The zoning districts are established into nine classifications, as follows:

(Code 1996, § 156.020; Ord. No. 1994-06, 3-1-1994)

The zoning districts are described as follows:

(1)

Agricultural Zone (A). This type of zone permits the one acre size lot or larger for residential use. It is a type of zone that property is classified as when annexed into the city.

(2)

Residential Zone, Single-Family (R-1). Permits only single-family dwellings.

(3)

Residential Zone, Multifamily (R-2, R-3). The two different types of residential zones allow for different minimum size lot areas. Residential R-2 zone allows for a minimum 5,000 square foot lot area for a single-family dwelling with a minimum size of 6,000 square feet for two or more dwellings. Residential R-3 zone allows for a minimum 4,000 square foot lot size for a single-family dwelling and a minimum size of 6,000 square feet for two or more dwellings. The different residential districts allow for varying residential lot sizes to develop.

(4)

Commercial Zone (C). The commercial zone allowing general retail, office use and sales of commercial items.

(5)

Central Business Area Zone (CB). Describes the downtown business area. This classification is used to allow zero front and side lot lines and setbacks to be maintained in an area which requires zoning flexibility to protect and enhance this unique area.

(6)

Industrial Zone (I). An industrial district allows certain performance standards for hazardous storage, obnoxious sound, odorous nuisance and pollutants. No residential uses are permitted in this zone.

(7)

Planned development zone (PD). A mixed land use area containing residential and/or nonresidential types. A plan submittal and approval is required by the city for this type of development.

(8)

Manufactured home and recreational vehicle zone (MH). A zone requiring a plan for manufactured home types in a park or subdivision. Refer to the manufactured home and recreational vehicle ordinance in chapter 152.

(Code 1996, § 156.021; Ord. No. 1994-06, 3-1-1994)

The zoning classifications, planned development and manufactured home, if requested and approved, require submission of a plan from the petitioner to be approved by the city. An outline of the zone classification types and land use type is as follows:

(1)

Planned development district (PD). A zoning classification which allows a land area by district to be developed with flexible standards and mixed land uses. Mixed uses such as residential, office, retail and industrial types can be designed in an orderly manner which will not conflict with adjoining zone districts and can be made compatible through means as setbacks and performance standards which are compatible with the conceptual land area plan and zoning district separation requirements. The minimum land area for such a proposal is eight acres.

(2)

Manufactured home park and/or subdivision district. Any proposed manufactured home park subdivision and/or recreational vehicle park subdivision will require a plan approval for development. The plan requirement is part of the specific use permit request. The manufactured home or recreational park subdivision shall contain no less than three acres each with a minimum depth or width of 300 feet located on a public street or highway. Refer to chapter 152 for detailed requirements.

(Code 1996, § 156.022; Ord. No. 1994-06, 3-1-1994)

The boundaries of these districts are indicated upon the zoning map of the city, which is on file in the offices of the city and made a part of this chapter, the same as if copied in full herein. Where uncertainty exists as to the boundaries of a district as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

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

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following shorelines of creeks shall be construed to follow such shorelines and in the event of their movement the boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line.

(6)

In undivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(7)

In the case of a district boundary line dividing a property into two parts, the property will remain divided until the property owner, firm or corporation petitions the city council for rezoning.

(8)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

(Code 1996, § 156.023; Ord. No. 1994-06, 3-1-1994)

(a)

The official zoning map shall be kept in the office of the city secretary and one copy shall be maintained in the office of the building official. One copy shall be kept by the planning and zoning commission. It shall be the duty of the city secretary to keep the official map current and the copies thereof, herein provided for, by entering on such map any changes which the city council may from time to time order by amendments to the zoning ordinance and map.

(b)

The city secretary, upon the adoption of the ordinance from which this chapter is derived, shall affix a certificate identifying the map in his office as the official zoning map of the city. He shall likewise officially identify the copies directed to be kept by the planning and zoning commission and in the office of the building official. All amendments of the map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.

(Code 1996, § 156.024; Ord. No. 1994-06, 3-1-1994)

It is recognized that new or unlisted types of land use may seek to locate in the city. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made as follows:

(1)

The building official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning district into which such use shall be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(2)

The planning and zoning commission and the city council shall hold a joint public hearing and meet with the parties of interest and shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. Such public hearings shall be scheduled and conducted in accordance with the provisions of section 156.079(e) and (f).

(3)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall review recommendation of the planning and zoning commission, and make such determination concerning the classification of such use as it determines appropriate.

(Code 1996, § 156.025; Ord. No. 1994-06, 3-1-1994)

(a)

A correctional or rehabilitation facility may not be located in the city within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by any governmental authority, or a church, synagogue, or other place of worship.

(b)

For the purposes of this section, distance is measured along the shortest straight line between the nearest property line of the correctional or rehabilitation facility and the nearest property line of the residential area, school, park, recreation area, or place of worship, as appropriate.

(c)

For the purposes of this section, the term "correctional or rehabilitation facility" means a residential facility that is not operated by the federal government, the state, or the county, and that is operated for the purpose of housing persons who have been convicted of misdemeanors or felonies or children found to have engaged in delinquent conduct, regardless of whether the persons are housed:

(1)

While serving a sentence of confinement following conviction of an offense;

(2)

As a condition of probation, parole, or mandatory supervision; or

(3)

Within one year after having been released from confinement in any penal institution.

(d)

For the purposes of this section, the term "residential area" means:

(1)

Any area designated as a residential zoning district by this ordinance; and

(2)

Any area in which the principal permitted land use by this ordinance is for private residences.

(e)

The city council finds the requirements of this section are reasonably necessary to preserve the public safety, morals, and general welfare.

(Code 1996, § 156.026; Ord. of 4-26-1999)

The minimum residential lot area for the various districts shall be in accordance with the following schedules, except that an official lot of record existing prior to the adoption of the ordinance from which this chapter is derived may be used.