This article shall be known, cited and referred to as article 9.03, zoning ordinance, of the Code of Ordinances of the city.
(Ordinance O-02-2020, sec. 1-100, adopted 3/23/2020; 1997 Code, sec. 154.01)
The zoning regulations and districts have been established for the purpose of promoting the health, safety, morals, and general welfare of the citizens of the city. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the 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 for its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance O-02-2020, sec. 2-100, adopted 3/23/2020; 1997 Code, sec. 154.02)
(a)
Interpretation.
When interpreting and applying the provisions of this article, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(b)
Conflict with other laws.
Nothing in this article shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses which are now prohibited by law.
(c)
District boundaries.
When definite distances in feet are not shown on the zoning district map, the district boundaries on the map are intended to be along existing streets, alleys or property lines or extensions of, or from, the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line.
(d)
Discrepancies in map.
Where the street layout, actually on the ground, varies from the street layout as shown on the zoning district map, the board of zoning adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.
(e)
Noncompliant buildings, structures or uses.
No building, structure or use, which was noncompliant at the time of adoption of this article, shall be, become or be made compliant solely by the adoption of this article.
(f)
Rules for definitions.
(1)
For the purpose of this article, certain words and terms that apply to this article are defined in division 5 (Definitions), or as defined within a section.
(2)
Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular.
(3)
The word "shall" is mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The word "lot" shall include the words "piece," "premises," "tract" and "parcel," and except when specifically stated otherwise, shall mean a building lot.
(6)
The term "less restrictive district" shall mean one with more permitted, or allowed, uses.
(7)
The word "building" shall include any structure designed or built for the support, enclosure, shelter or protection of persons or property of any kind.
(8)
The phrase "used for" shall include the phrase "arranged for," "designed for," "intended for," "maintained for," "occupied for," and shall apply exclusively to physically existing uses.
(Ordinance O-02-2020, secs. 3-100–3-600, adopted 3/23/2020; 1997 Code, sec. 154.03)
(a)
It is hereby declared to be the intention of the city council that several provisions of this article are severable.
(b)
If any court of competent jurisdiction shall judge any provision of this article to be invalid, such judgment shall not affect any other provision of this article not specifically included in said judgment.
(c)
If any court of competent jurisdiction shall judge invalid the application of any provision of this article to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.
(Ordinance O-02-2020, sec. 4-100, adopted 3/23/2020; 1997 Code, sec. 154.04)
(a)
(b)
Purpose of districts.
(1)
"SF-1" single-family residential district -R9.6.
This district is intended to be composed of single-family, detached dwellings on large or intermediate-sized lots, which form a neighborhood characterized by owner-occupied homes in a low density setting.
(2)
"SF-2" single-family residential district -R7.0.
This district is intended to be composed of single-family detached homes; cluster housing, single-family attached homes; duplexes; and HUD-code manufactured homes located on single-family residential lots. Lot sizes and home sizes are intended to be smaller than SF-1, and situated in a medium density setting. Attached dwellings may be clustered together in rows of townhouses and other zero-lot-line clustering, or patio homes. It is intended that these dwellings will form a neighborhood characterized by owner-occupied homes in the highest density setting of such homes and by open spaces in common ownership or otherwise which are designed to give relief to the density of dwellings and to provide desired amenities for this type of neighborhood. It is intended that advanced and creative designs or residential dwellings and their arrangements, and landscape planning will be encouraged in this district. A master site plan is required before development of cluster homes may be considered. Dwellings must meet minimum square feet living area regulations per living area.
(3)
"MF-M" multifamily residential district -medium density.
This district is intended to be composed of mostly apartment buildings in a medium density setting, including the smallest size apartment buildings (duplexes and triplexes) and those of larger sizes within a range up to that which will not exceed the maximum allowable number of dwelling units.
(4)
"MF-H" multifamily residential district -high density.
This district is intended to be about the same as "MF-M" except that higher densities and taller apartment buildings are permitted.
(5)
"MH-1" manufactured housing district.
This district is intended to be composed of manufactured home parks and/or manufactured home subdivisions. Recreational vehicle parks are allowed after approval of a conditional use permit.
(6)
"CBD" central business district.
(A)
This district is intended to be composed of various uses which provide for the development of the downtown district and preserve the historical value of the buildings. The district is also intended to allow for the development of office buildings housing places of professional services, restaurants, personal services and retail.
(B)
Uses permitted in the "CBD" are outlined in the commercial, manufacturing and industrial use chart.
(C)
The district typically is bounded by north, south, east and west streets.
(7)
"LC" light commercial district.
This district allows for a variety of retail, business services and other commercial business in areas other than the highway corridors and the central business district. Uses permitted in the "LC" are outlined in the commercial, manufacturing and industrial use chart.
(8)
"TC" thoroughfare commercial district.
This district is intended to accommodate all types and sizes of commercial enterprises exclusive of warehousing and manufacturing. It is intended that much of the land contiguous to U.S. 281 fall in this classification. Uses permitted in the "TC" are outlined in the commercial, manufacturing and industrial use chart.
(9)
"TC/LMI" thoroughfare commercial/light manufacturing district.
This district is intended to accommodate the development of commercial enterprises exclusive of warehousing, manufacturing, storage and industrial uses, such as fabrication of materials and specialized manufacturing and research institutions, all of a non-nuisance type. Uses permitted in the "TC/LMI" are outlined in the commercial, manufacturing and industrial use chart.
(10)
"MI" Manufacturing and industrial district.
This district is intended to accommodate all types of industrial and warehousing uses, including oil and gas well servicing companies, and all other uses not prohibited by ordinance. Uses permitted in the "MI" are outlined in the commercial, manufacturing and industrial use chart.
(11)
"PD" planned development district.
This district is intended to encourage creative development of the land, to provide locations for well-planned comprehensive developments and to accommodate a variety of flexibility in the development patterns of the city. Land use can include well-planned comprehensive single-family housing developments as well as other commercial uses. Uses permitted in the "PD" are outlined in the commercial, manufacturing and industrial use chart.
(12)
"MFVD" mobile food vendor district.
This district is intended to encourage a central location for the placement of temporary mobile food vendors, providing for a centralized location for the convenience of citizens and patrons and creating a destination draw for citizens, visitors and tourists.
(c)
Zoning district map.
(1)
The boundaries of the districts are as shown on the official zoning district map, which is hereby adopted and made a part of this article. It shall be the duty of the city secretary to keep the map current by marking and otherwise indicating on it the changes of the district boundaries and of uses as a result of amendments to this article.
(2)
Where uncertainty arises with regard to the boundaries of districts as shown on the map the following rules shall apply:
(A)
Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, or property lines shall be construed as following such centerlines.
(B)
Boundaries indicated as approximately following city limit lines shall be construed as following such lines.
(C)
The scale of the map shall determine distances not specifically indicated on the map.
(D)
Where physical features existing on the ground are at variance with those shown on the map or in other circumstances not covered by these rules, the board of alderman shall interpret the district boundaries.
(Ordinance O-02-2020, secs. 5-100–5-300, adopted 3/23/2020; 1997 Code, sec. 154.05; Ordinance O-06-2022 adopted 8/8/2022)
(a)
Zoning of vacated streets and alleys.
Whenever a street or alley that formed a district boundary is vacated by the city council, adjacent districts shall extend to the centerline of the street or alley vacated.
(b)
Reverse corner lots.
On a reverse corner lot in any nonresidential district, if the rear property line abuts a lot zoned for residential purposes, no structure or portion of the structure shall be located within five (5) feet of the rear lot line. Additionally, if any portion of a structure on a reverse corner lot in a nonresidential district is located within fifteen (15) feet of the rear lot line, then the setbacks for the side street yard shall be the same for the lot which it abuts in the rear.
(c)
Special rules for double frontage lots.
(1)
On double frontage lots, a minimum front yard shall be required on both streets and all front yard regulations shall apply.
(2)
When a double frontage lot is located in any residential district, the major thoroughfare shall be the rear lot line, and such lot shall front on the minor street.
(3)
Where a double frontage lot is developed with a major thoroughfare frontage as the rear lot line and a screening device is installed along the rear line, the screening device shall meet the fence and screening device requirements in this article and shall be maintained by the property owner.
(d)
Principal and accessory buildings and uses.
(1)
All residential uses and buildings, except servant's quarters, garage apartments and guest houses, as herein defined, are principal uses and buildings. Accessory buildings are not allowed on a lot without the existence of a principal use building.
(2)
No accessory building, other than servant's quarters, guest houses and garage apartments located in districts where those buildings are permitted, shall be used for dwelling purposes.
(3)
In addition to those uses listed as accessory uses in the district regulations, the following list, while not all-inclusive, are also considered uses for accessory buildings:
(A)
Storage of personal or business related items.
(B)
To engage in a business related activity if allowed in that particular district and/or approved by the board of zoning adjustment.
(C)
Off-street motor vehicle parking areas and loading facilities for the exclusive use of the owners, customers, clients and employees.
(D)
In multifamily residential developments: club rooms, clothes washing and drying facilities, swimming pools, sauna baths and other indoor and outdoor recreation facilities common to such developments, when such uses exist for the use and benefit of residents and their guests, but not the general public.
(E)
Use of shipping containers as accessory buildings is prohibited.
(e)
Permitted obstructions, required yards and open spaces.
The following shall not be considered to be obstructions when located in the required yards and open spaces specified:
(1)
In all required yards:
(A)
Open terraces not over four (4) feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch, awnings and canopies.
(B)
Steps four (4) feet or less above grade which are necessary to provide access to a permitted building, or for access to a building lot from a street or alley.
(C)
Chimneys projecting twenty-four (24) inches or less into the yard but not occupying more than two percent (2%) of the required yard area.
(2)
In front yards.
(A)
One-story bay windows, balconies and overhanging eaves or gutters, none of which shall project more than four (4) feet into a required yard.
(B)
Trees having single trunks shall be permitted when lower branches are pruned to a height of seven (7) feet above said grade to prevent obstruction to traffic.
(3)
In side yards: Bay windows, overhanging eaves or gutters projecting two (2) feet or less into a required yard, but in no case shall such eaves or gutters be closer than three (3) feet from the side lot line.
(4)
In rear yards: Detached off-street parking structures; open off-street parking spaces; accessory buildings; tool rooms; and, similar buildings or structures for domestic or agricultural storage, balconies, breezeways and open unroofed porches, one-story bay windows and overhanging eaves or gutters. All such permitted obstructions shall be a minimum of 5' from all property lines.
(5)
Nothing herein provided shall be construed as permitting any obstruction to view that may constitute a traffic hazard. On the contrary, it shall be unlawful for any person to erect or place or cause to be erected or replaced [placed] on any property under his control any hedge, tree, shrub, or other growth or any fence or other structure in such manner or at such location as to constitute an obstruction to view creating a traffic hazard. On corners, or on street curves of more than sixty (60) degrees, when doubt may exist regarding sight obstructions, the approval of the supervisor, street department, and building inspector [is required]. No obstructions of any kind shall be placed within twenty (20) feet of any corner or street curves of more than sixty (60) degrees.
(f)
Off-street parking regulations.
If a zoning district requires specific off-street parking regulations, then those regulations shall apply to that zoning district. Otherwise, off-street parking shall be provided, as appropriate, according to the following:
(1)
On any lot used for detached single-family residences, there shall be provided at least two (2) vehicle parking spaces of not less than two hundred (200) square feet each and spaces shall be in conformance with off-street construction standards.
(2)
No parking space shall occupy any part of the required front yard of a nonresidential use in a residential district.
(g)
More restrictive uses in less restrictive use districts.
More restrictive uses shall be permitted in less restrictive use districts, subject to the limitations imposed elsewhere in this article. For example, a single-family detached dwelling is permitted in a multifamily district. In such cases, the regulations regarding density, height, lot area, living area, lot dimensions, yards, coverage, floor area ratio, open space, and parking which apply to the more restrictive use shall take precedence in the less restrictive use district, unless otherwise provided by specific district regulations contained elsewhere in this article. For example, a single-family detached dwelling located in a "MF-M" district must be located on a lot having an area of not less than six thousand (6,000) square feet.
(Ordinance O-02-2020, secs. 6-100–6-700, adopted 3/23/2020; 1997 Code, sec. 154.06)
(a)
Any use or structure, which does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use when:
(1)
Such use or structure was in existence and lawfully operating at the time of the passage of this article on March 9, 2020 and has since been in regular and continuous use; or
(2)
Such use or structure is a lawful use at the time of the adoption of any amendment to this article but by such amendment is placed in a district wherein such use is not otherwise permitted.
(b)
General.
(1)
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(2)
It is the intent of this article to allow nonconforming uses to continue, under regulations contained in this article, until the nonconforming uses are removed, however this article does not encourage the nonconforming uses to continue. Unless permitted in another section of this article, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed or altered.
(c)
Changing nonconforming use.
The board of zoning adjustment may approve the change of a nonconforming use of a building to another nonconforming use as long as the new use meets the same or more restrictive classification. Additionally, after approval by the board of zoning adjustment, when a nonconforming use is changed to a more restrictive nonconforming use, it shall not later be changed back to the less restrictive classification.
(d)
Extension of nonconforming uses.
(1)
A nonconforming use of a building may be extended throughout the building, provided:
(A)
No structural alteration may be made on or in the building except those required by law to reserve [preserve] such building in a structurally sound condition.
(B)
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
(2)
No nonconforming use within a building may be extended to occupy any land outside the building.
(3)
No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use.
(4)
In the case of existing manufactured home parks that are nonconforming, the number of manufactured homes may not be increased without conforming to the MH-1 district regulations of this article. If a manufactured home is removed from a district that does not allow manufactured homes, another manufactured home may not be placed on that lot.
(5)
For properties in existence at the time of the passing of this ordinance and in which the lot size or the dwelling size does not comply with the minimum sizes designated for each specific zoning district, the city council issues the city manager authority to make the determination to allow alterations to structures, including structural alterations and repairs, ensuring compliance with all other codes and regulations.
(e)
Termination of nonconforming uses.
The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:
(1)
When such use is discontinued or abandoned; discontinuance or abandonment shall be defined as follows:
(2)
When any provision of this article, or any other ordinance, or federal or state statute is violated with respect to a nonconforming use.
(3)
When a nonconforming use is changed to a conforming use by rezoning.
(4)
When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than fifty percent (50%) of its value.
(5)
When the right to maintain or operate a nonconforming use has been terminated by the board of zoning adjustment.
(Ordinance O-02-2020, sec. 7-100, adopted 3/23/2020; 1997 Code, sec. 154.07; Ordinance O-06-2022 adopted 8/8/2022)