These zoning regulations are enacted for the purposes of promoting the health, safety, morals, and general welfare of the community; lessening congestion in the streets; securing safety from fire, panic, and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; conserving the value of buildings and encouraging the most appropriate use of land throughout the community; and promoting the development of the community in accordance with a comprehensive plan.

(Code 1990, § 12-202; Code 2010, § 12-202; Code 2013, § 48-1)

As concerns interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinance, the provisions of this chapter shall control.

(Code 1990, § 12-203; Code 2010, § 12-203; Code 2013, § 48-2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure customarily incidental, appropriate and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.

Add-a-room unit means a unit of manufactured housing, not designed as a part of the original structure, which may have less occupied space than a manufactured housing section.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory shall be secondary to that of normal agricultural activities, and provided further that the above uses shall not include the commercial feeding of swine or other animals, stockyards or commercial feedlots for cattle.

Alley means a minor right-of-way dedicated to public use not more than 30 feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.

Anchoring system means an approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.

ANSI/NFPA 501 A Standard for Installation of (Manufactured) Mobile Homes means those model mobile homes, as adopted and copyrighted by the National Fire Protection Association and the Manufactured Housing Institute.

Approved means acceptable to the appropriate authority having jurisdiction, by reason of investigation, accepted principles, or tests by nationally recognized organizations.

Automobile or trailer sales area means an open area, other than a street, used for the display, sales or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Automobile repair, major, means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

Automobile repair, minor, means the incidental replacement of parts and motor service to passenger cars and trucks not exceeding 1½ tons capacity.

Automobile service station or filling station means any area used for retail sale of gasoline or oil fuels or automobile accessories, and incidental services including facilities for lubricating, and washing and cleaning, but not including painting, major repair, or the sale of butane or propane fuels.

Bed and breakfast inn means a dwelling, including on-site accessory structures, containing a single-family dwelling unit in which the inn owner or manager resides and in which, for compensation, temporary night-to-night lodging not to exceed 14 consecutive days with or without meals being provided is offered.

Block, in describing the boundaries of a district, refers to the legal description. In all other cases, the term "block" means the property abutting on one side of the street between two intersecting streets or between an intersecting street and a railroad right-of-way or between an intersecting street and a watercourse.

Board of adjustment means the board of adjustment of the city.

Boardinghouse or roominghouse means a facility where meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns and other such facilities.

Building or structure means any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals, or property.

Building, accessory. See Accessory use or structure.

Building code means the officially adopted building code in effect within the municipality.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or the average height of the highest gable of a pitch or hip roof.

Building line means a line established beyond which no part of a building shall project except as otherwise provided by these zoning regulations.

Building, principal, means a building or buildings in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the principal building on the building site.

Bulletin board means any sign announcing the activities of an educational, religious, institutional or similar use.

Cemetery means the land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.

Child care center means any place, home or institution which receives three or more children under 16 years of age for care apart from their natural parents, legal guardians or custodians, and received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of the state, custody of children fixed by a court, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within their institutional building while their parents or legal guardians are attending services or meetings or classes and other church activities.

Clinic means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.

Club means a nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Comprehensive plan means the official plan of the city, as adopted by the city council.

Dwelling means any building or portion thereof designed or used as a residence of one or more persons, but not including a tent, cabin, trailer coach, mobile home, boarding or roominghouse, hotel or motel.

Dwelling, modular, means a relocatable living unit manufactured off site and transported on an independent carrier unit, to a permanent site which has been constructed in accordance with an engineering bulletin issued by the office of technical standards, Department of Housing and Urban Development, Washington, D.C.

Dwelling, multifamily, means a building or portion thereof containing three or more dwelling units and designed for or used by three or more families; also includes the term "apartments."

Dwelling, single-family, means a building containing one dwelling unit and designed for or used exclusively by one family.

Dwelling, two-family, means a building containing two dwelling units and designed for or used exclusively by two families; also includes the term "duplex."

Dwelling unit means a room or group of rooms arranged, intended or designed as a habitable unit, containing kitchen, bath and sleeping facilities for not more than one family living independently of any other family.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication supply or disposal systems, including poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

Expando unit means an expandable manufactured housing unit.

Family means a person living alone or two or more persons related by blood or marriage, living together as a single housekeeping unit, using a single facility in a dwelling unit for culinary purposes, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, motel, fraternity house, or sorority house.

Flood hazard area means the land area adjoining a floodway which is not reasonably required to carry and discharge the floodwater of the 100-year-frequency flood but which would be inundated by the floodwater of the 100-year-frequency flood based on full urbanization of the watershed.

Flood, 100-year-frequency, means a flood having an average frequency of occurrence once in 100 years although the flood may occur in any year, based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and runoff characteristics in the general region of the watershed, as determined by the city engineer, or as determined by the U.S. Corps of Engineers and confirmed by the city engineer or as determined by a registered professional engineer and certified by the city engineer.

Floodway means the channel of a watercourse or drainway and those portions of the adjoining lands which are reasonably required to carry and discharge the floodwater of the 100-year-frequency flood.

Floor area means the sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two buildings.

Foundation code means the Standards for the Permanent Installation of Manufactured Homes as adopted by ordinance.

Foundation siding/skirting means a type of wainscoting constructed of fire- and weather-resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.

Frontage means the linear measurement of a lot boundary which is abutting a street.

Garage apartment means a dwelling for one family erected as a part of a private garage.

Garage, parking, means any building or portion thereof used for the storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

Garage, private, means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.

Garage, repair, means a detached accessory building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Guy tower means a steel lattice supported by guy wires, so designed to support the tower which holds one or more antennas and related equipment for wireless communications.

Height means the vertical measurement of any structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure.

Home occupation means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one non-illuminated nameplate, not more than two square feet in area, attached to the main or accessory building, and no mechanical equipment is used except such as is customarily used in purely domestic or household purposes. A tearoom, restaurant, rest home, clinic, barbershop, beauty parlor, doctor's or dentist's office, child care center, tourist home or cabinet shop, metal shop, lawn mower repair, or auto repair garage shall not be deemed a home occupation.

Hospital. See Medical facilities.

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including a trailer park, or camp, hospital, asylum, orphanage, or building where persons are housed under restraint.

Industry means the storage, repair, manufacture, preparation or treatment of any article, substance, or any commodity for commercial use.

Institutional uses means those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis.

Junk or salvage yard means a place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, housewrecking yards, used-lumber yards and places or yards for storage of salvaged house-wrecking yards and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvage materials incidental to manufacturing operations.

Kennel means any structure or premises on which three or more dogs over four months of age are kept.

Lattice tower means a steel lattice, self-supporting structure with no guy support, so designed in support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

Livability space means the open space of a lot which is not allocated to or used for off-street parking or loading areas or for paved access to the off-street parking or loading area.

Loading space means a space on the same lot as the principal use of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of a:

(1)

Single lot of record;

(2)

Portion of a lot of record;

(3)

Combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and

(4)

Parcel of land described by metes and bounds;

provided that, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these regulations.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.

(1)

Lot measurements for depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front with the rearmost points of the side lot lines in the rear.

(2)

Lot measurements for width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 percent requirement shall not apply.

Lot of record means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot types. The diagram (figure 1) which follows illustrates terminology used in these zoning regulations with reference to corner lots, interior lots, reversed frontage lots and through lots:

(1)

A = Corner lot, defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram;

(2)

B = Interior lot, defined as a lot other than a corner lot with only one frontage on a street;

(3)

C = Through lot, defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots; and

(4)

D = Reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees to the general pattern in the area). A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-D).

Editor's note— The diagram referred to in this definition is not printed herein but is on file in the city offices.

Manufactured home means a dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal manufactured housing construction and safety standards code. The three types of manufactured homes (Type I, Type II and Type III) are defined as meeting all of the appropriate requirements of sections 48-610 and 48-611.

Manufactured home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.

Manufactured Housing Construction and Safety Standards Code means title VI of the 1974 Housing and Community Development Act (42 USC 5401 et seq.), as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), which became effective for mobile/manufactured home construction on June 15, 1976.

Manufactured or mobile home community (park) means a parcel of land on which two or more manufactured or mobile homes are occupied as residences.

Mean lot elevation means the average elevation of a lot.

Medical facilities means and includes the following types of facilities:

Dental or doctor's offices means the same as dental or medical clinics, including the various dental and medical specialties.

Dental or medical clinics means a building used for the examination and treatment of the physically ill, provided that no facilities are provided for patients remaining overnight except under emergency conditions.

Hospital means an institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

Nursing homes, rest homes or convalescent homes.

Public health center means a facility primarily utilized by a health unit for providing public health services, including related facilities.

Mobile home means a detached residential dwelling unit designed for long-term occupancy and containing sleeping accommodations and designed for transportation, after fabrication, on its own wheels with the carriage frame for transportation being an integral part of the construction of the unit including axles, wheels and hitch, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, and connection to utilities. A mobile home must be a transportable structure larger than 320 square feet, designed to be used as a yearround residential dwelling, and built prior to the enactment of the federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction June 15, 1976.

Mobile home lot means a portion of a mobile home park allocated to the exclusive use of the occupants of a single mobile home.

Mobile home park means a parcel of land under single ownership which has been planned and improved for placement of mobile homes to be occupied as residences.

Modular home. See Dwelling, modular.

Monopole means a self-supporting pole type structure with no guy wire support, tapering from base to top and so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

Motel means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons.

Occupied space, as applied to mobile and manufactured homes, means the total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios and porches.

Open space means an area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices and eaves of porches.

Parcel means a lot as defined herein.

Parking space means a permanently surfaced area of not less than 200 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.

Permanent foundation, as applied to mobile and manufactured homes, means any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

Permanent perimeter enclosure, as applied to mobile and manufactured homes, means a permanent perimeter system completely enclosing the space between the floor joists of the home and the ground.

Planning commission means the city planning commission, as established by the city as permitted by state law. The city planning commission shall also be the zoning commission for the city.

Recreational vehicle means a portable vehicular structure not built to the federal Manufactured Housing Construction and Safety Standards Code (or the obsolete ANSI 119.1 Mobile Home Design and Construction Standard) designed for travel, recreational camping or vacation purposes, either having its own motor power or mounted onto or drawn by another vehicle, and including, but not limited to, travel and camping trailers, truck campers, and motor homes.

Roominghouse. See Boardinghouse or roominghouse.

Section means a unit of a manufactured home at least ten body feet in width and 30 body feet in length.

Sign means any word, lettering, part of letters, figures, numeral, phrases, sentences, emblems, devices, designs, picture, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. "For Sale" and "For Rent" shall be deemed signs within the meaning of this definition, but the term "sign" shall not include the flag, pennant, or insignia of any nation, state, city, or other political, education, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event used for a public purpose in the public interest.

Sign display surface area means the net geometric area of the surface of the sign upon, against or through which the message is displayed or illustrated, including the outward extremities of all letters, figures, characters and delineations, provided that only one face of a double-faced sign shall be included in the computation of display surface area.

Sign, illuminated, means a sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.

Sign, projecting, means a sign erected on the face or outside area of a building which projects out at any angle therefrom.

Sign, temporary, means a sign of temporary nature used to advertise the premises for sale, rent, or lease.

Special exception means a use or a design element of a use which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of these zoning regulations.

Special exception permit means a device for permitting a use within a district other than a principally permitted use.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Street means a public right-of-way more than 30 feet in width which is the primary public means of access to abutting property and used primarily for vehicular circulation.

Street, arterial, means any street designated on the comprehensive plan as an arterial, primary arterial, secondary arterial, major street, etc.

Street, minor, means any street not designated on the comprehensive plan as an arterial.

Structural alteration means any change in the structural members of a building, such as walls, columns, beams or girders.

Structure means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas).

Support system means a pad, or a combination of footings, piers, caps, plates, and shims, which, when properly installed, supports the manufactured or mobile home.

Thoroughfare plan means the part of the comprehensive plan referring to transportation development goals, principles, and standards; also includes use of the terms "major street plan" and "trafficways plan."

Trailer means a portable or mobile unit, other than a mobile home, used or designed to carry or transport material or animals.

Used means and includes arranged, designed, constructed, altered, converted, rented, leased and intended to be used.

Variance means a relaxation of a restriction of the zoning district regulation granted by the board of adjustment where, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstances of a particular property, the literal enforcement of the restriction would result in unnecessary hardship.

Yard means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street.

(1)

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 30 inches and ten feet;

(2)

In the case of through lots, unless the prevailing front yard pattern or adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots;

(3)

In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard or half the depth required generally for front yards in the district shall be provided on the other frontage;

(4)

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard or half the depth required generally for front yards in the district shall be provided in the other frontage; and

(5)

In the case of corner lots with more than two frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations:

a.

At least one front yard shall be provided having the full depth required generally in the district; and

b.

No other front yard on such lot shall have less than half the full depth required generally.

Yard, rear, means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear of front yards required. In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards. The width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, special, means a yard behind any required yard adjacent to a public street required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the zoning administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Yard depth means and is measured as follows:

(1)

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel;

(2)

Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

(Code 1990, § 12-208; Code 2010, § 12-208; Code 2013, § 48-3)

A violation of these zoning regulations shall be deemed a misdemeanor and shall be punishable as provided in section 1-15. Any person, firm or corporation who violates or refuses to comply with any of the provisions of these regulations shall be punished as provided in section 1-15 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1990, § 12-219; Code 2010, § 12-219; Code 2013, § 48-4)

These zoning regulations shall be in full force and effect in the corporate limits of the city. Territory annexed to the corporate limits of the city, subsequent to the effective date of these zoning regulations shall immediately be subject to the provisions of these zoning regulations and shall be deemed to be designated as A-1 Rural Agricultural District until altered or reclassified in the manner provided by law.

(Code 1990, § 12-204; Code 2010, § 12-204; Code 2013, § 48-5)

The zoning map adopted October 5, 2015 and hereafter amended from time to time is adopted and incorporated herein by reference and adopted as part of this Code.

(Code 1990, § 12-205; Code 2010, § 12-205; Code 2013, § 48-6; Ord. No. 789, § 1, 10-5-2015)

It shall be the duty of the zoning administrator to maintain an up-to-date official zoning map, including all amendments directly adopted by the city council.

(Code 1990, § 12-207; Code 2010, § 12-207; Code 2013, § 48-7)

The boundaries of a zoning district shall extend to a centerline of abutting streets, regardless of the legal description used in establishing such districts. In the event of uncertainty in the exact boundaries of any of the districts as shown on the zoning map, the planning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the board of adjustment, and the board of adjustment shall make the final determination.

(Code 1990, § 12-206; Code 2010, § 12-206; Code 2013, § 48-7)

Zoning regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality.

(Code 1990, § 12-110; Code 2010, § 12-110; Code 2013, § 48-9)

It is the duty of the zoning administrator to enforce this chapter. If the zoning administrator shall find any of the provisions of this chapter are being violated, he shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take such other action as is authorized by law to ensure compliance with or to prevent violation of the provisions of this chapter.

(Code 1990, § 12-211; Code 2010, § 12-211; Code 2013, § 48-10)

(a)

Purpose. For the purposes of providing a proper arrangement of streets and ensuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established, as provided in this section.

(b)

Approval of city council and recordation in county records required. For any land that has been rezoned upon application of a private party, no building permit or zoning clearance permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to and approved by the city council upon the recommendation of the planning commission, and filed of record in the office of the county clerk where the property is situated.

(c)

Waiver. The city council, upon the recommendation of the planning commission, may waive the platting requirement upon a determination that the purposes stated in this section have been achieved by previous platting or could not be achieved by plat or replat.

(Code 1990, § 12-218; Code 2010, § 12-218; Code 2013, § 48-11)