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(A) General description.
(1) This is a medium density residential district that encourages multiple-family developments which represent a broad variety of housing types. The regulations are designed to facilitate moderate density residential development that is more compatible with neighboring low density residential uses. Housing permitted in this district can also serve as a buffer between more intense business areas and the interior of neighborhoods. When units are attached but under individual ownership, the development regulations of this section are applied to the entire structure for purposes of determining building setbacks.
(2) This is a new district classification effective 5-12-2003.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all development regulations of this section:
(1) Single-family dwelling;
(2) Two-family dwelling, or single-family dwelling and a garage apartment;
(3) Up to four attached dwelling units on a parcel; each unit may be individually owned;
(4) Management office for a multiple-unit complex;
(5) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(6) Property owners’ association green space, meeting or recreation facility;
(7) Elementary or secondary school, no residential facilities included;
(8) Family day care home;
(9) Home occupation; and
(10) Residential sales.
(C) Conditional uses.
(1) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
(2) Secondary buildings, subject to the following:
(a) A detached garage which exceeds a 1,000 square foot building footprint or a 25-foot building height shall be considered a secondary building for setback and coverage purposes; and
(b) Secondary buildings related to a single-family residential use shall be located in the rear yard behind the main building and behind the side yard setback line required for the main building.
(3) Storm cellar proposed to be located in the front yard setback area:
(a) Must be inground shelter with maximum two feet of height above ground; and
(b) Applicant must show there is no reasonable access to a rear or side yard area.
(4) Accessory buildings and structures, subject to the following specific requirements and all other city regulations:
(a) No accessory structure shall be located in front of the main building, except fences, walls and flagpoles as permitted in this chapter; and
(b) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.
(5) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;
(6) Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple; and
(7) Accessory and non-accessory signs, subject to all city sign regulations.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Assisted living facility;
(2) Group home;
(3) Private club which includes a country club and golf course;
(4) Perimeter wall or fence which exceeds the height permitted by city regulations;
(5) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require-ments should conform to all platted setback and building lines if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed or easement, which has been approved by the city and filed of record with the County Clerk. Easements or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.
(3) Front yard setback:
(a) State highways: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greatest; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback:
(a) Main building, with city fire hydrant within 700 feet of the main building:
1. Interior lot line: five feet; and
2. Corner lot line abutting a street: 15 feet from property line, 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest.
(b) Main building without the above access to fire protection:
1. Interior lot line: 25 feet; and
2. Corner lot line abutting a street: 20 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest.
(c) Accessory building less than 14 feet in height: same as main building; and
(d) Accessory building 14 feet or more in height: same as main building, plus one foot for each full foot of additional building height greater than 14 feet.
(5) Rear yard setback:
(a) Main building: 20 feet from the rear property line;
(b) Accessory building less than 14 feet in height: five feet from the rear property line if no easement exists there, or one foot from the drainage or utility easement;
(c) Accessory building 14 feet or more in height: five feet from the rear property line if no easement exists there, or one foot from the utility easement, plus one foot for each full foot of additional building height greater than 14 feet; and
(d) Where an alley abuts the rear lot line, the accessory building setback may be reduced to a minimum of three feet.
(6) Minimum lot area, net:
(a) Detached single- family dwelling: 7,200 square feet;
(b) Duplex, or two dwelling units attached, or single-family dwelling and garage apartment: 8,000 square feet; and
(c) Three- to four-family dwelling: 10,000 square feet.
(7) Minimum lot width, exclusive of street easements or right-of-way: 50 feet, single-family dwelling; 60 feet, two-family dwelling.
(8) Coverage: maximum size and bulk of all permitted structures shall be based on the following criteria:
(a) Main, secondary and accessory buildings shall cover no more than 65% of the lot area within the platted or city-required setback lines, whichever setback is greater; plus
(b) Accessory buildings shall cover no more than 20% of the rear yard; and
(c) Inground storm cellars and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
(9) Maximum building height: 35 feet for main and secondary buildings; 25 feet for accessory building; provided that, the main building height may be increased to a maximum of 45 feet, according to the following formula:
(a) One additional foot of building height is permitted for each additional three feet of side and rear yard setback greater than the required minimum established in this zoning district;
(b) Platted building lines shall not be used in this calculation; and
(c) On a corner or double frontage lot, there shall be no required setback increase for the side or rear yard abutting the street.
(10) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
(11) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(12) Landscaping: at least 5% of the land area of permitted non-residential uses shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(2002 Code, § 154.031) (Ord. 486, passed 5-12-2003; Ord. 931, passed 12-12-2022)
(A) General description.
(1) This residential district is intended to provide for medium density areas of owner-occupied and rental housing. The principal use is low-rise multiple-family dwellings, garden apartments, townhouses and a mix of single-family through four- family residences. Recreational, religious and educational facilities normally located to service residential areas are also permitted to provide the basic elements of a balanced and attractive residential area.
(2) This district supersedes the former “R-5” Multi-Family Residential District. All properties formerly classified “R-5” on the Official Zoning Districts Map shall henceforth be classified “R-F-4” and be subject to the following district regulations.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all development regulations of this section:
(1) Single-family dwelling;
(2) Duplex, attached dwelling units in various configurations, including, but not limited to: townhouses; fourplexes; garden apartments;
(3) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(4) Property owners’ association green space, meeting or recreation facility;
(5) Elementary or secondary school, no residential facilities included;
(6) Day care home;
(7) Home occupation; and
(8) Residential sales.
(C) Conditional uses.
(1) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
(2) Secondary buildings, subject to the following:
(a) A detached garage which exceeds a 1,000-square foot building footprint or a 25-foot building height shall be considered a secondary building for setback and coverage purposes; and
(b) Secondary buildings related to a single-family residential use shall be located in the rear yard behind the main building and behind the side yard setback line required for the main building.
(3) Accessory buildings and structures, subject to the following specific requirements and all other city regulations:
(a) No accessory structure shall be located in front of the main building, except fences, walls and flagpoles as permitted in this chapter; and
(b) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.
(4) Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;
(5) Storm shelter proposed to be located in the front yard setback area:
(a) Must be inground shelter with maximum two feet of height above ground; and
(b) Applicant must show there is no reasonable access to a rear or side yard area.
(6) Accessory and non-accessory signs, subject to all city sign regulations.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Private club which includes a country club and golf course;
(2) Day care center;
(3) Group home;
(4) Nursing home or assisted living facility;
(5) Perimeter wall or fence which exceeds the height permitted by city regulations;
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require-ments should conform to all platted setback and building lines if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed or easement, which has been approved by the city and filed of record with the County Clerk. Easements or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback:
(a) Main building, with city fire hydrant within 700 feet of the main building:
1. Interior lot line: five feet; and
2. Corner lot line abutting a street: 20 feet from property line, property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Main building without the above access to fire protection:
1. Interior lot line: 25 feet; and
2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.
(c) Accessory building less than 14 feet in height: same as main building; and
(d) Accessory building 14 feet or more in height: same as main building, plus one foot for each full foot of additional building height greater than 14 feet.
(5) Rear yard setback:
(a) Main building: 20 feet from the rear property line;
(b) Accessory building less than 14 feet in height: five feet from the rear property line if no easement exists there, or one foot from the drainage or utility easement;
(c) Accessory building 14 feet or more in height: five feet from the rear property line if no easement exists there, or one foot from the utility easement, plus one foot for each full foot of additional building height greater than 14 feet; and
(d) Where an alley abuts the rear lot line, the accessory building setback may be reduced to a minimum of three feet.
(6) Minimum lot area, net:
(a) Single-family dwelling: 7,200 square feet;
(b) Two-family dwelling: 8,000 square feet; and
(c) Three or more units: 2,500 square feet per unit.
(7) Minimum lot width, exclusive of street easements or right-of-way: 50 feet, single-family; 60 feet all others.
(8) Coverage: maximum size and bulk of all permitted structures shall be based on the following criteria:
(a) Main, secondary and accessory buildings shall cover no more than 80% of the lot area within the platted or city-required setback lines, whichever setback is greater; plus
(b) Accessory buildings shall cover no more than 20% of the rear yard; and
(c) Inground storm cellars and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
(9) Maximum building height: 45 feet.
(10) Double-frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however that platted building lines shall take precedence if greater than the requirements of this district.
(11) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(12) Landscaping: at least 5% of the land area of permitted non-residential uses shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(2002 Code, § 154.032) (Ord. 486, passed 5-12-2003; Ord. 931, passed 12-12-2022)
(A) General description.
(1) This district is intended to provide a location for manufactured homes in a neighborhood setting that provides for a unified development of similar types of structures. The principal use is the single-family residence; and provision is made for related recreational, religious and educational facilities that are normally required to provide the basic elements of a balanced and attractive residential area. Developments in this district share the protections of the estate lot single-family residential district. This is, therefore, a restrictive residential district.
(2) This district supersedes part of the former “R-6” Single-Family Residential District. All properties formerly classified “R-6” on the Official Zoning Districts Map shall henceforth be classified “R-MH-1” or “R-MH-2”, based on size of lots and current use, and be subject to the following district regulations.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all development regulations of this section:
(1) Manufactured home;
(2) Single-family dwelling;
(3) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(4) Property owners’ association green space, meeting or recreation facility;
(5) Elementary or secondary school, no residential facilities included;
(6) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
(7) Day care home;
(8) Home occupation; and
(9) Residential sales.
(C) Conditional uses.
(1) Day care center when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;
(2) Raising of horses, cattle, sheep and goats in accordance with city ordinances related to type, number and housing; plus the following regulations:
(a) Horses: 80,000 square feet per horse, provided that on a tract of five gross acres or more this number may be reduced to 70,000 square feet;
(b) Calf: 40,000 square feet per calf;
(c) Sheep or goat: 20,000 square feet per animal; and
(d) All structures and buildings, excluding fences, used for the care and protection of permitted horses shall be located not closer than 20 feet to a side or rear lot line.
(3) Secondary buildings, subject to the following:
(a) A detached garage which exceeds a 1,000 square foot building footprint or a 25-foot building height shall be considered a secondary building for setback and coverage purposes; and
(b) Secondary buildings related to a single-family residential use shall be located in the rear yard behind the main building and behind the side yard setback line required for the main building.
(4) Accessory buildings and structures, subject to the following specific requirements and all other city regulations:
(a) No accessory structure shall be located in front or at the side of the main building, except fences, walls and flag poles as permitted in this chapter;
(b) Maximum size of accessory building or buildings per lot in this district is 1,500 square feet for each 80,000 square feet or portion thereof; and
(c) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.
(5) Storm shelter proposed to be located in the front yard setback area:
(a) Must be inground shelter with maximum two feet of height above ground; and
(b) Applicant must show there is no reasonable access to a rear or side yard area.
(6) Accessory and non-accessory signs, subject to all city sign regulations.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Private club which includes a country club and golf course;
(2) Perimeter wall or fence that exceeds the height permitted by city regulations;
(3) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;
(5) Storm cellar proposed to be located in the front yard setback area:
(a) Must be inground shelter with maximum two feet of height above ground; and
(b) Applicant must show there is no reasonable access to, or space in, a rear or side yard area.
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to Ch. 151 of this code of ordinances and the following standards. Building setback and coverage requirements should conform to all platted setback and building lines if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed or easement, which has been approved by the city and filed of record with the County Clerk. Easements or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.
(3) Front yard setback:
(a) State highways: 35 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 35 feet from the front property line, or 75 feet from the centerline of an abutting section line road or arterial street, whichever is greater; and
(c) Other streets: 35 feet or 60 feet from the centerline of an abutting street.
(4) Side yard setback:
(a) Main building, with city fire hydrant within 700 feet of the main building:
1. Interior lot line: ten feet; and
2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.
(b) Main building without the above access to fire protection:
1. Interior lot line: 25 feet; and
2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.
(c) Accessory building less than 14 feet in height: 15 feet; and
(d) Accessory building 14 feet or more in height: 15 feet, plus one foot for each full foot of additional building height greater than 14 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Accessory building less than 14 feet in height: 15 feet; and
(c) Accessory building 14 feet or more in height: 15 feet, plus one foot for each full foot of additional building height greater than 14 feet.
(6) Minimum lot area, net: 43,560 square feet per manufactured home.
(7) Minimum lot width, exclusive of street easements or right-of-way:
(a) One hundred feet at front property line; and
(b) One hundred twenty feet at front building line.
(8) Coverage: maximum size and bulk of all permitted structures shall be based on the following criteria:
(a) Main, secondary and accessory buildings shall cover no more than 30% of the lot area within the platted or city-required setback lines, whichever setback is greater; plus
(b) Accessory buildings shall cover no more than 20% of the front, side and rear yards; and
(c) Inground storm shelters and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
(9) Maximum building height: 35 feet.
(10) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
(11) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(12) Landscaping: at least 5% of the land area of permitted non-residential uses shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(2002 Code, § 154.033) (Ord. 486, passed 5-12-2003)
(A) General description.
(1) This district provides locations for mobile home parks that, while they are considered a residential environment, are not generally compatible with conventional developments. Mobile home parks are under the ownership of a single entity and provide leased or rented mobile home spaces along with amenities that make the park a desirable place to locate one’s residence.
(2) This district supersedes part of the former “R-6” Mobile Home Residential District. All properties formerly classified “R-6” on the Official Zoning Districts Map shall henceforth be classified “R-MH-1” or “R-MH-2” based on size of lots and their current use and be subject to the following district regulations.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all development regulations of this section:
(1) Mobile home park, including office and service facilities for residents;
(2) Mobile home or manufactured home;
(3) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(4) Property owners’ association green space or recreation area;
(5) Elementary or secondary school;
(6) Day care home;
(7) Home occupation; and
(8) Residential sales.
(C) Conditional uses.
(1) Secondary buildings, subject to the following:
(a) A detached garage which exceeds a 1,000 square foot building footprint or a 25-foot building height shall be considered a secondary building for setback and coverage purposes; and
(b) Secondary buildings related to a single-family residential use shall be located in the rear yard behind the main building and behind the side yard setback line required for the main building.
(2) Accessory buildings and structures, subject to the following specific requirements and all other city regulations:
(a) No accessory structure shall be located in front or to the side of the main building, except fences, walls and flag poles as permitted in this chapter; and
(b) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.
(3) Accessory signs, subject to all city sign regulations.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Private club which includes a country club and golf course;
(2) Travel trailer park;
(3) Day care center;
(4) Perimeter wall or fence which exceeds the height permitted by city regulations; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to Ch. 151 of this code of ordinances and the following standards. Building setback and coverage requirements should conform to all platted setback and building lines if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed or easement, which has been approved by the city and filed of record with the County Clerk.
(3) Front yard setback, the entire mobile home park:
(a) Thirty-five feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 35 feet from the front property line, or 75 feet from the centerline of an abutting section line road or arterial street, whichever is greater; and
(c) Other streets: 25 feet or 50 feet from the centerline of an abutting street.
(4) Side yard setback: All structures and mobile homes:
(a) Main building, with city fire hydrant within 700 feet of the main building:
1. Interior lot line, including pad separation: five feet; and
2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.
(b) Main building without the above access to fire protection:
1. Interior lot line, including pad separation: 25 feet; and
2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.
(c) Accessory building less than 14 feet in height: 15 feet; and
(d) Accessory building 14 feet or more in height: 15 feet, plus one foot for each full foot of additional building height greater than 14 feet.
(5) Rear yard setback:
(a) All homes and permanent buildings except certain accessory buildings as described herein: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Section line road: 35 feet from the front property line, or 75 feet from the centerline of an abutting section line road or arterial street, whichever is greater;
(c) Other streets: 35 feet or 60 feet from the centerline of an abutting street;
(d) Accessory building less than 14 feet in height 15 feet; and
(e) Accessory building 14 feet or more in height: 15 feet, plus one foot of additional building setback for each full foot of additional building height greater than 15 feet.
(6) Minimum lot area: total park site: five acres gross.
(7) Gross density: ten units per acre.
(8) Minimum mobile home space size: 3,500 square feet.
(9) Minimum mobile home park lot width: 50 feet at point of access from the mobile home park to a street.
(10) Minimum mobile home space requirements:
(a) Length: adequate to achieve minimum required mobile home space size based on width and square footage requirements; and
(b) Width: 30 feet where pad is closest to park drive.
(11) Coverage: maximum size and bulk of all permitted structures shall be based on the following criteria:
(a) Coverage: main, secondary and accessory buildings shall cover no more than 75% of the of area within the platted or city-required setback lines, whichever setback is greater; plus
(b) Accessory buildings shall cover no more than 20% of the front, side and rear yard; Inground storm shelters and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
(12) Maximum building height: 35 feet.
(13) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
(14) Screening required: perimeter fences or walls shall be required to provide sight-proof screening in conformance with all provisions of this code of ordinances; provided, however, that, all boundary lines of the mobile home park shall have a sight-proof fence or screen conforming to city codes and regulations. The screen abutting a section line road or highway shall conform to the front yard setback requirements for buildings.
(15) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(2002 Code, § 154.034) (Ord. 486, passed 5-12-2003)
COMMERCIAL ZONING DISTRICTS
(A) General description.
(1) This district is intended to provide a location for those administrative and professional offices which can occupy smaller structures in a landscaped setting. This type of development serves as a buffer between more intense retail and office commercial uses and established residential neighborhoods. Emphasis is placed on smaller individual freestanding buildings, landscaping, setbacks, sign control and restricted building height in order to promote maximum esthetic considerations in establishing protection for nearby residences.
(2) This is a new zoning district classification effective 5-12-2003.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all regulations of this section:
(1) Office building in which no activity is carried on that caters to retail trade with the general public and no stock of goods is maintained for sale to customers. Permitted uses shall include, but not necessarily be limited to, the activities of a doctor, dentist, lawyer, architect, consulting engineer, broker, photographic or music studio, insurance or accountant; provided, however, that, this shall in no way be construed as permitting funeral homes or beauty or barber shops;
(2) Automobile parking lot related to an office or retail commercial use;
(3) Property owners’ association green space, meeting or recreation facility;
(4) Carports. Permitted in the rear yard subject to existing easements;
(5) Accessory buildings, structures and uses customarily incidental to the uses permitted in this section and located on the same lot;
(6) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(7) Accessory and non-accessory signs, subject to all city sign regulations; and
(8) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements.
(C) Conditional uses. None authorized.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Day care center, subject to size and design of improvements being adequate to mitigate any impacts of the activity on adjacent residential uses;
(2) Nationally recognized lodge halls, fraternal organizations and veterans’ organizations; provided, however, that, any club organized primarily for the purpose of dispensing or consuming alcoholic beverages shall not be permitted;
(3) Public or private school, including classrooms, administration, maintenance, storage and school vehicle parking, but not including dormitory facilities;
(4) Dance or music studio, but not an adult-oriented dance club;
(5) Fitness center or health club, all indoor activities; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter, provided that in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet, provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet of 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a rear yard setback of 25 feet.
(6) Minimum lot size, there is no minimum size provided access, yard/setback and parking requirements can be met.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “conditional use” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the front yard setback requirement shall be applied to both frontages.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, all lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.040) (Ord. 486, passed 5-12-2003; Ord. 697, passed 7-8-2013)
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