These regulations are adopted for the purposes and intent of providing for the health and welfare of the citizens of the city's zoning jurisdiction through promotion of appropriate patterns and practices of urban development. Within this general purpose, the zoning regulations are intended to:

(1)

Promote the health and general welfare of the citizens.

(2)

Provide for adequate light, air and acceptable noise levels.

(3)

Encourage the most productive use of urban land resources through promotion of compatible land use patterns.

(4)

Prevent the overcrowding of land and undue concentration of population.

(5)

Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.

(6)

Protect property values and conserve energy resources.

(7)

Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.

(8)

Regulate and restrict the height, number of stories, and size of buildings; and the size of yards and other open spaces.

(9)

Guard against loss of life and damage to property due to flooding through protection of natural drainage features.

(10)

Preserve features of historical significance and the conservation of natural resources.

(11)

Implement goals, policies, and proposals of the long-range development plan for the zoning jurisdiction.

(Ord. No. 3826(1), art. II, § 1, 7-3-2001)

(a)

For the purpose of interpreting the provisions of these regulations, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

Accessory building means a subordinate building which serves a function customarily incidental to the main use of the premises. Customary accessory buildings include garages, carports and small storage sheds.

Accessory use means a subordinate use which serves an incidental function to that of the main use of the premises. Customary accessory uses include tennis courts, swimming pools, air conditioners, barbecue ovens and fireplaces.

Agricultural use means the use of a tract of land for the growing of crops, pasturage, nursery, or the raising of poultry, including the structures necessary for carrying out farming operations and the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots.

Alley means a dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.

Alley line means the line of division between the public travelway comprising the alley and the private lot.

Alteration means alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered as an alteration.

Animal hospital or clinic means an establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. (This does not include open kennels or runs.)

Apartment. See Dwelling, multiple.

Apartment house means a building or portion thereof intended, designed, used, or suitable for use as a residence for three or more families living in separate apartments.

Approved private sewer system means a sewage disposal system meeting the sanitary requirements of the county which is approved for use by the governing body of the city.

Approved public sanitary sewer system means a sewage disposal plant, main sanitary sewer lines and other lines approved by the governing body of the city and the state department of health.

Approved public water system means water treatment plant and service lines approved by the governing body of the city and the state department of health.

Automobile service station means a structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, provision of rental equipment, or open sales lots. No inoperative vehicles may be stored outside of the building.

Babysitting means home occupation operated by the resident of the home, caring for no more than two children under the age of 11 years, other than the resident's own children, and which is operated less than 20 hours per week. This occupation is not regulated by state or county and is permitted in residentially zoned districts.

Basement means that portion of a building having more than one-half of its height below grade.

Bed and breakfast includes those establishments commonly known as bed and breakfast, tourist homes, guesthouses, and historic inns. Such establishment provides lodging and one or more meals, provided for compensation, for one or more transient guests.

Block means a series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park, greenstrips, open land, or waterways.

Board of zoning appeals means that board which has been created by the governing body having jurisdiction and which has the statutory authority to hear and determine appeals, exceptions and variances to the zoning regulations.

Boarding home for children means a residential facility which is licensed by the state department of health and environment where children not related to the family by blood, marriage, or adoption are cared for 24 hours a day by adult supervision.

Boardinghouse or lodginghouse means a building other than a hotel where for compensation and by pre-arrangement for definite periods, meals, or lodging and/or meals, are provided for three or more persons but not exceeding 20 persons. Individual cooking facilities are not provided.

Buildable area means that area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.

Building means a structure designed or intended for the enclosure, shelter or protection of persons, animals, or property.

Building height means the highest point on the building.

Building, main, means a building in which is conducted the principal use of the lot or parcel upon which it is situated.

Building official means the person designated to administer these zoning regulations, whether such person is entitled building official, building inspector, administrative official, city engineer, city administrator, city clerk or zoning official.

Building site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open spaces as are required by these regulations.

Bulk regulations means regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. The term "bulk regulations" includes regulations controlling maximum height, maximum lot coverage, and minimum size of yard and setbacks.

Business and professional office means the office of an engineer, dentist, doctor, attorney, real estate or insurance agent, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.

Campgrounds means any piece, parcel, tract or plat of ground which provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers, tents, or similar recreational vehicles. Under no circumstances shall any one camper occupy a campground for a period exceeding 30 consecutive days. The term "campgrounds" does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

Camping trailer means any vehicular portable dwelling unit designed especially for short-term occupancy such as: travel trailers, tent trailers, converted buses and trucks, and all other similar units whether self-propelled, pulled, or hauled, and designed primarily for highway travel without the necessity of a special permit.

Canopy means any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

Car wash means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Cellular tower means a wireless communications tower providing service for cellular telephone users.

Child care center means business in which a qualified program director is employed which allows 13 or more children and is state and county regulated and inspected by the county. Locations of child care centers must be commercially zoned.

Clinics. See Medical, dental or health clinic.

Club or lodge, private, means a nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

Common open space means an area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

Comprehensive plan means the duly adopted comprehensive plan for the development of the city.

Condominium means a multiple-family dwelling structure wherein the separate dwelling units are individually owned as opposed to rental units in an apartment or units with lots in a townhouse.

Corporate hog farm means any confined swine feeding operation of 1,000 head or more and operated as one individual or facility owned business.

Density means restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.

Developer means the legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

District means a section of the county and/or cities specifically declared within which the regulations governing the use of buildings and premises are uniform.

Dog means any canine species over six months of age.

Drive-in service means a type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.

Dump means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Dwelling means a building or portion thereof, not including manufactured homes, which is designed and used primarily for residential purposes.

Dwelling, attached, means a residential building which is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a residential building which is entirely surrounded by open space on the same lot as the main dwelling.

Dwelling, multiple, means a residential building having accommodations for and occupied exclusively by more than two families, independently.

Dwelling, seasonal, means a residence intended for occasional occupancy.

Dwelling, single-family, means a residential building having accommodations for and occupied exclusively by one family.

Dwelling, two-family, means a residential building having accommodations for and occupied exclusively by two families, independently.

Dwelling unit means one or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Exception means the allowance of a use within a given district by the board of zoning appeals. Exceptions shall be limited to only those specifically authorized and listed in these zoning regulations.

Exotic animal means any animal not commonly maintained as a household pet and/or not commonly raised as agricultural livestock.

Family means either an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or a group of not more than four persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; plus in either case, domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage, or adoption.

Feed lot means the confined feeding of livestock in lots, pens, pools or ponds which are not normally used for raising crops and in which no vegetation, intended for animal food, is growing. This will not include a wintering operation for livestock in lots or on farming ground unless the operation causes a pollution problem. Livestock shall include horses, cattle, swine and sheep.

Fence means a freestanding structure of metal, masonry, glass, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening, or partition purposes constructed of uniform material.

Floodplain means a watercourse and land adjacent to a watercourse subject to inundation from a flood having a chance occurrence in any one year of one percent as identified on an official FEMA flood hazard map.

Floor area means floor area shall mean the gross floor area of all floors in the building including:

(1)

Stairwells, elevator shafts, and mechanical equipment enclosures, except roof-mounted mechanical equipment.

(2)

Penthouses.

(3)

One-half the basement floor area.

(4)

Interior balconies and mezzanines.

(5)

Enclosed porches.

(6)

Floor area devoted to accessory uses.

(7)

Interior and exterior walls, except where adjoining units share a common wall. In such case, measurement shall be from the center of the common wall.

Foster home means a residence or building in which more than 12-hour care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes shall be permitted in all residential structures, the same as would a family.

Fraternal and/or service clubs means an association formally organized for either fraternal, social, educational, philanthropic, or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county, and local laws.

Frontage means the length of the property abutting on one side of a street measured along the dividing line between the property and the street.

Gambling casino means any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, which is intended to be used for professional gambling.

Garage, private, means any accessory building designed or used only for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public, means any building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles.

Garage, storage, means a building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.

Governing body means that body having jurisdiction in the zoning area.

Grade means:

(1)

For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.

(2)

For buildings having walls facing more than one street, the grade shall be the average of the grades as defined in subsection (1) of this definition of all walls facing each street.

(3)

For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.

(4)

Any wall approximately parallel to and not more than five feet from a street line is considered as facing the street.

Group day care means business that is state and county regulated and inspected by the county, in which the operator is a resident of the home and cares for no more than 12 children, including the resident's own children, all under the age of 11 years. If the operator cares for more than ten children, a second operator is required. Commercial zoning is required if the operator is not a resident of the home or if the second operator is required and is not a family member.

Group homes means any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the state.

Home occupation means any lawful activity conducted within the principal building (dwelling) or accessory buildings by members of the immediate family residing on the premises, for the purpose of earning income, except as expressly prohibited in this definition, which requires personal appearances by customers or delivery of their personal property at the dwelling for the purpose of providing goods and/or services. Home occupations shall meet all of the following conditions:

(1)

The residential character of the property is maintained.

(2)

The activity is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

(3)

No display or storage shall indicate from the exterior of the buildings that they are being used in part for any purpose other than a dwelling or accessory building.

(4)

No advertising signs shall be permitted, however a nonilluminated announcement sign not exceeding two square feet in area may be permitted for use on the property.

(5)

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of a person off the lot if the occupation is conducted in a residence, or outside the individual dwelling unit if conducted in other than a residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

(6)

No traffic shall be generated by such home occupation in substantially greater volumes than would normally be expected in a residential neighborhood.

(7)

All day care home occupations must have fenced-in play areas.

(8)

The following uses shall not in any event be considered home occupations within this definition:

a.

Funeral homes.

b.

Restaurants.

c.

Small grocery stores.

d.

Stables, animal kennels, or hospitals.

e.

Tourist homes, unless specifically permitted in the district.

f.

Renting of trailers or equipment.

g.

Auto and other vehicle repair or service.

(9)

No more than one (1) non-family employee shall be permitted.

Hospital means an establishment used primarily for inpatient care and to provide health, medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

Hotel means a building or portion thereof, or a group of buildings, used as a transient abiding place which may or may not serve meals and whether such establishments are designed as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, or other similar designation.

Inoperable vehicle means a vehicle in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed.

Institution of higher learning means a college, university, or incorporated academy providing general academic instruction equivalent to the standards prescribed by the state board of education. Dormitories, fraternity houses, sorority houses, and other student housing, which are constructed on campus, shall be considered accessory buildings.

Institution (nonprofit) means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Kennel-boarding means any place, area, building, or structure where dogs (including those under six months of age) are boarded, housed, cared for, fed or trained by other than the owner.

Kennel-breeder means any place, area, building or structure where more than four dogs are kept for purposes of breeding, raising, or as pets.

Laboratory, medical, means an establishment which provides bacteriological, biological, medical, X-ray, pathological, and other similar analytical or diagnostic services.

Landscaping means the improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Laundry means an establishment where commercial laundry and dry-cleaning work is undertaken.

Laundry (self-service) means an establishment equipped with individual coin-operated washing, drying, or dry cleaning machines.

Licensed day care means permitted home occupation in residential zoned locations, in which the operator is a resident of the home and cares for no more than ten children, including resident's own children, all under the age of 11 years. Licensed day care is state and county regulated and inspected by the county. If the operator is not resident of the home, commercial zoning is required.

Lodginghouse. See Boardinghouse.

Lot means a parcel of land occupied or intended for occupancy by one main building or a complex of buildings together with the accessory structures and including the open spaces and parking required by this regulation, which may include more than one lot of record or metes and bounds described tract having its principal frontage upon a public street or officially-approved place.

Lot area means the total horizontal area within the lot lines of a lot.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot coverage means the total area of building expressed as a percentage of the total lot, plot, or tract. (Includes both principal and accessory buildings.)

Lot, depth of, means a mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, interior, means any lot which does not constitute a corner lot.

Lot line, front, means a boundary line of a lot which coincides with street boundary lines. The term "street" as used in this definition shall not include alley. Where a lot is situated at the intersection of two streets, the lot line adjacent to the streets shall both be considered front lot lines.

Lot line, rear, means a boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.

Lot line, side, means a boundary line of a lot which does not coincide with a street boundary line. The term "street" as used in this definition does not include alley.

Lot of record means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds prior to the adoption of these zoning regulations.

Lot, reversed corner, means a corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

Lot width means the mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than 35 feet in width.

Lot, zoning, means a parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

Manufactured home (mobile home) means a factory-built structure or structures equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land. The transportation system is designed so that the manufactured home may be moved from time to time. The term shall include two or more separately towed units which, when bolted or otherwise fastened together, form a complete living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly, and lights. Removal of any or all of these component parts does not change the definition. All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the state, shall be anchored to the ground.

Manufactured home, dependent, means a manufactured home which does not have a flush toilet and bath or shower.

Manufactured home, independent, means a manufactured home which has a flush toilet and a bath or shower.

Manufactured home park means any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes. Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually. The term "manufactured home park" does not include a sales area on which unoccupied manufactured homes, whether new or used, are parked for the purposes of storage, inspection, or sale. A manufactured home may, however, remain on a space for purposes of sale by the resident owner or the manufactured home park owner.

Manufactured home, residential design, means a manufactured home on permanent foundation which has minimum dimensions of 22 body feet in width (least dimension), a pitched roof, and siding and roofing materials which are customarily used on site-built homes.

Manufactured home subdivision means a subdivision intended and designed for use by single-family manufactured housing units sited on individually owned lots.

Medical, dental, or health clinic means any building designed for use by one or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists and in which no patients are lodged overnight, but which may include an apothecary.

Modular home means a dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, prefabricated units, or modules of equivalent specifications to site built homes designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

Motel means a building or group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

Motor vehicle repair shop means a building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.

Nonconforming lot of record means a platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming structure means a structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

Nonconforming use means an existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendment thereto.

Nursing homes or convalescent homes means an institution or agency licensed by the state for the reception, board, care, or treatment of three or more unrelated elderly individuals but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

Ownership means to have the legal right of possession or to hold lawful title to property either as an individual, partnership, company or corporation.

Parcel means all contiguous lands (including lots and parts of lots) held in one ownership.

Parking area, public or customer, means an area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.

Parking space means an area surfaced for all-weather use, including gravel, sand, or comparable material for the purpose of storing one parked automobile. The portion of driveway located on the public right-of-way shall have concrete or asphaltic pavement. For the purpose of this regulation, one parking space shall have a minimum width of 8½ feet and a minimum length of 19 feet. In computing off-street parking, additional space shall be required for access drives to each parking space.

Paved parking means a vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.

Permanent foundation means a foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

Person means any natural individual, firm, trust, partnership, association, or corporation.

Planned development means a tract of land meeting specified minimum site size whereon all elements of development may be designed as inter-related aspects of an overall improvement concept in accordance with the provisions of these zoning regulations.

Planning commission means that planning body duly appointed by the governing body having jurisdiction in the planning area.

Plat means a layout of a subdivision indicating the location and boundaries of individual properties.

Platting. Whenever the terms platting, platted, or subdivided are used in these zoning regulations, it shall refer to the process established by the duly adopted subdivision regulations of the city.

Premises means a parcel together with all buildings and structures thereon.

Preschool means a public or privately owned facility with defined curriculum which offers preparatory education for minor children aged five years and younger, not including kindergarten. Preschool must employ qualified program director who is not a resident of the home and cares for 13 or more children for a maximum of three hours sessions and is state and county regulated and inspected by the county. Location of preschool must be commercially zoned, unless operated within a church.

Principal structure means the main use of land or structures as distinguished from a subordinate or accessory use.

Private club means a nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private clubs are conduct by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

Professional gambling means the act of aiding or inducing another to engage in gambling whether between persons, or persons and machines or devices, with the intent to derive a profit therefrom, or participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one ore more of the other participants. This definition does not include participation by individuals in sport and social pastimes, which are not for profit, do not adversely affect the public, and do not breach the public peace.

Professional office means any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering, or other occupation customarily considered as a profession.

Public utility means any business which furnishes the general public telephone service, telegraph service, electricity, cable television, natural gas, water, sewer and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

Recycling facility means any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires, bottles and other such materials.

Registered day care means permitted home occupation in residential zoned locations, in which the operator is a resident of the home and cares for no more than six children, including the resident's own children, all under the age of 11 years. Registered day care occupations are state and county regulated and monitored by the county on a complaint basis.

Restaurant means a public eating establishment at which the primary function is the preparation and serving of food.

Restaurant, drive-in, means an establishment whose primary purpose is the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves, except that this shall not be construed as to include what is commonly called a cafeteria.

Roominghouse means a building or portion thereof other than a hotel, where lodging of three or more persons is provided for compensation.

Salvage yard means any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof; or materials from the demolition of buildings or structures.

Sanitary landfill means a lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with the requirements of the state department of health and environment.

School means a public elementary or secondary educational facility which is under direction and control of the state board of education and the state superintendent of public instruction and/or a parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

Service station. A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; self-service pumps without buildings shall also be included. Such service shall not include tire recapping, body repairs, or major overhaul. No inoperable vehicles may be stored outside of the building.

Setback means the distance between the lot line and building line.

Sight triangle means an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90-foot distance shall be increased to 120 feet.

Sign means any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business, but shall not include any display of official notice or official flag. For various types of signs see article III of this chapter.

Site. See Parcel.

Special use permit means a written permit issued by the zoning administrator with the written authorization of the board of zoning appeals. This special use permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations.

Storage unit means an enclosed building or space within an enclosed building designed and intended for storage purposes.

Story means that portion of a building, other than the basement, 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.

Story, half, means a space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street means a right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.

Street line means a dividing line between a lot, tract, or parcel of land and the contiguous street.

Street network.

(1)

Expressway. A street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

(2)

Arterial street. A street which provides for through traffic movement between and around areas with direct access to abutting property; subject to necessary control of entrances, exits, and curb uses.

(3)

Collector street. A street which provides for traffic movement between arterial and local streets with direct access to abutting property.

(4)

Local street. A street which provides direct access to abutting land and for local traffic movement whether in business, industrial, or residential areas.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be consider structural alteration:

(1)

Attachment of a new front where structural supports are not changed.

(2)

Addition of fire escapes where structural supports are not changed.

(3)

New windows where lintels and support walls are not materially changed.

(4)

Repair or replacement of non-structural members.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, streetlight fixtures, and street signs.

Tavern means an establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments, commonly known as key clubs, which are open, and in which alcoholic and cereal malt beverages are served only to members and their guests.

Theater, moving picture, means a building or part of a building devoted to the showing of moving pictures on a paid admission basis.

Theater, outdoor drive-in, means an open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.

These zoning regulations means the document duly approved and adopted by the city planning commission, which establishes zoning requirements.

Tourist home means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

Townhouse means a multiple-family dwelling unit which is individually owned along with a lot or other tract of land, as opposed to a condominium.

Tract means a plot or parcel of land other than a lot in a subdivision which is recorded in the office of the register of deeds.

Use means any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Use regulations means the provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

Variance means a modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning.

Way means a street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

Yard means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

Yard, front, means a yard extending across the full width of the lot, the depth of which is the least distance between the front lot line and the front yard setback line.

Yard, rear, means a yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line.

Yard, side means a yard extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the side yard shall be measured horizontally, between the side lot line and the side building setback line.

Zoning or district means a section of the zoning area for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.

Zoning administrator means the person authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.

Zoning area means the area to be zoned as set out on the official zoning map filed of record.

Zoning regulations means the requirements stipulated in the regulations in this chapter.

(b)

Words or terms not herein defined shall have their ordinary meaning in relation to the context.

(Ord. No. 3826(1), art. V, §§ 1, 2, 7-3-2001; Ord. No. 3996, § I, 8-7-2007; Ord. No. 4068, § I, 9-21-2010)

State Law reference— Group homes, prohibitions, conditions, definitions, K.S.A. 12-736.

The regulations set forth herein are adopted under authority of state statutes and in accordance with the adopted land use plan for the city.

(Ord. No. 3826(1), art. III, § 1, 7-3-2001)

State Law reference— Authority to adopt zoning regulations, K.S.A. 12-753.

These regulations shall apply to all structures and land within the incorporated area of the city, plus the unincorporated area of the county within three miles of the corporate boundary of the city.

(Ord. No. 3826(1), art. III, § 2, 7-3-2001)

Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate boundary of the city, written notice of such proposed action shall be given to the governing body of the county at least 20 days prior to the proposed action.

(Ord. No. 3826(1), art. III, § 3, 7-3-2001)

Except for corporate hog farms and feedlots, the regulations contained in these zoning regulations shall not apply to land and buildings under one ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.

(Ord. No. 3826(1), art. III, § 4, 7-3-2001)

When interpreting the provisions of these regulations, the following shall govern:

(1)

Minimum requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare of the citizens of the city.

(2)

Overlapping or contradictory regulations. Where the conditions imposed by the provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(3)

Private agreements. The provisions of these regulations are not intended to abrogate any easement, covenant, or other private agreement provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement the requirements of these regulations shall govern.

(4)

District boundary lines. Interpretation of zoning district boundary line locations shall be governed by the following:

a.

Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the centerlines thereof.

b.

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.

c.

Where a boundary of a district appears to follow a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the governing body, unless otherwise indicated.

d.

Where a district boundary line divides a lot or unsubdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the zoning map.

(Ord. No. 3826(1), art. IV, § 1, 7-3-2001)

Except where clearly required to be otherwise by the context, rules of construction shall include:

(1)

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(2)

The term "person" includes individuals, firms, corporations, associations, governmental bodies, and other legal entities.

(3)

The term "use," "used," "occupy," or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.

(4)

Unless otherwise specified, all distances shall be measured horizontally.

(Ord. No. 3826(1), art. IV, § 2, 7-3-2001)

The requirements of these zoning regulations permit only those uses listed in each district under use regulations for each district. Any owner of property desiring to use his property for some use other than the listed uses may proceed as follows:

(1)

When the proposed use intensity varies slightly from regulation, the property owner may file an application with the building official for a hearing with the board of zoning appeals for one of the following:

a.

Variance (height, area and yard).

b.

Exception (special use permit as outlined in the district regulations).

c.

Appeals from building official's decisions.

(2)

When the proposed use requires a change of the zoning ordinance and/or change in district zoning map, the property owner may file an application for zoning changes and proceed as set out in article XI of this chapter.

(3)

Any person intending to perform construction of any sort other than for agricultural structures shall provide certification of proof of compliance with zoning requirements to the building official.

(4)

Any person intending to construct a residence for other than agricultural use shall prepare a plat in accordance with the subdivision regulations and shall obtain the approval of the plat by the planning commission and the governing body before requesting a zoning permit. A plat is not required if the tract is more than 20 acres in size.

(Ord. No. 3826(1), art. IV, § 3, 7-3-2001)

(a)

The community comprehensive plan, preliminary report prepared by Earles & Riggs of Lindsborg, Kansas, adopted by the planning commission, is hereby approved.

(b)

The specific development plan for East Highway 160, an amendment to the community comprehensive plan, prepared by Earles & Riggs of Salina, Kansas, approved by the planning commission, is hereby adopted.

(Ord. No. 3806, 11-2-1999; Ord. No. 3875, 1-7-2003)

For various procedures, actions, functions and services provided for by the provisions of this chapter, there is hereby established the following fees which are on file in the city clerk's office:

(Ord. No. 3827, § I, 7-3-2001)