1.   Classifications. In order to classify, regulate, and restrict the locations of trades, industries and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings, to regulate and limit the intensity and use of the lot areas, and to regulate and determine the areas of yards, courts, and open spaces surrounding the buildings, the City is hereby divided into 14 districts, known as:

S.A.   Suburban Agricultural District

R-1   Single-Family Dwelling District

R-2   Two-Family Dwelling District

R-3   Multiple-Family Dwelling District

R-4   Mobile Home Park District

R-5   Travel Trailer Park District

C-1   Neighborhood Local Business District

C-2   Central Business District

C-3   Interstate-Highway Oriented Commercial District

M-1   Light Industrial District

M-2   Moderate Industrial District

M-3   Heavy Industrial District

M-4   Extra Heavy Industrial District

P.U.D.   Planned Unit Development District

2.   Official Zoning Map. The location and boundaries of the zoning districts established by this chapter are set forth on the map entitled Official Zoning Map, which is herein and hereby made a part of this chapter. Said map, together with everything shown thereon, and all amendments thereto, shall be as much a part of this chapter as set forth and described herein, the original of which is properly attested and on file with the Clerk.

3.   Map Amendments. Amendments, supplements, or changes of the boundaries of districts as shown on the Official Zoning Map shall be made by ordinance amending the zoning ordinance codified in this chapter. The amending ordinance shall refer to the Official Zoning Map and shall set out the identification of the area affected by legal description and identify the zoning district as the same exists and the new district designation applicable to said property. Said ordinance shall, after adoption and publication, be recorded by the City Clerk in the office of the County Recorder and a certified copy thereof be attached to the Official Zoning Map. Such amendatory ordinance shall, however, not repeal or reenact said map, but only amend it. The Official Zoning Map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.† 9

4.   Map Replacement. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of use, the Council may by resolution adopt a new map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof; said map shall be updated at a period of every 12 months, beginning January, 2002. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk.

5.   Annexed Territory. All territory which hereafter is annexed into the City shall be classified automatically as being S.A. Suburban Agricultural District until such classification is changed by amendment of the zoning ordinance as provided herein.

6.   Vacated Public Ways. Whenever any street, alley, or other public way is vacated by official action of the 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 appropriate regulations of the extended districts.

7.   Warnings. Except as hereinafter provided:

   A.   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit, nor shall any building or land exceed the area regulations or use, in which the building or land is located.

   B.   The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of the zoning ordinance shall not be encroached upon or considered as yard or open space requirements for any new building hereafter erected.

   C.   Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on any one lot unless otherwise provided in this chapter.

8.   Parking/Loading Requirements. Whenever a new structure is to be constructed, erected, or installed, or an existing structure is to be converted to another use and/or undergo significant structural modification, off-street parking areas and loading spaces shall be provided as described in this subsection. The Planning and Zoning Commission shall determine when the modification or conversion of an existing structure is of sufficient significance so as to warrant the provision of additional parking areas and/or loading spaces as specified by this subsection.

   A.   Off-street Loading Spaces. In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of 2,500 square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained with such building the following off-street loading areas:

 

 

   B.   Provision of Off-street Parking. In all districts, off-street accessory parking areas, in the open or in a garage, shall be provided in connection with the uses set forth herein, in addition to the above required loading and unloading spaces. Such areas, in the case of the “S.A.”, “R-1”, “R-2”, “R-3”, “R-4”, and “R-5” Districts shall be on the premises intended to be served; and in the case of “C-1”, “C-2”, “C-3”, “M-1”, “M-2”, “M-3”, and “M-4” districts, such areas shall be on the premises intended to be served, or on adjoining or nearby property within 300 feet of any part of said premises and in the same or less restricted district. Additionally, parking areas for multiple dwellings shall have installed a minimum of one 175-watt mercury vapor lamp (or equivalent) for every eight parking spaces required by the provisions of this Code. The lighting from such installation shall be directed away from the actual dwelling area of the property and shall not unreasonably interfere with normal use of the dwelling area.

   C.   Commercial Parking Area and Requirements. (Property starting at Durant and Main Streets., go east to Henry Street, then north to Bryant Street, then east to Blue Grass Road, then north to Lincoln Street, then west to Henry Street, then north to Otis Street, then west to Parker Street, then south to Durant Street, then east to point of beginning.) Commercial area parking requirements will be reviewed by a case by case basis before the Commission.

   D.   Number of Parking Spaces Required.

      (1)   Whenever a structure is erected, converted, or structurally altered for a two-family or multiple family dwelling, two parking spaces shall be provided on the lot or adjoining property for each dwelling unit in the structure. Two parking spaces shall be provided on the lot of a single family structure.

      (2)   In all cases, the number of employees to be used when determining the number of parking spaces required shall be the maximum number of employees at work at the same time. (See Table 1 for the parking space requirements according to use.)

      (3)   All parking spaces provided shall be located no closer to the boundaries of any lot affected than the building setback line required by provisions of this Code of Ordinances. Parking spaces shall have a separate access to each parking space.

   E.   Definition and Interpretation.

      (1)   Parking Space. Each parking space rectangular in shape shall be not less than nine feet wide and 20 feet long, exclusive of access driveways.

      (2)   Loading Space. Each loading space shall not be less than 10 feet wide, 60 feet in length and 14 feet in height, exclusive of access and turning areas.

      (3)   Floor Area. In the case of merchandising or service types of uses, “floor area” means the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons or clients, but does not include areas used principally for non-public uses, such as toilet or restrooms, utilities, or dressing rooms.

      (4)   Benches in Place of Public Assembly. In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this chapter.

      (5)   Development Standards. Off-street accessory parking areas and driveways in R-1, R-2, R-3, R-4, R-5, commercial, and industrial zoning districts shall be improved with a minimum of four inches of reinforced concrete or the asphalt equivalent, and shall be graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining lots in any “S.A.”, “R-1”, “R-2”, R-3, “R-4”, or “R-5” District.

      (6)   Exceptions. The Board of Adjustment may authorize on appeal a modification, reduction, or waiver of the foregoing requirements if it should find that in the particular case the peculiar nature of any use, or other exceptional situation, or condition would justify such modification, or reduction or waiver.

      (7)   In the case of any use which is not specifically mentioned in the following table, the provisions for a similar use mentioned shall apply, as determined by the Building Official.

Table 1
Parking Space Requirements

 

9.   Outlots. An outlot means a lot of record, within or without a subdivision, upon which there is located no existing residential, commercial, industrial or mobile home improvement and/or upon which no specific use is enjoyed other than a farm use as defined in Chapter 166 of this Code of Ordinances or as may otherwise be set forth herein, and which lot is designated an “outlot” on any plat, survey, or other depiction thereof.

10.   Double Frontage Residential Lots. Notwithstanding other provisions of this Code, double frontage residential lots existing at the time of adoption of the zoning ordinance shall be subject to the following restrictions:

   A.   The address side of the residence shall be the front yard. If no residence is located upon the specific double frontage lot, the front yard of the lot shall be that side of the lot in alignment with front yards of adjacent residences. All construction shall be undertaken in reference to the front yard of the lot as defined in this paragraph.

   B.   A corner lot which is also a double frontage lot shall have a front yard of 25 feet (minimum) and side and rear yards 10 feet (minimum). This provision shall be effective only for double frontage lots existing at the time of passage of the zoning ordinance.

11.   Corner Lots. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than 30 feet. No accessory building shall project beyond the front yard line on either street.