Article V District Use Regulations

Section 405.720 A-1 Agricultural District.

[Ord. No. 5757 § 31-73, 11-16-1981]

Intent And Purpose Of District. It is the intent of the "A-1" Agricultural District to protect agricultural uses in the Planning Area through control of density, land use and land coverage.

District Regulation. In District "A-1", no building or land shall be used and no building or structure altered, enlarged or erected, which is arranged, intended or designed for other than one of the uses listed in Subsection (C) below. All land annexed into the city and not otherwise zoned at the time of annexation shall automatically be zoned A-1.

Use Regulations.

[Ord. No. 6416 § 1, 7-3-1989; Ord. No. 6673 § 1, 1-19-1993]

Agricultural uses, which shall include any use of land for the purpose of growing crops, no use at all — such as land in soil bank, orchards, trees or forest lands and any other use pertaining to farming, agricultural research or any activity normally connected with farming. Such uses shall allow all the types of structures normally associated with these uses, including dwelling units, storage bins, barns, sheds, tool houses, garages, and including relocation of portable buildings without permit, and any other use or facility ancillary to farming or open land. More than one dwelling unit may be on agricultural land or a farm, provided it is for the occupancy and use of people working on the farm. Only by special permit of the Planning and Zoning Commission may more than two (2) dwelling units be on a single farm. The Commission shall issue this permit after a hearing, based upon the compatibility of the proposed dwelling unit with the surrounding area. No trailers, trailer houses or mobile homes will be permitted to be occupied as a dwelling unit in A-1 District.

Public parks, playgrounds, recreation areas and community buildings owned and operated by a public agency.

Churches, synagogues and other similar places of worship.

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

Greenhouses and nurseries.

Public, private, or parochial schools; elementary, junior high, high schools and institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

Public or private residential licensed therapy or psychiatric treatment facilities for disadvantaged youth, together with ancillary education facilities, recreation facilities, medical, therapeutic or psychiatric treatment services offices, business offices, and related structures as are customarily associated with such activities.

Public buildings including libraries and museums.

Stands for the sale, at retail, of agricultural products or commodities raised on the premises.

10.

Accessory buildings and uses customarily incidental to any of the above uses.

11.

Keeping Of Livestock, Poultry Or Other Animals Or Fowl. Animals or fowl shall be kept in accordance with the existing city ordinances of Chapter 205 and any other that shall pertain. However, in annexed land the owner or operator shall be permitted to keep livestock or fowl in those areas in which they were being kept immediately prior to annexation provided that the number being kept shall not be increased in such numbers as to create a public nuisance.

12.

Special Use Permit. The following exceptions may be allowed when submitted, reviewed and approved by the Commission:

[Ord. No. 7980 § 1, 12-6-2010]

Airport or heliport.

Animal hospitals, clinics or kennels.

Cemetery or crematory.

Drive-in theaters.

Isolation homes, penal institutions, sanitariums or asylums for the insane or mentally retarded.

Nursing and care homes subject to inspection and license requirements.

Seasonal or temporary uses such as recreation camp or similar enterprise.

Telephone exchange, electrical substations or similar public utilities.

Any public building erected or land used by any department of the City, County, State or Federal government.

Animal feed lots subject to the license requirements of the State and subject to the following minimum sanitation and odor practices: (The intent is to establish a healthful environment around the feed lot.)

Public buildings including libraries, museums and hospitals.

[Ord. No. 6416, 7-3-1989]

Vehicle parking, not to exceed fifty percent (50%) of the entire tract lying within the City.

Day care centers.

[Ord. No. 8230 § 2, 8-3-2015]

Intensity Of Use Regulations.

Tracts shall be five (5) acres or larger.

Tracts which are smaller than five (5) acres shall be considered as a subdivision and shall be platted in accordance with the subdivision regulations and must be rezoned.

Height Regulations. Except as otherwise provided herein, no building or structure shall exceed the following height restrictions:

When the building or structure is within one hundred fifty (150) feet of a residential district zone, said building or structure shall not exceed thirty-five (35) feet in height.

Yard Regulations.

Front Yard. The front yards in this district shall be a minimum depth of forty (40) feet.

Side Yard. The side yards in this district for every dwelling, except accessory buildings, shall be not less than twenty-five (25) feet.

Rear Yard. The rear yards in this district for every dwelling except accessory buildings, shall be not less than forty (40) feet.

Parking Regulations.

Dwellings. Two (2) off-street parking spaces shall be provided for each dwelling unit.

Schools. Schools shall be provided with off-street parking spaces as follows:

Elementary: two (2) parking spaces for each classroom.

Jr. High Schools: two (2) parking spaces for each classroom.

High School: eight (8) parking spaces for each classroom, plus one (1) space for each two (2) employees.

Churches And Other Places Of Public Assembly. One (1) off-street parking space shall be provided for each four (4) seats based upon the maximum designed seating capacity, including choir lofts.

Section 405.730 R-1 Single-Family Residential District.

[Ord. No. 5757 § 31-74, 11-16-1981]

Intent And Purpose Of District. The R-1 Single-Family District is established for the purpose of single-family dwelling and to allow certain public facilities. It is intended that no use be permitted in this district that will tend to devaluate property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

District Regulations. In District R-1, no structure or land shall be used and no structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses listed in the use regulations.

Use Regulations.

Single-family dwellings.

Public parks and recreation areas and community buildings owned and operated by a public agency.

Church plants and synagogues (not permitted in converted residential building or structure in this district, unless they are in full compliance with the building code for such use).

Group homes. No group home shall be located within five hundred (500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

Public or parochial schools, elementary, junior high and high schools and private schools with equivalent curriculum.

Accessory buildings and uses.

Home occupations, only within the principal residential structure.

Golf courses, except miniature and pitch-and-putt golf courses and driving tees operated for commercial purposes.

A private stable will be allowed on a lot having an area of more than twenty thousand (20,000) square feet, provided that it is located not less than one hundred (100) feet from the front lot line, but not less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each ten thousand (10,000) square feet of lot area, and one (1) cow for each twenty thousand (20,000) square feet of lot area. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet to the front lot line, or thirty (30) feet from any side or rear lot line. City ordinances of Chapter 205 shall apply.

10.

The Planning and Zoning Commission may, by special use permit, authorize the following exceptions subject to such conditions as the Board deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions and other similar requirements.

Any public building erected or land used by any department of the City, County, State or Federal government.

Telephone exchange, electric substations, cable TV or other similar public utilities.

Cemetery or crematory.

Group day-care home and day-care center.

Tourist home.

[Ord. No. 6187 § 3, 8-4-1986]

Hospitals.

[Ord. No. 6416 § 2, 7-3-1989]

Offices and office buildings, including offices for abstractors, accountants, actuaries, attorneys, doctors, physicians and other similar professionals; storage in bulk or warehouse for such materials as computers, computer related high-tech products, computer software and dry prepackaged nonperishable products; telemarketing; telecomputing; distribution of computers, computer-related high-tech products, computer software and dry prepackaged nonperishable products; so long as parcels are shipped from the premises only by United Parcel Service, Federal Express or United States Mail; provided, however, that this special use may be granted only with respect to a building previously used as a hospital for not less than twenty-five (25) years with no intervening use inconsistent with this special use; provided further that no materials shall be stored outside the confines of the structures existing on the land as of the date the special use permit is granted; provided further that the special use permit shall specify the parking regulations for the affected property; and provided further that the structures existing on the premises as of the date the special use permit is granted shall not be expanded upward or outward, and no new structures shall be constructed on the premises.

[Ord. No. 6658 § 1, 10-26-1992]

Senior housing for women consisting of living units without cooking facilities.

[Ord. No. 8421, 6-18-2018]

Intensity Of Use Regulations. Every building or portion of building hereafter erected or altered for residence purposes in District R-1 shall provide a lot area of not less than eight thousand (8,000) square feet per family, provided that where a lot has less square feet than herein required in separate ownership as of November 16, 1981, but not less than five thousand (5,000) square feet, this regulation shall not prohibit the erection of a single-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewerage, each lot shall provide no less than fifteen thousand (15,000) square feet per family. Every lot shall have a minimum frontage of sixty (60) feet on a street. No parabolic (dish) antenna more than one (1) meter in diameter shall be located in the front yard or side yard.

[Ord. No. 6299 § 1, 12-7-1987; Ord. No. 7029 § 1, 3-3-1997]

Height Regulations. No building shall exceed forty-five (45) feet in height.

Yard Regulations.

Front Yards.

[Ord. No. 5916 § 1, 10-3-1983]

The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line. However, where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than are required by this Chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment. This shall not be deemed to require a front yard of more than one hundred (100) feet.

Where lots have double frontage, the required front yard shall be provided on both streets.

In those instances where lots front on both intersecting streets within the same block, no building on a corner lot shall project more than five (5) feet in front of the building line established for buildings fronting on the intersecting street.

Side Yards. There shall be a side yard having a width of not less than five (5) feet as measured from the outer projection on each side of the principal residential building and all other permitted and conditional uses shall provide a five-foot side yard.

Rear Yards. There shall be a rear yard having a depth of not less than twenty-five (25) feet or thirty percent (30%) of the depth of the lot, whichever amount is smaller.

Parking Regulations. The following number of off-street parking spaces are required in District R-1 for the following uses:

Single family: two (2) spaces per dwelling unit.

Churches: one (1) parking space for each six (6) seats based upon the maximum designated seating capacity, including choir lofts.

Elementary, junior high and equivalent parochial and private schools: two (2) for each classroom.

High schools, colleges, universities and other similar public or private institutions of higher learning: eight (8) parking spaces for each classroom plus one (1) space for each two (2) employees.

Stadiums, auditoriums or gymnasiums: one (1) parking space for each three and one-half (3.5) seats based upon the maximum designated seating capacity.

Section 405.740 R-2 Residential District.

[Ord. No. 5757 § 31-75, 11-16-1981]

Intent And Purpose Of District. The R-2 Residential District is established for the purpose of residential control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to interfere with the health, safety, order or general welfare of persons residing in the district or to devaluate property for residential purposes. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

District Regulations. In District R-2, no structure or land shall be used, and no structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses listed in the use regulations.

Use Regulations.

Single-family dwellings.

Public parks and recreation areas and community buildings owned and operated by a public agency.

Church plants and synagogues (not permitted in converted residential building or structure in this district, unless they are in full compliance with the building code for such use).

Accessory buildings and uses.

Public or parochial schools, elementary, junior high and high schools and private schools with equivalent curriculum.

Group day-care homes under the following regulations:

[Ord. No. 5847 § 2, 12-6-1982]

That such uses shall be permitted only if the rear yard in which the home would operate meets the minimum requirements of this Section and is enclosed with a suitable fence.

That such uses are located in the dwelling used by the operator as his or her private residence.

That no assistant other than a member of the family household is employed.

That no advertising or identification sign shall be placed on the premises.

Home occupations (permitted in attached accessory buildings or principle residential structures).

Golf courses, except miniature and pitch-and-putt golf courses and driving tees operated for commercial purposes.

Duplexes.

Two-family townhomes, subject to the following regulations:

[Ord. No. 7512 § 2, 2-2-2004]

(1)

Each lot containing a two-family townhome shall have at least fifty (50) feet of frontage on a street for each single-family dwelling;

(2)

Each lot containing a two-family townhome shall have at least four thousand (4,000) square feet of lot area for each single-family dwelling;

(3)

Each lot containing a two-family townhome shall have a front yard and two (2) side yards with setbacks in compliance with Subsection (F); or a front yard, rear yard and one (1) side yard with setbacks in compliance with Subsection (F).

10.

A private stable will be allowed on a lot having an area of more than twenty thousand (20,000) square feet, provided that it is located not less than one hundred (100) feet from the front lot line, not less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each ten thousand (10,000) square feet of lot area, and one (1) cow for each twenty thousand (20,000) square feet of lot area. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet to the front lot line, or thirty (30) feet from any side or rear lot line. City ordinances of Chapter 205 shall apply.

11.

Group Homes. No group home shall be located within five hundred (500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.

12.

The Planning and Zoning Commission may, by special use permit, authorize the following exceptions subject to such conditions as the Commission deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions and other similar requirements:

Any public building erected or land used by any department of the City, County, State or Federal Government.

Telephone exchange, electric substations, cable TV or other similar public utilities.

Apartments with three (3) or more dwelling units.

Boarding and lodging house.

Dormitories or institutional housing.

Funeral homes.

Cemetery.

Day-care center.

Non-profit institution.

Nursing homes.

Tourist home.

[Ord. No. 6187 § 4, 8-4-1986]

Hospitals.

[Ord. No. 6416 § 3, 7-3-1989]

Intensity Of Use Regulations, Lot Area Per Family. Every building or portion of building hereafter erected or structurally altered for residence purposes in District R-2 shall provide a lot area of not less than five thousand (5,000) square feet per family in single-family dwellings, eight thousand (8,000) square feet per two-family dwelling and two thousand five hundred (2,500) square feet per family in three-or-more-family dwellings with a minimum of twelve thousand (12,000) square feet, provided that where a lot has less area than herein required, in separate ownership, but not less than five thousand (5,000) square feet at the time of the passage of this Article, this regulation shall not prohibit the erection of a single-family dwelling. Where a public or community sewer is not available and in use for disposal of all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per family. Each lot shall have at least fifty (50) feet of frontage on a street. No parabolic (dish) antenna more than one (1) meter in diameter shall be located in the front or side yard.

[Ord. No. 6299 § 2, 12-7-1987; Ord. No. 7029 § 2, 3-3-1997]

Height Regulations. No building shall exceed forty-five (45) feet in height.

Yard Regulations.

Front Yards.

[Ord. No. 5916 § 2, 10-3-1983]

Where lots have double frontage, the required front yard shall be provided on both streets.

Side Yards. There shall be a side yard on each side of the principal residential building, equal to one-fourth (1/4) of the building height but not less than five (5) feet as measured from the outer projection, and all other permitted and conditional uses shall provide a minimum twenty-five-foot setback.

Rear Yards. There shall be a rear yard having a depth of not less than twenty-five (25) feet or thirty percent (30%) of the depth of the lot, whichever is smaller.

Parking Regulations. The following number of off street parking spaces are required in District R-2 for the following uses:

Single-family and two-family units: two (2) spaces per dwelling unit.

Three-or-more-dwelling-unit apartment: two (2) spaces per dwelling unit.

Churches: one (1) parking space for each six (6) seats based upon the maximum designated seating capacity, including choir lofts.

Elementary, junior high and equivalent parochial and private schools: two (2) for each classroom.

High schools, colleges, universities and other similar public or private institutions of higher learning: eight (8) parking spaces for each classroom, plus one (1) space for each two (2) employees.

Hospitals: one (1) parking space for each two (2) beds, plus one (1) parking space for each resident or staff doctor plus one (1) space for each two (2) employees based on the largest working shift in any twenty-four-hour period.

Lodges, non-profit institutions or other similar buildings: one (1) parking space for each three (3) seats based on the design maximum seating capacity.

Boarding or lodging houses: one (1) parking space per each three (3) sleeping rooms or fraction thereof.

Nursing homes, rest homes or similar uses: one (1) parking space per each five (5) beds based on the designed maximum capacity of the building, plus one (1) parking space for each employee based on the largest working shift in any twenty-four-hour period.

10.

Funeral homes: one (1) parking space for each four (4) seats based on the design maximum capacity of the parlor(s), plus one (1) additional parking space for each employee and each vehicle maintained on the premises.

11.

Stadiums, gymnasiums and auditoriums: one (1) parking space for each three and one-half (3.5) seats based on the designed seating capacity.

Section 405.750 R-3 Low-Density Multifamily Dwelling District.

[Ord. No. 5917 § 1, 10-3-1983]

Intent. District R-3 is intended primarily to accommodate non-elevator residential development at a medium density. The principal use of land is for townhouses and garden apartment buildings in convenient relation to outlying major thoroughfares and outlying business centers. This district would also include recreational, religious and educational uses necessary to provide a balanced residential area.

District Regulations. In District R-3, no structure or land shall be used and no structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one (1) of the uses listed in the use regulations.

Use Regulations.

Low-density multifamily dwelling units subject to the intensity of use regulations.

Public parks and recreation areas and community buildings owned and operated by a public agency.

Church, plants and synagogues (not permitted in converted residential building or structure in this district, unless they are in full compliance with the building code for such use).

Accessory buildings and uses.

Public or parochial schools, elementary, junior high and high schools and private schools with equivalent curriculum.

Family day-care homes and group day-care homes under the following regulations:

That such uses shall be permitted only if the rear yard in which the home would operate meets the minimum requirements of this Section and is enclosed with a suitable fence.

That such uses are located in the dwelling used by the operator as his or her residence.

That no assistant other than a member of the family household is employed.

That no advertising or identification sign shall be placed on the premises.

Home occupations (permitted in attached accessory buildings or principle residential structures).

Intensity Of Use Regulations.

Minimum lot area per dwelling unit:

Single-family: six thousand (6,000) square feet.

Two-family: four thousand (4,000) square feet [eight thousand (8,000) square feet minimum lot size].

Multifamily: two thousand five hundred (2,500) square feet [nine thousand (9,000) square feet minimum lot size].

Minimum lot width: sixty (60) feet.

No parabolic (dish) antenna shall be located in the front yard or side yard.

[Ord. No. 6299, 12-7-1987]

Height Regulations.

Maximum structure height: forty-five (45) feet or two and one-half (2 1/2) stories, whichever is smaller.

Exception. Buildings containing three (3) stories may be occupied for residential purposes in the downhill or lower portion, provided at least fifty percent (50%) of the area of the lower story's exterior walls are exposed to outside light and air entirely above grade and said exterior walls contain windows and doors permitting the entrance of daylight and outside air. The main entry to such building shall be located at midlevel so that no occupant shall be required to traverse more than one (1) story of stairs from the main building entrance to the highest or lowest occupied story. Approval shall be given by the Zoning Administrator upon submittal of preliminary site and building plans.

Yard Regulations.

Minimum Front Yards. The minimum front yard requirements shall be the same as required in all other residential districts.

Side Yards.

Interior side yards: eight (8) feet.

Where the side yard fronts on a street, the required front yard setback shall be provided.

Rear Yards. Minimum rear yard: twenty-five (25) feet.

Minimum Building Floor Area.

Single-Family Residences.

One-bedroom: seven hundred (700) square feet.

Two-bedroom: seven hundred fifty (750) square feet.

Three-bedroom: eight hundred fifty (850) square feet.

Duplex: seven hundred (700) square feet for each side.

Multifamily.

Efficiency: five hundred (500) square feet.

One-bedroom: six hundred (600) square feet.

Two-bedroom: seven hundred (700) square feet.

Three-bedroom: eight hundred fifty (850) square feet.

Parking Regulations.

All dwelling units: one and one-half (1 1/2) spaces per dwelling unit. Efficiency apartments shall have one (1) space.

Churches: one (1) parking space for each six (6) seats based upon the maximum designated seating capacity, including choir lofts.

All other uses will be the same as the R-2 Zoning District requirements.

Section 405.760 MH-P Mobile Home Park District.

[Ord. No. 5757 § 31-76, 11-16-1981]

Intent And Purpose Of District. It is the intent and purpose of the MP-H Mobile Home Park District to provide low-density mobile home parks which would be compatible with the character of the surrounding neighborhood and would be consistent with the future land use plan of the community.

District Regulations. In District MH-P, no structure of land shall be used, and no structure shall be altered, enlarged, or erected, which is arranged, intended or designed for other than one of the uses listed in the use regulations section of this district.

Use Regulations.

Mobile home parks, subject to the following regulations:

The tract to be used for a mobile home park shall not be less than three (3) acres in area. Home parks shall be permitted to expand to the conforming three-acre requirement, provided the expansion is on contiguous or adjacent property subject to City ordinances.

The mobile home park shall be under one (1) ownership and control and individual occupants other than said owner shall not purchase or own any place, parcel or portion of said park.

The applicant for a mobile home park shall prepare or cause to be prepared a preliminary mobile home park plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and three (3) copies of said plan shall be submitted to the Planning and Zoning Commission for their review and recommendations. Such plans shall comply with the following requirements:

(1)

Contours at intervals of five (5) feet shall be indicated on the plan.

(2)

The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

(3)

Mobile home parks hereafter approved shall have a maximum density of eight (8) mobile homes per gross acre, and a minimum of three thousand six hundred (3,600) square feet shall be provided for each mobile home space.

(4)

Each mobile home space shall be at least forty (40) feet wide and be clearly defined.

(5)

Mobile homes shall be located on each space so as to maintain a setback of no less than twenty-five (25) feet from any public street, highway right-of-way or district R boundary; as to maintain a setback of no less than ten (10) feet from the edge of a park roadway or sidewalk or a rear boundary line when such boundary line is not common to any public street, highway right-of-way or MH-P District boundary and as to maintain a setback of no less than ten (10) feet from any side boundary line of a mobile home space.

(6)

All mobile home spaces shall front upon a private roadway of no less than thirty two (32) feet in width including curbs on each side. All roadways shall have unobstructed access to a public street.

(7)

Common walks shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance and to the office and other important facilities.

(8)

All roadways and sidewalks within the mobile home park shall be paved with at least six (6) inches of rolled stone base and two inches (2) of asphaltic concrete or at least six (6) inches of portland cement concrete, and shall be adequately lighted at night.

(9)

A community building may be provided which may include recreation facilities, laundry facilities, storm shelter and other similar uses designed to serve the mobile home park residents.

(10)

Each mobile home park shall devote a minimum of two hundred (200) square feet per mobile home space for an area suitable for recreation. Individual recreational areas shall not be less than five thousand (5,000) square feet and required setbacks, roadways and off-street parking spaces shall not be considered as recreation space.

(11)

There shall be twenty-five-foot setbacks between a residential district and any structure, building, or mobile home located within the mobile home park.

(12)

Each mobile home shall have installed a skirting material that covers any open area under the mobile home and is firmly fastened to the mobile home. Exceptions to this requirement may be granted by the Planning and Zoning Commission for a period not to exceed one hundred eighty (180) days from the original date of placement of the mobile home.

A mobile home park shall not be used for other than residential purposes; mobile homes intended and set up for occupancy may be offered for sale in the mobile home park only by resident owners or their agents.

Upon approval of the preliminary mobile home park plan by the Planning and Zoning Commission, the applicant shall prepare and submit a final plan, which shall incorporate any changes or alterations requested. The final plan and the Planning and Zoning Commission recommendations shall be forwarded to the City Council for their review and final action.

Any substantial deviation, as determined by the Zoning Administrator, from the approved plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the Planning and Zoning Commission and City Council prior to the issuance of a building or zoning permit.

The use or parking of a mobile home whether or not the wheels have been removed in any place in the City other than in and according to the provisions of District MH-P or MH-S is strictly prohibited.

[Ord. No. 6100 § 1, 8-5-1985]

Churches, synagogues, and other similar places of worship.

Public and parochial schools.

Home occupations.

Accessory buildings and uses.

Water Supply.

An accessible, safe and potable supply of water as approved by the State Health Department shall be provided in each park or camp. If a public water supply is reasonably available to the park or camp, it shall be used.

The size and location of water mains and fire hydrants shall be designed by a licensed professional engineer and shall be in accordance with the requirements of the agency from which the water supply is obtained.

Individual water service connections shall be provided at each mobile home space.

When a private water supply is provided, it shall provide an adequate water supply with minimum flow rates of four (4) gallons per minute for each of the first five (5) mobile home spaces and an additional two (2) gallons per minute for each additional space for the next ten (10) spaces, and an additional one (1) gallon per minute for the next twenty-five (25) spaces, and an additional one (1) gallon per minute for each additional space thereafter. Said system shall provide a minimum of twenty (20) pounds per square inch of pressure at all connections provided.

Sewage Disposal.

Individual sewer connections shall be provided for each mobile home space and shall be in accordance with all codes and regulations regarding such systems. If a public sewer system is reasonably available to the park, it shall be used according to all pertinent municipal regulations.

All sewage systems shall be designed by a licensed professional engineer and shall be submitted to the appropriate governing body for their approval.

When the sewer lines of the park are not connected to a public sewer, a sewage treatment plant or sewage disposal system approved by the Saline County Health Inspector, pursuant to City contract, or the engineer having jurisdiction shall be provided. Such facility shall have the proper permits from the Missouri Department of Natural Resources.

Compliance. The mobile home park shall be in compliance with this Article and all other regulations and the site shall be in conformance with applicable regulations of the locality and State.

Parking Or Storing. A mobile home may be parked in the mobile home park, providing that it shall not be a nuisance and does not constitute a fire hazard, and further providing said mobile home is not offered for sale by other than the resident owner or his agent.

Unused Mobile Home Park. Whenever a property, zoned MH-P, ceases to be used for such purposes for a period of two (2) years, the Planning and Zoning Commission shall initiate action and hold a public hearing to rezone said property.

Parking Regulations. There shall be two (2) off-street parking spaces for each mobile home.

Section 405.770 MH-S Mobile Home Subdivision District.

[Ord. No. 5757 § 31-77, 11-16-1981]

Intent And Purpose Of District. It is the intent and purpose of the MH-S Mobile Home Subdivision District to provide low-density mobile home development which would be compatible with the character of the surrounding neighborhood where individuals could purchase lots for the placement of mobile homes.

District Regulations. In District MH-S, no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended or designed for other than one of the uses listed in the use regulations section of this district.

Use Regulations.

Mobile home subdivisions:

Provided that the mobile home subdivision is platted in accordance with the adopted Subdivision Regulations.

Provided all mobile homes shall have a sheeting material covering all openings under the mobile home and fastened to it.

Provided any foundation not used for 120 continuous days shall be removed or enclosed by a four-foot picket or similar fence.

Churches, synagogues and other similar places of worship.

Public and parochial schools.

Home occupations.

Accessory buildings and uses.

Intensity Of Use Regulations.

A mobile home subdivision shall have a gross area of not less than five (5) acres.

Only one mobile home shall be permitted on each lot, and each lot shall have a minimum area of five thousand (5,000) square feet and a minimum width of forty-five (45) feet at the front building line.

Height Regulations. No building or structure shall exceed thirty-five (35) feet in height.

Yard Regulations.

Front Yards.

The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line.

Where lots have double frontage, the required front yard shall be provided on both streets.

In those instances where lots front on only one of the intersecting streets within the same block, the corner lot shall maintain a front yard setback, as set out in Subsection (F)(1)(a) above, on that street upon which other lots front, and the setback on the other intersecting street may be reduced to not less than fifteen (15) feet.

Side Yards. There shall be a side yard on each side of the principal residential building which shall have a width of not less than five (5) feet, and all other permitted and conditional uses shall provide a minimum of twenty-five-foot setback.

Rear Yards. There shall be a rear yard having a depth of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.

Parking Regulations.

Residences: two (2) parking spaces.

Churches: one (1) parking space for each four (4) seats based upon the maximum designed seating capacity, including choir lofts.

Elementary, junior high and equivalent parochial and private schools: two (2) for each classroom.

High schools, colleges, universities, and other similar public or private institutions of higher learning: eight (8) parking spaces for each classroom, plus one (1) space for each two (2) employees.

Stadiums, gymnasiums, and auditoriums: one (1) parking space for each three and one-half (3.5) seats based on the designed seating capacity.

Section 405.780 C-1 Central Business District.

[Ord. No. 5757 § 31-78, 11-16-1981]

Intent And Purpose Of District. The C-1 Central Business District is intended for grouping retail merchandising activities into a concentrated area serving the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the business level of the central business activity.

District Regulations. In District C-1, no building shall be used and no building or structure altered, enlarged, or erected which is arranged, intended or designed for other than one of the uses listed in Subsection (C) below.

Use Regulations.

Amusement places.

Animal hospitals, clinics, and kennels providing the establishment and runs are completely enclosed in a building.

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

Apartments on floors other than the ground floor.

Apparel and accessory stores.

Appliance sales and service.

Art and art supply stores.

Artist studio.

Auditorium and similar places of public assembly.

10.

Automobile garages (public) and parking lots, except that in public garages no repair facilities shall be maintained on the front portion of the lot or in the front portion of the first story of the building within thirty (30) feet of the front street.

11.

Automobile sales and service, providing that all work is done within an enclosed building and that no inoperable autos or material are held or stored on the site unless screened by a solid fence at least eight (8) feet in height.

12.

Auto repair and body shop, providing that all work is done within an enclosed building and that no inoperable autos or material are held or stored on the site unless screened by a solid fence at least eight (8) feet in height.

13.

Auto supply stores.

14.

Bakery and pastry shops (retail only).

15.

Banks and other savings and lending institutions.

16.

Barber and beauty shops.

17.

Bicycle repair and sales shop.

18.

Books and stationery stores.

19.

Bowling alley and recreation buildings.

20.

Business and technical schools and schools for photography, music and dancing.

21.

Business machine repair, sales and service.

22.

Car washes, both automatic and manual.

23.

Churches and parish homes.

24.

Cigar and tobacco stores.

25.

Clothing and costume rental.

26.

Commercial recreation uses.

27.

Custom dressmaking, furrier, millinery and tailor shops.

28.

Delicatessens and catering establishments.

29.

Department stores.

30.

Drug stores and prescription shops.

31.

Dry goods and notion stores.

32.

Dry cleaning and laundry establishments [employing not more than five (5) persons on the premises].

33.

Electric repair shops (household appliances).

34.

Fix-it shops (radio, TV and small household appliances repair).

35.

Florist and gift shops.

36.

Furniture and home furnishing stores.

37.

Government building.

38.

Grocery store (including retail meat markets and produce stores).

39.

Hardware stores.

40.

Hobby, stamp and coin shops.

41.

Household and appliances stores.

42.

Hotels and motels.

43.

Interior decorator's shops.

44.

Insurance sales office.

45.

Jewelry and metal craft stores.

46.

Leather goods and luggage stores.

47.

Lumber yards provided they are wholly within a building or within an area completely surrounded on all sides by a fence or wall at least eight (8) feet high so as to provide a visual barrier.

48.

Library and museums.

49.

Lock and key shops.

50.

Mail order catalog stores.

51.

Medical, dental and health clinics.

52.

Medical and orthopedic appliance store.

53.

Meeting halls and auditoriums.

54.

Mortuary.

55.

Messenger or telegraph service stations.

56.

Milk and dairy products (retail sales only).

57.

Music instrument sales and repair shops.

58.

Music studios, radio and television stores.

59.

Newsstand.

60.

Nightclubs.

61.

Offices and office buildings, including offices for abstractors, accountants, actuaries, attorneys, doctors, physicians and other similar professionals.

62.

Office supply and office equipment stores.

63.

Optician and optometrists shops.

64.

Package liquor stores.

65.

Paint stores.

66.

Parks and recreation areas.

67.

Pawn shops.

68.

Pet shops.

69.

Photographic equipment and supply stores.

70.

Photographic studios.

71.

Picture frame shops.

72.

Printing and publishing houses (including newspapers).

73.

Private clubs, fraternities, sororities and lodges.

74.

Public buildings.

75.

Radio and television studios.

76.

Railway, taxi and bus passenger stations.

77.

Real estate offices.

78.

Rental stores (excluding vehicle or trailer rental).

79.

Restaurants and tea rooms (excluding drive-ins).

80.

Service stations, providing that no vehicle is stored outside on the property for more than 72 continuous hours and that parts or materials stored outside are screened by a solid fence at least eight (8) feet in height and provided all storage tanks for gasoline shall be below the surface of the ground, and that no opening for the filling or emptying of such gasoline storage tanks shall be permitted within fifty (50) feet of any boundary line of a residential district when such boundary line is within the same block.

81.

Self-service laundries.

82.

Sewing machines stores.

83.

Shoe stores.

84.

Shoe repair and shoe shine shops.

85.

Sporting and athletic goods stores.

86.

Stores and shops for the conduct of retail business similar to the uses listed in this Section.

Tailor shops.

Taverns.

Theaters.

Tire repair shops, providing that all materials and supplies are stored or kept within a solid fence at least eight (8) feet in height.

91.

Toy stores.

92.

Travel bureaus.

93.

Truck repair and body shops, providing all work is done within an enclosed building and that no inoperable truck or material are held or stored on the site unless screened by a solid fence at least eight (8) feet in height.

94.

Utility company offices.

95.

Wallpaper stores and shops.

96.

Variety stores and shops.

97.

Watch repair shops.

98.

Wholesale establishments.

99.

Accessory uses customarily incidental to the above uses.

100.

Tourist home.

[Ord. No. 6187 § 5, 8-4-1986]

101.

Any use permitted in Section 405.790(C) of this Chapter.

[Ord. No. 6117 § 1, 9-16-1985]

102.

Day-care facilities.

[Ord. No. 7048 § 1, 7-7-1997]

103.

The Planning and Zoning Commission may, by special use permit, authorize the following exceptions(s) subject to such conditions, as the Commission deems necessary. This special use shall not be available on the following described tracts: Blocks 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the Original Town of Marshall, Saline County, Missouri.

[Ord. No. 7449 § 1, 4-7-2003]

Apartments on the ground floor.

Intensity Of Use Regulations. Automobile, truck or boat sales shall have at least five thousand (5,000) square feet of contiguous display area.

Height Regulations. A building may be erected to any height, not in conflict with other regulations.

Yard Regulations.

Front Yards. No front yard is required for any building in C-1 District. However, where a portion of District C-1 lies within the same block and fronts upon the same street with a portion of a residential district, and no lot within said C-1 District is occupied in that portion of the residential district inclusive adjoining, then in such case, the front yard requirements of adjoining residential district inclusive shall likewise be applicable to such portion of C-1 District.

Side Yards. No side yard is required for any building in the C-1 Central Business District.

Rear Yards. The depth of the rear yard shall be at least four percent (4%) of the depth of the lot, but such depth need not be more than four (4) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a residential district.

Storage Regulations. All storage of goods or material for sale, rent, lease or display shall be within an enclosed building or within an area completely surrounded on all sides by a fence or wall at least eight (8) feet in height so as to provide a visual barrier.

Traffic Regulations. Plans for the erection or structural alteration of any business use dependent on vehicles entering onto the business site or parking lot shall be approved by the City Council. The City Council may require such changes therein in relation to yards, location of curb cuts, width of driveways, location of signs and accessory uses and buildings and construction of buildings as it may deem best suited to insure safety to minimize traffic difficulties and to safeguard adjacent properties.

Parking Regulations. Off-street parking is not required.

Section 405.790 C-2 Highway Business District.

[Ord. No. 5757 § 31-79, 11-16-1981]

Intent And Purpose Of District. This district is intended to provide commercial locations for uses which serve as a convenience to the traveler, require large areas of land or require convenient access to all parts of the community in order to have an efficient operation. It is further intended that the uses be of a single-purpose character and not be a nature in which people walk from store to store as in a nucleated center. Floor areas are restricted and screening and off-street parking are required to reduce possible adverse effects on surrounding residential uses.

District Regulations. In District C-2, no structure or land shall be used and no structure altered, enlarged, or erected which is arranged, intended or designed for other than one of the uses listed below.

Use Regulations.

Animal hospitals.

Arcades.

Automobile and truck sales and service, providing that no inoperable vehicle is stored more than seventy two (72) hours unless within an enclosed building or within an area screened by a solid fence at least eight (8) feet in height and parts or material kept outside are within an area screened by a solid fence at least eight (8) feet in height.

Bakeries and pastry shops.

Banks and other lending institutions.

Beauty and barber shops.

Bicycle sales and repair shops.

Retail automotive accessory shops.

Boat sales, service, and rental providing that no inoperable boat is stored more than seventy-two (72) hours unless within an enclosed building or within an area screened by a solid fence at least eight (8) feet in height and parts or materials kept outside are within an area screened by a solid fence at least eight (8) feet in height.

10.

Bowling alleys and recreation buildings.

11.

Car washes.

12.

Churches.

13.

Construction equipment rental and sales.

14.

Dance halls.

15.

Electric and telephone substations.

16.

Food stores.

17.

Gift and souvenir shops.

18.

Glass service shops.

19.

Government buildings.

20.

Gymnasiums and other recreation facilities intended for but not limited to tennis, handball, racquetball, and swimming.

21.

Hotels and motels, including accessory service uses, such as newsstands, messenger and telegraph stations, swimming pools, flower and gift shops.

22.

Indoor theaters.

23.

Laundromats.

24.

Lumber and building material sales yards.

25.

Moving and storage, provided all goods or material stored for more than seventy-two (72) hours are screened by a solid fence at least eight (8) feet in height.

26.

Mobile home sales and service.

27.

Mortuary.

28.

Motorcycle sales, service and rental, providing that no inoperable motorcycle is stored more than seventy-two (72) hours unless within an enclosed building or within an area screened by a solid fence at least eight (8) feet in height and parts or materials kept outside are within an area screened by a solid fence at least eight (8) feet in height.

29.

Nursery and garden stores.

30.

Nursing homes and hospitals.

[Ord. No. 6416 § 4, 7-3-1989]

31.

Package liquor stores.

Photography studios.

Pool halls.

Printing shops.

Professional offices.

36.

Restaurants and tea rooms, including drive-in establishments.

37.

Roller-skating rink.

38.

Service stations or filling stations, providing that no vehicle is stored outside on the property for more than seventy-two (72) continuous hours and that parts or materials stored outside are screened by a solid fence at least eight (8) feet in height, provided all storage tanks for gasoline shall be below the surface of the ground, and that no opening for the filling or emptying of such gasoline storage tanks shall be permitted within fifty (50) feet of any boundary line of a residential district when such boundary line is within the same block.

39.

Sporting goods stores.

40.

Stores, shops and retail trade.

41.

Taverns.

42.

Tire sales and service, providing that all materials and supplies are stored or kept within a solid fence at least eight (8) feet in height.

43.

Tractor sales and service, providing that no inoperable vehicle is stored more than seventy-two (72) hours unless within an enclosed building or within an area screened by a solid fence at least eight (8) feet in height.

44.

Upholstery shops.

45.

Storage buildings and warehouses.

[Ord. No. 5956 § 1, 3-19-1984]

46.

The Planning and Zoning Commission may, by special use permit, authorize the following uses subject to such conditions as the Commission deems necessary, to include but not limited to, proper setbacks, landscaping, screening, fencing, maintenance provisions and similar requirements:

Outdoor amusement establishments such as amusement parks, permanent carnival and kiddie parks, miniature golf and pitch and putt courses, driving ranges and other similar establishments.

Drive-in theaters.

Campgrounds, subject to the following regulations:

(1)

Campgrounds shall be utilized for the accommodations of camping trailers, tents and other similar camping vehicles, and under no circumstances shall a campground be utilized for the occupancy of mobile homes.

(2)

The tract to be used for a campground shall not be less than two (2) acres in area.

(3)

The applicant for a campground shall prepare or cause to be prepared a preliminary campground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and three (3) copies of said plan shall be submitted to the Commission for their review and recommendations. Such plans shall comply with the following minimum requirements:

(a)

Contours at intervals of one (1) foot shall be indicated on the plan.

(b)

The campgrounds shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

(c)

Campgrounds shall have a maximum density of twenty (20) camping spaces per gross acre, and a minimum area of one thousand two hundred fifty (1,250) square feet shall be provided for each space.

(d)

Each camping space shall be at least twenty-five (25) feet wide and a minimum of fifty (50) feet in depth.

(e)

Travel trailers shall be located on each space so as to maintain a setback of no less than twenty (20) feet from any public street, right-of-way or property line.

(f)

All camping spaces shall front on a private roadway of not less than twenty-four (24) feet in width, and all roadways shall have unobstructed access to a public street.

(g)

A solid or semisolid fence or wall at least six (6) feet high, but not more than eight (8) feet high, shall be provided between the campgrounds and any adjoining property which is zoned for residential purposes. In lieu of said fence or wall, a landscape buffer may be provided not less than twenty-five (25) feet in width.

(4)

Upon approval of the preliminary campgrounds plan by the Commission, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested.

Day-care centers.

[Ord. No. 8230 § 1, 8-3-2015]

Boarding kennels.

[Ord. No. 8415, 5-7-2018]

Intensity Of Use Regulations. The principal building or buildings and storage area in this district shall not cover more than fifty percent (50%) of the ground area on which the building or buildings are located. Automobile, truck or boat sales shall have at least five thousand (5,000) square feet of contiguous display area.

Height Regulations. No building shall exceed thirty-five (35) feet or two and one-half (2 1/2) stories, except that where a District C-2 joins a District C-1 within the same block, the height may be increased to forty-five (45) feet or three (3) stories within that same block.

Yard Regulations.

[Ord. No. 7576 § 1, 10-18-2004]

Front Yards. No front yard setback is required for structures existing on November 16, 1981. All additions and new structures shall meet the following requirements:

There shall be a front yard having a depth of not less than twenty-five (25) feet measured from the front lot line; provided, however, that if located on an arterial street, the front yard shall be forty (40) feet measured from the front lot line. If the front lot line is irregular, the measurement may be made from that portion of the lot line which is closest to the right-of-way.

[Ord. No. 7644 § 1, 9-6-2005]

Where a lot or lots have double frontage, the required front yard shall be provided on both streets for all uses permitted in this district.

Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.

Side Yards. There shall be a side yard on each side of a building having a width of not less than five (5) feet.

Rear Yards. Except as otherwise provided in the supplementary district regulations, there shall be a rear yard of not less than ten (10) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.

A solid or semisolid fence or wall at least six (6) feet high, but not more than eight (8) feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a street right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line and be maintained by the owner or owners of this property in the C-2 District.

Loading And Unloading Regulations.

Required. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage or goods display, and which shall include any warehouse, goods display, department store, wholesale store, market hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys.

Amount Of Space Prescribed. Such space, unless otherwise adequately provided for, shall include a ten-foot-by-fifty-foot loading space for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use for above-mentioned purposes, or for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet for above-mentioned purposes. These requirements may, upon appeal, be increased, modified or waived by the Board of Adjustment where, in its judgment, the conditions or circumstances provide substantial reasons to justify such action.

Parking Regulations. Off-street parking spaces shall be provided as follows:

Automobile, truck, trailer and mobile home sales, service and rental lots: one (1) parking space for every three thousand (3,000) square feet of open sales lot area devoted to the sale, display and rental of said vehicles, plus one (1) parking space for each service bay and employee.

Banks, post office and business and professional office: one (1) parking space for each three hundred (300) square feet of gross floor area.

Bowling alley: five (5) parking spaces for each lane.

Car wash: three (3) holding spaces for each car washing stall plus two (2) drying spaces for each car washing stall.

Funeral homes and mortuaries: one (1) parking space for each four (4) seats based upon the designed maximum capacity of the parlor, plus one (1) additional parking space for each employee and each vehicle maintained on the premises.

Furniture and appliance stores, household equipment or furniture repair shop: one (1) parking space for each four hundred (400) square feet of floor area.

Medical and dental clinics or offices: one (1) parking space for each one hundred (100) square feet of gross floor area.

Restaurants, night clubs, taverns and lounges: one (1) parking space for each two and one-half (2.5) seats based on the designed seating capacity; provided, however, the drive-in restaurants shall have a minimum of at least two (2) parking spaces.

Retail stores and shops: one (1) space per two hundred (200) square feet of floor area.

10.

Service stations: one (1) parking space for each employee plus two (2) spaces for each service bay.

11.

Theaters, auditoriums and places of assembly with fixed seats: one (1) space for each three and one-half (3.5) seats.

12.

Theaters, auditoriums and places of assembly without fixed seats: one (1) parking space for each three (3) people, based on the designed maximum capacity of the building.

13.

Warehouse, storage and wholesale establishments: one (1) parking space for each two (2) employees based on the largest working shift in any twenty-four-hour period.

14.

Churches: one (1) parking space for each four (4) seats based upon the maximum designed seating capacity, including choir lofts.

15.

All other business and commercial establishments not specified above: one (1) parking space for each three hundred (300) square feet of floor area.

Section 405.800 I-L Light Industrial District.

[Ord. No. 5757 § 31-80, 11-16-1981]

Intent And Purpose Of District. The I-L Light Industrial District is intended for the purpose of allowing certain industrial uses which do not create obnoxious sounds, glare, dust or odor. Height and land coverage are controlled to insure compatibility with adjoining uses.

District Regulations. In District I-L, no building or land shall be used and no building or structure altered, enlarged or erected, which is arranged, intended or designed for other than one (1) of the uses listed in Subsection (C) below.

Use Regulations.

Animal hospitals or clinics.

Auto repair and body shops.

Bakeries.

Book binders.

Bottling works.

Building material sales (except for ready-mix concrete and similar uses which emit dust, odor, or smoke).

Canning or preserving factories.

Carpenter, cabinet, plumbing, or sheet-metal shops.

Carpet-cleaning establishments.

10.

Contractor's office and equipment storage yard, providing the storage yard is completely enclosed with a six-foot solid fence or wall.

11.

Creameries.

12.

Dry-cleaning and/or laundry plants.

13.

Electroplating works.

14.

Fish packing or storage plants.

Frozen food lockers.

Freight terminals.

Garment factory.

Galvanizing works, by special permit of the Planning and Zoning Commission only.

19.

Greenhouses and nurseries, retail and wholesale.

20.

Ice plants.

21.

Kennels and kennel boarding.

22.

Laundries.

23.

Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emission of dust, fumes, gas, odor, or smoke.

24.

Machine shops, provided that no mechanical power in excess of ten (10) horsepower is used in the operation of any one (1) machine.

25.

Machinery sales, service repairs, painting, and storage.

26.

Monument sales.

27.

Motor vehicle sales.

28.

Moving, transfer, and storage plants.

29.

Photo-engraving plants.

30.

Printing plants.

31.

Produce markets (wholesale).

32.

Public utility and public service uses as follows:

Substations.

Railroads.

Telephone exchange, microwave towers, radio towers, television towers, telephone transmission buildings, electric power plants.

Public utility storage yards when the entire storage area is enclosed by at least a six-foot wall or fence.

33.

Service stations.

34.

Sign printing and manufacturing.

35.

Stone-cutting plants.

36.

Truck and rail terminals.

37.

Upholstery shops.

38.

Veterinary hospitals.

39.

Warehouses.

40.

Wholesale merchandise sales and storage.

41.

Any use permitted in Section 405.780(C) of this Chapter.

[Ord. No. 6117 § 1, 9-16-1985]

Intensity Of Use Regulations.

A building structure or use, allowed in this district, may occupy not more than seventy-five percent (75%) of the lot area.

In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the structure may cover not more than seventy percent (70%) of the lot area.

Height regulations: none.

Yard Regulations.

Front Yard. No front yard shall be required for uses permitted in this district.

Side Yard. Provided there is compliance with the City Fire Code, no side yard shall be required for uses in this district except where such use abuts a dwelling or dwelling district zone, in which case there shall be required twenty-five (25) feet of side yard with an evergreen buffer approved by the Commission on the side of the lot which abuts the residential district.

Rear Yard. The depth of a rear yard shall be at least ten (10) feet, except that in a corner lot, no rear yard is required within fifty (50) feet of a side street unless the rear line adjoins a residential or commercial district. An evergreen buffer approved by the Commission shall be provided along those rear lot lines which adjoin a residential district.

Parking Regulations.

Commercial and industrial uses allowed in this district shall provide one (1) off-street parking space for every two (2) regular employees per shift with the following exceptions:

Service stations: one (1) parking space for every two (2) regular employees plus two (2) spaces for each service bay.

Plans and Approval Required. Plans showing layout and design of all required off-street parking areas shall be submitted and approved by the Planning and Zoning Commission prior to issuing a building permit. Before approving the parking layout, the Commission shall be satisfied that the spaces provided are usable and meet standard design criteria.

[Ord. No. 6266 § 4, 7-6-1987]

Exceptions. Off-street parking requirements in this district may be waived by the governing body when it can be established that off-street parking, to satisfy the above requirements, is provided or is available, either private or public, on adjoining property or within one hundred-fifty (150) feet of the proposed use. In determining whether or not sufficient off-street parking is available to satisfy the requirements of this Section, vacant land or spaces allotted to other uses shall not be considered.

Traffic Regulations.

No loading or unloading operation shall be permitted in the right-of-way of any street or alley.

Curb cuts for access to parking, loading and unloading areas shall be first approved by the Building Official. In making application for such curb cuts, the applicant shall present this proposal in writing and provide the Building Official with sufficient plans showing location, width and type of surface proposed across the public right-of-way. This shall be done in accordance with existing ordinances on streets.

[Ord. No. 5804 § 1, 7-6-1982]

Loading And Unloading Regulations.

Required. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage or goods display, and which shall include any warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys.

Amount Of Space Prescribed. Such space, unless otherwise adequately provided for, shall include a ten-foot-by-fifty-foot loading space with fourteen-foot height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use for above-mentioned purposes, or for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of land use for above mentioned purposes. These requirements may, upon appeal, be increased, modified or waived, by the Board of Adjustment where, in its judgment, the conditions or circumstances provide substantial reasons to justify such action.

Section 405.810 I-H Heavy Industrial District.

[Ord. No. 5757 § 31-81, 11-16-1981]

Intent And Purpose Of District. The I-H Heavy Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

District Regulations. In District I-H, no building or land shall be erected, altered, or enlarged, which is arranged, intended, or designed for other than one of the uses listed in Subsection (C) below.

Use Regulations.

Auto repair and body shop.

Bottling works.

Blacksmith shop.

Book binderies.

Building materials, storage, and sales.

Canning and preserving factories.

Carpenter, cabinet, plumbing, and sheet metal shops.

Carpet cleaning establishments.

Chemical laboratories not producing noxious fumes or odors.

10.

Contractor's office and equipment storage yard.

11.

Construction equipment sales and rental.

12.

Dry-cleaning and laundry plants.

13.

Electroplating works.

14.

Feed and seed stores, flour mills, and grain processing.

15.

Forges (hand).

16.

Fish packing or storage plants.

17.

Frozen food lockers.

18.

Freight terminals.

19.

Galvanizing works, by special permit of the Planning and Zoning Commission only.

20.

Grain elevators.

21.

Greenhouses and nurseries, retail and wholesale.

22.

Ice plants.

23.

Kennels and kennel boarding.

Laundries.

Lumber yards.

Machine yards.

Machinery sales and storage lots.

28.

Milk bottling or distribution plants.

29.

Manufacturing or fabrication establishments, which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

30.

Monument and marble works.

31.

Motor vehicle sales and storage.

32.

Moving transfer and storage plants.

33.

Photo engraving plants.

34.

Poultry storage or slaughtering.

35.

Planing mills.

36.

Printing plants.

37.

Public utility and public service uses.

38.

Produce markets wholesale.

39.

Railroad freight yards.

40.

Radiator repair shops.

41.

Sanitary land fill (governmental), provided that no hazardous waste materials as defined by the U.S. Environmental Protection Agency are stored or deposited on the site.

42.

Sign painting plants.

43.

Storage in bulk of, or warehouse for, such materials as asphalt, brick, building material, cement, cotton, coal contractor's equipment, feed, fertilizer, grain, gravel, grease, hay, ice, lead, lime, machinery, metals, plaster, poultry, roofing, rope, sand, scrap paper or rags, stone, tar, tarred or creosoted products, terra cotta, timber, wood and wool.

44.

Truck and rail terminals.

45.

Tire repair shops.

46.

Upholstering shops.

47.

Veterinary hospitals.

48.

Warehouses or storage houses.

49.

Wholesale houses.

50.

Service stations.

[Ord. No. 5976 § 1, 5-7-1984]

51.

Stores, shops and retail trade.

[Ord. No. 5976 § 1, 5-7-1984]

52.

Special Use Permit. The following uses of land may be allowed by the Council in this District upon submission, review and recommendation of the Commission.

Auto wrecking yards, junk yards and scrap processing yards are subject, however, to the following:

(1)

Located on a tract of land at least three hundred (300) feet from a residential district zone.

(2)

The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall or hedge at least six (6) feet high. The fence, wall or hedge shall be of uniform height, uniform texture and color and shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk or other material within the yard.

(3)

No junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside the enclosed building, hedge, fence or wall, or within the public right-of-way.

(4)

Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the Fire Department. Said burning, when permitted; shall be done during daylight hours only.

Petroleum refining.

Stockyard and slaughterhouses.

Ready-mix concrete and asphalt mix plants.

Manufacturing or storage of bulk oil, gas and explosives.

Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vibration.

53.

Any use permitted in Section 405.800(C) of this Chapter.

[Ord. No. 6117 § 1, 9-16-1985]

Intensity Of Use Regulations.

A building, structure or use, allowed in this district may occupy all that portion of a lot except for the area required for off-street loading and unloading and their access roads and as otherwise required in Subsections (G) and (I).

In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the building or structure may cover the entire lot except as otherwise required in Subsection (F).

Height regulations: none.

Yard Regulations.

Front Yard. No front yard shall be required for uses permitted in this district.

Side Yard. Provided there is conformance with the City fire code, no side yard shall be required for uses in this district except where such use abuts a dwelling or dwelling district zone, in which case there shall be required fifty (50) feet landscape buffer with trees, and evergreen shall be provided to screen the residential area on the side of the lot which abuts the residential district.

Rear Yard. The depth of a rear yard shall be at least ten (10) feet, except that in a corner lot, no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a residential or commercial district. An evergreen buffer approved by the Commission shall be provided along those rear lot lines which adjoins a residential district.

Parking Regulations.

Commercial and industrial uses allowed in this district shall provide one (1) off-street parking space for every two (2) regular employees per shift, and said parking spaces shall be provided within five hundred (500) feet of the proposed structure.

Plans And Approval Required. Plans showing layout and design of all required off-street parking areas shall be submitted and approved by the Planning and Zoning Commission, prior to issuing a building permit. Before approving the parking layout, the Commission shall be satisfied that the spaces provided are usable and meet standard design criteria.

[Ord. No. 6266 § 5, 7-6-1987]

Exceptions. Off-street parking requirements in this district may be waived by the governing body when it can be established that off-street parking, to satisfy the above requirements, is provided or is available, either private or public, on adjoining property or within one hundred fifty (150) feet of the proposed use. In determining whether or not sufficient off-street parking is available to satisfy the requirements of this Section, vacant, land or space allocated to other uses shall not be considered.

Traffic Regulations.

No loading or unloading operation shall be permitted in the right-of-way of any street or alley.

Curb cuts for access to parking, loading and unloading areas shall be first approved by the Building Official. In making application for such curb cuts, the applicant shall present his proposal in writing and provide the Building Official with sufficient plans showing location, width and type of surface proposed across the public right-of-way.

[Ord. No. 5804 § 1, 7-6-1982]

Loading And Unloading Regulations.

Required. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage or goods display, and which shall include any warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys.

Amount Of Space Prescribed. Such space unless otherwise adequately provided for, shall include a ten-foot-by-fifty-foot loading space with fourteen-foot height clearance for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use for above-mentioned purposes or for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of land use for above-mentioned purposes. These requirements may, upon appeal, be increased, modified or waived by the Board of Adjustment where, in its judgment, the conditions or circumstances provide substantial reasons to justify such action.

Section 405.820 HP Historic Preservation District.

[Ord. No. 5757 § 31-83, 11-16-1981]

Intent. Within districts now existing or hereafter created, it is intended to permit creation of District HP Historic Preservation District in general areas or for individual structures and premises officially designated as having historic or cultural significance. Regulations within such districts are intended to protect against destruction of or encroachment upon such areas, structures, and premises, to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the cultural and historic heritage of the City, to prevent creation of environmental influences adverse to such purposes, and to assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.

It is further the intent of these regulations that the Planning and Zoning Commission shall seek the advice and assistance of groups or individuals qualified by interest, training, and experience in achieving the objectives set forth.

Application For Historic Preservation District Designation.

Applications for HP zoning shall be prepared by the property owners in the area concerned, and shall include signatures in support of the application from each of the property owners in the proposed district. Single-lot districts are permitted. Each application shall contain information and recommendations as indicated below concerning the areas, buildings, and premises proposed for such zoning.

Proposed district boundaries shall in general be drawn to include all appropriate properties reasonably near to each other within the area.

A report shall be submitted with the application, establishing and defining the historic and cultural features of the district and describing the structures and features of substantial public significance, present trends and conditions, and desirable public objectives for conservation, development, or redevelopment. Such report shall include, among other pertinent matters:

An analysis of existing structures by period of construction (if known), architectural style (if significant), condition, present use, assessed valuation, and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to interior of the block, and off-street parking provided. In addition to general analysis, two (2) specific and detailed classifications shall be established;

A classification of individual structures and premises of substantial public interest, with maps, photographs, and other data indicating the public importance of preservation and particular features it is desired to preserve.

A classification of existing structures, premises, and uses likely to have an adverse effect on the desired character of the district, including those near and visually related to the district, with maps, photographs, and other data indicating the reasons for such classification.

District Regulations.

In order to promote general welfare through the preservation and protection of features of historical significance, no person shall be permitted to build, erect, construct, alter, destroy, or remove buildings or structures, or in any way change the outward appearance of any building or structure without having obtained approval for so doing by the Planning and Zoning Commission as herein created. Evidence of such required approval shall be a letter of approval issued by such Commission.

By general rule or by specific request in a particular case, the Planning and Zoning Commission may require submission of any or all of the following in connection with the application: architectural plans, site plans, landscaping plans, proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view (with indications as to construction materials, design of doors and windows, colors, and the like), photographs or perspective drawings indicating visual relationships to adjoining structures and spaces, and such other exhibits and reports as are necessary for its determinations after examination of the material submitted and field examination if necessary in the case, the Commission shall issue a letter of approval only if it finds that the proposal is in fact appropriate to the character, appearance, and efficient functioning of the district and meets requirements established by City Council.

Use Regulations. The HP Historic Preservation District shall function as an overlay to the Zoning District Map of Marshall. Those uses permitted by the Zoning Ordinance of Marshall, within the several zoning districts, shall be subject to the additional requirements of the HP District regulations if they fall within the HP District boundaries.

Residential structures shall be limited to the use for which they were originally intended and shall be used for occupancy in the manner for which they were originally designed.

Commercial, industrial, or public buildings shall be used according to the use regulations of their respective existing district.

Intensity Of Use Regulations. The Intensity of Use Regulations for the existing zoning district shall apply to the designated HP District.

Height Regulations. The height regulations for the existing zoning district shall apply to the designated HP District.

Yard Regulations.

The minimum yard regulations for the existing zoning district shall apply to the designated HP District.

To the extent that existing patterns of lotting contribute to the character of HP Districts, it is the intent of these regulations to encourage continuation of such patterns. It is further intended to prevent future fragmentation of land ownership likely to have adverse effects on such character. Lots or portions of lots existing in HP Districts may be combined, but no existing lot, or combination of lots, parcels, or portions thereof, in single ownership at the time of zoning to HP status shall be reduced in width, depth, or area without the approval of the Planning and Zoning Commission. The Commission may grant individual applications for such approval upon finding that such reduction would not adversely affect the character of the district in general or of surrounding property, or may establish general rules regarding approval to apply within the district or any subarea established.

Parking And Loading Or Unloading Regulations.

The parking and loading or unloading regulations for the existing zoning district shall apply to the designated HP District.

No required off-street parking or loading space shall be located in any required front yard.

Section 405.830 AH Airport Hazard District.

[Ord. No. 5757 § 31-84, 11-16-1981]

Intent.

It is hereby found that an airport hazard endangers the lives and property users of airports within the City of Marshall, and property or occupants of land in its vicinity, and in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of said airports and the public investment therein. Accordingly, it is declared:

That the creation or establishment of an airport hazard is a public nuisance;

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and

That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

Districts now existing or hereafter created shall be known and may be cited as "Airport Hazard Zoning District - AH."

Definitions. As used in this Section, unless the context otherwise requires:

AIRPORT

Any airport now existing or hereafter created within the City of Marshall.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet from mean sea level.

AIRPORT HAZARD

Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES

These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in Subsections (C) and (D) of this Section.

HEIGHT

For the purpose of determining the height limits in all zones set forth in the Section and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

HELIPORT PRIMARY SURFACE

The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.

NON-PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

NONCONFORMING USE

Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this Section or an amendment thereto.

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA-approved airport layout plan; a military service's approved military airport layout plan; any other FAA planning document, or military service's military airport planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulation (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

STOL PRIMARY SURFACE

An imaginary plane, three hundred (300) feet wide, centered on the runway, its length extends one hundred (100) feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

STRUCTURE

An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formation, and overhead transmission lines.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plant, or by any planning document submitted to the FAA by competent authority.

Airport Zones. There are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

Utility Runway Visual Approach And Non-Precision-Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is determined by the applicable distance in feet based on the primary surface width as set forth in FAR Part 77, as amended. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance five thousand (5,000) feet from the primary surface. Its center line being the continuation of the center line of the runway.

Runway Larger Than Utility With Visual Approach And Visibility Minimum As Low As 3/4 Mile Non-Precision-Instrument Approach Zone. The inner degree of the approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its center line being the continuation of the center line of the runway.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. Its center line being the continuation of the center line of the runway.

Heliport Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is three hundred (300) feet wide. The approach zone expands outward uniformly to a width of three thousand four hundred (3,400) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its center line being the continuation of the center line of the primary surface.

Fixed-Wing Transitional Zones. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach zones and at ninety-degree angles to the extended runway center line.

Heliport VFR And IFR Transitional Zones. These zones extend outward from the sides of the primary surface and a portion of the sides of the approach zones a horizontal distance of two hundred fifty (250) feet from the primary surface center line and the extended primary surface center line.

Horizontal Zone. The horizontal zone is hereby established by swinging arcs of five-thousand-foot radii for all runways designated utility or visual, and ten-thousand-foot radii for all other runways from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

Conical Zone. The conical zone is hereby established as the areas that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

Airport Zone Height Limitations.

Except as otherwise provided in this Section, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this Section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

Utility Runway Visual Approach And Non-Precision-Instrument Approach Zone AH. Slopes upward twenty (20) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway center line.

Runway Larger Than Utility With Visual Approach And Visibility Minimum As Low As 3/4 Mile Non-Precision-Instrument Approach Zone AH. Slopes upward thirty-four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line.

Precision Instrument Runway Approach Zone AH. Slopes upward fifty (50) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line, thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway center line.

Heliport Approach Zones AH. Slopes upward eight (8) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface, and extending to a distance of four thousand (4,000) feet along the extended primary surface center line.

Fixed-Wing Transitional Zones AH. Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation. In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven (7) feet horizontally for each foot vertically shall be maintained beginning at the sides and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway center line.

Heliport Transitional Zones AH. Slopes upward and outward two (2) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and a portion of the sides of the approach and extending a distance of two hundred fifty (250) feet measured horizontally from and at ninety-degree angles to the primary surface center line and heliport approach zone center line.

Horizontal Zone AH. One hundred and fifty (150) feet above the airport elevation.

Conical Zone AH. Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

Use Restrictions. Notwithstanding any other provisions of this Section, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Nonconforming Uses.

Regulations Not Retroactive. The regulations prescribed by this Section shall not be constituted to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section, and is diligently prosecuted.

Marking And Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is herby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator for the City of Marshall, to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Marshall.

Section 405.840 Planned Development Districts (PD).

[Ord. No. 6728 § 1, 10-4-1993]

Intent And Purpose Of District.

The intent of the Planned Development (PD) regulations is to permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations.

It is hereby intended to permit upon application and upon approval of site and use plans, the creation of Planned Development (PD) Districts. Suitability of such tracts for the PD District designation shall be determined by and shall be made in accordance with the comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, other public requirements, and with a reasonable consideration being given to, among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.

In PD Districts, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.

Application Of Planned Development (PD) District Provisions. A PD District may be proposed for any location in the City if it is in accordance with the provisions of this Article.

Effect Of Planned Development (PD) District Approval. Approval of a Planned Development (PD) District shall constitute an amendment to the Zoning Ordinance. Designation of a property as a Planned Development (PD) District in accordance with an approved development plan shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters PD followed by an identifying number.

Standards. All Planned Development Districts shall, at a minimum, satisfy the following standards and requirements.

Uses Permitted.

The Development Plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses that are to be permitted, the City Council may include or exclude uses from the Development Plan or include uses with attached conditions as appropriate to achieve the intent of these provisions.

In making its determination of the uses to be permitted within the PD District, the Council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD District, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the Master Plan and other adopted plans and policies.

Intensity Of Development. The Development Plan shall contain provisions to regulate the intensity of development within the Planned Development (PD) District. Such provisions may apply to the project as a whole or to subareas within the project as appropriate.

For nonresidential development, the intensity of development may be regulated: (a) by specifying an appropriate Floor Area Ratio(s) (FAR); (b) by specifying maximum square footage or gross leasable area; (c) by specifying setbacks, height and bulk restrictions; or (d) by a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other nonresidential activities. The City Council may impose such standards and restrictions as necessary to achieve the intent of this Article. In making its determination regarding the intensity of development and appropriate performance standards, the Council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with the Master Plan and other adopted plans and policies.

The residential density of a project shall be computed in accordance with the following formula:

Maximum Number of Dwelling Units = Entire area of the property to be utilized for residential purposes multiplied by the maximum density as shown by Table 1 below permitted within the zoning district(s) in effect for the property at the time of PD District application.

Table 1
Zoning District		Maximum Residential Density (DU/acre)
R-1	Single-Family	7
R-2	Two-Family	14
R-3	Multifamily Dwelling	30
C-1	Central Business	40
C-2	Highway Business	40
I-L	Light Industrial	Residential not permitted
I-H	Heavy Industrial	Residential not permitted

The permitted number of dwelling units may be distributed in any manner over the residential portions of the project consistent with the intent and provisions of this Article. The Development Plan shall specify distribution of residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding the distribution of residential densities, the Council may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services and the consistency with the Master Plan and other adopted plans and policies.

Bulk, Area And Height Requirements. The Development Plan shall specify bulk, area and height restrictions for the project as a whole or for subareas and/or components of the project, as appropriate. The City Council may impose alternate or additional standards or restrictions to achieve the intent of this Article. In making its determination regarding such standards or restrictions, the Council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of similar development within the area of the proposal and the consistency with the Master Plan and other adopted plans and policies.

Public Facilities. The Development Plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The City Council may impose conditions, restrictions and standards as appropriate to achieve the intent of this Chapter. In making its determination regarding such conditions, restrictions and standards, the Council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

Access To Public Thoroughfares. The Development Plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The City Council may impose such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this Article. In making its determination regarding such access standards and restrictions, the Council may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the Master Plan and other adopted plans and policies.

Off-Street Parking And Loading Requirements. Unless specifically modified by the Development Plan, the off-street parking and loading requirements contained within this Article shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

Signs. Unless specifically modified by the Development Plan, the sign regulations contained within this Article shall apply. Modifications to the sign regulations shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

Perimeter Treatment. The Development Plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The City Council may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

Procedure. Applications for Planned Development (PD) District designation shall be processed pursuant to a three-step review process as specified in this Section. The three-step procedure shall include: (1) a pre-application conference; (2) a preliminary development plan; and (3) a final development plan.

Pre-Application Conference. The Pre-Application Conference is an informal procedure to assist the applicant in meeting various requirements of the City and to provide an early preview of the application. To obtain further information, each applicant shall confer with the Director of Planning and interested department heads in connection with the preparation of the PD application. It shall be the responsibility of the Director of Planning to coordinate pre-application review. Upon review, the Director of Planning shall furnish the applicant with his written comments regarding the proposal including appropriate recommendations to inform and assist the applicant in preparing the PD application.

Preliminary Development Plan.

Upon satisfying the pre-application conference requirement, an applicant may submit a Preliminary Development Plan; the following information shall as a minimum be included in the application:

A legal description of the site proposed for (PD) designation, including a statement regarding present ownership and present zoning.

A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; amount of land in common area open space, recreation use or public use, if appropriate; the location, dimension and classifications of streets and drives, pedestrian movement systems; water areas, and flood-prone areas, if appropriate; and the treatment of project boundaries.

A written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site layouts, if appropriate; provisions for maintenance of common areas; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information required by this Article or pertinent to a determination of compliance with this Article.

A Circulation Plan that indicates roads adjoining the property, the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The Circulation Plan may be included as a part of the Master Conceptual Plan.

An Improvements Plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including the method and location of sewage discharge; methods and facilities for the management of stormwater runoff; improvements to streets and roads; and any other physical improvements required to support the project.

A statistical summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project, the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios and other data relating the intensity of development to the site size and location.

The following elements are optional:

(1)

A Sign Plan which indicates the location size, design and other pertinent provisions relating to signs within the project.

(2)

A Parking Plan which shows the number of parking spaces as well as their general location and design.

The Preliminary Development Plan shall be reviewed as a zoning amendment and shall be processed in the manner specified by this Article.

Final Development Plan.

Due to diversity in size and character of proposals considered under this Section, flexibility in the form, content and approval procedure of the Final Development Plan should be retained. Toward this end, the City Council shall specify, as part of its approval of the Preliminary Development Plan, the form, content and approval authority of the Final Development Plan.

In exercising this provision, the City Council may waive the Final Development Plan in its entirety or for specified portions of the project. Such waiver shall be granted only if the Preliminary Development Plan offers sufficient detail and assurances to adequately safeguard the public interest, or review procedures normally required by other regulations would offer adequate review to safeguard the public interest. Such waiver shall not be construed to waive review procedures otherwise required by City ordinances.

In the event the City Council considers a submission of a Final Development Plan necessary for all or part of the District, it shall so specify in its approval of the Preliminary Development Plan. The City Council may retain its authority to approve the Final Development Plan or may delegate its approval authority to the Planning and Zoning Commission or to specified administrative officials. In the event the approval authority is delegated, the City Council shall specify the limits of discretion to be exercised by the approving authority.

Subdivision Plats And Site Plans Required. Nothing in this Section shall be construed to prevent an applicant from submitting, at his option, a subdivision plat or site plan for simultaneous review with the Development Plan.

Section 405.850 through Section 405.950. (Reserved)