The City is hereby divided into eight zoning districts, as follows:

   (a)   R-1 Single-Family Residence District

   (b)   R-2 Single-Family Residence District

   (c)   R-3 Single-Family Residence District

   (d)   R-4 Multiple-Family Residence District

   (e)   B-1 Highway Commercial District

   (f)   B-2 Central Business District

   (g)   I-1 Light Industrial District

   (h)   I-2 Heavy Industrial District

   (i)   WTTO Wireless Telecommunication Tower Overlay District.

(Ord. 4742. Passed 6-21-99.)

   The boundaries of the zoning districts are shown upon a map, which is hereby made part of this Zoning Code, which map is designated as the "Zoning Map". The Zoning Map and all the notations, references and other information shown thereon are a part of this Zoning Code and have the same force and effect as if the Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein. The original of such Zoning Map is properly attested and is on file with the Clerk of Council.

(Ord. 4320. Passed 11-15-93.)

   (a)   The district boundary lines on the Zoning Map are intended to follow either street, alley or lot lines and where the districts designated on the Zoning Map are bounded approximately by such street, alley or lot lines, the street, alley or lot line shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the Zoning Map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning Map or by dimensions.

   (b)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of the railroad line.

   (c)   All territory which may hereafter be annexed to the Municipality shall be automatically classified in the R-1 Residence District unless Council enacts an ordinance, effective the same date as the ordinance or resolution accepting annexation of such territory, providing for use classification of such territory as an R-2 Single- Family Residence District, an R-3 Single-Family Residence District, an R-4 Multiple-Family Residence District, a B-1 Highway Commercial District, a B-2 Central Business District, an I-1 Light Industrial District, or an I-2 Heavy Industrial District. No such ordinance providing for a use classification of newly annexed territory shall be enacted as an emergency.

   (d)   No district established in this Zoning Code shall be created, amended, changed or modified in such a manner as to create a free-standing district of less than five acres in area. For the purpose of determining compliance with this section, the area composed of public right-of-ways within the district shall also be included in the area computations.

   (e)   Whenever any street, alley or other public way is vacated by the legislative authority, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(Ord. 4320. Passed 11-15-93.)

   (a)   No building shall be erected, converted or altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located, except as provided in Chapter 1159. No building shall be erected, enlarged or altered except in conformity with the area regulations, minimum yard requirements and minimum off-street parking space requirements of this Zoning Code for the district in which such building is located.

   (b)   No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard or other open space similarly required for another building.

(Ord. 4320. Passed 11-15-93.)

   The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units of families, shall be permitted only within a district in which a new building for similar occupancy would be permitted or conditionally permitted under this Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction in that district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified within the sections in this Zoning Code applying to that district.

(Ord. 4320. Passed 11-15-93.)

   In any Single-Family Residence District, only one main or principal building will be allowed per lot. In all other districts, additional main buildings may be permitted, provided that all density and other zoning requirements for the district are met.

(Ord. 4320. Passed 11-15-93.)

   (a)   Requirements. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition except under temporary conditions which do not threaten serious or immediate hazards unless the following performance standards are observed:

      (1)   Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.

      (2)   Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

      (3)   Noise. Noise which is objectionable, as determined by the Building and Zoning Board of Appeals, due to volume, frequency or beat, shall be muffled or otherwise controlled, except that air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

      (4)   Vibration. No vibration shall be permitted which is discernible without instruments on an adjoining lot or property.

      (5)   Smoke. Except as permitted or allowed by the Federal or State Environmental Protection Agency, smoke or other visible particulate emissions from any source shall not exceed twenty percent opacity, as a six-minute average in any sixty minutes, at any time.

      (6)   Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

      (7)   Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which can cause excessive soiling.

      (8)   Glare. No direct or reflected glare shall be permitted which is visible from any property outside an I District or from any public street, road or highway.

   (b)   Enforcement Provisions. All uses existing on the effective date of this Zoning Code may be continued even though such uses do not conform to the provisions of Chapters 1141 through 1155.

   (c)   Referral to City Manager. The Code Enforcement Officer may refer any proposed use which is likely to violate performance requirements specified herein to the City Manager for review.

(Ord. 4320. Passed 11-15-93.)

   Temporary buildings in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Ord. 4320. Passed 11-15-93.)

   (a)   Unless otherwise permitted in this Zoning Code, outdoor storage of any improperly licensed, unlicensed or inoperable motor vehicles for more than seven days is prohibited in any R or B District.

   (b)   Unless otherwise permitted in this Zoning Code, the outdoor parking or storage of any vehicle used for commercial or construction purposes with a rated weight of more than three-fourths of a ton, for more than one calendar day per month, shall be prohibited in any R or B District.

(Ord. 4320. Passed 11-15-93.)

   (c)   Unless otherwise permitted in this Zoning Code, the outdoor parking or storage of any vehicle in the front or side yard in any R District shall only be permitted on a driveway, subject however to the following exceptions:

      (1)   Vehicles may be directed by the Code Enforcement Officer to park on front and side yards, off of driveway surfaces, for the duration of planned community or public events, not exceeding five consecutive days.

      (2)   Vehicles not exceeding a rating of three-fourths ton may be parked on front and side yards, off of driveway surfaces, on a temporary basis, for not more than one day per calendar month.

   (d)   Outdoor parking or storage of vehicles in the rear yard in any R District shall be permitted only in an area that has been constructed to be a parking area or driveway. Any parking area must touch a driveway, street or alley. No parking area shall be created that would require driving across any lawn to reach the parking area. Parking areas, along with any accessory buildings, shall not exceed in total 35% of the required rear yard area.

   (e)   Driveways or parking areas shall be in accordance with Chapter 1163 of this code.

(Ord. 5129. Passed 1-3-05; Ord. 5807-18. Passed 9-17-18.)

   (a)   Permit to Install.

      (1)   No person shall install, or cause to be installed, in any residential or business district, any outdoor heating unit without first obtaining a permit from the City.

      (2)   In order to secure a permit, the applicant shall provide a site plan depicting the location of the proposed installation on the property, including distances from all existing structures on the property. The site plan shall also depict distances from the closest structures of all adjacent properties, and include the height of all structures on all adjacent properties. The height of the proposed chimney stack of the outdoor heating unit shall also be depicted on the drawing, as well as the proposed screening plan.

   (b)   Location.

      (1)   Outdoor heating units shall be located only in a rear yard.

      (2)   No outdoor heating units may be located less than 75 feet from any other structure. Units located 75 feet from any other structure must have a stack height at least two feet higher than the eave height of the nearest residential structure.

      (3)   If located more than 75 feet but less than 100 feet from the nearest structure, the stack height shall be not less than 75% of the eave height of the nearest residential structure, plus two feet.

      (4)   If located more than 100 feet but less than 150 feet from the nearest structure, the stack height shall be no less than 50% of the eave height of the nearest residential structure, plus two feet.

      (5)   If located more than 150 feet but less than 200 feet from the nearest structure, the stack shall be no less than 25% of the eave height of the nearest residential structure, plus two feet.

      (6)   No part of any outdoor heating unit's structure, required screening or fuel supply shall be permitted to locate closer than ten feet from any property line.

   (c)   Fuel/Wood. No person shall burn fuel in any outdoor heating units other than the fuel recommended by the manufacturer; provided, however, that regardless of any manufacturer recommendation, the burning of trash, plastics, gasoline, naphtha, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure-treated wood, leaves, paper products and cardboard, or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris is prohibited.

   (d)   Maintenance of Unit/Screening of Unit and Fuel.

      (1)   The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer's maintenance recommendations.

      (2)   The outdoor heating unit and fuel storage shall be screened by approved fencing, landscaping, earth berm or other suitable enclosure. The average height of the enclosure shall be equal to the height of the outdoor heating unit or stored fuel, but shall not be required to exceed eight feet in height.

      (3)   Every outdoor heating unit must have a spark arrestor securely attached to the chimney stack to prevent the passage of sparks and ashes to the outside atmosphere.

(Ord. 5159. Passed 11-7-05.)