1. Use of land, buildings and structures regulated.
a. Land, buildings and structures within the city may be used for any of the purposes, functions or uses specifically permitted in the zoning district in which said land, building or structure is located; no land shall hereafter be used, nor shall any building or structure hereafter be erected, altered or converted, which is designed or arranged for uses other than those specified for the zoning district in which said land, building or structure is located, as set forth in the regulations for each zoning district, which follow.
b. All land, buildings, structures or appurtenances located thereon within the city which are hereafter used, erected, altered, removed, demolished, converted or occupied, shall be used, erected, altered, removed, demolished, converted or occupied in conformance with the provisions prescribed for the zoning district in which such land, building, structure or appurtenance is located.
A-1 AGRICULTURAL RESIDENTIAL
1. Purpose. This district is intended to preserve land for agricultural and related residential commercial uses, prevent premature suburban development and expensive extension or municipal utilities.
2. Parking.
A-1 Agricultural Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
A-1 Agricultural Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
a. | General farming and other agricultural activities which are not in conflict with other ordinances of the municipality | None |
b. | Single-family farm or ranch home on (minimum) 5-acre lot | None |
c. | Mobile home converted to real estate on (minimum) 5-acre lot, provided such homes comply with municipal ordinances | None |
d. | Parks, recreation or play areas | 5 spaces for each acre developed for active usage |
e. | Fairgrounds or rodeo areas | 25 spaces plus 1 space for every 4 seats in the main stadium or auditorium |
f. | Elementary or secondary schools | 1 space per classroom and office plus 1 space for every 6 seats in main auditorium or stadium |
g. | Churches and religious temples | 1 space per 4 seats in auditorium |
h. | Golf courses and country clubs, except miniature golf courses or commercial driving range | 3 spaces per green or 1 space for every 100 square feet of clubhouse per green or 1 space for every 100 square feet of clubhouse floor area, whichever is greater |
i. | Community-wide or neighborhood meeting or recreation buildings | 1 space for every 50 square feet of floor area |
3. Permitted accessory uses and structures. Subject to the provisions of this chapter, the following accessory uses and structures are permitted in the A-1 Agricultural Residential District:
a. Farm buildings directly related to agricultural uses;
b. Private garages;
c. Private swimming pools and tennis courts;
d. Private green houses not operated for commercial purposes;
e. Uses and structures clearly incidental and necessary to the permitted principal uses or structures of this district which do not involve the conduct of business other than “home occupations” on the premises;
f. Temporary buildings used in conjunction with construction work; provided that such buildings are removed promptly upon completion of said construction work;
g. Commercial stands, operated on a temporary or seasonal basis; provided that such stands, as well as the surrounding area, are properly maintained, free from trash, weeds and debris, throughout the entire year; and
h. Carports may be permitted provided they comply with the requirements and provisions in the R-2 (Single-Family Residential District) permitted accessory uses and structures, in this chapter.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter the Planning and Zoning Commission may permit the following uses and structures on review:
a. Sanitary landfill or waste disposal area: provided that:
(1) Refuse shall be covered daily with dirt;
(2) Smoke, odor or blowing trash or debris shall not be allowed to create a public nuisance;
(3) The operator agrees in writing to restore the site to a condition compatible with the adjacent area upon conclusion of the landfill operation;
(4) A gravel access road, as a minimum be provided;
(5) At least five parking spaces be provided; and
(6) No landfill or waste disposal area shall be located closer than one-quarter mile to any dwelling, park, school, church or place of public assembly.
b. Public buildings, utilities and railroads (but not including unscreened equipment storage and maintenance yards, or general administrative and sales offices); provided that:
(1) Any building or substation shall meet the front and rear yard setback requirements for dwellings in the R-2 Single-Family Residential District, and provide side yard setbacks of at least 25 feet; and
(2) At least two parking spaces per substation plus one parking space per employee at the site be provided.
c. Communications stations and towers; provided that:
(1) They shall not be closer to a dwelling or place of public assembly than a distance equal to one-half their height;
(2) The height and location of such structures shall not interfere with the operation of any airport or landing strip; and
(3) At least one parking space per employee at the site and one parking space for each at the site and one parking space for each vehicle used by the facility be provided.
d. Animal hospitals or dog kennels; provided that:
(1) Such uses comply with all municipal codes and ordinances relating thereto; and
(2) They comply with requirements for such uses outlined in the I-1 Industrial District, of this chapter.
e. Airfields, airports and landing strips;
f. Public stables; provided that such uses comply with all municipal codes and ordinances relating thereto;
g. Oil or natural gas drilling operations, or the extraction of minerals; provided that the operation is conducted in accordance with all municipal codes, ordinances and state laws relating thereto;
h. Cemeteries or mausoleums; and
i. Child or day care centers; provided that they are in compliance with provisions for such uses outlined in the R-3 Mixed Residential District, of this chapter.
A-1 Agricultural Residential | ||
Minimum Lot Area and Width | Minimum Required Front Side and Rear Yard Setbacks | Maximum Height |
Minimum lot area for residential uses: 5 acres | None | None |
5. Special requirements. All signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, the area shall be restored to a condition free from refuse, rubble or debris.
R-1 LOW DENSITY RESIDENTIAL
1. Purpose. This district is intended to provide minimum standards for low-density, planned, single-family residential development on lands outside of the major drainage basin which provides “gravity flow” capabilities for the community’s sewage collection and disposal system. Additional objectives of this district are to control sprawl and “leap-frog” development, prevent the depletion of ground water reserves through encouraged use of the municipal water system, ensure adequate fire protection, eliminate septic system pollution and provide adequate utility, roadway and drainage easements for present and future use in the area.
2. Parking.
R-1 Low Density Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
a. | Single-family dwelling | 2 spaces |
b. | General agricultural crops, but not the raising of farm animals or poultry | None |
c. | Neighborhood meeting or recreation building(s) | 1 space for every 50 square feet of floor area. |
d. | Parks, playground or recreation area | 4 spaces for each acre of developed for active use |
e. | Elementary schools | 1 space per classroom/office plus 1 space per 6 seats in the main auditorium |
3. Permitted accessory uses and structures. Subject to the provisions of this and other municipal codes and ordinances, the following accessory uses and structures are permitted in the R-1 Low Density Residential District:
a. One guest house per principal residential structure;
b. Private garages; provided that;
(1) Such structures shall not encroach upon the front, side or rear yard setback requirements of the principal or main structures in this district; and
(2) Such structures shall not encroach upon any utility, street or alley easement.
c. Private swimming pools and tennis courts and recreation and play areas, either individually owned or operated on a non-profit basis primarily for area residents;
d. Private pump house;
e. Private green houses (not operated for commercial uses) and gardens or areas for the raising of agricultural crops (but not areas for the raising of livestock).
f. Temporary buildings used in conjunction with construction work; provided that such buildings are removed promptly upon completion of said construction work;
g. Uses and structures clearly incidental and necessary to the permitted principal uses and structures of this district; provided that:
(1) Such structures and uses shall not involve the conduct of business (except “home occupations”) on the premises;
(2) Such structures and uses shall not include barns or sheds for the keeping of livestock or other agriculturally-related machinery or material;
(3) Such structures and uses shall not encroach upon the front yard setback requirements of the principal or main structures in this district;
(4) Such structures shall setback not less than five feet from the side lot lines;
(5) Such structures shall setback not less than five feet from the rear lot lines;
(6) Such structures shall setback not less than ten feet from the principal or main structure; and
(7) Such structures shall not encroach within one foot upon any utility easement.
h. Carports may be permitted provided they comply with the requirements and provisions in the R-2 (Single Family Residential District) permitted accessory uses and structures, in this chapter.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter the Planning and Zoning Commission may permit the following uses and structures on review:
a. Golf courses and clubs (but not miniature golf courses or commercial driving ranges operated separately from golf courses); provided that off-street parking is in conformance with requirements for such uses outlined in the A-1 Agricultural Residential District;
b. Public utility or facility buildings (but not including open equipment storage, maintenance yards or general administrative and sales offices); provided that:
(1) Any building, structure or substation shall meet the front and rear yard setback requirements for single-family dwellings in this district, and shall provide side yard setbacks of not less than 25 feet; and
(2) Two parking spaces per structure or per one employee on the site, whichever is the greater, shall be provided.
R-1 Low Density | |||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height | |
R-1 Low Density | |||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height | |
Single-Family Dwelling | |||
Area | 1 acre | Front - all lots - 40 feet; (double street frontage shall provide a front yard setback on both streets) | 2.5 stories or 35 feet |
Width | 150 feet at the building line; all lots shall abut a public street for a minimum distance of 50 feet | Rear - 30 feet | |
Side Interior lot or side - 25 feet; Street side corner lot - 40 feet | |||
Schools, Public and Other Buildings | |||
Same as for single-family dwellings | Front - 45 feet Rear - 35 feet Side - 30 feet | 2.5 stories or 35 feet | |
5. Special requirements.
a. Hedges, shrubbery or bushes of more than three feet in height shall not be planted, placed or maintained on a corner so as to restrict the vision of drivers, persons on bicycles or pedestrians. (This type of unobstructed area is commonly referred to as a “sight triangle”.)
b. All signs, including temporary signs, shall be maintained in a neat and presentable condition and, in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and trash.
R-2 SINGLE-FAMILY RESIDENTIAL
1. Purpose. This district is intended to provide minimum standards for predominantly single-family residential development located within the city’s major drainage basin, accompanied by related recreational, religious and educational facilities. Primary objectives of the regulations in this district are to protect stable residential neighborhoods from uses which do not contribute to a residential environment and to encourage planned, contiguous development.
2. Parking.
R-2 Single Family Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
R-2 Single Family Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
a. | Single-family dwelling | 2 spaces per dwelling |
b. | Community-wide or neighborhood meeting or recreation building | 1 space for every 50 square feet of floor area |
c. | Park, playground or recreation areas | 5 spaces for each acre developed for active use |
d. | Elementary or secondary schools | 1 space per classroom/office, plus 1 space per 6 seats in the main auditorium or stadium |
e. | Churches or religious temples | 1 space for every 4 seats in the main auditorium |
f. | Funeral parlors | 1 space for every 4 seats in the main auditorium |
g. | Scattered-site public housing | 2 spaces per dwelling |
h. | Rooming or boarding houses (not to include hotels or motels) | 1 space for every 2 beds |
i. | Nursing homes on sites of less than 1 acre | 1 space per employee, plus 1 space for every 2 beds |
j. | Medical clinics and facilities on sites of less than 1 acre | 1 space for each employee, plus 6 spaces |
3. Permitted accessory uses and structures. Subject to the provisions of this and other municipal ordinances, the following accessory uses and structures are permitted in the R-2 Single-Family Residential District:
a. Private garages and garage apartments; provided that:
(1) Such structures shall observe the same front, side or rear yard setback requirements as principal or main structures in this district; and
(2) Such structures shall not encroach upon any utility, street or alley easement.
b. Private swimming pools and tennis courts;
c. Private green houses (not operated for commercial purposes) and gardens or areas for the raising of agricultural crops (but not areas for the raising of livestock);
d. Temporary buildings used in conjunction with construction work; provided that such buildings are removed promptly upon completion of the construction work;
e. Carports; provided that:
(1) A carport may be permitted on the side of a structure provided it is located at least five feet from the side property line of an interior lot. A carport may be permitted on a side property line on a corner lot provided that it is located at least 15 feet from the intersecting street. If the corner lot is back to back with another corner lot, a setback of at least 20 feet from the intersecting street is required;
(2) All carports shall comply with the front yard setback requirements of this Chapter 15, provided that carports used in conjunction with single-family dwellings or two-family dwellings located only on local residential streets as defined by the subdivision, shall be permitted to extend into the required front yard setback area. However, no such carport shall be closer than 11.5 feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such carports extend past the property line into the street right-of-way nor interfere with the existing sidewalks, sight triangle or fire hydrants. This provision does not give a landowner any legal right to the right-of-way, and the city shall be held harmless with respect to any future use of the right-of-way by the city or utility company;
(3) Under no circumstances shall any carport used in conjunction with a single-family dwelling or two-family dwelling exceed 26 feet in width. All wide measurements shall be from eaves line to eaves line. No more than one carport shall be permitted for each dwelling unit;
(4) All carports behind the building limit line shall be permanently open on two sides from grade surface to the eaves line. All carports which extend into the required front yard setback and abut the main structure shall be permanently open on three sides from the grade surface to the eaves line; and
(5) No person shall erect, install or construct a carport without first obtaining a building permit. All carports shall be kept in an attractive state, in good repair, and in a safe and sanitary conditions.
f. Uses and structure clearly incidental and necessary to the permitted principal uses and structures in this district (including storage sheds and similar structures), not involving the conduct of business on the premises (except legal “home occupations”) and located on the same lot or a contiguous lot under the same ownership; provided that:
(1) Such structures shall not encroach upon the front yard setback requirements of the principal or main structures in this district;
(2) Such structures shall be set back not less than five feet from the side lot lines;
(3) Such structures shall be set back not less than five feet from the rear lot line;
(4) Such structures shall set back not less than ten feet from the principal or main structure; and
(5) Such structures shall not encroach within one foot upon any utility easement.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter, the Planning and Zoning Commission may permit the following uses and structures on review:
a. Nursing and convalescent homes and hospitals on sites of more than one acre; provided that:
(1) Front, side and rear yard setbacks shall be comparable to similar institutional uses permitted in this district; and
(2) Off-street parking shall be provided as required for similar institutional uses permitted in this district.
b. Golf courses and clubs (but not miniature golf courses or commercial driving ranges operated separately from golf courses).
c. Neighborhood commercial uses (such as neighborhood grocery stores or bakeries); provided that:
(1) No outside storage is permitted;
(2) Yard setback and height restrictions shall be in accordance with the requirements for schools, churches and other public or institutional facilities permitted in this district;
(3) Restrictions on accessory uses and structures permitted in this district shall be adhered to; and
(4) Parking requirements shall be in accordance with the requirements for similar uses in the C-1 General Commercial District.
R-2 Single-Family Residential | |||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height | |
R-2 Single-Family Residential | |||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height | |
Single-Family Dwelling (or Other Non-Institutional Uses) | |||
Area | 6,500 square feet | Front Interior lot - 25 feet Corner lot, home facing same direction as other homes on block - 25 feet Corner lot, home facing side street w/driveway in front - 25 feet Corner lot, home facing side street w/driveway through rear or either side - 15 feet | 2.5 stories or 35 feet |
Width | 50 feet at the building line | Rear - 30 feet | |
Side One story - 5 feet Two or more stories - 20 feet Street side, corner lot, home facing same direction as other homes on block - 15 feet Street side, corner lot, home facing side street - 25 feet | |||
Schools, Public and Other Public or Institutional Buildings | |||
Same as for single-family dwellings | Front - 35 feet Rear - 35 feet Side - 20 feet Street side, corner lot - 25 feet | 2.5 stories or 35 feet | |
5. Special requirements.
a. Hedges, shrubbery or bushes of more than three feet in height shall not be planted, placed or maintained on a corner so as to restrict the vision of drivers, persons on bicycles or pedestrians.
b. All signs, including temporary signs, shall be maintained in a neat and presentable condition and, in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and trash.
R-3 MIXED RESIDENTIAL
1. Purpose. This district is intended to provide for medium and high population density and to help establish, preserve or stabilize existing or developing neighborhoods whose basic structure involves a mixture of single-family and multi-family residential units. Certain uses which are compatible with more intensive residential uses are also permitted and greater flexibility is encouraged in promoting rehabilitation and re-use of existing structures, utilities and facilities.
2. Parking.
R-3 Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
R-3 Residential | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
a. | Any use permitted in the R-2 Single-Family Residential District | Same as in R-2 District |
b. | Two-family dwellings | 2 spaces per dwelling unit |
c. | Multiple-family dwellings | 2 spaces per dwelling unit |
d. | Mobile homes (but not a mobile home park or tourist trailer camp) | 2 space per dwelling unit |
e. | Public housing developments | 1 space per dwelling unit |
f. | Public buildings and utilities (but not storage, construction, maintenance or repair yards or buildings | 6 spaces, plus 1 space for every employee |
3. Permitted accessory uses and structures. Subject to the provisions of this and other municipal ordinances, the following accessory uses and structures are permitted in the R-3 Mixed Residential District:
a. Accessory uses and structures clearly incidental and necessary to the permitted principal uses of structures in the R-2 Single-Family Residential District or R-3 Mixed Residential District, not involving the conduct of business on the premises (except legal “home occupations” and located on the same lot or a contiguous lot under the same ownership; and
b. Carports may be permitted provided they comply with the requirements and provisions in the R-2 (Single Family Residential District) permitted accessory uses and structures, in this chapter.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter, the Planning and Zoning Commission may permit the following uses and structures on review:
a. Railroad and public utility buildings (but not open equipment storage or maintenance yards or general administrative and sales offices); provided that:
(1) Any building, structure or substation shall meet the front and rear yard setback requirements for single-family dwellings, and shall provide side yard setbacks of not less than 25 feet; and
(2) Two parking spaces per substation or per one employee on the site, whichever is the greater be provided.
b. Public and private utility and communications stations and towers; provided that:
(1) They shall not be closer to a dwelling or place of public assembly than a distance equal to one-half their height;
(3) Their height and location shall not interfere with the operation of any airport or landing strip; and
(3) One parking space per employee and one parking space for each vehicle used by the facility be provided.
c. Child-care centers; provided that:
(1) They be located in a single-family dwelling which is the permanent residence of the operator, or be located within a multi-purpose building which is used for religious or educational purposes or is part of a public housing development;
(2) They be operated in a manner that will not alter the residential character of the neighborhood or adversely affect property values;
(3) They be located on a lot having not less than 6,500 square feet of total area, with a minimum outdoor play area (if available) of 75 square feet per child, enclosed by a suitable fence;
(4) They meet City-County Health Department requirements as to safety, design, facilities and equipment; and
(5) Adequate off-street parking area is provided to minimize the adverse effects of increased traffic on the surrounding residential environment.
d. Home beauty shop located in a residential dwelling; provided that such shop is operated within the main dwelling only, by the residents thereof;
e. Lodges, fraternities and sororities, except those whose chief activity is a service customarily carried on as a business or commercial operation; and
f. Off-street parking lots associated with a use permitted in a residential or commercial district.
R-3 Mixed Residential | ||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height |
R-3 Mixed Residential | ||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height |
Single-Family Dwelling (or Other Non-Institutional Uses) | ||
Area - 6,500 square feet | Same as the R-2 Single-Family Residential District requirements | 2.5 stories or 35 feet |
Width - 50 feet at the building line | ||
Two-Family Dwellings | ||
Area - 9,600 square feet | Same as the R-2 Single-Family Residential District requirements | 2.5 stories or 35 feet |
Width - 80 feet at the building line | ||
Multi-Family Dwelling | ||
Area - 7,200 square feet for the first unit, plus 1,500 square feet for each additional unit up to 12 and 750 square feet for each additional unit over 12 | Same as the R-2 Single-Family Residential District requirements | 2.5 stories or 35 feet |
Schools, Churches or Other Public Institutional Buildings | ||
Same as the single-family dwelling requirements | Front - 35 feet Rear - 35 feet Side - 20 feet Street site, corner lot - 25 feet | 2.5 stores or 35 feet |
5. Special requirements.
a. Hedges, shrubbery or bushes of more than three feet in height shall not be planted, placed or maintained on a corner so as to restrict the vision of drivers, persons on bicycles or pedestrians.
b. All signs, including temporary signs, shall be maintained in a neat and presentable condition and, in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and trash.
P-1 PLANNED REDEVELOPMENT
1. Purpose. This special district is intended to encourage, promote and facilitate residential redevelopment within older areas and neighborhoods of the developed community. Use of this district shall be limited to areas delineated for coordinated redevelopment efforts by the local governing body. In order to accommodate such efforts, the primary emphasis on overall land use comparability, parking and access provisions, landscaping and building location. The minimum size land tract for which this district may be used is one acre; the maximum size land tract for this district’s use is ten acres.
2. Procedures. The municipal governing body is hereby authorized to rezone land to the P-1 Planned Redevelopment District, if the procedures outlined in § 15-38 are followed and the special requirements provisions in this district are met.
3. Special requirements. Use of the P-1 Planned Redevelopment District, may be authorized when all of the following provisions are complied with.
a. Minimum site size. The minimum size of the site upon which a planned redevelopment project may be located shall be not less than one acre.
b. Maximum site size. The maximum size of the site upon which a planned redevelopment project may be located shall be not more than ten acres.
c. Neighborhood redevelopment plan. Before any rezoning effort can be initiated (by the private or public sectors), the City Council must prepare and officially adopt a “Neighborhood Redevelopment Plan” for the area of the community for which the rezoning is sought. This plan shall include studies of the area’s existing situation, problems and potential, and shall provide detailed land use, circulation, utility, facility, housing, recreation and natural features studies as the bases for planned redevelopment strategies, proposals and projects for the area. Funding sources, both public and private, are to be identified and explained within the plan. The plan shall be designed to eliminate land use problems which contribute to neighborhood deterioration, improve the effective and efficient use of neighborhood traffic ways, utilities and recreation areas, eliminate drainage problems and promote housing redevelopment and rehabilitation efforts in the area. Implementation of the redevelopment plan shall be carried out by the municipality or under the direct supervision of the municipality.
d. Lot requirements. Minimum lot size, width, height and setback requirements shall be the same as in the R-3 Mixed Residential District; the Planning Commission may, however, recommend to the City Board of Trustees that these requirements be waived if the redevelopment plan includes viable proposals for clustered dwelling units or other innovative housing types.
e. Off-street parking. Off-street parking requirements shall be the same as for uses permitted in residential districts, except that they may be met by the use of common parking facilities.
f. Redevelopment plan amendments. Any significant amendment or change to the adopted neighborhood redevelopment plan must be reviewed by the City Council and formally adopted by said governing body. Formal amendments shall be required before any changes are made during the implementation of the plan.
g. Time limit. There shall be no time limit placed upon the initiation of the redevelopment proposals for land rezoned for the P-1 Planned Redevelopment District.
h. Subdivision regulations. If replatting of lots, blocks or any easements is required by the neighborhood redevelopment plan, or if street or alley vacations are involved in the redevelopment program, the requirements of any existing and future subdivision regulations adopted by the municipality shall be in effect, subsequent to the final approval of the rezoning request.
P-2 PLANNED UNIT DEVELOPMENT
1. Purpose. This special district is intended to provide for planned, unified development incorporating a single type or a variety of residential and related uses. Such developments may consist of individual lots or common building sites, but it is not the purpose of the district to allow different uses or a greater dwelling unit density than would be allowed in the otherwise applicable residential district. Use of the Planned Unit Development District is primarily to allow flexible design while maintaining consistency with the community’s comprehensive plan.
2. Procedures. The municipal governing body is hereby authorized to rezone land for use as a planned unit development, if the following procedures (and related standards) are met:
a. Application for rezoning of land to the P-2 Planned Unit Development District, shall be submitted in accordance with the procedures set forth in § 15-38.
b. Prior to submitting its recommendation to the City Council, the Planning Commission shall review the rezoning proposal using the following criteria:
(1) Consistency with the community’s comprehensive plan;
(2) Compatibility of the proposal with existing and future development in adjacent areas; and
(3) Compliance with the provisions and standards included in the special requirements section for this district.
3. Special requirements. Use of the P-2 Planned Unit Development District may be authorized when all of the following provisions are complied with.
a. Minimum site size. The minimum size of the site upon which a residential planned unit development may be located shall be not less than ten acres.
b. Design characteristics. The proposed development shall be planned and designed as a unified residential area, compatible with existing and projected uses in the surrounding areas and considerate of existing vegetation, soils, topography and drainage ways. The development shall encourage efficiency in the street and utility networks and extensive and creative use of open spaces through flexible design standards. All uses must be “permitted uses” (i.e., principal uses, accessory uses or uses permitted on review) in residential zoning districts. Overall dwelling unit density of the proposal development shall not exceed the density which would be attained if the same area were to be developed using a minimum lot area of 6,500 square feet.
c. Development plan. The applicant shall submit a development plan in support of his or her rezoning application for the use of the P-2 Planned Unit Development District, which plan shall include total acreage, structure locations, sizes, elevations and floor plans, driveway and parking areas and dimensions, lot and yard areas and dimensions, a drainage plan, open space and recreation areas and overall dwelling unit density. Water and sewer plans shall also be provided, indicating the overall requirements of the development for appropriate linkage to the municipal water and sewer systems. The development plan may provide for staged development of the project and shall so indicate on the plan.
d. Lot requirements. There shall be no minimum lot size, width, height or setback requirements within the P-2 Planned Unit Development District.
e. Off-street parking. Off-street parking requirements shall be the same as for permitted uses in residential districts, except that they may be met by the use of common parking facilities.
f. Plan changes. Any deviation from the approved plan shall constitute a violation of the rezoning and must be re-submitted for review following the same procedures required for the original plan.
g. Time limit. Construction of the development shall be started within two years of the date of plan approval by the City Council. Failure to begin within the said two years shall void the development plan and shall cause the land to revert to the zoning district which existed immediately preceding the last rezoning.
h. Homes association. If other satisfactory arrangements for improving, operating and maintaining streets, common parking and open space areas, drives, service areas and utilities have not been made with the municipality, a homes association shall be created, in accordance with accepted procedures and financial requirements.
i. Subdivision regulations. The requirements of any existing and future subdivision regulations adopted by the municipality shall be met by the applicant for a planned unit development subsequent to the approval of said applicant’s rezoning request. This shall include the preparation and approval of preliminary and final plats in developments meeting the definition of a “subdivision” according to said subdivision regulations.
C-1 GENERAL COMMERCIAL
1. Purpose. This district is intended to provide for the normal range of commercial services within the community in such a manner that the district will accommodate both quick-stop and longer visit shopping, as well as provide for additional retail, cultural and entertainment trade. Additionally, district regulations are intended to minimize traffic congestion and noise, provide adequate and controlled parking and expansion area, allow safe pedestrian movement, minimize adverse impacts on residential areas, encourage improved commercial site design and layout, promote the re-use and development of existing commercial structures, encourage improved visual quality in commercial development and promote the location of compatible office uses within suitable commercial areas.
2. Parking.
C-1 General Commercial | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
C-1 General Commercial | ||
Permitted Principal Uses and Structures | Minimum Required Off-Street Parking | |
a. | Automotive display, sales, service and repair | 1 space for every 300 square feet of sales, service or office floor area |
b. | Farm implement display, sales, service and repair | 1 space for each employee plus 1 space for each vehicle used by the industry |
c. | Boats, motors, travel trailers and mobile home display, sales, service and repair | 1 space for each employee plus 1 space for each vehicle used by the industry |
d. | Restaurant, night club, café or tavern | 1 space for every 10 square feet of floor area |
e. | Drive-in theater | Storage lanes outside of ticket booth to accommodate 10% of the theater capacity |
f. | Hotels and motels | 1 space per unit |
g. | Clubs and lodges | 1 space per unit |
h. | Dwelling unit above a store or shop | 1 space per unit |
i. | Regular or traditional grocery stores or markets | 1 space for every 150 square feet of floor area |
j. | Quick-stop type grocery stores | 1 space for every employee, plus 3 spaces |
k. | Personal services | 1 space for each employee plus 6 spaces |
l. | Business and professional offices and studios | 1 space for each employee plus 6 spaces |
m. | Medical, dental, chiropractic clinics | 1 space for each employee plus 6 spaces |
n. | Public buildings and utilities (but not including storage or maintenance yards or buildings) | 1 space for each employee plus 6 spaces |
o. | General sales, service and repair shops | 1 space for each employee plus 6 spaces |
p. | Public garages, storage garages and parking lots | Not applicable |
q. | Commercial amusements | 1 space for each employee, plus 1 space for each 100 square feet of sales, display, office or amusement area |
r. | Wholesale display and salesrooms | 1 space for each employee, plus 1 space for each 100 square feet of sales, display, office or amusement area |
s. | Principal uses and structures, except for Single-Family residential, permitted in the R-2 Single Family Residential and R-3 Mixed Residential District; provided that requirements and restrictions for the applicable Residential District are complied with | |
t. | For all uses not covered in subsections 2.a. through 2.s. above, the Planning Commission shall make a determination of the parking demand to be created by the proposed use, and the amounts of parking thus determined shall be the off-street parking requirement for the permitted use | |
3. Permitted accessory uses and structures. Subject to the provisions of this and other municipal ordinances, the following accessory uses and structures are permitted in the C-1 General Commercial District: uses and structures (including storage warehouses) clearly incidental and necessary to the permitted principal uses of structures in this district.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter, the Planning and Zoning Commission may permit the following uses and structures on review:
a. Public and private utility or contractor equipment and material storage and maintenance yards or buildings; provided that any stored material or equipment shall be within a building or enclosed by a six-foot high fence or suitable landscaping to screen the materials or equipment from the view of adjacent public streets, parks, recreation areas and residential properties; and
b. Principal uses and structures permitted in the R-2 Single-Family Residential and R-3 Mixed Residential Districts; provided that:
(1) Each request for a use permitted on review shall be for one principal structure, lot, building or use only; and
(2) Minimum requirements for off-street parking, yard setbacks, lot area and width, and maximum height restrictions for the applicable residential district are complied with.
c. Miniwarehouses, as defined in the zoning regulations for I-1 Industrial subsection 4.g. of permitted principal uses and structures in the Industrial District zoning classification.
C-1 General Commercial | ||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height |
Commercial Uses: | Commercial Uses: | 4 stories or 50 feet |
No minimum lot area and width | (a) Where apartments are above a store or shop, a rear yard setback of 20 feet shall be provided, and where adjacent to a residential district, a front or side yard setback of 10 feet and a rear yard setback of 20 feet shall be provided; | |
(b) All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of 25 feet from the right-of-way line or 75 feet from the centerline of the right-of-way easement, whichever is greater; and | ||
(c) When a yard has double frontage, the front yard requirements shall be complied with on both streets | ||
5. Special requirements.
a. Advertising signs, billboards and trade, business or industry identification signs, related to the principal structure or use, shall not:
(1) Project above the height of the building; or
(2) Be located in, overhang or project into a residential yard.
b. Lighted signs shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district;
c. All signs and billboards, including temporary signs, shall be maintained in a neat and presentable condition; in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and rubbish;
d. All parking spaces required under the provisions of this district, excluding all religious and non-profit entities, shall be pavement and maintained in a manner such so that no dust will result from continued use. Commercial parking lots built of asphalt and commercial parking lots built of concrete shall be built in accordance with the specifications set forth on Exhibit “A” which is attached hereto, and incorporated herein by referenced;
e. Driveway requirements for driveways in Commercial District C-1 shall be as set forth in Figures 1, 2, 3 and 4 which are attached hereto, and incorporated herein by reference.
Exhibit “A”
Commercial Parking Lot Design (Asphalt)
Commercial Parking Lot Concrete Design
Figure 1: Typical Detail
Parcels Using Two or More Driveways
Figure 2: Typical Detail
Parcels Limited to One Driveway
Figure 3: Typical Details of Curb Radii
Figure 4: Driveway Requirements Commercial District C-1
Frontage | Max. No. Curb Openings | Min. and Max. Widths | Max. No. Curb Openings | Min and Widths |
Frontage | Max. No. Curb Openings | Min. and Max. Widths | Max. No. Curb Openings | Min and Widths |
60 feet or less | 1 | 10 feet to 22 feet | 1 | 25 feet to 35 feet |
61 feet to 70 feet | 2 | 10 feet to 38 feet | 1 | 25 feet to 35 feet |
71 feet to 80 feet | 2 | 10 feet to 38 feet | 1 | 25 feet to 35 feet |
81 feet to 90 feet | 2 | 10 feet to 38 feet | 1 | 25 feet to 35 feet |
91 feet to 100 feet | 2 | 10 feet to 38 feet | 1 | 25 feet to 35 feet |
101 feet to 300 feet | 2 | 10 feet to 38 feet | 2 | 20 feet to 35 feet |
301 feet to 700 feet | 3 | 10 feet to 38 feet | 2 | 20 feet to 35 feet |
701 feet to 1,400 feet | 4 | 10 feet to 38 feet | 4 | 20 feet to 35 feet |
1,401 feet and over | 4 | 10 feet to 38 feet | 1/350 feet of major fraction | 20 feet to 35 feet |
6. Landscaping and screening.
a. Whenever a C-1 (General Commercial District) interior, side, or rear district line abuts a residential zoning district, the commercial activity, including accessory uses, shall be screened by a opaque ornamental fence or wall not less than six feet not more than eight feet high. The screening shall be well maintained.
b. When an alley is located between a C-1 General Commercial District and a residential district, screening may be place on the residential zoned side of an alley abutting the C-1 District, to fulfill the above requirement, provided written permission is obtained from the adjacent residential zoned property owner. The written permission shall be officially recorded and submitted with the building permit application. If written permission cannot be obtained from the adjacent residential zoned property owner, the screening requirement shall be located on the commercial zoned property. The screening or fencing shall not be located on a dedicated alley.
c. Screening fences or walls as required shall not display advertising or signs thereon.
d. Requirements newly established by this section shall not create a legal, nonconforming use for screening violations of provisions of this code.
7. Designated Downtown Business District.
a. There shall be an area within the city designated as the Downtown Business District. The construction of new and remodel of existing buildings shall be exempt from the off-street parking requirement.
b. The designated Downtown Business District, shall be the south half of Blocks 4 and 5, all Blocks 10, 11, 20 and 21 all a part of the South Cache original townsite, according to the recorded plat thereof.
C-2 SPECIAL COMMERCIAL
1. Purpose. This special district is intended to encourage and facilitate the design of new, large-scale single-ownership developments, and the expansion of existing such developments, where entertainment, cultural, recreational, open space and commercial activities are combined in a planned, creative and unified manner. Planned use of large open space or natural areas is the primary objective of this district, with secondary emphasis on compatible parking and access provisions, landscaping, design flexibility and overall land use compatibility. The minimum size land tract for which this district may be used is five acres. This district shall not be used for shopping center development of any type.
2. Procedures. The municipal governing body may zone or rezone additional land as C-2 Special Commercial District, according to the following procedures:
a. Application for rezoning of land to the C-2 Special Commercial District, shall be submitted in accordance with the procedures set forth in § 15-38; and
b. Prior to submitting its recommendation to the City Council, the Planning Commission shall review the rezoning proposal using the following criteria:
(1) Consistency with the community’s comprehensive plan;
(2) Compatibility of the proposal with existing and projected development in adjacent areas; and
(3) Compliance with the provisions and standards included in the “Special Requirements” section for this district.
3. Special requirements. Land may be zoned or rezoned as C-2 Special Commercial District only when the following conditions and standards are met.
a. Minimum site size. The minimum size of the site upon which a development under the provisions of this district may be allowed shall be not less than five acres.
b. Design characteristics. The proposed development shall be planned and designed as a unified area, compatible with surrounding uses (both natural and human-made) and considerate of existing vegetation, soils, topography and drainageway. The proposal must promote creative and extensive use of natural open spaces and include landscaping proposals. Projected structural and street coverage shall not exceed 50% of the total land area.
c. Development plan. The applicant shall submit a formal development plan, in support of his or her rezoning application, which shall include total acreage, proposed structure locations, sizes, elevations, uses and floor plans, parking area locations and dimensions, a drainage plan, a landscaping plan and open space and recreation area locations. Water and sewer plans shall also be provided, indicating the overall water and sewer requirements of the development and the proposed means of accommodating these needs. The development plan may provide for staged development of the project and, if so, the same shall be indicated on the plan.
d. Lot requirements. If any lots are platted for sale to other individuals, the minimum dimensions shall be the same as for the same use in the appropriate zoning district.
e. Off-street parking. Off-street parking requirements shall be initially based on the requirements for similar uses in other zoning districts; however, the Planning Commission may recommend to the City Council that more or less parking area be provided, based upon the special or unique character or nature of the project proposal.
f. Plan changes. Any deviation from the approved development plan shall constitute a violation of the rezoning and must be re-submitted for review, following the same procedures required for the original plan.
g. Time limit. Construction of the development shall be started within five years of the date of plan approval by the City Council. Failure to begin within said five years shall void the development plan and shall cause the land to revert to the zoning district which existed immediately prior to the last rezoning.
h. Subdivision regulations. The requirements of any existing and future subdivision regulations adopted by the municipality must be met by the applicant for a development under this zoning district (subsequent to the final approval of said applicant’s rezoning request) if the proposal contains one or more lots which are to be sold to other individuals.
C-3 PLANNED COMMERCIAL
1. Purpose. This district is intended to provide for the needs of mobile residential homes/travel trailers (or motor homes to be placed in separate parks or camps, but not mixed with mobile residential homes/travel trailers). This district is to be located where there is a demonstrated need for such uses, where such uses will be convenient to potential users, and with careful consideration for the effects of such uses upon surrounding uses, and the effects upon the traffic-carrying capacities of nearby streets and roads.
2. Permitted principal uses and structures.
a. Mobile homes parks. Provided that:
(1) The installation has a water supply and sanitary sewage collection and treatment system approved by the State Department of Health;
(2) The park provides a minimum area of 3,500 square feet for each mobile home space;
(3) The park has a maximum density of ten mobile homes per acres;
(4) There is a minimum of one off-street parking space on each mobile home site, plus at least ten additional off-street parking spaces to serve the park as a whole;
(5) No mobile home shall be closer than 25 feet to a property line of the park;
(6) No mobile homes shall be closer than 20 feet to any other mobile home; and
(7) The park must comply with provisions contained in all pertinent municipal codes, ordinances, and subdivision regulations.
b. Travel trailer parks or camps (or motor homes). Provided that such uses are constructed in accordance with all adopted municipal codes and ordinances relating thereto.
(1) Thirty days stay, extension upon approval.
(2) Travel trailers and RVs are not to be made into permanent structures. No decks, porches, or storage structures.
(3) Campfires must be constructed in a fire ring or fire pit. No fire is to be left unattended. During burn bans, all campfires may be prohibited.
(4) Screening will be required along the street frontage, privacy-type fence shall be constructed. The fence shall be a minimum of six feet tall, measured from ground level.
(5) Tent camping shall be allowed in a designated tent campsite. Tent campsite shall be surround by a privacy fence. Tent camping shall be allowed for no more than a ten day stay.
I-1 INDUSTRIAL
1. Purpose. This district is intended to accommodate industrial development within the community which will not adversely affect surrounding or area neighborhoods. Appropriate standards will ensure that suitable land is selected for industrial purposes and that the resulting effects will not be offensive to the community.
2. Parking.
I-1 Industrial | ||
Permitted Principal Uses and Structures | Minimum Required Off-street Parking | |
I-1 Industrial | ||
Permitted Principal Uses and Structures | Minimum Required Off-street Parking | |
a. | Uses, except residential uses, permitted in the C-1 General Commercial District | Same as in the C-1 General Commercial District |
b. | Manufacturing and processing uses that are contained within a building and have no exterior storage create no offensive noise, dust, odor, vibrations or create no electrical interference. | 1 space for every 2 employees, plus 1 space for each vehicle used by the industry |
c. | Animal hospital or kennel | 1 space for every 200 square feet of sales, service or office floor area |
d. | Wholesaling and warehousing (but not including the bulk storage of liquid fertilizer or petroleum products under pressure) | 1 space for each employee, plus 1 space for each vehicle used by the industry |
e. | Farm implement display, sales, service and repair | 1 space for each employee, plus 1 space for each vehicle used by the industry |
f. | Lumber yard and building material sales and storage. | 1 space for each employee, plus 1 space for each vehicle used by the industry |
g. | Truck and freight terminal | 1 space for each employee, plus 1 space for each vehicle used by the industry |
h. | Truck display, sales, repair and storage | 1 space for each employee, plus 1 space for each vehicle used by the industry |
i. | Grain storage bins | 1 space for each employee, plus 1 space for each vehicle used by the industry. |
j. | Grain elevator and feed mill | 1 space for each employee, plus 1 space for each vehicle used by the industry |
k. | Welding and repair shop | 1 space for each employee, plus 1 space for each vehicle used by the industry |
l. | Tool, die, gauge and machine shops | 1 space for each employee, plus 1 space for each vehicle used by the industry |
m. | Railroads and public utilities (including storage and maintenance yards) | 1 space for each employee, plus 1 space for each vehicle used by the industry |
n. | Automobile paint and body shops | 1 space for each employee, plus 1 space for each vehicle used by the industry |
p. | Processing and handling of cheese, butter and other milk products | 1 space for each employee, plus 1 space for each vehicle used by the industry |
q. | Miniwarehouses | |
r. | All uses (above) | All uses shall provide at least 1 loading space for each 10,000 square feet of floor area |
s. | For all uses not covered in subsections 2.a. through 2.r. above, the Planning Commission shall make a determination of the parking demand to be created by the proposed use, and the amounts of parking thus determined shall be the off-street parking requirement for the permitted use | |
3. Accessory uses and structures. Subject to the provisions of this and other municipal ordinances, the following accessory uses and structures are permitted in the I-1 Industrial District:
a. Accessory uses and structures, except residential accessory uses and structures, permitted in the C-1 General Commercial District;
b. Temporary buildings used in conjunction with construction work; provided that such buildings are removed promptly upon completion of the construction work;
c. Dwelling units for watchmen or caretakers employed on the premises; provided that an open yard of at least 2,400 square feet is reserved and maintained for use by the occupants; and
d. Uses and structures clearly incidental and necessary to the permitted principal uses and structures in this district.
4. Uses and structures permitted on review. Subject to the requirements of Article III of this chapter, the Planning and Zoning Commission may permit the following uses and structures on review:
a. Stockyards, loading pens, rendering plans, sale barns and yards, buying stations, commercial poultry-raising yards or structures and commercial feedlots; provided that:
(1) Such industry is not located closer than one-fourth mile to any dwelling unit (other than that of the owner or operator), park, school, church or place of public assembly;
(2) Provisions for drainage, waste disposal and fly control are made, subject to the approval of the local or county health officer;
(3) Such industry is located so that the prevailing winds will not cause excessive dust or odor to create a nuisance for developed properties within the community; and
(4) One parking space for each employee, plus one space for each vehicle used by the industry be provided.
b. Sanitary landfill or waste disposal area; provided that:
(1) Refuse shall be covered with dirt at least daily;
(2) No nuisance due to smoke, odor or blowing debris shall be created;
(3) An access road, having at least a graveled surface, shall be provided;
(4) At least five parking spaces shall be provided;
(5) The site shall be restored to a condition compatible with the surrounding area upon conclusion of the operation; and
(6) No landfill or waste disposal area shall be located closer than one-fourth mile to any residential dwelling, park, school or place of public assembly.
c. Junkyards and automobile wrecking and salvage yards, on sites of two acres or more; provided that:
(1) A suitable front yard area be maintained as an open space, free of weeds and debris;
(2) The site be enclosed by suitable landscaping or a six-foot high fence to screen the operation from the view of adjacent public streets, parks, recreation areas and residential properties; and
(3) A minimum of one parking space for each employee, plus one space for each vehicle used by the facility be provided.
d. Plants for the manufacture and central mixing and proportioning of concrete and concrete products, the manufacture and blending of fertilizer and the fabrication of iron and steel; provided that:
(1) Such use is not located closer than 500 feet to any existing residential dwelling unit, park, church, school or other place of public assembly;
(2) Such use is located so that prevailing winds will not cause dust, smoke or odors to create a nuisance for developed properties in the community;
(3) At least one loading space shall be provided for each 10,000 square feet of plant floor area; and
(4) One parking space for each employee, plus one space for each vehicle used by the industry be provided.
e. Bulk storage of liquid fertilizer and petroleum products under pressure; provided that:
(1) Such uses shall not be located within 500 feet of any existing residential dwelling, park, school, church or other place of public assembly;
(2) Such uses shall be located so that prevailing winds will not cause fumes, odors or gases to be carried toward developed properties within the community; and
(3) One parking space for each vehicle or trailer used by the industry be provided.
f. Acid or explosives manufacturing plant; provided that:
(1) Particular attentions is given to plant locations which avoid the dangers listed above, subsection 4.e.(3), and protect the health, safety and welfare of the residents of the community; and
(2) Adequate parking space, as determined by special review of the Planning and Zoning Commission, is provided to serve such facilities.
g. Miniwarehouses are permitted principal uses and structures.
(1) For the purpose of this subsection 4.g., the following definition shall apply unless the context clearly indicates or requires a different meaning.
MINIWAREHOUSES. Structures which are divided into compartments of not to exceed 500 square feet, each of which is available solely to a lessee only for the storage of personal property.
(2) All lots and driveways designated for the parking and use of vehicles for the purpose of loading, unloading, ingress and egress to miniwarehouses shall be paved with a sealed surface pavement, and shall be maintained in such a manner that no dust will be produced by use.
(3) There shall be no outside storage of personal property in miniwarehouse locations.
(4) There shall not be permitted in any miniwarehouses any wholesale or retail sales activities, fabrication business, repair facilities or other commercial or on-commercial activity other than the storage of personal property, except that an office for the sole purpose of the management of the miniwarehouses units may be established. Off-street parking shall be required in a suitable location for the office facility in addition to the parking requirements for use of the miniwarehouses;
(5) There shall be no separate utility connections or meters authorized for individual compartments within the miniwarehouses units. This restriction shall not prohibit the owner or builder of the miniwarehouses from providing adequate electrical current for lighting, and a convenient outlet to each miniwarehouse unit, provided, that such service is regulated a single meter for the entire miniwarehouse complex.
(6) Resident manager’s quarters may be constructed on-site, provided that such quarters shall meet all applicable regulations relating to residential occupancy, and shall be compatible with the architectural design of the miniwarehouses. Additionally, such quarters shall be occupied only by the resident manager.
I-1 Industrial | ||
Minimum Lot Area and Width | Minimum Required Front, Side and Rear Yard Setbacks | Maximum Height |
None | Front - 25 feet Rear - 25 feet Side - 20 feet Side street corner lot - 25 feet | 100 feet |
5. Special requirements.
a. No raw material, finished product or waste product which may cause dust or odor which would adversely affect adjoining properties shall be stored outside a building, nor shall any other debris or waste product be permitted to accumulate on the site.
b. All signs, including temporary ones, shall be maintained in a neat and presentable condition; in the event that they shall become illegible or their use shall cease, they shall be promptly removed and the area occupied restored to a condition free from refuse and debris.
(Ord. 2024-08, passed 6-11-2024)