct a manifest error in the regulations or map, or

2.

To recognize changed or changing conditions or circumstances in a particular locality, or

3.

To recognize changes in technology, the style of living, or manner of doing business.

Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in the preamble to these regulations.

B.

Authority to amend ordinance. The council may from time to time, after receiving a final report thereon by the commission and after public hearings required by law, amend, supplement or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement or change may be ordered for consideration by the council, be initiated by the commission, or be requested by proposal of the owner of the property or by a person holding a lease on the property with the consent of its owner. The commission on its own motion, or on request of council, may initiate consideration of a change in any district boundary or zoning regulation whenever it finds that public benefit will derive from consideration of such matter.

C.

Procedure.

1.

Proposal required. Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in section 1-1.B, Interpretation and Purposes.

2.

Public hearing and notice. Prior to making its report to the council, the commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within 200 feet of any property affected thereby, before the tenth day before the date such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail.

3.

Commission report. The commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the city plan at such time as a city plan has been adopted by council. The commission may defer its report for not more than 90 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the commission shall consider the following factors:

a.

Whether the uses permitted by the proposed change would be appropriate in the area concerned;

b.

Whether adequate public school facilities and other public services exist or can be provided to serve the needs of additional residences likely to be constructed as a result of such change, and the consequences of such change;

c.

Whether the proposed change is in accord with any existing or proposed plans for providing public water supply and sanitary sewers to the area;

d.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

e.

The recent rate at which land is being developed in the proposed zoning district, particularly in the vicinity of the proposed change;

f.

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

4.

Council consideration.

a.

Proposal recommended for approval. Every proposal which is recommended favorably by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

b.

Proposal recommended for denial. When the commission determines that a proposal should be denied it shall so report and recommend to the council. No hearing shall be set on the proposal until and unless the council has reviewed the recommendations of the commission, has considered any appeal, as provided below, and has adopted a motion setting the matter for hearing.

c.

Appeal procedure. An appeal from the decision of the commission may be taken whenever any party in interest is aggrieved by the action of the commission on a specific proposal. such appeal shall show that the commission either 1) has been prejudiced in its deliberation, or 2) has not been given the opportunity to consider certain information because it could not have been made available to the commission at the time of its public hearing, or 3) the decision is not in conformity with the purpose and intent of the zoning ordinance. The following procedure shall be required:

(1)

The aggrieved party shall submit his appeal in writing stating specifically how, in his opinion, the commission committed error. He shall file his appeal with the city secretary and the commission within 30 days following the commission action. The city secretary shall forward the appeal to the council with the regular report of commission action on the subject proposal.

(2)

Upon receipt of written appeal the council shall determine whether or not the commission committed error. If the council concludes that certain previously unavailable information should be considered by the commission, it may refer the original proposal and the appeal for a new hearing, new report and recommendation. If the council concludes that commission prejudice prevents a fair hearing or recommendation, the council may schedule its own hearing on the original proposal and recommendation. If the council concludes that the decision of the commission is not in conformity with the purpose and intent of the zoning ordinance it may either give guidance to the commission and refer the proposal and appeal for a new hearing, new report and recommendation or it may schedule its own hearing on the original proposal.

5.

Council hearing and notice. The council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one time in the official paper of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication.

6.

Negative recommendations; written protest. An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths of all members of the council eligible to vote:

a.

If the commission recommends disapproval of the proposed change, or

b.

If written protest is filed by the owners of 20 percent or more either:

(1)

Of the area of the lots or land included in such proposed change; or

(2)

Of the lots or land immediately adjoining the area of such proposed change and extending 200 feet therefrom.

c.

Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the commission or the council. Written protests filed with the commission shall be forwarded to the council with the commission's recommendation on the request.

D.

Limitation on re-applications. When the city council has denied a proposal no new applications of like nature shall be accepted by the city or scheduled for hearing by the commission within a period of 12 months of the date of council denial. Provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.

(Ord. No. 2004-21, § 1, 12-21-04; Ord. No. 2007-11, § 2, 6-19-07)

A.

Establishment of districts and map. In order to accomplish the purposes set forth in article 1, the municipality is hereby divided into the zoning districts described hereafter. The districts and their boundaries shall be as shown upon the map attached hereto and made a part of these regulations, said map being designated "Official Zoning Map," and said map and all notations, references, and other information shown thereon shall be a part of these regulations the same as if all such matters and information were fully described herein. The original of said map shall bear even date with the passing of these regulations; shall be signed by the mayor and attested by the city secretary, under the seal of the city, and shall be kept in the office of the city secretary in the city hall; a replica thereof shall be reproduced at such scale as will permit its being attached to these regulations.

B.

Determination of boundaries. In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply:

1.

Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of these regulations shall be the zoning boundary; or

2.

Where boundaries are shown to enter or cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary; or

3.

Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on the map unless dimensions are given on the map.

A.

Purpose of controls. The purpose of the use districts established herein is to group together into several zones those uses that are reasonably compatible with one another according to their normal characteristics of operation to permit in connection with these uses those customary and necessary accessory activities which are incidental to the principal use; and to permit certain other uses which may be established in some situations and subject to specific conditions so that such special uses will also be compatible with the uses allowed as a matter of right.

B.

Accessory uses—standard conditions. Any use may be established as an accessory use to any permitted principal use in any district provided that such accessory use:

1.

Is customarily incident to and is maintained and operated as a part of the principal use; and

2.

Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated; and

3.

Does not create levels of noise, odors, vibration and lighting or degrees of traffic congestion, dust or other pollutants, in a greater amount than that customarily created by the principal use; and

4.

Is not located in a minimum exterior yard.

C.

District regulations. All property within the city shall be located within one of the use districts described in the following sections.

D.

Newly annexed land: interim controls. Pending the establishment of original zoning for areas annexed after the effective date of these regulations the enforcing officer shall issue no permits except for a use conforming with the requirements of the "AG" Agricultural Homesites District.