The zoning regulations and districts established in this chapter have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of the land throughout the city.

(Ord. No. 1500, § 1, 1-10-1989)

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

Accessory building means:

(1)

In a residential district, a subordinate building attached to or detached from the main building, without separate utilities, not used for commercial purposes, and not rented, and containing servants' quarters, a washroom, a storage room for domestic storage only and space for one or more automobiles.

(2)

In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

Accessory use means a use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal use.

Agent of owner means any person who can show certified written proof that he is acting for the property owner.

Alley means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property.

Amusement redemption game room means any building, facility or other place that is open to the public and that contains one or more operational amusement redemption machines.

Apartment means a room or suite of rooms in an apartment house arranged, designed or occupied as a residence by a single family, individual or group of individuals.

Apartment house means any multiple-family dwelling or building, or portion thereof, that is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Basement means a story whose floor is more than 12 inches, but not more than half of its story height, below the average level of the adjoining ground (as distinguished from a cellar that is a story more than one-half of its story height below such level). A basement or cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.

Beginning of construction means the incorporation of labor and material within the foundation of the building.

Boardinghouse means a building other than a hotel where lodging for five or more persons are served for compensation.

Building means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building.

Building line means a line parallel or approximately parallel to a lot line or street line and beyond which buildings may not be erected.

Building, main, means a building in which is conducted the principal use of the site on which it is located. In any residential district, any and all dwellings shall be deemed to be main buildings on the site on which they are located.

City inspector means the city inspector or other official appointed by the city to enforce this chapter.

Clinic, medical, means an institution or station for the examination and treatment of ill and afflicted out-patients.

Convalescent home means any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

Court means an open, unoccupied and unobstructed space, other than a yard, on the same lot with the building or group of buildings.

Coverage of a lot means the ratio of gross floor area of the first floor of a building or a group of buildings on the same lot to the area of the lot, expressed as a percentage.

Day nursery means a place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m.

Detached structure means any building, accessory building or structure that is not physically attached to any other building or structure by any means.

District or zoning district means a portion of the territory of the city within which certain uniform resolutions and requirements or various combinations thereof apply under the provisions of this chapter.

Dwelling means a building which contains at least one dwelling unit, and used exclusively for residential purposes, but not including tents, trailers, recreational vehicles, or mobile homes.

Dwelling, duplex, means a dwelling designed for and used by two families, each having its own dwelling unit.

Dwelling, multiple-family, means a dwelling designed for and used by three or more families, each having its own dwelling unit.

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

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation, and in full compliance with the city's minimum housing standards.

Family means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit and in which not more than four individuals are unrelated by blood.

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

Grade, existing, means the average level of the original surface of the ground adjacent to the exterior walls of the building.

Hotel/motel means a building or group of buildings, including either separate units or a row or rows of units that contain living or sleeping accommodations primarily for transient occupancy, and have individual entrances.

Lot includes the terms "plot" and "parcel" and means one piece, parcel or tract of land that collectively meets all the following requirements:

(1)

Is located in a single block;

(2)

Has frontage on an accepted and improved public street;

(3)

Is occupied or utilized or designated by its owner or developer to be occupied, developed or utilized as a unit for a principal use and uses accessory thereto, together with such open spaces as are required by this chapter; and

(4)

A plat of which has been recorded in the office of the county clerk.

Lot, area of, means the net area of the lot and shall not include portions of streets and alleys.

Lot depth means the mean horizontal distance between the front lot line and rear lot line of a zoning lot.

Lot line means a boundary of a lot.

Lot line, front, means the street right-of-way line at the front of a lot.

Lot line, rear, means the lot line opposite and most distant from the front.

Lot line, side, means a lot line which is not a front lot line or rear lot line. A side lot line separating a lot from a thoroughfare other than an alley is an exterior side lot line as opposed to an interior side lot line.

Lot width means the mean horizontal distance between the side lot lines of a lot.

Manufactured home means a HUD-Code manufactured home or a mobile home and collectively means and refers to both.

Manufactured home, HUD-Code, means a structure constructed on or after June 15, 1976, according to the rules of the federal department of housing and urban development transportable in one or more sections that, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected onsite, is 320 or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the home's plumbing, heating, air conditioning, and electrical systems.

Manufactured home park means a tract of land, not less than three acres in size, under single or common ownership, that is designed and improved to contain five or more sites available for long-term lease or rent to the public for the placement of manufactured homes, and that may include private streets, buildings, and other facilities and services for common use by the residents, meeting all requirements of this chapter.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections that, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected in site, is 320 or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the home's plumbing, heating, air conditioning, and electrical systems.

Multi-wide HUD-Code manufactured home means a HUD-Code manufactured home in which the narrowest exterior wall is no less than 14 feet in width when assembled, transportable in two or more sections.

Nursing home means any premises where more than three persons are lodged and furnished with meals and nursing care.

Open space means an area included in any side, rear or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky.

Recreational vehicle means a vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven which is designed as a temporary living accommodation for recreational, camping, and travel use, and which includes, but is not limited to, travel trailers, truck-campers, camping trailers, and self-propelled motor homes. Except as provided in chapter 10, for use in conjunction with a temporary event or business activity otherwise allowed, and not to exceed 30 days, or parked on a lot with an otherwise conforming residence or business, and located on the lot for not longer than 14 days, the use of a recreational vehicle as a dwelling, other than within a recreational vehicle park, is prohibited.

Recreational vehicle park means any parcel or tract of land, not less than three acres in size, under single or common ownership, that is designed and improved to provide five or more camping unit sites that are offered for the use of the public by rent or lease, and that may include private streets, buildings, and other facilities and services for common use by the residents, meeting all requirements of this chapter. Recreational vehicle park sites are designed and intended to accommodate recreational vehicles only.

Servants' quarters, bona fide, means living quarters located on the same lot as the main building for the family of a servant employed on the premises who receives at least 50 percent of his total income from the occupant of the main building.

Setback line means that line which is parallel to and the minimum allowable horizontal distance from a given point or line or reference, such as a lot line, to the minimum required building line.

Sexually oriented business means any business that includes a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Sign means any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device.

Sign, area of, means the total exterior surface computed in square feet of a sign having but one exposed exterior surface; the aggregate exposed exterior surface computed in square feet of a sign having more than one such surface.

Story means that portion of a building included between the surface of any floor and the ceiling next above it.

Street means any thoroughfare other than an alley.

Street line means a dividing line between a street right-of-way and an abutting lot, tract, or parcel of land.

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

Structure means anything constructed, the use of that required permanent location on the ground or attachment to something having a permanent location on the ground.

Townhouse means a single-family dwelling constructed in a series or group of attached units with property lines separating each unit.

Townhouse, common area, means an area held, designed and designated principally for the common use of the occupants of a townhouse project.

Townhouse group means four or more contiguous townhouses connected by common walls.

Townhouse, private yard, means an area of open space within a townhouse but which is unoccupied and unobstructed by any portion of a structure.

Townhouse project means a townhouse development or plan which is submitted and approved by a single special permit and which is laid out on contiguous land, all uninterrupted by intervening public streets.

Used and occupied include the phrase "intended, designed or arranged to be used or occupied."

Yard means an open, unoccupied space other than a court on the lot in which a building is situated that is unobstructed from the ground to the sky.

Yard, front, means an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yards and being the minimum horizontal distance between the street line and the main building.

Yard, rear, means an open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and being the minimum horizontal distance between the rear lot line and the main building.

Yard, required front, means an open space extending the full width of a lot between the front line and the front setback line, unoccupied and unobstructed from the ground upward except as otherwise specified elsewhere in this chapter.

Yard, required rear, means an open space extending the full width of the lot between the rear lot line and the rear setback line, unoccupied and unobstructed from the ground upward except as otherwise specified elsewhere in the chapter.

Yard, required side, means an open space extending from the minimum front yard setback line to the minimum rear yard setback line between the side yard setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward except as otherwise specified elsewhere in this chapter.

Yard, side, means an open, unoccupied space on the same lot with a building, situated between the building and side line of the lot, and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.

Zoning map, official, means the zoning map or maps of the city attested together with all amendments subsequently adopted

(Ord. No. 1500, § 18, 1-10-1989; Ord. No. 2009, § 4, 6-12-2012)

In interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(Ord. No. 1500, § 15, 1-10-1989)

(a)

Adoption by reference; certification required. The city council has divided the city into zones or districts as shown on the official zoning map that, together with all explanatory matter thereon, is adopted by reference into this section. The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map of the city referred to in the official City Code."

(b)

Changes to map. No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change is a violation of this chapter. If authorized changes are made in district boundaries or other matter portrayed on the official zoning map in accordance with the provisions of this chapter, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon this official zoning map. The entry shall be signed by the mayor and attested by the city clerk.

(c)

Original map controlling over copies in the event of conflicts. Regardless of the existence of purported copies of the official zoning map that may from time to time be made or published, the official zoning map, located in the office of the city clerk, shall be the final authority as the current zoning status of land, building and other structures in the city.

(d)

Adoption of new zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original, this chapter or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map previously adopted by the city."

(Ord. No. 1500, § 3, 1-10-1989)

The use districts established by the city into which the city is divided are designated as follows:

(1)

R-1 District: Residential District.

(2)

R-2 District: Residential District.

(3)

R-3 District: Residential District.

(4)

R-4 District: HUD-Code Manufactured Housing Residential District.

(5)

T District: Townhouse District.

(6)

PUD District: Planned Unit Development District.

(7)

B-1 District: Business District.

(8)

C-1 District: Commercial District.

(9)

C-2 District: Commercial District.

(10)

I District: Industrial District.

(Ord. No. 1500, § 4, 1-10-1989)

(a)

R-1 Residential Districts. R-1 districts consist mainly of areas containing single-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residential districts, regulations applicable to R-1 districts are designed to encourage the provision of single-family detached dwellings in low density residential areas.

(b)

R-2 and R-3 Residential Districts. The R-2 and R-3 districts consist mainly of single-family areas that contain some two-family or multiple-family development or that are centrally located or suitable for additional two-family or multiple-family development. In addition to the general purposes applying to all residential districts, the regulations applicable to R-2 and R-3 districts are designed to encourage the provision of convenient rental accommodations as well as the provision of single-family detached dwellings.

(c)

R-4 Residential Districts. R-4 districts consist mainly of single-family, HUD-Code manufactured housing. R-4 districts may include site built single-family and multifamily dwellings. In addition to the general purposes applying to all residential districts, the regulations applicable to R-4 districts are designed to provide higher density, affordable housing, rentals or owner occupied.

(d)

T Townhouse Districts. T districts consist mainly of areas that contain townhouse and condominium development.

(e)

PUD Districts. PUD districts contain a variety of uses, including residential, manufactured home and recreational vehicle parks, business, commercial, and industrial. Proposed uses, district boundaries, regulations, densities, lot coverage, yards, streets, drainage, utilities, and locations are collectively reviewed as a single development during the rezoning, subdivision or development process. Only those uses and regulations that are approved may be implemented. PUD districts may overlay or replace existing districts. PUD uses and regulations may vary from those of other districts.

(f)

B-1 Business Districts. B-1 districts consist mainly of uses that coexist in harmony with residential districts or serve as a buffer zone between residential and commercial districts.

(g)

C-1 Commercial Districts. C-1 districts consist mainly of land occupied by or suitable for the retailing of convenience goods and the furnishing of certain personal services to satisfy most of the daily needs of the neighborhood. C-1 districts also provide space for financial, administrative government, and business uses.

(h)

C-2 Commercial Districts. C-2 districts consist mainly of land occupied by or suitable for a wide range of certain retail, wholesale, service and business activities that are not generally appropriate or compatible next to residential districts. This district is designed to permit development of the enumerated functions and to provide space for uses oriented to regional trade areas, but not so intensive as to restrict them to an industrial district.

(i)

I Industrial Districts. I districts are designed to provide land for a wide range of industrial activities subject to limitations intended to protect nearby residential and business districts and to protect the permitted uses from one another. I districts consist mainly of areas occupied by or suitable for manufacturing, processing and other industrial activities.

(Ord. No. 1500, § 4, 1-10-1989)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules of interpretation and procedure shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys; platted lot lines; city limits; railroad centerlines; banks or centerlines of banks, streams, rivers, canals, lakes or other bodies of water shall be construed to follow such lines.

(2)

Boundaries indicated as parallel to or extensions of features indicated in subsection (1) 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.

(3)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not otherwise covered in this section, the board of adjustments shall interpret the district boundaries.

(Ord. No. 1500, § 5, 1-10-1989)

(a)

Territory that may be annexed to the city shall be considered to be zoned R-1 residential. Application for building permits for uses other than R-1 residential in newly annexed areas shall be referred to the planning and zoning commission by the city inspector.

(b)

The planning and zoning commission may recommend denial or, in recommending approval of the building permit, may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly provided in this chapter for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.

(c)

The application for permit together with the recommendations of the planning and zoning commission shall be forwarded to the city council for final authorization before issuance of a building permit.

(Ord. No. 1500, § 6, 1-10-1989)