(a) The City is hereby divided into the following zones or districts:
R-1 Single Family Residential
R-2 Single Family Residential
R-3 Single Family Residential
R-4 Single Family Residential
R-5 Estate Zoning
R-10 Multi-Family Residential
RMH Mobile Home
C-1 Conservation
C-2 Commercial Recreation
OV Old Village District
B-1 Community Service
B-2 General Business
B-3 Interchange Service District
PUD Planned Unit Development
M-1 Light Manufacturing
M-2 Heavy Manufacturing
MRD Research & Development
MIP Industrial Park
(b) Land may also be classified in the following special districts:
FH Flood Hazard
(1969 Code 150.101; Ord. 07-0-42. Passed 4-17-07; Ord. 20-0-062. Passed 8-18-20.)
(c) Old Village (OV) District.
(1) Purpose and intent. The purpose of the Old Village District (OV), hereinafter sometimes referred to as the Old Village, is to:
A. Preserve, stabilize, restore and enhance pedestrian-oriented small- scale commercial and residential neighborhoods and to provide through mixed-use development only for those commercial activities which are compatible with a neighborhood of this character;
B. Protect the unique historic and architectural character of the Old Village and to ensure historic preservation in the district;
C. Strengthen the economy of the City through the preservation and creation of jobs;
D. Increase the City’s tax base by encouraging reinvestment in historic buildings and redevelopment within the Old Village;
E. Further implement the City’s Comprehensive Plan.
The goal of preservation and redevelopment within the Old Village is to create a vibrant residential, office, and retail district in the heart of the City benefiting property owners, residents, and visitors in particular and all citizens in general, economically, socially, and culturally.
(2) Permitted and conditionally permitted uses.
A. Residential:
1. Single, duplex and multi-family residential dwellings of at least 1,200 square feet per dwelling unit. Accessory uses customarily incidental to residential use.
2. Live/work units only upon issuance of a conditional use permit.
3. Independent and semi-independent residential facilities only upon issuance of a conditional use permit.
4. Home occupations only upon issuance of a conditional use permit.
B. Medical:
1. Offices of licensed medical professionals.
2. Hospitals, medical clinics and treatment centers, rehabilitation centers and facilities, nursing, assisted living, group care and other similar skilled care facilities and/or homes all only upon issuance of a conditional use permit.
C. Education and Recreational:
1. Public schools, private schools, and any substantially similar educational facilities all only upon issuance of a conditional use permit.
2. Sports, recreation, fitness, training and any similar physical activity facilities and/or establishments all only upon issuance of a conditional use permit.
3. Theater, concert, assembly and meeting halls, houses of worship, and any such similar group meeting venues all only upon issuance of a conditional use permit.
4. Library, museum, and public facilities all only upon issuance of a conditional use permit.
D. Office, Retail and Services:
1. Child and adult day care centers only upon issuance of a conditional use permit.
2. Offices of professional service providers in the fields of banking, finance and financial services, accounting, taxation, insurance, real estate, architecture, engineering, information technologies, and law. Offices of other substantially similar professional service providers only upon issuance of a conditional use permit. Drive-through and ATM facilities associated with one of these uses may be permitted only upon issuance of a conditional use permit.
3. Traditional retail establishments not in excess of 15,000 square feet of gross leasable space except only upon issuance of a conditional use permit. Drive-through facilities associated with one of these uses may be permitted only upon issuance of a conditional use permit.
4. Food and/or beverage preparation and/or service establishments only upon issuance of a conditional use permit.
5. Barber, hair style, beauty, spa, and any similar grooming, hygiene and beauty care establishments all only upon issuance of a conditional use permit.
6. Hotel, inn, bed-and-breakfast and any similar places of overnight accommodation all only upon issuance of a conditional use permit.
7. Laundromats and/or dry cleaners only upon issuance of a conditional use permit.
8. Funeral home only upon issuance of a conditional use permit. Crematories, regardless of whether the crematory is the principal or an ancillary use, are neither permitted as of right nor conditionally permitted.
9. Art galleries, artisan and photographic studios.
(3) Prohibited uses. The following uses are prohibited within the OV District:
A. Sexually-oriented businesses.
B. Tattoo and/or body piercing establishments.
C. Massage parlors. The offices of duly licensed massotherapists are not included in this prohibition.
D. Drive-through facilities unless express provision is made for the issuance of a conditional use permit for the specified use.
Prohibited uses are enumerated herein solely to avoid potential confusion in interpretation with those uses which are permitted and conditionally permitted within the OV District. This enumeration of prohibited uses is not to be interpreted as either expressly or impliedly permitting any uses other than those which are expressly permitted or conditionally permitted by the district regulations.
The Board of Building and Zoning Appeals shall have no jurisdiction to grant variances from these prohibitions.
(4) Minimum area and width.
Established by development plan.
(5) Minimum setbacks.
Established by development plan.
(6) Maximum height.
30 feet or higher based upon approved development plan.
(7) Minimum floor area.
All residential dwelling units: 1,200 square feet per dwelling unit
All non-residential uses: None
(8) Maximum dwelling units per acre. 8
(9) Criteria for lands zoned Old Village District (OV).
A. Parcels shall be within or immediately adjacent those areas designated within the City’s Comprehensive Plan as the “Old Village Commercial Corridor.”
B. No re-zoning to OV may occur, whether by referendum or otherwise, unless and until a site development plan which is in accord with all pertinent requirements of the Code first receives Planning Commission and Council approval.
C. The approved site development plan shall delineate the specific areas of the parcel, as well as structures and all parts thereof, which will be devoted to specified uses. Thereafter no change in use nor expansion of a use outside of the area, structure, or part thereof as so delineated may occur unless and until application is made to modify the approved development plan to permit such a change and approval is obtained in accordance with all requirements of this Code.
D. No parcel, or portion thereof, zoned for residential use may as a consequence of re-zoning to OV thereafter be used for any non- residential uses unless the approved site development plan adopted at the time of re-zoning allows for non-residential use. This prohibition does not apply to live/work units or home occupations which have obtained a conditional use permit. The residential lands and this restriction on use shall be delineated as such on the Official Zoning Maps and plats and deeds that are filed of record. The Board of Building and Zoning Appeals shall have no jurisdiction to grant variances from this prohibition.
E. Historic and/or architecturally significant structures, as defined by the OV supplemental regulations, must be preserved in accord with the regulations promulgated therefor and incorporated into any site development.
F. Any new or re-development shall incorporate a mix of permitted uses. Emphasis may be placed on one particular type of use provided that the site and the structures thereon are designed to allow for flexibility and the ready adaptation to re-use of the site and structures for other uses permitted within the district without the need for substantial investment, alteration, or other changes either with the site or any structures thereon. A historic structure which is not conducive to mixed use as a consequence of its design and/or age may be used solely for one class of use.
G. Site development, architectural design, and landscaping shall be in strict accord with the Design Guidelines for Commercial and Industrial Corridors - Village Core and any codified supplemental regulations for the OV district. All elevations of a structure shall receive uniform architectural design treatment.
H. Site development within the OV District shall comply with the requirements all pertinent sections of this Zoning Code. The supplemental regulations for the OV District shall prevail in the event of any actual or apparent conflict between those regulations and any regulations contained elsewhere in this Code and without regard to whether the actual or apparent conflict is caused directly by the language used within the different Code sections or indirectly as a consequence of omission.
I. The area of impervious coverage shall be no more than seventy-five percent (75%) of the total gross area.
J. Provision shall be made in all site developments for non-vehicular circulation systems, including but not necessarily limited to sidewalks, pathways, and bikeways. To the maximum extent feasible, provision shall be made in the site development for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties.
(Ord. 06-0-105. Passed 9-5-06; Ord.08-0-31. Passed 4-1-08.)