INDEX
A
Accessory Dwelling definition of, 3 103H
Accessory Use or Structure definition of, 6 100A; general requirements, 3 102H; permitted uses, zoning permit, 6 100B; bulk regulations, 6 100C; use limitations, 6 101D
Access to Business and Industrial District residential limitation, 3 103H
Adult Care Center definition of, 2 102
Adult Care Home definition of, 2 102; See also nursing or convalescent home, 2 102
Agreements, Private rules of interpretation for, 2 100C
Agriculture definition of, 2 102
Aircraft definition of, 2 102
Airport definition of, 2 102
Alley definition of, 2 102
Alteration, Structural definition of, 2 102; See structural alteration
Amateur Radio Operator See height, maximum for exemption, 2 102
Amendments general requirements, 11 100; proposed by, 11 100A; application, 11 100B; notice, 11 100D; hearing, conduct thereof, 11 100C and E; minutes, 11 100E4, 11 100F; table of comparability, 11 100E6, Appendix; voting, quorum, 11 100E4 and 7; hearing continued, 11 100E8 and 9; no quorum, 11 100E9; report on, 11 100F; change in text, 11 100G; change in district, factors, 11 100H; protest petition, 11 103; adoption by governing body, 11 104; judicial review, 11 106; See also project review, 11 102
Amusement Center definition of, video games, 2 102
Animal Hospital or Clinic definition of, 2 102
Animal or Fowl definition of agriculture, 2 102
Annexed Land zoning procedure, 3 103 I
Annual Community Event temporary permit, 6 101; annual celebration, carnival, circus, musical festival, 6 101A
Annual Review regulations, zoning administrator's master copy, 11 105
Antenna, Television and Radio See definition of height, maximum for exemptions, 2 102; accessory uses, 6 100B7
Apartment definition of, See dwelling, multiple family, 2 102
Appeal from Decision of Zoning Administrator general requirements,
10 106; time for, 10 106A; application, 10 106B; stay of proceedings, 10 106C; notice, 10 103; hearing, 10 106D; decision, 10 106E; See also board of zoning appeals
Assisted Living Facility definition of, 2 102
Auction Sign See real estate sign, 7 101A7
Automobile Service Station definition of, 2 102
Awning definition of, 2 102; permitted obstruction, 3 103F1
B
Basement definition of, 2 102
Bay Window permitted obstruction, 3 103F1
Bed and Breakfast Home definition of, home occupation, 2 102
Bed and Breakfast Inn definition of, 2 102
Billboard Sign state sign regulations, 7 100; advertising, 7 101A1
Board of Zoning Appeals meaning of, 2 101A11; planning commission designation, 10 100; general procedures, voting, 10 101; jurisdiction, 10 102; judicial review, 10 105
Boarding or Rooming House definition of, 2 102; home occupation, 6 102B3
Building definition of, 2 102
Building Setback definition of, See setback, building, proposed rights-of way, 2 102; platted, 3 103B
Bulk Regulations definition of, 2 102; general requirements, 3 102E; utility and communication facilities exemption, 3 103G; accessory uses, 6 100C
Business and Professional Office definition of, 2 102
C
Campground definition of, 2 102
Canopy definition of, 2 102; permitted obstruction, 3 103F1
Capacity in Persons definition of, 2 102
Carport definition of, 2 102; not permitted obstruction, 3 103F1; See also garage
Car Wash definition of, 2 102
Change in Ownership or Operator right to continue, 8 100
Change in Use nonconforming, 8 103H; zoning permits, 9 101A; occupancy certificates, 9 101B
Child Care Center definition of, See child care facilities, 2 102
Child Care Facilities definition of, 2 102
Chimney permitted obstruction, 3 103F1
Citizen Band Operator See height, maximum for exemption, 2 102
City Clerk duties, 9 100B
Common Lot Line Housing See dwelling, attached
Communication Structure See definition of height, maximum for exemptions, 2 102; lot size and bulk regulations exemption, 3 103G; accessory uses, 6 100B7
Conditional Use definition of, 2 102; general requirements, 3 102C; See also individual zoning districts for list of conditional uses, Article 4; status of existing or reclassified, 8 106; application, 10 108A; notice, 10 103; hearing, 10 108B; standards, 10 108C; conditions, 10 108D; decision, record, 10 108E; validity period, 10 108F; See also board of zoning appeals
Condominium definition of, 2 102; lot size requirements, 3 102D2; bulk regulations, 3 102E2
Construction Project contractor's office and storage, 6 101C
Contradictory Regulations rules of interpretation for, 2 100B
Corner Lot definition of, See lot, corner, 2 102
D
Damaged Structure or Use nonconforming, 8 102C, 8 103F
Day Care Home definition of, See child care facilities, 2 102
Daylight Window permitted obstruction, 3 103F1
Deck not permitted obstruction, 3 103F1
Deed Restriction rules of interpretation for, See private agreements, 2 100C
Density definition of, 2 102
Dental Clinic definition of, See medical, dental or health clinic, 2 102
Developer definition of, 2 102
District definition of, 2 102; See also zoning districts
Dog Kennel definition of, 2 102
Drive in Establishment definition of, 2 102
Dwelling definition of, 2 102
Dwelling, Attached definition of, common lot line housing, 2 102
Dwelling, Detached definition of, 2 102
Dwelling, Multiple Family definition of, 2 102
Dwelling, Single Family definition of, 2 102; See also dwelling, detached
Dwelling, Two Family definition of, 2 102; See also dwelling, attached
Dwelling Unit definition of, 2 102
E
Earth Sheltered Dwelling definition of, 2 102
Easement definition of, 2 102; dedication thereof, 3 103K, 9 101A2; construction on or over, 9 101A3
Eaves and Gutters permitted obstruction, 3 103F1
Effective Date amendments, 11 104; regulations, 12 101
Electric Transmission Line Tower See height, maximum for exemption, 2 102
Enforcement zoning administrator, city attorney, 9 102A; See also violations
Exception See conditional use
Exemptions from Regulations list of use exemptions, 3 100E
Existing or Reclassified Special or Conditional Uses status of, 8 106
F
Family definition of, 2 102
Family Day Care Home definition of, See child care facilities, 2 102
Fees fee schedule, 9 104
Fence definition of, 2 102; permitted obstruction, 3 103F 2 through 5; screening requirements, 3 104; zoning permit, 6 100B; See also wall
Firearms - home occupation definition, 6-102A
Fire Escapes permitted obstruction, 3 103F1
Fireworks zoning permit, 6 101; temporary use, 6 101H
Flagpole See definition of height, maximum for exemption, 2 102; permitted obstruction, 3 103F1
Floodplain Management Regulations regulations, See Appendix
Floor Area definition of, 2 102; required parking spaces, 5 101
Fraternal and Service Club definition of, 2 102
Frontage definition of, 2 102
Front Lot Line definition of, See lot line, front, 2 102
Front Yard definition of, See yard, front, corner lot, 2 102; average setback in existing residential, 3 103C
G
Garage, Private definition of, 2 102; not permitted obstruction,3 103F1; setback requirements for attached and detached, 5 100A4; zoning permit, 6 100B; accessory use, 6 100B1; bulk regulations, 6 100C; use limitations, 6 100D1; home occupation, 6 102B1
Garage, Repair definition of, 2 102
Garage Sale Sign right of way location, 7 102K; exemption, 7 103A5
Garage Sales frequency, 6 101F
Garden Store definition of, 2 102
Governing Body meaning of, 2 101A7; adoption of amendments, 11 104; regulations, 12 101; ordinance, Appendix
“Grandfather Clause” general, Article 8
Group Boarding Home definition of, See child care facilities, 2 102
Group Day Care Home definition of, See child care facilities, 2 102
Group Home definition of, 2 102; See also dwelling, single family
H
Hazardous Waste Facility definition of, 2 102
Health Clinic definition of, See medical, dental or health clinic, 2 102
Height, Maximum definition of, grade, exemptions for, 2 102
Home Occupation general requirements, 3 102J; authorization, zoning permit, 6 102; definition of, 6 102A; use limitations, 6 102B; permitted, 6 102C; prohibited, 6 102D; sign, 7 104A
Hotel definition of, 2 102
I
Ideological Signs exemption, 7 103A9
Interior Lot definition of, See lot, interior, 2 102
J K
Judicial Review court action, time limit, 11 106
Jurisdiction, Zoning See zoning jurisdiction, 1 103
L
Landscaping definition of, 2 102; screening and landscaping requirements, 3 104
Liability zoning administrator, 9 102B
Licensing Regulation rules of interpretation, 2 100E
Loading and Unloading See off-street loading and unloading
Lot definition of, See lot, zoning, 2 102
Lot Area definition of, 2 102
Lot Coverage definition of, 2 102
Lot Depth definition of, 2 102
Lot Line definition of, 2 102
Lot of Record definition of, 2 102; nonconforming, 8 100, 8 101
Lot, Reverse Frontage definition of, 2 102
Lot Size Requirements definition of, 2 102; general requirements, 3 102D; utility and communication facilities exemption, 3 103G
Lot Width definition of, 2 102
M
Manufactured Home or Mobile Home definitions of, 2 102; See also dwelling; replacement of, 3 103N 1 and 2; as storage or office, 3 103N; See also residential-design manufactured home
Manufactured Home Park definition of, 2 102; district, 4 103
Measurements measuring distances, 2 101A13
Medical Clinic definition of, See medical, dental or health clinic, 2 102
Microwave Transmitting and Relay Tower See definition of height, maximum, 2 102
Mini Storage Facility definition of, 2 102
Model Home sales office, 6 101C
Modular Home definition of, 2 102
Motel definition of, See hotel, 2 102
Moving Structure See structure
N
Nonconforming Lot of Record definition of, 2 102, 8 100A; residential districts, 8 101A; other districts, 8 101B
Nonconforming Structure definition of, 2 102, 8 100B; continuation, 8 103A; enlargement, repair or alteration, 8 102B; damage, 8 102C; moving, 8 102D; residential, 8 104; nonresidential, 8 105; registration, 8-107
Nonconforming Use definition of, 2 102, 8 100C; continuation, 8 103A; repair, 8 103B; alteration, 8 103C; extension, 8 103D; enlargement, 8 103E; damage, 8 103F; moving, 8 103G; change in use, 9 103H; abandonment, 8 103J; residential, 8 104; nonresidential, 8 105; registration, 8-107
Nursing or Convalescent Home definition of, 2 102
O
Obstructions Permitted in Yards permitted obstructions, 3 103F
Occupancy Certificate definition of, 2 102; compliance requirements, 9 101B; application, 9 101B1; completion and inspection, subdivision regulations requirements, 9 101B2a; issuance period, temporary, 9 101B2b
Off Street Loading and Unloading requirements, 5 103
Off Street Parking general requirements, 3 102G; general provisions for design, maintenance and plan approval, zoning permit, 5 100; handicapped parking, 5 100A5j; required spaces, 5 101; off-premises parking areas, 5 102
Open Land, Uses of compliance of, 3 100D
Ordinance effectuating, 11 104; incorporating regulations, Appendix
P Q
Parking Space See off street parking
Patio permitted obstruction, See also patio cover, 3 103F1
Penalties See violations
Permit, Existing Zoning effect on, 2 100F
Permitted Use definition of, 2 102; general requirements, 3 102A; See also individual zoning districts for list of permitted uses, Article 4
Person legal entities included, 2 101A5
Planning Commission meaning of, 2 101A9; adoption of regulations, 12 101
Political Sign exemption, 7 103A8
Porch not permitted obstruction, 3 103F1
Portable Sign regulations, 7 102L
Premises definition of, 2 102
Preschool definition of, See child care facilities, 2 102
Principal Structure definition of, 2 102
Principal Use definition of, 2 102
Private Club definition of, 2 102; See also fraternal or service club
Professional Office definition of, 2 102
Project Review public improvements, facilities, utilities, 11 102
Protest Petition filing, procedure, 11 103
Purpose of Zoning District See introductory paragraph for each district, Article 4
Purpose of Regulations purpose generally, 1 101
R
Real Estate Sign right of way location, 7 102K; exemption, 7 103B5
Rear Lot Line definition of, See lot line, rear, 2 102
Rear Yard definition of, See yard, rear, 2 102
Recreational Vehicle definition of, 2 102; storage of, camping trailers, motor homes, boats, 6 100B4
Recycling Center definition of small, large or processing, 2 102; accessory uses, 6 100B12; zoning permit, 6 101; temporary uses, 6 101G
Rehabilitation Home definition of, 2 102
Repair or Maintenance of Structure See definition of structural alteration, 2 102; alterations regulated, 3 100C; nonconforming, 8 102B, 8 103B
Residential Building definition of, 2 102
Residential Center definition of, 2 102
Residential Design Manufactured
Home definition of, restrictive covenants, 2 102; See also manufactured home or mobile home
Restaurant definition of, 2 102
Restrictive Covenant rules of interpretation for, See private agreements, 2 100C
Retail definition of, 2 102
Rezoning See amendments
Right of Way, Proposed See definition of setback, building, 2 102; dedication thereof, 3 103K, 9 101A2
Roof Structures See definition of height, maximum for exemptions, 2 102
Rooming House See boarding or rooming house
Rules of Word Construction definition of selected words, 2 101; undefined words and terms, 2 101C
S
Salvage Yard definition of, unlicensed or inoperative motor vehicles, 2 102
Satellite Dish Antenna zoning permit, 6 100B; requirements for, 6 100B6
Screening definition of, 2 102; requirements, 3 104
Seasonal Sales Christmas trees, 6 101B; farm produce, 6 101D; retail goods, 6 101E
Service Station definition of, See automobile service station, 2 102
Severability unconstitutionality, invalidity, 12 100
Sewer Facilities general requirement, 3 103J
Side Lot Line definition of, See lot line, side, 2 102
Side Yard definition of, See yard, side, 2 102
Sign definition of, 2 102; general requirements, 3 102K; functional classifications, 7 101A; structural types, 7 101B; general standards, 7 102; location on or over right of-way or easement, 7 102K; damaged or unsafe, 7 102M; exemptions, 7 103; district regulations, 7 104; home occupation, 7 104A
Sign of Governmental Body general exemption, also exempts school board, 7 103A1
Solar Equipment See definition of height, maximum for exemption, 2 102; accessory use, 6 100B6
Special Use definition of, 2 102; general requirements, 3 102B; See also individual zoning districts for list of special uses, Article 4; status of existing or reclassified, 8 106; general requirements, conditions, approval procedure, protest petition, 11 101; factors as guidelines, 11 100H; See also amendments and protest petitions
Statutory Authority applicable state statutes, 1 102
Storage, Outdoor definition of, 2 102; accessory use, 6 100B13; manufactured home or mobile home as storage structure, 3 103N3; See also individual zoning districts for use limitations
Storage Structure zoning permit, 6 100B; accessory use, 6 100B3; bulk regulations, 6 100C; use limitations, 6 100D1; home occupation, 6 102B1
Structure definition of, 2 102; moving, 3 100A, 3 103M; new, 3 100A; new uses, 3 100B, 8 103H; number of on a zoning lot, 3 103A; See also nonconforming structure and nonconforming use
Structural Alteration definition of, 2 102; compliance requirements, 3 100C
Swimming Pool accessory use, fencing, 6 100B8
T
Table of Comparability lesser changes, republication, renotification, special uses, 11 100E6, Appendix
Tavern definition of, 2 102
Temporary Use or Structure general requirements, 3 102I; temporary uses permitted, zoning permit, 6 101
Through Lot definition of, See lot, through, 2 102
U
Unlawful Uses status of, 2 100D
Unlicensed or Inoperative Motor
Vehicles See definition of salvage yard, 2 102
Use Regulations definition of, 2 102; use limitation, 3 102F; See also individual zoning districts for use limitations, Article 4
Uses open land, 3 100D; number of on a zoning lot, 3 103A
Utility exemptions, 3 100E1; lot size and bulk regulations,3 103G
V
Variance general requirements, use variance, 10 107; authorized, 10 107C; application, 10 107A; notice, 10 103; hearing, 10 107B; statutory findings of fact, 10 107D1; conclusions from evidence; 10 107D2; conditions, 10 107E; decision, record, 10 107F; validity period, 10 107G; See also board of zoning appeals
Vesting of Development Rights status of single family residential development, 2 100G
Veterinarian Clinic definition of, See animal hospital or clinic, 2 102
Video Games See amusement centers, 2 102
Violations penalties, 9 103A; remedies, 9 103B; flood plain, 9 103C
Vision Triangle definition of, central business district exception, 2 102; general requirements, 3 103 O
W X
Wall definition of fence, 2 102; permitted obstruction, 3 103F 2 through 5; decorative perimeter boundary and entryway to subdivision, 3 103F3; See also fence
Water Tower See definition of height, maximum for exemption, 2 102
Water Facilities general requirement, 3 103J
Wind Energy Conversion System See definition of height, maximum, 2 102; accessory use, 6 100B14
Window Well permitted obstruction, 3 103F1; See also daylight window
Wing Wall not permitted obstruction, 3 103F1
Y
Yard definition of,2 102; open land, 3 103D; general restrictions, 3 102E; permitted obstructions, 3 103F
Yard Sales frequency, 6 101F
Z
Zoning Administrator definition of, 2 102; duties, 9 100A; enforcement, 9 102A; liability, 9 102B; reports, 9 105
Zoning Districts establishment of, 3 101A; districts listed below contain the related provisions for permitted, special and conditional uses; lot size requirements; bulk regulations and use limitations:
R 1 Residential, 4 101; R-2
Multiple-Family Residential, 4 102;
MH 1 Manufactured Home Park, 4 103;
B 1 Central Business, 4 104;
B 2 Service Business, 4 105;
B-3 Interchange Business, 4-106
I 1 Light Industrial, 4 107;
I 2 Heavy Industrial, 4 108;
P-O Protective Overlay, 4-109
Zoning Jurisdiction regulations applicable to, area covered, 1 103
Zoning Lot definition of, See lot, zoning, 2 102; number of structures or uses on, 3 103A
Zoning Maps boundaries, 3 101B2, 3 101C, 3 101D; certificate, revision, 9 100A9; incorporation by reference, ordinance, Appendix
Zoning Permit effect on existing, 2 100F; definition of, 2 102; screening, 3 104; accessory uses, 6 100B; temporary uses, 6 101; home occupations, 6 102; null and void, 9 101A1; subdivision regulations requirements, 9 101A2; construction on or over easement, 9 101A3; grad-ing, 9 101A4; application, 9 101A5; period to issue, 9 101A6; validity, 9 101A7