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(A) Purpose.
(1) This district is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.
(2) This district is considered to be the proper zoning classification for one-half-acre lot developments for single-family dwelling use. This district is intended to be composed of single-family dwellings.
(3) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.
(4) It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
(5) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.
(B) Permitted uses.
(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;
(2) One detached single-family dwelling per lot;
(3) A single one-story detached building used as a tool or storage shed, playhouse, or similar use, provided the floor area does not exceed 120 square feet and the height does not exceed ten feet (no building permit required);
(4) A single detached accessory building, built of like materials and design as the main building, that does not exceed 2% of the total square footage of the lot or parcel of land (for example, 22,000 square feet x .02 = 440 square feet) and 15 feet in height or 50% of the area of the main building. The maximum size may not exceed 900 square feet in area or 15 feet in height;
(5) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times;
(6) Temporary on-site construction offices, limited to the period of construction with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;
(7) Home occupations;
(8) Paved automobile parking areas which are necessary to the uses permitted in this district;
(9) All municipality owned or controlled facilities, utilities, and uses;
(10) Private residential swimming pools as an accessory to a residential use;
(11) Private unlighted residential tennis courts on the same lot as an accessory to a residential use;
(12) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;
(13) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units;
(14) For a guest house, the maximum size may not exceed 900 square feet in area on parcels of land under two acres in size, or 1,742 square feet on parcels of land two acres or greater in size. It must comply with all area requirements of the district and may not be made available or used for lease, rent, or hire, and the owner of the use may not receive remuneration for the use of one of the above. In addition, the uses shall not be sold or conveyed separately without the meeting the requirements of the Subdivision Ordinance;
(15) For servant's quarters, the quarters may be a portion of the main building or, if the parcel of land exceeds two acres in size, the quarters may be a separate building not exceeding 1,742 square feet in total floor area. The quarters must comply with all area requirements of the district and may not be made available or used for lease, rent, or hire, and the owner of the use may not receive remuneration for the use of one of the above. In addition, the uses shall not be sold or conveyed separately without meeting the requirements of the Subdivision Ordinance; and
(16) A single open landscape structure on the same lot as an accessory to a residential use and used as a trellis, arbor, pergola, gazebo, or outdoor kitchen that does not exceed 350 square feet in area and 15 feet in height.
(C) Conditional uses (require use permits, see § 159.43).
(1) Associated recreation and/or community clubs;
(2) Guest houses or separate servant quarters;
(3) Accessory buildings that do not conform to the requirements specified in division (B)(4) above;
(4) Facilities for railroads or those utilities holding a franchise in the city;
(5) Paved parking facilities for nonresidential uses that are not allowed in this district if properly screened, buffered, and landscaped;
(6) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;
(7) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and
(8) Agricultural use.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The storage of equipment, material, or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district;
(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required; and
(4) Day care centers.
(E) Area requirements.
(1) Minimum lot area: one-half acre (22,000 square feet);
(2) Maximum number of single-family detached dwellings per lot: one;
(3) Minimum square footage per dwelling unit: 1,500 square feet;
(4) Minimum lot frontage width: 90 feet at the front building line;
(5) Minimum lot depth: 175 feet;
(6) Minimum depth of front setback: 30 feet;
(7) Minimum depth of rear setback: 25 feet for main building and ten feet for accessory building or other structure;
(8) Minimum width of side setback:
(a) Internal lot: 15 feet; and
(b) Side yard setback abutting street: 30 feet.
(9) Minimum distance between separate buildings on the same lot or parcel of land: 15 feet;
(10) Minimum length of driveway pavement: from public right-of-way building line or 30 feet whichever is greater;
(11) Maximum building coverage as a percentage of lot area: 35%;
(12) Maximum height of structures: 35 feet; and
(13) Minimum number of paved off-street parking spaces required for:
(a) One single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and
(2005 Code, § 12-2-3) (Ord. 000615, passed - -; Ord. 010419D, passed - -; Ord. 151013C, passed 11-10-2015; Ord. 181211B, passed 12-11-2018)
(A) Purpose.
(1) This district is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.
(2) This district is considered to be the proper zoning classification for 15,000 square feet lot developments for single-family dwelling use. This district is intended to be composed of single-family dwellings.
(3) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.
(4) It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.
(5) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.
(B) Permitted uses.
(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;
(2) One detached single-family dwelling per lot;
(3) A single one-story detached building used as a tool or storage shed, playhouse, or similar use, provided the floor area does not exceed 120 square feet and the height does not exceed ten feet (no building permit required);
(4) A single detached accessory building, built of like materials and design as the main building, that does not exceed 2% of the total square footage of the lot or parcel of land (for example, 15,000 square feet x .02 = 300 square feet) and 15 feet in height or 50% of the area of the main building. The maximum size may not exceed 900 square feet in area or 15 feet in height;
(5) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times;
(6) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;
(7) Home occupations;
(8) Paved automobile parking areas which are necessary to the uses permitted in this district;
(9) All municipality owned or controlled facilities, utilities, and uses;
(10) Private residential swimming pools as an accessory to a residential use;
(11) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;
(12) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units; and
(13) A single open landscape structure on the same lot as an accessory to a residential use and used as a trellis, arbor, pergola, gazebo, or outdoor kitchen that does not exceed 350 square feet in area and fifteen feet in height.
(C) Conditional uses (require use permits, see § 159.43).
(1) Associated recreation and/or community clubs;
(2) Accessory buildings that do not conform to the requirements specified in division (B)(4) above;
(3) Facilities for railroads or those utilities holding a franchise in the city;
(4) Paved parking facilities for temporary nonresidential uses that are not allowed in this district if properly screened, buffered, and landscaped;
(5) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;
(6) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and
(7) Agricultural use.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The storage of equipment, material, or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district;
(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required; and
(4) Day care centers.
(E) Area requirements.
(1) Minimum lot area: 15,000 square feet;
(2) Maximum number of single-family detached dwelling units per lot: one;
(3) Minimum square footage per dwelling unit: 1,500 square feet;
(4) Minimum lot width: 80 feet at the front building line;
(5) Minimum lot depth: 125 feet;
(6) Minimum depth of front setback: 30 feet;
(7) Minimum depth of rear setback: 25 feet for main building and ten feet for accessory building or other structure;
(8) Minimum width of side setback:
(a) Internal lot: ten feet; and
(b) Side yard setback abutting street: 30 feet.
(9) Minimum distance between separate buildings on the same lot or parcel of land: 15 feet;
(10) Minimum length of driveway pavement: from public right-of-way to building line or 30 feet whichever is greater;
(11) Maximum building coverage as a percentage of lot area: 35%;
(12) Maximum height of structures: 35 feet; and
(13) Minimum number of paved off-street parking spaces required for:
(a) One single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and
(2005 Code, § 12-2-4) (Ord. No. 000615, passed - -; Ord. 151013C, passed 11-10-2015; Ord. 181211B, passed 12-11-2018)
(A) Purpose.
(1) This district is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.
(2) The Duplex Residential District is established to provide adequate space and site diversification, duplex type residential development with two dwelling units per lot, and almost twice the density of a typical single-family development, and to adjust the area requirements accordingly.
(3) Duplex type development is a low to medium density use, and additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space shall be met before development to such use.
(4) Duplex developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential traffic, or from pollution and/or environmental hazards.
(B) Permitted uses.
(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;
(2) One single-family detached dwelling must meet the requirements of the SF-15 District;
(3) One duplex on a lot with fire retardant walls, separate utility meters, and separate sewer lines;
(4) One accessory building not larger than 120 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;
(5) Accessory buildings not larger than 100 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;
(6) Temporary real estate sales offices located on property being sold, limited to the period of sale with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;
(7) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;
(8) Paved automobile parking areas which are necessary to the uses permitted in this district;
(9) All municipality owned or controlled facilities, utilities, and uses;
(10) Private residential swimming pools as an accessory to a residential use;
(11) Home occupations;
(12) Private unlighted residential tennis counts on the same lot as an accessory to a residential use;
(13) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and
(14) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.
(C) Conditional uses: (require use permits, see § 159.43).
(1) Associated recreation and/or community clubs;
(2) Facilities for those utilities holding a franchise in the city;
(3) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;
(4) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and
(5) Agricultural use.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district;
(3) Any use of property that does not meet the required minimum lot sizes; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required; and
(4) Day care centers.
(E) Area requirements.
(1) Single-family detached units shall meet the area requirements of the SF-15 District;
(2) Minimum lot area: 15,000 square feet;
(3) Maximum number of single-family attached dwelling units per lot: two;
(4) Minimum square footage per each attached dwelling unit: 1,200 square feet;
(5) Minimum lot width: 90 feet at front building line;
(6) Minimum lot depth: 175 feet;
(7) Minimum depth of front setback: 30 feet;
(8) Minimum depth of rear setback: 25 feet;
(9) Minimum width of side setback:
(a) Abutting structures separated by fire retardant walls: 0 feet;
(b) Internal lot: ten feet; and
(c) Side yard setback abutting street: 20 feet;
(10) Minimum distance between buildings on the same lot or parcel of land: 15 feet;
(11) Minimum length of driveway pavement from the public right-of-way on a side or rear yard: 20 feet;
(12) Maximum height of structures: 35 feet;
(13) Maximum building coverage as a percentage of lot area: 45% of lot area; and
(14) Minimum number of paved parking spaces required for:
(a) Each attached residential dwelling unit: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirements); and
(2005 Code, § 12-2-5) (Ord. 000615, passed - -; Ord. 181211B, passed 12-11-2018)
(A) Purpose.
(1) The Townhouse Residential District is established to provide adequate space and site diversification for residential development that is single-family, on separate lots, and typically owner occupied.
(2) The zone recognizes the difference between single-family detached and single-family attached dwelling units, and has adjusted the area requirements accordingly.
(3) Areas zoned for this use shall have or provide for water and fire protection, wastewater, drainage, access to paved streets, and adequate open space should be met or provided for before zoning to this district.
(4) Townhouse developments must be properly buffered from nonresidential usage and protected from high volumes of non-single family traffic, or from pollution and/or environmental hazards.
(B) Permitted uses.
(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;
(2) One single-family detached dwelling (other than zero lot line detached dwellings) shall meet the area requirements of division (E) below; and one single-family detached zero-lot line dwelling shall meet the area requirements of division (F) below;
(3) Townhouses, attached; or patio homes, detached, with fire walls and zero-lot line;
(4) Temporary real estate sale offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and a one-year extension being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times; and
(5) One accessory building not larger than 120 square feet of floor area nor taller than ten feet in height, used as an accessory to a residential use on the same lot.
(C) Conditional uses (require use permits, see § 159.43).
(1) Associated recreation and/or community clubs;
(2) Facilities for those utilities holding a franchise in the city;
(3) Paved parking facility for nonresidential uses that are not allowed in this district provided they are properly screened, buffered, and landscaped;
(4) Mobile construction offices;
(5) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;
(6) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;
(7) Agricultural use; and
(8) Day care center and day nursery.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and
(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width.
(E) Area requirements.
(1) Single-family dwellings (other than zero-lot line detached dwellings) and duplexes shall meet the area requirements of this division (E);
(2) Minimum lot area: 10,000 square feet;
(3) Maximum number of single-family attached dwelling units per lot: two;
(4) Minimum square footage per dwelling unit: the first floor of each attached dwelling unit shall contain at least 1,200 square feet of enclosed living space;
(5) Minimum lot frontage on a public street: 80 feet;
(6) Minimum lot depth: 100 feet;
(7) Minimum depth of front setback: 30 feet;
(8) Minimum depth of rear setback: 25 feet;
(9) Minimum width of side setback:
(a) Abutting structures separated by fire retardant walls: 0 feet;
(b) Internal lot: 20 feet; and
(c) Side yard setback abutting street and arterial: 30 feet.
(10) Minimum separation between attached buildings: every 250 feet there shall be a minimum of 20 feet between buildings;
(11) Minimum distance between buildings on the same lot or parcel of land: 20 feet;
(12) Minimum length of driveway pavement from the public right-of-way from R.O.W. line to building line or 20 feet whichever is greater;
(13) Maximum height of structures: 35 feet;
(14) Maximum building coverage as a percentage of lot area: 45%;
(15) Minimum amount of permanent, landscaped open space: 10% of total lot;
(16) Minimum number of off-street parking spaces required for:
(a) One single-family attached or detached dwelling unit:
1. Rear or side entry garage: two spaces; and
2. Front entry garage: two spaces. An enclosed garage shall not be considered in meeting the off-street parking requirements.
(17) All common walls shall be constructed of masonry or other fireproof material of ten-inch minimum thickness and extended from the finished floor level to two feet above the roof line.
(F) Area requirements; zero-lot line.
(1) The zero-lot line Townhome District is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.
(2) Single-family zero-lot line detached dwellings shall meet the area requirements of this division (F);
(3) Lot area and density:
(a) Minimum lot area: 6,000 square feet; and
(b) Maximum density: no more than five dwelling units per acre.
(4) Minimum square footage per dwelling unit: the floor of each dwelling unit shall contain at least 1,500 square feet of enclosed living space;
(5) Minimum lot frontage on a public street, as measured at the platted front building line: 50 feet;
(6) Minimum lot depth as measured perpendicularly to the center point of the platted front building line: 90 feet;
(7) Minimum depth of front setback: 20 feet;
(8) Minimum depth of rear setback:
(a) Main building: 15 feet; and
(b) Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.
(9) Minimum width of side setback:
(a) Zero lot line abutting adjacent side yard:
1. Main building, one side: zero feet; and
2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.
(b) Internal lot:
1. Main building: side opposite zero setback: ten feet; and
2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.
(c) Abutting street and arterial: 20 feet.
(10) Minimum length of driveway pavement from the public right-of-way or rear alley right-of-way: 20 feet;
(11) Maximum building coverage as a percentage of lot area: 50%;
(12) Maximum height of structure: 36 feet; and
(13) Minimum number of off street parking spaces:
(a) Rear or side entry: two spaces;
(b) Front entry garage: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirement); and
(2005 Code, § 12-2-6) (Ord. 941006A, passed - -; Ord. 000323C, passed - -; Ord. 000615, passed - -; Ord. 010419, passed - -; Ord. 010419D, passed - -; Ord. 181211B, passed 12-11-2018)
(A) Purpose.
(1) The (MF-8) High Density Multi-Family District is established to provide adequate space and site diversification for high density areas.
(2) This zone allows high density developments, and should be located where additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space are met. MF-8 uses should not run traffic over long distances of single-family neighborhoods, and should be located close to arterials or collectors capable of carrying the additional traffic.
(3) Multi-family developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential land uses and traffic, or from pollution and/or environmental hazards.
(B) Permitted uses.
(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;
(2) One single-family detached dwelling must meet the requirements of the SF-15 District;
(3) Duplexes meeting the requirements of the (DP) Duplex Residential District;
(4) For one townhouse, or patio home per lot, structures must meet the area requirements of the TH District;
(5) Multiple-family dwelling units;
(6) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such office to be maintained at all times;
(7) Temporary on-site construction offices limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such office to be maintained at all times;
(8) Paved automobile parking areas which are necessary to the uses permitted in this district;
(9) Home occupations;
(10) Municipally owned or controlled facilities, utilities, and uses;
(11) Accessory recreational uses such as tennis courts or swimming pools, designed for use by residents of a specific project. Lighting for such uses shall be designed so as not to glare across property lines, nor glare into residential areas on the same property;
(12) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and
(13) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.
(C) Conditional uses (require use permits, see § 159.43).
(1) For associated recreation and/or community clubs, the uses shall be included in calculating the coverage requirements of this district;
(2) Facilities for those utilities holding a franchise in the city;
(3) Portable buildings on the same lot;
(4) Paved parking facilities for nonresidential uses not allowed in this district, if properly screened, buffered, and landscaped;
(5) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;
(6) Day care centers;
(7) Agricultural use; and
(8) One storage building used as an accessory to a residential use on the same lot.
(D) Prohibited uses.
(1) Any building erected or land used for other than one or more of the preceding specified uses;
(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and
(3) Any use of the property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre is required.
(E) Area requirements.
(1) Townhouses shall meet the requirements of the TH District;
(2) Duplexes shall meet the requirements of the DP District;
(3) Minimum site lot area, as defined herein: one acre;
(4) Minimum living area: 1,000 square feet;
(5) Maximum density per each acre: eight units/acre;
(6) Minimum lot frontage on a public street: 100 feet;
(7) Minimum lot depth: 100 feet;
(8) Minimum depth of front setback: 30 feet;
(9) Minimum depth of rear setback:
(a) One-story structure: 25 feet; and
(b) Two-story structure: 50 feet.
(10) Minimum width of side setback:
(a) Abutting a single-family, townhouse, or duplex district:
1. One-story structure: 25 feet; and
2. Two-story structure: 50 feet.
(b) Internal lot: 20 feet; and
(c) Side yard setback abutting street or arterial: 30 feet.
(11) Minimum distance between buildings on the same lot or parcel of land:
(a) Ten feet from main to accessory buildings;
(b) Twenty feet for two main buildings with doors or windows in facing walls; and
(c) Fifteen feet for two main buildings without doors or windows in facing walls.
(12) Maximum building coverage as a percentage of lot area, as defined herein: 45%;
(13) Maximum height of structures: 36 feet; and
(14) Minimum amount of permanent, landscaped open space: 20% of total lot area, as defined herein, with 30% of total requirement located in the required front yard as defined. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes, and approved by the Building Official;
(F) Required conditions.
(1) Any owner, builder or developer of a multiple-family dwelling complex or single-family townhouse attached unit shall submit to the Architectural Review Board and the Planning and Zoning Commission for review and approval, the site and building plan for the proposed development at the time the zoning request is made. In any case, a site plan shall be submitted and approved prior to an application for a building permit. The contents of this site plan shall contain drawings to scale to indicate as needed:
(a) Location of all structures proposed and existing on the subject property and within 20 feet on adjoining property;
(b) Landscaping and/or fencing of yards and setback areas and proposed changes;
(c) Design of ingress and egress;
(d) Location of adjacent zoning districts;
(e) Off-street parking and loading facilities;
(f) Height of all structures;
(g) Proposed uses;
(h) Location and types of all signs, including lighting and heights;
(i) An outdoor lightning plan in conformance with Chapter 98, “Outdoor Lighting/Dark Sky Ordinance”, as amended, to the extent practicable.
(j) Fire lanes;
(k) Solid waste facilities; and
(l) Utility service locations.
(2) The purpose of the site plan review is:
(a) To insure compliance with the Zoning Ordinance, while allowing for design flexibility;
(b) To assist in the orderly and harmonious development of the city;
(c) To protect adjacent uses from obstructions to light, air and visibility;
(d) To provide protection from fire;
(e) To avoid undue concentrations of population and overcrowding of land; and
(f) To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.
(3) After receiving a recommendation from the Architectural Review Board, the Planning and Zoning Commission may approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this chapter and other applicable ordinances, and if the Commission finds that the proposed development will not be detrimental to the health, safety or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to the neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the city; and
(4) The site plan shall be submitted to the City Secretary two weeks prior to the regularly scheduled Architectural Review Board meeting for review as established by the Architectural Review Board.
(2005 Code, § 12-2-7) (Ord. 000615, passed - -; Ord. 181127B, passed 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)
(A) Purpose. This section is intended to preserve the public health, safety, morals, and promote the general welfare of the residents of the city by creating regulations and construction standards for the establishment of local retail districts within the city. Particular consideration is given to the necessity of septic sewage systems, the regulation of density developments, the preservation of the rural environment, establishment of noise and site buffer zones, and promotion of quality development likely to hold its value and provide fire protection and safety.
(B) Permitted uses.
(1) Buildings within this district shall be restricted to the following uses: retail stores, offices, photographic studios, financial institutions, restaurants, municipal buildings, grocery stores, medical and dental offices and clinics, dry cleaning establishments or pickup stations (excluding central dry cleaning plants), barber shops, beauty shops, drug stores, day care, and mortuary or funeral chapel. Any high noise or industrial use is not permitted. All other uses are prohibited.
(2) Retail establishments may sell beer and wine for off-premise consumption pursuant to state law and Chapter 116 of this code by right if they are located on property that was within the city limits as of May 12, 2012;
(3) Alcoholic beverage sales. See Chapter 116
, Sale and Distribution of Alcoholic Beverages, of this code.
(C) Conditional uses (require use permits, see § 159.43).
(1) Any form of drive-in or drive-through, including a service window for pick-up, associated with a retail establishment.
(2) Gasoline service station.
(3) Any form of gas fueling station associated with retail use.
(D) Required conditions.
(1) All business operations including storage shall be conducted within a completely enclosed building (except for off-street parking or loading). Sales displays shall be confined to the structures authorized in this chapter. Sales displays outside of the structures authorized in this chapter are prohibited, except by special temporary permit; and
(2) Any owner, builder, or developer of a tract or parcel of land located within this district shall submit, prior to the issuance of a building permit, to the Architectural Review Board, Planning and Zoning Commission, and City Council for review and approval, a site building plan and an outdoor lighting plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in § 159.40. Upon approval, the development shall comply with approved site plan requirements. The contents of the outdoor lighting plan shall comply with the requirements as specified in Chapter 98, as amended.
(E) Area requirements.
(1) Minimum lot area, as defined herein: one acre;
(2) Minimum site frontage on a public street: 100 feet;
(3) Minimum site depth: 200 feet;
(4) Minimum depth of front setback: 50 feet, without parking. First 20 feet shall be landscaped buffer with a minimum two and one-half foot earthen berm;
(5) Minimum width of side setback: 20 feet.
(6) Minimum depth of rear setback: 20 feet;
(7) Minimum distance between detached buildings on the same lot or parcel of land: 20 feet;
(8) Minimum requirement for construction:
(a) Structures: buildings shall have a concrete foundation and floor. Weightbearing walls shall be of masonry material. Non-weightbearing walls shall be constructed with metal studs;
(b) Roofing: shall be 100% noncombustible. Wooden shingles are prohibited;
(c) Exterior building facing: each building facing shall consist of 80% masonry materials, subject to the masonry provisions contained in § 159.07; and
(d) Septic tank and lines shall not be under paved areas.
(9) Minimum square footage of building 1,200 square feet;
(10) Maximum square footage of building: 30,000 square feet;
(11) Maximum building coverage as a percentage of lot area, as defined herein: 40%;
(12) Maximum amount of impervious coverage as a percentage of lot area, as defined herein: 65%;
(13) Minimum amount of landscaped areas as a percentage of total lot area, as defined herein: 35%, with 50% of the total requirement located in the required front yard. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes and approved by the building official;
(14) Minimum distance between landscaping berm and entrance: ten feet;
(15) Maximum height of structures: 25 feet. Any structure over 25 feet shall require a conditional use permit. If building height exceeds 25 feet, the building shall be set back an additional amount of one-half the height of the building which exceeds 25 feet from all lot lines abutting residentially zoned property measured along a line equal to the median grade level;
(17) Entrance and/or exit requirements: minimum of two;
(18) Lots with nonresidential uses that have a side or rear contiguous or separated only by an alley or easement, from any residential district must be separated from such residential district by a masonry wall with a minimum height of six feet permanently maintained by the owner;
(19) Sidewalks shall be required along all streets with a minimum four-foot width. Access ramps to sidewalks for wheelchairs will be required; and
(20) The building code may impose more restrictive area requirements depending on the size, use, and construction of the structures.
(2005 Code, § 12-2-8) (Ord. 050915D, passed 9-15-2005; Ord. 120417D, passed 4-17-2012; Ord. 150414B, passed 4-14-2015; Ord. 181127A, passed 11-27-2018; Ord. 181127B, passing 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)
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