[Ord. No. 88-12 §5, 7-19-1988; Ord. No. 99-19 §3, 7-6-1999; Ord. No. 08-03 §1, 1-8-2008]
A. 
Purpose. The "R-1" Residential District is intended to provide suitable areas within the community for resident dwellings which relate to the City land use plan and where municipal utilities and services may be maintained at reasonable cost.
B. 
Permitted Uses. Within an "R-1" District, the following uses are allowed in order to provide for an area of lower density residential development:
1. 
One- and two-family detached dwellings; seasonal homes, modular, and prefabricated housing, where properly serviced and of suitable appearance which is in harmony with adjacent residential development.
2. 
Parks and recreational areas owned or operated by governmental agencies.
3. 
Public elementary or high schools, or private schools with an equivalent curriculum.
4. 
Churches, parish homes, convents, children's nurseries and schools, provided that no building shall be located within fifty (50) feet of any abutting lot in any residential district.
5. 
Plant nurseries and greenhouses, vegetable gardening; but not involving a sales structure.
6. 
Home occupations, as defined in Section 400.030 and offices of professional persons when such use does not exceed one-third (1/3) of the main floor space of a dwelling, and does not employ any persons not residing on the premises.
7. 
Public swimming pools, private recreational clubs, tennis courts, except those operated for commercial purposes.
8. 
Modular homes.
C. 
Uses Permitted By Special Use Permit. Uses authorized upon the issuance of a special use permit include the following:
1. 
Municipal administration buildings, Police and fire stations, libraries, museums, post offices, and other municipal service buildings except those customarily considered industrial in use, providing that no building shall be located within fifty (50) feet of any lot in a residential district.
2. 
Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures.
3. 
Clubhouse, commercial country club, commercial swimming pool, private swimming pool serving more than one (1) family, provided that no such principal structure shall be located within fifty (50) feet of any lot in a residential district.
4. 
Cluster single-family housing, detached, when keyed to topographic considerations or unique design proposals, subject to a minimum tract area of three (3) acres under single or unified ownership. Overall density shall not exceed six (6) dwelling units per acre (based on gross acreage) and be permitted only subject to approval of an overall development plan for the tract by the Planning Commission.
In no case shall the Planning Commission authorize a use prohibited in the district in which the housing project is to be located.
5. 
Hospitals, nursing homes and elderly housing projects, providing that no principal or accessory structure shall be located within fifty (50) feet of any lot in a residential district.
6. 
Buildings otherwise considered accessory use, but on a tract of land not contiguous with a principal permitted use, such as garages or storage buildings for personal use.
D. 
Requirements. The following requirements shall be observed:
1. 
Maximum building height. Thirty-five (35) feet except as authorized by the Planning Commission, who will review each application whose height exceeds thirty-five (35) feet and two and one-half (2½) stories.
2. 
Minimum lot area. Seven thousand five hundred (7500) square feet.
3. 
Minimum lot frontage. The minimum lot frontage at the building line shall be sixty-six (66) feet.
4. 
Minimum floor area. The minimum floor area shall be:
Three or more bedrooms
1,000 square feet
Two bedrooms
850 square feet
One bedroom
650 square feet
5. 
Allowable percentage of lot coverage (all structures). Sixty percent (60%).
6. 
Maximum height of accessory structure. Twenty (20) feet.
7. 
Yards and setback requirements (minimums).
Front Yard
20 feet
Rear Yard
7 feet
Side Yard
7 feet
Side yard requirements may be waived for zero (0) lot-line structures.
[Ord. No. 88-12 §6, 7-19-1988; Ord. No. 99-19 §4, 7-6-1999; Ord. No. 00-04 §2, 2-15-2000]
A. 
Purpose. The "R-2" Multiple Dwelling Residence District is intended to provide areas suitable for the location of apartment buildings, row housing, commercial recreation lodging structures and the like, which maintain density and space standards that will ensure a wholesome living environment and which effectively relate to the comprehensive plan for community development.
B. 
Permitted Or Allowable Uses.
1. 
Uses permitted in the "R-1" District except if special use permit is required, then special use permit is required in "R-2" District.
2. 
Apartment buildings and multiple dwelling structures housing from three (3) to twelve (12) units.
3. 
Attached row housing and townhouse development.
4. 
Churches, schools, hospitals, nursing homes and convalescent homes or housing for the elderly, provided that no building shall be located within fifty (50) feet of an abutting single-family lot boundary within any residence district.
5. 
Boarding homes or rental of rooms for from three (3) to twelve (12) persons on a premises.
6. 
Zero (0) lot-line structures designed as duplexes or two-family units.
C. 
Uses Permitted By Special Use Permit. Uses authorized upon the issuance of a special use permit include the following:
1. 
Multiple-dwelling structures containing more than twelve (12) units.
2. 
Home occupations.
3. 
Municipal administration buildings and structures, Police and fire stations, public service establishments (non-profit) and essential public utility and service structure.
4. 
Mortuaries or funeral homes.
5. 
Offices for administrative, executive, professional or research organizations having only limited contact with the general public provided that no merchandise or merchandising services are sold on the premises except such as are incidental or accessory to the principal use.
6. 
Clubs, lodges or fraternal organization centers, non-profit only, provided that no business activity carried on as a service to the public, shall be permitted.
7. 
Kennels.
D. 
Requirements. The following requirements shall be observed:
1. 
Maximum building height. Two and one-half (2½) stories or thirty-five (35) feet for principal structures, fifteen (15) feet for accessory structures.
2. 
Minimum lot area. Six thousand (6,000) square feet.
3. 
Minimum lot frontage. Sixty-six (66) feet.
4. 
Maximum lot coverage (all buildings or structures). Fifty percent (50%).
5. 
Minimum floor area. The minimum floor areas for single-family and duplex dwellings shall be:
Three or more bedrooms
1,000 square feet
Two bedrooms
850 square feet
One bedroom
650 square feet
Floor areas for other building types or for larger scale dwelling complexes shall be subject to review by the Planning Commission, who shall send recommendations to the Board of Aldermen prior to approval of a building permit.
6. 
Yard requirements.
Front Yard
25 feet
Rear Yard
10 feet
Side Yard
8 feet
Side yard requirements may be waived by the Board of Aldermen for zero (0) lot-line dwellings or other approved structures. Accessory buildings shall have a five (5) foot setback side and rear.
[Ord. No. 88-12 §7, 7-19-1988; Ord. No. 03-23 §1, 9-2-2003]
A. 
Purpose. This "R-3" District is intended to promote the health and safety of the citizens of the City of Albany by regulating the establishment and operation of mobile home parks within Albany in furtherance of Chapter 700, RSMo. "Mobile homes" are further defined therein as ". . . a factory- built structure or structures more than eight (8) feet in width, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner."
B. 
Principal Permitted Uses. This district permits the establishment of mobile home parks or courts which shall consist of five (5) or more such homes on a contiguous block, parcel or tract of land. A mobile home park may be established in Albany provided:
1. 
That access to the mobile home parks or subdivision shall be from an arterial highway or secondary thoroughfare; that number and location and access drives shall be controlled for traffic, safety and protection of surrounding properties; that no mobile home space shall be designed for direct access to a street outside the boundaries of the mobile home park, and that interior access drives shall have at least a forty (40) foot right-of-way and shall be surfaced with a durable, improved surface at least twenty (20) feet in width as approved by the City.
2. 
The minimum width and/or depth of the mobile home park or subdivision shall be three hundred (300) feet and minimum total area shall be three (3) acres. A certificate of occupancy shall not be issued until the first (1st) five (5) spaces are developed and available for occupancy.
3. 
A mobile home park shall contain at least one thousand (1,000) square feet per mobile home for community facilities, including play space, utility room parking and access roads.
4. 
A mobile home park shall be surrounded by a landscaped strip of open space twenty-five (25) feet along the street frontage with an arterial highway and twenty-five (25) feet wide along all other lot lines or street frontage. The twenty-five (25) foot distance shall be measured in addition to the plotted lot.
5. 
The minimum lot area for each mobile home site shall be not less than five thousand (5,000) square feet; the minimum dimensions shall be fifty (50) feet by one hundred (100) feet with corners of each site or lot visibly marked by a permanent marker.
6. 
Side to side spacing between mobile homes shall be at least twenty-eight (28) feet. Back to back spacing shall be at least fifteen (15) feet, and no part of a mobile home shall extend closer than five (5) feet to the boundaries of the next individual mobile home site lot line. The distance between any mobile home and any building shall be at least twenty (20) feet.
7. 
Off-street parking spaces in mobile home parks for automobiles shall be provided in the ratio of one (1) space per mobile home in locations convenient to individual mobile homes or groups of mobile homes. Parking spaces provided shall be situated so as to be at least ten (10) feet from the nearest mobile home on the next adjoining lot. At least one (1) parking space of two hundred (200) square feet shall be provided.
8. 
Proper provision shall be made for public water supply, sanitary sewers, electricity, fire protection, refuse collection and snow removal.
9. 
No lots within a mobile home park shall be sold and no plat shall be approved converting a mobile home park into a trailer or mobile home subdivision.
10. 
Each mobile home shall be solidly tied down to prevent damage from high winds.
11. 
Each mobile home within any mobile home park is to be completely skirted around the bottom with a suitable material such as aluminum, plywood properly painted or masonite properly painted. Such skirting is to be neat in appearance from all exterior points of view.
12. 
Refuse and garbage shall be stored in containers specified by the City of Albany.
13. 
All domestic animals will be kept in compliance with regulations and Chapters specified by the City of Albany.
14. 
The term "operator", as used in this Section, is construed to include the following: persons, partnerships, firms, companies, corporations, tenants, owners, lessee, licensee, agents, heirs or assigns.
15. 
All lots shall be seeded or sodded in the area not occupied by a mobile home or parking space.
16. 
Suitable lighting shall be provided during hours of darkness for walks and drives.
17. 
Each site shall be provided with a paved or graveled area measuring at least twenty (20) feet by twenty (20) feet.
C. 
Other General Requirements. All mobile home parks or courts hereafter located, relocated or enlarged shall be in conformance with the provisions of this Chapter and Chapter 700, RSMo., and all amendments and additions thereto.
1. 
Mobile home parks or courts shall be developed only through the process of applying for a zone district amendment and a special use permit by the Albany Board of Aldermen, subject to initial review by the City Planning Commission.
2. 
Individual mobile homes (not located in a "R-3" District — mobile home park or court) shall be prohibited from all other zone districts.
3. 
Mobile homes shall not be permitted in mobile home parks or courts that:
a. 
Do not conform to Chapter 700, RSMo.
b. 
Are, in the opinion of the Codes Enforcement Officer, in an unsanitary condition or are structurally unsound.
D. 
Special Use Permit. An application for creation of an "R-3" Zone District shall be accompanied by a special use permit application. No person shall establish, operate or maintain a mobile home park in the City of Albany until the Board of Aldermen shall have approved a special use permit containing the following information:
1. 
A plat showing individual sites.
2. 
Proposed setback lines.
3. 
Street layout.
4. 
Landscaping.
5. 
Utility services including water, sanitary sewer, storm drains, lighting and electrical systems, and acquired or proposed easements.
E. 
Other Uses Permitted By Special Use Permit.
1. 
The Board of Aldermen may, upon their discretion, issue a special use permit for any activity allowed in "R-1" Low Density Residential District and "R-2" Multiple Dwelling Residential District. Permitting for those activities will be conditioned on specific circumstances relative to each petition.
2. 
The Board of Aldermen may, upon their discretion, issue a special use permit to allow the development of a recreational vehicle area within the "R-3" District. Recreational vehicles visiting in the park may stay in the designated recreational vehicle area for no more than sixty (60) days continuously.
[Ord. No. 99-19 §5, 7-6-1999; Ord. No. 08-03 §2, 1-8-2008]
A. 
Purpose. The "R-4" District is intended to recognize the use of mobile, modular or manufactured homes, properly planned, to provide important opportunities for affordable housing and create quality residential neighborhoods.
B. 
Permitted Uses. Within an "R-4" District, unless elsewhere restricted or prohibited by this Chapter, the following uses are permitted as well as uses closely related to principal permitted uses:
1. 
Uses permitted in "R-1" and "R-2" Districts except if special use permit is required, then special use permit is required in "R-4" District.
2. 
Single-family homes, including mobile, modular or manufactured homes as defined in this Section and in Chapter 700, RSMo. "Manufactured homes" are further defined as a factory built structure or structures more than eight (8) feet in width, equipped with the necessary service connections and made so as to be readily moveable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation.
C. 
Uses Permitted By Special Use Permit. Uses authorized upon the issuance of a special use permit include the following:
1. 
Municipal buildings and structures of any sort.
2. 
Home occupations.
3. 
Funeral home.
4. 
Cluster, single-family housing.
5. 
Kennels.
D. 
Requirements.
1. 
Maximum building height. Thirty-five (35) feet and two and one-half (2½) stories.
2. 
Minimum lot area. Six thousand (6,000) square feet.
3. 
Minimum lot frontage. Sixty-six (66) feet.
4. 
Minimum floor area. The minimum floor area shall be:
Three or more bedrooms
850 square feet
Two bedrooms
775 square feet
One bedroom
600 square feet
5. 
Allowable percentage of lot coverage (all structures). Fifty percent (50%).
6. 
Maximum height of accessory structure. Twenty (20) feet.
7. 
Yard and setback requirements (minimums).
Front Yard
20 feet
Rear Yard
10 feet
Side Yard
10 feet
8. 
Anchors. Mobile, modular or manufactured homes must be anchored according to standards established in Chapter 700, RSMo.
[Ord. No. 88-12 §8, 7-19-1988]
A. 
Purpose. The "C-1" General Commercial District is designed to provide a compact shopping area for the location of offices and retail stores necessary for servicing the community and surrounding areas; which is closely aligned with the approved comprehensive development plan for the City; and which maintains a mutually compatible relationship with the various types of uses.
B. 
Principal Permitted Uses. Within a "C-1" District, unless elsewhere restricted or prohibited by this Chapter, the following uses are permitted, as well as uses closely related to principal permitted uses.
1. 
Amusement and recreation establishments such as indoor theaters, swimming pools, skating rinks, billiard halls, bowling alleys, and similar commercial recreation facilities.
2. 
Animal hospitals and clinics where there are no open kennels or yards.
3. 
Automobile dealers, new and used car lots, boat, recreational vehicle display lots and structures.
4. 
Appliance stores and shops for repair and servicing of electrical, radio and television appliances, bicycles and similar articles.
5. 
Art studios, art galleries, sales and supplies, commercial printing and publishing.
6. 
Bakeries, provided the room or rooms containing the preparation and baking process shall not have a gross floor area in excess of two thousand four hundred (2,400) square feet.
7. 
Bank, savings institutions, offices and studios.
8. 
Barber and beauty parlors and other personal service shops.
9. 
Parking lots and storage garages.
10. 
Theaters.
11. 
Camera and photo stores and photography studios.
12. 
Other shops for sale of goods and products at retail, including gasoline service stations.
13. 
Heating, plumbing, sheet metal and electrical shops.
14. 
Farm implement sales and repair shops.
15. 
Clothing stores, including pressing and tailoring shops.
16. 
Club and lodge halls, restaurants, cafes and soda fountains.
17. 
Hotels and motels, providing off-street parking is provided.
18. 
Wholesale business and storage warehouse.
C. 
Special Uses Allowed. The following uses are permitted through the granting of a special use permit, provided that no such use results in undesirable noise, odor, dust or vibration levels:
1. 
Dairy products manufacturing.
2. 
Commercial bakeries in excess of two thousand four hundred (2,400) square feet.
3. 
Cleaning, dyeing and laundry works.
4. 
Food and fiber products manufacturing.
5. 
Sign painting shops.
6. 
Truck terminals, trailer, and truck services.
7. 
Other uses similar to the above in accordance with requirements specified by the Planning Commission.
8. 
Individual or group housing units.
D. 
Accessory Uses. Accessory uses are permitted in this "C-1" General Commercial District that conform to the criteria listed below:
1. 
Accessory uses shall be related to and customarily incidental to the uses listed in Subsections (B) or (C) of this Section.
2. 
Off-street parking and loading regulations are governed by Article IV of this Chapter.
E. 
Additional Requirements. The following requirements shall be observed:
1. 
Business in enclosed buildings. All businesses, services, or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such outdoor display and storage of materials and equipment as may be authorized by the Planning Commission. Automotive sales and related sales of trucks and self-propelled vehicles may be conducted from within the confines of an open sales lot, however.
2. 
Maximum building height. No principal structure shall exceed three (3) stories or forty (40) feet in height.
3. 
Yard setbacks. Front, rear, and side yard requirements shall be:
Front Yard Setbacks
12 feet
Rear Yard Setbacks
8 feet
4. 
Lighting (glare) shall be directed away from public rights of way and residential districts, except for that minimal lighting necessary for security reasons.
5. 
All signs, canopies, awnings, and/or marquees suspended from a building and buildings must be securely anchored so as to withstand the forces of the elements and to protect the public safety.
6. 
Screening. All principal and accessory uses, except business signs, which are situated within fifty (50) feet of a residential district, shall be screened from such district by a wall or fence of not less than ninety percent (90%) opacity and not less than five (5) nor more than seven (7) feet in height above the level of the residential district property at the district boundary. Walls or fences of lower heights or planting screens may be allowed by the Planning Commission if a lesser degree of screening will adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or if there is a finding that a screening of the type required by this Section would interfere with the provisions of adequate amounts of light, vision clearance, and air to same said properties. Loading docks in this "C-1" General Commercial District shall be screened so as not to be visible from any public street right of way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
7. 
Landscaping: All exposed ground areas surrounding or within a principal or accessory use including street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise.
[Ord. No. 88-12 §9, 7-19-1988; Ord. No. 92-2 §1, 1-7-1992; Ord. No. 96-15 §1, 8-28-1996]
A. 
Purpose. The "C-2" Highway Service Commercial District is intended to provide for the general commercial needs of the highway travelling public, and to allow for businesses desiring to serve customers through vehicle access (rather than general pedestrian access).
B. 
Principal Permitted Uses. These land uses listed below are examples of principal permitted uses intended for this "C-2" District. All uses must be of a type identical with or closely related to the following:
1. 
Commercial retail and service establishments including but not limited to: general merchandise, motor vehicles, farm machinery, apparel, furniture, hardware, food eating, drinking, lodging, personal and professional services, entertainment and recreation facilities and services, finance, insurance and real estate services.
2. 
Wholesale and warehousing operations such as: food products, automotive parts, electrical equipment, hardware and feeds.
3. 
Commercial recreation and entertainment facilities such as swimming pools, skating facilities, golf driving ranges, miniature gold courses, drive-in theaters, and related uses.
4. 
Other uses, similar to those listed above, which clearly reflect the purpose and intent of the "C-2" Commercial Zone District.
C. 
Special Uses Through Permit. Uses which may be permitted through the granting of a Special Use Permit include, but not limited to, the following:
1. 
Public and semi-public uses including: public and private schools, churches, community buildings, public parks and recreation areas, hospitals, rest homes, fire and police stations, public maintenance repair or storage buildings.
2. 
Utility corridors and necessary related facilities including but not limited to transmission towers and lines, microwave relay towers, substations and pipelines.
3. 
Necessary facilities for production of electric power including but not limited to dams, reservoirs, and power plants.
4. 
Transportation terminals.
5. 
Sewage lift stations or other municipal maintenance or utility structures.
6. 
Apartment buildings and multiple dwelling structures housing from three (3) to twelve (12) units.
7. 
Recycling operations which collect Group 1 and Group 2 recyclables as defined in Section 245.010 of this Code and also brass, copper and aluminum scrap metals in disassembled form, and not as a part of any larger appliance, machine, motor vehicle, auto body or the like to be salvaged on premises. All such recycling operations must be licensed under Chapter 245 of this Code as a solid waste collector and all solid waste shall be collected, transported and disposed of pursuant to Chapter 245.
D. 
Requirements. The following requirements shall be observed:
1. 
Maximum building height. Three (3) stories or forty (40) feet in height.
2. 
Minimum lot area requirement. One-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet).
3. 
Minimum lot frontage. One hundred (100) feet.
4. 
Maximum lot coverage allowed. Including all structures and plus parking areas, loading areas, and similarly altered ground surfaces: Seventy-five percent (75%).
5. 
Lot line setbacks. All structures on commercially zoned property adjacent to a residential or "M" Zone District must be setback a minimum of fifty (50) feet from side and rear lot lines, regardless of provisions listed below, or must be screened in a manner which will provide an effective buffer between the districts, such screening to be approved by the Planning Commission.
Front Yard Setback
25 feet (all structures)
Rear Yard Setback
20 feet
Side Yard Setback
5 feet
6. 
Road setback. Forty-five (45) feet from centerline of driving surface or thirty-five (35) feet from right of way line, whichever is greater. This requirement applies primarily to the extension of frontage roads or service/access roads to highway-oriented business establishments.
[Ord. No. 88-12 §10, 7-19-1988; Ord. No. 90-19 §1, 12-18-1990; Ord. No. 92-29 §1, 10-20-1992; Ord. No. 96-19 §1, 9-23-1996; Ord. No. 00-04 §1, 2-15-2000; Ord. No. 03-26 §1, 9-2-2003]
A. 
Purpose. It is the purpose of the "M-1" Manufacturing District to create industrial areas that will be acceptable within the City and will not adversely affect adjacent business or residential neighborhoods. Manufacturing establishments should not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences other than the minimum amount normally resulting from that type of use provided that they be minimized or eliminated by engineering or site design features. In the interest of general health and welfare, residential and certain institutional uses are not permitted within this district.
B. 
Principal Permitted Uses. The general uses related to industrial, warehousing and processing activities are permitted activities. Permitted activities must be evaluated on the basis of the presence of objectionable features or conditions likely to occur as a result of such an activity occurring within an "M-1" Manufacturing District. The following uses are examples of permitted uses.
1. 
Clay, stone and glass products (concrete, pottery, porcelain products).
2. 
Food and beverage. Wholesale bakery products, beverages, creamery and dairy operations, canning of fruits and vegetables, meat and fish products, products processing and packaging (no slaughtering).
3. 
Metals. Vehicle assembly, boat manufacture, metal components (nuts, screws, nails), foundry products, appliances and associated elements, iron and steel fabrication, machinery parts, tools, plumbing supplies, machine shops, locomotive and rail car building and repair.
4. 
Wood and paper products. Printing and publishing.
5. 
Tire retreading and vulcanizing plant.
6. 
Warehouse storage and wholesaling. The storage, handling, assembly and distribution of goods and materials for wholesale or on-site use.
7. 
Grain elevators, lumberyards, light foundry casting.
8. 
Recycling operations which collect Group 1 and Group 2 recyclables as defined in Section 245.010 of this Code and also brass, copper and aluminum scrap metals in disassembled form and not as a part of any larger appliance, machine, motor vehicle, auto body or the like to be salvaged on premises. All such recycling operations must be licensed under Chapter 245 of this Code as a solid waste collector and all solid waste shall be collected, transported and disposed of pursuant to Chapter 245.
9. 
Uses permitted in the "C-2" Highway Service Commercial District except if special use permit is required, then special use permit is required in "M-1" District.
C. 
Special Uses Allowed. The Board of Aldermen shall have the responsibility of issuing special use permits for activities which may pose a problem with respect to noise, pollution, vibration, or due to the injurious nature of a manufacturing activity. All manufacturing activities that the City Health Officer, Codes Enforcement Officer or his designee, or Chief of the Fire Department deem as potentially hazardous to the citizens of Albany shall be required to obtain a special use permit prior to construction. Examples of such manufacturing activities include:
1. 
Cement, concrete, lime, gypsum or plaster of Paris manufacture.
2. 
A facility, including buildings, structures and land, for the residential or outpatient treatment of alcohol and/or other drug abuse may be located as a special use if the facility meets all of the following conditions:
a. 
If a residential facility, not more than six (6) persons residing in the building at one time.
b. 
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.
c. 
A treatment facility shall not be located closer than forty (40) feet to any other substance abuse treatment facility.
3. 
In the "M-1" Manufacturing District, a facility, including buildings, structures and land, for the residential or outpatient treatment of alcohol and/or other drug abuse may be located as a special use if the facility meets all of the following conditions:
a. 
If a residential facility, not more than six (6) persons residing in the building at one time.
b. 
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.
c. 
A treatment facility shall not be located closer than forty (40) feet to any other substance abuse treatment facility.
4. 
Mobile homes as defined in Section 400.030 of this Chapter.
D. 
Requirements. The following general requirements shall be observed:
1. 
Maximum building height. Three (3) stories or thirty-three (33) feet.
2. 
Setbacks required.
Front Yard Setback
35 feet (all structures)
Rear Yard Setback
20 feet (primary structure)
10 feet (accessory structure)
Side Yard Setback
20 feet (primary structure)
10 feet (accessory structure)
3. 
Minimum lot areas. Fifteen thousand (15,000) square feet.
4. 
Minimum lot frontage required. One hundred (100) feet at the building line.
5. 
Allowable percentage of lot coverage. Sixty percent (60%).
E. 
Additional Special Requirements. The Planning Commission may, at its discretion and based upon recommendations from the Codes Enforcement Officer or his designee, City Health Officer, or Chief of the Fire Department, require any or all of the following special measures:
1. 
Landscaping. All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage shall be landscaped with trees, shrubs, or planted ground cover. Such landscaping shall conform with the planting plan approved at the time the building permit was issued. It shall be the owner's responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All adjacent vacant lots, tracts or parcels under the same ownership shall also be properly maintained.
2. 
Screening. All principal, accessory and special uses, except business signs, which are situated within fifty (50) feet of a Residential District shall be screened and buffered from such District by a separation of open space which shall have a minimum depth of thirty (30) feet and shall include a required fence or vegetative screening of not less than ninety percent (90%) opacity and not less than eight (8) feet in height above the level of the Residential District property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the Planning Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will adequately promote and protect the use and enjoyment of the properties within the adjacent Residential District, or there is a finding that a screening of the type required by this Section would interfere with the provisions of adequate amounts of light and air to same said properties. Loading docks in the "M-1" Manufacturing District shall be screened so as not to be visible from any public street right of way within a Residential District. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
3. 
Storage. The storage of combustible or flammable materials will be a minimum of two hundred (200) feet from any Residential District.
[Ord. No. 88-12 §11, 7-19-1988; Ord. No. 03-24 §1, 9-2-2003]
A. 
Purpose. The "P/SP" Public/Semi-Public District is intended to recognize a district which is currently in the public domain and which is the location of actual or planned facilities intended to serve the public; to permit orderly and economic development of public service utilities and schools within such a Public/Semi-Public District.
B. 
Principal Permitted Uses. A building or premises shall be used only for the following purposes:
1. 
Churches and cemeteries, institutions of a religious, philanthropic or charitable nature except penal or correctional institutions.
2. 
Public schools, public parks, playgrounds, community buildings and similar community facilities.
3. 
Public and private forests and wildlife reservations or similar conservation projects.
4. 
Public utility structures and equipment necessary for the operation thereof.
5. 
Non-commercial parks, playgrounds and community buildings owned or operated by public or semi-public agencies.
6. 
Public tennis courts, archery ranges and similar facilities not operated for commercial purposes.
C. 
Special Use Permits Required. Uses authorized upon the issuance of a special use permit including, but not limited to, the following:
1. 
Airport. Public and/or private.
2. 
Campground. Public or private.
3. 
Disposal plant. Sewage disposal plant operated by public utility only.
4. 
Public or private institutions for care of criminal or civil commitments.
5. 
Enclosed storage of non-hazardous materials, equipment and personal property.
D. 
Additional Requirements. The following requirements shall be observed:
1. 
Accessory uses. Uses incidental to and in the same zone district as the principal use are allowed.
2. 
Minimum lot size. Front yards, side yards, rear yards, setbacks: All proposed developments, whether new or amounting to expansions of existing uses, shall be reviewed and approved by the Planning Commission on matters related to lot sizes, setbacks, side yards, etc.
[Ord. No. 88-12 §12, 7-19-1988; Ord. No. 03-25 §1, 9-2-2003]
A. 
Purpose. Agricultural land uses, areas of high water table or subject to periodic flooding, and areas generally unsuited to development due to ecological considerations, distance from public utilities or access roads, or other areas of an undeveloped nature are provided protection from development through the "O" Open Space and "FP" Floodplain Overlay District.
B. 
Principal Permitted Uses. The following open space uses shall be permitted within the "O" District provided that they do not adversely affect the efficiency nor unduly restrict the capacity of channels, floodways, or any tributary to a main stream, drainage ditch or any other drainage facility or system.
1. 
Permanent open space. Including, but not limited to, parks, forests, golf courses and similar uses.
2. 
Agricultural uses.
3. 
Soil and water conservation programs.
4. 
Other uses, similar to those listed above, which clearly reflect the purpose and intent of the Open Space and Floodplain Overlay District.
C. 
Uses Authorized By Special Use Permit. The following uses may be permitted if outside of a designated floodplain but within an "O" District, upon application to the Planning Commission and subsequent approval of a special use permit:
1. 
Single-family dwelling.
2. 
Utility corridors and related facilities including, but not limited to, transmission towers and lines, microwave relay towers, antennae, substations and pipelines, etc.
3. 
Mineral exploration.
4. 
Other uses similar to those listed above.
D. 
Designated Floodplains. Areas designated as floodplain under the Federal Flood Insurance Act, by a registered land surveyor, or by the Planning Commission after a land survey has been completed shall be restricted from development and from construction of structures which are designed for human habitation. All such structures shall have a low flood damage potential and shall not unduly impede the flow of floodwaters. Such floodplains shall be designated on the official Zoning Map as an area clearly distinguishable from surrounding general land areas.
E. 
Requirements. The following requirements shall be observed:
1. 
Minimum lot area. One (1) acre (forty-three thousand five hundred sixty (43,560) square feet).
2. 
Minimum lot width. One hundred (100) feet.
3. 
Maximum lot coverage (including accessory structures). Twenty-five percent (25%).
4. 
Lot line setbacks.
Front Yard Setbacks
50 ft. (all structures)
Rear Yard
25 ft. (all structures)
Side Yard
25 ft.
5. 
Maximum building height. Thirty-five (35) feet or three (3) stories.
6. 
Floodplain areas exempted. Areas designated as floodplain cannot be used in computing yard requirements.