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10-02-01: GENERAL REGULATIONS:
   (1)   Applicability: The zoning district regulations and standards established in this chapter shall apply to all zoning districts established in this chapter, unless specifically stated otherwise in a specific article.
   (2)   RS-1, RS-2, R-1, And R-2 Zones: In RS-1, RS-2, R-1, and R-2 Zones, only one principal structure or building may be built upon a single development site, parcel or lot, except as it may be otherwise specified in this article and/or as part of a planned unit development. The following zones, without having a planned unit development, are allowed to have more than one principal structure or building upon a single development site, parcel or lot: R-3, T-N, C-1, C-2, C-3, C-4, M-1, M-2, I-P, A-D, C-D, C-C, and H-C.
   (3)   Uses: More than one classification of uses (residential, commercial, or industrial) and more than one use within these use classifications (example: bakery, food store, restaurant, retail store) shall be permitted on a lot or parcel within the same building (or different buildings), in any zoning district and/or without a planned unit development application approval, if the proposed individual uses are permitted uses or special uses. In the case of a proposed special use, such application should proceed through the standard procedures of a special use permit application.
   (4)   Business Permit: Any person establishing, operating, or carrying on any permitted and/or accessory use in a commercial, industrial, and/or mixed use zoning district shall first obtain a business permit from the Planning and Zoning Department prior to establishing, operating, or carrying on such use. When a business name, occupant or owner changes, the business owner is responsible for obtaining from, and completing and submitting to, the Planning and Zoning Department an application for a business permit. The Planning and Zoning Department shall, upon receipt of such application and any applicable fees as established by City Council through resolution, issue a business permit for display in a conspicuous place upon the premises after confirming the business address with the Mapping Department and confirming that the business is an allowed land use in the zoning district in which the business is located and/or that the business is a legally nonconforming land use. Once the permit has been issued, the Planning and Zoning Department will furnish the permit information to the Building Department, Fire Department, Water Department, Mapping Department and City Clerk.
   (5)   Residential Uses In Nonresidential And Mixed-Use Zones: Residential uses in nonresidential and mixed-use zones shall have the same requirements as set forth in the R-3 Zone. This includes, but is not limited to, requirements for setbacks, frontages, lot size and dimensions, signage, and fencing. (Ord. 3102, 9-5-2017; Ord. 3245, 3-2-2020)
10-02-02: LAND USE SCHEDULE:
 
Editor's Note: To view Table 1: Land Use Schedule in PDF, please click HERE
TABLE 1
LAND USE SCHEDULE
P = Permitted uses
S = Special use
D = Director approval required
Blank = Not permitted
Residential
Commercial
Industrial
Institutional and Public
RS- 1
RS- 2
R-1
R-2
R-3
C-1
C-2
C-3
C-4
M- 1
M- 2
I-P
A- D
C- D
H- D
P- D
P = Permitted uses
S = Special use
D = Director approval required
Blank = Not permitted
Residential
Commercial
Industrial
Institutional and Public
RS- 1
RS- 2
R-1
R-2
R-3
C-1
C-2
C-3
C-4
M- 1
M- 2
I-P
A- D
C- D
H- D
P- D
Agribusiness:
Agriculture, general 1, 4
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
   Farmstand, commercial
S
P
P
P
P
P
P
S
S
   Farmstand, personal8
S
S
S
S
S
P
P
   Grain/crop storage
P
P
P
   Greenhouse, commercial
S
S
S
S
S
S
P
P
P
P
P
P
S
S
   Greenhouse, personal
P
P
P
P
P
P
P
P
   Nursery - retail4
S
S
S
S
S
S
P
P
P
P
P
P
P
S
   Nursery- wholesale4
S
S
S
S
S
S
P
P
P
P
P
P
Residential:
   Single-family dwelling (attached, detached, townhouse)
P
P
P
P
P
S
P
S
   Two-family dwelling (duplex)
S
S
S
P
P
P
S
   Three-family dwelling (triplex)
S
S
P
S
   Four-, five- or six-family dwelling
S
S
P
S
   Multi-family dwelling
S
S
S
   Manufactured home
P
P
P
P
P
S
S
S
S
S
S
S
   Mobile home
S
S
S
S
S
S
S
S
S
S
S
S
   Manufactured home park
S
S
S
S
S
S
S
   Planned unit development - residential
S
S
S
S
S
S
S
   Accessory dwelling unit (ADU)8
S
S
S
P
P
S
S
S
S
S
P
S
Residential-commercial:
   Bed and breakfast2
S
S
S
S
P
P
P
   Convalescent home/nursing home/ assisted living facility
S
P
S
S
S
P
   Daycare center; preschool/homeschool, 13 or more5
S
S
P
P
P
P
P
S
P
P
   Dormitory
S
P
S
   Family/group daycare home; preschool/homeschool, 12 or fewer2,5
P
P
P
P
P
P
P
P
P
P
S
P
P
P
   Food bank/soup kitchen
S
S
S
P
P
P
P
P
S
   Fraternity/sorority house
S
S
S
S
P
   Garage/yard sale
P
P
P
P
P
P
   Group home, 9 to 12 residents
S7
S
S
   Group home, 13 or more residents
S
S
   Home occupation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
   Homeless shelter
S
P
S
S
   RV park/campground
S
S
S
S
S
S
S
   Rooming house/boarding house
S
P
P
S
P
P
   Transitional home
S
S
P
S
Commercial-automotive:
   Automotive tow yard
S
P
P
P
   Body shop3
S
S
P
P
   Car wash3, 4
S
P
P
P
P
P
   Gas/service station3
S
P
P
P
P
P
S
   Rental lot3
P
P
P
P
S
   Repair services3
S
P
P
P
   Sales - new or used manufactured home, mobile home, farm implement3
P
P
   Sales - new or used RV, boat, ATV, trailers, off road, trucks, commercial vehicles3
S
P
S
P
   Sales - new passenger vehicles, motorcycles3
P
P
S
P
   Sales - used passenger vehicles, motorcycles3
S
P
S
P
   Storage - indoor only4
S
P
S
P
   Storage - outdoor4
S
S
S
S
   Tire repair/sales store
P
P
P
P
P
P
   Truck and tractor repair and service
S
S
P
P
P
   Truck stop3
S
P
P
Commercial-medical:
   Ambulance service3
S
S
S
S
S
P
P
P
P
P
S
S
S
S
P
P
   Clinic - outpatient only
S
P
P
P
P
P
P
   Durable medical equipment
P
P
P
P
P
   Hospital
S
S
S
S
S
S
S
P
   Laboratory/research3, 4
S
S
S
P
P
P
P
P
   Medical, dental office2, 4
S
S
S
P
P
P
P
P
   Medical equipment sales/rental
S
P
P
P
P
P
   Therapy, rehabilitation2
S
P
P
P
P
P
P
Commercial-retail:
   Bakery or bakery goods store3
P
P
P
P
P
P
P
S
   Big box retail
P
P
S
S
   Building supply outlet3
S
P
P
P
   Convenience store3
P
P
P
P
P
P
P
   Convenience store, with gasoline3
S
P
P
P
P
S
S
   Delicatessen
P
P
P
P
P
   Drugstore/pharmacy
P
P
P
P
P
   Electronic sales
S
P
P
   Equipment sales, rental and services3
S
P
P
P
   Flea market
S
S
S
   Furniture shop3
P
P
   Gift shop
P
P
P
P
P
P
   Grocery store
S
P
P
P
S
   Hardware store3
S
P
P
P
P
   Liquor store
S
S
S
   Lumberyard
P
P
P
P
   Retail sales, general
P
P
P
P
P
   Secondhand/thrift store
S
P
P
   Shopping center
S
S
S
   Shopping mall
S
S
S
   Sidewalk sale
P
P
P
P
   Tobacco shop
S
P
P
Commercial-service:
   Auction
S
S
P
P
   Bail bond use
S
P
P
   Bank, credit union - drive- through
S
P
P
P
S
   Bank, credit union - no drive- through
S
S
P
P
P
S
   Barber/beauty shop2
S
S
P
P
P
P
P
   Cabinet shop3
P
P
P
P
   Catering service3
P
P
P
   Commercial kennel
P
P
P
P
P
P
   Corporate office buildings
S
P
P
P
S
P
   Crematorium
S
S
P
   Donation trailer/pod
S
P
P
P
P
P
P
P
P
S
P
   Electronic service and repair3
S
P
P
   Espresso, ice cream, pastry shop
P
P
P
P
P
S
   Food stand
P
P
P
P
P
P
P
P
P
P
   Frozen food locker3
P
P
P
P
   Funeral home
P
P
S
P
S
   Furniture refinishing3
P
P
P
P
   Health club, fitness facility4
S
P
P
P
P
P
S
P
   Home and business services2
S
P
P
P
P
P
   Hotel
P
P
P
   Landscaping business
S
P
P
   Laundromat, self-service
P
P
P
P
   Laundry, commercial plant3
P
P
P
P
P
S
   Microbrewery
S
P
P
S
   Ministorage, indoor
S
S
S
S
S
S
S
   Ministorage, traditional
S
S
S
S
S
   Mobile food unit
P
P
P
P
P
P
P
P
P
   Mortuary
P
P
S
P
S
   Offices - business, professional2, 4
S
S
P
P
P
P
P
P
P
P
P
   Outdoor storage
S
S
S
   Packaging business
P
P
P
P
   Pawnshops3
S
P
P
   Payday loan and title loan establishments
S7
S7
P
P
   Pet grooming facility2
S
P
P
P
S
P
S
S
   Photographic studio2
S
P
P
P
P
P
   Printing and blueprinting3
P
P
P
P
P
   Restaurant - drive-in
P
P
P
S
S
   Restaurant - no drive- through3
S
P
P
P
P
S
P
S
   Restaurant - with drive- through3
S
P
P
P
S
P
S
   Security guard quarters4
S
P
P
P
P
P
P
P
P
P
   Sign shop
P
P
P
P
P
P
   Small engine/equipment repair3
P
P
P
P
   Spa4
S
P
P
P
P
P
   Studio - art, dance, music, voice2, 4, gymnastics, karate
S
S
P
P
P
S
P
   Tanning salon
S
P
P
P
P
   Tattoo parlor3
S
P
P
   Taxidermy shop3
S
P
P
   Theater4
P
P
P
P
   Theater, drive-in
S
S
S
S
   Theater, outdoor4
S
S
S
S
P
   Transit station
S
P
P
P
   Travel services
P
P
P
P
   Upholstery shop3
S
P
P
S
   Veterinary clinic/hospital3
S
P
P
P
   Winetasting establishment
P
P
P
P
P
P
Commercial-miscellaneous:
   Adult entertainment business
S
   Amusement centers
S
S
S
S
S
   Arts and crafts shows3
P
P
   Bowling alley3
P
P
P
   Club or lodge3
S
S
P
P
S
   Commercial planned unit development
S
S
S
S
S
S
S
S
S
   Dance hall/night club
S
S
   Drinking establishment - no live entertainment
S
S
S
   Drinking establishment - with live entertainment
S
S
   Event center
S
P
S
S
S
S
S
   Parking garage, private
S
S
S
S
P
P
P
P
P
P
P
S
   Parking lot, private
S
S
P
P
P
P
P
P
P
P
P
P
   Parking lot, stand alone, private
S
S
S
S
S
S
P
P
P
S
S
S
   Temporary use
S
S
S
S
P
P
P
P
P
P
P
P
S
S
P
Industrial-manufacturing:
   Aircraft repair and service
P
P
S
P
   Asphalt plant
S
S
   Cement, concrete, or clay manufacturing
S
P
S
   Chemical storage and manufacturing
S
S
S
   Factory/assembly plant6
S
P
P
P
P
   Industrial park
P
P
P
   Industrial planned unit development
S
S
S
S
   Machine shop
P
P
P
P
S
   Manufacturing, general6
S
P
P
P
P
   Meat processing and packaging
S
P
P
   Monument production
P
P
S
   Processing, general6
P
P
P
P
   Recycling operation4
S
P
P
P
   Rendering plant
S
   Research development
S
P
P
P
   Sand or gravel yard
S
P
   Slaughterhouse
S
S
   Welding shop4
P
P
P
P
   Winery/brewery
P
P
   Wood processing plant
S
P
S
   Woodworking shop4
P
P
P
P
Industrial-storage:
   Automotive tow yard
S
P
P
P
   Automotive wrecking/salvage yard
S
S
   Contractor’s shop/storage yard
S
P
P
P
S
   Distribution center
S
P
P
P
   Fuel yard/petroleum storage
S
P
S
S
   Junkyard
S
S
   Public utility yard
S
P
P
P
S
S
   Railroad yard/shops
S
P
P
S
   Refrigerated storage
P
P
P
S
   Sanitary landfill
S
   Trucking terminal/yard
S
P
P
P
   Warehouse and storage
S
P
P
P
S
Public and semipublic10:
   Airport, landing strip
S
S
S
P
S
   Airport terminal
P
S
   BMX, dirt bike track
S
P
S
   Cemetery
S
S
S
S
P
   Church or place of religious worship
S
S
S
S
S
P
P
P
S
S
S
S
   College and vocational schools
S
S
S
S
S
S
S
S
S
S
S
S
S
P
S
S
   Community center
S
S
S
S
S
S
S
S
S
S
S
S
S
S
P
   Driver’s education services school
P
P
P
P
P
P
P
   Golf course
S
S
S
S
P
   Hangar - airplane, helicopter
S
S
S
S
S
S
P
S
S
   Helipad
S
S
S
S
S
S
P
S
S
   Library4
S
S
S
S
S
S
S
S
S
S
P
S
P
   Museum4
S
S
S
S
S
S
S
S
S
S
S
S
P
S
P
   Park or recreational facility4
S
S
S
S
S
S
S
S
S
S
S
S
S
S
P
   Public administrative office4
S
S
S
S
S
S
P
P
S
S
S
S
S
S
P
P
   Public facility/building
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
P
   Parking garage, public
P
P
P
   Parking lot, public
P
P
P
   Parking lot, stand alone, public
P
S
S
   Public swimming pool
P
   School/educational facility, private
S
S
S
S
S
S
S
S
S
S
S
S
P
S
   School/educational facility, public
P
P
P
P
P
S
S
S
S
S
S
S
S
S
   Shooting range, indoor
   Skyway/skybridge/skywalk
D10
D10
   Wireless communications facility
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
   Zoo4
S
S
S
S
S
S
S
S
S
S
S
S
 
Footnotes to Table 1:
The following footnotes correspond with the land use classifications listed in this table:
   1.   See definition of “agriculture, general” in section 10-03-11 of this chapter and section 10-02-15, “Land Use Regulations For Animals”, of this article.
   2.   May be permitted as a home occupation.
   3.   Compatible C-3 commercial uses are permitted in industrial zones fronting on major arterials, minor arterials and collector level streets. For purposes of this chapter, “compatible” shall mean capable of coexisting in harmony.
   4.   Shall be permitted as an accessory use to an existing public school/educational facility.
   5.   Shall be permitted as an accessory use to an existing public school/educational facility/church/community center/recreational center. When counting the number of children, the provider’s own children are counted toward the allowable total.
   6.   Shall be permitted as an allowed use in the Airport District only if aviation or aeronautical in nature.
   7.   Shall be approved by the Caldwell City Council.
   8.   Shall be permitted as an allowed use within the RS-1, RS-2, and R-1 zone if the parcel is greater than 30,000 square feet.
   9.   Allowed Uses: If a proposed use of property is not specifically listed in this table, the use shall be prohibited unless the Planning and Zoning Director, upon the request of an applicant, determines that a proposed use not listed in this table, is equivalent to a listed permitted or special use. In making the determination, the Director shall consider the following:
      1.   The impacts on public services and activities associated with the proposed use are substantially similar to those of 1 or more of the uses listed in the applicable base districts as allowed;
      2.   The proposed use shall not involve a higher level of activity or density than 1 or more of the uses listed in the applicable base districts as allowed;
      3.   The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and
      4.   The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan.
      If the Planning and Zoning Director denies an application for such a requested use, the applicant shall have the right, within the period of 10 days from the date of such disapproval, to appeal the Director’s decision to the City Council. The decision of the City Council shall be final.
   10.   Applicable to structures that will extend across or over public rights-of-ways or alleys, and will be accessory to a principal permitted or specially permitted use.
(Ord. 2726, 4-7-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2939, 10-21-2013; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019; Ord. 3284, 7-20-2020: Ord. 3371, 12-6-2021; Ord. 3556, 12-19- 2023)
10-02-03: HEIGHT, LOT LINE SETBACK AND LOT DIMENSION SCHEDULE:
   (1)   Minimum Lot Area: The minimum lot area for each dwelling unit above that which is required for a single-family dwelling shall be one thousand (1,000) square feet for the first dwelling unit and two thousand (2,000) square feet for each additional unit unless the lot area is permitted to be reduced by planned unit development procedures.
   (2)   Residential Uses In Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-3 Zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district.
   (3)   Reduction In Minimum Setback: The minimum setback yard provisions may be reduced with a Director's administrative determination in accordance with Section 10-01-02 (4), a variance approval, or a planned unit development approval, whichever may be most applicable.
   (4)   New Construction Compliance: All new construction shall comply with the current height, setback, and area schedule in effect at the time the building permit was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned unit development.
   (5)   Structures And Projections Into Yard Areas: Structures within and projections into required yard areas are only permitted (and may be permitted on a case by case basis in easements under the conditions specified below), as specified below, and shall not be considered to be obstructions or included in the setback requirements unless otherwise specified:
      A.   Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required side yard more than two feet (2') and any required rear yard more than five feet (5') from the property line nor shall they project into any required recorded or nonrecorded easement or easement area unless the utility has given written permission for such projection to take place nor shall they project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. Projections within the R-1, R-2, and R-3 Residential Zones which increase the volume of habitable space enclosed by a residential structure may encroach into the front setback area no more than five feet (5'). This shall not be applicable to garages or any other uninhabitable areas that are part of the residential structure.
      B.   Exterior steps or stairs shall not project into required side yards or into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection or into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. No part of the building except unenclosed porches, shall extend into the front setback area. Said unenclosed porches shall be set back a minimum of fifteen feet (15'). No part of the building whatsoever, including cornices, canopies, eaves, foundations, footings, air conditioning units, etc., shall extend into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection to take place nor shall any part of the building project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City.
      C.   Additionally, the following shall apply:
         1.   Structure shall be removed by and at the property owner's expense within five (5) days of a request by the City or utility to remove said structure;
         2.   Structure can be removed by the City or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way areas or easements. Furthermore, City or utility shall not be responsible for any damage caused to structure during the process of removal.
         3.   Property owner shall sign and have notarized a statement prepared by the City acknowledging the above items.
   (6)   Setback Measurements: Front and street side yard setbacks are measured from back of sidewalk or the property line where there is no adjacent sidewalk. All other setbacks are the distance between a building's outermost edge of the outermost foundation wall and the lot line.
Editor's Note: To view Table 2: Height, Setback and Area Schedule in PDF, please click HERE
   TABLE 2
   HEIGHT, SETBACK AND AREA SCHEDULE
   Minimum/Maximum Bulk Requirements (In Feet)
Zoning
District
Max.
Height1
Minimum Setbacks
Interior Lots
Corner Lots
All Lots
Front Yard
Rear Yard
Interior Side Yard
Street Side Yard2
Min. Lot Area
(Sq. Ft.)7
Min. Lot Area
(Sq. Ft.)7
Min. Lot Frontage3
Zoning
District
Max.
Height1
Minimum Setbacks
Interior Lots
Corner Lots
All Lots
Front Yard
Rear Yard
Interior Side Yard
Street Side Yard2
Min. Lot Area
(Sq. Ft.)7
Min. Lot Area
(Sq. Ft.)7
Min. Lot Frontage3
RS-1
45
40
40
20
30
40,000
40,000
100
RS-2
45
35
35
15
20
20,000
20,000
75
R-14
25
20
20
6
15
8,000
9,500
50
R-2
35
20
15
6
15
6,000
7,500
45
R-3
45
20
15
6
15
6,000
7,500
45
C-1
45
20
15
6
15
5,000
6,500
40
C-2
None
0
0
0
0
0
0
0
C-3
None
0
0
0
0
0
0
0
C-4
None
0
0
0
0
0
0
0
I-P
None
20
0
0
20
0
0
0
M-1
None
20
0
0
20
0
0
0
M-2
None
20
0
0
20
0
0
0
A-D
See Footnote 5
0
0
0
0
0
0
0
C-D6
None
20
15
10
20
0
0
0
H-D6
None
20
5
5
20
0
0
0
P-D8
None
0
0
0
0
0
0
0
 
Footnotes To Table:
The following footnotes correspond with the minimum/maximum bulk requirements listed in this table:
   1.   The maximum height, if there is one, may be exceeded by special use permit approval. Regardless of the zoning district, if a new structure is being built immediately adjacent to a single-family dwelling or a duplex, the maximum height of the new structure shall be 25 feet unless allowed to exceed such maximum height by special use permit approval.
   2.   The street side yard garages must meet the 20 foot front yard setback.
   3.   Minimum lot frontage for lots on cul-de-sacs or roadways with a radius curve shall be measured from the setback line not from the property line.
   4.   Platted residential lots located within the R-1 zoning district that are less than 7,000 square feet shall comply with the R-2 zoning district setback requirements. For corner lots, this shall apply to all platted residential lots that are less than 8,500 square feet.
   5.   New buildings and structures located within the airport district shall comply with height restrictions listed in form 7460 issued by federal aviation administration.
   6.   Newly constructed buildings in the college district and hospital district that are adjacent to the boundary of a residentially zoned property shall be set back an additional 6 inches for every additional 1 foot of building height in excess of 25 feet.
   7.   Residential lots that are part of a final plat may reduce the required minimum lot area by up to 10% if the required densities (dwelling units per gross acre) are met for the underlying zone.
   8.   Public land uses within Section 10-02-02, Table 1, located in zoning districts other than the P-D (public) shall be permitted to utilize the same height, setback and area requirements as permitted in the P-D (public) zone.
(Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3156; 7-16-2018; Ord. 3237, 10-7-2019; Ord. 3557, 12-19-2023)
10-02-04: ACCESSORY BUILDINGS, STRUCTURES, AND USES:
   (1)   Accessory buildings, structures, and uses shall be compatible with the principal use and shall not be established or built prior to the establishment or building of the principal use unless specifically approved by the Planning and Zoning Department on a case by case basis only. (Ord. 2805, 11-2-2009)
   (2)   Except as otherwise regulated herein, an accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following: (Ord. 3102, 9-5-2017)
      A.   Regardless of zoning district, setbacks and separation distances for primary and accessory buildings and structures shall comply with all applicable city building codes. (Ord. 2865, 6-20-2011)
      B.   No accessory building, structure or use (signs are not considered an accessory building, structure or use for purposes of this chapter) may be placed, built or constructed such that any portion of the building, structure or use (including, but not limited to, foundations, footings, eaves, cornices, and/or canopies) is on, in or over any portion of any easement (recorded or nonrecorded) or easement area or existing or future public right of way or right of way area, regardless of setback requirements and regardless of the size of the building or structure, except in certain instances where the applicable utility and/or the city has granted permission for such placement. While the city generally prohibits the placement of buildings and structures, etc., in easements and public rights of way areas, any buildings and structures, etc., that are placed in an existing or future public right of way, public right of way area, easement or easement area, whether intentionally or accidentally, shall be subject to the following conditions:
         1.   Structure shall be removed by and at the property owner's expense within five (5) days of a request by the city or utility to remove said structure;
         2.   Structure can be removed by the city or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right of way maintenance/improvements for any existing or future public right of way areas or easements. Furthermore, city or utility shall not be responsible for any damage caused to structure during the process of removal;
         3.   Property owner shall sign and have notarized a statement, as prepared by the city, acknowledging the above items. (Ord. 2805, 11-2-2009)
      C.   The following requirements are applicable in residential zones as well as any other zone being used for residential purposes: A detached accessory building, structure or use less than two hundred (200) square feet in size shall have no setback requirement but shall comply with subsection (2)B of this section. A detached accessory building, structure or use two hundred (200) square feet or greater but under six hundred (600) square feet shall be located no less than five feet (5') from an interior lot line but shall also comply with subsection (2)B of this section. Accessory buildings and structures exceeding an area of six hundred (600) square feet are permitted in the rear yard with no portion of the building or structure built within the rear or side yard setback area required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. When on a corner lot, a detached accessory building, structure, or use shall be no nearer to a side lot line adjoining a street than the applicable distance required in section 10-02-03 of this article and shall also comply with subsection (2)B of this section. (Ord. 2746, 5-19-2008; Ord. 2805, 11-2-2009)
      D.   A detached accessory building, structure, or use shall not exceed twenty-two feet (22') in height in the R-1, R-2 and R-3 districts and shall not exceed thirty-three feet (33') in height in the RS-1 and RS-2 districts.
      E.   The height of detached accessory buildings, structures, and uses in commercial, industrial, and institutional zoning districts shall not exceed the maximum building height allowed in the applicable zoning district.
      F.   Trailers, or other portable buildings or structures, shall be permitted in any district when used as temporary buildings for offices or storage of material and equipment as incidental to and on the same lot or adjacent lots during construction operations of the principal use, for a period not to exceed twelve (12) months. An administrative extension may be granted by the planning and zoning director, after completing the administrative determination request form. A temporary use permit shall be required for the initial twelve (12) month period and shall have to be renewed should an administrative extension be granted.
      G.   Swimming pools, in all zoning districts, shall be completely screened off with six foot (6') high fencing around all adjacent side and rear yards, and the pool shall be set back ten feet (10') from all property lines. Barriers shall be provided and regulated under the adopted building codes regulating swimming pools and spas (see definition of “swimming pool” in section 10-03-11 of this chapter).
      H.   Clubhouses, fitness centers, and the like are permitted as accessory uses in a residential district when they are part of a residential subdivision or planned unit development and are located on a platted common lot to be owned, operated and maintained by a homeowners' association. All setbacks and height restrictions of the residential zoning district shall be followed. (Ord. 2746, 5-19-2008)
      I.   Under no circumstances shall any detached accessory uses, structures or buildings as listed in this section be permanently used as a dwelling in any shape, form or fashion, unless specifically stated otherwise elsewhere in this chapter. This requirement also applies to camping trailers, tents, recreational vehicles and similar unless: 1) such structures are located in a bona fide campground site or recreational vehicle park and must then adhere to the requirements for a campground site or recreational vehicle park; 2) the camping trailers, tents, recreational vehicles and similar are being utilized temporarily ("temporarily" for purposes of this requirement shall mean no more than 14 days within a 6 month time period) for visitors or guests of the property owner and must be parked on private property outside of any right-of-way; or 3) the property owner is in the process of constructing the primary dwelling and is utilizing a recreational vehicle or similar as a dwelling on the subject property until occupation of the primary dwelling is possible, in which case such temporary use may be granted by the Planning and Zoning Department for a period not to exceed one year. (Ord. 3102, 9-5-2017)
      J.   Accessory uses, buildings and/or structures shall immediately be removed by the applicant if it is determined by the Planning and Zoning Director that any standard or requirement of the accessory uses, buildings and structures ordinance or any other City laws, ordinances or statutes are being violated. Prior to any removal, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) days of receipt of a notice of order to remove an accessory use, building and/or structure. Failure to request such a hearing will result in the applicant immediately removing the accessory use, building, and/or structure. (Ord. 2746, 5-19-2008)
      K.   BMX and dirt bike tracks, whether recreational or commercial in nature, are not permitted as an accessory use in any residential or mixed use zoning district. (Ord. 2939, 10-21-2013)
      L.   Ponds and other water features shall be set back forty feet (40') from a public right-of-way and twenty feet (20') from a side or rear property line.
      M.   In residential zones, the square footage of an accessory structure shall not be greater than that of the principal residence, unless approved through a special use permit.
      N.   When a building permit for the principal structure is issued at the same time as the accessory structure, the certificate of occupancy for the accessory structure shall not be issued prior to the principal structure receiving a certificate of occupancy. (Ord. 2967, 7-21-2014)
      O.   Accessory dwelling unit (ADU) shall include its own independent living facilities with provisions for sleeping, cooking, and sanitation. ADUs shall meet all of the following standards:
         1.   No more than one ADU shall be located on an individual parcel.
         2.   Shall be limited to a maximum of seven hundred (700) square feet and no more than one bedroom (excluding garages and other uninhabitable space).
         3.   Shall have a separate exterior entrance or an entrance to an internal common area accessible to the outside.
         4.   Shall be consistent in design with the principal residence, including roof pitch, siding, color, materials, and windows.
         5.   Shall provide a minimum of one parking space.
         6.   Shall provide proof of owner occupancy of the premises. Either the principal residence or the ADU must be occupied by the owner of the parcel on which they are constructed at all times.
         7.   Manufactured homes, mobile homes, and recreational vehicles shall be prohibited for use as an ADU.
         8.   The ADU shall not be subdivided from the main parcel on which it is located.
         9.   The ADU shall meet the setback requirements for accessory structures as set forth in subsection (2)C of this section. (Ord. 3102, 9-5-2017)
   (3)   The following table (applicable only to RS-1, RS-2, R-1, R-2, and R-3 Districts and to residential dwellings in C-C, T-N, H-C, C-D and H-D Districts) shows where accessory buildings, structures, and uses are permitted, with respect to the location of the principal structure, as follows (except that sheds and storage buildings for garden equipment and household items may be located on a side yard adjoining a street in instances where a parcel or lot has no available interior side yard or rear yard area and where the property is not located within the Steunenberg Residential Historic District):
Accessory Building, Structure Or Use
Front Yard
Side Yard Adjoining A Street
Interior Side Yard
Rear Yard
Accessory Building, Structure Or Use
Front Yard
Side Yard Adjoining A Street
Interior Side Yard
Rear Yard
Accessory dwelling unit (ADU)
 
 
 
X
Air conditioning equipment shelter
 
X1
X
X
Arbors or trellises
X
X
X
X
Buildings, structures or enclosures housing livestock (see section 10-02-15 of this article for definition of "livestock")
 
 
X
X
Classroom modular units are permitted on a parcel or lot containing an existing school and shall be located at least 30 feet from any property line
 
 
X
X
Clothesline
 
X1
X
X
Fireplaces, outdoor
 
X1
X
X
Flagpoles
X
X
X
X
Garages, detached
 
X
X
X
Gazebos
X
X
X
X
Lawn furniture such as benches and birdbaths
X
X
X
X
Lighting, ornamental
X
X
X
X
Patio, porches, decks, or similar
X
X
X
X
Playhouses
 
 
X
X
Pond and other water features
X
X
X
X
Portable RV covers/portable carports/portable vehicle covers
 
 
X
X
Sheds and storage buildings for garden equipment and household items
 
X1,2
X
X
Solar panels (ground mounted)
 
X1
X
X
Swimming pools, private, when in conformance with other codes
 
X
X
X
Television and radio antennas and satellite dishes (stand alone)
 
 
X
X
Tennis courts, private
 
X1
 
X
Trailer pads or pads for recreational vehicles or the like (pads are separate from, and in addition to, the usual residential driveway for a residential dwelling unit)
 
X
X
X
Other accessory buildings, structures and uses herein permitted in district regulations as accessory to a specific permitted use
 
 
 
X
 
   Notes:
      1.   May be permitted within the side yard adjoining a street when located behind a minimum 6 foot tall solid, sight-obscuring fence.
      2.   Maximum height of a shed and/or storage building shall be no greater than 9 feet.
(Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3558, 12-19-2023)
10-02-05: PARKING, LOADING, AND PEDESTRIAN AMENITY STANDARDS:
   (1)   Purpose: The purpose of these regulations is to:
      A.   Allow flexibility in addressing vehicle parking, loading, and access issues.
      B.   Provide adequate off street parking which does not impede the flow of traffic or delay emergency response time on both private property and public right-of-way.
      C.   Ensure that off street parking, loading, and access demands associated with new development will be met without adversely affecting other nearby land uses and surrounding neighborhoods.
      D.   Enhance the appearance of residential, commercial, business, institutional, and industrial development.
      E.   Address the needs of pedestrians, bicyclists, and users of public transit by providing amenities that promote nonautomotive forms of transportation.
   (2)   General Provisions: The off street parking and off street loading provisions of this section shall apply as follows:
      A.   New Buildings And Uses: Accessory off street parking and loading facilities and pedestrian amenities shall be provided as required by the regulations of this section for all buildings and structures erected and all uses of land established in each district after the effective date hereof.
      B.   Expansion Of A Use: When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amounts specified herein requiring parking or loading facilities, such additional parking and loading facilities as required herein shall be provided.
      C.   Change In Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required only to the extent by which the requirements for the new use would exceed those for the existing use.
      D.   Reduction In Parking Spaces: Accessory off street parking and loading facilities in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.
      E.   Expansion In Parking: Accessory off street parking in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be expanded above, or if already more than, shall not be further expanded above the requirements for a similar new building or use under the provisions of this section. An existing parking lot may be expanded to an adjacent parcel of land without a special use permit.
      F.   Existing Land Or Buildings: Nothing in this section shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that adherence to all regulations governing the location, design, and operation of such facilities is met.
      G.   Driveway And Garage Parking Space Requirements: Parking spaces on a driveway located in front of a garage shall be calculated toward the minimum parking space requirements and parking spaces in the garage shall also be calculated toward the minimum parking space requirements.
      H.   Off Street Parking: Off street parking shall only be allowed on an established driveway or parking lot. Established driveways must contain an approved approach/curb cut from an alley or a street. Established driveways shall consist of concrete or asphalt, and shall not consist of gravel, lawn, grass or sod. Driveways shall be paved a minimum of forty feet (40') into the site as measured from the back edge of the sidewalk or edge of the roadway where no sidewalk exists for commercial and industrial properties. Driveways shall be paved a minimum of twenty feet (20') into the site as measured from the back edge of the sidewalk or edge of the roadway where no sidewalk exists for residential properties. A minimum of one established driveway should be installed on any residential site, when at all possible, as off street parking is the preferred method of parking. There is no maximum to the number of established driveways on a property. Spacing, sizing and design specifications and standards for an approach/curb cut is determined by the Engineering Department. An established driveway should be a minimum of eight feet (8') wide. Off street parking shall also follow all requirements as listed in section 10-02-04 of this article for parking of accessory uses.
      I.   Handicapped Parking: Handicapped accessible parking shall be required as by State and Federal regulations.
      J.   Site Plan Required: A site plan shall be submitted with every application for a building permit for any building or use that is required to provide off street parking. The plan shall accurately designate the dimensions of the required parking spaces, access aisles, and driveways. The proposed landscaping shall comply with the requirements of article 7 of this chapter and shall also be depicted on the plan, where applicable. All parking plans shall be reviewed by the Fire Department for compliance with the Fire Code.
   (3)   Off Street Parking: Off street parking facilities for vehicles shall be provided in accordance with the following:
      A.   Use: Off street parking facilities required herein as accessory to uses subject to this chapter shall be solely for the parking of passenger vehicles of patrons, occupants, or employees. If bus transportation is provided for patrons, occupants or employees of a specific establishment, additional off street parking or loading spaces for each bus which will be parked or loaded on the premises shall be provided in compliance with the terms of this chapter.
      B.   Computation: When determination of the number of off street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.
      C.   Shared Parking Lots: Off street parking facilities for separate uses may be provided collectively if the total number of spaces so provided meets minimum and maximum spacing requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to.
      D.   Repair And Service: No vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities.
      E.   EV (Electric Vehicle) Parking Spaces: All new commercial construction or commercial additions shall provide designated parking spaces with provided Level 2 electrical hook-ups for electric vehicles. The spaces shall be designated for EV's only. The number of required EV parking spaces shall be determined as follows:
         1.   New construction or additions that requires less than twenty five (25) parking spaces shall be exempt from this requirement.
         2.   New construction or additions that requirestwenty five to one hundred (25-100) parking spaces shall provide a minimum of one (1) EV parking space.
         3.   New construction or additions that requires more than one hundred (100) parking spaces shall provide a minimum of two (2) EV parking spaces.
      F.   Size: Except for parallel parking spaces, a required off street parking space shall be at least nine feet (9') in width and at least twenty feet (20') in length, exclusive of access drives or aisles, ramps, columns, or office or work areas, except that a two foot (2') overhang at the front of an eighteen foot (18') long off street parking space is allowed over a landscape buffer area to give a total of twenty feet (20') in length provided that all ADA access requirements are maintained for walkway widths and accessibility. Enclosed parking spaces shall have a vertical clearance of at least seven feet (7'). Handicapped parking spaces shall meet State and Federal size regulations. Parking stall dimensions and aisle dimensions shall conform to the following specifications in table 3 of this section, notwithstanding the exception provision noted in this subsection:
TABLE 3
PARKING LOT DIMENSIONS
 
Parking Angle
Stall Width
Parking Stall Length
Aisle Width1
0° - 15°
9'
23'
11'
16° - 37°
9'
20'
11'
38° - 57°
9'
20'
13'
58° - 74°
9'
20'
18'
75° - 90°
9'
20'
24'
 
Note:
   1.   All aisle widths for aisles that serve as fire access roads shall be a minimum of 20 feet in width. Final determination regarding fire access roads shall be by the City Fire Marshal.
      G.   Surfacing: All required open off street parking areas and the minimum required parking spaces, including the stall area, aisle area, and entire area of all driving lanes, driveways, driving areas and all driveway entrances, for new construction and complete remodels only, shall be improved to the following standards:
         1.   Bituminous concrete (asphalt) is permitted in all zoning districts and shall have at least a nine inch (9") compacted aggregate base and a minimum thickness of two inches (2") of surface coverage. Any areas of parking designated as a "high traffic lane", which is intended to serve fire apparatus, garbage trucks, school buses, mail delivery trucks, etc., shall have at least a ten inch (10") compacted base and a minimum thickness of three inches (3") of surface coverage.
         2.   Portland cement concrete is permitted in all zoning districts and shall have at least a four inch (4") compacted aggregate base and a minimum thickness of six inches (6") of surface coverage.
         3.   The parking surfaces of industrial off street parking facilities located within the M-1, M-2 and I-P Zoning Districts and which are not adjacent to any of the following: a residential zoning district, an arterial roadway, and/or a collector roadway, may be constructed with an all weather surface defined as a minimum of eight inches (8") of subbase (typically pit run gravel) and a minimum of two inches (2") of base course material (typically 3/4 inch minus crushed gravel). All weather surfaces must be capable of supporting a minimum vehicle load of seventy-five thousand (75,000) pounds. Should a development in the M-1, M-2 and I-P Zones choose to pave, the surfacing requirements as listed in subsections (3)G1 and (3)G2 of this section shall be adhered to.
         4.   Porous and permeable parking lot surfaces (excluding gravel, road mix and similar) are permitted in any zoning district with the consent of the City Engineer and Planning and Zoning Director. The applicant shall submit cross section plans to the City and receive written permission from both officials prior to construction.
      H.   Screening And Landscaping: All newly constructed, reconstructed or resurfaced parking lots shall comply with the landscaping provisions listed in article 7 of this chapter. All re-striped parking lots that change the configuration of the parking stalls shall comply with the interior landscape planter islands provisions listed in section 10-07-09 of this chapter.
      I.   Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties. The Planning and Zoning Commission may, on petition of neighboring residential property owners or tenants, and after a public hearing, require that such lighting be reduced in intensity, height, changed in duration, or turned off after certain hours. In making this decision on any such petition, the Planning and Zoning Commission shall take into consideration the reasonable requirements of the user of the parking area involved. The Planning and Zoning Commission's decision may be appealed to the City Council through the public hearing appeal process.
      J.   Required Spaces: The minimum and maximum number of off street parking spaces accessory to designated uses shall be provided as required in table 4 of this section. Uses in a strip mall, business center, commercial or industrial subdivision or similar may count all parking spaces located within the development for their use provided business hours do not overlap. For instance, a space, used as a church on Sundays in a complex filled with professional offices, may count all of the parking spaces in the complex toward its use on Sundays if the professional offices are closed on Sundays, thereby eliminating the need for the church to install an entire parking lot just for the church. Parking requirements in this section shall not compromise State and Federal handicap parking regulations. Land uses listed in section 10-02-02 of this article and not listed in table 4 of this section shall be governed with the parking standards listed with an asterisk (*). The Planning and Zoning Director has the authority to reduce the maximum number of parking stalls required by up to fifty percent (50%). These shall be decided on a case by case basis and shall be dependent on the ultimate use of the property, existing parking in the area, and other pertinent factors. Reductions to the minimum parking or bicycle parking requirements or increases to the maximum parking requirements greater than fifty percent (50%) may take place through either special use permit approval, a variance approval or a planned unit development approval, whichever may be most applicable.
   TABLE 4
Land Use
Minimum Number Of Parking Spaces
Maximum Number Of Parking Spaces
Land Use
Minimum Number Of Parking Spaces
Maximum Number Of Parking Spaces
All agriculture uses*
1.0 for every 500 square feet of floor area
1.0 for every 200 square feet of floor area
Residential:
 
 
 
Manufactured and mobile homes
1.0 per dwelling unit
2.0 per dwelling unit
 
Single-family and two-family dwellings
2.0 per dwelling unit
3.0 per dwelling unit
 
Three-family through multi- family dwellings
1.5 per dwelling unit
2.0 per dwelling unit
Residential-commercial:
 
 
 
Bed and breakfast
1.0 per bed
1.25 per bed
 
Convalescent home, nursing home, assisted living facility
0.75 per bed
1.5 per bed
 
Dormitory, fraternity/sorority house
0.75 per bed
1.75 per bed
 
Homeless shelter, rooming/boarding house
0.25 per bed
0.75 per bed
Commercial-automotive:
 
 
 
Body shop, repair services
2.0 per service bay
3.0 per service bay
 
Car rental lot
1.0 per rental vehicle, plus 1 space for every 200 square feet of floor area
1.0 per rental vehicle, plus 1 space for every 100 square feet of floor area
 
Car wash
2.0 stacking spaces per service bay
3.0 stacking spaces per service bay
 
Gas/service station
1.0 per fuel pump
2.0 per fuel pump
 
Sales, new and used
1.0 for every sales vehicle, plus 1 space for every 200 square feet of floor area, plus 1 space for every employee
1.0 for every sales vehicle, plus 1 space for every 100 square feet of floor area, plus 1 space for every employee
Commercial-medical*:
1.0 for every 300 square feet of floor area
1.0 for every 75 square feet of floor area
 
Hospital
1.25 per bed
2.0 per bed
 
Laboratory/research
1.0 for every 400 square feet of floor area
1.0 for every 250 square feet of floor area
 
Medical equipment sales
1.0 for every 500 square feet of floor area
1.0 for every 350 square feet of floor area
Commercial-retail*:
1.0 for every 350 square feet of floor area
1.0 for every 200 square feet of floor area
 
Big box retail
1.0 for every 250 square feet of floor area
1.0 for every 100 square feet of floor area
 
Equipment rental and sales
1.0 for every 500 square feet of floor area, plus 1 space for every 2,500 square feet of outdoor display
1.0 for every 300 square feet of floor area, plus 1 space for every 2,000 square feet of outdoor display
 
Flea market
1.0 for every 200 square feet of floor area
1.0 for every 100 square feet of floor area
 
Grocery store
1.0 for every 300 square feet of floor area
1.0 for every 150 square feet of floor area
 
Lumberyard
1.0 for every 1,000 square feet of floor area
1.0 for every 700 square feet of floor area
 
Shopping center, shopping mall
1.0 for every 300 square feet of floor area
1.0 for every 150 square feet of floor area
Commercial-service*:
1.0 for every 400 square feet of floor area
1.0 for every 250 square feet of floor area
 
Auction establishment
1.0 for every 150 square feet of floor area
1.0 for every 75 square feet of floor area
 
Barber/beauty shop
1.0 for every chair
1.5 for every chair
 
Funeral home
1.0 for every 150 square feet
1.0 for every 75 square feet
 
Health club/fitness facility
1.0 for every 250 square feet of floor area
1.0 for every 150 square feet of floor area
 
Hotel, motel
1.0 for every room
1.5 for every room
 
Restaurants, all
1.0 for every 4.0 seats
1.0 for every 2.5 seats
 
Theater
1.0 for every 3.0 seats
1.0 for every 2.0 seats
Commercial-miscellaneous:
 
 
 
Adult entertainment business, bar with live entertainment, dance hall
1.0 for every 200 square feet of floor area
1.0 for every 100 square feet of floor area
 
Arts and crafts shows
1.0 for every 350 square feet of floor area
1.0 for every 200 square feet of floor area
 
Bar, no entertainment
1.0 for every 300 square feet of floor area
1.0 for every 150 square feet of floor area
 
Club or lodge
1.0 for every 5.0 seats
1.0 for every 3.0 seats
Industrial-manufacturing*:
1.0 for every 1,000 square feet of floor area
1.0 for every 300 square feet of floor area
 
Aircraft repair and service
1.0 for every 2,000 square feet of floor area
1.0 for every 1,000 square feet of floor area
 
Asphalt plant, cement and concrete production, monument production, recycling operation, sand and gravel yard
1.0 for every 400 square feet of office space, plus 1 space for every 6,000 square feet of outdoor work and storage area
1.0 for every 250 square feet of office space, plus 1 space for every 3,000 square feet of outdoor work and storage area
Industrial-storage*:
1.0 for every 2,000 square feet of floor area
1.0 for every 500 square feet of floor area
 
Automotive wrecking yard, junkyard
1.0 for every 500 square feet of office space, plus 1.0 for every 15,000 square feet of lot area
1.0 for every 250 square feet of office space, plus 1.0 for every 7,000 square feet of lot area
 
Contractor's shop and yard, terminal/truck yard
1.0 for every 400 square feet of office space, plus 1.0 for every 10,000 square feet of work and storage area
1.0 for every 250 square feet of office space, plus 1.0 for every 2,500 square feet of work and storage area
 
Sanitary landfill
1.0 for every 400 square feet of office space, plus 1 space for every 20,000 square feet of lot area
1.0 for every 250 square feet of office space, plus 1 space for every 10,000 square feet of lot area
Public and semipublic:
 
 
 
Airport terminal, community center
1.0 for every 250 square feet of floor area
1.0 for every 100 square feet of floor area
 
Cemetery
1.0 for every 400 square feet of office space
1.0 for every 250 square feet of office space
 
Church
1.0 for every 4.0 seats
1.0 for every 3.0 seats
 
Golf course
4.0 for every hole
8.0 for every hole
 
Hangar, helipad
1.0 for every aircraft space
2.0 for every aircraft space
 
Library, public facility/building, public administrative office
1.0 for every 400 square feet of floor area
1.0 for every 200 square feet of floor area
 
Park or recreational facility
3.0 per acre
8.0 per acre
 
School, college
8.0 for every classroom/ assembly area and 2.0 spaces for every room used for administration
15.0 for every classroom/ assembly area and 3.0 spaces for every room used for administration
 
School, elementary and middle
1.0 for every 500 square feet of classroom and office/administration space
1.0 for every 300 square feet of classroom and office/administration space
 
School, high
1.0 for every 350 square feet of classroom and office/administration space
1.0 for every 150 square feet of classroom and office/administration space
 
Wireless communications facility
1.0 for every tower
2.0 for every tower
 
Zoo
1.0 for every 2,000 square feet of lot area
1.0 for every 1,000 square feet of lot area
 
      K.   Parking Lot Maintenance: All parking lots, regardless of surface type, shall be maintained on a regular basis to ensure that all striping and curb paintings are visible; all parking and fire lane signage is readable and in good repair; and all parking lots are free from any potholes deemed to be unsafe or any other safety hazards. Parking lots with unsafe potholes or surfaces and/or signs in a state of disrepair, faded striping or curb painting or any other safety hazard shall be repaired within the time frame given in the notification requesting such repairs. Notifications shall be made via the process outlined in section 10-03-13 of this chapter.
      L.   Required Off Street Parking Areas: Required off street parking areas, including driveways, are to be used for parking only. Automobile sales, storage, and other uses are prohibited with the exception of temporary and/or seasonal uses which are subject to appropriate permitting and/or licensing.
      M.   Vehicles For Sale: With the exception of approved auto sales lots, it shall be prohibited and unlawful to maintain or place vehicles on another's property for the purpose of sale.
      N.   Areas Not Designated For Vehicle Parking: Cars, trucks, trailers, boats, boat trailers, and recreational vehicles shall not be parked in required setbacks, on unimproved parking areas, or areas not designed for vehicle parking.
      O.   Commercial Vehicles And Trailers: Commercial vehicles and trailers shall not be parked, stored, or left unattended in residentially zoned areas whether on public or private property except while engaged in construction or any other permitted activities.
      P.   Advertising Vehicles: It shall be unlawful for any person to stand or park a vehicle within any right of way for the purpose of advertising said vehicle for sale, lease, and/or rent. Any violation of this section may result in enforcement action as outlined in section 09-07-19 of this code.
   (4)   Drive-Through Windows: A business with a drive-through window shall be subject to the following:
      A.   Exterior trash receptacles shall be provided to prevent the scattering of litter.
      B.   All drive-through window lanes shall be separated by curb from the parking lot's interior driveways.
      C.   Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
      D.   At least three (3) loading spaces (a total of 55 feet in length) shall be provided from the exterior speaker/microphone system. The loading spaces shall not be designed in any manner that would interfere with off street parking spaces, aisle area, and/or any portion of the driving lane and driveway entrance.
      E.   All exterior seating/play areas shall be separated from a drive-through with a four foot (4') tall fence.
   (5)   Off Street Loading: Off street loading spaces accessory to designated uses shall be provided as follows:
      A.   Location: All required loading spaces shall be located on the same lot as the use served. All vehicle loading spaces which abut a residence district or an intervening alley separating a residence district from a commercial or industrial district shall be completely screened by building walls, or a solid fence, wall, or any combination thereof, not less than eight feet (8') nor more than ten feet (10') in height. No loading space shall be located in a required front or side yard adjoining a street.
      B.   Access: Each required off street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
      C.   Surfacing: All open off street loading spaces shall be improved with a ten inch (10") compacted aggregate base and a minimum thickness of three inches (3") of bituminous concrete.
      D.   Utilization: Space allocated to any off street loading space shall not be used to satisfy the parking space requirements for any off street parking facilities or portions thereof.
      E.   Off Street Loading Space Requirements:
         1.   The minimum number of off street loading spaces accessory to commercial uses shall be: One loading space for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of gross floor area, plus one additional loading space for each additional one hundred thousand (100,000) square feet of gross floor area or major fraction thereof.
TABLE 5
COMMERCIAL LOADING DIMENSIONS
 
Floor Area Of Establishments
(Square Feet)
Required Loading Spaces
Required Size
(Feet)
Minimum Clearance
(Feet)
10,000 to 99,999
1
12 x 50
14
100,000 to 199,999
2
12 x 50
14
200,000 to 299,999
3
12 x 50
14
300,000 and above
4
12 x 50
14
 
         2.   The minimum number of off street loading spaces accessory to industrial uses shall be in accordance with the following schedule in table 6 of this subsection:
TABLE 6
INDUSTRIAL LOADING DIMENSIONS
 
Floor Area Of Establishments
(Square Feet)
Required Loading Spaces
Required Size
(Feet)
Minimum Clearance (Feet)
10,000 to 19,999
1
12 x 50
14
20,000 to 49,999
2
12 x 50
14
50,000 to 99,999
3
12 x 50
14
100,000 and above
4
12 x 50
14
 
   (6)   Pedestrian Amenities:
      A.   Bicycle Parking:
         1.   Required Spaces: Bicycle parking spaces are required for most use categories in all newly constructed developments to encourage the use of bicycles by providing safe and convenient places to park bicycles. Bicycle parking shall be provided by the following selected residential, commercial, industrial, and public uses listed in table 7 of this subsection: (Ord. 2738, 7-7-2008; Ord. 2805, 11-2-2009)
TABLE 7
BICYCLE PARKING SPACES
Land Use
Bicycle Parking Spaces Required
Land Use
Bicycle Parking Spaces Required
Residential:
 
 
 
Multi-family residential
 
1 space for every 2 units
Residential - commercial:
 
 
 
Daycare center
 
1 space for every 20 children
 
Dormitories, fraternity/sorority house
 
1 space for every 2 beds
 
Rooming/boarding house, group home, convalescent home/nursing home/assisted living facility
 
1 space for every 4 beds
Commercial:
 
 
 
All automotive uses
 
5 percent of the number of automobile spaces
 
All medical uses
 
10 percent of the number of automobile spaces
 
All retail, service, and miscellaneous uses (excluding parking lots and parking garages)
 
15 percent of the number of automobile spaces
Industrial:
 
 
 
All manufacturing and storage uses
 
5 percent of the number of automobile spaces
Public and semipublic:
 
 
 
Church, community center, park or recreational facility, zoo
 
15 percent of the number of automobile spaces
 
Library, museum
 
20 percent of the number of automobile spaces
 
Preschool, 6 children or greater
 
1 space for every 30 children
 
Public administrative office
 
25 percent of the number of automobile spaces
 
Public facility building
 
10 percent of the number of automobile spaces
 
School, public or private
 
1 space for every 30 students
 
         2.   Computation: When determination of the number of bicycle parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.
         3.   Bicycle Parking Standards:
            (A)   Residential and residential-commercial bicycle parking must be:
               i. Provided by racks or lockers approved by the planning and zoning director.
               ii. Centrally located on the site or equitably dispersed throughout the site.
               iii. Covered (between 7 and 10 feet in height).
               iv. Illuminated.
               v. Racks or lockers will not be required if the property owner provides at least one bicycle parking space in all dwelling units or dormitory units.
            (B)   Commercial, industrial, and public and semipublic bicycle parking must be:
               i. Provided by racks or lockers approved by the planning and zoning director.
               ii. Within the following distance of the main entrance of a building:
                  Building with one main entrance: Within one hundred feet (100') of the main entrance as measured along the most direct pedestrian route.
                  Building with more than one main entrance: Bicycle parking must be located along all facades with an entrance, and within one hundred feet (100') of at least one main entrance as measured along the most direct pedestrian route.
                  Uses with more than one primary building: Bicycle parking must be located within one hundred feet (100') of a main entrance as measured along the most direct pedestrian access route.
               iii. Illuminated. (Ord. 2738, 7-7-2008)
               iv. (Rep. by Ord. 2865, 6-20-2011)
               v. Two feet by six feet (2' x 6') in area. Aisles must be at least five feet (5') wide.
      B.   Public Transportation:
         1.   Public transportation facilities shall be required when requested by the local mass transit jurisdiction in the following situations:
            (A)   Commercial subdivision(s) and/or development(s).
            (B)   Industrial subdivision(s) and/or development(s).
            (C)   Special use permits.
            (D)   Multi-family dwelling subdivision(s) and/or development(s).
            (E)   Planned unit developments.
            (F)   Manufactured home parks.
            (G)   Rezones.
(Ord. 2738, 7-7-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2911, 9-4-2012; Ord. 2967, 7-21-2014; Ord. 3010, 11-16-2009; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3237, 10-7-2019)
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