§ 153.187 AMENDMENT.

   (A)   Procedure. The Council, the Planning Commission, or property owners claiming to be affected thereby may initiate an amendment to this chapter. If by petition of the latter, the matter of whether the property owners are affected shall be a fact question to be determined at the hearing on the amendment. If an adverse decision is made with reference to the question, the hearing shall not proceed, but the decision shall mean that the amendment was improperly initiated and cannot be pursued. An amendment, when not initiated by the Planning Commission, shall be referred to it for study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report from the Planning Commission.

   (B)   Hearing. No amendment shall be adopted until a public hearing has been held thereon by the Council. The city shall cause notice of the time, place and purpose of the hearing to be published in the official newspaper at least 10 days prior to the day of hearing.

   (C)   Notice to be given. When an amendment involves changes in district boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partially within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the City Administrator shall be responsible for mailing the notice using any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and the addresses to which the notice was sent shall be attested to by the City Administrator and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided that a bona fide attempt to comply with this requirement has been made.

   (D)   Consistency with Comprehensive Plan. If a proposed rezoning is not consistent with the Comprehensive Plan, the applicant shall apply for a Comprehensive Plan amendment concurrently with the application for rezoning. The applicant shall provide written and graphic documentation showing why the proposed amendment is superior to the existing Plan and changes that have occurred that make the amendment appropriate.

   (E)   Action to approve. A 4/5 vote of the full Council is required for action to rezone property from one district to another and for a Comprehensive Plan amendment. In the event an application to rezone is approved, an appropriate amending ordinance shall be executed and published. Rezoning amendments shall describe the property rezoned by its legal description and shall be indicated on the Official Zoning Map, but it shall not be necessary to re-publish the rezoning map to effectuate the rezoning amendment.

(Ord. 109, 5th Series, passed 6-3-1999)

   LAND USE CHART

   Each use is classified as one of three types of allowable uses: permitted (“P”); conditional (“C”); interim (“I”); and accessory (“A”). The letter for the classification for each use is shown under one or more of the zoning districts in which the use is allowed.

Uses	AR	LR	R-1	R-2	R-3	SB	CB	PI	GI	MU
Antique and craft shops	I	I		I	I	P	P	P	P	P
Agriculture Crop & livestock production & research; tree & sod farming; orchards; general farming Crop protection materials & fertilizer - storage & distribution Grain processing, storage & distribution Livestock sales	P, A C/I					C/I C/I		C/I C/I	P P C/I
Agriculture implement and truck sales & service						C/I		C/I	C/I
Automobile/truck sales, service, leasing, rentals						P	C/I	P	P
Automobile service stations; car/truck washes						P	C/I	P	P
Airports	P							P
Bakeries - up to 4 persons in baking process						P	P	P	P	P
Bakeries - more than 4 persons in baking process						P		P	P
Bed and breakfast residence	C/I	C/I		C/I	C/I	P	P			P
Boat, marine and implement sales and service						P	C/I	P	P
Building material sales and storage						C/I	C/I	P	P
Bulk storage and distribution facilities						C/I*		P	P
Bus stations						P	P	P	P
Cemeteries	P
Centers for receiving, sorting, purchasing, selling, and distributing livestock**								C/I	C/I
Clinics - animals only	C/I					P	C/I		P	C/I
Clinics - people only	C/I			C/I	C/I	P	P	P		C/I
Clubs and lodges	C/I			C/I		P	P			C/I
Clubs - sports and fitness	C/I					P	P			C/I
Commercial recreation	C/I					P	P			C/I
Communication, satellite dishes (diameter of more than 24 inches)	I	I	I	I	I	I	I	I	I	C/I
Concrete ready mix plants									C/I
Contractors shops (includes electric, plumbing, construction, lawn maintenance, snow removal and similar)	C/I					P	P	P	P
Convenience store						P	P	C/I	P
Day care and residential facilities Day care: 12 or fewer More than 12 Group family day care center 14 or fewer Residential facility 6 or fewer 7 through 16	P P	P P P	P	P P P	P C/I C/I P C/I	C/I C/I C/I	C/I C/I C/I	C/I C/I	C/I C/I	C/I
Dog kennel	C/I
Drive in business						A	P	C/I	C/I
Dry cleaning - more than 4 employees								P	P
Dry cleaning - up to 4 employees						P	P
Dwellings One family Two family Multiple Apartments*** Lodging house	P P P P	P P P	P P P	P P P P	P P P P P	C P P	P P			P P P
Electric light & power generating stations								C	C
Essential public services	A	A	A	A	A	A	A	A	A	A
Extraction of sand, gravel, and the like	C/I								C/I
Financial institutions and services						P	P		P	P
Fitness and exercise club					C/I	C/I				C/I
Freight terminals, warehousing								P	P
Garages, service or repair						C/I	C/I	P	P
Golf clubhouse, country club, private swim club, public swim club	P
Greenhouses, nurseries, landscaping service	C/I					P	C/I	P	P	C/I
Grocery stores						P	P
Home occupations	I, A	I, A	I, A	I, A	I, A	P	P		I	P
Hospitals, convalescent and nursing homes					P	P
Hotel/motel						P	P	P	P
Houses of worship	P	C/I		C/I	C/I	P				P
Institutional, nonindustrial, public or private				C/I	P	P	P
Laboratories, research, testing						C/I	C/I	P	C/I
Light manufacturing						C/I		P	P
Liquor stores, taverns						P	P
LP tank(s) (combined capacity in excess of 200 lbs)	I	I	I	I	I	I	I	I	I	C/I
Manufacturing, processing, fabrication						A	A	P	P
Monument sales and engraving						P	A	P	P
Monuments and markers - public	P	P	P	P	P	P	P	P	P
Mortuaries, funeral homes						P
Mobile/manufactured home parks	C/I
Museums, arts and cultural uses	C/I	C/I	C/I	C/I	C/I	P	C/I	C/I	C/I	C/I
Offices - professional, business public	I	I		I	I	P	P	P	P	P
Off-street parking	A	A	A	A	A	A	A	A	A	A
Outdoor vending machines and telephones					A	C/I A	C/I A	C/I A	C/I A
Private garages	A	A	A	A	A					A
Public parks and recreation facilities	P	P	P	P	P	P	P	P	P	P
Public uses and services: Class 1	C/I	C/I	C/I	C/I	C/I	P	P	P		P
Public uses and services: Class 2						C/I		P	P
Publishing and printing						P	P	P	P
Recreational camping area	C/I					C/I
Radio and television stations, studios and towers	C/I					C/I	C/I	P	P
Recycling yards & centers								P	P
Retail businesses						P	P			P
Retail services						P	P	P		P
Restaurants						P	P			P
Restaurants - fast food						P	P			P
Retail and service uses essential to operation of district									C/I
Salvage/junk									C/I
Schools - business, professional					C/I	P	P	P	C/I
Schools - public and private	P	C/I			C/I	P	P
Services - personal and professional	I	I		I	I	P	P	A		P
Signs	A	A	A	A	A	A	A	A	A	A
Storage, inside commercial/industrial						P	P	P	P	P
Storage, outside	A	A	A	A	A	C/I A	C/I A	C/I A	C/I A	C/I
Theaters, indoor						P	P
Utility substation	C/I					C/I	C/I	C/I	C/I	C/I
Warehousing						P	C/I	P	P

 

*   Provided such use is accessory to the main use of the property.

**   Provided that: (1) no livestock shall be kept out-of-doors; and (2) the center is located: (a) on a tract of land of 5 acres or more; and (b) at least one-half mile from any permanent residence.

***   Provided that there shall be no more than two dwelling units on each lot and that ground floor apartments north of White Street in the Central Business District cannot front on, access directly from, or be immediately adjacent to sidewalks along Second Street.

(Ord. 109, 5th Series, passed 3-7-2000; Am. Ord. 115, 5th Series, passed 6-5-2001; Am. Ord. 117, 5th Series, passed 12-18-2001; Am. Ord. 120, 5th Series, passed 6-18-2002; Am. Ord. 126, 5th Series, 6-3-2003; Am. Ord. 22, 6th Series, passed 8-21-2007; Am. Ord. 30, 6th Series, passed 10-7-2008; Am. Ord. 36, 6th Series, passed 5-5-2009; Am. Ord. 46, 6th Series, passed 8-3-2010)