For the purpose of this article, the city is divided into classes of districts as follows:

(1)

G-1 District (Greenbelt).

(2)

A-1 District (Agriculture).

(3)

R-1 District (Single-Family Dwelling).

(4)

R-2 District (Multiple-Family Dwelling).

(5)

R-3 District (Over Four-Unit Multiple-Family Dwelling).

(6)

R-4 District (Mobile Home Park).

(7)

R-5 District (Suburban Residential).

(8)

C-2 District Central Business District)].

(9)

C-3 District Highway Business District)].

(10)

M-1 District Light Industrial.

(11)

M-2 District Heavy Industrial)

(Code 1996, § 121.03)

All territory hereafter annexed to the city shall be in the A-1 Agricultural District until such classification is subsequently changed by an amendment to this article.

(Code 1996, § 121.04)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules 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 railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, lakes or other bodies of water shall be construed to follow such center lines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Boundaries indicating the extremes of the floodplain are approximate; actual floodplain elevations are available from the city engineering department.

(Code 1996, § 121.08)

The regulations set by this article within each district are minimum regulations and apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of the lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in other manner contrary to the provisions of this article.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of the ordinance from which this article is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this article is derived shall meet at least the minimum requirements established by this article.

(5)

Not more than one principal building shall be permitted on any lot, tract, or parcel of land until the same has been platted in accordance with state law, except as may be otherwise specifically provided in this article.

(6)

No building in the rear of any principal building on the same interior lot shall be used for residence purposes, except as may be otherwise specifically provided in this article.

(7)

Any lot upon which a principal building is placed shall abut on a street or a public place. The minimum lot width necessary to abut upon a public street shall be 20 feet.

(8)

Nothing in this article shall prevent the restoration of any wall or other portion of a building declared unsafe by any authorized public official.

(Code 1996, § 121.09)

(a)

Within the districts established by this division or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this zoning chapter was passed or later amended, but which would be prohibited, regulated or restricted under the terms of this division or future amendments.

(b)

It is the intent of this division to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this division to be incompatible with permitted uses in the districts involved.

(c)

It is further the intent of this division that nonconformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district involved.

(Code 1996, § 121.10)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this division, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the ordinance from which this division is derived. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district.

(Code 1996, § 121.11)

Where, at the effective date of the ordinance from which this division is derived, lawful use of land exists that is made no longer permissible under the terms of this division, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this division is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this division is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this division for the district in which such land is located.

(Code 1996, § 121.12; Ord. No. 2005-1640)

If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of the ordinance from which this division is derived that would not be allowed in the district under the terms of this division, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this division in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were obviously arranged or designed for such use at the time of adoption or amendment of this division, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to a more restricted classification.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(6)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this division. If destruction is less than 50 percent of its replacement cost, reconstruction must commence within six months.

(7)

Where nonconforming use status is applied to a structure and premises in combination, removal of the structure shall eliminate the nonconforming status of the land.

(Code 1996, § 121.13)

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment to this division shall not be increased. Nothing in this division shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Code 1996, § 121.15)

The regulations described in section 50-86 shall apply to nonconforming uses in a commercial or industrial district, subject to the following exceptions:

(1)

Any structure or building in districts other than a G, A, or R district devoted to a use made nonconforming by this division may be structurally altered or enlarged in conformity with the lot area, the lot frontage and yard and height requirements of the district in which situated, provided such construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of the ordinance from which this division is derived.

(2)

In the event of such structural alteration or enlargement of buildings, the premises involved may not be used for any nonconforming use other than the use existing on the effective date of the ordinance from which this division is derived, other provisions of this division notwithstanding.

(Code 1996, § 121.14; Ord. No. 2005-1640)

(a)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations of the G-1 district. This district is established to accommodate open space and floodwater. Placement of buildings and structures is regulated by the city's floodplain regulations (article IV of this chapter). The following uses are permitted in the G-1 district:

(1)

Accessory use in conjunction with a principal use.

(2)

Essential services.

(3)

Farm or apiary, including the usual farm buildings and structures, but not including commercial feedlots and commercial grain storage and grain drying facilities.

(4)

Forests.

(5)

Golf courses and golf driving ranges.

(6)

Nature and wild life reserves.

(7)

Parking lot.

(8)

Parks, including picnic tables and similar facilities normally found in park areas.

(9)

Plant nursery and truck gardens.

(10)

Tennis court and similar game areas, including structures normally used in the playing of the game.

(11)

Special exception uses allowed by the board of adjustment as follows:

a.

Reserved for future list of special exceptions.

b.

Solar energy systems meeting the requirement of section 50-118 of this division.

(b)

Extraction of topsoil, gravel, sand or other natural resources except that in any such operation there shall be a restoration plan filed with the city containing the following:

(1)

An agreement with the city whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the city;

(2)

A physical restoration plan showing the proposed contours after restoration, plantings and other special features for the restoration and the method by which such restoration is to be accomplished; and

(3)

A bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the city attorney in an amount sufficient to secure the performance of the restoration agreement.

(Code 1996, § 122.01; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations of the A-1 district. This district is established to accommodate areas predominately agricultural in character or undeveloped for urban use. As urban development expands, areas suitable for such use will be rezoned according to the comprehensive plan. A building or premises shall be used only for the following purposes.

(1)

Accessory building in conjunction with a principal use.

(2)

Essential services.

(3)

Within the corporate limits of city, agriculture, including the usual farm buildings and structures, but not including commercial feedlots and commercial grain storage and grain drying facilities. (Note: Animals are further regulated by this Code.) Within the extraterritorial zoning jurisdiction, agriculture including the raising of crops or animals, including animal feeding operations and confinement feeding operations as permitted by department of natural resources rules and regulations for manure management plans and site distances to adjacent uses.

(4)

Forest.

(5)

Home occupation in conjunction with a principal use.

(6)

One- and two-family dwelling.

(7)

Parking lot.

(8)

Park, sports arena, playground and recreation area, including country club, golf course and swimming pool. The limited commercial sale of goods, foods and liquids normally associated with such uses is permitted.

(9)

Plant nursery and truck garden.

(10)

Stable.

(11)

Special exception uses allowed by the board of adjustment as follows:

a.

Airport, landing field, or landing strip.

b.

Area for dumping or disposal of trash or garbage.

c.

Extraction of topsoil, gravel, sand or other natural resources except that in any such operation there shall be a restoration plan filed with the city containing the following:

1.

An agreement with the city whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the city;

2.

A physical restoration plan showing the proposed contours after restoration, plantings and other special features for the restoration and the method by which such restoration is to be accomplished; and

3.

A bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the city attorney in an amount sufficient to secure the performance of the restoration agreement.

d.

Radio towers and radio broadcasting stations or commercial communication and transmission towers.

e.

Roadside stand, commercial amusement or recreational development for temporary or seasonal periods, including fairgrounds.

f.

Solar energy systems meeting the requirement of section 50-118 of this division.

(12)

Vineyards and associated eating and drinking establishments.

(Code 1996, § 122.02; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations of the R-1 district. This district is established to accommodate single-family dwellings and uses customarily found in low density residential areas such as public and parochial schools, and parks. A building or premises shall be used only for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Cemetery.

(3)

Essential services.

(4)

Home occupation in conjunction with a principal use.

(5)

Hospital.

(6)

Park or playground.

(7)

Nursery school, pre-school, child day care and adult day care.

(8)

One- and two-family dwelling.

(9)

Parking lot.

(10)

Public and private school or college for academic instruction and associated uses such as tennis courts, football fields, running tracks, softball and baseball fields.

(11)

Church and additions/alterations are permitted, only to those in existence prior to the effective date of the ordinance from which this section is derived. The following regulations will apply:

a.

Front yards shall be a minimum of 35 feet.

b.

Side yards shall be a minimum of 20 feet plus one foot for each additional two feet of building height over 50 feet.

c.

Rear yards shall be a minimum of 34 feet.

(12)

Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park-like setting may be permitted with an approved development agreement in accordance with division 6 of article V of this chapter provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply:

a.

Minimum lot area of five acres.

b.

Maximum building height of 35 feet.

c.

Front yards shall be a minimum of 35 feet.

d.

Side yards shall be a minimum of 20 feet.

e.

Rear yards shall be a minimum of 35 feet.

(13)

Special exception uses allowed by the board of adjustment as follows:

a.

Solar energy systems meeting the requirement of section 50-118 of this division.

(Code 1996, § 122.03; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section or set forth in this division when referred to in this section, are the regulations of the R-2 district. This district is established to accommodate one- to four-unit family dwellings and other uses customarily found in low density residential areas such as churches, public and parochial schools, and parks. A building or premises shall be used only for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Alterations and conversions of single-family dwellings into multiple-family dwellings in accordance with the lot area, frontage and yard requirements as set forth in this division.

(3)

Boarding/bed and breakfast or lodginghouse not to exceed four units.

(4)

Essential services.

(5)

Home occupation in conjunction with a principal use.

(6)

Hospital.

(7)

Multiple-family dwelling, not to exceed four families.

(8)

Park or playground.

(9)

Nursery school, pre-school, child day care and adult day care.

(10)

Parking lot.

(11)

One- and two-family dwelling.

(12)

Public and private school or college for academic instruction and associated uses such as tennis courts, football fields, running tracks, softball and baseball fields.

(13)

Church and additions/alterations are permitted, only to those in existence prior to the effective date of the ordinance from which this section is derived. The following regulations will apply:

a.

Front yards shall be a minimum of 35 feet.

b.

Side yards shall be a minimum of 20 feet plus one foot for each additional two feet of building height over 50 feet.

c.

Rear yards shall be a minimum of 34 feet.

(14)

Special exception uses allowed by the board of adjustment as follows:

a.

Clinic.

b.

Municipal, county, township, state or federal building, except maintenance and storage building.

c.

Any structure or building in the R-2 residential district considered to be nonconforming by this subsection may be permitted to expand, make structural alterations to existing buildings, and construct new buildings within the lot requirements for uses in this district. The board of adjustment may provide conditions and safeguards as a condition of its consent. Buildings/structures should consume not more than 50 percent of the total available lot area and nonconforming provisions regarding discontinuance, abandonment, or destruction shall apply.

d.

Solar energy systems meeting the requirement of section 50-118 of this division.

(15)

Mortuary, funeral home.

(16)

A permitted accessory use is a noncommercial horse stable for a maximum of five horses when there exists a parcel comprised of a minimum of five acres, and provided that no structure or building for the stabling of horses is closer than 150 feet to a residence on adjacent property, and provided the stable is located at least 30 feet from the property line. The area devoted to such a use shall be kept in a clean and sanitary condition.

(17)

Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park-like setting may be permitted with an approved development agreement in accordance with division 6 of article V of this chapter provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply:

a.

Minimum lot area of five acres.

b.

Maximum building height of 35 feet.

c.

Front yards shall be a minimum of 35 feet.

d.

Side yards shall be a minimum of 20 feet.

e.

Rear yards shall be a minimum of 35 feet.

(Code 1996, § 122.04; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section or set forth in this division when referred to in this section, are the regulations of the R-3 district. It is intended that this district is established to permit medium density family developments in the suburban areas, and to serve as a transition from high density developments to single-family residential areas. A building or premises or land in the R-3 district shall be used for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Alterations and conversions of single-family units into multiple-family dwellings in accordance with the lot area, frontage and yard requirements as set forth in this division.

(3)

Boardinghouse/bed and breakfast or lodginghouse.

(4)

Church.

(5)

Clinic, sanitarium, pharmacy, home for the aged, nursing home, assisted living facility, nonprofit fraternal institution, lodge, and institution of an educational, religious, philanthropic or charitable nature.

(6)

Commercial services business located within an apartment complex that caters primarily to the residents of the complex.

(7)

Essential services.

(8)

Home occupation in conjunction with a principal use.

(9)

Hospital.

(10)

Multiple-family dwelling, not to exceed eight families.

(11)

Museum, library, park, or playground.

(12)

Nursery school, pre-school, child day care and adult day care.

(13)

Parking lot.

(14)

One- and two-family dwelling.

(15)

Public and private schools and colleges for academic instruction and associated uses such as tennis courts, football fields, running tracks, softball and baseball fields.

(16)

Special exception uses allowed by the board of adjustment as follows:

a.

A multiple-unit dwelling of more than eight units, including more than ten accessory garages.

b.

A dance studio in an existing structure providing that it meets minimum parking requirements and has suitable space for off-street loading and unloading of participants.

c.

Solar energy systems meeting the requirement of section 50-118 of this division.

(17)

Mortuary, funeral home.

(18)

Planned business or technology parks characterized by low impact office, research, and technology uses clustered in smaller buildings surrounded by a greenbelt or park-like setting may be permitted with an approved development agreement in accordance with division 6 of article V of this chapter provided they have frontage on Beach Street, Ohio Street, Superior Street, or U.S. Highway 20. The following regulations will apply:

a.

Minimum lot area of five acres.

b.

Maximum building height of 35 feet.

c.

Front yards shall be a minimum of 35 feet.

d.

Side yards shall be a minimum of 20 feet.

e.

Rear yards shall be a minimum of 35 feet.

(Code 1996, § 122.05; Ord. No. 2023-1868, 9-18-2023)

(a)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations of the R-4 district. It is the intent of this district to provide for mobile home developments in areas of the community where their use is compatible with existing and future residential areas. This district shall be well served by arterial streets to provide adequate access and planned development that is compatible with the character of neighboring uses. The following uses are permitted in the R-4 district:

(1)

Mobile homes located within planned mobile home parks in accordance with the provisions of state statutes and city regulations. Minimum dimensions of a mobile home park shall be:

a.

Area: Three acres.

b.

Side yard: 35 feet.

c.

Front yard: 35 feet.

d.

Rear yard: 35 feet.

e.

Drives: 25 feet in width surfaced with either asphalt or concrete.

(2)

Essential services.

(3)

Commercial support services owned by the mobile home park owner, such as meeting rooms, laundry services, etc.

(4)

Each mobile home located within a mobile home park shall be located on a sub-lot with the following minimum dimensions:

a.

Area: 3,000 square feet.

b.

Width: 40 feet.

c.

Length: 75 feet.

d.

Front yard: Ten feet.

e.

Rear yard: Ten feet.

f.

Side yard: Five feet.

g.

Parking: Two stalls for each mobile home space.

(5)

Special exception uses allowed by the board of adjustment as follows:

a.

Solar energy systems meeting the requirement of section 50-118 of this division.

(b)

Each petition for a change to the R-4 district shall be accompanied by a plan showing how each mobile home space is arranged and how the water, electrical, and sewer lines serving each mobile home space is provided. Also shown shall be the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.

(Code 1996, § 122.06; Ord. No. 2023-1868, 9-18-2023)

The intent of the R-5 Suburban Residential District is to provide for low to medium density residential development located outside of the corporate limits of the city, but within an extraterritorial area for zoning administration. Residential development shall be within platted subdivisions and with a limited number of institutional and recreational facilities permitted.

(1)

Only the following principal uses and structures shall be permitted:

a.

Single-family dwellings.

b.

Publicly-owned and -operated buildings, parks, playgrounds, golf courses and recreation areas.

(2)

The following accessory uses and structures shall be permitted:

a.

Accessory uses and structures normally incidental and subordinate to the permitted uses and structures and to uses and structures permitted as exceptions;

b.

Essential services;

c.

Home occupations;

d.

Private garages or carports;

e.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work;

f.

Stables.

(3)

The following uses and structures may be permitted subject to approval of the zoning board of adjustment:

a.

Boardinghouses, lodginghouses, and bed and breakfast homes;

b.

Day nursery or nursery schools;

c.

Multiple-family residential structures containing two or more units;

d.

Private clubs or fraternities;

e.

Private recreation facilities.

(4)

The following minimum requirements shall be observed:

a.

Lot area:

1.

When the use is connected to public water and sewer the minimum lot area shall be 20,000 square feet.

2.

For uses not connected to public water or sewer utilities the minimum required lot area is that established by the county sanitarian for private well or septic tank use but not less than 60,000 square feet.

b.

Lot width: The minimum lot width shall be 100 feet.

c.

Front yard: The minimum front yard shall be 50 feet. On lakefront lots the front yard shall be the side facing the lake.

d.

Side yard: The minimum side yard shall be ten feet.

e.

Rear yard: The minimum rear yard shall be 50 feet. For lakefront lots the rear yard shall be the side facing the street.

f.

Maximum height: No building shall exceed a height of 2½ stories or 35 feet, unless otherwise provided.

(5)

Special exception uses allowed by the board of adjustment as follows:

a.

Solar energy systems meeting the requirement of section 50-118 of this division.

(Code 1996, § 122.06A; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or as set forth in this division when referred to in this section, are the regulations in the C-2 district. It is intended that this district is established to accommodate retail outlets, wholesale outlets and service commercial establishments. A building or premises in the district shall be used only for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Antique shop.

(3)

Art or hobby shop.

(4)

Auction house.

(5)

Auto parts store.

(6)

Automatic car wash.

(7)

Automotive service station.

(8)

Automatic vending sales, including both indoor and outdoor.

(9)

Bakery.

(10)

Bank.

(11)

Bookstore.

(12)

Bus depot.

(13)

Catering.

(14)

Clothing or apparel store.

(15)

Commercial conservatory, commercial greenhouse.

(16)

Co-office space for uses permitted within this district.

(17)

Department store.

(18)

Drug store, pharmacy, vitamin store, health supplies.

(19)

Eating or drinking establishment.

(20)

Electrical equipment and appliance store.

(21)

Essential services.

(22)

Florist shop.

(23)

Food products processing, preparation and packaging if in conjunction with wholesale or retail sales, including ready to go meals, make your own meals, dinners made easy, and local farm to market businesses. This does not include the rendering and refining of meats or food processing and manufacturing that is likely to produce excessive odor or create a nuisance.

(24)

Furniture store or cleaning, de-mothing, upholstering, repairing, refinishing.

(25)

Grocery store.

(26)

Gymnasium, bowling alley, dance studio.

(27)

Hardware store.

(28)

Heating and air conditioning sales.

(29)

Home occupation in conjunction with a principal use.

(30)

Hotel/motel.

(31)

Indoor recreation establishment.

(32)

Jewelry store.

(33)

Mail order store.

(34)

Micro-brewery, micro-winery, micro-distillery, including tasting rooms.

(35)

Mobile office, business incubator, internet cafe, wireless communication sales and service, computer sales and service.

(36)

Mortuary, funeral home.

(37)

Multifamily residential uses, provided that such uses not be in the first, ground, or basement floor of any structure.

(38)

Music store.

(39)

Municipal, county, township, state or federal buildings, except maintenance and storage buildings.

(40)

Newspaper shop.

(41)

Office equipment store.

(42)

Optical store.

(43)

Parking lot.

(44)

Personal services including barber shop, hair salon, day spa, dry cleaning, laundry, tailor/seamstress, shoe repair.

(45)

Photographic and camera shop.

(46)

Professional office.

(47)

Residential and residential accessory structures in accordance with R-3 (Over Four-Unit Multiple-Family Dwelling) District regulations.

(48)

Retail pet shop.

(49)

Television and radio studio.

(50)

Theater.

(51)

Wholesale establishment.

(52)

Any use that is interpreted by the zoning administrative officer to be similar to those above.

(53)

Special exception uses allowed by the zoning board of adjustment as follows: A church located in an existing building with no less than 11,000 square feet and a minimum of 14 on-premises parking spaces providing that it meets all applicable zoning and building code regulations including, but not limited to, parking, occupancy, and fire.

a.

Solar energy systems meeting the requirement of section 50-118 of this division.

(Code 1996, § 122.07; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or as set forth in this division when referred to in this section, are the regulations in the C-3 district. The intent of the C-3 district is to establish the location of areas best suited to the needs of highway-related businesses whose primary function is catering to traffic generated by the adjacent roadway. These uses are characterized by the need for larger lot sizes and the need to supply their own off-street parking. A building or premises in the district shall be used only for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Adult entertainment business.

(3)

Auditorium, exhibition hall, club.

(4)

Automobile service station and body shop.

(5)

Automobile, truck and implement sales and service.

(6)

Bowling alley.

(7)

Carpentry shop.

(8)

Car wash.

(9)

Church.

(10)

Commercial nursery, greenhouse, garden supply store.

(11)

Commercial recreation or amusement.

(12)

Custom car, truck or motorcycle design, manufacturing, assembly and sales, including aftermarket accessories provided the business is not engaged in retail sales of or storage of used, junk, scrap or salvaged parts.

(13)

Dance studio.

(14)

Discount department store.

(15)

Drive-in establishment.

(16)

Drive-in theater.

(17)

Dry cleaning and coin operated laundry.

(18)

Eating or drinking establishment.

(19)

Electric vehicle charging station or battery swapping station.

(20)

Enameling and painting establishment.

(21)

Essential services.

(22)

Furniture and appliance store.

(23)

General office space, including customer service center, call centers.

(24)

Grocery store.

(25)

Hay, grain, feed, seed retail.

(26)

Home occupation in conjunction with a principal use.

(27)

Hotel/motel.

(28)

Light manufacturing and assembly that will not produce noise, odor, gas, smoke, dust, danger or tend to create a nuisance subject to approval of a development agreement in accordance with division 6 of article V of this chapter. The following rules will apply:

a.

Minimum lot area of two acres.

b.

Maximum building height of 35 feet.

c.

Front yards shall be a minimum of 35 feet.

d.

Side yards shall be a minimum of 25 feet.

e.

Rear yards shall be a minimum of 35 feet.

f.

No outdoor storage.

(29)

Lumber and building materials store.

(30)

Mobile home and recreational vehicle sales.

(31)

Mortuary, funeral home.

(32)

Nursing home, home for the aged, assisted living.

(33)

Parking lot.

(34)

Pawn shop (licensed in compliance with article VI of chapter 12) or rent-to-own store.

(35)

Private club.

(36)

Professional office.

(37)

Residential and residential accessory structures in accordance with R-3 (Over Four-Unit Multiple Dwelling) District regulations.

(38)

Retail pet shop.

(39)

Radio towers and radio broadcasting stations or commercial communication and transmission towers.

(40)

Sign painting or manufacture, including sales.

(41)

Shopping centers, shopping mall.

(42)

Veterinary and veterinary clinic.

(43)

Wood working shop.

(44)

Any use that is interpreted by the zoning administrative officer to be similar to those above.

(45)

Any use allowed in a C-2 (Central Business) District.

(46)

Special exception uses allowed by the zoning board of adjustment as follows: Mini-storage or self-storage facility provided land is not conducive for commercial development due to its location and limited access to utilities. The facility must be fenced or screened, must provide a dust control plan for gravel drives, and must install appropriate down cast lighting.

a.

Solar energy systems meeting the requirement of section 50-118 of this division.

(47)

Mixed use projects that contain residential structures in accordance with R-3 (Over Four-Unit Multiple Dwelling) District regulations in addition to one or more uses permitted by the C-3 (Highway Business) District regulations.

(Code 1996, § 122.08; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations of the M-1 district. This district is established to accommodate business and industrial uses which do not create excessive noise, smell, dust or similar problems, but demand truck traffic, use extensive outdoor storage, use extensive warehousing or other similar characteristics which make them incompatible uses in foregoing districts. A building or premises shall be used only for the following purposes:

(1)

Accessory building in conjunction with a principal use.

(2)

Assembly plant.

(3)

Automobile repair, including body shop.

(4)

Baggage, transfer, storage warehouse, mini-storage or self-storage facility.

(5)

Call center, customer service center (no walk-in customers).

(6)

Cellophane products manufacturing.

(7)

Commercial recreation and amusement in conjunction with an allowed principal use.

(8)

Concrete central mixing and proportioning plant.

(9)

Contractor's equipment: rental, sales and storage.

(10)

Dairy products processing.

(11)

Data center, server farm, digital records storage facility.

(12)

Essential services.

(13)

Extraction of sand, gravel and other raw materials, rock crushing and gravel washing.

(14)

Feed manufacturing, processing and wholesaling.

(15)

Food products manufacturing and distribution, except that the manufacturing of fish and meat products, sauerkraut, vinegar, yeast, and the rendering of refining of fats and oils may only be allowed upon approval of a development agreement as set forth in division 6 of article V of this chapter.

(16)

General manufacturing, except that those industries which without adequate development conditions and mitigation might tend to produce excessive noise, odor, gas, smoke, dust, danger or tend to create a nuisance may only be allowed upon approval of a development agreement as set forth in division 6 of article V of this chapter.

(17)

Home occupation in conjunction with a principal use.

(18)

Iron works, ornamental: No foundry, drop hammer or no punch press over 75 tons capacity.

(19)

Leather products manufacturing: Previously prepared leather with no leather making.

(20)

Living quarters used by custodians or watchmen.

(21)

Paper products manufacturing: Previously prepared paper, with no paper making.

(22)

Parking lots.

(23)

Pharmaceutical drug manufacturing.

(24)

Plastics products manufacturing: Previously prepared plastic, with no plastic manufacturing.

(25)

Research labs, biotechnology, testing facilities.

(26)

Sheet metal shop.

(27)

Soft drink manufacturing or bottling.

(28)

Temporary buildings for uses incidental to construction work, which building shall be removed upon the completion or abandonment of the construction work.

(29)

Textile products manufacturing.

(30)

Tire recapping, retreading or rebuilding.

(31)

Tool manufacturing: No drop hammer or no punch press over 75 tons.

(32)

Truck terminal.

(33)

Warehousing or wholesaling establishment.

(34)

Wastewater treatment plant.

(35)

Water plant.

(36)

Welding shop.

(37)

Wood products manufacturing.

(38)

Any use that is interpreted by the zoning administrative officer to be similar to those above.

(39)

Special exception uses allowed by the board of adjustment as follows:

a.

Extraction of topsoil, gravel, sand or other natural resources except that in any such operation there shall be a restoration plan filed with the city containing the following:

1.

An agreement with the city whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the city;

2.

A physical restoration plan showing the proposed contours after restoration, plantings and other such features for the restoration and the method by which such restoration is to be accomplished; and

3.

A bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the city attorney in an amount sufficient to secure the performance of the restoration agreement.

b.

Radio towers or radio broadcasting stations.

c.

Solar energy systems meeting the requirement of section 50-118 of this division.

(40)

The following uses permitted in a C-3 (Highway Business) District are allowed in an M-1 (Light Industrial) District: lumber yards, essential service buildings, farm machinery sales, auto sales, and eating and drinking establishments.

(41)

Kennel.

(42)

Outdoor race track for radio-controlled vehicles of 1:10 scale or smaller.

(Code 1996, § 122.09; Ord. No. 2021-1849, §§ 2, 3, 8-16-2021; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, or set forth in this division when referred to in this section, are the regulations in the M-2 district. This district is established to accommodate business and industrial uses whose operation might tend to produce excessive noise, odor, gas, smoke, dust, danger or tend to create a nuisance. A building or premises shall be used only for the following purposes:

(1)

Any use allowed in an M-1 Light Industrial District.

(2)

A use not permitted in an M-1 district may be permitted subject to approval by the city council after public hearing, and after report and recommendation by the planning and zoning commission. The city council shall consider all of the following provisions in its determination upon the particular use at the location requested:

a.

That the proposed location design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property.

b.

That such use shall not impair an adequate supply of light and air to surrounding property.

c.

That such use shall not duly increase congestion in the streets, or public danger of fire and safety.

d.

That such use shall not diminish or impair established property values in adjoining or surrounding property.

e.

That such use shall be in accord with the intent, purpose and spirit of this division.

(3)

Solar energy systems meeting the requirement of section 50-118 of this division.

(Code 1996, § 122.10; Ord. No. 2023-1868, 9-18-2023)

The regulations set forth in this section, in this division when referred to in this section, or in this divisions when referring to this section, are the regulations that apply to solar energy systems.

(a)

Definitions.

(1)

Solar energy system - Any solar collector, solar device, or structural design feature of a building the primary purpose of which is to provide for the collection, storage, and distribution of solar energy.

(2)

Solar energy system, attached - A solar energy system which requires support by another structure, whether roof or otherwise, and which is not fixed directly to the ground.

(3)

Solar energy system, building—Integrated - A solar energy system which is used to replace conventional building materials in parts of the building envelope such as the roof, awnings, skylights, or facades which may include roof membrane, solar shingles, facade modules, or glazing and serves the building to which it is attached.

(4)

Solar energy system, commercial - A solar energy system which is intended to produce electricity for sale to a rate regulated or non-regulated utility or for use off site. Commercial solar energy systems are not permitted within the zoning jurisdiction of the City of Webster City, Iowa, or the two-mile jurisdiction.

(5)

Solar energy system, freestanding - A solar energy system which is completely self-supported. Solar energy systems, freestanding are only permitted on lots with a principal structure and may not be on a lot as a stand-alone system within the zoning jurisdiction of the City of Webster City, Iowa, or the two-mile jurisdiction.

(6)

Solar energy system, farms - A solar energy system which produces electricity and is capable of distributing surplus electricity to the public or other properties other than the principal structure being served, even if the system is temporarily or automatically disconnected by a switch or other mechanical device. Solar energy systems and farms shall not be permitted within the City of Webster City, Iowa, or the two-mile jurisdiction.

(7)

Solar energy system, passive - A solar energy system which does not produce electricity and which does not use activity mechanical systems for energy transfer.

(b)

Solar energy systems.

(1)

Purpose. The provisions of this section are intended to regulate and restrict the placement, construction, and use of solar energy systems within the city's established zoning districts.

(2)

Special exception use. Freestanding solar energy systems are allowed as a special exception use as set forth in Division 3 of this article III, on the following conditions: (1) that there is no more than one solar energy system per property parcel or zoning lot; (2) that there is no more than one primary structure per property parcel or zoning lot; (3) that the solar energy system must be associated with a permitted principal use or permitted accessory use; and (4) that the property owner or occupant obtain a special exception permit as required under this Chapter 50.

(3)

Exemption. Building-integrated solar energy systems, attached solar energy systems, commercial solar energy systems, and passive solar energy systems do not require a special exception use permit and shall be regulated as any other building element under building code provided they are of non- reflective material and they do not project or extend any further outward from the structure than the same element done with conventional design. Building integrated, attached, commercial, and passive systems which spatially go beyond conventional design or which are made of reflective material shall be subject to all the regulations herein for attached solar energy systems.

(4)

Freestanding solar energy systems: Freestanding solar energy systems are not allowed in residential districts, including the two-mile extraterritorial area. In other districts, a special exception use permit is required.

a.

Setbacks. Freestanding solar energy systems shall not be located within any required front setback or street side yard setback. Minimum setback from interior side and rear lot lines and other structures shall be 15 feet.

b.

Easements, utilities, right-of-way. No portion of any Freestanding solar energy system shall extend into any easement, right-of-way, or public way regardless of the above stated minimum setbacks.

c.

Location. Freestanding solar energy systems shall be located on the same lot as the building being served.

d.

Height. The maximum height limit of a freestanding solar energy system shall be 15 feet for non-residential uses, as measured from the ground/grade of the system at its base to the highest point of the system, including the highest position of any adjustable part of the system.

e.

Coverage area. Any system which does not take up more than 100 square feet of footprint area measured at outermost vertical dimensions is considered as a Solar Energy System (SES) - Minor.

(5)

Attached solar energy systems do not require a special exception use permit provided they meet the following standards:

a.

In the case of wall mounting, no part of the system shall project more than five feet from the building.

b.

No part of the system shall extend into any required side or rear setback. No part of the system shall extend into any required front or street side yard setback.

c.

No portion of any solar energy system shall extend into any easement, right-of-way, or public way, regardless of above stated setbacks and projection limitations.

d.

Systems shall not exceed the maximum height in the district or zone, for the structure to which it is attached.

e.

The building must have a conforming principal use.

f.

Roof attached systems may be mounted on principal and accessory building roofs provided they conform to the maximum height standards established for the zoning district. Systems shall be no higher than three feet from the roof surface for residential use property systems. Nonresidential use property systems may project up to a maximum of ten feet from the roof. In no case, however, shall the height of the System as installed (including the height of any building to which it is installed) exceed the maximum height for a principal structure where attached to said structure or the maximum height for an accessory structure where attached to said structure. The base criteria for Solar Energy System (SES) - Minor qualification shall be limited to a maximum of six inches projection for residential use, and parallel mounting is required.

g.

Coverage area. Any system which does not take up more than 100 square feet of footprint area measured at outermost vertical dimensions is considered a Solar Energy System (SES) - Minor.

(6)

Solar access. A property owner who has installed or intends to install a solar energy system shall be responsible for negotiation with other property owners in the vicinity for any easements needed for access to the solar energy system. The granting of a special exception use permit for solar energy system by the board of adjustment does not constitute or create a grant or guarantee of solar access rights, and such a permit does not create or grant an easement.

(7)

Special exception use permit application materials. The special exception use permit application for a solar energy system shall include, but not be limited to:

a.

A plot plans drawn to scale, showing:

1.

Existing structures on the lot;

2.

Proposed system;

3.

Property lines;

4.

Setbacks of existing and proposed structures;

5.

Rights-of-ways;

6.

Utility diagram applicable to proposed system;

7.

Easements of record.

b.

Elevation views and dimensions.

c.

Manufacturer's photographs.

d.

Manufacturer's spec sheet including capacity.

e.

Demarcation of dimensions.

f.

Any other information reasonably required by the zoning administrator or the board of adjustment.

(8)

Special exception use permit criteria. Any proposed free-standing solar energy system is permitted only under the terms of a special exception use permit granted by the board of adjustment. No special exception use permit will be granted for commercial use.

To approve a special exception use permit for solar energy system, the board of adjustment must find that the proposed use conforms to the following criteria, in addition to other criteria set forth in the Webster City Zoning Ordinance for special exception use permits.

a.

The system will to the extent reasonably practical through placement and design minimize the impact to the character of the neighboring properties as they exist on the date of approval, which is defined as properties within 200 feet of the system property.

b.

Access to open space (air and light) from the neighboring properties is not significantly reduced.

c.

The predominant pattern of building placement, height, orientation and scale among the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered by the system.

d.

The system meets other City, State, and Federal regulations, including all applicable safety and engineering standards and all interconnection standards or agreements required by the city's electric utility or other utility providers.

e.

Unique topography, vegetation or lot conditions exist which help to shield the system from the view of neighboring properties and from the street or placement of the principal building allows the system to be located and operated in a way that helps to shield the system from the view of neighboring properties.

(9)

Special exception use permit approval. The board of adjustment may request additional information if insufficient information is presented to determine conformance with the special exception user permit criteria. If approved, the special exception use permit may be revoked after a public hearing, if there is evidence that the system does not comply with, or is not being used in accordance with, the provisions of the special exception use permit. The board may impose any conditions it deems prudent or necessary for the general welfare of the public and any information it reasonably required for evaluating and considering the criteria for a special exception use permit.

(10)

Interconnection agreement. A solar energy system shall not be installed until evidence has been given that the Webster City Municipal Electric Utility office has been informed of the customer's intent to install an interconnected customer-owned system and a copy of executed interconnection agreement (or other required agreement) with the Webster City Municipal Electric Utility is provided. As part of entering into an interconnection agreement (or other required agreement) between the customer and the Webster City Municipal Electric Utility, customer shall at all times abide by the Interconnection Standards for Parallel Installation and Operation of Customer-Owned Distribution Generation Facilities as established by the Webster City Municipal Electric Utility. Failure by customer to abide by said interconnection standards shall result in an immediate termination of said interconnection agreement (or other required agreement) between customer and the Webster City Municipal Electric Utility.

(11)

Abandonment. Any solar energy system that is not operated for a continuous period of 180 days, or that is not maintained in a safe and attractive manner, shall be considered abandoned and shall be removed by the property owner. Removal includes the entire structure including transmission equipment. The City of Webster City will notify the property owner of a finding of abandonment and may order the removal of the solar energy system. A failure to remove the solar energy system after such a notification may subject the property owner to penalties, fines, fees, infractions, or other remedies as provided elsewhere in this Zoning Ordinance or other provisions of the city code.

(12)

Signage. Only a manufacturer's sign/emblem is allowed and is limited to one square foot and attached to the system.

(13)

Maintenance. The property owner of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system, to maintain an appearance consistent with the original appearance of the system as constructed or installed.

(14)

Underground wire requirement. The electrical collection system, the point at which the service wire is attached to the premises, shall be placed underground within the interior of each parcel. Overhead lines shall not be permitted. Any portion of an electrical collection system that is not compliant with this provision, with the rules of the Iowa Utilities Board, or of the requirements of the Webster City municipal electric utility office is not considered to be maintained in a safe and attractive manner within the meaning of this Zoning Ordinance.

(15)

Industry standard. As part of the special exception use permit, documentation shall be provided showing that the system and all of its parts meet industry standards and good utility practice, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system. Owners are responsible for supplying proof of and knowing the applicable standards and meeting the requirements of any and all applicable building and electrical codes and the NEC (National Electrical Code). A solar energy system that is not compliant with industry standards is not considered to be maintained in a safe and attractive manner within the meaning of this Zoning Ordinance.

(16)

Applicable fees. The applicant for any solar energy system under this section shall be responsible for any applicable and interconnection fees paid in full before starting installation of solar energy system. The city council may establish a fee schedule for purposes of this Zoning Ordinance.

(17)

Designed and installed. Solar energy systems shall comply with the provisions of 2021 IRC Section R324 & 2021 IBC 3111.

(18)

Solar energy systems shall comply with all provisions of Webster City municipal electric utility's "Interconnection Standards for Parallel Installation and Operation of Customer Owned Distributed Generation Facilities." A solar energy system that is not compliant with these requirements is not considered to be maintained in a safe and attractive manner within the meaning of this Zoning Ordinance.

(19)

The provisions of this section of the City of Webster City's zoning ordinance do not apply to solar energy systems owned, installed, or operated by the Webster City municipal electric utility.

(Ord. No. 2023-1868, § 2, 9-18-2023; Ord. No. 2025-1881, § 1, 7-7-2025)

Editor's note— Ord. No. 2023-1868, § 2, adopted September 18, 2023, set out provisions intended for use as § 50-120. Inasmuch as there were already provisions so designated, said section has been codified herein as § 50-118 at the discretion of the editor.