ARTICLE 4. ZONING DISTRICTS AND ZONING MAP*

*Cross reference(s)--Overlay zones, Ch. 27, Art. 5; planned development zone districts, Ch. 27, Art. 6; subdivision of land, Ch. 27, Art. 7; annexations, Ch. 27, Art. 9; general development and performance standards, Ch. 27, § 10-1; design standards and development and requirements, Ch. 27, § 10-5; animal regulation, Ch. 27, § 10-6; appeals, waivers, and variances, Ch. 27, Art. 12; definitions, Ch. 27, Art.15.

----------

Sec. 4-1. General.

Sec. 4-2. Use/zone matrix.

Sec. 4-3. Zone districts and dimensional requirements.

Sec. 4-4. Rezone process.

Sec. 4-5. Special uses.

Sec. 4-6. Conditional uses.

Sec. 4-7. Submittal requirements for special and conditional uses.

Sec. 4-8. Criteria for review, recommendation, and approval of special and conditional uses.

Sec. 4-9. Maintenance of and amendments to special and conditional uses.

Sec. 4-10. Nonconforming use.

Sec. 4-11. Nonconforming situation.

Sec. 4-12. Zoning district map.

Sec. 4-1. General.

4-1-1 Purpose. The incorporated areas of the city are zoned and divided into appropriate districts. The purpose of the establishment of these districts is:

(a) To encourage the most appropriate use of land throughout the city and to ensure a logical and orderly growth and development of the physical elements of the city.

(b) To prevent scattered, haphazard, suburban growth and guide orderly transition between urban areas.

(c) To conserve and enhance economic, social and aesthetic property values.

(d) To protect and maintain the integrity and character of established neighborhoods.

(e) To facilitate adequate provision for transportation, water, sewage, schools, parks and other public and private facilities and services.

(f) To promote:

(1) The development of convenient and beneficial clusters of uses, including business and shopping facilities where satisfactory proof is made that the same are reasonably necessary and desirable for the public convenience and welfare;

(2) The mix of residential uses with business and commercial uses to foster economic and social benefits to the community and to property owners, and the increase of housing stock; and

(3) The viability of older residential, business and commercial areas of the city.

(g) To provide for adequate light and clean air.

(h) To aid in preventing congestion of traffic in the streets and public ways of the city.

(i) To protect against and prevent unduly offensive and/or injurious substances, conditions and operations.

(j) To secure safety from fire, panic and other dangers.

(k) To protect and promote the public health, safety and welfare in general.

4-1-2 Requirements. The applicable provisions, guidelines, requirements, procedures and definitions of this code shall apply to each zone district in addition to the same as set forth in an individual district as described in sections 4-3-1 through 4-3-16.

The existence of a specific zone district in a particular location shall not be considered an acceptable criteria for expanding that district. Expansion of existing zone districts shall be evaluated only on the basis of the criteria specified for rezoning in this article (see section 4-4-4).

4-1-3 Single-/two-family residential zones.

(a) Only one (1) principal structure shall be allowed per parcel of land, except in EN-1 and EN-2 districts that allow a duplex, where two (2) separate principal structures (each with a single residential unit) shall be allowed. Where separate principal structures or duplexes are proposed, they shall be reviewed through the special use process (see section 4-5) and meet the adopted design guidelines. (Ord. No. O-2005-41, § 2, 1-3-06)

4-1-4 Multifamily residential zones.

(a) No minimum lot area is required in these zones.

(b) More than one (1) principal structure may be allowed per parcel if the development proposal receives site plan approval (see section 8-3-1(i), Building permit submittal requirements). Multiple structures on single parcels shall be sited to facilitate future subdivision of the parcel for each structure.

(c) A parcel in these zones may be platted to permit the construction of attached townhouse or condominium units which may be under separate ownership.

4-1-5 Trade zones.

(a) More than one (1) business, commercial or industrial principal structure may be allowed per parcel if the development proposal receives a site specific development plan approval (see section 8-3-1(f), Building permit submittal requirements). Multiple structures on single parcels shall be sited to facilitate future subdivision of the parcel for each structure.

4-1-6 Mixed uses.

(a) Residential units may be located within a structure with business uses in the Central Business District (CB) and with commercial uses in the Light Commercial District (LC) (see section 10-1-14 for specific development and performance standards, and section 10-1-12 for custodial residences).

(b) Any mixed use development shall strictly comply with adopted fire and building codes. It is recommended that proponents of mixed use development discuss the proposal with the staff (see section 2-3-2(a)).

4-1-7 Planned development zones. Flexibility in the mixture of permitted uses, dimensional requirements and development and performance standards may be proposed and considered through the use of planned development districts as set forth in Article 6.

4-1-8 Overlay zones. Unique or special areas of the community may be identified through the adoption by the city council of an overlay zone(s) (see definition) for those areas, setting forth additional requirements, limitations, and/or development/performance standards for uses/development within the zone district(s) under the overlay zone. Article 5 sets forth existing overlay zones.

4-1-9 Zoning relationship to subdivision.

(a) The standards and requirements of Article 7 (Subdivision of land) shall apply to the subdivision of land in all zones.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 4-2. Use/zone matrix.

4-2-1 Use of the matrix. The use/zone matrix, figure 4-2-7, shall be used to determine the types of uses allowed or permitted within the various zone districts (not including planned development districts) and to identify the type of process required for establishment of that use. To establish the status of a use within a zone district, find the use in the left-hand column and the zone district across the top of the page. Follow both columns to the point of intersection and identify the status by the following:

(a) A blank space indicates that the use is not allowed or permitted in that zone under any circumstances.

(b) An "A" in the space indicates the use is allowed by right within the context of the requirements of that zone, as delineated in section 4-3, and may be processed for a building permit, if required, as established in Article 8.

(c) An "S" in the space indicates a preapproved use within the context of the requirements of that zone, as delineated in section 4-3, and in addition is subject to processing and approval under special use requirements (see section 4-5).

(d) A "C" in the space indicates that the use is not a use by right and shall be subject to processing and approval under the conditional use requirements (see section 4-6).

4-2-2 Special and conditional uses. These uses shall be reviewed and permitted through the required process delineated in section 4-5 or 4-6.

4-2-3 Explanation of uses. Uses listed on the matrix shall be considered general uses and shall be used within the context of the intent of this code. Uses are grouped into generalized categories of similar uses. The general categories are arranged in order of lightest to heaviest uses. Within the categories, the specific uses are arranged in alphabetical order.

(a) Uses listed on the matrix are principal uses. Accessory uses and structures shall have the same status in all zones as the principal use to which they are connected and shall be subject to the same requirements, limitations and criteria as the principal use, unless otherwise noted.

(b) Uses followed by an asterisk (*) and a number indicates that the following apply to that use.

*(1) Mobile homes shall be allowed only in approved mobile home parks or subdivisions.

New mobile home parks and new mobile home subdivisions, or expansions of existing mobile home parks and subdivisions, shall require a Planned Mobile Home Zone District (PMH) approval (see section 6-2-2 and definitions).

*(2) Factory built (F.B.) single-family units meeting uniform building codes are permitted wherever single-family residences are allowed or permitted by this code.

*(3) Outdoor sale of retail goods shall refer only to the sale of small items which may be readily loaded, unloaded and moved by car or truck (i.e., tapestries, pictures, throw rugs, jewelry, produce, artworks). Does not include sidewalk sales which are accessory to a principal use and occur on-site or in the abutting right-of-way.

*(4) In all zones, the city manager may approve a special event permit. The criteria used in evaluating requests shall be the same as for conditional use permits. Special event permits shall be issued for a period of time appropriate for the particular event and such permits are renewable if the city manager reasonably determines that there is a need by, or benefit to, the community.

4-2-4 Zone district character.

(a) Uses are allowed or permitted in a zone district on the basis of the character of a particular zone, the degree of compatibility between a use and that character, the desirability for proximity between uses, and the potential impact of a particular use on the intended character of a zone (as described for each zone district in Article 4) and other allowed or permitted uses within that zone.

(1) A use within a zone is designated "A" (allowed) when the use is determined to be completely in character with the intent of a particular zone district, compatible with other allowed uses, and where no adverse impacts are anticipated on other uses permitted within that zone. Allowed uses are subject to the requirements of that zone (see section 4-3).

(2) A use which is desirable in terms of proximity to the allowed uses within a particular zone district, il appropriately located and designed to provide similar architectural features and aesthetic treatment of exterior spaces resulting in compatibility with the allowed uses permitted within that zone, shall be a preapproved (see definition) use which requires a special ("S") review and development/performance approval when located within the zone, and which is subject to the requirements of that zone (see section 4-5).

(3) A use which may be of a different character from the intent of a particular zone district, has different architectural or aesthetic features, or performs in a different manner which may create undesirable impacts on the allowed and special uses permitted within that zone, but which may be very desirable in terms of proximity to these uses or locations within the community as a whole, shall be considered a conditional ("C") use within the zone district subject to requirements, review, a public hearing, and approval (see section 4-6). 4-2-5 Uses not mentioned No use shall be allowed or permitted, nor shall a building permit be issued, for a use not specifically mentioned or described within the list of uses itemized in the use/zone matrix (see figure 4-2-7). Placement of such unmentioned uses shall require an approval of a text amendment in accordance with Article 13.

(a) The administrator shall make a determination when a use can reasonably be interpreted to fit into a use category where like or similar uses are described. Interpretations made by the administrator may be ratified by the planning commission at a regularly scheduled meeting.

4-2-6 Locally undesirable land uses. The matrix categorizes a group of uses which, in general, are not appropriate within the municipal boundaries of the city. If any such use is desired, a conditional use review and procedure (see section 4-6) may be initiated to consider that use and the proposed location. An approval does not create a right for a similar use in that zone or any other zone.

4-2-7 Use/zone matrix figure. Uses permitted within the zone districts established in section 4-3 are illustrated in a matrix format on the following pages. The matrix indicates within which districts a particular use is allowed, permitted, or not permitted and, if permitted, whether the use is an allowed, special, or conditional use (see section 4-2-4(a), Zone district character).

Use/Zone Matrix Figure

Legend: Blank = Use not permitted

A = Allowed use (see zone requirements in section 4-3) and subject to general regulations (Article 10), and requirements for a building permit (Article 8). Within the River Corridor Overlay Zone, all uses designated as allowed (A) uses require a special use permit (S).

S = Special use (see zone requirements in section 4-3) and subject to the issuance of a special use permit (section 4-5), general regulations (Article 10) and requirements for a building permit (Article 8).

C = Conditional use (see zone requirements in section 4-3) and subject to the issuance of a conditional use permit (section 4-6), general regulations (Article 10) and requirements for a building permit (Article 8).

Use/Zone Matrix Figure

 

ZONES

USES

R

RS R

RS 4

RS 5

RST 8

RM 10

RM 16

RM 24

RM 32

RM 42

NB

CB

PK

LC

HC

I

PB

RESIDENTIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMATEUR RADIO ANTENNA SYSTEM (not exceeding 72 feet in height)

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

CUSTODIAL RESIDENCE (see section 10-1-12)

 

 

 

 

 

 

 

 

 

 

S

S

 

S

S

S

S

GROUP RESIDENCES--Dormitory, sorority, fraternity, lodging, boarding or rooming house where 3 or more rooms are used on a nontransient basis

 

 

 

 

C

A

A

A

A

A

 

S

 

S

 

 

S

HOME OCCUPATION (see section 10-1-12)

S

S

S

S

S

S

S

S

S

S

S

S

 

S

 

 

S

MULTIFAMILY RESIDENCES

 

 

 

 

 

S

S

S

S

S

S

S

 

C

 

 

C

RESIDENTIAL BUSINESS (see section 10-1-15)

 

 

 

C

C

C

C

C

C

 

 

 

 

 

 

 

 

RESIDENTIAL MIXED USES (see sections 4-1-6 and 10-1-13)

 

 

 

 

 

 

 

 

 

 

S

S

 

  

C

 

 

C

SINGLE-FAMILY RESIDENCES*(1) *(2) (see section 4-2-3(b))

A

A

A

A

A

A

A

A

A

A

 

S

 

S

 

 

A

TWO-FAMILY RESIDENCES

 

 

 

 

S

A

A

A

A

A

S

S

 

S

 

 

C

COMMUNITY FACILITY--PUBLIC OR PRIVATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AIRSTRIPS

C

C

 

 

 

 

 

 

 

 

 

 

 

 

C

C

C

BOARDING SCHOOLS

 

C

 

 

C

S

S

S

S

S

 

S

 

 

 

 

C

BUS/COMMUTER/TAXI STOPS

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

CEMETERIES

A

A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

CHURCHES

S

S

S

S

S

S

S

S

S

S

 

S

 

S

 

 

 

COLLEGES/UNIVERSITIES

 

C

 

 

 

 

 

C

C

C

 

C

 

 

 

 

A

COMMUNITY ACTIVITY BUILDINGS/MEMBERSHIP CLUBS

 

C

 

 

C

S

S

S

S

S

C

A

 

A

 

 

A

CONVENTION FACILITIES

 

 

 

 

 

 

 

 

 

 

 

C

 

C

 

 

C

CREMATORIES

C

 

 

 

 

 

 

 

 

 

 

 

 

 

C

S

S

CULTURAL/EDUCATIONAL/RECREATIONAL FACILITIES--Museums, art centers, libraries, ball parks and recreational halls

 

C

C

C

C

S

S

S

S

S

C

A

 

A

 

 

S

FINE ART SCHOOLS

 

S

 

C

C

S

S

S

S

S

S

A

 

A

 

 

A

FIRE/POLICE/RESCUE/EMERGENCY STATIONS AND SERVICES

 

 

 

 

C

 

C

C

C

C

S

S

 

S

S

A

A

FUNERAL HOMES/MORTUARIES (may have crematories as an accessory use)

 

 

 

 

C

 

C

C

C

C

 

 

 

S

C

 

A

GOLF COURSES/GOLF DRIVING RANGES

C

A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

HELIPADS

C

C

 

 

 

 

C

C

C

C

 

 

 

 

C

C

C

HELIPORTS

C

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

C
PARKING GARAGE STRUCTURE                       C C C S   C
PARKING GARAGE, SUBTERRANEAN AND GROUND LEVEL STRUCTURED                       S S S S   C

PARKING GARAGES

 

 

 

 

 

 

 

 

 

 

 

C

C

C

S

 

C

PARKS/LAKES/RESERVOIRS

S

A

A

A

A

A

A

A

A

A

 

A

 

S

C

S

A

PUBLIC UTILITY FACILITIES

C

C

C

C

C

C

C

C

C

C

 

 

 

C

C

S

C

RACETRACKS/DRAG STRIPS

 

C

 

 

 

 

 

 

 

 

 

 

 

S

 

S

C

RELIGIOUS/PHILANTHROPIC INSTITUTIONS/FACILITIES

C

C

 

 

C

C

C

C

C

C

C

S

 

S

 

 

RODEO ARENAS/COMMERCIAL STABLES/RIDING ACADEMIES/RELATED FACILITIES

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

SCHOOLS

 

S

S

S

S

S

S

S

S

S

S

S

 

 

 

 

S

SHOOTING RANGES

C

C

 

 

 

 

 

 

 

 

 

C

 

C

C

S

C

SWIMMING POOLS

 

S

 

 

 

S

S

S

S

S

 

S

 

S

 

 

C

TRANSMISSION LINES

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

TRANSPORTATION FACILITIES--Bus, taxi or R.R. depot or similar use

 

 

 

 

 

 

 

 

 

 

 

A

 

S

A

A

A

UTILITY SERVICE LINES

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

VOCATIONAL/TECHNICAL/SPECIALTY SCHOOLS

 

C

 

 

 

 

 

 

 

 

S

A

 

A

S

A

A

ZOOS

 

C

 

 

 

 

 

 

 

 

 

 

 

S

 

 

C

HUMAN CARE/TREATMENT FACILITY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
ADULT DAY CARE   S C C C S S S S S S S   S     S
ASSISTED CARE FACILITY S S C C C S S S S S             A

CLINICS/COUNSELING CENTERS

 

 

 

 

 

S

S

C

C

C

C

A

 

A

S

 

A

DAY CARE CENTERS/NURSERY SCHOOLS/PRESCHOOL--12 attendees or less

S

S

S

S

S

S

S

S

S

S

S

C

 

C

 

 

S

DAY CARE CENTERS/NURSERY SCHOOLS/PRESCHOOL/EARLY LEARNING CENTERS--Over 12 attendees

 

S

C

C

S

S

S

S

S

S

S

C

 

C

C

C

S

FAMILY FOSTER HOMES (see definitions)

A

A

A

A

A

A

A

A

A

A

S

S

 

 

 

 

A

HOSPITALS/MENTAL HOSPITALS

 

 

 

 

 

 

 

S

S

S

 

 

 

C

 

 

S

JAILS/HONOR CAMPS/REFORMATORIES

 

C

 

 

 

 

 

 

 

 

 

 

 

 

C

 

C

LAW ENFORCEMENT REHABILITATION CENTERS

 

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

PHYSICAL AND MENTAL REHABILITATION CENTERS

 

C

 

 

 

 

 

C

C

C

 

 

 

 

 

 

S

RESIDENTIAL GROUP HOMES/RECEIVING HOMES/CARE FACILITIES (see definitions)

A

A

A

A

A

A

A

A

A

A

 

 

 

 

 

 

A

REST HOMES/NURSING HOMES/SANITARIUMS/CONVALESCENT FACILITIES (clinics and pharmacies as accessory uses)/ORPHANAGES

 

C

 

 

 

 

C

C

C

C

 

 

 

 

 

 

C

SAFEHOUSES

S

S

S

S

S

S

A

A

A

A

 

A

 

A

 

 

S

SHELTERS

 

C

 

 

C

C

C

C

C

S

 

C

 

C

 

 

C
URGENT CARE                       C   S     S

SERVICE BUSINESS--LIMITED, INSIDE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completely enclosed buildings or offices for providing services including personal care, repair, cleaning/laundromats, homeowner/contractor small equipment rentals, catering, alterations, communication, neighborhood service offices, but excluding service businesses listed elsewhere in this matrix. Also see "Drive-thru" uses.

 

 

 

 

 

 

 

 

 

 

C

A

 

A

S

A

S

FINANCIAL INSTITUTIONS

 

 

 

 

 

 

 

 

 

 

C

A

 

A

S

 

 

INFORMATION KIOSKS

 

 

 

 

 

 

S

S

S

S

S

S

S

S

S

S

S
MORTGAGE COMPANY                     S A   A S    
PERSONAL SERVICE SHOP                     S A   A S    

PROFESSIONAL/GOVERNMENT OFFICES

 

 

 

 

 

 

 

 

 

 

C

A

 

A

S

A

S
REAL ESTATE OFFICE                       S   A S    
TEMPORARY OFFICE STRUCTURE                       S   S S S S

RETAIL BUSINESS--LIMITED, INSIDE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completely enclosed buildings or stores (including shopping centers) for displaying, storing and selling of new and used goods, wares, merchandise and equipment of all descriptions and associated repair, including tailor shops and light copy/printing establishments, but excluding retail businesses listed elsewhere in this matrix. Also see "Drive-thru" uses.

 

 

 

 

 

 

 

 

 

 

A

A

 

A

S

A

S

RETAIL BUSINESSES, which includes light manufacturing or production on site

 

 

 

 

 

 

 

 

 

 

C

S

 

S

S

A

 

TEMPORARY SALES STRUCTURES (seasonal and includes services)

 

 

 

 

 

 

 

 

 

 

C

S

 

S

S

S

S

PARKING LOTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Open area for the purpose of parking vehicles of employees, customers off site, or for storage and/or rental of vehicles (see sections 4-3-12 and 10-2)

 

 

 

 

 

 

 

 

 

 

 

S

S

S

S

S

S

COMMERCIAL RESIDENCE--TRANSIENT/NONTRANSIENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BED AND BREAKFAST ESTABLISHMENTS/TOURIST HOMES

C

C

 

 

C

C

S

S

S

S

S

A

 

A

 

 

C

GUEST RANCHES

C

C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

HOTELS/MOTELS

 

 

 

 

 

 

 

 

 

 

 

A

 

A

 

 

S

RESIDENTIAL HOTELS/HOSTELS

 

 

 

 

 

 

 

C

S

S

C

A

 

A

 

 

C

VACATION HOME RENTALS

C

C

 

 

C

C

S

S

S

S

S

S

 

S

 

 

C

RESTAURANT BUSINESS--LIMITED. Establishments serving the dining needs of persons, including outdoor dining areas and drive-in service but does not include drive-thru service. (See "Drive-thru" service elsewhere in this matrix.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAFES/DELICATESSENS

 

 

 

 

 

 

 

C

C

C

C

A

 

A

S

A

S

RESTAURANTS/CAFETERIAS

 

 

 

 

 

 

 

 

 

 

C

A

 

A

S

S

S

RESEARCH/ASSEMBLAGE/MANUFACTURING BUSINESS; FABRICATION AND ASSEMBLY, OR SUBASSEMBLIES, OF FINISHED PRODUCTS--LIMITED, INSIDE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Uses which can be completely contained within enclosed buildings whose location and architectural features present a desirable appearance and compatibility can be maintained with other adjacent uses.

 

C

 

 

 

 

 

 

 

C

C

S

 

A

A

A

S

MAJOR OFFICES PROVIDING ADMINISTRATIVE, MANAGEMENT, CLERICAL OR SALES SERVICES

 

 

 

 

 

 

 

 

 

 

 

A

 

A

S

A

C

MEDICAL/DENTAL/OPTICAL LABORATORIES

 

 

 

 

 

 

 

S

S

S

C

A

 

A

A

 

S

SCIENTIFIC OR RESEARCH LABORATORIES FOR INVESTIGATION, TESTING OR EXPERIMENTATION FOR PRODUCT DEVELOPMENT

 

C

 

 

 

 

 

 

 

C

C

C

 

C

S

A

C

AMUSEMENT BUSINESS--INSIDE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOWLING ALLEYS

 

 

 

 

 

 

 

 

 

 

 

A

 

A

C

 

S

ESTABLISHMENTS PRIMARILY SERVING ALCOHOLIC BEVERAGES