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Editor’s note–This chapter consists of the zoning ordinance previously published as chapter 98 in the 2008 Code of Ordinances. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended section. Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as published in the 2008 Code. Any other material added for purposes of clarification is enclosed in brackets.
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. The word “building” includes the word “structure” and the word “lot” includes the word “plot.”
Accessory
means a subordinate use or building customarily incident to and located on the same lot with the main use or building.
Accessory building
means a small detached building such as a garage, servant’s house, conservatory or storehouse used in connection with the main building and located upon the same lot as the main building.
Alley
means a public thoroughfare not over 20 feet in width.
Apartment
means a room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.
Apartment house
means a building or portion thereof containing three or more apartments.
Automobile trailer or house car
means any vehicle used as sleeping or living quarters mounted on wheels or intended to be mounted on wheels for transportation.
Automobile trailer or house car park or camp
means any plot of ground where accommodation is provided for one or more automobile trailers or house cars used as living or sleeping quarters.
Automobile wrecking yard
means an open area used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled cars or wrecked cars or their parts.
Boarding house
means a building other than a hotel where lodging and meals for five or more persons are served for compensation.
Building lines
means the lines formed by the intersection of the outer face of the enclosing wall of a building with the surface of the ground and located as prescribed by this chapter.
Depth of lot
means the mean horizontal distance between the front and rear lot lines.
Depth of rear yard
means the horizontal distance between the rear line of the main building and the center of an alley where an alley exists, or otherwise the rear lot line.
District
means a section of the city for which the regulations governing the areas, heights or uses of buildings or lots are uniform.
Dwelling or dwelling unit
means a house, building, or structure, or part of a house, building or structure, designed or intended for occupancy as a separate housekeeping unit, including space for sleeping, for eating, and for the preparation of food.
Family
means a any number of individuals living together as a single housekeeping unit.
Fractional lot
means a portion of a lot that has been sold off of a corner lot and having the side line of an adjacent lot as its rear line and rear line of the remainder of the corner lot as a side line.
Front lot line.
On interior lots, the front lot line is the line of the lot adjacent to the street. On corner lots it is the prolongation of the front lot line of an adjacent interior lot. In cases where a corner lot may face on either of two streets, the setback shall conform to the requirements of the street faced, and the setback on the other street shall be not less than 15 feet.
Front street line
means the front lot line.
Front yard
means an open unoccupied space on the same lot with a building, and between the building and the front line of the lot.
Height of a building
means the vertical distance between the established grade line at the street lot line and the highest point of the roof’s surface if a flat surface, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for hip and gable roofs. If there is no established grade line at the street lot line then the measurement shall be taken from the average natural ground level. In measuring the height of a building the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes, spires, signs, and parapet walls not exceeding four feet in height.
Hotel
means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which, as a rule, the rooms are occupied simply for hire and in which there are more than 12 sleeping rooms.
HUD-code manufactured home
means a structure constructed on or after June 15, 1976, according to the rules of the United States 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 or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which 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 plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).
Interior lot
means a lot bounded by lots on two or more sides.
Lodging house
means a building other than a hotel where lodging for five or more persons is provided for compensation.
Lot
means land occupied or to be occupied by a building and its accessory buildings, and including such yards as are required under this chapter, and having its principal frontage upon a public street or officially approved place.
Lot, corner,
means a lot situated at the junction of two or more streets.
Lot lines
means the lines bounding a lot.
Main building
means the principal building or structure on a lot, including all attachments thereto which are connected to it.
Modular home
means a dwelling unit in which more than 50 percent of the structure is constructed at a site other than the permanent location site, brought to its permanent location site in modules and set on a permanent foundation, and which was not originally designed or constructed to be towed on a chassis over and supported by wheels by a motor vehicle over public roads. A modular home must comply in all respects with the building code, electrical code and plumbing code of the city.
Multiple-family dwelling, multiple-family dwelling unit, multifamily dwelling, or multifamily dwelling unit
means a building or group of buildings having separate accommodations for and occupied as a dwelling by three or more separate families, and includes a short-term rental when one or more of the dwellings is used as a short-term rental.
Nonconforming use
means a building or premises occupied by or devoted to a use that does not conform to the regulations of the use district in which it is situated.
One-family dwelling
means a detached building having accommodations for and occupied by one family and may include a short-term rental.
Place
means an open unoccupied space reserved for purposes of access to abutting property.
Private garage
means a garage with a capacity for not more than four motor-driven vehicles, for storage only, for private use, and in which not more than one space shall be rented to persons not occupants of the premises. In an apartment district, a private garage may provide space for the storage of two motor-driven vehicles for each apartment for which the building is arranged or designed.
Professional person
means the following and no others: accountant, adjuster, appraiser, decorator, dentist, doctor, lawyer, architect, engineer, photographer.
Public garage
means any premises used for the storage of, housing or care of motor-driven vehicles, where such vehicles are equipped for operation and/or repaired and/or kept for remuneration, hire or sale.
Rear lot line
means the line of the lot opposite the front lot line.
Rear yard
means a space unoccupied except by a building of accessory use as permitted by this chapter, extending the full width of the lot between the main building and the rear lot line. Where there is an alley, the depth of the rear yard may be measured from the center of the alley.
Servants’ quarters
means an accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
Short-term rental.
A residential dwelling unit or portion thereof that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days.
Side line
means any lot line not a front line or rear line.
Side yard
means an open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as a part of the side yard.
Story
means that portion of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between such floor and the ceiling.
Story, half,
means an attic under a gabled or hipped roof having wall plates not more than two feet above the finished floor of such half story.
Street
means a public thoroughfare more than 20 feet wide.
Structural alteration
means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
Tourist camp
means a building or group of buildings designed, arranged or used for temporary occupancy by persons traveling by automobile and having accommodations for housing or parking the automobile in close proximity to the quarters occupied by the owner of the automobile, and providing for three or more of such quarters.
Two-family dwelling or two-family dwelling unit
means a detached building having separate accommodations for and occupied as a dwelling by two families, and includes a short-term rental when as [sic] one or both of the dwellings is used as a short-term rental.
Used car sales area
means an open area used for the display and sale of used automobiles and where no repair work is done.
Width of side yard
means the horizontal distance between the main building and the side line of the lot.
(Ordinance 443, sec. XXV, adopted 11/16/59; Ordinance 748, sec. 1, adopted 2/7/83; 2008 Code, sec. 98-1; Ordinance 1237 adopted 11/19/2024)
(a) 
Any person who shall violate any of the provisions of this chapter or who shall fail to comply with any of the provisions of this chapter or who shall build, alter or occupy any building in violation of any statement or plan submitted and approved under this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined as provided in section 1.01.009. Each day such violation shall be continued or shall be allowed to continue to exist shall constitute a separate offense.
(b) 
In addition to the remedies provided for in subsection (a) of this section, the building official may, in case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
(Ordinance 443, sec. XIX, adopted 11/16/59; 2008 Code, sec. 98-2)
The zoning regulations and districts as established in this chapter have been prepared in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the inhabitants of the city, and have been made with consideration to the character of the respective districts and the peculiar suitability of each for particular uses with the view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city, and best promoting the health, safety, morals and general welfare of its inhabitants.
(Ordinance 443, sec. I, adopted 11/16/59; 2008 Code, sec. 98-3)
(a) 
No buildings or structures shall be erected, constructed, reconstructed or structurally altered except in conformity with the regulations prescribed in this chapter for the district in which such building or structure is situated; nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure, or land is situated.
(b) 
No building or structure shall be erected, constructed, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit established in this chapter for the district in which such building or structure is situated.
(c) 
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed in this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations established in this chapter. Side yard areas used to comply with minimum requirements of this chapter for a building shall not be included as a part of the required areas of any other building. In computing lot areas for dwellings and apartments, five feet of the east-west alleys in the original townsite of the city may be included as a side yard to the abutting property.
(Ordinance 443, sec. IV(A)-(C), adopted 11/16/59; Ordinance 451, sec. 1, adopted 11/8/60; 2008 Code, sec. 98-5)
(a) 
(Reserved)
(b) 
Minimum standards.
Each house, building, or structure, or part of a house, building or structure, hereafter constructed, erected, established, or altered in the city containing or to contain one or more dwelling units shall conform to the following standards, which are deemed to be the minimum standards necessary for the health and general welfare of the people:
(1) 
Minimum area.
Each such dwelling unit shall contain a minimum area in each zone as follows:
(A) 
Zone A: 900 square feet, permanently enclosed and roofed.
(B) 
Zone B: 700 square feet, permanently enclosed and roofed.
(C) 
Zone C: 500 square feet, permanently enclosed and roofed.
(D) 
Zones D through I: 400 square feet, permanently enclosed and roofed.
(E) 
Zone J and all others: No requirement.
(2) 
Architectural control.
No building shall be erected, placed, or altered on any lot unless the quality of workmanship and materials and similarity of external design is essentially in harmony with the general construction and appearance of buildings already existing in the same general area.
(3) 
Nuisances.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
(4) 
Use of temporary structure or outbuilding as residence.
No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent.
(c) 
Issuance of building permits.
No building permit shall be issued involving the construction, erection, establishment, or alteration of a house, building, or structure, or part of a house, building, or structure, containing or to contain one or more such dwelling units unless plans, specifications, or a written statement of the applicant accompany the application for such permit showing that the requirements of this chapter are to be complied with.
(d) 
Issuance of certificates of occupancy.
No certificate of occupancy shall be issued authorizing the occupancy of any house, building, or structure, or part of a house, building or structure, containing such a dwelling unit, unless and until each and every requirement of subsection (b) of this section has been complied with.
(e) 
Unlawful construction.
It shall be unlawful for any person to cause to be constructed, erected, established or altered any house, building, or structure, or part of any house, building or structure, containing or to contain any such dwelling unit, or to perform or assist in the performance of any such construction, establishment, erection, or alteration, unless the requirements of subsection (b) of this section are complied with.
(f) 
Unlawful occupation.
It shall be unlawful for the owner, or any agent or representative of the owner, of any house, building, or structure, or part of any house, building, or structure, hereafter erected, constructed or altered, and containing such dwelling unit, to occupy such house, building or structure, or part of such house building or structure, or cause or permit it to be occupied, or for any other person to occupy it, unless the requirements of subsection (b) of this section have been complied with.
(Ordinance 443, sec. IV(D), adopted 11/16/59; 2008 Code, sec. 98-6; Ordinance 1237 adopted 11/19/2024)
(a) 
Nothing in this chapter shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the building official on the effective date of the ordinance from which this chapter is derived, and the construction of which in either case shall have been diligently prosecuted within one year of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans as filed within two years of the date of passage of the ordinance from which this chapter is derived.
(b) 
Nothing in this chapter shall prevent the restoration, reconstruction or improvement of a nonconforming building destroyed by fire, explosion, act of God, or act of a public enemy subsequent to the passage of the ordinance from which this chapter is derived, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided in this chapter, provided there is no increase in the square footage of floor space over that of the original structure and that such restoration, reconstruction, or improvement is started within a period of six months from the date of occurrence of the damage, and further provided that the setback requirements of the area are observed.
(Ordinance 443, sec. XXII, adopted 11/16/59; 2008 Code, sec. 98-7)