CHAPTER 11: MUNICIPAL PLANNING
   Article
      1.   TITLE, PURPOSE AND DEFINITIONS
      2.   DISTRICT REGULATIONS
      3.   CONDITIONAL USES
      4.   OFF-STREET PARKING AND LOADING
      5.   SUPPLEMENTARY PROVISIONS
      6.   NON-CONFORMING USES AND STRUCTURES
      7.   PLANNED DEVELOPMENT
      8.   BOARD OF ZONING ADJUSTMENT
      9.   AMENDMENTS TO THE ZONING ORDINANCE
      10.   ADMINISTRATION, ENFORCEMENT AND INTERPRETATION
      11.   MOBILE HOME REGULATIONS
      12.   SUBDIVISION REGULATIONS
ARTICLE 1: TITLE, PURPOSE AND DEFINITIONS
Section
   11-101   Title, purpose and definitions
   11-102   Compliance with ordinance provisions
   11-103   Classification of districts
   11-104   Zoning maps
   11-105   Jurisdictional area
§ 11-101  TITLE, PURPOSE AND DEFINITIONS.
   (A)   Short title. This chapter shall be known as the “Zoning Ordinance of the City of Holdrege, Nebraska”.
   (B)   Purposes. The several purposes of this chapter are: to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to give an orderly growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks and other public requirements; and, in general, to promote public health, safety and general welfare.
   (C)   Definitions. As used in this chapter, the masculine includes the feminine and neuter, and the singular includes the plural. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY STRUCTURE OR USE. A structure or use incidental and subordinate to the main use of the property, including a home occupation, and which is located on the same lot with the main use.
      ADULT DAY CARE.
         (a)   A service which allows for structured social and habilitation activities. It may:
            1.   Alleviate deteriorating effects of isolation; and/or
            2.   Aid in transitions from one living arrangement to another.
         (b)   The services are provided outside of the client’s place of residence for a period of four or more hours daily, but less than 24 hours (Social Services Block Grant - Title XX).
      ADULT DAY HEALTH CARE.
         (a)   A service which allows for structured social, habilitation and health activities. It may:
            1.   Alleviate deteriorating affects of isolation;
            2.   Aid in transition from one living arrangement to another; and/or
            3.   Provide a supervised environment while the regular caregiver is working or otherwise unavailable.
         (b)   It is provided outside of the client’s place of residence for a period of four or more hours daily, but less than 24 hours (state’s Health and Human Services Regulations and Licensure Manual, H & CB Services 480 NAC 5-005).
      AGRICULTURE. The use of land for the purpose of raising and harvesting crops; or for the raising, breeding or management of livestock, poultry or honeybees; or for dairying, truck gardening, forestry, nurseries or orchards; or for the non-commercial on-farm storage or processing of agricultural products; or for other similar agricultural, horticultural or silvacultural use.
      ALLEY. A narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
      ANIMAL UNIT. One animal unit shall equal one head of slaughter or feeder cattle or exotic animals such as a llama, ostrich, emu or the like, seven-tenths head of mature dairy cattle (whether milked or dry cows), five hogs each weighing over 55 pounds, one head of horses, ten sheep or lambs, 55 turkeys, 125 laying hens or broilers if the facility has continuous overflow watering, 30 laying hens or broilers if the facility has a liquid manure system and/or five ducks.
      APARTMENT HOUSE. See DWELLING, MULTIPLE-FAMILY.
      BASEMENT. The portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is greater than the vertical distance from the grade to the ceiling.
      BILLBOARD. See SIGN.
      BUILDING. A structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
      BUILDING LINE. The line, parallel to the street line, that passes through the principal building nearest the front lot line. (Refer to Picture #1.)
   Picture #1
      CHILD CARE CENTER. A facility, other than a public or parochial school which provides care to 13 or more children from more than one family, and is required to be licensed as a child care center by the state’s Department of Health and Human Services System, as provided and defined under 474 NAC Ch. 6, § 002.
      CHILD CARE HOME. A private home providing care (for children) for compensation which is or should be licensed by the state’s Department of Health and Human Services System, in which one person can supervise up to eight children and two persons can supervise up to 12 children in a residential dwelling, under the authority of Neb. RS 71-1908, as provided and defined under 474 NAC Ch. 6, § 002.
      CITY or COMMUNITY. The City of Holdrege, Nebraska.
      CITY GENERAL DEVELOPMENT PLAN. An official map, master or development plan, street plan, land use plan, building setback plan, design plan or other map, plan or policy pertaining to the physical development of the city which has been officially adopted by the Council and/or Planning Commission in accordance with state law.
      DWELLING, MULTIPLE-FAMILY. A building containing two or more dwelling units.
      DWELLING, ONE-FAMILY. A detached building containing one dwelling unit.
      DWELLING UNIT. One or more rooms designed for occupancy by one family and not having more than one cooking facility.
      EMPLOYEES. All persons, including proprietors, working on the premises during the largest shift at peak season.
      FAMILY. An individual, or two or more persons related by blood, marriage, legal adoption or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit.
      FEEDLOT, COMMERCIAL. See INTENSIVE LIVESTOCK FACILITIES/OPERATIONS.
      FENCE, SIGHT-OBSCURING. A fence or any planting arranged in such a way as to obstruct vision.
      FLOOR AREA. The area included in surrounding walls of a building, or portion thereof, exclusive of vents, shafts and courts.
      GARAGE, PRIVATE. An accessory building or portion of a main building used for the parking or temporary storage of vehicles or used by occupants of the main building.
      GARAGE, PUBLIC. A building other than a private garage used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
      GRADE (GROUND LEVEL). The average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the above-ground level should be measured at the sidewalk.
      HEIGHT OF BUILDING. The vertical distance from the mean elevation of the grade at the front face of the building to the highest point of the copying of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched, hipped or shed roof.
      HOME OCCUPATION. An occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling with no servant, employee or other person being engaged; provided, the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance, nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
      HOSPITAL. An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.
      HOTEL. A building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the guest rooms.
      INTENSIVE LIVESTOCK FACILITIES/OPERATIONS. A lot or portion of a lot used for the enclosing and feeding of livestock for market.
      KENNEL. A lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale.
      LOT. A parcel or tract of land which is occupied by a structure together with the yards and other open spaces required by this chapter.
      LOT AREA. The total horizontal area within the lot lines of a lot.
      LOT, CORNER. A lot abutting on two intersecting streets other than an alley; provided that, the streets do not intersect at an angle greater than 135 degrees.
      LOT, DEPTH. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
      LOT, INTERIOR. A lot other than a corner lot.
      LOT LINE. The property line bounding a lot.
      LOT LINE, FRONT. In the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley.
      LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
      LOT LINE, SIDE. Any lot line not a front or rear lot line.
      LOT WIDTH. The horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
      MANUFACTURED HOME. A factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built to compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. parts 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or modular housing unit as defined in Neb. RS 71-1557 bearing the seal of the Department of Health.
      MOBILE HOME. A year-round, transportable structure which is a single-family dwelling unit suitable for permanent, more than 30 days of living quarters, more than eight feet wide and 40 feet in length and built to be towed on its own chassis with or without a permanent foundation when connected to the required utilities. This portable dwelling may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or two or more units, separately towable, but designed to be joined as one integral unit. Nothing in this definition shall be construed so as to include prefabricated, modular, precut dwelling units or these manufactured in sections or parts away from the site and transported thereto for assembly.
      MOBILE HOME PARK. Any area of land which one or more mobile homes are parked, connected to utilities and used by one or more persons for living or sleeping purposes. A mobile home parked in this area can either be placed on a permanent foundation or supported only by its wheels, jacks, blocks or skirtings or a combination of these devices. A MOBILE HOME PARK includes any premises set apart for supplying to the public parking space, either free of charge or for revenue purposes for one or more mobile homes, connected to utilities and used by one or more persons for living, or sleeping purposes and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
      MODULAR HOME. Any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units not fabricated on the final site for the dwelling units, which units are movable or portable until placed on a permanent foundation and connected to utilities. All MODULAR HOMES shall bear a label certifying that it was built to compliance with the state’s Department of Health and Human Services System as established in Neb. RS 71-1557.
      MOTEL. A building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters, detached or in connecting rows, with or without cooking facilities, for rental to transients.
      NON-CONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this chapter or any amendments thereto becomes effective which does not conform to the requirements of the zone in which it is located.
      PARKING SPACE. A rectangular area containing not less than 200 square feet with maneuvering and access space required for a standard American automobile to park within the rectangle.
      PERSON. Every natural person, firm, partnership, association or corporation.
      SCREENING. See FENCE, SIGHT-OBSCURING.
      SERVICE DRIVE. A driveway entering a street from a drive-in business establishment or an off-street parking area, excluding residential driveways, serving fewer than ten dwelling units.
      SETBACKS. See YARD.
      SIGN. A presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid or other type of advertising. This includes the board, metal or surface upon which the sign is painted, included or attached. Each display surface of a sign shall be considered to be a SIGN.
      STABLE. A lot or building in which one or more horses are kept for personal use, commercially for board, propagation purposes or for sale. Where permitted, there shall be three acres of land provided for each animal.
      STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that, the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a STORY.
      STREET. The entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms “road”, “highway”, “land”, “place”, “avenue”, “alley” or other similar designations.
      STRUCTURAL ALTERATION. Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or any structural change in the roof.
      STRUCTURE. That which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground.
      SUPERVISED GROUP HOME HOUSING. A facility licensed or approved by the state in which more than four but less than eight persons who are unrelated by blood; marriage or adoption reside while receiving therapy or counseling, but not nursing care, for any of the purposes listed below:
         (a)   Adaptation to living with, or rehabilitation from, the handicaps of physical disability;
         (b)   Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder, cerebral palsy, autism or mental retardation; or
         (c)   Rehabilitation from the effects of drug or alcohol abuse.
      USE. The purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
      VISION CLEARANCE AREA. A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The VISION CLEARANCE AREA contains no plantings, walls, structures or temporary or permanent obstructions exceeding two and one-half feet in height measured from the top of the curb or existing grade.
      YARD. An open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this chapter.
      YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the main building or, if no building is on the lot, the building setback line. (Refer to Picture #2.)
   Picture #2
      YARD, REAR. A yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building.
      YARD, SIDE. A yard between a building and the side lot line measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main building or, if no building is on the lot, the building setback line.
(2005 Code, § 11-101)
§ 11-102  COMPLIANCE WITH ORDINANCE PROVISIONS.
   No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered contrary to the provisions of this chapter.
(2005 Code, § 11-102)
§ 11-103  CLASSIFICATION OF DISTRICTS.
   For purposes of this chapter, the city and its extraterritorial zoning area are divided into zones designated as follows:
 
Abbreviated Districts Designations
Agricultural District
   Agricultural
A
Commercial Districts
   Central Business
C-2
   Neighborhood Commercial
C-1
   Service Commercial
C-3
Industrial District
   Industrial
I
Residential Districts
   Large Lot
R
   Mobile Home Park
MH
   Multiple Family
R-2
   One-Family
R-1
   One-Family Transitional
R-3
 
(2005 Code, § 11-103)
§ 11-104  ZONING MAPS.
   (A)   The location of boundaries of the districts designated in § 11-103 of this article are hereby established as shown on two maps entitled “Zoning Maps of the City of Holdrege” dated 2-3-1998, and signed by the Mayor and City Clerk, and hereinafter referred to as the “zoning maps”. One map shall show the area within the corporate limits of the city and one map shall show the extraterritorial zoning area of the city.
   (B)   The zoning maps and all notations thereon are hereby made a part of this chapter.
   (C)   The signed copy of each of the zoning maps containing the zoning districts designated at the time of adoption of this chapter shall be maintained in the office of the City Clerk. All dates of any amendments to the zoning maps shall be promptly entered onto these official zoning regulations.
   (D)   These maps shall be the final authority as to the current zoning status of all parcels of land within the city’s zoning jurisdiction.
(2005 Code, § 11-104)
§ 11-105  JURISDICTIONAL AREA.
   These zoning regulations shall apply to all areas within the corporate limits of the city, as it presently exists or as hereafter established, and any unincorporated areas lying outside of, but within, two miles of the nearest point of the city limits as shown on the official zoning map of the extraterritorial area.
(2005 Code, § 11-105)
ARTICLE 2: DISTRICT REGULATIONS
Section
   11-201   A District; Agricultural District
   11-202   R District; Large Lot Residential District
   11-203   R-1 District; One-Family Residential District
   11-204   R-2 District; Multiple-Family Residential District
   11-205   MH Mobile Home Park District
   11-206   R-3 District; One-Family Transitional District
   11-207   C-1 District; Neighborhood Commercial District
   11-208   C-2 District; Central Business District
   11-209   C-3 District; Service Commercial District
   11-210   I District; Light Industrial District
§ 11-201  A DISTRICT; AGRICULTURAL DISTRICT.
   (A)   This district is composed of certain land and structures used primarily for agricultural purposes.
   (B)   The regulations for this district are intended to recognize the transition between agricultural uses of land and communities; to encourage the continued use of that land which is suitable for agriculture, but limit any land uses that may be detrimental to normal community expansion.
      (1)   Permitted uses.
         (a)   Agriculture uses, with a maximum of one animal unit per acre, excluding the expansions of existing or development of new intensive livestock facilities operations exceeding one animal unit per acre;
         (b)   One-family detached dwellings used in conjunction with agricultural operations. One- family dwellings not used in conjunction with agricultural operations shall not be located within one-quarter mile of an existing commercial feedlot, as defined herein;
         (c)   Cemeteries, including crematories, columbariums and mausoleums when used in conjunction with a cemetery;
         (d)   Dog kennels; provided, no structure or pen housing any animals shall be located nearer than 750 feet to the boundary of any residential district;
         (e)   Educational institutions, as follows:
            1.   Boarding schools and academies;
            2.   Colleges and universities; and
            3.   Primary, intermediate and secondary schools.
         (f)   Child care centers when located in a non-residential building;
         (g)   Hospitals, sanitariums, rest homes and nursing homes;
         (h)   Libraries and museums;
         (i)   Oil or gas well drilling; provided, such well is, or will be, located more than 500 feet from any school, residential district boundary or any residential building other than a residential building occupied by the owner, lessee or operator of the premises on which the well is located;
         (j)   Public service and public utility uses, as follows; provided, such use is, or will be, located more than 300 feet from the boundary of any residential district:
            1.   Electric and telephone substations and distribution centers;
            2.   Gas regulator stations;
            3.   Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or water, operated or maintained by a public utility, as defined in this or these regulations;
            4.   Police or fire stations;
            5.   Pumping stations;
            6.   Radio, television and microwave transmitting or relay stations and towers;
            7.   Telephone exchanges;
            8.   Transformer stations;
            9.   Water reservoirs and standpipes; and
            10.   Sanitary landfill.
         (k)   Recreational and social facilities, as follows:
            1.   Country clubs, including golf, swimming and tennis clubs;
            2.   Golf courses, but not including golf driving ranges, pitch and putt or miniature golf courses;
            3.   Non-commercial recreational buildings, community centers, auditoriums, stadiums and arenas;
            4.   Parks and playgrounds;
            5.   Privately owned dwellings for seasonal occupancy and not designed or used for permanent occupancy, such as summer homes and cottages, and hunting and fishing lodges and cabins; and
            6.   Public athletic fields.
         (l)   Religious institutions as follows:
            1.   Churches, chapels, temples and synagogues;
            2.   Convents, seminaries, monasteries and nunneries; and
            3.   Rectories, parsonages and parish houses.
         (m)   Stables, provided no structure housing horses shall be located nearer than 750 feet from the boundary of a residential district;
         (n)   Well head stations, well separators and other similar above the ground facilities customarily used for distribution, transmission or storage of oil or natural gas, provided no such equipment shall be located nearer than 500 feet from the boundary of any residential district. Such equipment may be in enclosed buildings or in the open, but must be completely enclosed behind a chain link fence with a two-inch or less mesh, or its equivalent, not less than six feet in height; and
         (o)   Supervised group home housing for the developmentally disabled as licensed by the state.
      (2)   Conditional uses.
         (a)   Airports;
         (b)   Community sewage treatment plants;
         (c)   Excavation, extraction or mining of sand, gravel or other raw materials from the earth for resale. The conditions imposed on such excavation, extraction or mining may include but are not limited to, requirements for setbacks from schools and residential districts, screening, fencing, redevelopment and restrictions on the grade of the excavation and vehicular access thereto;
         (d)   Intensive livestock facilities/operations, as defined in these regulations and in conformance with all requirements of state regulations governing such activities. These facilities/ operations shall not be located within one-half mile of the corporate limits of the city or within one-quarter mile of an existing residential dwelling;
         (e)   Garbage and trash dumps;
         (f)   Greenhouses, including hotbeds, coldbeds and publicly and privately-owned experimental stations for horticultural research and development;
         (g)   Landscape gardening contractors’ offices and yards;
         (h)   Nurseries;
         (i)   Oil or gas well drilling when not permitted by subsection (B)(1)(i) above;
         (j)   Rose gardens;
         (k)   Recreational facilities such as campgrounds, youth camps, gun clubs and skeet and trap shooting ranges;
         (l)   Public service and public utility uses listed in subsection (B)(1)(j) above, but which are, or will be, located nearer than 300 feet to the boundary of a residential district;
         (m)   Truck gardens, including the growing of fruit, vegetables, berries, melons and flowers;
         (n)   Sanitary landfill;
         (o)   Wholesale florists;
         (p)   Where airports have been established the Holdrege Airport Authority shall have the authority to allow the placement of one mobile home on the airport for the exclusive use of the airport manager and his or her immediate family;
         (q)   One mobile home as a temporary residence located on not less than 50 acres of farm land used entirely for agricultural purposes; provided that, said residence is occupied only by a full-time employee of the owner, lessee or renter of said farm land; and
         (r)   Residential building on no less that one-half acre lots in an agricultural zone within the city limits. The minimum lot frontage to be no less than 100 feet.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, regarding sign regulations.
      (4)   Lot size.
         (a)   The minimum lot area shall be five acres;
         (b)   Minimum lot width: 150 feet; and
         (c)   Minimum lot depth: 150 feet.
      (5)   Setback requirements. Yard requirements in an A Agricultural District shall be as follows:
         (a)   Minimum front yard: 50 feet, measured from the front lot line, or 80 feet, measured from the centerline of section line road or major arterial street or highway, whichever is greater;
         (b)   Minimum side yard on each side of a lot:
            1.   One-family dwellings: ten feet; and
            2.   All other permitted and conditional uses: 15 feet.
         (c)   Minimum rear yard: 25 feet.
      (6)   Height of buildings. In an A Agricultural District, no building shall exceed 45 feet in height; except that, silos, barns and structures used strictly for agricultural purposes may exceed this height.
      (7)   Lot coverage. In an A Agricultural District, buildings shall not occupy more than 30% of the lot area.
(2005 Code, § 11-201)
§ 11-202  R DISTRICT; LARGE LOT RESIDENTIAL DISTRICT.
   (A)   This district is composed of certain quiet, low-density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of many families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents, plus certain public facilities, which serve the residents of the district.
   (B)   The following regulations shall apply to all R Districts.
      (1)   Uses permitted outright.
         (a)   One-family dwelling and their accessory uses;
         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;
         (c)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;
         (d)   Church; and
         (e)   School: primary, elementary, junior high or senior high.
      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R District when authorized in accordance with the requirements of this chapter governing conditional uses:
         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum; and
         (b)   Utility substation or pumping station with no equipment storage.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, of this chapter.
      (4)   Lot size. The lot size in an R District shall be as follows:
         (a)   The minimum lot area shall be 15,000 square feet;
         (b)   The minimum lot width at the front building line shall be 90 feet; and
         (c)   The minimum lot depth shall be 125 feet.
      (5)   Setback requirements. The yards in an R District shall be as follows.
         (a)   The front yard shall be a minimum of 25 feet or an established setback line.
         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting the street.
         (c)   The rear yard shall be a minimum of ten feet.
         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property line of the alley.
      (6)   Height of building. In an R District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.
      (7)   Lot coverage. In an R District, buildings shall not occupy more than 30% of the lot area.
      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the supplementary provision in § 11-515 of this chapter.
      (9)   Accessory use structures. In an R District, an accessory use structure shall nor exceed 20 feet in height or 1,200 square feet in size.
(2005 Code, § 11-202)  (Ord. 2150, passed 2-3-1998; Ord. 2387, passed 2-7-2017)
§ 11-203  R-1 DISTRICT; ONE-FAMILY RESIDENTIAL DISTRICT.
   (A)   This district is composed of certain quiet, low-density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of most families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents plus certain public facilities, which serve the residents of the district.
   (B)   The following regulations shall apply to all R-1 Districts.
      (1)   Uses permitted outright.
         (a)   One-family dwelling and their accessory uses;
         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;
         (c)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;
         (d)   Church;
         (e)   School: primary, elementary, junior high, senior high; and
         (f)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.
      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-1 District when authorized in accordance with the requirements of this chapter governing conditional uses:
         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum;
         (b)   Utility substation or pumping station with no equipment storage;
         (c)   Supervised group home for youth operated by the state or agency or department thereof; or duly licensed, franchised or authorized by the state; and
         (d)   Duplex (a building containing two dwelling units per lot).
      (3)   Signs. All signs shall be in conformance with the regulations provided herein with the provisions of Art. 5, § 11-514, of this chapter.
      (4)   Lot size. The lot size in an R-1 District shall be as follows.
         (a)   The minimum lot area shall be 7,000 square feet for an interior lot and 8,000 square feet for a corner lot.
         (b)   The minimum lot width at the front building line shall be 50 feet for an interior lot and 60 feet for a corner lot.
         (c)   The minimum lot depth shall be 100 feet.
      (5)   Setback requirements. The yards in an R-1 District shall be as follows.
         (a)   The front yard shall be a minimum of 25 feet.
         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.
         (c)   The rear yard shall be a minimum of ten feet.
         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property line of the alley.
      (6)   Height of buildings. In an R-1 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.
      (7)   Lot coverage. In an R-1 District, buildings shall not occupy more than 30% of the lot area.
      (8)   Fence regulations. All fences, walls and hedges shall be in regulations provided herein and with the supplementary provision in § 11-515 of this chapter.
      (9)   Accessory use structures. In an R-l District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.
(2005 Code, § 11-203)  (Ord. 2388, passed 2-7-2017)
§ 11-204  R-2 DISTRICT; MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
   (A)   This district is composed of certain high density residential areas of the city, plus certain open areas were similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to prohibit activities of a commercial nature. To these ends, development is limited to a relatively high concentration and uses are typically one-family, two-family and multiple- family dwellings, plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents of the district.
   (B)   The following regulations shall apply to all R-2 Districts.
      (1)   Uses permitted outright. The following uses and their accessory uses are permitted outright in an R-2 District:
         (a)   One-family dwellings and their accessory uses;
         (b)   Manufactured homes which comply with the provisions of Art. 5, § 11-513, of this chapter;
         (c)   Multiple-family dwellings;
         (d)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;
         (e)   Church;
         (f)   School: primary, elementary, junior high, senior high; and
         (g)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.
      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-2 District in accordance with the requirements of this chapter governing conditional uses:
         (a)   A use permitted as a conditional use in an R-1 District;
         (b)   Multiple-family dwelling exceeding the lot area per dwelling unit standard specified in subsection (B)(4)(a) below or exceeding the height limits specified in subsection (B)(6) below; provided, the gross floor area does not exceed two and one-half times the lot area; provided further that, the side yards are increased one foot per every two foot increase in building height over 35 feet;
         (c)   Offices for doctors, dentists, other practitioners of the healing arts; attorneys; architects; engineers; insurance agents; surveyors; accountants; beauty shops; or realtors; provided that, such uses shall be located only in a one-story building which meets the fire district standards of a business or industrial zone;
         (d)   Boarding houses, dormitories;
         (e)   Mortuaries;
         (f)   Child care centers; and
         (g)   Adult day care and/or adult day health care facilities.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of Art. 5, § 11-514, of this chapter.
      (4)   Lot size. The lot size in an R-2 District shall be as follows.
         (a)   The minimum lot area shall be 7,000 square feet for a one-family dwelling and 1,500 square feet per dwelling unit for a multiple-family dwelling, except as provided by subsection (B)(2)(b) above and that no single lot shall be less than 7,000 square feet. The minimum lot area for all other uses shall be 7,000 square feet.
         (b)   The minimum lot width at the front building line shall be 50 feet.
         (c)   The minimum lot depth shall be 100 feet.
      (5)   Setback requirements. In an R-2 District, the yards shall be as follows.
         (a)   The front yard shall be the same as required in an R-1 District.
         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.
         (c)   The rear yard shall be the same as required in an R-1 District.
         (d)   A garage or carport shall be set back the same as required in an R-1 District.
      (6)   Height of buildings. In an R-2 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.
      (7)   Lot coverage. In an R-2 District, buildings shall not occupy more than 40% of lot area.
      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provision in § 11-515 of this chapter.
      (9)   Accessory use structures. In an R-2 District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.
(2005 Code, § 11-204)  (Ord. 2389, passed 2-7-2017)
§ 11-205  MH MOBILE HOME PARK DISTRICT.
   (A)   The MH District is designed to provide a district in which the density of development will remain relatively low. Individual mobile homes will not be allowed on individual zoning lots. Mobile home parks will be governed by the mobile home ordinance of the city. No mobile home park shall be permitted, except when served by an approved sanitary sewer system.
   (B)   The following regulations shall apply to the MH District.
      (1)   Permitted uses.
         (a)   Mobile home parks, in conformance with the provisions of Art. 11, Mobile Home Regulations, and Art. 12, Subdivision Regulations, of this chapter;
         (b)   Mobile homes in conformance with Art. 11 of this chapter;
         (c)   Manufactured, and/or modular homes in accordance with Art. 5, § 11-513, of this chapter;
         (d)   Churches, chapels, temples and synagogues;
         (e)   Parks and playgrounds; and
         (f)   Schools: primary, intermediate and secondary.
      (2)   Conditional uses. None.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.
      (4)   Lot size.
         (a)   Minimum area:
            1.   Mobile home parks: two acres; provided that, mobile home parks shall be permitted only when served by a sanitary sewer system approved in accordance with city health regulations and by regulations governing mobile home parks; and
            2.   Other permitted uses: 7,000 square feet.
         (b)   Minimum lot width: 50 feet; and
         (c)   Minimum lot depth: 100 feet.
      (5)   Setback requirements. The setback requirements in the MH District shall be the same as those required in the R-2 District.
      (6)   Height of buildings. In an MH District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.
      (7)   Lot coverage. In a MH District, no structure shall occupy more than 30% of the lot area.
      (8)   Limitations on use. Each mobile home park shall be subject to the provisions of the city regulations governing mobile homes and mobile home parks and shall be served by a sanitary sewer system approved in accordance with city health regulations.
      (9)   Accessory use structures. In an MH District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.
(2005 Code, § 11-205)  (Ord. 2390, passed 2-7-2017)
§ 11-206  R-3 DISTRICT; ONE-FAMILY TRANSITIONAL DISTRICT.
   (A)   This district is composed of certain quiet, low density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where children are members of most families and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings on permanent foundations, providing homes for the residents of the district.
   (B)   The following regulations shall apply to all R-3 Districts:
      (1)   Uses permitted outright.
         (a)   One-family dwellings and their accessory uses;
         (b)   Manufactured and modular homes in accordance with the provisions of Art. 5, § 11-513, of this chapter;
         (c)   Mobile homes and sectional homes placed on permanent foundations;
         (d)   Home occupations in accordance with Art. 5, § 11-503, of this chapter;
         (e)   Church;
         (f)   School: primary, elementary, junior high, senior high; and
         (g)   Hospital, sanitarium, rest home, home for the aged, nursing or convalescent home.
      (2)   Conditional uses permitted. The following uses and their accessory uses are permitted in an R-3 District when authorized in accordance with the requirements of this chapter governing conditional uses:
         (a)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum; and
         (b)   Utility substation or pumping station with no equipment storage.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.
      (4)   Lot size. The lot size in an R-3 District shall be as follows.
         (a)   The minimum lot area shall be 7,000 square feet for an interior lot and 8,000 square feet for a corner lot.
         (b)   The minimum lot width at the front building line shall be 50 feet for an interior lot and 60 feet for a corner lot.
         (c)   The minimum lot depth shall be 100 feet.
      (5)   Setback requirements. The yards in an R-3 District shall be as follows.
         (a)   The front yard shall be a minimum of 25 feet.
         (b)   Each side yard shall be a minimum of 10% of the width of lot at the building line; except that, on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street.
         (c)   The rear yard shall be a minimum of ten feet.
         (d)   The entrance side of a garage or carport shall be set back at least 25 feet from the access street; except that, in the case of an alley, the entrance shall be set back at least 18 feet from the property lines of the alley.
      (6)   Height of building. In an R-3 District, the primary structure shall not exceed a height of two and one-half stories or 35 feet, whichever is less.
      (7)   Lot coverage. In an R-3 District, buildings shall not occupy more than 30% of the lot area.
      (8)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.
      (9)   Accessory use structures. In an R-3 District, an accessory use structure shall not exceed 20 feet in height or 1,200 square feet in size.
(2005 Code, § 11-206)  (Ord. 2391, passed 2-7-2017)
§ 11-207  C-1 DISTRICT; NEIGHBORHOOD COMMERCIAL DISTRICT.
   (A)   This district is composed of certain land and structures used primarily to provide personal services. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the people of the area and to prohibit activities of an industrial nature. To these ends, development is primarily limited to restricted types and personal services. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district; plus certain public facilities which are needed to serve the occupants of the district.
   (B)   The following regulations shall apply to all C-1 Districts.
      (1)   Permitted uses.
         (a)   Bank and/or loan company or other similar financial institution with emphasis on a drive-up facility;
         (b)   Club, lodge or social/fraternal organization;
         (c)   Convenience store and/or filling station;
         (d)   Eating or drinking establishment;
         (e)   Hotel or motel;
         (f)   Jewelry store, watch and clock repair shop;
         (g)   Medical or dental clinic;
         (h)   Mortuaries and funeral homes;
         (i)   Parking lot;
         (j)   Professional offices; provided that, any storage of associated with such offices shall not exceed 50% of the gross floor area of the principal structure;
         (k)   Retail store or business;
         (l)   Studio: art, music, dance, health, photographic, radio or television broadcasting; and
         (m)   Wholesale office and showroom with merchandise on premises limited to samples only.
      (2)   Conditional uses. The following uses and their accessory uses are conditionally permitted in a C-1 District subject to the provisions of this chapter governing conditional uses:
         (a)   Auditorium, exhibitor hail or other public assembly room;
         (b)   Automobile laundry;
         (c)   Automobile service station;
         (d)   Grocery store;
         (e)   Discount retail and/or wholesale outlet;
         (f)   Single-family, duplex and multiple-family dwellings and associated home occupations; provided, they meet all requirements of the R-2 Multiple-Family Residential District;
         (g)   Child care centers;
         (h)   Adult day care and/or adult day health care facilities;
         (i)   Theater, not including drive-in type;
         (j)   Commercial amusement/recreation facilities, such as bowling alleys, miniature golf, arcades and similar facilities;
         (k)   Governmental structure or use including public park, playground, recreation building, fire station, library or museum;
         (l)   Utility substation or pumping station with no equipment in storage; and
         (m)   Supervised group home for youth operated by the state or agency or department thereof; or duly licensed, franchised or authorized by the state.
      (3)   Signs.  All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.
      (4)   Lot size. The lot size in a C-1 District shall be as follows.
         (a)   Lots used for dwelling purposes shall be governed by the requirements as specified for R-2 Districts.
         (b)   The minimum lot area for non-residential uses shall be 5,000 square feet.
         (c)   The minimum lot width at the front building line shall be 50 feet.
         (d)   The minimum lot depth shall be 100 feet.
      (5)   Setback requirements. In a C-1 District, the yards shall be as follows.
         (a)   The minimum yard dimensions of the residential district shall apply on the sides of a lot abutting a residential district.
         (b)   The front yard shall be a minimum of 25 feet for all yards abutting a street.
         (c)   There shall be no side yard requirement for non-residential uses, except as provided above; provided further that, corner lots shall have a minimum of 25 feet for all yards abutting a street.
      (6)   Height of buildings. In a C-1 District within 100 feet of a residential zone, no structure shall exceed 40 feet in height, and in no case shall such a structure exceed 60 feet.
      (7)   Lot coverage. In a C-1 District, business buildings shall not occupy more than 50% of the lot area.
      (8)   Limitations on use. In a C-1 District, the following conditions and limitations shall apply.
         (a)   All business, service, storage, or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      (9)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.
(2005 Code, § 11-207)
§ 11-208  C-2 DISTRICT; CENTRAL BUSINESS DISTRICT.
   (A)   This district is composed of certain land and structures used primarily to provide retailing and personal services, such as clothing stores and banks, and basically conducted within an enclosed structure. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the families of the city and to prohibit activities of an industrial nature. To these ends, development is primarily limited to retailing and personal services plus those uses permitted in any residential district and those permitted in § 11-209 of this article. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district, plus certain public facilities which are needed to serve the occupants of the district.
   (B)   (1)   General. The following uses and their accessory uses are permitted outright in all C-2 Districts; provided that:
         (a)   There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are customarily sold at retail on premises;
         (b)   Such uses, operations or products are not objectionable due to odor, dust, smoke, noise, vibration or other similar causes which are not compatible with other uses in the area; and
         (c)   All articles for sale, rent, display, storage or hire must be contained within enclosed building, except those uses permitted in § 11-209 of this chapter.
      (2)   Uses permitted outright.
         (a)   Auditorium, exhibitor hall or other public assembly room;
         (b)   Bank, loan company or similar financial institution;
         (c)   Bus passenger station;
         (d)   Club, lodge;
         (e)   Custom dressmaking, tailor shop;
         (f)   Eating or drinking establishment;
         (g)   Hotel, boarding house;
         (h)   Laundry, cleaning or pressing establishment using non-explosive and non-inflammable cleaning fluid;
         (i)   Locksmith;
         (j)   Medical or dental laboratory;
         (k)   Mortuary;
         (l)   Newsstand;
         (m)   Parking lot or parking garage;
         (n)   Pet shop;
         (o)   Professional office;
         (p)   Railway passenger station or express office;
         (q)   Restaurant, tavern, tearoom or café;
         (r)   Retail store or business;
         (s)   Shoe repair shop;
         (t)   Studio: art, music, dance, health, photographic, radio or television broadcasting;
         (u)   Second-hand store;
         (v)   Theater, except drive-in type;
         (w)   Pawnshop;
         (x)   Watch and clock repair shop;
         (y)   Wholesale office and showroom with merchandise on the premises limited to samples only;
         (z)   Governmental correctional facility; and
         (aa)   Other similar retail commercial use, but not including a use first listed in the C-3 District.
      (3)   Conditional uses permitted. The following uses and their accessory uses are permitted in the C-2 District when authorized in accordance with the requirements of this chapter governing conditional uses:
         (a)   Dwellings; provided, they shall be governed by the requirements for the R-2 Residential District;
         (b)   Any use permitted as a conditional use in an R-2 District;
         (c)   Automobile service station;
         (d)   Automobile, truck, trailer or boat sales, repairs, rentals and storage;
         (e)   Bakery;
         (f)   New building materials sales and storage;
         (g)   Drive-in establishment offering goods or services to customers waiting in parked motor vehicles, except drive-in theaters;
         (h)   Motel;
         (i)   Printing shop;
         (j)   Bowling center;
         (k)   Warehousing;
         (l)   Manufacturing and assembly of products; and
         (m)   Outside display of merchandise not on public property and for retail sale on the premises.
      (4)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.
      (5)   Lot size.
         (a)   Lots used for dwelling purposes shall be governed by the requirements specified for R-2 Districts.
         (b)   The minimum lot area shall be 2,500 square feet for non-residential uses.
         (c)   The minimum lot width at the front building line shall be 25 feet.
         (d)   The minimum lot depth shall be 100 feet.
      (6)   Setback requirements.
         (a)   No minimum requirement, except as provided below and for residential structures which shall be governed by R-2 District requirements.
         (b)   The minimum yard dimensions of the residential districts shall apply on the side of a lot abutting a residential district.
         (c)   There shall be no side yard requirements for non-residential uses, except as provided above.
      (7)   Height of buildings. In a C-2 District, building height shall not exceed 60 feet.
      (8)   Lot coverage. In a C-2 District, buildings may occupy 100% of the lot area, except residential buildings.
      (9)   Limitations on use. In a C-2 District, the following conditions and limitations shall apply.
         (a)   All business, service, repair, processing, storage or merchandise display (not including those uses in the following sentence) shall be conducted wholly within an enclosed building, except for off-street parking and loading, drive-in windows, minor service for motor vehicles and display of merchandise along the wall of the building not extending more than five feet from the wall, sidewalk displays authorized by the city and outside displays in § 11-209 of this article. Open storage of automobile, boat, truck or trailer for sale resulting from retailing outlets are permitted, but does not include salvage operation or storage.
         (b)   All items produced or wares and merchandise handled shall be sold at retail on the premises, except in the case of § 11-209 of this chapter.
      (10)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.
(2005 Code, § 11-208)
§ 11-209  C-3 DISTRICT; SERVICE COMMERCIAL DISTRICT.
   (A)   This district is composed of certain land and structures used primarily to provide retailing and personal service of many kinds, including those uses permitted in the C-2 Districts, plus activities not basically conducted within an enclosed structure, such as used car lots. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for providing service to the people of the area, and to prohibit activities of an industrial nature. To these ends, development is primarily limited to all types of retailing and personal services, plus those uses permitted in any residential district. The regulations are designed to permit development of the enumerated functions limited by standards designed to retain a favorable environment for the proper functioning of the district; plus certain public facilities which are needed to serve the occupants of the district.
   (B)   The following regulations shall apply to all C-3 Districts.
      (1)   Uses permitted outright. The following uses and their accessory uses are permitted outright in a C-3 District:
         (a)   Automobile, boat, truck or trailer storage, sales repair and rental;
         (b)   Automobile laundry;
         (c)   Automobile service station;
         (d)   Business, technical or trade school;
         (e)   Catering establishment;
         (f)   Blueprinting, photostatting or other reproduction process;
         (g)   Bookbindery;
         (h)   Building materials, retail outlet only;
         (i)   Commercial amusements, if conducted wholly within an enclosed building;
         (j)   Custom manufacturing of goods for retail sale on the premises;
         (k)   Electric power generator, transformer station or substation;
         (l)   Farm machinery sales;
         (m)   Fuel oil storage and distribution with underground tanks;
         (n)   Laboratory;
         (o)   Motel;
         (p)   Newspaper or printing establishment;
         (q)   Public garage, including automobile repairing, and incidental automobile body and fender work, painting and upholstering, if conducted completely within an enclosed building;
         (r)   Restaurant;
         (s)   Storage building for household goods;
         (t)   Telephone exchange;
         (u)   Tire shop, including incidental recapping;
         (v)   Plumbing, sign painting, upholstering, cabinet or carpenter shop;
         (w)   Utility station or substation;
         (x)   Veterinary office or animal hospital;
         (y)   Children’s day care center;
         (z)   Adult day care and/or adult day health care facilities;
         (aa)   Sign painting shop; and
         (bb)   Other similar uses, but not including a use first listed in the I-1 District.
      (2)   Conditional uses permitted. The following uses are permitted in the C-3 District when authorized in accordance with the requirements of this chapter governing conditional uses:
         (a)   Dwellings; provided, they shall be governed by the requirements for the R-2 Residential District;
         (b)   New building materials sales and storage; and
         (c)   Drive-in theater.
      (3)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514 of this chapter.
      (4)   Lot size. The lot size in a C-3 District shall be as follows:
         (a)   Lots used for dwelling purposes shall be governed by the requirements as specified for R-2 Districts.
         (b)   The minimum lot area for non-residential uses shall be 5,000 square feet.
         (c)   The minimum lot width at the front building line shall be 50 feet.
         (d)   The minimum lot depth shall be 100 feet.
      (5)   Setback requirements. In a C-3 District, the yards shall be as follows.
         (a)   The minimum yard dimensions of the residential district shall apply on the sides of a lot abutting a residential district.
         (b)   The front yard shall be a minimum of 25 feet for all yards abutting a street.
         (c)   There shall be no side yard requirement for non-residential uses, except as provided above; provided further that, corner lots shall have a minimum yard of 25 feet for all yards abutting a street.
      (6)   Height of buildings. In a C-3 District within 100 feet of a residential district, no structure shall exceed 40 in height, and in no case shall such structure exceed 60 feet.
      (7)   Lot coverage. In a C-3 District, business buildings shall not occupy more than 50% of the lot area.
      (8)   Limitations on use. In a C-3 District, the following conditions and limitations shall apply.
         (a)   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or opening will cause glare, excessive noise or other adverse effects on residential properties.
         (c)   Motor vehicle, boat or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape areas.
      (9)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515 of this chapter.
(2005 Code, § 11-209)
§ 11-210  I DISTRICT; LIGHT INDUSTRIAL DISTRICT.
   (A)   This district is composed of certain lands and structures used primarily for wholesaling and light industrial purposes. The regulations of this district are intended to provide intensity standards and standards of external effect compatible with the surrounding or abutting district. To these ends, development is limited to wholesaling and light industries which can be operated in a clean and reasonable quiet manner, plus certain public facilities which are needed to serve the occupants of the district.
   (B)   (1)   General. The following uses and their accessory uses are permitted outright in all I Districts; provided that:
         (a)   The storage above ground or below ground of the liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on one lot of less than one acre in area nor shall storage exceed more than 25,000 gallons in one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons, shall not be located closer than 50 feet from any structure intended for human habitation or closer than 200 feet from any residential district;
         (b)   All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris; and
         (c)   All permitted and conditionally permitted uses are in conformance with industrial standards delineated in this section.
      (2)   Uses permitted outright. The following uses and their accessory uses are permitted outright in an I-1 District:
         (a)   Assembly, manufacture or preparation of articles and merchandise from the following types of previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass, hair, honey, lacquer, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumber mills, planing mills and molding plants, but not cabinet shops or woodworking shops), yarn or paint not employing a boiling process;
         (b)   Assembly of electrical appliances or equipment, electronic instruments and devices, radios, phonographs, televisions, including the manufacture of small parts such as coils, condensers, transformers and crystal holders;
         (c)   Assembly of metal products;
         (d)   Manufacture of figurines, pottery or similar ceramic products using only previously pulverized clay;
         (e)   Manufacture of musical instruments, novelties, rubber or metal stamps, toys;
         (f)   Manufacture of optical goods, scientific or precision instruments or equipment;
         (g)   Manufacture of artificial limbs, dentures, hearing aids, surgical instruments or dressings or other devices employed by the medical and dental professions;
         (h)   Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products or meat, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries; except that, the rendering of fat or oil; fish or meat slaughtering; and processing of fermented food such as sauerkraut, vinegar or yeast shall be excluded;
         (i)   Manufacture or maintenance of signs, billboards, commercial advertising structures, or name plates;
         (j)   Manufacture of medicines;
         (k)   Automobile painting or upholstering;
         (l)   Building of marine pleasure craft;
         (m)   Bottling plant;
         (n)   Cabinet or carpenter’s shop;
         (o)   Coin machine manufacture or repair;
         (p)   Contractor’s equipment storage;
         (q)   Cold storage plant;
         (r)   Dairy products processing;
         (s)   Dwelling for caretaker or watchman working on the property;
         (t)   Electroplating shop;
         (u)   Fuel supply outlet or distributor; providing, no dust is produced;
         (v)   Laundry, dry cleaning, dyeing or rug cleaning plant;
         (w)   Railroad tracks and facilities such as switching yards, spur or holding tracks, freight depot;
         (x)   Sheet metal shop or other metal working shop, machine shop not using drop hammer or punch press;
         (y)   Plumbing contractor;
         (z)   Warehousing;
         (aa)   Welding shop;
         (bb)   Wholesale distributor or outlet; and
         (cc)   Other similar uses in conformance with industrial performance standards herein.
      (3)   Conditional use permitted. The following uses are permitted in an I-1 District when authorized in accordance with the requirements of this section governing conditional uses:
         (a)   All uses that are not listed in permitted uses that are also in conformance with all stipulations of this section, including the industrial performance standards detailed in this section;
         (b)   Auto, truck, trailer or boat storage or sales;
         (c)   Building materials storage or sale yard;
         (d)   Drive-in theater;
         (e)   Equipment sales, rental storage or repair;
         (f)   Farm machinery sales or service;
         (g)   Governmental structure or use; and
         (h)   State licensed day care facility with the following requirements:
            1.   Outside play area to be fenced with a fence six feet in height;
            2.   Door locks on all doors not essential to the day care facility;
            3.   Carbon monoxide detectors to be in installed in every room; and
            4.   Lighted exit signs above all exterior exit doors.
      (4)   Signs. All signs shall be in conformance with the regulations provided herein and with the provisions of § 11-514.
      (5)   Lot size. The lot size in an I-1 District shall be as follows:
         (a)   The minimum lot area shall be 5,000 square feet;
         (b)   The minimum lot width at the front building line shall be 50 feet; and
         (c)   The minimum lot depth shall be 100 feet.
      (6)   Setback requirements.
         (a)   In an I-1 District, all sides of the lot abutting a street shall have a 25-foot setback.
         (b)   There shall be a minimum side yard of not less than ten feet.
         (c)   There shall be a minimum rear yard of not less than 25 feet.
      (7)   Height of building. In an I-1 District, no structure shall exceed a height of 60 feet except that within 100 feet of a residential district no structure shall exceed 40 feet in height.
      (8)   Lot coverage. In an I-1 District, buildings shall not occupy more than 70% of the lot area except that not more than 50% of the area of that part of the lot which is within 100 feet of a residential district shall be covered by buildings.
      (9)   Limitations on use. In an I-1 District, the following conditions and limitations shall apply.
         (a)   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building unless screened from the residential zone by a sight-obscuring fence permanently maintained at least six feet in height.
         (b)   Openings to structures on sides adjacent to or across a street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
         (c)   Motor vehicle, boat or trailer rental, sales or storage lots shall be drained and surfaced with crushed rock or pavement except in those portions of the lot maintained as landscape area.
         (d)   Yards abutting or across a street from a residential district shall be continuously maintained in lawn or other landscaping unless screened from the residential district as provided in § 11-208(B)(9)(a).
         (e)   Access points from a public road to properties in an I-1 District shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.
         (f)   All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects and rodents or create a health hazard.
         (g)   The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.
      (10)   Industrial performance standards. The performance standards listed below are minimum standards for industrial land use that shall be met in conjunction with this district and conformed to federal and state laws.
         (a)   Fire hazard. No operation shall involve the use of highly flammable gases, acids, liquids, grinding processors or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other ordinances of the city.
         (b)   Noise. All noise and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest the industry.
         (c)   Sewage and liquefied wastes. No operation shall be carried on which involves the discharge into the sewer, watercourse or liquid wastes of chemical nature which are detrimental to normal sewage plant operations or corrosive and damaging to sewer pipes and installations.
         (d)   Air contaminates or pollutants.
            1.   Air contaminates and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four-minute period in each one-half hour. Light colored contaminates of such an opacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.
            2.   Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500°F, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six-tenths grains per cubic foot as corrected to a temperature of 500°F.
            3.   Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminates as constitute a detriment, nuisance or annoyance to any considerable number of persons or to the public in general or endanger the comfort, repose, health or safety of any such considerable number of persons or have a natural tendency to cause injury or damage to business, vegetation or property.
         (e)   Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this ordinance.
         (f)   Gases. The gases sulphur dioxide and hydrogen sulphide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million and nitrous fumes shall not exceed five parts per million. All measurements shall be taken at the property line.
         (g)   Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three-thousands of a inch measured at the property line. The use of steam or broad hammers shall not be permitted.
         (h)   Glare and heat. All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property line. No heat from the furnaces or processing equipment shall be sensed at the tot line to the extent of raising the temperature of air or materials more than 5°F.
      (11)   Fence regulations. All fences, walls and hedges shall be in conformance with the regulations provided herein and with the provisions of § 11-515.
(2005 Code, § 11-210)  (Ord. 2359, passed  - -; Ord. 2413, passed 3-6-2018)
ARTICLE 3: CONDITIONAL USES
Section
   11-301   Authorization to grant or deny conditional uses
   11-302   Application for a conditional use
   11-303   Public hearing on a conditional use
   11-304   Recess of the hearing by Planning Commission
   11-305   Action on a conditional use
   11-306   Notification of action
   11-307   Standards governing conditional uses
§ 11-301  AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES.
   Uses designated in this chapter as conditional uses permitted shall be permitted or enlarged or altered upon approval by the Planning Commission all in accordance with the standards and procedures specified in this article. In permitting a conditional use, the Planning Commission may impose, in addition to the regulations and standards expressly specified by this chapter, other conditions found necessary to protect the best interest of the surrounding property or neighborhood or the city as a whole. These conditions may include requirements increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, and reduction of light and air to adjacent property, requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission and new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of this chapter, shall conform to all regulations pertaining to conditional uses.
(2005 Code, § 11-301)
§ 11-302  APPLICATION FOR A CONDITIONAL USE.
   A request for a conditional use or modification of any existing conditional use may be initiated by a property owner or his or her authorized agent by filing an application with the Zoning Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and by a fee as established by resolution of the City Council. The Planning Commission may require other drawings or material essential to an understanding of the proposed use and its relationship to surrounding properties.
(2005 Code, § 11-302)
§ 11-303  PUBLIC HEARING ON A CONDITIONAL USE.
   (A)   A proposed conditional use shall be considered by the Planning Commission at a public hearing held within 45 days after filing of the application.
   (B)   The Zoning Administrator shall give notice of the hearing in the following manner:
      (1)   By publication of a notice in a newspaper of general circulation in the city not less than 20 days prior to the date of the hearing; and
      (2)   By sending notices by certified mail not less than ten days prior to the date of hearing to the property owners within the area enclosed by lines parallel to and 300 feet from the exterior boundaries of the property involved, using for this purpose the name and address of owners as shown upon the records of the County Assessor. Failure to receive such notice shall not invalidate any proceedings in connection with the application for a conditional use.
(2005 Code, § 11-303)
§ 11-304  RECESS OF THE HEARING BY PLANNING COMMISSION.
   (A)   The Planning Commission may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notices upon other property owners or persons whom it decides may be interested in the proposed conditional use.
   (B)   Upon recessing for this purpose, the Planning Commission shall announce the time and date when the hearing will be resumed.
(2005 Code, § 11-304)
§ 11-305  ACTION ON A CONDITIONAL USE.
   (A)   The Planning Commission may approve, approve conditionally or disapprove a request for a conditional use.
   (B)   A file containing a written record of the action taken by the Planning Commission with regard to conditional uses shall be maintained by the Planning Commission.
(2005 Code, § 11-305)
§ 11-306  NOTIFICATION OF ACTION.
   The Zoning Administrator shall notify the applicant for a conditional use in writing of the Commission’s action within seven days after the decision has been rendered.
(2005 Code, § 11-306)
§ 11-307  STANDARDS GOVERNING CONDITIONAL USES.
   A conditional use shall ordinarily comply with the standards of the district concerned for uses permitted outright, except as specifically modified in granting the conditional permit or otherwise as follows.
   (A)   Setbacks. In any residential district, no yards provided shall be less than two-thirds the height of the principal structure. In other districts, yards may be increased over those required for uses permitted outright when necessary to meet the general objective conditional use control.
   (B)   Height exception. The height limitations of any district may be exceeded by a conditional use to a maximum permitted height of 60 feet; provided that, total floor area of the conditional use shall not exceed one and one-half times the area of the site; and, provided that, yards have a minimum width equal to at least two-thirds of the height of the principal structure.
   (C)   Limitations on access to lots and on openings to buildings. The Planning Commission may limit or prohibit vehicular access from a conditional use to residential streets not designated as arterial streets on an officially adopted street plan, and it may limit or prohibit openings insides of a building or structure permitted as a conditional use within 50 feet of a residential district if such openings will cause glare, excessive noise or other adverse effects on adjacent residential properties.
   (D)   Signs. Signs permitted within the district or one indirectly illuminated or non-illuminated sign on each side of a conditional use abutting a street shall be permitted, whichever is less restrictive. A sign shall not exceed 20 square feet in area, shall pertain to the conditional use and may be located in required yards.
   (E)   Automobile service stations. In addition to the other standards of this section, automobile service stations, when permitted as conditional uses, shall meet the following requirements.
      (1)   The minimum permitted lot size shall be 10,000 square feet.
      (2)   Sales of merchandise shall be confined to items used for the maintenance and servicing of passenger cars.
      (3)   No automobile repairs other than incidental minor repairs, battery and tire changing shall be allowed on the property.
      (4)   A sight-obscuring fence of not less than five feet, nor more than six feet, shall be provided between the station site and abutting residential property.
   (F)   Schools.
      (1)   Nursery schools shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. A sight-obscuring fence at least four feet, but not more than six feet, in height shall be provided separating the play area from abutting lots.
      (2)   Elementary schools shall provide one acre of site area for each 90 pupils or one acre for each three classrooms, whichever is greater.
      (3)   Intermediate schools shall provide one acre of site area for each 75 pupils or one acre for each two and one-half classrooms, whichever is greater.
   (G)   Utility substation or pumping substation. The minimum lot size of the district in which a public utility facility is to be located may be waived only on finding that the waiver will not result in noise or other detrimental effect on adjacent property. No equipment storage shall be permitted on the site in a residential district or in a C-2 District. Such uses shall be fenced and provided with landscaping as found necessary.
   (H)   Dwellings. In no case shall the standards for a dwelling as a conditional use be less than the standards of an R-2 District.
(2005 Code, § 11-307)
ARTICLE 4: OFF-STREET PARKING AND LOADING
Section
   11-401   Off-street parking
   11-402   Off-street loading
   11-403   General provisions; off-street parking and loading
§ 11-401  OFF-STREET PARKING.
   At the time of erection of a new structure or at the time of enlargement or change in use of an existing structure within any district in the city a parking lot permit is required and off-street parking spaces shall be as provided in this section unless greater requirements are otherwise established. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if elimination would result in less space than is required hereby. Where square feet are specified, the area measured shall be the floor area primary to the functioning of the particular use of property and shall exclude: stairwells; elevator shafts; hallways; ornamental balconies; space occupied by heating, air conditioning or other utility equipment; and space devoted to off-street parking or loading. The number of employees of a new or expanding business shall be estimated in a manner approved by the Board of Adjustment and the number of employees of an established business shall be determined from an examination of the payroll. The C-2 District shall be exempt from the parking requirements of this chapter.
 
Schedule of Minimum Off-Street Parking and Loading Requirements
Structures and Uses
Minimum Off-Street Parking Regulations
Minimum Off-Street Loading Requirements
Bed and breakfast and other lodging houses
1 space per 2 rental units
None required
Bowling alleys
5 spaces per alley
1 space per establishment
Churches, synagogues and temples
1 space per 4 seats in main unit of worship or 8 feet of bench length
None required
Eating and drinking places
Parking spaces equal to 40% of capacity in persons
2 spaces per establishment
Education uses, all other
Parking spaces equal to 40% of capacity in students
2 spaces per structure
Educational uses, nursery and primary
Parking spaces equal to 20% of capacity in students
2 spaces per structure
Funeral homes chapels
1 space per 4 seats or 8 feet of bench length
2 spaces per establishment
Hospitals
1 space per 2 beds
2 spaces per structure
Hotels
1 space per 500 square feet on floor area
2 spaces per establishment
Industrial uses
1 space per employee on largest shift
2 spaces per establishment
Libraries
1 space per 500 sq. ft.
1 space per structure on floor area
Medical clinics
5 spaces per staff doctor or dentist
None required
Mobile home park
2 spaces per dwelling unit
None required
Motels
1 space per rental unit
None required
Offices and service establishments
1 space per 200 sq. ft. gross floor area
1 space per establishment
Private clubs and lodges
1 space per 500 sq. ft. of floor area
1 space per establishment
Residential structures (multi-family)
2 spaces per dwelling unit*
None required
Residential structures (multi-family) occupants are 65 years of age and older
1-1/2 spaces per dwelling unit*
None required
Residential structures (single-family)
2 spaces per dwelling unit
None required
Retail sales
1 space per 200 sq. ft. of retail floor area, plus 1 per employee on largest shift
1 space per 400 square feet of floor area
Roadside stands
4 spaces per establishment
None required
Sanitariums, convalescent and rest homes services
1 space per 3 beds, plus 1 space per establishment
1 space per employee
Service or repair shop; retail store handling exclusively bulky merchandise such as automobiles and furniture
1 space per establishment
1 space per establishment
Theaters, auditoriums and places of assembly
1 space per 5 people in designed capacity
1 space per establishment
Veterinary establishments
3 spaces per staff doctor
None required
Wholesaling, warehousing and on largest shift distribution operations
1 space per 2 employees
2 spaces per establishment
NOTES TO TABLE:
*Enclosed parking garages divided into individual stalls are not counted as parking spaces
 
(2005 Code, § 11-401)
§ 11-402  OFF-STREET LOADING.
   (A)   Passengers. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.
   (B)   Merchandise, materials or supplies. Buildings or structures to be built or substantially altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. Off-street parking areas used to fulfill the requirements of this chapter shall not be used for loading and unloading operations, except during periods of the day when not required to take care of parking needs.
(2005 Code, § 11-402)
§ 11-403  GENERAL PROVISIONS; OFF-STREET PARKING AND LOADING.
   (A)   The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner. No building or other permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter. Use of property in violation hereof shall be a violation of this chapter. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.
   (B)   Requirements for types of buildings and uses not specifically listed herein shall be determined by the Board of Adjustment, after a report and recommendation from the Planning Commission, based upon the requirements of comparable uses listed.
   (C)   In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately.
   (D)   Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap; provided that, satisfactory legal evidence is presented to the Building Inspector in the form of deeds, leases or contracts to establish the joint use.
   (E)   Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located not farther than 300 feet from the building or use they are required to serve, measured in a straight line from the building.
   (F)   Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
   (G)   Unless otherwise provided, required parking and loading spaces shall not be located in a required front yard, but may be located within a required side or rear yard.
   (H)   A plan, drawn to scale, indicating how the off-street parking and loading requirements are to be fulfilled shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirement is being fulfilled, including the following:
      (1)   Delineation of individual parking and loading spaces;
      (2)   Circulation area necessary to serve spaces;
      (3)   Access to streets and property to be served;
      (4)   Curb cuts;
      (5)   Dimensions, continuity, and substance of screening;
      (6)   Grading, drainage, surfacing and subgrading details;
      (7)   Delineation of obstacles to parking and circulation in finished parking area;
      (8)   Specifications as to signs and bumper guards; and
      (9)   Other pertinent details.
   (I)   (1)   Areas used for standing and maneuvering of vehicles shall have durable and dustless surfaces maintained adequately for all weather use and so drained as to avoid flow of water across sidewalks.
      (2)   Except for parking to serve residential uses, parking and loading areas adjacent to or within residential districts or adjacent to residential uses shall be designed to minimize disturbance of residents by the erection between the uses of a sight-obscuring fence of not less than five feet, nor more than six feet, in height, except where vision clearance is required.
      (3)   Parking spaces along the outer boundaries of a parking lot shall be contained by a curb at least four inches high and set back a minimum of four feet from the property line or by a bumper rail.
      (4)   Artificial lighting which may be provided shall be so deflected as not to shine or create glare in any residential district or on any adjacent dwelling.
      (5)   Access aisles shall be of sufficient width for all vehicles turning and maneuvering.
      (6)   Except for dwellings, parking spaces shall be so located and served by a driveway that their use will require no backing movements or other maneuvering within a street right-of-way other than an alley.
      (7)   Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety for pedestrian and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate the traffic to be anticipated. Service drives shall not be more than 36 feet in width and shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage nor occupied by services drives. Service drives on the same lot frontage shall be separated by a minimum length of curb of 30 feet; provided that, for every foot by which the lot frontage exceeds 100 feet the minimum required length of curb shall be increased by one foot, up to a maximum requirement of 200 feet. In the case of a corner lot, service drives shall be located not closer than 30 feet to the intersecting street line. Service drives shall be located not closer than ten feet to a side lot line; except that, a common service drive to two adjacent properties with width not exceeding 36 feet may be provided at the common line.
      (8)   Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right-of-way line and a straight line joining said lines through points 30 feet from their intersection.
   (J)   Required parking spaces shall be improved as required and made available for use before the final inspection is completed by the Building Inspector. An extension of time may be granted by the Building Inspector providing a performance bond, or its equivalent, is posted equaling the cost to complete the improvements as estimated by the Building Inspector; provided, the parking space is not required for immediate use. In the event the improvements are not completed within one year’s time, the bond or its equivalent shall be forfeited and the improvements thenceforth constructed under the direction of the city.
(2005 Code, § 11-403)  (Ord. 2342, passed 11-15-2011)
ARTICLE 5: SUPPLEMENTARY PROVISIONS
Section
   11-501   District boundaries
   11-502   Accessory uses
   11-503   Home occupations
   11-504   Projections from buildings
   11-505   Maintenance of minimum ordinance requirements
   11-506   General exception to lot size requirements
   11-507   Exceptions to yard requirements
   11-508   General exception to building height limitations
   11-509   Access
   11-510   Vision clearance areas
   11-511   Zoning of annexed areas
   11-512   Exceptions to outside displays
   11-513   Manufactured home standards
   11-514   Sign regulations
   11-515   Fences, walls and hedges
   11-516   Telecommunications towers
   11-517   Wind energy systems (WES)
§ 11-501  DISTRICT BOUNDARIES.
   Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad right-of-way or such lines extended. Where a district divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries; provided, the boundary adjustment is a distance of less than 20 feet. If the adjustment involves a distance of more than 20 feet, the procedures for a district change shall be followed.
(2005 Code, § 11-501)
§ 11-502  ACCESSORY USES.
   Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this chapter and shall comply with the following limitations.
   (A)   A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.
   (B)   A guest house may be maintained accessory to a dwelling; provided, there are not cooking facilities in the guest house.
   (C)   Regardless of the side yard and rear yard requirements of a residential zone, a side yard may be reduced to three feet for an accessory structure erected more than 50 feet from a street other than an alley, a rear yard may be reduced to three feet for an accessory structure, except the entrance side of a garage or carport shall not be reduced to less than 18 feet from an alley; provided, the structure is detached from other buildings by five feet or more and does not exceed a height of one story, nor an area of 720 square feet.
(2005 Code, § 11-502)
§ 11-503  HOME OCCUPATIONS.
   Home occupations shall be governed by the following regulations.
   (A)   Home occupations shall not occupy more than 10% of the total floor area of the main building or, if located in an accessory building, shall not occupy more than 5% of the total lot area.
   (B)   Home occupations shall be operated entirely from an enclosed structure.
   (C)   There shall be no visible evidence of the operation.
   (D)   The operation shall not substantially increase traffic in the area.
   (E)   The operation shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
(2005 Code, § 11-503)
§ 11-504  PROJECTIONS FROM BUILDINGS.
   Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than three feet into a required yard or into required open space as established by coverage standards.