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The purposes of the enactment of this Zoning Code are the promotion of health, safety and morals, the protection and preservation of places and areas of historical and cultural importance and significance, and protection of the general welfare of the community.
(Ord. 3-86, passed 6-12-1986)
The zoning regulations and districts as herein established, have been made in accordance with a comprehensive plan, for the purpose of promoting health, safety, morals and the general welfare, of the city. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other danger, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, to facilitate the adequate provisions 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 for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings and encouraging the most appropriate use of the land throughout the city.
(Ord. 3-86, passed 6-12-1986)
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word LOT includes the word PLOT; the word BUILDING includes the word STRUCTURE; the words SHALL and MUST are mandatory and not directory; and the term USED FOR includes the meaning DESIGNED FOR and INTENDED FOR.
ACCESSORY BUILDING or USE. A subordinate building, a portion of the main building, or a use customarily incident to and located on the lot occupied by the main building or use of the property.
ALLEY. A public way which affords only a secondary means of access to abutting property.
APARTMENT. A room or suite of rooms within an apartment house or other multi-use building arranged, intended, designed for, or used as the place of residence of a single-family or group of individuals living together as a single housekeeping unit.
APARTMENT HOTEL. An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSE. A building arranged, intended, designed for or occupied by more than two families.
AREA OF LOT. The net area of the lot and shall not include portions of streets and alleys.
BASEMENT. A story one-half or more of which is located below the average ground level. A BASEMENT will not be included as a story for purposes of height measurement.
BLOCK. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Engineer shall determine the outline of the block.
BOARDING HOUSE or LODGING HOUSE. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
BUILDING. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.
CURB LEVEL. The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. Where no curb has been established, the City Engineer shall authorize and approve the establishment of the curb or its equivalent.
DEPTH OF LOT. The mean horizontal distance between the front and rear lot lines.
DWELLING. Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, SINGLE-FAMILY. A building having accommodations for and occupied exclusively by one family.
DWELLING, TWO-FAMILY or DUPLEX. A building with accommodations for and occupied exclusively by two families.
DWELLING, MULTI-FAMILY. A building having accommodations for and occupied exclusively by more than two families.
FAMILY. Any number of individuals living together as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house.
FRONT YARD DEPTH. The minimum horizontal distance from the front line of the building to the front street line of the lot.
FRONTAGE. All the property on one side of a street between intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An accessory building or portion thereof in which privately owned motor vehicles are stored by occupants of the premises.
GARAGE, PUBLIC. Any building or premises used for the storage, care or repair of motor vehicles, which is operated for commercial purposes.
GARAGE, STORAGE. Any building or portion thereof, other than a private garage, providing storage for motor vehicles with facilities for washing, but no other service.
HEIGHT OF BUILDINGS. The vertical distance measured from the highest of the following three levels:
(1) From the street curb level;
(2) From the established or mean street grade in case the curb has not been constructed; and
(3) From the average finished ground, level adjoining the building where it sets back from the street line; to the level of the highest point of the roof beams of flat roof or roofs inclining not more than one inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.
HEIGHT OF COURT or YARD. The vertical distance from the lowest level of the yard or court to the highest point of any boundary wall.
HOTEL. A building occupied or used as a more or less temporary abiding place for individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.
LOT. A parcel of land occupied or to be occupied by a building and its accessory buildings, and including the open spaces as are required under this chapter, and having its principal frontage upon a public street or place.
LOT, CORNER. A lot abutting upon two or more streets at their intersection. A CORNER LOT shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Engineer.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A lot whose side lines do not abut upon any street.
LOT, THROUGH. Any interior lot having frontage on two streets.
LOT LINES. The lines abounding a lot as defined herein.
MANUFACTURED HOME. A structure constructed according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, and 40 body feet or more in length, or when erected on site is 320 feet or more square feet, and which is built on a permanent chassis and is designed to be used with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning and electrical systems.
MOBILE HOME. A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or when erected on site is 320 feet or more square feet, and which was built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and including the plumbing, heating, air-conditioning and electrical systems.
MOTEL. A group of attached, semi-detached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guests and/or their vehicles.
NONCONFORMING USE, BUILDING or YARD. One that does not, by reason of design, or use, conform to the regulations of the district in which it is situated.
PLACE. An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
REAR LINE. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the City Engineer shall determine the rear line.
REAR YARD. An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines.
REAR YARD DEPTH. The minimum horizontal distance from the rear line of the principal building to rear lot line.
SIDE LINE. Any lot boundary line not a front or rear line thereof. A SIDE LINE may be a party lot line, a line bordering on an alley or place, or a side street line.
SIDE YARD. Any open space, unoccupied (except as hereinafter provided) between the main building and the adjacent side line of the lot, and extending through from the front yard to the rear yard.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of the floor and the ceiling next above it.
STORY, HALF. That portion of a building having an average height of not more than eight feet and which covers a floor area of not more than 75% of the area of the floor next below.
STREET. A public thoroughfare or place which affords principal means of access to property abutting thereon.
STRUCTURAL ALTERATIONS. 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.
YARD. An open space of the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies or open porch. On corner lots, the FRONT YARD shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the REAR YARD shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the REAR YARD shall in all cases be at the opposite end of a lot from the front yard.
YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard line.
(Ord. 3-86, passed 6-12-1986)
(A) For the purpose of promoting health, safety, morals and the general welfare of the community by regulating and restricting the height, number of stories, size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence and other purposes; the city, is hereby divided into districts, as follows:
(1) District A1 Agricultural;
(2) District R1 Residential, Single-Family;
(3) District R2 Residential, Multi-Family;
(4) District R3 Residential, Mobile or Manufactured Homes, Mobile or Manufactured Home Parks;
(5) District CR Commercial, Retail;
(6) District CI Commercial, Industrial;
(7) District HI Heavy Industrial; and
(8) Plan Unit Development (PUD) District.
(B) The boundaries of the aforementioned districts are delineated upon the official zoning map on file in the City Secretary’s office and designated as "Zoning Map" and which map, together with all notations, references and information thereon, is hereby adopted and made a part of this subchapter as though the same were fully copied herein.
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:
(A) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway rights-of-way lines shall be construed to be the boundaries;
(B) Where district boundaries are so indicated that they approximately follow the lot lines, the lot lines shall be construed to be the boundaries;
(C) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, the district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by the use of the scale on the zoning map;
(D) In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map;
(E) In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown;
(F) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of the vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts; and
(G) Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.
(Ord. 3-86, passed 6-12-1986)
All territory, which may hereafter be annexed to the city, shall automatically be classed as lying and being in District A1 until such classification shall have been changed by the amendment to the Zoning Ordinance, as provided by law. The City Council as soon as practicable after annexation of any territory, shall institute proceeding on its own motions to give the newly annexed territory a permanent zoning. (See § 154.008(B) below).
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)
(A) General. Except as hereinafter specifically provided:
(1) No land shall be used except for a purpose permitted in the district in which it is located;
(2) No building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated;
(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered until an application for a building permit is made to the City Secretary and the permit is issued, unless the building alterations shall not exceed in costs, including labor and materials or reasonable allowances therefor, the sum of $250; and
(4) Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one main building on one lot, unless otherwise provided in this chapter.
(B) District A1 Agricultural; use regulations. There exists within and on the fringes of the city land which is presently used for agricultural purposes and to which all urban services are not yet available and such land should appropriately be continued in agricultural use until needed for urban purposes in conformity with the orderly growth of the city. The A1 Agricultural District, is created to provide an appropriate zoning for those lands expected to remain in agricultural or "undeveloped" use for several years. The uses permitted in the A1 Agricultural District, include normal farming, ranching and gardening activities except for any form of animal husbandry that may be specifically prohibited by ordinance. It is anticipated that all of the A1 Agricultural District, will be changed to urban uses and other zoning categories as the area within the corporate limits becomes fully developed. Newly annexed territory is zoned as A1 Agricultural District, unless the City Council, at the time of annexation, designates other zoning categories for that area.
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999) Penalty, see § 154.999
(A) Use regulations. Buildings or land, in any portion of the city may be used for any of the uses listed under this classification, but in an R1 District no building or structure shall be hereafter erected which consists of less than 1,250 square feet of floor space, exclusive of garages and out-buildings or attached garages, or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:
(1) Single-family dwellings, excluding mobile or manufactured homes;
(2) Churches or other places of worship;
(3) Colleges, universities or other institutions of higher learning;
(4) Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement;
(5) Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency;
(6) Public buildings, including libraries, museums, police and fire stations;
(7) Real estate sales offices during the development of residential subdivisions but not to exceed two years. Display residential houses with sales offices, provided that if the display houses are not moved within a period of one year, specific permission must be obtained from the City Council for display houses to remain on their locations;
(8) Schools: public, elementary, middle or high;
(9) Schools: private, with curriculum equivalent to that of a public elementary, middle or high school;
(10) Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;
(11) Water supply reservoirs, pumping plants and towers; and/or
(12) Accessory buildings and uses, customarily incident to the above uses located on the same lot therewith, not involving the conduct of a retail business.
(a) The term ACCESSORY USE shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same.
(b) A billboard, signboard or advertising sign shall not be permitted as an incidental use, except that the placing of an unilluminated "For Sale" or "For Rent" sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one unilluminated sign advertising contractors or architects on the premises shall be permitted, provided that the sign shall not be more than eight square feet in area and shall be set back of the established or customary building line, and the sign shall be removed immediately upon completion of the building.
(c) A private garage, with or without storeroom and/or utility room, shall be permitted as an accessory building, provided that the garage shall be located not less than 50 feet from the front lot line nor less than five feet from any side or rear lot and in the case of corner lots not less than the distance required for residences from side streets. A garage or servants’ quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building.
(B) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 154.018 below.
(D) Pre-existing mobile or manufactured homes. Mobile or manufactured homes situated within the R1 District on the effective date of this subchapter may be replaced, renovated or remodeled with manufactured homes on a permanent foundation of more than 1,250 square feet of living space.
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)
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