11-2-6: MXD MIXED USE DISTRICT - SALES AND SERVICE, R-2 RESIDENTIAL:
The intent of the mixed use district is to provide a location where commercial sales and service or residential uses are permitted outright. In order to promote compatibility among the mixed uses required off street parking and development standards will protect the public's interest while providing sound development.
All commercial business activity in connection with a use permitted outright, other than off street parking or off street loading, shall be wholly within an enclosed building.
   A.   Permitted Principal Uses And Structures: The following uses, structures and accessory uses are permitted outright subject to the adopted international codes. All other uses, structures and accessory uses not listed are strictly prohibited unless a special use permit has been issued.
      Appliance sales and service.
      Automobile dealers/parts and repair.
      Bakers.
      Banks.
      Beauty parlors and barbershops.
      Boat storage and sales.
      Bowling lane.
      Building and mechanical materials.
      Carpeting.
      Churches.
      Clinics.
      Clothing.
      Contractors (building, electrical, mechanical and plumbing).
      Copy services.
      Crafts.
      Dance aerobics.
      Daycare facilities.
      Dry cleaning and laundry.
      Elderly care facility.
      Feed dealers.
      Gift shops.
      Glass - auto/plate/windows.
      Government agencies.
      Grocery stores.
      Guide shops.
      Hardware stores.
      Hotels.
      Jewelers.
      Landscape contractors and nurseries.
      Lawn equipment.
      Libraries, civic groups and community center.
      Mortuaries.
      Motels.
      Music stores.
      Newspaper.
      Office buildings.
      Parks and recreation.
      Pawnbrokers.
      Pet shops.
      Pharmacies.
      Photography shops.
      Printers.
      Professional services.
      Radio stations.
      Real estate agencies.
      Restaurants.
      Service stations.
      Single-family dwellings.
      Small engine sales and repair.
      Sporting goods.
      Taverns.
      Theaters.
      Thrift shops.
      Tire sales/repair/rental.
      Truck sales/repair/rental.
      Utility companies.
   B.   Special Uses:
      Daycare facilities within a residential dwelling (5 or more children).
      Mixed uses on the same lot or within the same structure.
      Multiple-family dwellings.
      Other uses not specifically listed in subsection A of this section shall be evaluated by the zoning official for compatible use. If found incompatible the use shall be referred to the planning and zoning commission and the city council as a special use request.
   C.   Bulk Requirements:
      1.   Residential Uses: Residential uses are subject to section 11-2-4 of this chapter.
      2.   Front Setback: Ten feet (10').
      3.   Rear Area: There shall be a rear area of not less than three feet (3') in depth, any part of which may be used for off street parking; provided, however, that construction may be permitted on the property line if an acceptable access for maintenance agreement has been recorded with the Clearwater County recorder. The three foot (3') dimension shall be measured from the drip line of the structure.
      4.   Side Setback: There shall be a side setback on each side of the building of not less than three feet (3') measured from the drip line of the structure.
      5.   Lot Area: The minimum lot size shall be six thousand (6,000) square feet. Residential uses are subject to section 11-2-4 of this chapter.
Business activity shall be allowed on existing lots of a minimum four thousand eight hundred (4,800) square feet providing parking requirements have been met.
      6.   Fence Permits Required: Residential fences are subject to section 11-2-4 of this chapter.
   D.   Off Street Parking Requirements: Off street parking shall be required, together with the following: Residential uses are subject to section 11-2-4 of this chapter.
      1.   Taverns shall be provided with one off street parking space for each seventy five (75) square feet of floor space, or for each five (5) seats.
      2.   Service stations shall be provided with a minimum of four (4) off street parking spaces, and one additional space for each vehicular greasing facility.
      3.   All the business establishments shall be provided with one off street parking space for each two hundred (200) square feet of office space. Accessory and secondary buildings may not require additional parking requirements.
      4.   Adequate parking shall be provided for all other businesses and occupancies based on lot size and occupancy rating from the international building code.
   E.   Home Businesses: Businesses in homes which have not been changed to commercial setbacks and exterior frontage can convert back to a residence.
   F.   Restrictions:
      1.   Signs: No permitted sign shall exceed one hundred (100) square feet in size. Signs in excess of one hundred (100) square feet shall first receive approval of the city council through a special use permit.
      2.   Fences: Barbed wire may be affixed to the top of a fence when required for security purposes. All portions of such wire shall be installed at a minimum of eight feet (8') above ground level.
   G.   Development:
      1.   Equipment Location: Heating, ventilating, air conditioning units, air compressors and similar mechanical equipment installed after the effective date hereof shall be located and directed away from adjacent residential uses.
      2.   Screening: Adequate screening shall be required for new commercial use established next to existing residential uses. (Ord. 787, 3-8-2016; amd. Ord. 807, 11-12-2019; Ord. 813, 5-25-2021)