Section
Article A. General Provisions
9-4-1 Title
9-4-2 Purpose
9-4-3 Interpretation and application
9-4-4 Jurisdiction
9-4-5 Zoning map; adopted by reference and incorporated in chapter
9-4-6 Same; where available to public
9-4-7 Same; maintenance in current status
9-4-8 Same; replacement
9-4-9 Land and buildings regulated
9-4-10 Only one principal use upon any lot; exceptions
9-4-11 Reduction or change in lot size prohibited
9-4-12 Maintenance of open space
9-4-13 Uses prohibited
9-4-14 Airport zoning ordinance
9-4-15 Reenactment of prior zoning provisions; saving provisions
9-4-16 Tree protection prior to development
Article B. Definitions
9-4-21 Usage
9-4-22 Words and terms defined
Article C. Nonconforming Situations
9-4-28 Continuation of nonconforming situations and completing nonconforming projects
9-4-29 Extension or enlargement of nonconforming situations
9-4-30 Repairs, maintenance and reconstruction
9-4-31 Change in use of property where a nonconforming situation exists
9-4-32 Abandonment and discontinuance of a nonconforming use
9-4-33 Nonconforming lots
9-4-34 Vested rights
9-4-35 Development plan vested rights
9-4-36 Annexation declaration of vested rights
9-4-37 Removal of certain nonconforming uses required
9-4-38 Removal of certain nonconforming residential accessory uses and/or structures required
Article D. Zoning Districts
Part 1. Interpretation
9-4-41 Location and boundaries of districts
9-4-42 Rules for interpretation of boundaries
9-4-43 Vacation, abandonment or withdrawal of streets and alleys
9-4-44 Further interpretation by Board of Adjustment
Part 2. Purpose
9-4-45 Zoning districts established
9-4-46 RA-20 Residential–Agricultural
9-4-47 R-15S Residential–Single-Family
9-4-48 R-9S Residential–Single-Family
9-4-49 R-9 Residential
9-4-50 R-6S Residential–Single-Family
9-4-51 R-6 Residential
9-4-51.1 R-6A Residential
9-4-51.2 R-6A Restricted Residential Use (RU) Overlay
9-4-52 R-6N Residential–Neighborhood Revitalization
9-4-53 R-6MH Residential–Mobile Home
9-4-54 PUD Planned Unit Development
9-4-55 MI Medical–Institutional
9-4-56 MS Medical–Support
9-4-57 MO Medical–Office
9-4-58 MCG Medical–General Commercial
9-4-59 MR Medical–Residential
9-4-60 MCH Medical–Heavy Commercial
9-4-61 MRS Medical–Residential–Single-family
9-4-62 OR Office–Residential
9-4-63 O Office
9-4-64 CN Neighborhood Commercial
9-4-65 CD Downtown Commercial
9-4-66 CDF Downtown Commercial Fringe
9-4-67 CH Heavy Commercial
9-4-68 CG General Commercial
9-4-69 PI Planned Industry
9-4-70 IU Unoffensive Industry
9-4-71 PIU Planned Unoffensive Industry
9-4-72 I Industry
9-4-73 CA Conservation Overlay District
9-4-74 WS Water Supply Watershed Overlay
9-4-75 HD Historic Overlay District
9-4-76 UC Urban Core Overlay District
9-4-77 University Neighborhood Revitalization Initiative (UNRI) Overlay District
9-4-77.3 MUI Mixed Use Institutional
Part 3. Permitted and Special Uses
9-4-78 Table of uses
Part 4. Overlay Districts
9-4-79 Standards for overlay districts
Article E. Standards and Criteria for Special Uses
9-4-81 General criteria
9-4-82 Additional restrictions
9-4-83 Revocation of permits after notice and opportunity to be heard
9-4-84 Specific criteria
9-4-85 Index to listed uses requiring a special use permit
9-4-86 Listed uses; specific criteria
Article F. Dimensional Standards, Modifications and Special Standards
9-4-93 Applicability
9-4-94 Schedule of development standards by zoning district
9-4-95 Measuring setbacks
9-4-96 Lot frontage requirements
9-4-97 Lot width reduction
9-4-98 Height exemptions
9-4-99 Visibility; sight distances maintained
9-4-100 Residential accessory structure and building standards; except as otherwise regulated under Articles H, I, J, K and M
9-4-101 Commercial, industrial and office accessory structure and building standards
9-4-101.1 Setback exemption
9-4-102 Projections into required yards
9-4-103 Special standards for certain specific uses
9-4-104 Lighting standards; external
9-4-105 Exemptions and modifications
9-4-106 Relationship to Greenway Plan
Article G. Bufferyard Setbacks
9-4-115 Generally
9-4-116 Illustration of bufferyard setbacks
9-4-117 Determining the appropriate land use classification number
9-4-118 Bufferyard setback requirements
9-4-119 Bufferyard setback table
9-4-120 Standards
9-4-121 Nonconforming bufferyards
9-4-122 Vegetation requirements; applicability
Article H. Mobile Home Parks
9-4-129 Conformance with regulations
9-4-130 Procedures; required review, contents
9-4-131 Permitted uses
9-4-132 Density; availability requirement
9-4-133 Development standards
9-4-134 Garbage/trash container pad locations
9-4-135 Compliance with subdivision standards
9-4-136 Minimum fitness requirements
Article I. Multi-Family Development
9-4-141 Applicability
9-4-142 Procedures; required review, contents
9-4-143 Density
9-4-143.1 Minimum habitable (mechanical conditioned) floor area per unit
9-4-144 Open space
9-4-145 Development standards
9-4-146 Recreation area requirement (private)
9-4-147 Bufferyard setbacks and vegetation requirements
9-4-148 Parking requirements
9-4-149 Garbage/trash container, recycling center and compactor locations
9-4-150 Private streets
9-4-151 Compliance with subdivision standards
9-4-152 Applicability
9-4-153 Development standards CD Zoning District
Article J. Master Plan Community
9-4-161 Purpose and intent; definition; planned unit developments previously approved, constructed and/or vested under the regulations; planned unit development (PUD) zoning districts previously zoned under the regulations, for which there is no vested plan of development
9-4-162 Area; regulation of uses; density; open space; recreation; parking; landscape; density bonus requirements
9-4-163 Master plan community; residential uses dimensional standards
9-4-164 Master plan community; nonresidential use dimensional standards
9-4-165 Zero side or rear yard setbacks for detached and attached buildings or structures
9-4-166 Special use permit; application, land use plan, preliminary plat-site plan and final plat requirements
9-4-167 Site design criteria; general
9-4-167.1 Stormwater standards in master plan communities
9-4-168 Street design criteria
9-4-169 Utility services; maintenance of private facilities
9-4-170 Amendment to land use plan special use permit
Article K. Land Use Intensity (LUI) Development
9-4-179 Purpose and intent; terms and definitions
9-4-180 Land use intensity (LUI) ratings and requirements
9-4-181 Development standards
9-4-182 Garbage/trash container, recycling center and compactor locations
9-4-183 Private streets
9-4-184 Compliance with subdivision standards
9-4-185 Bufferyard setbacks and vegetation requirements
9-4-186 Special use permit; application, content, evidentiary hearing, conditions of approval, required findings, notice, action, appeal, amendment
Article L. Special Districts
9-4-193 Planned Unoffensive Industry (PIU) and Planned Industry (PI) District standards
9-4-194 Residential Neighborhood Revitalization (R-6N) District standards
9-4-195 Medical-General Commercial (MCG) District standards
9-4-196 Planned Unit Development (PUD) District standards
9-4-197 Water Supply Watershed (WS) Overlay District standards
9-4-198 Historic District (HD) Overlay District standards
9-4-199 Conservation Area (CA) Overlay District standards
9-4-200 R-6A Restricted Residential use (RU) Overlay District standards
9-4-200.1 Urban Core (UC) Overlay District standards
9-4-200.2 University Neighborhood Revitalization Initiative (UNRI) Overlay District standards
9-4-200.3 Highway Sign Overlay District
9-4-200.4 MUI Mixed Use Institutional District standards
9-4-200.10 Recreational/Sport Hunting Overlay District
Article M. Residential Cluster Development
9-4-201 Purpose and intent; definition
9-4-202 Area; permitted districts, exemption; street access; open space(s); relationship to Greenway Plan; density; dimensional standards
9-4-203 Zero side and/or rear yard setbacks
9-4-204 Private streets
9-4-205 Compliance with subdivision standards
Article N. Signs
9-4-221 Purpose
9-4-222 Definitions
9-4-223 Permits required
9-4-224 General requirements for signs
9-4-225 Nonconforming signs
9-4-226 Nonconforming sign; order to remedy or remove
9-4-227 Signs not requiring permits
9-4-228 Determining the number of signs
9-4-229 Computation of sign surface area
9-4-230 Total allowable sign surface area
9-4-231 Number of freestanding signs
9-4-232 Freestanding sign surface area
9-4-233 Special provisions for certain signs
9-4-234 Location and height requirements
9-4-235 Sign illumination and signs containing lights; electronic and mechanical interchangeable sign face copy
9-4-236 Off-premises advertising sign requirements
9-4-237 Signs that are not permitted under the provisions of this article
Article O. Parking
9-4-241 Purpose
9-4-242 Off-street parking and loading required
9-4-243 Exemptions
9-4-244 Parking plan required
9-4-245 Bufferyard setbacks and vegetation requirements
9-4-246 Combination of required parking space
9-4-247 Nonconforming parking; expansion of floor area, other units of measurement
9-4-248 Surface material requirement; front yard area coverage
9-4-249 Cross-district parking
9-4-250 Parking area location criteria
9-4-251 Improvement standards
9-4-252 Schedule of required parking spaces
9-4-253 Unlisted uses
9-4-254 Additional parking standards for certain specific uses
9-4-255 Parking standards specific to the University Neighborhood Revitalization Initiative (UNRI) Overlay District
Article P. Vegetation Requirements
9-4-260 Purpose
9-4-261 Generally
9-4-262 Preliminary and final vegetation plan required; approval; timing of permits
9-4-263 Site vegetation material requirements (per acre)
9-4-264 Vegetation qualification standards; plant size
9-4-265 Vegetation material (category) substitution; installed and/or existing
9-4-266 Screening vegetation requirement within Bufferyards C, D, E and F
9-4-267 Acceptable vegetation by material type
9-4-268 Standards
9-4-269 Definitions of certain terms; meanings
9-4-270 Maintenance of required vegetation
9-4-271 Nonconforming vegetation; compliance required
9-4-272 Flexibility in administration
Article Q. Other Requirements
9-4-281 Sidewalk requirements along major thoroughfares, minor thoroughfares and boulevards
Article R. Site Plan Review
9-4-301 Purpose
9-4-302 Applicability
9-4-303 Application; submission requirements, review procedure
9-4-304 Compliance with subdivision regulations
9-4-305 Compliance with other applicable requirements
9-4-306 Issuance of permits; enforcement
9-4-307 Appeals; Land Development Administrative Manual requirements and procedures; zoning regulations
9-4-308 Fee
9-4-309 Denial resulting from violation of tree protection prior to development regulations
Article S. Board of Adjustment
9-4-316 Created
9-4-317 Composition
9-4-318 Appointment of members
9-4-319 Rules; meetings; records, proceedings to conform to statutory requirements, conflicts
9-4-320 Powers and duties
9-4-321 Appeals procedure
9-4-322 Fee
9-4-323 Appeal stays all proceedings
9-4-324 Appeals from Board decisions
Article T. Amendments
9-4-331 Who may petition
9-4-332 Fee
9-4-333 Procedure
9-4-333.1 Zoning map amendments
9-4-334 Submittal to Planning and Zoning Commission for recommendation
9-4-334.1 Future Land Use Map: sequence of related zoning amendment consideration; effect of denial of petition on subsequent similar petition
9-4-335 When City Council to consider amendments
9-4-336 Withdrawal of zoning amendment petition from Planning and Zoning Commission consideration
9-4-337 Withdrawal of zoning amendment petition from City Council consideration following Planning and Zoning Commission recommendation
9-4-338 Effect of denial of petition on subsequent similar petition
9-4-339 Appeal to decision of City Council
Article U. Administration, Enforcement, Penalties
9-4-349 Director of Planning and Development Services interprets
9-4-350 Duties of City Council
9-4-351 Enforcement and appeals
9-4-352 Permits required
9-4-353 Certificate of occupancy
9-4-354 Remedies
9-4-355 Revocation of permits and certificates
9-4-356 Penalties for violations
Appendix A: Table of uses
Cross-reference:
Airport Zoning, see Title 9, Chapter 3
Flood Damage Prevention, see Title 9, Chapter 6
Planning and Zoning Commission, see Title 9, Chapter 2
Public Utilities, see Title 8
Public Works, see Title 6
Soil Erosion and Sedimentation Control, see Title 9, Chapter 8
Storm drainage, see Title 9, Chapter 9
Subdivisions, see Title 9, Chapter 5
Editor’s note:
Section 1 of Ord. No. 2337, adopted June 13, 1991, deleted the former zoning ordinance (Ch. 32), based on Ord. No. 332, as amended, which was not printed herein, and enacted a new zoning ordinance as set out in this chapter. The ordinance was printed substantially as enacted, with only minor stylistic changes to conform to Code format. Material added by the editor for clarity is enclosed in brackets.
Section 1 of Ord. No. 94-156, adopted Dec. 8, 1994, repealed former § 9-4-66, which pertained to DM downtown mall and derived from Ord. No. 2337, § 1, adopted June 13, 1991.
Ordinance No. 95-111, adopted Nov. 9, 1995, repealed Tit. 9, Ch. 4, Art. G, §§ 9-4-115—9-4-123 and added a new Ch. 4, Art. G to read as herein set out. Former Art. G pertained to bufferyards and derived from Ord. No. 2337, § 1, adopted June 13, 1991; Ord. No. 2466, adopted June 8, 1992; Ord. No. 2480, §§ 1, 2, adopted July 9, 1992; Ord. No. 2486, § 2, adopted June 8, 1992; Ord. No. 2538, § 1, adopted Nov. 12, 1992; Ord. No. 2540, § 1, adopted Nov. 12, 1992; Ord. No. 2726, § 1, adopted Oct. 14, 1993; Ord. No. 94-156, § 4, adopted Dec. 8, 1994 and Ord. No. 95-52, § 1, adopted May 11, 1995.