165.16 LAND USES AND REGULATIONS BY DISTRICT.

   Land use regulations and standards for development in all districts are provided by zone districts.

   1.   A-Agriculture Zone District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
Single-Family Dwellings	1 acre	150 feet	1 acre	35 feet	15 feet	30 feet	25 feet	35 feet	3 habitable stories or 35 feet
Family Home	1 acre	150 feet	1 acre	35 feet	15 feet	30 feet	25 feet	35 feet	35 feet
Agriculture Use Structures	???	???	???	35 feet	15 feet	30 feet	25 feet	35 feet	45 feet
Other Uses	1 acre	150 feet	???	35 feet	15 feet	30 feet	25 feet	35 feet	45 feet
Conditional Uses:
Group Homes	1 acre	150 feet	1 acre	35 feet	15 feet	30 feet	25 feet	35 feet	3 habitable stories or 35 feet
Other Uses	As specified by Board of Adjustment
Supplementary Side Yard Requirements:	For all permitted principal and conditional uses, the minimum width of a required single side yard shall be increased by one foot for every 200 square feet that the surface area of a structure wall on the same lot and facing such side yard exceeds 900 square feet in area. However, the additional width required shall not exceed 15 feet.

 

      C.   Special Use Permit. See Sections 165.25 and 165.85.

      D.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Sections 165.23(9).

      E.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

   2.   R-1 Single Family Residence District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
One-Family Unit, Detached	10,000 sq. ft.	70 feet	10,000 sq. ft.	30 feet	8 feet	17 feet	20 feet	30 feet	3 habitable stories or 35 feet
Family Home	10,000 sq. ft.	70 feet	10,000 sq. ft.	30 feet	8 feet	17 feet	20 feet	30 feet	35 feet
Agriculture Use Structures	3 acres	???	???	30 feet	15 feet	30 feet	20 feet	30 feet	35 feet
Other Uses	10,000 sq. ft.	70 feet	???	30 feet	15 feet	30 feet	20 feet	30 feet	35 feet
Conditional Uses:
Cemetery Use Structures	10 acres	300 feet	???	30 feet	15 feet	30 feet	20 feet	30 feet	35 feet
Day Care Center	10,000 sq. ft.	70 feet	???	30 feet	15 feet	30 feet	20 feet	30 feet	3 habitable stories or 35 feet
Group Homes	1 acre	70 feet	10,000 sq. ft.	30 feet	8 feet	17 feet	20 feet	30 feet	3 habitable stories or 35 feet
Nursery Use Structures	10 acres	200 feet	???	30 feet	15 feet	30 feet	20 feet	30 feet	35 feet
Supplementary Side Yard Requirements:	For all permitted principal and conditional uses, the minimum width of a required single side yard shall be increased by one foot for every 200 square feet that the surface area of a structure wall on the same lot and facing such side yard exceeds 900 square feet in area. However, the additional width required shall not exceed 15 feet.

 

      C.   Special Use Permit. See Sections 165.25 and 165.85.

      D.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Sections 165.23(9).

      E.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Sections 165.30-165.36.

   3.   R-3 Single Family Residence District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
One-Family Unit, Detached	7,500 sq. ft.	60 feet	7,500 sq. ft.	25 feet	5 feet	14 feet	20 feet	25 feet	3 habitable stories or 35 feet
Family Home	7,500 sq. ft.	60 feet	7,500 sq. ft.	25 feet	5 feet	14 feet	20 feet	25 feet	35 feet
Other Uses	10,000 sq. ft.	70 feet	???	25 feet	12 feet	25 feet	20 feet	25 feet	35 feet
Conditional Uses:
Agriculture Use Structures	3 acres	???	???	25 feet	5 feet	14 feet	20 feet	25 feet	35 feet
Cemetery Use Structures	5 acres	200 feet	???	25 feet	12 feet	25 feet	20 feet	25 feet	35 feet
Day Care Center	7,500 sq. ft.	60 feet	???	25 feet	12 feet	25 feet	20 feet	25 feet	3 habitable stories or 35 feet
Group Homes	7,500 sq. ft.	60 feet	7,500	25 feet	5 feet	14 feet	20 feet	25 feet	3 habitable stories or 35 feet
Supplementary Side Yard Requirements:	For all permitted principal and conditional uses, the minimum width of a required single side yard shall be increased by one foot for every 200 square feet that the surface area of a structure wall on the same lot and facing such side yard exceeds 900 square feet in area. However, the additional width required shall not exceed 15 feet.

 

      C.   Special Use Permit. See Sections 165.25 and 165.85.

      D.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      E.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Sections 165.30-165.36.

   4.   R-5 Residence District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
One-Family Unit, Detached	6,000 sq. ft.	50 feet	6,000 sq. ft.	25 feet	5 feet	14 feet	20 feet	25 feet	3 habitable stories or 35 feet
Family Home	6,000 sq. ft.	60 feet	6,000 sq. feet	25 feet	5 feet	14 feet	25 feet	25 feet	3 habitable stories or 35 feet
Group Home	6,000 sq. ft.	60 feet	6,000 sq. feet	25 feet	5 feet	14 feet	25 feet	25 feet	3 habitable stories or 35 feet
Zero Lot Line	3,500 sq. ft.	40 feet	3,500 sq. feet	25 feet	7 feet	15 feet	20 feet	25 feet	3 habitable stories or 35 feet
Two-Family Unit, Attached	6,000 sq. feet	60 feet	3,000 sq. feet	25 feet	5 feet	14 feet	20 feet	25 feet	3 habitable stories or 35 feet
Conditional Uses:
Day Care Center	5,000 sq. ft.	50 feet	???	25 feet	12 feet	25 feet	25 feet	25 feet	3 habitable stories or 35 feet
Other Uses	As specified by Board of Adjustment
Supplementary Side Yard Requirements:

 

      C.   Special Use Permit. See Sections 165.25 and 165.85.

      D.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      E.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Sections 165.30-165.36.

   5.   R-7 Multiple Family Residence District

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
Family Home	6,000 sq. ft.	60 feet	6,000 sq. ft.	25 feet	5 feet	14 feet	25 feet	25 feet	3 habitable stories or 45 feet
Row House Dwellings	???	30 feet 1	4,000 sq. ft.	25 feet	8 feet 2	20 feet	25 feet	25 feet	3 habitable stories or 45 feet
Two-Family Unit, Attached	5,000 sq. ft.	50 feet	2,500 sq. ft.	25 feet	5 feet	14 feet	15 feet	25 feet	3 habitable stories or 45 feet
Zero Lot Line	3,500 sq. ft.	25 feet	3,500 sq. ft.	25 feet	5 feet	14 feet	15 feet	25 feet	3 habitable stories or 45 feet
Group Home	6,000 sq. ft.	60 feet	6,000 sq. ft.	25 feet	5 feet	14 feet	25 feet	25 feet	3 habitable stories or 45 feet
Multiple-Family Units	???	60 feet	1,200 sq. ft.	25 feet	8 feet	20 feet	20 feet	25 feet	45 feet
Rooming and Boarding House	???	60 feet	1,200 sq. ft.	25 feet	8 feet	20 feet	20 feet	25 feet	45 feet
Fraternities and Sororities	???	60 feet	600 sq. ft.	25 feet	8 feet	20 feet	20 feet	25 feet	45 feet
Other Uses	???	60 feet	???	25 feet	8 feet	20 feet	20 feet	25 feet	45 feet
1 Per row house dwelling 2 Interior side yards for other than end row house units are 0.
Conditional Uses:
One-Family Unit, Detached	5,000 sq. ft.	50 feet	5,000 sq. ft.	25 feet	5 feet	14 feet	15 feet	25 feet	3 habitable stories or 45 feet
Other Uses	As specified by Board of Adjustment
Supplementary Side Yard Requirements:	For all permitted principal and conditional uses, the minimum width of a required single side yard shall be increased by one foot for every 200 square feet that the surface area of a structure wall on the same lot and facing such side yard exceeds 900 square feet in areas. However, the additional width required shall not exceed 15 feet.

 

      C.   Special Use Permit. See Sections 165.25 and 165.85.

      D.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      E.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Sections 165.30-165.36.

   6.   R-MH Mobile Home Park Residence District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Lot Size, Density and Bulk Requirements.

Uses	Minimum Lot Size Requirement			Minimum Yard Requirements					Maximum Height
	Lot Area	Lot Width	Lot Area Per D.U.	Front Yard	Interior Side Yards		Corner Side Yard	Rear Yard
					Single	Combined
Principal Permitted Uses:
Family Home	6,000 sq. ft.	60 feet	6,000 sq. ft.	25 feet	5 feet	14 feet	25 feet	25 feet	3 habitable stories or 45 feet
Conditional Uses:
One-Family Unit, Detached	5,000 sq. ft.	50 feet	5,000 sq. ft.	25 feet	5 feet	14 feet	15 feet	25 feet	3 habitable stories or 45 feet
Two-Family Units, Attached	5,000 sq. ft.	50 feet	2,500 sq. ft.	25 feet	5 feet	14 feet	15 feet	25 feet	3 habitable stories or 45 feet
Other Uses	As specified by Board of Adjustment
Supplementary Side Yard Requirements:	For all permitted principal and conditional uses, the minimum width of a required single side yard shall be increased by one foot for every 200 square feet that the surface area of a structure wall on the same lot and facing such side yard exceeds 900 square feet in area. However, the additional width required shall not exceed 15 feet.

 

      C.   Additional Standards and Regulations. See Chapter 146 Manufactured Mobile and Modular Homes and Chapter 147 Mobile Home Parks for standards and regulations governing the R-MH district.

      D.   Special Use Permit. See Sections 165.25 and 165.85.

      E.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      F.   Home Occupations. Home occupations are permitted subject to the provisions of Section 165.26.

      G.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

   7.   C-ORS Office/Research/Service District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Minimum Yard Requirements:

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 25 feet.

         (3)   Rear yards: 25 feet.

         (4)   Interior side yards: 15 feet.

         (5)   Transitional yards: If C-ORS property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

      C.   Maximum Height Requirement: 35 feet.

      D.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      E.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      H.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 168.

   8.   C-2 Neighborhood Convenience District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted. Uses permitted in the C-2 District are subject to the following conditions:

         (1)   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

         (2)   Business establishments are restricted to a maximum gross floor area of 12,000 square feet each, exclusive of any floor area devoted to off-street parking or loading facilities.

         (3)   All activities, except for off-street parking or loading shall be conducted within completely enclosed buildings.

         (4)   Establishments of the “drive-in” type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.

      C.   Minimum Lot Size Requirements. 1,800 square feet of lot for each dwelling unit.

      D.   Minimum Yard Requirements.

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 15 feet.

         (3)   None for rear yard, except for transitional yards.

         (4)   None for interior side yards, except for transitional yards.

         (5)   Transitional yards: If C-2 property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

      E.   Maximum Height Requirement. 35 feet.

      F.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      G.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      H.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      I.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      J.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   9.   C-3 Restricted Highway Commercial District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted. Uses permitted in the C-3 District are subject to the following conditions:

         (1)   All business, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions:

            a.   Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles and which are permitted in a C-3 zone.

            b.   Outside storage and display of merchandise for sale to the public in accordance with Section 165.23(9).

            c.   Off-street park and loading.

            d.   Activities specifically permitted unenclosed in the Land Use Matrix Figure 1.

         (2)   Drive-in establishments are permitted for any use permitted in the C-3 District unless other restrictions are specified.

         (3)   Repair and servicing of any article, the sale of which is a permitted use in the C-3 District, is permitted unless other restrictions are specified.

      C.   Minimum Lot Size Requirements.

      D.   Minimum Yard Requirements.

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 15 feet.

         (3)   Rear yards: 15 feet.

         (4)   Interior side yards: 0 feet.

         (5)   Transitional yards: If C-3 property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      E.   Maximum Height Requirement. 100 feet.

      F.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      G.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      H.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      I.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      J.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   10.   C-4 General Highway Commercial District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted. Uses permitted in the C-4 District are subject to the following conditions:

         (1)   All business, servicing or processing shall be conducted within completely enclosed buildings, with the following exceptions:

            a.   Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles.

            b.   Off-street parking and loading.

            c.   Outside storage and merchandise displays complying with Section 165.23(9).

            d.   Other activities specifically permitted unenclosed in the Land Use Matrix Figure 1.

         (2)   Repair and servicing of any article the sale of which is a permitted use in the District is allowed.

      C.   Minimum Lot Size Requirements.

      D.   Minimum Yard Requirements.

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 15 feet.

         (3)   Rear yards: 15 feet.

         (4)   Interior side yards: 0 feet.

         (5)   Transitional yards: If C-4 property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      E.   Maximum Height Requirement: 100 feet.

      F.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      G.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      H.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      I.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      J.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   11.   C-R Commercial-Recreation District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Minimum Yard Requirements.

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 25 feet.

         (3)   Rear yards: 25 feet.

         (4)   Interior side yards: 15 feet.

         (5)   Transitional yards: If C-R property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      C.   Maximum Height Requirement. 100 feet.

      D.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      E.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      H.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Section 165.28.

   12.   C-WH Commercial Warehouse District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Minimum Yard Requirements.

         (1)   Front yards: 25 feet.

         (2)   Corner side yards: 25 feet.

         (3)   Rear yards: 25 feet.

         (4)   Interior side yards: 15 feet.

         (5)   Transitional yards: If C-WH property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      C.   Maximum Height Requirement. 100 feet.

      D.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      E.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.23(9).

      F.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      G.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      H.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   13.   I-1 Restricted Industrial District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted. Uses permitted in the I-1 District are subject to the following conditions:

         (1)   All business, servicing, or processing, except for off-street parking and off-street loading shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

         (2)   All storage except for motor vehicles in operable condition shall be within completely enclosed buildings or effectively screened with landscaping and building elements or by a solid wall or fence, including solid entrance and exit gates, not less than 6 feet nor more than 8 feet in height. Surfaces of the storage area and accesses shall comply with 165.23(9)(C)(7). Accessory vehicle parking shall be as regulated by Section 165.30 through 165.36. Non-accessory vehicles, machines and equipment shall be regulated by Section 165.23(9) or shall be parked on a parking lot complying with Section 165.30 through 165.36.

         (3)   Use of a lot on which the owner desires to use for storage purposes only without constructing a principal building will have the following requirements:

            a.   No servicing of vehicles or equipment or sales of any items will be allowed for this storage area.

            b.   Storage area shall not have any signage or product representation except what is required for emergency or safety related signs.

            c.   A person shall not store outside a legally or mechanically inoperative or wrecked motor vehicle for a period in excess of 30 days.

            d.   This storage area must have screening as required in Section 165.23(6)(B).

            e.   Access through required screening may be provided only by an opaque gate equaling the height of the screening. Gate must be set at the specified line of the front yard setback for that zoning district and must remain closed except when in actual use. A landscape plan meeting the requirements of the actual zoning district must be supplied with the site plan.

            f.   Storm water detention must be allowed for in the site development process.

            g.   A minimum of 500 feet is required between this use and any residential uses in the Unified Development Code.

            h.   Entrance and access drive shall be of PCC Concrete.

            i.   Rock, gravel or dust free surfaces approved by the City Engineer required on any areas used for storage.

            j.   Storage area shall not be the location of multiple semi-trailers which have the effect of creating interior enclosed storage spaces.

      C.   Minimum Yard Requirements.

         (1)   Front yards: 35 feet.

         (2)   Corner side yards: 25 feet.

         (3)   Rear yards: 25 feet.

         (4)   Interior side yards: 15 feet.

         (5)   Transitional yards: If I-1 property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      D.   Maximum Height Requirement. 150 feet.

      E.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      F.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      G.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      H.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      I.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   14.   I-2 General Industrial District.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted: Uses permitted in the I-2 District are subject to the following conditions:

         (1)   All business, servicing, or processing, within 300 feet of a Residential or Commercial District, shall be conducted within completely enclosed buildings.

         (2)   All storage except for motor vehicles in operable condition shall be within completely enclosed buildings or effectively screened with landscaping and building elements or by a solid wall or fence from the right of way and Residential Districts within 300 feet, including solid entrance and exit gates, not less than 6 feet nor more than 8 feet in height. In the event a solid wall is used to satisfy this requirement the required yards of this district shall apply exterior to the wall. Surfaces of the storage area and accesses shall comply with Section 165.23(9)(C)(7). Accessory vehicle parking shall be as regulated by Section 165.30 through 165.36. Non-accessory vehicles, machines and equipment shall be regulated by Section 165.23(9) or parked on a parking lot complying with Section 165.30 through 165.36.

         (3)   Use of a lot on which the owner desires to use for storage purposes only without constructing a principal building will have the following requirements:

            a.   No servicing of vehicles or equipment or sales of any items will be allowed for this storage area.

            b.   Storage area shall not have any signage or product representation except what is required for emergency or safety related signs.

            c.   A person shall not store outside a legally or mechanically inoperative or wrecked motor vehicle for a period in excess of 30 days.

            d.   This storage area must have screening as required in Section 165.23(6)(B).

            e.   Access through required screening may be provided only by an opaque gate equaling the height of the screening. Gate must be set at the specified line of the front yard setback for that zoning district and must remain closed except when in actual use. A landscape plan meeting the requirements of the actual zoning district must be supplied with the site plan.

            f.   Storm water detention must be allowed for in the site development process.

            g.   A minimum of 500 feet is required between this use and any residential uses in the Unified Development Code.

            h.   Entrance and access drive shall be of PCC Concrete.

            i.   Rock, gravel or dust free surfaces approved by the City Engineer required on any areas used for storage.

            j.   Storage area shall not be the location of multiple semi-trailers which have the effect of creating interior enclosed storage spaces.

      C.   Minimum Yard Requirements.

         (1)   Front yards: 35 feet.

         (2)   Corner side yards: 25 feet.

         (3)   Rear yards: 25 feet.

         (4)   Interior side yards: 15 feet.

         (5)   Transitional yards: If I-2 property is adjacent to an agricultural or residential zone district, the requirements of Section 165.23(6) shall be followed.

   EXCEPTION: For every three feet that a structure exceeds 45 feet in height, the required front, rear, and side yards shall be increased by one foot.

      D.   Maximum Height Requirement. 150 feet.

      E.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      F.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      G.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      H.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided according to the provisions of Section 165.30-165.36.

      I.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

   15.   FP Flood Plain Overlay District. Any development on or proposed for lands within the jurisdiction of the City which is shown on the Official Zoning Map as being within the boundaries of one floodway, floodway fringe, general flood plain and shallow flooding districts shown on the Official Flood Plain Zoning Map of the City is determined to be within the Flood Plain Overlay District and subject to the flood plain regulations of the City, Chapter 161 of this Code.

   16.   PUD Planned Unit Development Overlay District. The PUD district is established as an overlay district to be used in conjunction with all the base districts as established in Section 165.14(1) through 165.14(17).

      A.   General Requirements. Planned Unit Developments are permissible on any size tract of land.

         (1)   Permitted Uses. When the PUD is to be developed within an A or R District, any use listed as a permitted use in any A or R District may be permitted provided any development adjacent to a district boundary is similar in design to the requirements of the adjacent district or meets the minimum requirements of Section 165.23(6) transitional yards. When the PUD is to be developed in any district other than an A or R District, only the uses listed as permitted uses in the district within which the PUD is to be located may be permitted, except for the C-ORS and C-4 Districts which may include additional uses with approval of the Planning and Zoning Commission and City Council.

         (2)   Density and Design. The density and design of a PUD shall comply with the following requirements.

            a.   The average land area for each dwelling unit contained in the site, exclusive of the area occupied by private streets or public right-of-way, shall not be less than the lot area per dwelling unit required in the district within which the development is located.

            b.   Each development shall provide reasonable visual and acoustical privacy for any dwelling units included therein. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. Any high-rise buildings included within a PUD shall be located in such a way as to minimize any adverse impact on any adjacent low-rise buildings and shall not unduly encroach on the privacy of the occupants of adjoining low-rise buildings.

            c.   Yard, setback, lot size, type of dwelling unit, height and frontage requirements may be modified in any PUD, and use restrictions may be also modified in a residential PUD as specified in Section 165.16(16)(A)(1) above provided that the spirit and intent of this section is complied with in the total development plan, as determined by the City Council after report by the City Planning and Zoning Commission. The City Planning and Zoning Commission may determine that certain setbacks shall be required within all or a portion of the site, and shall determine whether the total development plan complies with the spirit and intent of this section and shall so state in its report to City Council.

         (3)   PUD Approval. The approval of a PUD shall be by the City Council after recommendation of the City Planning and Zoning Commission, subject to procedures provided in Sections 165.66 and 165.91, and building permits shall not be issued until approval of the Final Development Plan.

         (4)   Development by Stages. If the sequence of construction of various portions of the PUD is to occur in stages, then the off-street parking and any open space and/or recreational facilities, or any other shared facilities as contained in the Approved Final Development Plan, shall be developed, or committed thereto, in proportion to the number of dwelling units or other establishments intended to be developed during the given stage of construction. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units or other establishments per acre of developed land exceed the overall density per acre established in the Approved Final Development Plan.

   17.   CPR Center Point Road District CPR-1, CPR-2, CPR-3.

      A.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1.

      B.   Conditions For Uses Permitted.

         (1)   In CPR-1 dwelling units and rooming units are not permitted below the second story.

         (2)   All activities, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

      C.   Minimum Lot Size Requirements. None.

      D.   Minimum Yard Requirements.

 

Description	CPR-1	CPR-2	CPR-3
Front Yards	0 feet	20 feet	25 feet
Corner Side Yards	15 feet	15 feet	15 feet
Rear Yards	15 feet	30 feet	30 feet
Interior Side Yards – Residential	0 feet	0 feet	0 feet
Interior Side Yards – Commercial	0 feet	0 feet	20 feet
Transitional Yards	0 feet	0 feet	0 feet

 

      E.   Maximum Height Requirements.

         CPR-1   55 feet

         CPR-2   45 feet

         CPR-3   45 feet

      F.   Conditional Uses. Conditional uses are permitted subject to Section 165.83.

      G.   Accessory Uses. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of paragraph B of this subsection and Section 165.23(9).

      H.   Signs. Signs shall be permitted according to the provisions of Chapter 166.

      I.   Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided in accordance with the provisions of Section 165.30 – 165.36 and the provisions of this section with the provisions of this section taking precedence over the provisions of Section 165.30 – 165.36.

         (1)   In District CPR-1 no off-street parking shall be allowed between the right-of-way of Center Point Road and any building except for parking that existed prior to August 1, 2013, and parking in accordance with an approved plan.

         (2)   The maximum number of parking stalls required in District CPR-1 shall be four stalls per 1,000 square feet of non-residential space, plus two stalls per residential space.

         (3)   In commercial areas parking may be located in the yard setback areas.

      J.   Outdoor Lighting. Outdoor lighting shall be in accordance with the provisions of Chapter 68.

      K.   Building Location. In District CPR-1 all buildings with any building face adjoining Center Point Road shall be constructed with the primary or front face of the building toward Center Point Road. The preferred location for new buildings in District CPR-1 shall be in accordance with Layout 1 or Layout 2 in Appendix B.

   Buildings configured in accordance with Layout 3 considered acceptable as an expansion of an existing building or new building where Layout 3 is approved by the City Council as part of a Conceptual Plan. Buildings and parking generally in accordance with Layout 4 in Appendix B are discouraged and are allowed only with approval by the City Council as part of a Conceptual Plan.

      L.   Architectural Requirements. All buildings located in District CPR-1 and CPR-2 shall be constructed with the primary building material being an architectural masonry product. The desired architectural style or appearance is a distinctive style using clean or simple lines and features. Decorative and ornate architectural features generally not allowed. Individual building must comply with the architectural guidance standards.

      M.   Access Management and Control. To minimize traffic congestion and conflicting traffic movements along Center Point Road from Blairs Ferry Road to Boysen Road the following access management and control standards shall generally be applicable.

         (1)   No driveway access directly to Center Point Road shall be permitted within 200 feet of any public street intersecting Center Point Road.

         (2)   No driveway shall be permitted within 200 feet of an existing driveway.

         (3)   All driveways and parking lots along Center Point Road shall be developed in a manner in which there will be connectivity between lots. The connectivity requirement is to encourage the movement of vehicles to public streets by means other than direct driveway access to Center Point Road.

      N.   Conceptual Plan Approval. The standards set forth for building location, architectural requirements and access management and control in the CPR District are inherently discretionary. The final decision with respect to building location, architectural requirements and access management and control requirements in the CPR District rests with the City Council. Any party considering a development with the CPR District that would need to comply with any or all of these three standards is encouraged to submit a Conceptual Plan for review and consideration by the City Council.

         (1)   A Conceptual Plan must show the building layout including driveway and access. The Conceptual Plan must show an illustration of the architectural features of the building and identify proposed building materials. It is preferred, but not required, for the Conceptual Plan to illustrate the architectural style in color.

         (2)   The Conceptual Plan must be sufficiently complete to allow the City to review and consider the issues of building location, architectural requirements and access. The Conceptual Plan is not required to meet additional standards set forth for a site plan.

         (3)   The Conceptual Plan shall be submitted on drawings not larger than 11-inch by 17-inch.

         (4)   The Conceptual Plan shall be submitted to the Zoning Administrator. The number of copies required shall be as determined by the Zoning Administrator.

         (5)   Within 35 days after receipt of a Conceptual Plan the Zoning Administrator shall complete its review in writing.

         (6)   Following completion of the review by the Zoning Administrator, the Zoning Administrator will be reviewed by the Planning and Zoning Commission. The Zoning Administrator shall place the Conceptual Plan on the next agenda of the Planning and Zoning Commission.

         (7)   The Planning and Zoning Commission shall consider the Conceptual Plan within 45 days after referral from the Zoning Administrator. Following review by the Planning and Zoning Commission, or the passage of 45 days without consideration by the Planning and Zoning Commission, the Conceptual Plan will be placed on the next available agenda of the City Council for consideration.

         (8)   The City Council shall consider and take action on the Conceptual Plan within 45 days after referral. In the event the City Council takes no action within 45 days the Conceptual Plan shall be deemed to be denied, unless both parties mutually agree to an extension of the 45 day period.

         (9)   Construction of the proposed buildings set forth in an approved or conditionally approved Conceptual Plan must be initiated within 36 months following final action by the City Council to approve or conditionally approve the Conceptual Plan. The period of validity of a Conceptual Plan may be extended by the City Council.

(Subsection 17 - Ord. 998 - Jan. 24 Supp.)

18.   Mixed-Use Overlay District (MUO).

A.   Establishment. The Overlay is established as part of this title. The Mixed-Use Overlay District shall overlay all other zoning districts established within the boundaries as shown on the Zoning District Map. One and two-family uses are exempted from the regulations of this chapter. The requirements apply to all:

(1)   New construction of commercial, industrial and multifamily structures and sites.

(2)   Additions to buildings that exceed 25% of the gross square footage of the existing structure, or when the cost of the addition exceeds 50% of the assessed value of the structure within a consecutive twenty-four (24) month period the entire building and site will be required to conform. The assessed value shall be as most recently established by the Linn County Assessor office, or at the property owner’s discretion and expense an appraised value as provided by a real estate appraiser licensed in the State of Iowa can be considered;

(3)   Substantial rehabilitation to commercial, industrial and multi-family structures and sites. Substantial rehabilitation shall be defined as modifications equal to fifty (50) percent of the assessed value of the structure or structures on a lot, exclusive of land assessed value, in a twenty-four (24) month period of time. The assessed value shall be as most recently established by the Linn County Assessor office, or at the property owner’s discretion and expense an appraised value as provided by a real estate appraiser licensed in the state of Iowa can be considered;

(4)   The re-occupancy of fifty (50) percent or more of any commercial, industrial, and multifamily structure or site which has been vacant for a period of six months. Once fifty (50) percent or more of a building has been vacant for six months or more, it may not be reoccupied until such time that the entire structure has been brought into conformance with requirements of this chapter;

(5)   All new signage shall comply with the limitations of this chapter; and

(6)   Modification to more than 50% of the front facade area of the primary structure.

B.   Land Uses. Land uses shall be as designated in the Land Use Matrix Figure 1, except as described below:

(1)   Uses Prohibited.

a.   Motor vehicle related uses.

b.   Business Services; all business services contractor limited uses.

c.   Retail and repair of large commodity uses.

d.   Storage and warehouse and distribution.

e.   Production and Manufacturing.

C.   Access Management.

(1)   Curb cut widths and design shall be in accordance with adopted public works standards for access management as referenced in Section 165.58 of this code, including sight visibility standards.

(2)   Shared curb cuts (between properties) are encouraged.

(3)   Either one two-way curb-cut or two one-way curb cuts are allowed onto the public street where property has one hundred fifty (150) feet or more of street frontage. One curb cut is allowed on the applicable corridor street where property has less than one hundred fifty (150) feet of public street frontage.

(4)   For corner lots, a maximum of one curb cut is allowed on each intersecting side street that each property has frontage on regardless of the length of the frontage.

D.   Pedestrian Facilities.

(1)   A five feet wide as constructed or designated, accessible, pedestrian route shall be installed on each property to connect each building’s primary access door with the public sidewalk located in the public street right-of-way. An accessible route may be designated with painted markings on parking lot pavement.

(2)   The sidewalk on the applicable corridor street shall meet the standard as adopted in the Robin’s Road Corridor Master plan, or as specified by the Public Works Department.

(3)   Construction or reconstruction of sidewalks and decorative street improvements shall be in accordance with adopted Public Works standards.

E.   Off-Street Parking.

(1)   The minimum number of parking stalls shall be as required in Section 165.35 of the Unified Development Code.

(2)   Parking lots shall be located in the rear of all commercial uses or on the side. Parking located on the side is allowable in accordance with the following:

a.   The parking must not extend into the required front yard setback.

b.   A single parking aisle, which is adjacent to the building, and meets the minimum dimension of the City’s parking space requirements, is allowable in the side yard, outside of the minimum front yard setback.

(3)   Parking areas shall be designed to minimize headlights shining into residential properties.

(4)   Parking areas shall be set back five feet from the property line and shall be landscaped with vegetation and/or turf grass. This requirement can be waived where parking lots adjoin and have cross access agreements/easements.

F.   Planting, Landscaping, and Buffering.

(1)   A five (5) feet wide landscape frontage strip shall be installed on each property abutting the public street as measured from the property line. Planting in the landscape frontage strips shall include not less than the following:

a.   A minimum of one deciduous or evergreen shrub per four lineal feet of street frontage shall be planted in the landscaping strip. The vegetation is not required to be planted in a singular row and may be placed in a designed arrangement provided the full total of required shrubs is placed within the frontage strip.

(2)   Site planting requirements shall be in accordance with Chapter 165.47 of the Uniform Development Code, and additionally shall require the following:

a.   At least ten (10) percent of the gross site square footage shall be pervious, unpaved planted surfaces. The required planting strips shall be included in the calculation of planted areas.

b.   All planted surfaces shall be planted with grasses, shrubs, perennials, or groundcover plants so that they shall be completely covered by installed plants within three years of the planting date. Open mulch or rock beds shall not be accepted as planting area.

c.   Large deciduous shade trees shall be installed in parking lots in excess of thirty (30) spaces. The trees shall be located in planting areas of not less than fifty (50) square feet of unpaved surface per tree and at least one tree shall be planted for each three thousand (3,000) square feet of paving on site.

(3)   Screening.

a.   Screening is required where uses abut residential zones. Planting, fencing, or some combination thereof is allowable.

b.   A visual barrier shall be established in accordance with Section 165.23(8)(E)(1).

c.   All dumpsters and exterior trash storage shall be screened in accordance with Section 106.06(1).

(4)   Maintenance.

a.   Property owners shall maintain all planting and irrigation systems located on private property. All planting shall respect City codes for sight lines at intersections and electric line restrictions.

G.   Signs.

(1)   A total of one detached on-premises sign shall be allowed for each property.

(2)   Detached signs shall be ground or monument signs. No support posts shall be visible on these signs. Monument signs shall not have more than two sign faces. The sides of the monument sign that are not used for signage shall not exceed five feet in width. The maximum height for monument signs shall be eight (8) feet. The maximum allowable height and area of each monument sign face will be measured from the finish grade to the top of the monument structure and from one end of the monument structure to the other. The maximum allowable square feet per sign face shall not exceed 80 square feet. Pole signs shall not be permitted, except where a parcel is abutting Boyson Road, then said property may have one pole sign that must be oriented toward Boyson Road.

(3)   Off-premises signs are not permitted within the district.

(4)   Directional signs shall be as allowed in Chapter 166.10(K).

(5)   Discontinued use of non-conforming signs shall be subject to Chapter 166.34 (6).

(6)   Refacing existing signs are allowed only in conformance with Chapter 166.34 of the Uniform Development Code, as amended.

H.   Architecture and Building Materials.

(1)   All commercial, industrial and multi-family structures shall be constructed of wall materials including brick, stone masonry, stucco like exterior systems, pre-cast concrete wall panels, or other like material. Painted concrete block or flat poured concrete walls are not allowed unless the blocks include an architectural finish and an articulated pattern that varies the block sizes, horizontal face alignment, and/or the coursing and vertical joints. Building walls may also be constructed of wood, fiber cement board, architectural CMU block, vinyl, aluminum, or steel lap siding, or corrugated metal only when at least seventy-five (75) percent of the street facade is constructed of approved masonry. In cases where the structure is viewable from a public right-of-way or space the structure shall utilize the above materials on all building elevations.

(2)   Walls shall extend above flat roofs as necessary to screen views of roof-mounted equipment. Cornice lines will be established using metal materials and shall be straight and true. Alternative screening system for roof top mechanical may be considered provided they completely screen the mechanicals from public view.

(3)   Awnings and architectural features shall not extend beyond property lines. They shall not be installed higher than building roof lines.

(4)   Pitched roofs and hipped roofs are not permitted. Check energy code for unintended conflicts related to multi-family structures.

(5)   The front facade of any new non-residential building shall be comprised of at least fifty (50) percent windows and doors at the ground level.

(6)   Accessory structures shall be constructed of similar and/or complimentary materials as the primary structure and shall be required to be compromised of at least twenty-five (25) percent windows and doors at the ground level.

(7)   Accessory structures shall not be placed in such a manner that they extend in front of the rear building line of the primary structure.

(8)   Screening walls, decorative walls and/or retaining walls shall not be made of smooth face concrete unless treated with another material or design element.

I.   Building Placement.

(1)   Setback shall be as required in the underlying zoning, except:

a.   Structures shall be placed a minimum of ten (10) feet and a maximum of fifteen (15) feet from the front property line.

J.   Outdoor Dining.

(1)   Outdoor dining shall comply with all local, state, federal liquor licensing requirements.

(2)   Outdoor dining areas shall be contiguous to the primary building and may not be located within the public right-of-way.

(3)   Structures used for providing shade or weather protection shall be designed of durable materials that will not deteriorate and must be maintained at all times.

(4)   Furnishings shall be made of durable materials.

(5)   Outdoor dining areas shall be designed so as not to encroach upon the required off-street parking spaces.

(6)   Walls and fencing material shall be subject to Section H: Architecture, above.

K.   Lighting.

(1)   Light pole materials shall be painted or finished aluminum or steel. Wood poles shall not be accepted.

(2)   Site lighting must not spread onto adjoining properties or the public right-of-way unless a shared parking lot is in use. This standard shall be in accordance with Chapter 168 of the Unified Development Code.

(Sec. 165.16(18) - Ord. 934 – Feb. 20 Supp.)