CHAPTER 16A. ZONING REGULATIONSCHAPTER 16A. ZONING REGULATIONS\Article 3. General Regulations

The Zoning Districts presented in this article are referred to as “Base Districts” because they establish the basic zoning regulations that apply to all properties classified in, or shown on, the Official Zoning Map as in that Zoning District. All land in the city has a Base District classification. Base District regulations control the types of uses allowed and the way in which uses, and buildings may be developed on a site. The Base District regulations are the default regulations - they always control unless expressly overridden by or pursuant to any applicable Overlay Zoning District regulations.

Districts will be divided as follows:

A.    Residential - SF15, SF, SFZ, TH, TF, MF4, MFA, MH;

B.    Commercial - HMC, OC, LC, HC;

C.    Industrial - LI, HI;

A.    Boundaries of the zoning districts set out in Section 300 are hereby established as shown on the map designated as the official zoning map. The map and all the notations, references and information shown thereon are hereby made as much a part of this chapter as if the same were set forth in full herein. It shall be the duty of the city clerk to keep in file in his or her office an authentic copy of the map, all charges, amendments or additions thereto, and duplicate copies thereof shall be kept on file in the zoning office.

B.    When definite distances in feet are not shown on the zoning district map, the district boundaries are intended to be along existing street, alley, or platted lot lines or extension of the same, and if the exact location of such line is not clear, it shall be determined by the zoning administrator, due consideration being given to location as indicated by the scale of the zoning district map.

C.    When the streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the zoning administrator may apply the district designations on the map to the streets and alleys on the ground in such manner as to conform to the intent and purpose of the zoning regulations.

D.    While both ordinances may be published on the same day, the annexation ordinance must be published first if they are published on separate days.

E.    All land hereafter annexed shall be classified as SF15, SF or SFZ, as designated by the annexation ordinance. The property owner, Planning Commission or governing body may file an application initiating a request for a change in zoning classification to any other district and/or for a conditional use. Such changes may be considered during the process of annexation. While the Planning Commission may hold the required public hearing on a rezoning change or conditional use application prior to annexation, the effectuating ordinance for the zone change or conditional use cannot be published until the land is first annexed into the city. While a zone change or conditional use ordinance and annexation ordinance may be published on the same day, the annexation ordinance must be published first if they are published on separate days. Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of such street, alley or public way shall automatically extend to the center of such vacation and all the area included in this vacation shall then and thenceforth be subject to all regulations of the extended district.

The boundaries of the districts are, unless otherwise indicated, the centerline of streets and alleys.

The rules and regulations governing all zoning districts in the city shall be as follows:

A.    Except as specifically noted in this article, the type of construction permitted will be governed by the building codes duly adopted and in use in the city.

B.    No yard, court or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be diminished in any way or again used, in whole or in part, as a yard, court or other open space for another building.

C.    Except as hereinafter provided:

1.    No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered for use, nor shall any building or structure or land to be used or changed in use to not comply with all of the district regulations established by this chapter for the district in which the building, structure or land is located, except as noted in Article 6.

2.    The yard regulations and the lot area provisions required by this chapter shall be considered minimum regulations for each and every building or structure existing at the time of the effective date of this chapter for any building or structure hereafter erected or structurally altered. No land required for yards or for lot area provisions now in use for an existing building or structure hereafter erected or structurally altered shall be considered as a minimum for a yard or lot area for any other building or structure.

3.    Every building or structure hereafter erected, enlarged or converted to a use which requires off-street parking shall provide garage space or parking space in compliance with all of the district regulations established by this chapter for the district in which the building or structure is located.

4.    Every building or structure hereafter erected, enlarged or converted for commercial or industrial purposes, shall provide reasonable facilities for the loading or unloading of goods in compliance with all the district regulations established by this chapter for the district in which the building, structure or land is located.

D.    Offices, sheds, warehouses and open-air storages used by building contractors in connection with the building of a principal building or the development of an area, may be erected and used in any district; provided, that they shall be removed from the premises within 10 days after substantial completion of the project or unusual suspension of work, or upon permit expiration, whichever is the earlier date. (See Section 704 for permit procedure.)

E.    It shall be unlawful to remove minerals from the ground except in “HI” Heavy Industrial Districts (excluding water).

F.    It shall be unlawful to use a manufactured home as a dwelling structure or habitation except in “MH” Manufactured Home Parks or Subdivisions and in compliance with all the regulations and requirements contained in the current ordinance regulating manufactured homes in Section 408.

G.    The required front and side yard areas shall be landscaped and maintained in good condition.

H.    Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

I.     Setbacks

1.    Where there are though lots, front yard requirements shall apply to both streets.

2.    No portion of any buildings shall not be located in any platted or recorded easement or alley.

3.    When recorded plats show setbacks greater than the minimum setback requirements - the greater setbacks shall be used.

4.    A side yard setback of 25 feet shall be provided for all schools, libraries, churches, community houses and other public and semi-public buildings on the side of the lot adjoining another building site.

J.     No part of any structure, including a wind energy conversion system, may project through the plane defining maximum height, except for the following structures:

1.    Chimneys, flues, stacks, fire escapes, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.

2.    Flagpoles, steeples, bell towers, carillons, monuments, and cupolas.

3.    Wireless communication facilities must be in accordance with Appendix section: Wireless Communications.

(Ord. 1121)

A.    Accessory Uses and Structures. Are permitted in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations.

1.    Must meet district accessory setback requirements.

2.    Can only be located in the side or rear yards.

3.    Shall not be located closer than three feet from the primary structure.

4.    If an existing detached accessory structure conforms to current code and meets setback requirements a permit may be approved for additional construction.

5.    Shall not encroach on any easement and may not block drainage.

B.    Allowed Accessory Structure Location by District.

1.    SF15 - Side and/or rear yard.

2.    SF - Side and/or rear yard.

3.    SFZ - Rear yard.

4.    TH - Rear yard, only two accessory structures are allowed, 5 feet setback from side/rear lot line.

5.    TF, MF4, MFA - Rear yard.

6.    MH - Side and/or rear yard, 3 feet setback from the side or rear lot line.

7.    HMC, OC - Rear yard.

8.    LC & HC - Side and/or rear yard.

9.    LI & HI - Side and/or rear yard.

(Ord. 1121)