- DISTRICT REGULATIONS
(a)
Enumeration. In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the city is hereby divided into the following districts or classifications:
(1)
R-1, single-family dwelling district;
(2)
R-2, two-family dwelling district;
(3)
R-3, multiple-family dwelling district;
(4)
M-H, manufactured home dwelling district (original R-4 and MH);
(5)
C-1, neighborhood business district;
(6)
C-2, community business district;
(7)
I-1, light industrial district;
(8)
I-2, heavy industrial district.
(b)
Zoning map adopted. The official zoning map of the city, made a part hereof for all purposes, is hereby adopted and shall be filed with the city clerk. The boundaries of the various districts as enumerated in subsection (a) of this section are hereby established as identified on the said map. All notations, references, legends, scales, and every detail shown on the said map are incorporated into and made a part of this article. In interpreting the official zoning map the following rules shall apply:
(1)
The district boundaries are the centerlines of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the centerline of a street or alley shall be construed to the boundary of the district.
(2)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the district designated on the zoning map is bounded approximately by lot lines, the lot lines shall be the boundary of the district.
(3)
In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
(4)
Any property on the zoning map which does not have a zoning district designation shall be classified as an R-1, residential single-family dwelling district.
(Ord. No. 04-04, § 18-4, 8-16-2004)
(a)
Temporary designation, proceeding to give permanent designation. All territory annexed to the city hereafter shall be temporarily designated as R-1, single-family dwelling district, until permanently zoned by the council. The planning commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
(b)
Building permits. In an annexed area temporarily classified as R-1, single-family dwelling district, no permit for the construction of a building other than those permitted in an R-1, single-family dwelling district shall be issued by the building official unless such permit has been specifically authorized by the council. Permits for the construction of buildings in newly annexed areas prior to permanent zoning may be authorized by the council under the following conditions: An application for any use shall be made to the building official in accordance with the provisions of the building code, and if such application is for a building other than one permitted in R-1, single-family dwelling district, it shall be referred by the building official to the planning commission for consideration and recommendation to the council. When such a recommendation is filed with the council, it shall be advisory only, and the council may grant or deny the application as the facts may justify.
(Ord. No. 04-04, § 18-5, 8-16-2004)
The following regulations shall apply to all zoning districts listed in section 40-57(a):
(1)
Use. No building or structure shall be erected, raised, moved, placed, extended, enlarged, converted, constructed, reconstructed, or structurally altered, except in conformity with the regulations prescribed; nor designed to be used or occupied for any purposes other than permitted by these regulations in the district in which such building, structure, or land is situated.
(2)
Height. No buildings or structure shall be erected, raised, constructed, extended, enlarged, reconstructed or structurally altered so as to extend the height limit established in section 40-60 for the district in which such building or structure is located.
(3)
Area. No lot shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed in section 40-60; nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. No side yard areas for a building shall be included as part of the required areas for any other building. No parking area, off-street parking space or loading space which exists at the time of effective date of the ordinance from which these regulations are derived or which subsequent thereto is provided for the purpose of complying with section 40-84 shall thereafter be relinquished or reduced in any manner below the requirements established in section 40-84. Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one building or use on a lot except as herein provided.
(4)
Heights of miscellaneous structures. Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(5)
Front yards. Where the frontage on one side of a street in the same block is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block.
(6)
Rear yards. In computing the required depth of a rear yard for any building where such yard abuts an alley, the depth of lot will be considered from the property line, or in the case of an easement, from the closest easement line.
(7)
Lot area. On any lot held under separate district ownership from adjoining lots at the time of passage of the ordinance from which this chapter is derived such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot is of less area than required by the regulations relating to lot area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than 70 percent of the total area of the lot.
(8)
Certificate of occupancy and compliance required.
a.
No building, or portion thereof, hereafter erected, converted, or altered shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building official of the city stating that the building complies with the provisions of this chapter and other building laws of the city. Failure to comply with this provision of this chapter shall constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.
b.
A certificate of occupancy and compliance shall be applied for and coincident with the application for a building permit and will be issued on completion of inspections, and before occupancy to such building provided such construction or change has been made in complete conformity to the provisions of this chapter and other building laws.
c.
A record of all certificates of occupancy shall be maintained on file in the office of the building official of the city and copies shall be furnished for a fee on written request to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. No. 04-04, § 18-6, 8-16-2004)
(a)
Requirements pertaining to property zoned R-1. The requirements pertaining to property zoned in the R-1, single-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-1, single-family dwelling district having a depth of not less than 25 feet from the front of the property line to the face of the building. No covered porch, covered terrace or attached accessory building shall project into any required front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the R-1, single-family dwelling district which shall have a depth of not less than five feet measured from the back of the structure to the rear property line or in the case of an easement, from the closest easement line.
(3)
Side yard. There shall be two side yards for each structure in the R-1, single-family dwelling district, one on each side of such structure. No side yard shall be less than seven feet measured from the side property line to the side of the structure and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(4)
Lot area. The minimum area of any lot used in the R-1, single-family dwelling district shall be 6,000 square feet.
(5)
Lot width. The minimum lot width shall be 50 feet.
(6)
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than 70 percent of the total area of any lot in the R-1, single-family dwelling district.
(7)
Floor area. Every single-family dwelling unit hereafter constructed, erected, reconstructed, or altered in any R-1, single-family dwelling district shall have a floor area, excluding basements, open and screened porches, and garages of not less than 1000 square feet.
(8)
Height limit. No building in the R-1 dwelling district shall exceed the height of 35 feet or 2½ stories; provided, however, that one-family dwellings in the R-1, single-family dwelling district may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided further that when permitted, public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet.
(9)
Off-street parking. There shall be provided in connection with every use permitted in the R-1 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(10)
Signs. Permitted signs in the R-1, single-family dwelling district shall be in accordance with the provisions in section 40-84.
(b)
Requirements pertaining to property zoned R-2. The requirements pertaining to property zoned in the R-2, two-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-2, two-family dwelling district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the R-2, two-family dwelling district which shall have a depth of not less than five feet measured from the back of the structure to the rear property line, or in case of an easement, from the closest easement line.
(3)
Side yard. There shall be two side yards for each structure in the R-2, two-family dwelling district, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure, and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(4)
Lot area. The minimum area of any lot used in the R-2, two-family dwelling district shall be 6,000 square feet.
(5)
Lot width. The minimum lot width shall be 50 feet.
(6)
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than 70 percent of the total area of any lot in the R-2, two-family dwelling district.
(7)
Floor area. Every two-family dwelling therefore erected, constructed, reconstructed, or altered in any R-2, two-family dwelling district shall have a floor area; excluding basements, open and screened porches, and garages of not less than 1,000 square feet for each family.
(8)
Height limit. No building in the R-2, two-family dwelling district shall exceed the height of 35 feet or 2½ stories; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided.
(9)
Off-street parking. There shall be provided in connection with every use permitted in the R-2 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(10)
Signs. Permitted signs in the R-2 dwelling district shall be in accordance with the regulations in section 40-84.
(c)
Requirements pertaining to property zoning R-3. The requirements pertaining to property zoned in the R-3, multiple-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-3 dwelling district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.
(2)
Side yard. There shall be two side yards for each structure in the R-3 dwelling district, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt projection exceed 24 inches. For the purpose of side yard regulations, two or more detached one or two-family dwellings shall be considered as one building when occupying one lot; provided, however, there shall be a minimum of ten feet. Where a building is erected or structurally altered for dwelling purposes for buildings more than three stories in height, each of the two side yards shall be increased one foot in width for each additional story above the third. For dwellings more than eight stories or 100 feet in height, the front, side and rear yards shall be increased an additional foot for each foot such buildings exceed 100 feet in height.
(3)
Lot area. The minimum area of any lot used for dwelling purposes in an R-3 dwelling district shall be 6,000 square feet; provided, however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 7,500 square feet plus 700 square feet for each family in excess of two.
(4)
Lot width. The minimum width of any lot used for dwelling purposes shall be 50 feet.
(5)
Floor area. Every multiple-family dwelling hereafter erected, constructed, reconstructed, or altered in an R-3 dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches, and garages, of not less than 560 square feet for each efficiency or one-bedroom unit; 750 square feet for each two-bedroom unit; and 1,000 square feet for each three-bedroom unit.
(7)
Height limit. No building in the R-3, multiple-family dwelling district shall exceed the height of 35 feet or 2½; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided. In the R-3 dwelling district, public or semi-public buildings, hotels, hospitals, sanitariums, or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet in height.
(8)
Off-street parking. There shall be provided in connection with every use permitted in the R-3 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(9)
Signs. Permitted signs in the R-3, multiple-family dwelling district shall be in accordance with the regulations in section 40-84.
(d)
Requirements pertaining to property zoned for manufactured homes. The requirements pertaining to property zoned in the M-H, manufactured home dwelling district are as follows:
(1)
Transient stand 1 and 2 subdivided lots. In zoning districts where manufactured homes are permitted, the minimum lot area required for a house trailer or manufactured home shall be 3,200 square feet per unit for transient stand 1 and 2,500 square feet per unit for transient stand 2, and 4,000 square feet per unit for a subdivided lot. Current transient stands that are conforming to the appropriate M-H or R-4 classifications shall exist under the grandfather clause at the passage of the ordinance. Any transient stand currently in a nonconforming status at the approval of this chapter will remain nonconforming.
(2)
Lot width.
a.
Transient stand 1 and 2: In zoning districts where manufactured homes are permitted; the minimum lot width shall be 30 feet per unit.
b.
Subdivided lot: In zoning districts where manufactured homes are permitted, the minimum lot width shall be 40 feet per unit.
(3)
Lot depth.
a.
Transient stand 1 and 2: In zoning districts where manufactured homes are permitted, the minimum lot depth shall be 100 feet per unit.
b.
Subdivision lot: In zoning districts where manufactured homes are permitted, the minimum lot depth shall be 100 feet per unit.
(4)
Front yard(transient stand 1 and 2 subdivided lot). No manufactured home shall be placed, located or erected nearer than 25 feet of any dedicated street or highway right-of-way nor shall any such mobile or house trailer unit be located nearer than ten feet to any private drive used for access, circulation or service to the plot, lot, tract, or stand upon which a mobile home or house trailer is located.
(5)
Side yard.
a.
Manufactured homes and mobile homes. The minimum side yard for a manufactured home shall be ten feet and the minimum space between adjacent mobile homes or house trailers shall be 15 feet for transient stands 1 and 2.
b.
Subdivided lots. There shall be two side yards for each structure in the subdivided lots, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure, and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(6)
Rear yard.
a.
Manufactured homes. The minimum rear yard for a manufactured home shall be ten feet for a transient stand 1 and 2.
b.
Subdvided lots. There shall be a rear yard for every structure in the subdivided lot which shall have a depth of not less than five feet measured from the back of the structure to the rear property line or in the case of an easement, from the closest easement line.
(7)
Density and park area transient 1 and 2. Each manufactured home park or trailer court shall not exceed a maximum density of 15 lots or stands per acre as determined by the total area bounded by the manufactured home park or trailer court property lines and shall provide a minimum of three acres in area, but in no case shall there be less than ten manufactured home lots or stands. Transient stand 2 shall consist of ten or less units and must meet all setback requirements pertaining to transient stand 2, units and property shall be owned by one and the same property owner.
(8)
Height limits. The maximum height of any building or structure within a manufactured home park or subdivision shall be two stories.
(9)
Off-street parking. In every manufactured home park, court, or subdivision, there shall be provided for each mobile home or house trailer unit off-street parking spaces in accordance with section 40-83.
(10)
Signs. Permitted signs in the MH district shall be in accordance with section 40-84.
(11)
Screening. A six-foot solid permanent screening fence or wall shall be constructed along the property lines of each manufactured home park, court of subdivision.
(12)
Skirting. Each individual manufactured home, mobile home or house trailer shall be completely skirted.
(e)
Requirements pertaining to property zoned C-1. The requirements pertaining to property zoned in the C-1, neighborhood business district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the C-1, neighborhood business district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace or attached accessory building shall project into any front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the C-1, neighborhood business district which shall have a depth of not less than 15 feet from the property line, or in case of an easement, from the closest easement line.
(3)
Side yards. No side yards are required in the C-1, neighborhood business district except in instances where a building is erected or structurally altered for dwelling purposes, in which case there shall be two side yards, one on each side of the building, of not less than five feet for each side. If property in the C-1 district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for C-1 district shall not be required to exceed five feet.
(4)
Lot area. The minimum area of any lot used for dwelling purposes shall be 6,000 square feet; provided however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 7,500 square feet plus 700 square feet for each family in excess of two.
(5)
Lot width. The minimum width of any lot used for dwelling purposes shall be 50 feet and a commercial building 65 feet.
(6)
Height limit. No building in the C-1, neighborhood business district shall exceed the height of 35 feet or two and one-half stories; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided. In the C-1 district, public or semipublic buildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding 75 feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed 35 feet in height.
(7)
Outside displays of merchandise prohibited. There shall be no outside display of merchandise in connection with any of the permitted uses within the C-1 district.
(8)
Off-street parking. There shall be provided in connection with every use permitted in the C-1, neighborhood business district off-street parking space in accordance with the provisions of section 40-83.
(9)
Signs. Permitted signs in the C-1 business district shall be in accordance with the regulations in section 40-84.
(10)
Screening. Protective screening in the C-1, neighborhood business district shall be provided in accordance with section 40-86.
(f)
Requirements pertaining to property zoned C-2. The requirements pertaining to property zoned in the C-2, community business district are as follows:
(1)
Front yard. If any building is erected or structurally altered for dwelling purposes in the C-2, community business district, a front yard of not less than 25 feet in depth is required. Otherwise, no front yard is required in the C-2, community business district. Except where building lines have been established by ordinance in a block, any building on any property (except where used for residential purposes) when fronting upon a major thoroughfare or collector street, shall be set back at least 50 feet from the centerline of the street fronting the property; except in the case of property fronting streets at least 100 feet in width, the setback shall be at least 55 feet, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace or attached accessory building.
(2)
Rear yard. There shall be a rear yard for every structure in the C-2, community business district which shall have a depth of not less than 15 feet from the property line, or in the case of an easement, from the closest easement line.
(3)
Side yards. No side yards are required in the C-2, community business district except in instances where a building is erected or structurally altered for dwelling purposes, in which case there shall be two side yards, one on each side of the building, of not less than five feet for each side. If property in the C-2 business district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for C-2 business district shall not be required to exceed five feet.
(4)
Lot area. The minimum area of any lot used for dwelling purposes shall be 7,500 square feet for commercial use and 6,000 square feet for residential. The only exception could be a seasonal business which would have to receive a city permit.
(5)
Lot width. The minimum width of any lot used for dwelling purposes shall be 65 feet for commercial and 50 for residential.
(6)
Height limit. No building in the C-2 business district shall exceed the height of 60 feet, or four stories. In the C-2 business district, public or semipublic buildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding 80 feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed 60 feet in height.
(7)
Off-street parking. There shall be provided in connection with any use permitted in the C-2 business district off-street parking space in accordance with the provisions of section 40-83.
(8)
Signs. Permitted signs in the C-2 business district shall be in accordance with the regulations in section 40-84.
(9)
Screening. Protective screening in the C-2, community business district shall be provided in accordance with section 40-86.
(g)
Requirements pertaining to property zoned I-1. The requirements pertaining to property zoned in the I-1, light industrial district are as follows:
(1)
Front yard. No front yard is required in the I-1, light industrial district, but any building on any property, except where building line ordinances provide otherwise, shall be set back 55 feet from the centerline of the street fronting the property, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.
(2)
Side yard. If property in the I-1 light industrial district abuts upon the side of a lot being used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for light industrial use shall not be required to exceed five feet.
(3)
Height limit. There shall be no height limitations for buildings in the I-1 industrial district.
(4)
Off-street parking. There shall be provided in connection with any use permitted in the I-1, light industrial district, off-street parking space in accordance with the provisions of section 40-83.
(5)
Signs. Permitted signs in the I-1 light industrial district shall be in accordance with the regulation in section 40-84.
(6)
Screening. Protective screening in the I-1 light industrial district shall be provided in accordance with section 40-84.
(h)
Requirements pertaining to property zoned I-2. The requirements pertaining to property zoned in the I-2, heavy industrial district are as follows:
(1)
Front yard. No front yard is required in the I-2, heavy industrial district, but any building on any property, except where building line ordinances require otherwise, shall be set back 55 feet from the centerline of the street fronting the property, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.
(2)
Side yards. If property in the I-2, heavy industrial district abuts upon the side of a lot used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for heavy industrial use shall not be required to exceed five feet.
(3)
Off-street parking. There shall be provided in connection with any use permitted in the I-2, heavy industrial district, off-street parking space in accordance with the provision of section 40-83.
(4)
Signs. Permitted signs in the I-2, heavy industrial district shall be in accordance with the regulations in section 40-84.
(5)
Screening. Protective screening in the I-2, heavy industrial district shall be provided in accordance with section 40-86.
(Ord. No. 04-04, § 18-7, 8-16-2004; Ord. No. 22-15, § 2, 11-14-2022)
The schedule of permitted used uses applicable for district regulations is as follows:
(Ord. No. 04-04, § 18-8, 8-16-2004; Ord. No. 25-04, § 2, 2-24-2025)
- DISTRICT REGULATIONS
(a)
Enumeration. In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the city is hereby divided into the following districts or classifications:
(1)
R-1, single-family dwelling district;
(2)
R-2, two-family dwelling district;
(3)
R-3, multiple-family dwelling district;
(4)
M-H, manufactured home dwelling district (original R-4 and MH);
(5)
C-1, neighborhood business district;
(6)
C-2, community business district;
(7)
I-1, light industrial district;
(8)
I-2, heavy industrial district.
(b)
Zoning map adopted. The official zoning map of the city, made a part hereof for all purposes, is hereby adopted and shall be filed with the city clerk. The boundaries of the various districts as enumerated in subsection (a) of this section are hereby established as identified on the said map. All notations, references, legends, scales, and every detail shown on the said map are incorporated into and made a part of this article. In interpreting the official zoning map the following rules shall apply:
(1)
The district boundaries are the centerlines of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the centerline of a street or alley shall be construed to the boundary of the district.
(2)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the district designated on the zoning map is bounded approximately by lot lines, the lot lines shall be the boundary of the district.
(3)
In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
(4)
Any property on the zoning map which does not have a zoning district designation shall be classified as an R-1, residential single-family dwelling district.
(Ord. No. 04-04, § 18-4, 8-16-2004)
(a)
Temporary designation, proceeding to give permanent designation. All territory annexed to the city hereafter shall be temporarily designated as R-1, single-family dwelling district, until permanently zoned by the council. The planning commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
(b)
Building permits. In an annexed area temporarily classified as R-1, single-family dwelling district, no permit for the construction of a building other than those permitted in an R-1, single-family dwelling district shall be issued by the building official unless such permit has been specifically authorized by the council. Permits for the construction of buildings in newly annexed areas prior to permanent zoning may be authorized by the council under the following conditions: An application for any use shall be made to the building official in accordance with the provisions of the building code, and if such application is for a building other than one permitted in R-1, single-family dwelling district, it shall be referred by the building official to the planning commission for consideration and recommendation to the council. When such a recommendation is filed with the council, it shall be advisory only, and the council may grant or deny the application as the facts may justify.
(Ord. No. 04-04, § 18-5, 8-16-2004)
The following regulations shall apply to all zoning districts listed in section 40-57(a):
(1)
Use. No building or structure shall be erected, raised, moved, placed, extended, enlarged, converted, constructed, reconstructed, or structurally altered, except in conformity with the regulations prescribed; nor designed to be used or occupied for any purposes other than permitted by these regulations in the district in which such building, structure, or land is situated.
(2)
Height. No buildings or structure shall be erected, raised, constructed, extended, enlarged, reconstructed or structurally altered so as to extend the height limit established in section 40-60 for the district in which such building or structure is located.
(3)
Area. No lot shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed in section 40-60; nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. No side yard areas for a building shall be included as part of the required areas for any other building. No parking area, off-street parking space or loading space which exists at the time of effective date of the ordinance from which these regulations are derived or which subsequent thereto is provided for the purpose of complying with section 40-84 shall thereafter be relinquished or reduced in any manner below the requirements established in section 40-84. Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one building or use on a lot except as herein provided.
(4)
Heights of miscellaneous structures. Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(5)
Front yards. Where the frontage on one side of a street in the same block is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block.
(6)
Rear yards. In computing the required depth of a rear yard for any building where such yard abuts an alley, the depth of lot will be considered from the property line, or in the case of an easement, from the closest easement line.
(7)
Lot area. On any lot held under separate district ownership from adjoining lots at the time of passage of the ordinance from which this chapter is derived such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot is of less area than required by the regulations relating to lot area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than 70 percent of the total area of the lot.
(8)
Certificate of occupancy and compliance required.
a.
No building, or portion thereof, hereafter erected, converted, or altered shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building official of the city stating that the building complies with the provisions of this chapter and other building laws of the city. Failure to comply with this provision of this chapter shall constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.
b.
A certificate of occupancy and compliance shall be applied for and coincident with the application for a building permit and will be issued on completion of inspections, and before occupancy to such building provided such construction or change has been made in complete conformity to the provisions of this chapter and other building laws.
c.
A record of all certificates of occupancy shall be maintained on file in the office of the building official of the city and copies shall be furnished for a fee on written request to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. No. 04-04, § 18-6, 8-16-2004)
(a)
Requirements pertaining to property zoned R-1. The requirements pertaining to property zoned in the R-1, single-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-1, single-family dwelling district having a depth of not less than 25 feet from the front of the property line to the face of the building. No covered porch, covered terrace or attached accessory building shall project into any required front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the R-1, single-family dwelling district which shall have a depth of not less than five feet measured from the back of the structure to the rear property line or in the case of an easement, from the closest easement line.
(3)
Side yard. There shall be two side yards for each structure in the R-1, single-family dwelling district, one on each side of such structure. No side yard shall be less than seven feet measured from the side property line to the side of the structure and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(4)
Lot area. The minimum area of any lot used in the R-1, single-family dwelling district shall be 6,000 square feet.
(5)
Lot width. The minimum lot width shall be 50 feet.
(6)
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than 70 percent of the total area of any lot in the R-1, single-family dwelling district.
(7)
Floor area. Every single-family dwelling unit hereafter constructed, erected, reconstructed, or altered in any R-1, single-family dwelling district shall have a floor area, excluding basements, open and screened porches, and garages of not less than 1000 square feet.
(8)
Height limit. No building in the R-1 dwelling district shall exceed the height of 35 feet or 2½ stories; provided, however, that one-family dwellings in the R-1, single-family dwelling district may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided further that when permitted, public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet.
(9)
Off-street parking. There shall be provided in connection with every use permitted in the R-1 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(10)
Signs. Permitted signs in the R-1, single-family dwelling district shall be in accordance with the provisions in section 40-84.
(b)
Requirements pertaining to property zoned R-2. The requirements pertaining to property zoned in the R-2, two-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-2, two-family dwelling district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the R-2, two-family dwelling district which shall have a depth of not less than five feet measured from the back of the structure to the rear property line, or in case of an easement, from the closest easement line.
(3)
Side yard. There shall be two side yards for each structure in the R-2, two-family dwelling district, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure, and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(4)
Lot area. The minimum area of any lot used in the R-2, two-family dwelling district shall be 6,000 square feet.
(5)
Lot width. The minimum lot width shall be 50 feet.
(6)
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than 70 percent of the total area of any lot in the R-2, two-family dwelling district.
(7)
Floor area. Every two-family dwelling therefore erected, constructed, reconstructed, or altered in any R-2, two-family dwelling district shall have a floor area; excluding basements, open and screened porches, and garages of not less than 1,000 square feet for each family.
(8)
Height limit. No building in the R-2, two-family dwelling district shall exceed the height of 35 feet or 2½ stories; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided.
(9)
Off-street parking. There shall be provided in connection with every use permitted in the R-2 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(10)
Signs. Permitted signs in the R-2 dwelling district shall be in accordance with the regulations in section 40-84.
(c)
Requirements pertaining to property zoning R-3. The requirements pertaining to property zoned in the R-3, multiple-family dwelling district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the R-3 dwelling district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace, or attached accessory building shall project into any required front yard space.
(2)
Side yard. There shall be two side yards for each structure in the R-3 dwelling district, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure and no covered porch, covered terrace or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt projection exceed 24 inches. For the purpose of side yard regulations, two or more detached one or two-family dwellings shall be considered as one building when occupying one lot; provided, however, there shall be a minimum of ten feet. Where a building is erected or structurally altered for dwelling purposes for buildings more than three stories in height, each of the two side yards shall be increased one foot in width for each additional story above the third. For dwellings more than eight stories or 100 feet in height, the front, side and rear yards shall be increased an additional foot for each foot such buildings exceed 100 feet in height.
(3)
Lot area. The minimum area of any lot used for dwelling purposes in an R-3 dwelling district shall be 6,000 square feet; provided, however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 7,500 square feet plus 700 square feet for each family in excess of two.
(4)
Lot width. The minimum width of any lot used for dwelling purposes shall be 50 feet.
(5)
Floor area. Every multiple-family dwelling hereafter erected, constructed, reconstructed, or altered in an R-3 dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches, and garages, of not less than 560 square feet for each efficiency or one-bedroom unit; 750 square feet for each two-bedroom unit; and 1,000 square feet for each three-bedroom unit.
(7)
Height limit. No building in the R-3, multiple-family dwelling district shall exceed the height of 35 feet or 2½; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided. In the R-3 dwelling district, public or semi-public buildings, hotels, hospitals, sanitariums, or schools may be erected to a height not exceeding 75 feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed 35 feet in height.
(8)
Off-street parking. There shall be provided in connection with every use permitted in the R-3 dwelling district, off-street parking space in accordance with the provisions in section 40-83.
(9)
Signs. Permitted signs in the R-3, multiple-family dwelling district shall be in accordance with the regulations in section 40-84.
(d)
Requirements pertaining to property zoned for manufactured homes. The requirements pertaining to property zoned in the M-H, manufactured home dwelling district are as follows:
(1)
Transient stand 1 and 2 subdivided lots. In zoning districts where manufactured homes are permitted, the minimum lot area required for a house trailer or manufactured home shall be 3,200 square feet per unit for transient stand 1 and 2,500 square feet per unit for transient stand 2, and 4,000 square feet per unit for a subdivided lot. Current transient stands that are conforming to the appropriate M-H or R-4 classifications shall exist under the grandfather clause at the passage of the ordinance. Any transient stand currently in a nonconforming status at the approval of this chapter will remain nonconforming.
(2)
Lot width.
a.
Transient stand 1 and 2: In zoning districts where manufactured homes are permitted; the minimum lot width shall be 30 feet per unit.
b.
Subdivided lot: In zoning districts where manufactured homes are permitted, the minimum lot width shall be 40 feet per unit.
(3)
Lot depth.
a.
Transient stand 1 and 2: In zoning districts where manufactured homes are permitted, the minimum lot depth shall be 100 feet per unit.
b.
Subdivision lot: In zoning districts where manufactured homes are permitted, the minimum lot depth shall be 100 feet per unit.
(4)
Front yard(transient stand 1 and 2 subdivided lot). No manufactured home shall be placed, located or erected nearer than 25 feet of any dedicated street or highway right-of-way nor shall any such mobile or house trailer unit be located nearer than ten feet to any private drive used for access, circulation or service to the plot, lot, tract, or stand upon which a mobile home or house trailer is located.
(5)
Side yard.
a.
Manufactured homes and mobile homes. The minimum side yard for a manufactured home shall be ten feet and the minimum space between adjacent mobile homes or house trailers shall be 15 feet for transient stands 1 and 2.
b.
Subdivided lots. There shall be two side yards for each structure in the subdivided lots, one on each side of such structure. No side yard shall be less than five feet measured from the side property line to the side of the structure, and no covered porch, covered terrace, or attached accessory building shall project into any required side yard space. All required side yards shall be open and unobstructed except for fences and for ordinary projections of sills, belt courses, cornices, etc., but in no case shall any such projections exceed 24 inches.
(6)
Rear yard.
a.
Manufactured homes. The minimum rear yard for a manufactured home shall be ten feet for a transient stand 1 and 2.
b.
Subdvided lots. There shall be a rear yard for every structure in the subdivided lot which shall have a depth of not less than five feet measured from the back of the structure to the rear property line or in the case of an easement, from the closest easement line.
(7)
Density and park area transient 1 and 2. Each manufactured home park or trailer court shall not exceed a maximum density of 15 lots or stands per acre as determined by the total area bounded by the manufactured home park or trailer court property lines and shall provide a minimum of three acres in area, but in no case shall there be less than ten manufactured home lots or stands. Transient stand 2 shall consist of ten or less units and must meet all setback requirements pertaining to transient stand 2, units and property shall be owned by one and the same property owner.
(8)
Height limits. The maximum height of any building or structure within a manufactured home park or subdivision shall be two stories.
(9)
Off-street parking. In every manufactured home park, court, or subdivision, there shall be provided for each mobile home or house trailer unit off-street parking spaces in accordance with section 40-83.
(10)
Signs. Permitted signs in the MH district shall be in accordance with section 40-84.
(11)
Screening. A six-foot solid permanent screening fence or wall shall be constructed along the property lines of each manufactured home park, court of subdivision.
(12)
Skirting. Each individual manufactured home, mobile home or house trailer shall be completely skirted.
(e)
Requirements pertaining to property zoned C-1. The requirements pertaining to property zoned in the C-1, neighborhood business district are as follows:
(1)
Front yard. There shall be a front yard for every structure in the C-1, neighborhood business district having a depth of not less than 25 feet from the property line to the face of the building. No covered porch, covered terrace or attached accessory building shall project into any front yard space.
(2)
Rear yard. There shall be a rear yard for every structure in the C-1, neighborhood business district which shall have a depth of not less than 15 feet from the property line, or in case of an easement, from the closest easement line.
(3)
Side yards. No side yards are required in the C-1, neighborhood business district except in instances where a building is erected or structurally altered for dwelling purposes, in which case there shall be two side yards, one on each side of the building, of not less than five feet for each side. If property in the C-1 district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling district purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for C-1 district shall not be required to exceed five feet.
(4)
Lot area. The minimum area of any lot used for dwelling purposes shall be 6,000 square feet; provided however, that in the case of apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 7,500 square feet plus 700 square feet for each family in excess of two.
(5)
Lot width. The minimum width of any lot used for dwelling purposes shall be 50 feet and a commercial building 65 feet.
(6)
Height limit. No building in the C-1, neighborhood business district shall exceed the height of 35 feet or two and one-half stories; however, one-family dwellings may be increased in height not more than ten feet when two side yards of not less than 15 feet each are provided. In the C-1 district, public or semipublic buildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding 75 feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed 35 feet in height.
(7)
Outside displays of merchandise prohibited. There shall be no outside display of merchandise in connection with any of the permitted uses within the C-1 district.
(8)
Off-street parking. There shall be provided in connection with every use permitted in the C-1, neighborhood business district off-street parking space in accordance with the provisions of section 40-83.
(9)
Signs. Permitted signs in the C-1 business district shall be in accordance with the regulations in section 40-84.
(10)
Screening. Protective screening in the C-1, neighborhood business district shall be provided in accordance with section 40-86.
(f)
Requirements pertaining to property zoned C-2. The requirements pertaining to property zoned in the C-2, community business district are as follows:
(1)
Front yard. If any building is erected or structurally altered for dwelling purposes in the C-2, community business district, a front yard of not less than 25 feet in depth is required. Otherwise, no front yard is required in the C-2, community business district. Except where building lines have been established by ordinance in a block, any building on any property (except where used for residential purposes) when fronting upon a major thoroughfare or collector street, shall be set back at least 50 feet from the centerline of the street fronting the property; except in the case of property fronting streets at least 100 feet in width, the setback shall be at least 55 feet, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace or attached accessory building.
(2)
Rear yard. There shall be a rear yard for every structure in the C-2, community business district which shall have a depth of not less than 15 feet from the property line, or in the case of an easement, from the closest easement line.
(3)
Side yards. No side yards are required in the C-2, community business district except in instances where a building is erected or structurally altered for dwelling purposes, in which case there shall be two side yards, one on each side of the building, of not less than five feet for each side. If property in the C-2 business district is not used for dwelling purposes, but abuts upon the side of a lot zoned for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for C-2 business district shall not be required to exceed five feet.
(4)
Lot area. The minimum area of any lot used for dwelling purposes shall be 7,500 square feet for commercial use and 6,000 square feet for residential. The only exception could be a seasonal business which would have to receive a city permit.
(5)
Lot width. The minimum width of any lot used for dwelling purposes shall be 65 feet for commercial and 50 for residential.
(6)
Height limit. No building in the C-2 business district shall exceed the height of 60 feet, or four stories. In the C-2 business district, public or semipublic buildings, hotels, hospitals, sanitariums or schools may be erected to a height not exceeding 80 feet when the front, side or rear yards are each increased an additional foot for each foot such buildings exceed 60 feet in height.
(7)
Off-street parking. There shall be provided in connection with any use permitted in the C-2 business district off-street parking space in accordance with the provisions of section 40-83.
(8)
Signs. Permitted signs in the C-2 business district shall be in accordance with the regulations in section 40-84.
(9)
Screening. Protective screening in the C-2, community business district shall be provided in accordance with section 40-86.
(g)
Requirements pertaining to property zoned I-1. The requirements pertaining to property zoned in the I-1, light industrial district are as follows:
(1)
Front yard. No front yard is required in the I-1, light industrial district, but any building on any property, except where building line ordinances provide otherwise, shall be set back 55 feet from the centerline of the street fronting the property, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.
(2)
Side yard. If property in the I-1 light industrial district abuts upon the side of a lot being used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for light industrial use shall not be required to exceed five feet.
(3)
Height limit. There shall be no height limitations for buildings in the I-1 industrial district.
(4)
Off-street parking. There shall be provided in connection with any use permitted in the I-1, light industrial district, off-street parking space in accordance with the provisions of section 40-83.
(5)
Signs. Permitted signs in the I-1 light industrial district shall be in accordance with the regulation in section 40-84.
(6)
Screening. Protective screening in the I-1 light industrial district shall be provided in accordance with section 40-84.
(h)
Requirements pertaining to property zoned I-2. The requirements pertaining to property zoned in the I-2, heavy industrial district are as follows:
(1)
Front yard. No front yard is required in the I-2, heavy industrial district, but any building on any property, except where building line ordinances require otherwise, shall be set back 55 feet from the centerline of the street fronting the property, such distance being measured from the centerline of the street to the front line of the building, covered porch, covered terrace, loading dock or attached accessory building.
(2)
Side yards. If property in the I-2, heavy industrial district abuts upon the side of a lot used for dwelling purposes, there shall be allowed a minimum space of ten feet in width between buildings; provided, however, that the side yard of the property zoned for heavy industrial use shall not be required to exceed five feet.
(3)
Off-street parking. There shall be provided in connection with any use permitted in the I-2, heavy industrial district, off-street parking space in accordance with the provision of section 40-83.
(4)
Signs. Permitted signs in the I-2, heavy industrial district shall be in accordance with the regulations in section 40-84.
(5)
Screening. Protective screening in the I-2, heavy industrial district shall be provided in accordance with section 40-86.
(Ord. No. 04-04, § 18-7, 8-16-2004; Ord. No. 22-15, § 2, 11-14-2022)
The schedule of permitted used uses applicable for district regulations is as follows:
(Ord. No. 04-04, § 18-8, 8-16-2004; Ord. No. 25-04, § 2, 2-24-2025)