§ 155.0714 Development Standards for Adult Establishments Uses.

Development standards applicable to adult establishment uses identified in Table 155-8, Table of Permitted Uses include the following:

(A) Defined.

(1) The designation ADULT ESTABLISHMENT shall include an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult live entertainment business or massage business, all as defined in G.S. § 14-202.10. The phrase adult establishment as well as adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult live entertainment business and massage business shall be construed consistently with the construction given to the respective identical phrase contained in G.S. § 14-202.10.

(2) For the purpose of the UDO, the phrase ADULT ESTABLISHMENT also shall include any rap parlor, which means any establishment or business providing non-professional conversation or companionship, regardless of whether or not the service may be attendant with the showing of motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in G.S. § 14-202.10.

(3) However, notwithstanding the foregoing, for purposes of this UDO, the designation ADULT ESTABLISHMENT shall not include:

(a) A massage business wherein massage is practiced only for therapeutic or treatment purposes and wherein there is no exposure or exhibition of specified anatomical areas as defined in G.S. § 14-202.10 and wherein there is no exhibition or activity of or relating to specified sexual activities as defined in G.S. § 14-202.10; or

(b) Any facility excepted from the definition of a regulated facility under Chapter 112 of the city code of ordinances.

(B) Location requirements.

(1) An adult establishment shall not be located within 1,000 feet of another adult establishment.

(2) An adult establishment shall not be located within 400 feet of any of the following, located within the city limits or ETJ:

(a) Residence or residential zoned property;

(b) Nursery schools, elementary schools, junior high schools, high schools;

(c) Public playgrounds; or

(d) Church or other place of worship.

(3) All measurements shall be made by drawing straight lines from the nearest point of the lot line where the proposed adult establishment is to be located to the nearest point of the lot line or boundary of the closest residence or other use enumerated above.

(C) Additional requirements.

(1) Light and noise.

(a) Flashing lights or fluttering devices designed and used to attract attention are not permitted.

(b) Amplification of sound directed outside of the building used by the establishment is not permitted.

(2) Additional information required for special use permit application. In addition to information required by the UDO for any special use permit application, the following additional information shall be required:

(a) The name, address and age of the applicant; or if a partnership, the names, addresses and ages of the persons who constitute the partnership; or if a corporation, the names, addresses and ages of its directors, officers and principal stockholders. Each application shall also include the names, ages and addresses of all present employees;

(b) A complete statement of convictions of any person whose name is required to be given in division (C)(2)(a) above for any crime other than traffic violations, including but not limited to, any felony, prostitution or violation of any local ordinance or state law related to adult establishments, pornography or indecent exposure; and

(c) A description of any other business to be operated on the same premises or on adjoining premises owned by or controlled by anyone listed in division (C)(2)(a) above.

(3) Procedure. The application for a special use permit for an adult establishment shall be acted on as prescribed by the UDO for any special use application. In addition:

(a) The city shall be given 30 days from receipt of a properly completed application form to verify the information contained in the application before any further steps are taken.

(b) The application must contain no misstatement of fact.

(c) The applicant, or any person having a legal or beneficial interest in the establishment, or any employee cannot have been convicted of any crime or ordinance violation involving sexual misconduct, including but not limited to G.S. §§ 14-177, 14-202.1, 14-203, 14-208 or any local, state or federal law related to racketeering or the possession, sale or distribution of a controlled substance.

(d) The applicant must conform to all requirements of applicable law, including building and fire prevention codes and the approval has been obtained pursuant to zoning requirements provided by law.

(4) Conditions leading to revocation of the special use permit. A special use permit issued pursuant to this section and Chapter 153 shall be revoked by the city, if by action of the Board of Adjustment using the procedures delineated in Chapter 162 finds the following:

(a) A misstatement of fact contained in the application is discovered after issuance of the permit;

(b) The applicant allows persons or corporations to own in interest in or be employed by the business after issuance of the permit which would have been in violation of division (2)(b) above if the same had owned an interest or been employed at the time of filing the application;

(c) The applicant has violated any provision of the UDO;

(d) The applicant or beneficial owner or an employee is convicted of any crime after issuance of the permit which is listed in division (2)(b) above; and/or

(e) The permittee violates any UDO, building or fire prevention ordinance.

(5) Restriction of uses on the same property or in the same building. There shall not be more than one adult business in the same building, structure or portion thereof. No other principal or accessory use may occupy the same building, structure, property or portion thereof with any adult business.

(6) Signs. Except for a business identification sign permitted in accordance with Chapter 157, no other exterior advertising, promotional materials or signage that is visible to the public from a road, sidewalk or walkway shall be permitted.

Table 155-8 Table of Permitted Uses

Use Type

SLUC M No.

R-A

R-20A

R-20

R-13

R-12

R-10

R-7

R-M

R-MH

N-B

H-C

O&I

H-I

L-I

M-R

G-S

Dev. Stds

Residential Uses 1000

Single-family detached home

1100

P

Modular home

1101

P

Manufactured home on individual lot, not in park

1401

S

P

§ 155.0703(A)

Manufactured home park

1402

S

§ 155.0703(I)

Nontraditional Residential Uses

Zero lot line detached home

1601

(CD)

§ 155.0703(B)

Semi-attached (duplex) home

1602

(CD)

§ 155.0703(C)

Multiplex attached home

1603

(CD)

§ 155.0703(D)

Townhouse dwelling

1604

(CD)

§ 155.0703(E)

Condominium

1605

(CD)

§ 155.0703(G)

Multi-family dwelling/
apartment complex

1606

(CD)

§ 155.0703(F)

Planned manufactured housing subdivision

1403

(CD)

§ 155.0703(H)

Residential cluster development

1902

(CD)

§ 155.0703(Q)

Traditional Neighborhood Development (TND)

1903

(CD)

§ 155.0703(S)

Upper story attached dwelling (mixed use)

1701

P

§ 155.0703(J)

Group Residential Uses

Boarding and rooming house

1210

S

§ 155.0703(K)

Bed and breakfast or tourist home

1211

S

§ 155.0703(L)

Residence halls or dormitories

1230

S

Family care home

1240

P

§155.0703(M)

Group care facility & halfway house

1240

S

§ 155.0703(N)

Retirement homes

1240

S

Orphanage

1242

S

§ 155.0703(O)

Religious quarters

1250

S

Motel, hotel and residential hotels

1300

S

P

Homeless shelter

1500

S

Temporary emergency shelter

1500

P

§ 155.0703(P)

Other group quarters

1290

S

Accessory Uses and Structures

Accessory uses and structures

1900

P

Boathouse

1900

S

Communication tower under 50 feet

4712

P

§ 155.0704(A)

Fence, wall

0

P

Gardens (accessory to residential)

8199

P

Home occupation

0

P

§ 155.0704(B)

Marina (accessory to residential)

7440

S(CD)

§ 155.0704(C)

Non-commercial AG uses (accessory to residential)

8199

P

Private stables & corrals

8199

P

S

Residential boat dock

8199

P

Satellite dish antenna

4740

P

§ 155.0704(D)

Signs

0

P

Billboards and commercial off-premise signs (in ETJ only)

0

P

§ 157.09( E)

Swimming pool (accessory to residential)

7432

P

§ 155.0704(E)

Temporary health care structures

1900

P

§ 155.0704(F)

Manufacturing & Industrial 2000-3000

Aircraft and parts

3442

P

S

Ammunition, small arms

3416

(CD)

S

Animal feeds (including dog & cat)

2142

(CD)

Animal slaughter or rendering

2194

(CD)

Apparel and finished fabric products

2300

P

Arms & weapons

3415

(CD)

Asbestos, abrasive & related products

3280

(CD)

Asphalt plant

2922

(CD)

Bakery products

2150

P

S

Batteries

3430

P

Beverage products

2180

P

Bicycle assembly, parts & accessories

3445

P

Boat and ship building

3443

P

Boat repair

3443

S

P

Brooms and brushes

3991

P

Burial caskets

3995

P

Cabinet and woodworking shops

2500

S

P

Carpets, bedding

2240

P

Chemicals, paints and allied products, except industrial inorganic

2850

(CD)

Coffee

2195

P

Communications equipment

3436

P

Computer and office equipment

3500

Concrete, cut stone & clay products

3270

(CD)

Costume jewelry and notions

3270

P

Drugs and pharmaceuticals

2833

S

P

S

Electronic and other electronic equipment

3435

P

Explosives and pyrotechnics

2892

(CD)

Fabricated metal products

3400

P

Fish and seafoods

2136

(CD)

S

Food preparation and related products

2190

(CD)

S

Furniture and fixtures

2500

S

P

Glass

3220

S

P

Hardware and housewares

3492

S

P

Heating, equipment, & plumbing fixtures

3493

P

Ice

2197

S

P

Industrial & commercial machinery

3420

P

Jewelry & silverware fabrication (no plating)

3911

P

Leather and leather products

2360

P

Lumber and wood, except furniture

2400

P

Machine shop

3420

P

Manufacturing housing and wood buildings

2433

P

Millwork, plywood and veneer

2430

P

Paper products

2600

(CD)

Printing and publishing, incidental to a newspaper office

2700

P

Ready-mix concrete

2710

P

S

P

Refrigerator or large appliance repair

3260

(CD)

Rubber and plastics, miscellaneous

3433

(CD)

S

Sheet metal shop

2820

P

Signs

3490

S

P

Soaps and cosmetics

3997

P

Sporting goods and toys

2840

P

Textiles

3930

(CD)

Tobacco products

2200

(CD)

Manufacturing or industrial, NEC

3960

(CD)

S

Transportation, Comm. & Utilities 4000

Airport or air transportation facility

4300

S

(CD)

S

Automobile parking (commercial)

4600

P

S

P

Automobile towing & storage service

4222

S

P

Bulk mail and packaging

4922

S

P

Bus terminal

4210

S(CD)

P

Communication and broadcasting facility

4700

S

Communications tower and all other radio, TV towers over 50 feet

4712

S

§ 155.0706(A)

Qualified small wireless facilities

4719

P

§ 155.0706(B)

Communications tower, public safety

4742

P

§ 155.0706(C)
Note: Special Use if tower is over 200'

Courier service

4925

S

P

Hazardous and radioactive waste (transportation, storage & disposal)

4900

(CD)

Marina (commercial), boat yard

4415

S

Public works and public utility facilities to immediate area

4810

S

§ 155.0706(D)

Railroad station

4100

S

Recycling collection station or point

4890

S

Recycling materials center/processing center

4890

(CD)

Sewage treatment plant

4841

S

§ 155.0706(E)

Solid waste disposal (non-hazardous), CDLF & LCID landfill

4855

(CD)

Solid waste disposal (non-hazardous) sanitary landfill

4854

(CD)

Taxi terminal

4291

S

Telephone exchange; transformer stations

4711

S

§ 155.0706(F)

Trucking or freight terminal

4921

S

Utility company office

4800

S

P

Utility lines

4811

P

Utility related appurtenances, sub.

4813

S

P

S

Utility service and maintenance facility

4819

S

P

Water treatment plant

4832

S

§ 155.0706(G)

Wind energy facilities/turbines

4819

Trade Uses; Wholesale Trade 5000

Dairy products

5142

S

Farm products raw materials

5150

S

Farm supplies and equipment

5182

S

P

Fish and seafoods

5145

(CD)

Forest products

5198

S

Furniture sales

5197

P

Hardware

5170

P

Horticultural, floricultural, nursery products

5159

P

Livestock

5156

S

Motor vehicle parts, used; auto parts salvage yard

5110

S

Office supplies and equipment

5183

S

P

Paint and wallpaper sales

5122

S

P

Petroleum and petroleum products, bulk storage; in excess of 1,200 gallons

5192

(CD)

§ 155.0707(A)

Scrap and waste materials; scrap processing; junk yard

5193

(CD)

§ 155.0707(B)

Wholesale trade, nec

5199

S

P

Trade Uses; Retail Trade 5000

Abc store (packaged liquor)

5920

S(CD)

P

Antique store

5930

P

Apparel and accessory store

5600

P

Appliance sales

5720

P

Auto supply sales

5510

P

Bakery

5460

S

P

Bar, nightclub, tavern, brewpub

5820

S(CD)

S

§ 155.0708(A)

Bicycle sales and service

5950

P

Boat sales

5591

S

Bookstore, except adult bookstore

5941

P

Building supply sales

5210

P

Catalog and mail-order houses

5320

S(CD)

P

Convenience store, no gas pumps

5400

P

S

Convenience store, with gas pumps

5530

P

S

Department variety or general merchandise

5392

S(CD)

P

Drugstore or pharmacy

5910

P

Flea market, indoor

5932

S(CD)

P

S

P

Floor covering, drapery or upholstery

5713

P

Florist

5991

P

Food stores, meat and fish markets fruit and vegetable markets

5410

S(CD)

P

S

Fuel oil sales, not in excess of 1,200 gallons

5982

S

Furniture display and showrooms

5711

S(CD)

P

Garden center or retail nursery

5960

S(CD)

P

Hardware store

5251

P

Home furnishings, miscellaneous

5700

P

Manufactured home sales

5200

S

§ 155.0708(B)

Processing, junk yard

5700

S

Merchandise display items (accessory to retail use)

P

§ 155.0708(C)

Miscellaneous shopping goods store, nec.

5999

S

P

S

Motor vehicle and motorcycle sales

5511

S

Newsstand

5993

P

Optical goods sales

5996

P

Pawnshop or used merchandise

5932

P

Pet store

5960

S

P

Consumer electronics store

5730

P

Recreational vehicle sales

5505

S

Restaurant (with drive through)

5810

P

§ 155.0708(D)

Restaurant (without drive through)

5810

S

P

Retail sales, miscellaneous, nec

5900

S

P

S

Service station, gasoline sales

5530

S

§ 155.0708(E)

Shopping center

5310

S

§ 155.0708(F)

Superstore

5900

S

§ 155.0708(G)

Tire sales

5520

P

Truck stop

5980

S

Video tape rental & sales except adult video store

5700

P

Services; Finance, Insurance and Real Estate Services

Bank, savings & loan, credit union

6110

S

P

Insurance agency, with on-site claims inspections

6142

P

Insurance agency, without on-site claims inspections

6141

P

Stock and commodity brokers

6130

P

Services; Personal Services

Barber shop, beauty shop

6230

P

Cemetery, columbarium or mausoleum (principal use)

6242

S

§ 155.0709(A)

Cemetery, columbarium or mausoleum on same property as church or other place of worship

6242

S

§ 155.0709(A)

Clothing alteration or repair

6251

P

Fortune tellers, astrologers

6201

S

P

Funeral home, crematorium

6240

S

§ 155.0709(B)

Laundromat, coin-operated

6214

(CD)

S(CD)

P

Laundry or dry cleaning plant; >5,000 square feet

6212

P

Laundry or dry cleaning; retail facility; <5,000 square feet

6212

P

Pet cemetery, pet crematorium

6242

S

Photography, commercial studio

6220

P

Shoe repair or shoeshine shop

6253

P

Tattoo parlor

6202

P

Services; Business Services

Automobile rental or leasing

6397

P

Equipment rental and leasing (no outside storage)

6394

P

Equipment rental and leasing (with outside storage)

6394

S

Farm product warehousing and storage

6371

P

Mini-storage (self-storage)

6379

S

§ 155.0709(C)

Moving and storage service

6375

S

P

Services; Repair Services

Automobile repair services

6410

S

§ 155.0709(D)

Bicycle repair

6490

P

Blacksmith

6499

P

Car wash, auto detailing

6412

S

Computer maintenance & repair

6491

P

Equipment repair, heavy

6400

P

Equipment repair, light

6400

P

Furniture refinishing and repair, upholstery shops

6376

P

Locksmiths, gunsmiths

6499

P

Tv, electronics repair

6492

P

Tire recapping

6411

S

P

Truck washing

6412

P

Watch, clock and jewelry repair

6493

P

Legal, Engineering and Other Professional Services

Professional, except medical

6500

P

Medical & Other Health Services

Ambulance service

6519

P

S

Hospital

6513

S

§ 155.0709(E)

Medical or dental laboratory

6514

P

Medical or dental office, clinic

6510

S

P

Nursing and convalescent home, rest home

6516

S

P

§ 155.0709(F)

Services; Construction Services

Contractor office with outside storage

6611

P

§ 155.0709(G)

Contractor office with no outside storage

6611

P

Roofing shop

6626

S

P

Tree service (with outdoor raw material/tree storage)

6600

P

§ 155.0709(K)

Welding shop

6626

S

P

Services; Government Services

Building maintenance services, no outdoor storage

6754

P

Correctional institution

6740

(CD)

Fire station/emergency medical

6722

P

Government office

6700

P

National guard/military reserve center

6750

S

Police station

6721

S

Post office

6730

S

P

School administration facility

6755

S

P

Services; Educational, Religious & Miscellaneous Services

Church or other place of worship

6911

S

Civic, social and fraternal clubs and lodges

6994

S

College university, technical institute

6820

S

Dance school, music institution

6835

P

Day care center, adult and child 5 or less clients (accessory use)

6811

P

§ 155.0709(H)

Day care center, adult and child 6-12 clients (principal use)

6811

S

§ 155.0709(I)

Day care center, adult and child, 13 or more clients (principal use)

6811

S

Elementary or secondary school

6812

S(CD)

S

Martial arts instructional school

6839

P

Truck driving school

6836

S

Vocational, business or secretarial school

6831

S

P

S

P

Services, miscellaneous nec

6900

S

P

S

Cultural, Entertainment & Recreational Uses 7000

Amusement or water parks, fairgrounds

7300

S

§ 155.0710(A)

Athletic fields

7423

S

§ 155.0710(B)

Auditorium, coliseum or stadium

7221

S

§ 155.0710(C)

Batting cages, indoor

7424

S

P

Batting cages, outdoor

7423

S

P

§ 155.0710(D)

Billiard parlor, pool hall no alcohol served

7396

S

P

Bingo parlor

7399

S

P

Bowling center

7417

S

P

Campground/RV park

7491

S

§ 155.0710(E)

Civic center

7231

S

Coin-operated amusement, except adult arcade & video gaming arcade

7391

P

Community center

7230

S

Country club with golf course

7412

S

Electronic gaming operations

7398

P

§ 155.0710(F)

Fishing lake

7515

S

Go-cart raceway

7394

S

§ 155.0710(G)

Golf course

7411

S

Golf course, miniature

7392

S

Golf driving range

7393

S(CD)

S

Hunting or game preserve

7515

S

Library

7111

S

P

Museum or art gallery

7112

P

Nature exhibitions

7120

P

Physical fitness center, training

7425

S(CD)

P

S

P

Private club or recreational facility

7425

S(CD)

P

S

P

§ 155.0710 (H)

Public park or recreational facility

7600

P

S

P

§ 155.0710 (I)

Race track operation

7223

S

(CD)

§ 155.0710 (J)

Retreat/
conference center

7230

S(CD)

P

Riding academy, riding stables, equestrian facility

7512

S

§ 155.0710 (K)

Shooting range, indoor

7399

S

§ 155.0710 (L)

Shooting range, outdoor

7399

S

§ 155.0710 (M)

Skating rink

7415

P

Sports and recreation club, indoor

7425

S(CD)

P

S

Swim and tennis club

7430

S(CD)

P

Theater (indoor), except adult theater

7212

S(CD)

P

S

Projection screen theater (outdoor)

7211

S

§ 155.0710 (N)

Video gaming (arcade)

7391

S

P

S

Resource Production and Extraction 8000

Bona fide farm operation, except livestock farming and commercial feeder/breeder operations

8100

E

Livestock farming & commercial feeder/breeder operations

8160

S

§ 155.0711 (A)

Horticultural, floricultural, landscape & nursery specialties

8192

P

Other agriculture, agricultural related activities

8200

P

Hunting or game preserve

7515

S

Veterinary and Pet Services

Pet grooming services

8220

S

P

S

Veterinary clinic

8221

S

P

Kennels, with no outside runs

8222

S

P

Kennels, with outside runs

8222

S

§ 155.0711 (B)

Animal shelter

8222

S

Forestry, Fishing and Mining

Forestry activities

8300

P

Fishing activities

8400

P

Mining, quarrying, sand pits and mineral extraction

8500

S

§ 155.0711 (C)

Undeveloped Land and Water Areas 9000

Undeveloped land except noncommercial forest development

9100

P

Noncommercial forest development

9200

P

Water area

9300

P

Temporary Uses

Arts and craft shows

7119

P

Carnivals, circuses and fairs

7310

S

§ 155.0713 (A)

Christmas tree, pumpkin and similar seasonal sales

5960

S

P

Concerts, stage show

7210

S

§ 155.0713 (B)

Convention, trade show

7232

S

P

S

P

Corn maze, hay rides and similar temporary uses associated with a bond fide farm operation

8192

P

§ 155.0713 (C)

Fireworks stand

5999

S

P

§ 155.0713 (D)

Horse show, rodeo

7222

S

Nonprofit civic events, outdoor

0

S

§ 155.0713 (E)

Outdoor flea market

5930

S

Outdoor fruit and vegetable market seasonal

5969

S

P

S

§ 155.0713 (F)

Outdoor religious event

6910

S

P

S

§ 155.0713 (G)

Temporary construction, storage or office; security residence; real estate sales or rental office (on-site with concurrent building permit for permanent building)

6154

P

§ 155.0713 (H)

Temporary portable storage container

6370

P

§ 155.0713 (I)

Turkey shoot

7230

S

§ 155.0713 (J)

Yard sale and

Garage sales

5930

P

§ 155.0713 (K)

Temporary and special events, nec

7290

S

§ 155.0713 (L)

Temporary RVs and FEMA-issued MHUs after a disaster declaration

P

§ 155.0713(M)

Miscellaneous Uses

Adult establishment

5900

S

§ 155.0714 (A)

All other military, Uses solely and directly related to

Military purposes

6750

S

P

Planned multiple occupancy group (commercial, office or industrial)

0

S

P

S

(Ord. passed 7-25-2011; Ord. 13-O-03, passed 9-23-2013; Ord. 16-O-02, passed 3-28-2016; Ord. 18-O-05, passed 8-22-2018; Ord. 19-O-02, passed 6-24-2019; Ord. 20-O-1, passed 2-24-2020; Ord. 20-O-02, passed 6-1-2020; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-12.A, passed 11-27-2023)

Table 155-9 Table of Density and Dimensional Requirements
District and Use	Min. Lot Area (sq. ft.)	Min. Lot Depth (ft.)	Min. Lot Width (ft.) (a)	Front Yard Setback (ft.)	Side Yard Setback (ft.)	Rear Yard Setback (ft.)	Max. Bldg. Height (ft.) (j)	Max. Lot Coverage (%) (h)	Development Standards
Single Family Detached and Modular Homes in the Following Residential Districts: (f)
R-A	217,800	300	300	30	30	30	35	10
R-20A & R-20	20,000 (b)	120	100	25	10	25	35	30
R-13	13,000	120	85	25	10	25	35	30
R-12	12,000	120	80	25	10	25	35	35
R-10	10,000	120	80	25	10	25	35	35
R-7	7,000	100	60	25	7	25	35	40
R-M	8,000	100	70	25	15	15	35	40
R-MH	5,000	80	40	20	15	10	35	50
Specific Residential Uses (Regardless of District):
Manufactured home on individual lot, not in park									§ 155.0703(A)
Zero lot line detached home									§ 155.0703(B)
Semi-attached (duplex) home									§ 155.0703(C)
Multiplex attached home									§ 155.0703(D)
Townhouse dwelling									§ 155.0703(E)
Multi-family dwelling/apart ment complex	8,000 plus 2,000 for each dwelling unit over 1	100	70 plus 5 for each unit over 1	25	15	15	35	40	§ 155.0703(F)
Condominium								§ 155.0703(G)
Planned manufactured housing subdivision	5,000	80	40	15	10	10	35	50	§ 155.0703(H)
Manufactured home park		§ 155.0703(I)
Upper story attached dwelling (mixed-use)		§ 155.0703(J)
Residential cluster development		§ 155.0703(Q)
Traditional neighborhood development		§ 155.0703(R)
Commercial Districts
H-C	n/a	n/a	n/a	20	15 (c)	20	50	50
N-B (g)
n/a	n/a	n/a	15	0 (h)(j)	20 (h)	50	50
Office & Institutional
O&I	n/a	n/a	n/a	20	15 (c)	20	35	50
Industrial Districts
H-I
90,000	300	300	60	50	50	50	50
L-I	60,000	300	200	60	30 (d)	50	50	50
Other Districts
G-S
M-R
Footnotes/notes:
(a) In all zoning districts, the frontage of an individual lot on a public street shall not be less than 35 feet. In R-MH Districts, the frontage for any lot shall not be less than 20 feet.
(b) A minimum of 20,000 sq. ft. is required for lots with public water but not public sewer and 30,000 sq. ft. is required for lots with neither public water nor public sewer or the minimum lot area as determined by the health department to be necessary for on-site septic system and/or well system.
(c) Required interior side yards in H-C, Highway Commercial and in O&I, Office and Institutional, may be reduced to the side property line, provided that the following conditions are met:
(1) A 4-hour rated firewall with a 2-hour rated parapet extended 3 feet above the roof shall be constructed along the full exterior side wall length;
(2) A 20-foot unobstructed fire lane shall be provided from the front of the property to the rear; or
(3) A dedicated alley sufficient to provide unobstructed access by fire equipment to the rear of the building from a public street is provided, and no point on the rear of the building shall be farther than 300 feet from a fire hydrant located on the alley. If no fire hydrant is convenient, the property owner may request that the City install a hydrant at the property owner's expense.
(d) If adjacent to a dwelling, then 50 feet side yards are required.
(e) Minimum lot width to maximum depth ratio shall be 1 to 3.
(f) Minimum residential density shall be 3.0 du/acre and maximum shall be 15.0 du/ac. Floor Area Ratio's shall not exceed .50, plus .10 for each additional story.
(g) Maximum lot coverage includes principal and accessory buildings.
(h) Structures may be built on the property line or a minimum of five feet from the property line. Any structure built on the property line must have fire walls that comply with the State Building Code.
(i) Side or rear property lines that abut a residential zoning district shall contain a buffer strip in compliance with the standards of Chapter 157.
(j) Height limits shall not exceed 50 feet in any district unless otherwise noted in the UDO.
Notes:
1. Setback distances shall be measured from the street right-of-way line or property line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it nor a building part allowed to encroach into a setback (see § 155.03(C)).
2. Whenever a greater building setback is required by the State Building Code, the greater setback shall be provided.
3. See § 155.03(H) for calculating setback distance from private streets and for situations where no road private street right-of-way or easement exists.
4. See Chapter 161 for setbacks on nonconforming lots of record.

(Ord. passed 7-25-2011)