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)
