[Ord. No. 5757 § 31-73, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
[Ord. No. 6416 § 1, 7-3-1989; Ord. No. 6673 § 1, 1-19-1993]
1.
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.
2.
Public parks, playgrounds, recreation areas and community buildings
owned and operated by a public agency.
3.
Churches, synagogues and other similar places of worship.
4.
Golf courses, except miniature golf courses and driving tees
operated for commercial purposes.
5.
Greenhouses and nurseries.
6.
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.
7.
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.
8.
Public buildings including libraries and museums.
9.
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]
a.
Airport or heliport.
b.
Animal hospitals, clinics or kennels.
c.
Cemetery or crematory.
d.
Drive-in theaters.
e.
Isolation homes, penal institutions, sanitariums or asylums
for the insane or mentally retarded.
f.
Nursing and care homes subject to inspection and license requirements.
g.
Seasonal or temporary uses such as recreation camp or similar
enterprise.
h.
Telephone exchange, electrical substations or similar public
utilities.
i.
Any public building erected or land used by any department of
the City, County, State or Federal government.
j.
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.)
k.
Public buildings including libraries, museums and hospitals.
[Ord. No. 6416, 7-3-1989]
l.
Vehicle parking, not to exceed fifty percent (50%) of the entire
tract lying within the City.
m.
Day care centers.
[Ord. No. 8230 § 2, 8-3-2015]
E.
Height Regulations. Except as otherwise provided herein, no building
or structure shall exceed the following height restrictions:
1.
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.
F.
Yard Regulations.
1.
Front Yard. The front yards in this district shall be a minimum
depth of forty (40) feet.
2.
Side Yard. The side yards in this district for every dwelling,
except accessory buildings, shall be not less than twenty-five (25)
feet.
3.
Rear Yard. The rear yards in this district for every dwelling
except accessory buildings, shall be not less than forty (40) feet.
G.
Parking Regulations.
1.
Dwellings. Two (2) off-street parking spaces shall be provided
for each dwelling unit.
2.
Schools. Schools shall be provided with off-street parking spaces
as follows:
3.
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.
[Ord. No. 5757 § 31-74, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Single-family dwellings.
2.
Public parks and recreation areas and community buildings owned
and operated by a public agency.
3.
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).
4.
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.
5.
Public or parochial schools, elementary, junior high and high
schools and private schools with equivalent curriculum.
6.
Accessory buildings and uses.
7.
Home occupations, only within the principal residential structure.
8.
Golf courses, except miniature and pitch-and-putt golf courses
and driving tees operated for commercial purposes.
9.
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.
a.
Any public building erected or land used by any department of
the City, County, State or Federal government.
b.
Telephone exchange, electric substations, cable TV or other
similar public utilities.
c.
Cemetery or crematory.
d.
Group day-care home and day-care center.
e.
Tourist home.
[Ord. No. 6187 § 3, 8-4-1986]
f.
Hospitals.
[Ord. No. 6416 § 2, 7-3-1989]
g.
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]
h.
Senior housing for women consisting of living units without cooking
facilities.
[Ord. No. 8421, 6-18-2018]
D.
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]
E.
Height Regulations. No building shall exceed forty-five (45) feet
in height.
F.
Yard Regulations.
1.
Front Yards.
[Ord. No. 5916 § 1, 10-3-1983]
a.
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.
b.
Where lots have double frontage, the required front yard shall
be provided on both streets.
c.
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.
2.
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.
3.
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.
G.
Parking Regulations. The following number of off-street parking spaces
are required in District R-1 for the following uses:
1.
Single family: two (2) spaces per dwelling unit.
2.
Churches: one (1) parking space for each six (6) seats based
upon the maximum designated seating capacity, including choir lofts.
3.
Elementary, junior high and equivalent parochial and private
schools: two (2) for each classroom.
4.
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.
5.
Stadiums, auditoriums or gymnasiums: one (1) parking space for
each three and one-half (3.5) seats based upon the maximum designated
seating capacity.
[Ord. No. 5757 § 31-75, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Single-family dwellings.
2.
Public parks and recreation areas and community buildings owned
and operated by a public agency.
3.
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).
4.
Accessory buildings and uses.
5.
Public or parochial schools, elementary, junior high and high
schools and private schools with equivalent curriculum.
6.
Group day-care homes under the following regulations:
[Ord. No. 5847 § 2, 12-6-1982]
a.
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.
b.
That such uses are located in the dwelling used by the operator
as his or her private residence.
c.
That no assistant other than a member of the family household
is employed.
d.
That no advertising or identification sign shall be placed on
the premises.
7.
Home occupations (permitted in attached accessory buildings
or principle residential structures).
8.
Golf courses, except miniature and pitch-and-putt golf courses
and driving tees operated for commercial purposes.
9.
Duplexes.
a.
Two-family townhomes, subject to the following regulations:
[Ord. No. 7512 § 2, 2-2-2004]
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:
a.
Any public building erected or land used by any department of
the City, County, State or Federal Government.
b.
Telephone exchange, electric substations, cable TV or other
similar public utilities.
c.
Apartments with three (3) or more dwelling units.
d.
Boarding and lodging house.
e.
Dormitories or institutional housing.
f.
Funeral homes.
g.
Cemetery.
h.
Day-care center.
i.
Non-profit institution.
j.
Nursing homes.
k.
Tourist home.
[Ord. No. 6187 § 4, 8-4-1986]
l.
Hospitals.
[Ord. No. 6416 § 3, 7-3-1989]
D.
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]
E.
Height Regulations. No building shall exceed forty-five (45) feet
in height.
F.
Yard Regulations.
1.
Front Yards.
[Ord. No. 5916 § 2, 10-3-1983]
a.
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.
b.
Where lots have double frontage, the required front yard shall
be provided on both streets.
c.
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.
2.
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.
3.
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.
G.
Parking Regulations. The following number of off street parking spaces
are required in District R-2 for the following uses:
1.
Single-family and two-family units: two (2) spaces per dwelling
unit.
2.
Three-or-more-dwelling-unit apartment: two (2) spaces per dwelling
unit.
3.
Churches: one (1) parking space for each six (6) seats based
upon the maximum designated seating capacity, including choir lofts.
4.
Elementary, junior high and equivalent parochial and private
schools: two (2) for each classroom.
5.
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.
6.
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.
7.
Lodges, non-profit institutions or other similar buildings:
one (1) parking space for each three (3) seats based on the design
maximum seating capacity.
8.
Boarding or lodging houses: one (1) parking space per each three
(3) sleeping rooms or fraction thereof.
9.
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.
[Ord. No. 5917 § 1, 10-3-1983]
A.
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.
B.
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.
C.
Use
Regulations.
1.
Low-density multifamily dwelling units subject to the intensity of
use regulations.
2.
Public parks and recreation areas and community buildings owned and
operated by a public agency.
3.
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).
4.
Accessory buildings and uses.
5.
Public or parochial schools, elementary, junior high and high schools
and private schools with equivalent curriculum.
6.
Family day-care homes and group day-care homes under the following
regulations:
a.
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.
b.
That such uses are located in the dwelling used by the operator as
his or her residence.
c.
That no assistant other than a member of the family household is
employed.
d.
That no advertising or identification sign shall be placed on the
premises.
7.
Home occupations (permitted in attached accessory buildings or principle
residential structures).
D.
E.
Height
Regulations.
1.
Maximum structure height: forty-five (45) feet or two and one-half
(2 1/2) stories, whichever is smaller.
2.
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.
F.
H.
Parking
Regulations.
1.
All dwelling units: one and one-half (1 1/2) spaces per dwelling
unit. Efficiency apartments shall have one (1) space.
2.
Churches: one (1) parking space for each six (6) seats based upon
the maximum designated seating capacity, including choir lofts.
3.
All other uses will be the same as the R-2 Zoning District requirements.
[Ord. No. 5757 § 31-76, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Mobile home parks, subject to the following regulations:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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]
2.
Churches, synagogues, and other similar places of worship.
3.
Public and parochial schools.
4.
Home occupations.
5.
Accessory buildings and uses.
D.
Water Supply.
1.
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.
2.
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.
3.
Individual water service connections shall be provided at each
mobile home space.
4.
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.
E.
Sewage Disposal.
1.
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.
2.
All sewage systems shall be designed by a licensed professional
engineer and shall be submitted to the appropriate governing body
for their approval.
3.
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.
F.
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.
G.
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.
H.
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.
I.
Parking Regulations. There shall be two (2) off-street parking spaces
for each mobile home.
[Ord. No. 5757 § 31-77, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Mobile home subdivisions:
a.
Provided that the mobile home subdivision is platted in accordance
with the adopted Subdivision Regulations.
b.
Provided all mobile homes shall have a sheeting material covering
all openings under the mobile home and fastened to it.
c.
Provided any foundation not used for 120 continuous days shall
be removed or enclosed by a four-foot picket or similar fence.
2.
Churches, synagogues and other similar places of worship.
3.
Public and parochial schools.
4.
Home occupations.
5.
Accessory buildings and uses.
D.
Intensity Of Use Regulations.
E.
Height Regulations. No building or structure shall exceed thirty-five
(35) feet in height.
F.
Yard Regulations.
1.
Front Yards.
a.
The front yard shall be a minimum of twenty-five (25) feet in
depth measured from the front lot line.
b.
Where lots have double frontage, the required front yard shall
be provided on both streets.
c.
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.
2.
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.
3.
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.
G.
Parking Regulations.
1.
Residences: two (2) parking spaces.
2.
Churches: one (1) parking space for each four (4) seats based
upon the maximum designed seating capacity, including choir lofts.
3.
Elementary, junior high and equivalent parochial and private
schools: two (2) for each classroom.
4.
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.
5.
Stadiums, gymnasiums, and auditoriums: one (1) parking space
for each three and one-half (3.5) seats based on the designed seating
capacity.
[Ord. No. 5757 § 31-78, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Amusement places.
2.
Animal hospitals, clinics, and kennels providing the establishment
and runs are completely enclosed in a building.
3.
Antique shops and stores, providing all merchandise is displayed
and sold inside a building.
4.
Apartments on floors other than the ground floor.
5.
Apparel and accessory stores.
6.
Appliance sales and service.
7.
Art and art supply stores.
8.
Artist studio.
9.
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.
87.
Tailor shops.
88.
Taverns.
89.
Theaters.
90.
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]
a.
Apartments on the ground floor.
D.
Intensity Of Use Regulations. Automobile, truck or boat sales shall
have at least five thousand (5,000) square feet of contiguous display
area.
E.
Height Regulations. A building may be erected to any height, not
in conflict with other regulations.
F.
Yard Regulations.
1.
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.
2.
Side Yards. No side yard is required for any building in the
C-1 Central Business District.
3.
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.
G.
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.
H.
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.
I.
Parking Regulations. Off-street parking is not required.
[Ord. No. 5757 § 31-79, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Animal hospitals.
2.
Arcades.
3.
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.
4.
Bakeries and pastry shops.
5.
Banks and other lending institutions.
6.
Beauty and barber shops.
7.
Bicycle sales and repair shops.
8.
Retail automotive accessory shops.
9.
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.
32.
Photography studios.
33.
Pool halls.
34.
Printing shops.
35.
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:
a.
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.
b.
Drive-in theaters.
c.
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.
d.
Day-care centers.
[Ord. No. 8230 § 1, 8-3-2015]
e.
Boarding kennels.
[Ord. No. 8415, 5-7-2018]
D.
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.
E.
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.
F.
Yard Regulations.
[Ord. No. 7576 § 1, 10-18-2004]
1.
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:
a.
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]
b.
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.
c.
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.
2.
Side Yards. There shall be a side yard on each side of a building
having a width of not less than five (5) feet.
3.
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.
4.
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.
G.
Loading And Unloading Regulations.
1.
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.
a.
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.
H.
Parking Regulations. Off-street parking spaces shall be provided
as follows:
1.
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.
2.
Banks, post office and business and professional office: one
(1) parking space for each three hundred (300) square feet of gross
floor area.
3.
Bowling alley: five (5) parking spaces for each lane.
4.
Car wash: three (3) holding spaces for each car washing stall
plus two (2) drying spaces for each car washing stall.
5.
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.
6.
Furniture and appliance stores, household equipment or furniture
repair shop: one (1) parking space for each four hundred (400) square
feet of floor area.
7.
Medical and dental clinics or offices: one (1) parking space
for each one hundred (100) square feet of gross floor area.
8.
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.
9.
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.
[Ord. No. 5757 § 31-80, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Animal hospitals or clinics.
2.
Auto repair and body shops.
3.
Bakeries.
4.
Book binders.
5.
Bottling works.
6.
Building material sales (except for ready-mix concrete and similar
uses which emit dust, odor, or smoke).
7.
Canning or preserving factories.
8.
Carpenter, cabinet, plumbing, or sheet-metal shops.
9.
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.
15.
Frozen food lockers.
16.
Freight terminals.
17.
Garment factory.
18.
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:
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]
D.
Intensity Of Use Regulations.
1.
A building structure or use, allowed in this district, may occupy
not more than seventy-five percent (75%) of the lot area.
2.
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.
E.
Height regulations: none.
F.
Yard Regulations.
1.
Front Yard. No front yard shall be required for uses permitted
in this district.
2.
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.
3.
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.
G.
Parking Regulations.
1.
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:
a.
Service stations: one (1) parking space for every two (2) regular
employees plus two (2) spaces for each service bay.
2.
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]
3.
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.
H.
Traffic Regulations.
1.
No loading or unloading operation shall be permitted in the
right-of-way of any street or alley.
2.
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]
I.
Loading And Unloading Regulations.
1.
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.
2.
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.
[Ord. No. 5757 § 31-81, 11-16-1981]
A.
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.
B.
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.
C.
Use Regulations.
1.
Auto repair and body shop.
2.
Bottling works.
3.
Blacksmith shop.
4.
Book binderies.
5.
Building materials, storage, and sales.
6.
Canning and preserving factories.
7.
Carpenter, cabinet, plumbing, and sheet metal shops.
8.
Carpet cleaning establishments.
9.
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.
24.
Laundries.
25.
Lumber yards.
26.
Machine yards.
27.
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.
a.
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.
b.
Petroleum refining.
c.
Stockyard and slaughterhouses.
d.
Ready-mix concrete and asphalt mix plants.
e.
Manufacturing or storage of bulk oil, gas and explosives.
f.
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]
E.
Height regulations: none.
F.
Yard Regulations.
1.
Front Yard. No front yard shall be required for uses permitted
in this district.
2.
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.
3.
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.
G.
Parking Regulations.
1.
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.
2.
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]
3.
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.
H.
Traffic Regulations.
1.
No loading or unloading operation shall be permitted in the
right-of-way of any street or alley.
2.
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]
I.
Loading And Unloading Regulations.
1.
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.
2.
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.
[Ord. No. 5757 § 31-83, 11-16-1981]
A.
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.
B.
Application For Historic Preservation District Designation.
1.
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.
2.
Proposed district boundaries shall in general be drawn to include
all appropriate properties reasonably near to each other within the
area.
3.
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:
a.
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;
b.
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.
c.
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.
C.
District Regulations.
1.
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.
2.
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.
D.
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.
1.
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.
2.
Commercial, industrial, or public buildings shall be used according
to the use regulations of their respective existing district.
E.
Intensity Of Use Regulations. The Intensity of Use Regulations for
the existing zoning district shall apply to the designated HP District.
F.
Height Regulations. The height regulations for the existing zoning
district shall apply to the designated HP District.
G.
Yard Regulations.
1.
The minimum yard regulations for the existing zoning district
shall apply to the designated HP District.
2.
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.
[Ord. No. 5757 § 31-84, 11-16-1981]
A.
Intent.
1.
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:
a.
That the creation or establishment of an airport hazard is a
public nuisance;
b.
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
c.
That the prevention of these hazards should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
2.
Districts now existing or hereafter created shall be known and
may be cited as "Airport Hazard Zoning District - AH."
B.
AIRPORT
AIRPORT ELEVATION
AIRPORT HAZARD
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
HEIGHT
HELIPORT PRIMARY SURFACE
NON-PRECISION-INSTRUMENT RUNWAY
NONCONFORMING USE
PERSON
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE
RUNWAY
STOL PRIMARY SURFACE
STRUCTURE
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. As used in this Section, unless the context otherwise
requires:
Any airport now existing or hereafter created within the
City of Marshall.
The highest point of an airport's usable landing area
measured in feet from mean sea level.
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.
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.
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.
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.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Section
or an amendment thereto.
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.
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.
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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
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.
An object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks, earth formation,
and overhead transmission lines.
Any object of natural growth.
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.
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.
C.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
D.
Airport Zone Height Limitations.
1.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
Horizontal Zone AH. One hundred and fifty (150) feet above the
airport elevation.
h.
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.
2.
Where an area is covered by more than one (1) height limitation,
the more restrictive limitation shall prevail.
E.
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.
F.
Nonconforming Uses.
1.
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.
2.
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.
[Ord. No. 6728 § 1, 10-4-1993]
A.
Intent And Purpose Of District.
1.
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.
2.
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.
3.
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.
B.
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.
C.
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.
D.
Standards. All Planned Development Districts shall, at a minimum,
satisfy the following standards and requirements.
E.
Uses Permitted.
1.
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.
2.
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.
F.
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.
1.
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.
2.
The residential density of a project shall be computed in accordance
with the following formula:
a.
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
|
b.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
Preliminary Development Plan.
1.
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.
A legal description of the site proposed for (PD) designation,
including a statement regarding present ownership and present zoning.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
2.
The Preliminary Development Plan shall be reviewed as a zoning
amendment and shall be processed in the manner specified by this Article.
P.
Final Development Plan.
1.
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.
2.
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.
3.
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.
Q.
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.
