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The R-3A District is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the conventional R-3 District.
1. Principal Permitted Uses. Only the uses of structures or land permitted in the R-3 District shall be allowed.
2. Permitted Accessory Uses. All accessory uses permitted in and as allowed in the R-3 District shall be permitted.
3. Area and Size Regulations. Permitted lot area and yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the R-3 District or the Subdivision Ordinance of the City.
A. The minimum lot and yard requirements of the R-3 District shall not apply, except that the minimum front yard specified in said district, or suitable screening or buffering, shall be provided around the boundaries of the development. In the absence of an appropriate physical barrier, the Council and Commission may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the R-3 District shall apply.
B. Spaces of off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
C. All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
D. Any land gained within the development because of the clustering of dwelling units or structures as permitted in this section may be dedicated to the City or retained in private ownership as common land. The dedication of land to the City shall be referred to the park board for recommendation and report. Common land, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
E. The maximum number of dwelling units per acre shall not exceed the maximum allowed in the R-3 District.
4. Petition to Develop; Preliminary Site Plan Required. The owner or owners of any tract of land may petition the Council, in accordance with the provisions of Section 196.04 of this Zoning Ordinance, for a change to the R-3A zoning district classification. Said petition shall be accompanied by 15 copies of the preliminary site plan of the proposed development, showing in schematic form the location of all the following:
A. Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
B. Parking areas;
C. Access drives;
D. Streets abutting or within the proposed development;
E. Walks;
F. Site topographic features;
G. Landscaping and planting areas;
H. Required peripheral yards;
I. Common land, recreation areas and parks;
J. Existing and proposed utilities and easements.
5. Commission Review. The petition and all attachments shall be referred to the Plan and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of civic design, land use planning, and landscape architecture. After public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this Zoning Ordinance.
6. Council Review. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the Council. The Council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this Zoning Ordinance.
7. Final Site Plan and Final Plat Required.
A. If the Council approves a preliminary plan and request for rezoning, the applicant shall submit 15 copies of a final site plan and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the R-3A Final Site Plan, showing in detail the location of all the following:
(1) Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
(2) Parking areas;
(3) Access drives;
(4) Streets abutting or within the proposed development;
(5) Walks;
(6) All proposed walls and fences;
(7) Landscaping and plant material;
(8) Required peripheral yards;
(9) Common land, recreation areas, and parks;
(10) Existing and proposed utilities and public easements;
(11) Storm and sanitary sewer lines;
(12) Water mains.
(13) Any additional information the Department Director determines is required to evaluate the proposed R-3A plan.
B. If the proposed development includes common land which will not be dedicated to the City, the final site plan shall be accompanied by the documents as required in subsection 191.08.
C. A final plat shall be submitted with the final site plan. The plat shall show building lines, lots, and/or blocks, common land, any park land, streets, easements and other applicable items required by Chapter 200 Subdivision Regulations of this Code of Ordinances. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Clerk and Recorder.
8. Final Site Plan Approval .
A. The final site plan and required documents shall be reviewed by the Commission for compliance with the provisions set forth in subsection 3 of this section and substantial compliance with the preliminary site plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final site plan and approve it if it complies with the provisions set forth in subsection 3 and is in substantial compliance with the preliminary site plan.
B. In the event that the owner or owners fail to submit a final site plan in substantial compliance with the preliminary site plan within two years after Council approval of the preliminary plan, the Council may, on its own motion, cause the property to be rezoned to its original classification in accordance with the provisions of Section 196.04 of this Zoning Ordinance.
C. No building permits shall be issued for any structure within the district to be constructed in variance with the final site plan, unless specifically authorized by appropriate Council resolution.
9. Development; Single-Family Dwellings. In areas of the proposed development which will be developed with unattached, single-family dwellings only, the owner may designate arrangements of lots and/or blocks to be developed in accordance with R-1, R-2, or R-3 District zoning requirements. Such designation shall be noted on the preliminary site plan, final site plan, and the final plat. Said property shall be developed in accordance with the requirements of the zoning district specified, and it shall not be necessary to show the locations of buildings, garages, parking areas, access drives, landscaping areas, walls, patios, and/or fences on the preliminary site plan, or on the final site plan for designated areas.
The R-5 District is intended and designed to provide for certain medium-density residential areas of the City now developed with mobile home parks, which by reason of their design and location are compatible with surrounding residential areas and areas where similar development seems likely to occur.
1. Occupancy Outside Park Restricted. It is unlawful to use or occupy a mobile home as a dwelling place outside a mobile home park, unless such mobile home has been converted to real estate as provided by State law and meets with all the requirements of the building, plumbing, health, sanitary, electrical, and zoning ordinances of the City.
2. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-5 District.
A. Any use permitted in the R-2 District.
B. Mobile home park, in accordance with the provisions of subsection 5 of this Section 192.08.
3. Permitted Accessory Uses. Permitted accessory uses in the R-5 District are as follows:
A. Accessory uses permitted in and as limited in the R-2 District.
B. Service buildings as required by subsection 5 below.
A. For any permitted use excepting a mobile home park, the minimum requirements shall be the same as those set out for the R-2 District.
B. For any mobile home park, the requirements shall be as follows:
(1) The minimum total area shall be three (3) acres.
(2) Each yard abutting on a public street shall be considered a front yard and shall be a minimum of 50 feet.
(3) All other yards, whether side or rear, shall be a minimum of 50 feet when adjacent to any other R district and 30 feet when adjacent to a C or M district.
(4) The minimum mobile home space excluding yard requirements shall measure at least 50 by 80 feet.
(5) Mobile homes shall be located on each space so that there will be at least a 20-foot clearance between each mobile home; a 10-foot open space between the mobile home, including any permanently enclosed appendage and any driveway, walkway or mobile home space boundary; and a 10-foot open space at the rear of the mobile home.
5. Mobile Home Park Storm Shelters.
A. General Requirements. Every mobile home park of ten or more mobile home spaces which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters which shall:
(1) Have a minimum floor area of seven square feet (7 SF) for each mobile home space in said mobile home community;
(2) Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Official or licensed structural engineer or architect;
(3) Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain;
(4) Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the applicable City and State currently adopted construction and installation codes;
(5) Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);
(6) Be located no farther than 1,320 linear feet from the furthest mobile home space in the mobile home community;
(7) Provide area for the parking of cars of residents who drive to the facility. This is not intended to require a structure built solely as a shelter to provide a paved parking lot.
B. Additions to Existing Mobile Home Parks. For any addition of ten or more mobile home spaces to any existing mobile home park, a storm shelter which complies with the general requirements of paragraph A of this subsection shall be provided to serve such additional spaces. For any addition of fewer than ten mobile home spaces to an existing mobile home park which otherwise complies with the requirements of subparagraph (1) or (6) of paragraph 5A, there is no requirement that an additional shelter be provided to serve such additional spaces. Provided, however, when two or more such additions of fewer than ten mobile home spaces results in a cumulative addition of ten or more mobile home spaces to a mobile home park which otherwise complies with the requirements of said subparagraphs, a storm shelter which complies with the general requirements of paragraph 5A of this subsection shall be provided to serve such additional spaces.
C. Restroom Facilities. Restroom facilities in required storm shelters are not mandatory. When restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical, or other approved types.
D. Access to Shelters. The mobile home park owner, or such owner’s designated agent or representative, shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of paragraph 5(A)(1) of this section.
E. Existing Nonconforming Mobile Home Parks. Any mobile home park of ten or more mobile home spaces which has an existing above or below-grade storm shelter as of the effective date of the ordinance codified in this section which does not conform with the requirements of this section, shall be deemed a nonconforming mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming mobile home park for so long as said existing shelter remains in place and usable; provided, however, that any mobile home spaces added to such park after the effective date of the ordinance codified in this section shall require storm shelters as provided in paragraph 5B of this section.
6. Petition to Develop.
A. Each petition for a change to the R-5 Zoning district classification submitted to the Council shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space, the water, electrical and sewer lines or septic tank location serving each trailer space, the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.
B. The plan shall be considered by the Plan and Zoning Commission and the Council, who may approve said plan or require such changes thereto as are deemed necessary to effectuate the intent and purpose of this section.
The C-1 District is intended to provide for the convenience shopping of persons living in neighborhood residential areas and for general uses and activities of a retail and personal service character. Only those uses are permitted which are necessary to satisfy the local needs which occur so frequently as to require commercial facilities in proximity to residential areas. In addition, low-intensity business and professional offices are permitted.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-1 District:
A. Any uses permitted in the R-3 District, provided that any new residential uses shall be located only in mixed use buildings that also contain, usually on the first floor, other allowable commercial or office uses.
(Ord. 2054 - Apr. 21 Supp.)
B. Retail businesses or service establishments, such as the following:
(1) Antique shops,
(2) Apparel shops,
(3) Art shops,
(4) Automotive stores for the retail sale of automotive parts, supplies and accessories; provided, that all merchandise sold or services performed shall be within an enclosed building or structure, and specifically excluding body and fender shops, automotive repair shops, and junk shops or junkyards,
(5) Baby and children stores,
(6) Bakeries or bakery outlets - retail sales only,
(7) Banks, savings and loan associations, and similar financial institutions,
(8) Bicycle shops, sales and repairs;
(9) Bookstores,
(10) Camera stores,
(11) Clothes cleaning and laundry pickup stations,
(12) Collection offices of public utility companies,
(13) Confectionery stores, including ice cream or snack bars,
(14) Dairy stores - retail only,
(15) Dance studios and physical culture establishments,
(16) Delicatessens,
(17) Drugstores,
(18) Dry goods stores,
(19) Florist shops and greenhouses,
(20) Funeral homes and mortuaries,
(21) Furniture stores,
(22) Gas stations, including minor automobile repairs as accessory but not principal use,
(23) Gift shops,
(24) Grocery stores including supermarkets,
(25) Hardware stores,
(26) Hobby shops,
(27) Household appliances sales and repair,
(28) Jewelry stores and watch repair shops,
(29) Key shops,
(30) Launderettes, coin-operated dry-cleaning establishments, and dry-cleaning or pressing establishments using only nonflammable solvents,
(31) Locker plants for storage and retail sales only,
(32) Leather goods stores,
(33) Music stores,
(34) Music studios,
(35) Paint and wallpaper stores,
(36) Photographic studios,
(37) Post office substations,
(38) Radio and television sales and repair shops,
(39) Restaurants,
(40) Shoe and hat repair shops,
(41) Sporting goods stores,
(42) Tailor and dressmaking shops,
(43) Theaters,
(44) Toy stores,
(45) Variety stores,
(46) Bowling alleys,
(47) Taverns and lounges, provided that such establishments are not located within 300 feet from a church, school or R-1 zoning district; and provided further, that the tavern or lounge is housed in a building or shopping center which is occupied by other retail businesses or service establishments.
(48) Preschool and child day care centers, subject to the following provisions:
a. The childcare center/preschool shall have 35 square feet per child of usable indoor floor space maintained in a clean and sanitary manner; when floor space occupied by cribs is counted as usable floor space, there shall be 40 square feet of floor space per child in those rooms. Kitchens, bathrooms, and halls may not be counted in the square footage per child or used as regular program space.
b. There shall be 75 square feet of outdoor recreation area per child using the space at any given time. Such space shall be located in the side or rear yard and be totally enclosed by a fence of no less than 42 inches in height.
c. There shall be adequate off-street area for traffic circulation allowing child drop-off and pick-up activity entirely in the property.
C. Combinations of the above uses.
D. Business and professional offices supplying commodities or performing services primarily for residents of the neighborhood.
2. Permitted Accessory Uses. Permitted accessory uses in the C-1 District are as follows:
A. Accessory uses permitted in the R-3 District.
B. Storage of merchandise incidental to the principal use, but not to exceed forty percent of the floor area used for such use.
A. Lot Area: Same as required in the R-3 District for residential uses. No minimum requirement for any other permitted uses.
B. Lot Area Per Dwelling Unit: Same as required in R-3 District.
C. Lot Width: Same as required in R-3 District for residential uses. No minimum requirement for any other permitted uses.
D. Front Yard: 35 feet.
E. Side Yards: Same as required in R-3 District for residential uses. No minimum requirements for any other permitted uses, except when adjoining any R district, in which case, 25 feet. Any side yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
F. Rear Yard: 40 feet. Any rear yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
G. Maximum Height: 35 feet.
H. Maximum Number of Stories:
Residential uses – 3 stories;
All other permitted uses – 2 stories.
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
The C-2 District is intended to provide for major retail shopping areas outside the downtown area. These districts include, as well, much of the strip commercial property existing along the major streets and highways of the City. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile-traveling consumer.
1. Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-2 District:
A. Any use permitted in the C-1 District.
B. Retail, service or recreational uses, such as the following:
(1) Animal hospitals, veterinary clinics or kennels, provided that any exercising runway is at least 200 feet from any R District boundary.
(2) Automobile accessory stores.
(3) Automobile, trailer, motorcycle, boat and farm implement establishments for display, hire, rental and sales (including sales lots); including, as incidental to these major uses, all repair work in connection with their own or customers’ vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding, and used parts yards.
(4) Ballrooms and dancehalls.
(5) Billiard parlors and pool halls.
(6) Bookbinding.
(7) Bowling alleys.
(8) Business or secretarial schools or colleges, commercial trade schools, or other commercially operated schools for adults.
(9) Carpenter and cabinet-making shops for retail custom work.
(10) Commercial baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar recreational uses and facilities.
(11) Department stores.
(12) Drive-in restaurants.
(13) Exterminator sales.
(14) Drive-in theaters.
(15) Printing and publishing houses.
(16) Hotels, with no minimum density requirements.
(17) Transportation passenger terminals, including bus stations, railroad passenger stations or other passenger terminals.
(18) Laundries.
(19) Labor union offices, including assembly halls.
(20) Lawn mower repair shops.
(21) Lumberyards, retail only.
(22) Monument sales yards.
(23) Motels, motor hotels, and tourist courts with no minimum density requirements.
(24) Office buildings.
(25) Packaged-goods stores for the sale of alcoholic beverages.
(26) Pet shops, including aquariums.
(27) Photographic printing or developing establishments.
(28) Plumbing and heating shops.
(29) Printing and lithographing shops.
(30) Parking garages and parking lots.
(31) Health establishments.
(32) Public auction rooms.
(33) Radio or television studios.
(34) Sheet metal shops.
(35) Sign painting shops.
(36) Taverns and nightclubs, including private clubs.
(37) Upholstering shops.
(38) Used car sales lots.
(39) Garage for general motor vehicle repair.
(40) Automobile washing establishments.
(41) Buildings or structures designed and used solely for the purpose of leasing interior storage space for the storage of personal property owned by persons, firms or corporations who are not owners of such buildings or structures, and who do not occupy by lease or otherwise more than 1,000 square feet of the leasable space of such structure. The owner is restricted as the above-mentioned lessee. Outdoor storage, the storage of earth moving equipment, the storage of contractor’s equipment, and the storage of livestock or livestock feed is specifically prohibited.
(42) Any highway-oriented business not otherwise listed in this section which compounds, processes, packages or treats bakery goods, candy, spices, or other food products, and sells the same to the general public at the same location, subject to the following conditions:
a. The owner or owners of any tract of land may petition the Council to authorize such use. The petition shall be accompanied by a preliminary site plan of the proposed development, which shall contain those items set forth in Sections 192.06(4) through (8). The petition and attachment shall be referred to the Plan and Zoning Commission for study and report. The Commission may approve or disapprove the plan or require that the petitioner amend the plan to preserve the intent and purpose of this zoning district. The plan, along with the Commission’s recommendations on such use, shall then be referred to the City Council which may, after notice and public hearing, approve, disapprove, or amend the plan.
b. No building permit shall be issued until the plan has been given final approval by the Council.
(Former #43 Deleted by Ord. 1688 - Jan. 11 Supp.)
(43) Pawnbrokers as defined, permitted and regulated in Chapter 141 of the Municipal Code.
(Ord. 1743 - Jan. 13 Supp.)
2. Permitted Accessory Uses. Permitted accessory uses in the C-2 District are as follows:
A. Accessory uses permitted in the C-1 District.
A. Lot Area: Same as required in the C-1 District.
B. Lot Area Per Dwelling Unit: Same as required in the C-1 District.
C. Lot Width: Same as required in the C-1 District.
D. Front Yard: Same as required in the C-1 District.
E. Side Yard: Same as required in the C-1 District.
F. Rear Yard: Same as required in the C-1 District.
G. Maximum Height: 45 feet.
H. Maximum Number of Stories:
Multiple dwelling uses – 4 stories;
All other permitted uses – 3 stories.
4. Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
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