Loading...
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the R-1 Single-Family Residential District.
1. Uses Permitted. Only those uses listed specifically, or by reference or by description, are deemed permitted uses; all others are deemed not permitted in this district.
A. One-family dwellings.
B. Churches, other places of worship, and accessory buildings.
C. Governmental uses including library, park, playground, community center, offices and garage.
D. Private or semi-public parks, golf courses, country clubs, tennis courts, swimming pools and similar recreational uses, not operated primarily as a commercial use.
E. Public, parochial and private schools.
F. Social or cultural use serving a community need or convenience, not carried on primarily for profit, and including clubs, lodges, fraternities, other service groups in accordance with the provisions of Section 175.29(11).
G. Railroad right-of-ways and trackage, public utility distribution lines and sub-stations serving a local area.
H. Accessory buildings and uses as provided and regulated herein.
I. Individual or collective private water supply and sewage facilities.
J. Storage of auto trailers, unoccupied mobile homes, camping trailers or boats provided same are not stored within front yard of any lot on which a main building is located, or if on a vacant lot to be shielded from view of the adjacent lots by a six-foot (6¢) high, solid type fence or other equal screening.
K. Nursery schools, child care nurseries.
L. Customary home occupations such as handicraft, dressmaking, millinery, laundering, preserving and home cooking, provided that such occupations are conducted solely by resident occupants in their place of abode and provided that no more than one-quarter (¼) of the area of one floor shall be used for such purpose, and provided further that such occupation does not require external or internal alterations or the use of mechanical equipment not customary in dwellings.
M. Family Home.
2. Building Height Limit. For a residence building: 2½ stories, but not exceeding 35 feet in height; for a non-residence building, not exceeding 60 feet in height; and for an accessory structure not exceeding 16 feet in height.
3. Minimum Lot Area. 11,000 square feet for each one-family dwelling together with its accessory buildings and not less than 16,000 square feet for any other permitted uses; however, where public sewer and water facilities are not available, not less than 20,000 square feet for any permitted use.
4. Minimum Lot Width. 80 feet. Where public sewer and water facilities are not available, 100 feet.
5. Minimum Front Yard Depth. 30 feet. When fronting on the right-of-way of a City primary or arterial street, as designated by the City Council, the front yard shall be at least 40 feet.
6. Minimum Side Yard Width. (Each Side). 9 feet for a one-family dwelling and 15 feet for any other principal building. On lots of record under separate ownership from adjacent lots before February 3, 1969, one side yard may be reduced to not less than 5 feet. On a corner lot, only the interior side yard may be so reduced.
7. Minimum Rear Yard Depth. 30 feet for a dwelling and 45 feet for any other building.
8. Off-Street Parking. In accordance with Section 175.28.
9. Construction Requirements. The facing material of the exterior of the front of any building, other than residential or accessory, must be constructed of the equivalent of at least 30% of the entire outside wall surface with a clay masonry material or approved equal. If the 30% requirement is not met by constructing the front facing with masonry or an equivalent, then the remainder must be placed on the remaining three walls. The clay masonry or equivalent shall be stone, finished face precast concrete, ceramic tile or others approved by the Commission. The outside wall surface shall be measured from the eave or coping line to the grade line. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the R-2 One- and Two-Family Residential District.
1. Uses Permitted. Only those uses listed specifically, or by reference or by description, are deemed permitted uses; all others are deemed not permitted in this district.
A. One-family dwellings.
B. Two-family dwellings.
C. Churches, other places of worship, and accessory buildings.
D. Governmental uses including library, park, playground, community center, offices and garage.
E. Private or semi-public parks, golf courses, country clubs, tennis courts, swimming pools and similar recreational uses, not operated primarily as a commercial use.
F. Public, parochial and private schools.
G. Social or cultural use serving a community need or convenience, not carried on primarily for profit, and including clubs, lodges, fraternities, other service groups in accordance with the provisions of Section 175.29(11).
H. Railroad right-of-ways and trackage, public utility distribution lines and sub-stations serving a local area.
I. Accessory buildings and uses as provided and regulated herein.
J. Individual or collective private water supply and sewage facilities.
K. Storage of auto trailers, unoccupied mobile homes, camping trailers or boats provided same are not stored within front yard of any lot on which a main building is located, or if on a vacant lot to be shielded from view of the adjacent lots by a six-foot (6¢) high, solid type fence or other equal screening.
L. Nursery schools, child care nurseries.
M. Customary home occupations such as handicraft, dressmaking, millinery, laundering, preserving and home cooking, provided that such occupations are conducted solely by resident occupants in their place of abode and provided that no more than one-quarter (¼) of the area of one floor shall be used for such purpose, and provided further that such occupation does not require external or internal alterations or the use of mechanical equipment not customary in dwellings.
N. Small personal service shops such as beauty parlor, barber shop, photography, music, dancing or art studios, appliance or tool repair, office machines repair, upholstery shop, or bicycle repair, provided the same is conducted within a fully enclosed structure and that the total floor area devoted to any one or combination of uses does not exceed 500 square feet. The primary owner/operator of said business shall be the resident of the property. Any other use request shall be made to the Commission for review, after which the Commission will make its recommendation to the Council for the Council to approve or disapprove.
O. Bed and breakfast homes. A private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time. The facility can advertise as a bed and breakfast home, but not as a hotel, motel or restaurant. A bed and breakfast home can serve food only to overnight guests. All guest rooms must have an operable smoke detector. There shall be one off-street parking space per guest room and a minimum of two off-street parking spaces for the owner.
P. Family home.
2. Building Height Limit. For a residence building: 2½ stories, but not exceeding 35 feet in height; for a non-residence building, not exceeding 60 feet in height; and for an accessory structure not exceeding 16 feet in height.
3. Minimum Lot Area. 8,500 square feet for each one-family dwelling together with its accessory buildings and not less than 12,000 square feet for a two-family dwelling or any other permitted main use; however, where public sewer and water facilities are not available, not less than 20,000 square feet for any permitted use.
4. Minimum Lot Width. 60 feet for a one-family dwelling and not less than 70 feet for a two-family dwelling or any other permitted main use. Where public sewer and water facilities are not available, 100 feet for any permitted use.
(Subsection 4 – Ord. 2299 – Dec. 23 Supp.)
5. Minimum Front Yard Depth. 30 feet. When fronting on the right-of-way of a City primary or arterial street, as designated by the City Council, the front yard shall be at least 40 feet.
6. Minimum Side Yard Width (Each Side). 9 feet for a one- or two-family dwelling and 15 feet for any other principal building. On lots of record under separate ownership from adjacent lots before February 3, 1969, one side yard may be reduced to not less than 5 feet. On a corner lot, only the interior side yard may be so reduced.
7. Minimum Rear Yard Depth. 30 feet for a dwelling and 45 feet for any other building.
8. Off-Street Parking. In accordance with Section 175.28.
9. Zero Lot Line Two-Family Dwellings. If a two-family dwelling complies with all of the other requirements of R-2 Standards, and the common wall is built according to Chapter 5 of the International Building Code as adopted by the Council, the property may be divided and owned by two or more separate owners. After such a division, each dwelling unit shall be limited to single-family use. This subsection is an exception to subsection 175.29(2)(D) (Supplementary Regulations), authorizing a reduction of the lot size by the division explained above. No such “zero lot line” unit shall be constructed, nor any existing unit and property divided pursuant to this chapter, before the owner obtains a building permit and complies with all of the appropriate zoning and building regulations.
10. Construction Requirements. The facing material of the exterior of the front of any building, other than residential or accessory, must be constructed of the equivalent of at least 30% of the entire outside wall surface with a clay masonry material or approved equal. If the 30% requirement is not met by constructing the front facing with masonry or an equivalent, then the remainder must be placed on the remaining three walls. The clay masonry or equivalent shall be stone, finished face precast concrete, ceramic tile or others approved by the Commission. The outside wall surface shall be measured from the eave or coping line to the grade line. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the R-3 Multi-Family Residential District.
1. Uses Permitted. Only those uses listed specifically, or by reference or by description, are deemed permitted uses; all others are deemed not permitted in this district.
A. One-family dwellings.
B. Two-family dwellings.
C. Apartment buildings, town houses, row dwellings and multiplex homes consisting of not more than six (6) horizontal jointed units in any single structure. Development of uses in this item shall be in accordance with the provisions of subsection 9 of this section.
D. Churches, other places of worship, and accessory buildings.
E. Governmental uses including library, park, playground, community center, offices and garage.
F. Private or semi-public parks, golf courses, country clubs, tennis courts, swimming pools and similar recreational uses, not operated primarily as a commercial use.
G. Public, parochial and private schools.
H. Social or cultural use serving a community need or convenience, not carried on primarily for profit, and including clubs, lodges, fraternities, other service groups in accordance with the provisions of Section 175.29(11).
I. Railroad right-of-ways and trackage, public utility distribution lines and sub-stations serving a local area.
J. Accessory buildings and uses as provided and regulated herein.
K. Individual or collective private water supply and sewage facilities.
L. Storage of auto trailers, unoccupied mobile homes, camping trailers or boats provided same are not stored within front yard of any lot on which a main building is located, or if on a vacant lot to be shielded from view of the adjacent lots by a six-foot (6¢) high, solid type fence or other equal screening.
M. Nursery schools, child care nurseries.
N. Customary home occupations such as handicraft, dressmaking, millinery, laundering, preserving and home cooking, provided that such occupations are conducted solely by resident occupants in their place of abode and provided that no more than one-quarter (¼) of the area of one floor shall be used for such purpose, and provided further that such occupation does not require external or internal alterations or the use of mechanical equipment not customary in dwellings.
O. Small personal service shops such as beauty parlor, barber shop, photography, music, dancing or art studios, appliance or tool repair, office machines repair, upholstery shop, or bicycle repair, provided the same is conducted within a fully enclosed structure and that the total floor area devoted to any one or combination of uses does not exceed 500 square feet. The primary owner/operator of said business shall be the resident of the property. Any other use request shall be made to the Commission for review, after which the Commission will make its recommendation to the Council for the Council to approve or disapprove.
P. Boarding and rooming houses.
Q. Bed and breakfast homes. A private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than four guest families are lodged at the same time. The facility may serve food to overnight guests or groups not to exceed 20 individuals in each group, by reservation only. The facility can advertise as a bed and breakfast home as well as being available to serve groups by reservation only, but may not advertise as a hotel, motel or restaurant. All guest rooms must have an operable smoke detector. There shall be one off-street parking space per guest room and a minimum of one off-street parking space for every four people if food will be served to groups. These shall be in addition to two off-street parking spaces for the owner.
R. Family home.
2. Building Height Limit. For one- and two-family dwellings: 2½ stories, but not exceeding 35 feet in height; for multiple dwellings: 45 feet except that for each one foot that such building is set back beyond the required yards, one foot may be added to the height, but not to exceed a maximum height of 65 feet; for dwelling groups, refer to subsection 9 of this section.
3. Minimum Lot Area. 7,000 square feet for each one-family dwelling, 8,000 square feet for each two-family dwelling, and an additional 2,500 square feet for each additional unit over two (2) units in one- or two-story multiple dwellings or an additional 2,000 square feet for each additional unit over two (2) units in dwellings of three (3) stories or more; and not less than 12,000 square feet for any other permitted use; however, where public sewer and water facilities are not available, not less than 20,000 square feet for one- and two-family dwellings, not less than 80,000 square feet for any multiple dwelling, not less than 20,000 square feet for any other permitted use.
4. Minimum Lot Width. For one- and two-family dwellings, 60 feet; for multiple dwellings, 100 feet; for any other permitted use, 70 feet.
5. Minimum Front Yard Depth. For one- and two-family dwellings, 30 feet. When fronting on the right-of-way of a City primary or arterial street, as designated by the City Council, the front yard shall be at least 40 feet. For multiple dwellings, 40 feet.
6. Minimum Side Yard Width (Each Side). 9 feet for a one- or two-family dwelling, 15 feet for 1-, 2- or 2½-story multiple dwellings or other main buildings; 25 feet for multiple dwellings of three or more stories.
7. Minimum Rear Yard Depth. 30 feet for a dwelling and 45 feet for any other building.
8. Off-Street Parking. In accordance with Section 175.28.
9. Apartment, Town House and Other Multi-Family Dwellings.
A. Any proposed street, whether to be offered for public dedication or not, or whether to be part of a proposed subdivision or not, shall be laid out and improved in accordance with the provisions of Chapter 177 of this Code of Ordinances.
B. All driveways and off-street parking areas shall be suitably graded and improved to provide a dust-free and well-drained parking surface. Suitable markings or signs shall be provided to indicate parking spaces, aisles, entrances and exits.
C. All buildings shall be served by a water supply and a sanitary sewer system satisfactory to and approved by the Council.
D. All development shall be in accordance with a site plan as approved by the Council, after review and recommendation by the Commission. The approved plan, and any conditions or modifications attached thereto, shall be filed with the Building Inspector.
10. Site Plan Required.
A. To assure that the layout and location of proposed buildings will be in conformity with the purposes and standards set forth for the District, a site plan shall be submitted for developments of six (6) living units or more, showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
(1) Location, use and height of buildings.
(2) Location and improvement of parking areas.
(3) Location, improvement and grade of all access driveways.
(4) Location of all existing and proposed underground utility lines and appurtenant structures.
(5) Layout, dimensions and markings for parking spaces.
(6) Locations and improvements of sidewalks, location and markings of all pedestrian ways within parking area.
B. To orient the site plan properly to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map:
(1) Area map showing all properties, streets, easements, streams, etc., within 200 feet of boundaries of site.
(2) Topography or selected elevation points to show existing grades and proposed final grades or elevations of buildings.
11. Construction Requirements. The facing material of the exterior of the front of any building, other than residential or accessory, must be constructed of the equivalent of at least 30% of the entire outside wall surface with a clay masonry material or approved equal. If the 30% requirement is not met by constructing the front facing with masonry or an equivalent, then the remainder must be placed on the remaining three walls. The clay masonry or equivalent shall be stone, finished face precast concrete, ceramic tile or others approved by the Commission. The outside wall surface shall be measured from the cave or coping line to the grade line. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the R-4 Permanent Mobile Home District.
1. Uses Permitted.
A. Mobile homes, provided they meet the following requirements:
1 Mobile home is attached to a permanent foundation.
2 Vehicular frame is destroyed or modified, rendering it impossible to reconvert to mobile use.
3 Mobile home is taxed as real property.
B. Churches, other places of worship and accessory buildings.
C. Governmental uses including library, park, playground, community center, offices and garage.
D. Private or semi-public parks, golf courses, country clubs, tennis courts, swimming pools and similar recreational uses, not operated primarily as a commercial use.
E. Public, parochial and private schools.
2. Building Height Limit. Not exceeding 20 feet in height; for an accessory structure, not exceeding 16 feet in height.
3. Minimum Lot Area. 5,500 square feet for each dwelling, together with accessory buildings; however, where public sewer and water facilities are not available, not less than 20,000 square feet for any permitted use.
4. Minimum Lot Width. 55 feet. Where public sewer and water facilities are not available, 100 feet.
5. Minimum Front Yard Depth. 15 feet in depth, measured from the property line.
6. Minimum Side Yard Width. 5 feet.
7. Minimum Rear Yard Depth. 10 feet.
8. Minimum Mobile Home Width. 12 feet.
9. Appurtenances. All appurtenances shall meet minimum front yard, rear yard and side yard requirements.
10. Accessory Buildings. In accordance with Section 175.29.
11. Off-Street Parking. In accordance with Section 175.28.
The following regulations shall apply in the R-5 Mobile Home Park District.
1. Purpose; Enforcement. The purpose of this section is to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to preserve the appropriate character of each area within the sound principles of this chapter; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public services. It is the duty of the City Engineer to act as the Zoning Administrator and to enforce this section.
2. Definitions. For use in this section, the following terms are defined:
A. “Accessory use, mobile home” means a subordinate use which is incidental and customary in connection with the mobile home and is located in the same space of such mobile home.
B. “Accessory use, mobile home park” means a use incidental to the primary use of the mobile home park, such as direct service facility buildings, park management building, maintenance building, community buildings, parking areas, recreational areas or other use of a similar nature.
C. “Approved mobile home park development plan” means the plan approved by the Council.
D. “Appurtenances” means an attached or detached addition to a mobile home, situated on the mobile home space for the use of its occupants, such as a carport, garage, storage shed or items of a similar nature.
E. “Building Codes” means those applicable codes enforced by the Building Department of the City and known as the Boone Building Codes.
F. “Common area” means any area or space designed for joint use of tenants occupying mobile home parks.
G. “Community building” means a building housing toilet and bathing facilities for men and women, a slop-water sink and such other facilities as may be required by this section.
H. “Density” means the number of mobile homes or mobile home stands per gross and/or net acre.
I. “Driveway” means a minor private way used by vehicles and pedestrians on a mobile home space.
J. “Easement” means a vested or acquired right to use land, other than as a tenant, for a specific purpose, such right being held by someone other than the owner who holds title to the land.
K. “Electric park receptacle” means the waterproof attachment receptacle device located adjacent to the water and sewer outlets to receive the flexible cable from the mobile home, or where required, the permanently installed conductors.
L. “Electric service drop” means that part of the electric distribution system from the main electrical distribution system, overhead or underground to the service equipment serving one or more mobile home spaces.
M. “Existing installations” means those installations which were constructed before the effective date of the ordinance codified in this section.
N. “Health authority” means the legally designated health authority or its authorized representative.
O. “Mobile home” means a transportable, single-family dwelling unit, enclosure which can be used for year-round living purposes having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means and containing but not limited to flush toilet, bath, kitchen and heating facilities, and plumbing and electrical connections for attachment to outside systems.
P. “Mobile home park” means a plot of ground containing a minimum of five (5) acres upon which one or more mobile homes are located and designed for occupancy for living purposes whether or not a charge is made for such accommodation.
Q. “Mobile home park development plan” means a custom-made design for a specific site or area consisting of drawings, maps and engineering details to set forth the boundary, topography and overall park design, including streets, parking facilities, mobile home space locations and service facilities.
R. “Mobile home space” means a plot of ground within a mobile home park designed for the accommodation of one mobile home.
S. “Mobile home stand” means that part of an individual mobile home space which has been reserved for the placement of the mobile home and any appurtenances thereto.
T. “Motorized home” means a portable structure designed and constructed as an integral part of a self-propelled vehicle to render it suitable for use as temporary living purposes.
U. “New installations” means those which are proposed for construction after the effective date of the ordinance codified in this chapter.
V. “Patio” means a surfaced outdoor living space designed to supplement the mobile home living area.
W. “Permit to construct, reconstruct or remodel” means a written permit issued by the Zoning Administrator and the City Building Department where applicable, permitting the construction, alteration or extension of a mobile home park under the provisions of this section and regulations issued hereunder.
X. “Pickup coach” means a structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as temporary living purposes.
Y. “Plat” means a map, plan or chart of a city, town, section or subdivision, indicating the location and boundaries of individual properties.
Z. “Private street” means a private way which affords principal means of access to abutting individual mobile home spaces or accessory buildings.
AA. “Property line” means a recorded boundary of a plat.
BB. “Public street” means a public way which affords principal means of access to abutting properties.
CC. “Public system (water or sewage)” means a system which is owned and operated by a local governmental authority or by an established public utility company which is adequately controlled by governmental authority. Such systems are usually existing systems serving the municipality or a water or sewer district established and directly controlled under the laws of the State.
DD. “Right-of-way” means the area, either public or private, over which the right of passage exists.
EE. “Roadway” means that portion of the mobile home park street system that is surfaced for the actual travel or parking of vehicles, and including curbs.
FF. “Sewer connection” means the connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewage system serving the mobile home park.
GG. “Sewer riser pipe” means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.
HH. “Single ownership” means an individual, partnership, corporation or other entity owning the whole park.
II. “Skirting” means the materials and construction around the perimeter of a mobile home floor between the bottom of the mobile home floor and the grade level of the mobile home stand.
JJ. “Temporary permit” means a written permit issued by the Zoning Administrator permitting an existing park at the effective date of the ordinance codified in this section to continue operation for one-year periods during the period ending five years after such effective date.
KK. “Tenant storage” means an enclosed space for an individual mobile home.
LL. “Trailer” means any enclosure which can be used for temporary living purposes, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. “Trailer” includes camp car, house car, motorized home and pickup coach.
MM. “Transient use” means the occupancy of a mobile home space by a mobile home for a period of fourteen days or less.
NN. “Water connection” means the connection consisting of all pipes and fittings from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
OO. “Water riser pipe” means that portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home space.
PP. “Yard” means the area on the same space with a mobile home between the space line and the front, rear or side of the mobile home and/or appurtenances. For purposes of this chapter, the “front” of a mobile home shall be considered as that part of the mobile home facing toward the approved street or right-of-way as required by this section.
3. Connections to Sewer and Water. All plans and specifications for the park site, sewer, sewage disposal and water facilities shall meet the requirements of this Code of Ordinances.
4. Refuse Disposal. Refuse disposal shall be the responsibility of the park owner and shall meet all requirements of this Code of Ordinances.
5. Park Street System. Park street systems shall comply with the following:
A. Street Names. Streets that are obviously in alignment with others already existing and named shall bear the name of the existing streets. The proposed names of the new streets shall be shown on the plans and such names shall not duplicate or sound similar to existing street names. The City Engineer shall determine mobile home space numbers.
B. Illumination. All parks shall be furnished with lighting units so spaced and equipped with approved fixtures placed at such mounting heights as will provide the following average maintenance levels of illumination for the safe movement of pedestrians and vehicles at night:
(1) All parts of the park street systems: 0.0 foot candle with a minimum of 0.25 foot candle;
(2) Potentially hazardous locations such as major street intersections and steps or step ramps: individually illuminated with a minimum of 0.4 foot candle.
C. Public Dedication. In general, streets or roadways within a mobile home park shall not be dedicated as public City-owned streets, roadways or rights-of-way. The said streets or roadways may be dedicated as such if the streets or roadways conform to the City major street plan and the Commission recommends dedication and the Council approves and accepts the same. The streets or roadways shall be designed, provided and constructed in strict accordance with the subdivision ordinance (Chapter 177 of this Code of Ordinances) except when more restrictive standards may be required by the Council.
D. Construction and Design.
(1) Pavement. All streets shall be constructed with either hot asphaltic concrete or Portland cement concrete. Street surfaces shall be maintained free of cracks, holes and other hazards. All streets shall be constructed to specifications approved by the City Engineer.
(2) Street Grades. Grades of all streets shall be sufficient to furnish adequate surface drainage, but shall not be more than eight percent (8%). Short runs with a maximum grade of ten percent (10%) may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves. All street grades shall meet with the City Engineer’s approval.
(3) Intersections. Within 100 feet of an intersection, streets shall be at approximately right angles plus or minus five degrees. A minimum distance of 150 feet is recommended between centerline of offset intersecting streets. Offsets shall be approved by the Commission. Intersections of more than two streets at one point shall be avoided.
E. Off-Street Parking.
(1) Parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such parking areas shall be furnished at the rate of at least two vehicle parking spaces for each mobile home space.
(2) A minimum of one vehicle parking space shall be located as to provide convenient access to the mobile home space. Other required vehicle parking spaces shall be so located as to provide convenient access to the mobile home and shall not exceed a distance of 200 feet from the mobile home it is intended to serve.
(3) All parking surfaces shall be constructed with hot asphaltic concrete or Portland cement concrete, all-weather surfacing.
(4) The minimum size of a parking space shall be 10 feet by 20 feet.
(5) Sufficient off-street parking and storage areas shall be provided to meet anticipated requirements of park occupants for storing of boats, boat trailers, travel trailers, pickup coaches, truck tractors, trucks of three-fourths ton pickup size and items of a similar nature. The parking and storage area shall be in addition to parking required elsewhere in this section and parking and storage of vehicles and items listed in this paragraph shall not be permitted in parking areas required elsewhere in this section. Temporary mobile home storage may be permitted prior to permanent placement on the mobile home stand; such temporary storage of a mobile home shall not exceed 48 hours.
F. Sidewalks.
(1) Walks shall be provided for safe, convenient, all-season pedestrian access, of adequate width for intended use, durable and convenient to maintain. There shall be: (i) an individual walk to each mobile home stand from a paved driveway or parking space connecting to a paved street; and (ii) common walks in locations where pedestrian traffic is concentrated, for example, at the court entrance and to the court office and other important facilities. The location of walks shall be approved by the City Engineer.
(2) Width, alignment and gradient of walks shall be suitable for use by both pedestrians and for the circulation of small, wheeled vehicles such as baby carriages and service carts.
(3) Walks shall be constructed of concrete in accordance with the specifications of the City. Widths shall be generally at least 2 feet for entrance walks or individual spaces and at least 4 feet for common walks. Sidewalks marked as school routes in the City’s School Route Plan shall be 5 feet wide. Sudden changes in alignment and gradient shall be avoided. Required walks are not to be used as drainage ways.
6. Fire Protection.
A. The mobile home park area shall be subject to the rules and regulations of the City Fire Department.
B. Mobile home parks shall be kept free of litter, rubbish and other flammable materials.
C. Portable fire extinguishers of a type approved by the Fire Department shall be kept in service buildings and at all locations designated by such fire prevention authority and shall be maintained in good operating condition.
D. Fires shall be made only in barbecue pits, fireplaces and stoves and other equipment intended for such similar purposes.
E. Open fires in incinerators shall not be permitted.
F. Fire hydrants shall be installed in the park’s water system located at such locations as determined by the Fire Department and the Water Department.
7. Supervision.
A. Mobile home parks shall be operated in compliance with this section and the regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
B. The park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section and regulations issued hereunder.
C. The park management shall be responsible for the proper placement of each mobile home on its mobile home stand, which includes securing its stability, installing all utility connections and required skirting. Required skirting shall be installed in accordance with the provisions of this section and within 30 days after initial occupancy.
D. The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.
E. The park management shall maintain and enforce park rules and regulations standards.
F. The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.
8. Responsibilities of Park Occupants. The park occupants shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain their mobile home spaces, facilities and equipment in good repair and in a clean and sanitary condition. All City ordinances with respect to keeping of animals and pets shall apply.
9. Mobile Home Spaces. All mobile home spaces shall comply with the requirements of this chapter.
10. Required Recreational Areas.
A. In all parks, there shall be one or more recreation areas which shall be easily accessible to all park residents.
B. The size of such recreation area shall be based upon a minimum of 250 square feet for each mobile home space. No outdoor recreation area shall contain less than 2,500 square feet.
C. Required recreational area shall be computed in addition to any other common open space required elsewhere in this section.
D. Recreation areas shall be so located so that they are free of traffic hazards and easily accessible.
11. Soil and Ground Cover Requirements. Exposed ground surface in all parts of every mobile home park shall be paved with hot asphaltic concrete or Portland cement concrete or protected with a vegetative growth that is capable of preventing objectionable dust.
12. Skirting Requirements.
A. Skirting of a permanent type, fire retardant material and construction shall be installed to enclose the open space between the bottom of the mobile home floor and the grade level of the mobile home stand and shall be so constructed to provide substantial resistance to heavy winds, thereby alleviating, to the maximum extent possible, lifting action created on the underside of the mobile home by heavy winds.
B. Sufficient screened, ventilating area shall be installed in the skirting to supply the combustion requirement of the heating units and other ventilating requirements of the mobile home. Provision shall be made for easy removal of a section large enough to permit access for inspection of the enclosed area under the mobile home and for repairs on sewer and water riser connections.
C. Skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and to preserve the appearance of the mobile home park.
D. A removable inspection panel shall be provided within the mobile home skirting to allow easy access for service and inspection of utilities and sanitary piping connections. Under no circumstances shall any hazardous items be stored under a mobile home, and if utilized for storage of any non-hazardous materials, the area will be maintained in such a manner to preclude insect or rodent harborage. Combustible materials shall not be placed around the mobile home as insulating material.
13. Anchors. All mobile homes shall be anchored according to the State Building Code.
14. Occupancy. It is unlawful to use any mobile home, travel trailer, pickup coach, motorized home or vehicle for human occupancy within the corporate limits of the City, except when located in a mobile home park regularly approved according to the provisions of this section. Mobile homes shall not be converted to real estate except as provided elsewhere in this Code of Ordinances.
15. Storage. This section does not prohibit the storage of one mobile home, travel trailer, pickup coach or motorized home for any one family, provided that the stored location of the unit is in compliance with the regulations of this chapter. At no time shall parked or stored mobile homes, travel trailers, pickup coaches or motorized homes be occupied or used for living, sleeping or housekeeping purposes.
The “R-6” District is intended and designed to provide a means for the development of large tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this chapter. It is the intent of this section that the basic principles of good land use planning including an orderly and graded relationship between various types of uses be maintained and that the sound zoning standards as set forth in this chapter and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved.
1. Procedure. The owner or owners of any tract of land comprising an area of not less than 10 acres may submit to the Council a petition requesting a change to the “R-6” zoning district classification. The petition shall be accompanied by a plan for the use and development of the entire tract of land, along with a non-refundable fee of $150.00. The development plan shall be referred to the Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of architectural design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The development plan as approved by the Commission shall then be reported to the Council, whereupon the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this chapter.
2. Required Documents of Final Plan.
A. If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed bylaws of a homeowner’s association fully defining the functions, responsibilities and operating procedures of the association shall be submitted. The proposed bylaws shall include but not be limited to provisions: (a) automatically extending membership in the association to all owners of dwelling units within the development; (b) limiting the uses of the common property to those permitted by the final development; (c) granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property; (d) placing the responsibility for operation and maintenance of the common property in the association; (e) giving every owner of a dwelling unit voting rights in the association; and (f) if the development will combine rental and for-sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
B. A performance bond which shall insure to the City that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan shall also be submitted.
C. A covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the City in compliance with this Code of Ordinances shall be submitted.
D. Any additional agreements required by the Council at the time of preliminary plat approval shall also be submitted.
E. A final plat shall be submitted with each stage of the final development plan. The plat shall show building lines, lots and/or blocks, common land, streets, easements, and other applicable items required by the subdivision ordinance. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the County Auditor and Recorder.
3. Standard Compliance. The final development plan and required documents shall be reviewed by the Commission, for compliance with the “R-6” standards and substantial compliance with the preliminary plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council for final approval. The final development plan and final plat shall be approved by the Council before any building permit is issued.
4. Bulk Regulations. Permitted principal and accessory land uses, lot area, yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the chapter or the subdivision ordinance.
A. Buildings shall be used only for residential purposes; occupant garages, occupant storage and similar accessory uses; non-commercial recreational facilities; and community activities including churches and schools.
B. The minimum lot and yard requirements of the zoning districts in which the development is located shall not apply, except that minimum yards specified in the district shall be provided around the boundaries of the development. The Council may require open space or screenings be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within 125 feet of the development boundary.
C. All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinance and specifications of the City.
D. “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, but not including street or alley right-of-way.
E. Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowner’s association.
F. The requirements of this chapter relating to off-street parking and loading shall apply to all “R-6” districts.
G. The final development plan shall comply with the density requirements.
5. Density.
A. The maximum number of dwelling units permitted in an “R-6” District shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located then multiplied by 115%. (In the R-2 district, the one-family dwelling requirement shall apply.) Net development area shall be determined by subtracting the area set aside for churches and schools, if any, and deducting the area actually proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation shall be included in determining the number of dwelling units permitted.
B. The maximum number of multiple dwelling units permitted shall be determined by the zoning district in which the development is located as follows:
Zoning District | Percentage of Total Units Allowable as Multiples |
R-1 | 25% |
R-2 | 50% |
R-3 | 100% |
C. If the development area contains two (2) or more different zoning classifications, the number of dwelling units permitted shall be determined in the direct proportion to the area of each zoning classification contained in the entire tract.
6. Construction and Improvements.
A. The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension as recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved property” means all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.
B. In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as ninety percent (90%) of all construction and improvements have been completed in any prior stage of such plan.
The R-7 Estate Residential District is intended to permit development which has a low-density, estate character. The following regulations and the supplementary regulations of Section 175.29 shall apply in the R-7 Estate Residential District.
1. Uses Permitted. Only those uses listed specifically, or by reference, or by description are deemed permitted uses; all others are deemed not permitted in this district.
A. Farms, farm uses, customary farm occupations, plant and tree nurseries, truck gardening, greenhouses, and wholesale or retail sales in conjunction with same provided that: (a) all processed goods offered for sale shall be stored in fully enclosed structures; and (b) for wholesale or retail sales the gross floor area of such use shall not be greater than 800 square feet.
B. One-family dwellings.
C. Churches, other places of worship, and accessory buildings.
D. Governmental uses including library, park, playground, community center, offices and garage.
E. Private or semi-public parks, golf courses, country clubs, tennis courts, swimming pools and similar recreational uses, not operated primarily as a commercial use.
F. Public, parochial and private schools.
G. Social or cultural use serving a community need or convenience, not carried on primarily for profit, and including clubs, lodges, fraternities, other service groups in accordance with the provisions of Section 175.29(11).
H. Home occupations.
I. Railroad right-of-ways and trackage, public utility distribution lines and sub-stations serving a local area.
J. Accessory building and uses as provided and regulated herein.
K. Individual or collective private water supply and sewage facilities.
L. Storage of auto trailers, unoccupied mobile homes, camping trailers or boats provided the same are not stored within the front yard of any lot on which a main building is located, or if on a vacant lot shielded from view of the adjacent lots by a six-foot-high, solid-type fence or other equal screening.
2. Building Height Limit. For a residence building 2½ stories, but not exceeding 35 feet in height; for a non-residence building, not exceeding 60 feet in height; and for an accessory structure not exceeding 16 feet in height.
3. Minimum Lot Area. 20,000 square feet for each dwelling together with its accessory buildings, and 20,000 square feet for all other permitted uses.
4. Minimum Lot Width. 100 feet.
5. Minimum Front Yard Depth. 40 feet unless otherwise specified.
6. Minimum Side Yard (Each Side). 12 feet for a one-family dwelling and 15 feet for any other principal building.
7. Minimum Rear Yard Depth. 40 feet for a dwelling and 65 feet for any other building.
8. Off-Street Parking. In accordance with Section 175.28.
9. All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinance and specifications of the City.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-1 District. The C-1 District is intended to provide space for the general retail and professional office uses with special architectural and site development requirements.
1. Permitted Uses.
A. Stores or establishments for the conducting of any retail business provided that all goods offered for sale shall be kept or stored within a fully enclosed building, but including drive-in places with such uses. (See exception in subsection 11.)
B. Shops or establishments for the conducting of any personal or business services provided that such services, where conducted on the premises, are rendered within a fully enclosed building. (See exception in subsection 11.)
C. Banks and other financial establishments.
D. Business and professional offices, hotels, motels and motor lodges.
E. Eating places, restaurants, taverns or any other places serving food or beverages, provided same is conducted within a fully enclosed building.
F. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
G. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
H. Off-street parking and loading areas.
I. Any accessory building customarily incidental and subordinate to one of the above main uses.
2. Building Height Limit. For any use, 40 feet.
3. Minimum Lot Area. No minimum.
4. Minimum Lot Width. No minimum.
5. Front Yard Depth. For any use, 25 feet.
6. Minimum Side Yard Width (Each Side). No minimum, but if a side yard is provided then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where side yard is adjacent to an “R” District it shall be at least 15 feet.)
7. Minimum Rear Yard Depth. No minimum, but if a rear yard is provided then must be at least 5 feet plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where rear yard is adjacent to an “R” District it shall be at least 15 feet.)
8. Off-Street Parking. In accordance with Section 175.28.
9. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse shall be provided.
D. The exterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
10. Site Plan Required. To assure that the layout and location of proposed buildings and other improvements will be in conformity with the purposes and standards set forth for the C-1 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; and (b) topography or selected elevation points to show existing grades and proposed final grades or elevations of buildings.
11. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-2 District. The C-2 District is intended to provide space for retail and professional office uses (other than the C-3 General Commercial District) adjacent to Residential Districts.
1. Permitted Uses.
A. Same uses as permitted and regulated for the R-3 District.
B. Stores or establishments for the conducting of any retail business provided that all goods offered for sale shall be kept or stored within a fully enclosed building, but including drive-in places with such uses. (See exception in subsection 11.)
C. Shops or establishments for the conducting of any personal or business services provided that such services, where conducted on the premises, are rendered within a fully enclosed building. (See exception in subsection 11.)
D. Banks and other financial establishments.
E. Business and professional offices.
F. Hotels, motels and motor lodges.
G. Eating places, restaurants, taverns or any other places serving food or beverages, provided same is conducted within a fully enclosed building.
H. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
I. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
J. Off-street parking and loading areas.
K. Any accessory building customarily incidental and subordinate to one of the above main uses.
2. Building Height Limit. For residence buildings, same as for the R-3 District, for any other permitted principal use, 40 feet; for any accessory building, 16 feet.
3. Minimum Lot Area. For residence buildings, same as for the R-3 District, for any other permitted use, no minimum.
4. Minimum Lot Width. For residence buildings, same as for the R-3 District, for any other permitted use, no minimum.
5. Minimum Front Yard Depth. For residence buildings, same as for the R-3 District; for any other permitted use, 25 feet.
6. Minimum Side Yard Width (Each Side). For any residence building, same as for the R-3 District, for any other permitted use, no minimum, but if a side yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where side yard is adjacent to an “R” District it shall be at least 15 feet.)
7. Minimum Rear Yard Depth. For any residence building, same as for R-3 District; for any other permitted use, no minimum, but if a rear yard is provided then must be at least 5 feet plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where rear yard is adjacent to an “R” District it shall be at least 15 feet.)
8. Off-Street Parking. In accordance with Section 175.28.
9. Site Plan Required. To assure that the layout and location of proposed buildings and other improvements will be in conformity with the purposes and standards set forth for the C-2 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; and (b) topography or selected elevation points to show existing grades and proposed final grades or elevations of buildings.
10. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse shall be provided.
D. The exterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
11. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-3 District. The C-3 District is intended to accommodate the variety of retail stores and related activities which occupy the prime area within the central business district. It is intended that this district not be mapped outside the original business core.
1. Permitted Uses.
A. Same uses as permitted and regulated for the R-3 District.
B. Stores or establishments for the conducting of any retail business provided that all goods offered for sale shall be kept or stored within a fully enclosed building, but including drive-in places with such uses. (See exception in subsection 11.)
C. Shops or establishments for the conducting of any personal or business services provided that such services, where conducted on the premises, are rendered within a fully enclosed building. (See exception in subsection 1.)
D. Banks and other financial establishments.
E. Business and professional offices.
F. Hotels, motels and motor lodges.
G. Eating places, restaurants, taverns or any other places serving food or beverages, provided same is conducted within a fully enclosed building.
H. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
I. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
J. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
K. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry or other similar commercial service not primarily manufacturing in nature.
L. Wholesale and storage uses conducted entirely within a building but not including outdoor storage or fuel or other combustible material.
M. Lumber yard, builders supply yard, machinery storage yard or similar products storage but not including junk yard, salvage or waste material outdoor storage yard.
N. Transportation terminals, product transfer facilities.
O. Off-street parking and loading areas.
P. Any accessory building customarily incidental and subordinate to one of the above main uses.
2. Building Height Limit. For residence buildings, same as for the R-3 District, for any other permitted principal use, no building shall have a height greater than three (3) times the width of the street right-of-way on which it faces.
3. Minimum Lot Area. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
4. Minimum Lot Width. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
5. Minimum Front Yard Depth. For residence buildings, same as for the R-3 District; for any other permitted use, no minimum.
6. Minimum Side Yard Width (Each Side). For any residence building, same as for the R-3 District; for any other permitted use, no minimum, but if a side yard is provided, then must be at least 5 feet, plus 1 foot for each 2 feet in height above 30 feet. (Exception: Where side yard is adjacent to an “R” District it shall be at least 15 feet.)
7. Minimum Rear Yard Depth. For any residence building, same as for R-3 District; for any other permitted use, no minimum, but if a rear yard is provided then must be at least 5 feet 1 foot for each 2 feet in height above 30 feet. (Exception: Where rear yard is adjacent to an “R” District it shall be at least 15 feet.)
8. Off-Street Parking and Loading. In accordance with Section 175.28.
9. Site Plan Required. To assure that the layout and location of proposed buildings and other improvements will be in conformity with the purposes and standards set forth for the C-3 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams, etc. within 200 feet of boundaries of site; and (b) topography or selected elevation points to show existing grades and proposed final grades or elevations of buildings.
10. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse shall be provided.
D. Except as provided in Paragraph E below theexterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
(Paragraph D – Ord. 2289 – Dec. 23 Supp.)
E. As to any “new” construction located in the C-3 Commercial District of “downtown” Boone, Iowa as designated in the Boone Downtown Incentive Fund map shown below, the exterior of a building must be constructed of at least 75% outside facing material of a clay masonry material or approved equal on any side of the building other than the side that faces an alleyway, regardless of whether that side is the front of the building. The Commission shall make the final determination as to which three sides will have the required masonry material.
(Paragraph E – Ord. 2289 – Dec. 23 Supp.)
11. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
12. In the C-3, General Commercial District, downtown district only, 1st floor dwelling units are not allowed within the first 50% of floor area of the front of the building, from the street side; also, indoor storage units shall not be allowed on the 1st floor of any building in the downtown C-3 zoning district in the City of Boone.
(Subsection 12 - Ord. 2257 - Dec. 20 Supp.)
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-4 Commercial District. The “C-4” District is intended to provide for the development of shopping centers. For the purposes of this section, the term “shopping center” means a planned retail and service area under single ownership, management, or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their development is retained by the Council and the Commission. Many matters relating to the shopping center’s design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. It is further intended that in the event of an applicant’s failure to construct a shopping center in accordance with a reasonable time schedule, the Council shall enact the necessary legislation to reclassify the area to another classification consistent with the surrounding neighborhood. Such action would also, because of the reduction in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use.
1. Procedure. The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Council a petition requesting a change to the C-4 zoning district classification. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purpose of meeting the requirements of this section and by evidence of the feasibility of the project and its effects on surrounding property, including each of the following:
A. A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, type or style of architecture, building materials, color or other significant features.
B. An analysis of market conditions in the area to be served including the types and amount of service needed and general economic justification.
C. A traffic analysis of the vicinity indicating the effect of proposed shopping center on the adjacent streets.
D. A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this section.
The development plan shall be referred to the Commission for study and report. 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. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the Council; whereupon, the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this chapter.
2. Standards. Uses permitted in the “C-4” district shall include any use permitted in the “C-1,” “C-2,” or “C-3” districts and as limited by these districts; provided, however, the Council may consider any additional restrictions proposed by the owner. The bulk regulations of the “C-2” district shall be considered minimum for the “C-4” district; however, it is expected that these minimums will be exceeded in all but exceptional situations. Buildings may be erected to heights greater than those allowed in the “C-3” district in accordance with the intent and purpose of this section.
3. Completion. The Council may make the approval of the shopping center plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, in determination of such period, the Council shall consider the scope and magnitude of the project and any schedule or timetable submitted by the developer. Failure to complete the construction and improvements within said period of time shall be deemed sufficient cause for the Council, in accordance with the provisions of Section 175.31, to rezone the subject property to the classification effective at the time of original submission of the shopping center plan, unless an extension is recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the shopping center plan, after approval by the Council, shall be resubmitted and considered in the same manner as the original proposal.
4. Off-Street Parking. In accordance with Section 175.28.
5. Landscaping. A minimum of 15 percent of the area shall be returned as landscaped open space to include such items as walks, trees, shrubs, fountains or other ornamental features.
6. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.
The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the M-1 District.
1. Purpose. The purpose of this district is to provide for the development of selected commercial uses, office and light industrial uses that will be so located and planned as to constitute a well-designed, convenient, and appropriate part of the physical development of the City, encourage sound expansion of the economic base of the City, and otherwise further the general zoning purposes set forth in Section 175.03 of this chapter. This section includes special architectural and site development requirements.
2. Permitted Uses.
A. Eating places, restaurant, tavern or any other place serving food or beverages provided same is conducted within a fully enclosed building.
B. Places of amusement or recreation provided all such activity is carried on inside a fully enclosed building, but including places where food and beverages are served to patrons in parked automobiles.
C. Gasoline filling station, automobile sales lot, mobile home sales lot, automobile washing facility.
D. Cabinet making or carpenter shops; plumbing, heating, ventilating or air conditioning supply shops; electrical shop; printing, binding or publishing shop or firm; tinsmith, sheet metal or ornamental iron shop but not including heavy structural iron or steel fabricating shop; or similar commercial shop not primarily manufacturing in nature.
E. Bottling works, automobile body repairs, cleaning and dyeing plant, processing of dairy or egg products, frozen food lockers, laundry, or other similar commercial service not primarily manufacturing in nature.
F. Wholesale and storage uses conducted entirely within a building but not including outdoor storage of fuel or other combustible material.
G. Manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, candy, cosmetics, pharmaceuticals, toiletries, food products except fish, sauerkraut, vinegar, yeast, refining of fats and oils or other similar high odor level activity.
H. Manufacture, compounding, assembling, or treatment of articles or merchandise from certain natural or previously prepared base materials such as, but not limited to, cloth, cellophane, cork, felt, fiber, glass, leather, paper, plastics, metals or stones, shell, wax, yarns and wood, but excluding heavy manufacturing, assembling or treatment using these materials such as a large metal stamping mill, large structural steel fabricator, saw or planing mill, or other similar high noise level activity.
I. Manufacture of pottery or other ceramic products using only previously prepared clay, and kilns fired only by electric or gas heat sources.
J. Manufacture, processing, or assembling of hardware and cutlery, novelties and gadgets, electrical appliances and products, electronic devices and products, professional and musical instruments, business machines.
K. Tool, die, gauge and other small product oriented machine shops.
L. Research laboratory; experimental, product development and testing, engineering development, or similar research oriented facility.
M. Administrative offices, motel.
N. Off-street parking and loading areas.
O. Any accessory building customarily incidental and subordinate to one of the above main uses.
P. No dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.
3. Building Height Limit. For any permitted use, a main building shall not exceed 45 feet in height, except that for each one foot that the nearest portion of the building is set back beyond the required front, side and rear yards, one foot may be added to the height limit of such buildings or portion thereof, provided that no building shall exceed 90 feet in height; for any accessory building, 16 feet.
4. Minimum Lot Area. For any permitted use, no minimum.
5. Minimum Lot Width. For any permitted use, no minimum.
6. Minimum Front Yard Depth. For any permitted use, 25 feet.
7. Minimum Side Yard Width (Each Side). For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
8. Minimum Rear Yard Depth. For any permitted use, 15 feet, plus 1 foot for each 2 feet in height above 30 feet.
9. Off-Street Parking. In accordance with Section 175.28, except that the Council may increase or decrease the parking requirements by not more than 25 percent where the amount of vehicular traffic and/or number of customers or employees to a particular site or use warrants an increase or decrease in the amount of off-street parking spaces from the normal requirement as set forth.
10. Other Standards. Uses to be developed along the lot or project boundary lines shall not be in conflict with existing uses on adjacent or opposite properties. To this end the City may require that uses of least intensity, increased yard space, or buffer screening or fencing be located nearest the borders of the lot or project with said existing uses. Suitable screening or landscaping shall be provided along all adjacent residence boundaries to protect said properties from increased noise, glare of lighting, or other similar nuisance from the adjacent business or industrial use.
11. Site Plan Required. To assure that the layout and location of proposed commercial, office or light industrial uses in any M-1 Planned District will be in conformity with the purposes and standards set forth for M-1 District, a site plan shall be submitted showing the proposed use and development of the site for approval by the Council after review and recommendation by the Commission. The site plan shall have scale accuracy and shall show the following:
A. Location, use, and height of buildings.
B. Location and improvement of parking and loading areas.
C. Location, improvement and grade of all access driveways.
D. Location of all existing and proposed underground utility lines and appurtenant structures.
E. Layout, dimensions and markings for parking spaces.
F. Location and improvement of sidewalks, location and markings of all pedestrian ways within parking area.
G. Location and size of all outdoor signs.
To properly orient the site plan to adjacent properties and uses and to the physical features of the site, the accompanying information shall be submitted. The applicant may choose to show this information on the site plan or on a separate map: (a) area map showing all properties, streets, easements, streams etc. within 200 feet of boundaries of site; (b) topography or selected elevation points to show existing grades, and proposed final grades or elevations of buildings.
12. Construction Requirements.
A. Landscaping of a site may be required including the use and approval of planting materials used on the site. The vegetation initially planted must be nurtured and all dead stock regularly replaced.
B. Around loading areas, material holding, and/or assembly or processing areas, a sight tight durable fence or wall must be provided.
C. Around refuse holding locations a sight tight enclosure that will also prevent scattering of refuse, shall be provided.
D. The exterior of the front of a building must be constructed of at least 30% outside facing material of a clay masonry material or approved equal. In the event a dispute arises as to which wall constitutes the front of the building, the decision shall be made solely by the Commission by considering what the general public would regard as the front of the building. Where the main entrance to the building is located and the address side shall be only two factors in making this determination. If the building is bordered on more than one side by public right-of-way, and has more than one entrance, the Commission shall make the final determination as to which side will have the required masonry material.
Loading...