(a)
(b)
Specific district regulations are set forth in this division.
(2002 Code, sec. 54-101)
Where uncertainty exists with respect to the boundaries of any
of the districts as shown on the zoning map, the following rules shall
apply:
(1)
Where district boundaries are indicated as approximately following
the centerlines of streets or highways, street lines or highway right-of-way
lines, such centerlines, street lines, or highway right-of-way lines
are construed to be such boundaries.
(2)
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines are construed to be the boundaries.
(3)
Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines
or right-of-way lines of highways, such district boundaries are construed
as being parallel thereto and at such scaled distance therefrom as
indicated on the zoning map.
(4)
Where the boundary of a district line follows a railroad line, such
boundary is deemed to be located on the easement line to which it
is closest, which shall completely include or exclude the railroad
easement unless otherwise designated.
(2002 Code, sec. 54-102)
Whenever any street, alley or other public easement is vacated,
the district classification of the property to which the vacated portions
of land accrue shall become the classification of the vacated land.
(2002 Code, sec. 54-103)
(a)
Intent.
This A general agricultural district is intended
to provide a location for land situated on the fringe of the urban
area that is used for agricultural purposes, but will be undergoing
urbanization in the future. Most of these areas will be in close proximity
to residential and commercial uses. Therefore, the agricultural activities
conducted in this district should not be detrimental to urban land
uses. It is not intended that this A district provide a location for
a lower standard of residential, commercial, or industrial development
than is authorized in other districts. The types of uses, area and
intensity of use of land which is authorized in this A district is
designed to encourage and protect agricultural uses until urbanization
is warranted and the appropriate change in district classification
is made.
(b)
Uses permitted.
Property and buildings in an A general
agricultural district may be used only for the following purposes:
(1)
Detached single-family dwellings;
(2)
Freestanding mobile home in accordance with the provisions contained in section 14.03.186 [division 4 of this article];
(3)
Churches;
(4)
Public schools or schools offering the same general educational courses
as ordinarily given in the public schools and having no rooms regularly
used for housing or sleeping for students;
(5)
All agricultural land uses, buildings and activities;
(6)
The raising of farm animals in accordance with ordinances;
(7)
All of the following uses:
(A)
Country club;
(B)
Golf course or driving range;
(C)
Home occupation;
(D)
Library;
(E)
Municipal use;
(F)
Park or playground;
(G)
Plant nursery;
(H)
Public service or utility use;
(I)
Advertising sign;
(J)
Bulletin board or sign, not exceeding 40 square feet in area appertaining
to the lease, hire, or sale of a building or premises, which board
or sign is removed as soon as the premises are leased, hired or sold;
(K)
Accessory buildings which are not a part of the main building, including
barns, sheds, and other farm buildings, private garages and accessory
buildings which are a part of the main building;
(L)
Sign or display, not exceeding two in number, advertising the residential,
commercial or industrial development of the land on which the sign
or display is situated. All signs or displays shall be removed immediately
upon completion of the development, but in no case shall they be permitted
to remain longer than three years from the date of issuance of the
special permit The type, location and lighting of the sign or display
shall be such as to not be detrimental to the use of adjacent properties,
or restrict the sight distance on public streets; and
(M)
Medical marijuana grow facilities.
(c)
Special exceptions.
The following uses may be permitted
in the A district on review in accordance with the provisions contained
in this article:
(1)
Lodge hall, veteran’s organization, and service organization;
(2)
Airport or landing field;
(3)
Cemetery, in accordance with state law;
(4)
Kennel;
(5)
Radio and television station and transmission tower;
(6)
Stable, public;
(8)
Drilling for oil or natural gas or the extraction of sand, gravel
or minerals; provided that the operation is conducted in accordance
with the provisions of ordinances and state laws and regulations relating
thereto;
(9)
Veterinary hospital;
(10)
Transportation, pipeline, and utility easements and rights-of-way;
(11)
Temporary roadside stands for the sale of farm products grown on
the premises; provided, however, that up to 15 percent of the display
area for produce may be used for the sale of products not grown on
the premises. The temporary structure is required to be set back from
the roadway only an adequate distance to permit parking and ingress
and egress, and shall not be constructed in such a location as would
create an undue traffic hazard subject to the regulations and recommendations
of the engineer; and
(12)
Medical marijuana processing facilities.
(d)
Area regulations.
All buildings in the A district shall be set back from street rights-of-way or property lines to comply with the following yard requirements, except as provided in section 10.02.102 [14.03.122]:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard shall be 50 feet from the street
right-of-way or 100 feet from the centerline of the street right-of-way,
whichever is greater;
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line of greater than 100 feet, and
no building varies more than five feet from this average setback line,
then no buildings shall be erected closer to the street line than
the minimum setback so established by existing buildings; but this
regulation shall not require a front yard of greater depth than 100
feet; and
(C)
When a yard has double frontage, the front yard requirements shall
apply on both streets.
(2)
Side yard regulations are as follows:
(A)
For one-story dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than 15 feet and of not less than 20 feet for dwellings of more than one story, except as provided in section 10.02.102 [14.03.122]. For unattached buildings of accessory use, there shall be a side yard of not less then five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
(B)
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than 15 feet if such lot is back to back with another corner lot,
and 20 feet in every other case. The interior side yard shall be the
same as for dwellings and accessory buildings on an interior lot.
(C)
Churches and main and accessory buildings, other than dwellings,
and buildings accessory to dwellings, shall be set back from all exterior
and interior side lot lines a distance of not less than 35 feet.
(3)
There shall be a rear yard for a main building of not less than 20
feet or 20 percent of the depth of the lot, whichever amount is smaller.
Unattached buildings of accessory use may be located in the rear yard
of a main building.
(4)
For dwellings there shall be a minimum lot width of 275 feet.
(5)
Intensity of use:
(A)
For each dwelling, mobile home and buildings accessory thereto, there
shall be a lot area of not less than four acres.
(B)
Where a lot has less area than required and all of the boundary lines of that lot touch lands under other ownership at the effective date of the ordinance from which this article is derived, that lot may be used for one single-family dwelling unit, freestanding mobile home or for the uses set forth in section 14.03.055(b) but not for the raising of animals.
(C)
For churches and main and accessory buildings other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this article and the off-street
parking areas required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 40 percent
of the lot area. Accessory buildings shall not cover more than 20
percent of the rear yard.
(2002 Code, sec. 54-104; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This R-1 rural single-family residential district
is intended to provide a location for the land situated on the fringe
of the urban area that may be either agricultural or urban in character.
This area commonly has been subdivided by ownership into various shaped
tracts usually ranging from less than an acre to 20 acres in size.
The use of land in these areas will represent a variety of urban and
rural uses including the single-family dwelling unit on a small tract,
residential uses with farm animals on acreages and agricultural endeavors
of a limited scale. It is the purpose of this R-1 district to promote
a compatibility between uses and to encourage and provide an orderly
transition from agricultural to urban uses.
(b)
Uses permitted.
Property and buildings in an R-1 rural
single-family residential district may be used only for the following
purposes:
(1)
Detached single-family home;
(2)
Church;
(3)
Public school or school offering the same general educational courses
as ordinarily given in the public schools and having no rooms regularly
used for housing or sleeping for students;
(4)
Public park or playground;
(5)
Library;
(6)
Garden or agricultural crops but not for the raising of livestock;
(7)
Home occupation;
(8)
Accessory buildings which are not a part of the main building, including
a private garage[,] or accessory buildings which are a part of the
main building, including a private garage;
(9)
Bulletin board or sign, not exceeding 40 square feet in area appertaining
to the lease, hire or sale of a building or premises, which board
or sign is removed as soon as the premises are leased, hired, or sold;
and
(10)
Temporary building of the construction industry which is incidental
to the erection of buildings permitted in this R-1 district, and which
are removed when construction work is completed.
(c)
Special exceptions.
The following uses may be permitted
in the R-1 district on review in accordance with the provisions contained
in this article:
(1)
Municipal use, public building and public utility;
(2)
Plant nursery in which no building or structure is maintained in
connection therewith;
(3)
Golf club;
(4)
Sign or display, not exceeding two in number advertising the residential,
commercial or industrial development of the land on which the sign
or display is situated; all signs or displays shall be removed immediately
upon completion of the development, but in no case shall they be permitted
to remain longer than three years from the date of issuance of the
special permit; the type, location and lighting of the sign or display
shall not be detrimental to the use of adjacent properties, or restrict
the sight distance on public streets;
(5)
Nationally recognized lodge halls, fraternal organizations, and veterans’
organizations; provided, however, that any club organized primarily
for the purpose of dispensing or drinking alcoholic beverages shall
not be permitted;
(6)
Greenhouse, provided that the lot shall have a frontage on a major
street of not less than 80 feet with a land area of not less than
20,000 square feet and the greenhouse is located within 300 feet of
a major street with a setback from the side lot lines of not less
than 25 feet and in accordance with front building line requirements;
and
(d)
Area regulations.
All buildings in the R-1 district shall be set back from street rights-of-way or property lines to comply with the following, except as provided in section 14.03.122:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard shall be 25 feet.
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line of greater than 25 feet, and
no building varies more than five feet from this average setback line,
then no building shall be erected closer to the street line than the
minimum setback so established by the existing buildings; but this
article shall not require a front yard of greater depth than 40 feet.
(C)
When a yard has double frontage, the front yard requirements shall
be met on both streets.
(2)
Side yard regulations are as follows:
(A)
For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than 15 feet and of not less than 20 feet for dwellings of more than one story, except as provided in section 14.03.122. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
(B)
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than 35 feet, and from exterior side lot lines a distance not less
than 25 feet.
(3)
There shall be a rear yard for a main building of not less than 20
feet or 20 percent of the depth of the lot, whichever amount is smaller.
Unattached buildings of accessory use may be located in the rear yard
of a main building.
(4)
There shall be a lot width of 100 feet at the front building line,
and such lot shall abut on a street for a distance of not less than
60 feet.
(5)
Intensity of use:
(A)
For each dwelling, and buildings accessory thereto, there shall be
a lot area of not less than 22,500 square feet.
(B)
Where a lot has less area than required in this section and all the
boundary lines of that lot touch lands under other ownership on the
effective date of the ordinance from which this article is derived,
that lot may be used for any of the uses, except churches, permitted
by this section.
(C)
For churches and main and accessory buildings, other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this section and the off-street
parking areas required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 40 percent
of the lot area. Accessory buildings shall not cover more than 20
percent of the rear yard.
(2002 Code, sec. 54-105)
(a)
Intent.
The principal use of land in this R-2 single-family
residential district is for single-family dwellings and related recreational,
religious, and educational facilities normally required to provide
the basic elements of a balanced and attractive residential area.
These areas are intended to be defined and protected from the encroachment
of uses not performing a function necessary to the residential environment.
Internal stability, attractiveness, order and efficiency are encouraged
by providing for adequate light, air and open space for dwellings
and related facilities and through consideration of the proper functional
relationship of each element.
(b)
Uses permitted.
Property and buildings in an R-2 single-family
residential district may be used only for the following purposes:
(1)
Detached single-family dwelling;
(2)
Church;
(3)
Public school or school offering the same general educational courses
as ordinarily given in public schools and having no rooms regularly
used for housing and sleeping for students;
(4)
Public park or playground;
(5)
Library;
(6)
Garden or agricultural crops but not for the raising of livestock;
(7)
Home occupation;
(8)
Accessory buildings which are not a part of the main building, including
a private garage[,] or accessory buildings which are a part of the
main building, including a private garage;
(9)
Bulletin board or sign, not exceeding 40 square feet in area appertaining
to the lease, hire or sale of a building or premises, which board
or sign shall be removed as soon as the premises are leased, hired,
or sold;
(10)
Temporary building of the construction industry which is incidental
to the erection of buildings permitted in this R-2 district, and which
shall be removed when construction work is completed.
(c)
Special exceptions.
The following uses may be permitted
in the R-2 district on review in accordance with provisions contained
in this article:
(1)
Municipal use, public building and public utility;
(2)
Plant nursery in which no building or structure is maintained in
connection therewith;
(3)
Golf club;
(4)
Sign or display, not exceeding two in number advertising the residential,
commercial or industrial development of the land on which the sign
or display is situated; all signs or displays shall be removed immediately
upon completion of the development, but in no case shall they be permitted
to remain longer than three years from the date of issuance of the
special permit; the type, location and lighting of the sign or display
shall not be detrimental to the use of adjacent properties, or to
restrict the sight distance on public streets;
(5)
Nationally recognized lodge halls, fraternal organizations, and veterans’
organizations; provided, however, that any club organized primarily
for the purpose of dispensing of drinking alcoholic beverages shall
not be permitted;
(6)
Greenhouse, provided that the lot shall have a frontage on a major
street of not less than 80 feet with a land area of not less than
20,000 square feet and the greenhouse shall be located within 300
feet of a major street with a setback from the side lot lines of not
less than 25 feet and in accordance with front building line requirements;
and
(d)
Area regulations.
All buildings in the R-2 district shall be set back from street rights-of-way or property lines to comply with the following, except as provided in section 14.03.122:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard shall be 25 feet.
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line of greater than 25 feet, and
no building varies more than five feet from this average setback line,
then no building shall be erected closer to the street line than the
minimum setback so established by the existing buildings; but this
article shall not require a front yard of greater depth than 40 feet.
(C)
When a yard has double frontage, the front yard requirements shall
be met on both streets.
(2)
Side yard regulations are as follows:
(A)
For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than eight feet and of not less than ten feet for dwellings of more than one story, except as provided in section 14.03.122. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
(B)
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than 15 feet if such lot is back to back with another corner lot,
and 20 feet in every other case. The interior side yard shall be the
same as for dwellings and accessory buildings on an interior lot.
(C)
Churches and main and accessory buildings, other than dwellings,
shall be set back from all interior side lot lines a distance of not
less than 35 feet, and from exterior side lot lines a distance not
less than 25 feet.
(3)
There shall be a rear yard for a main building of not less than 20
feet or 20 percent of the depth of the lot, whichever amount is smaller.
Unattached buildings of accessory use may be located in the rear yard
of a main building.
(4)
For dwellings, there shall be a minimum lot width of 50 feet at the
front building line, and such lot shall abut on a street for a distance
of not less than 35 feet.
(5)
Intensity of use:
(A)
For each dwelling, and buildings accessory thereto, there shall be
a lot area of not less than 6,000 square feet.
(B)
Where a lot has less area than required in this section and all the
boundary lines of that lot touch lands under other ownership on the
effective date of the ordinance from which this article is derived,
that lot may be used for any of the uses, except churches, permitted
by this section.
(C)
For churches and main and accessory buildings, other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this section and the off-street
parking areas required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 40 percent
of the lot area. Accessory buildings shall not cover more than 20
percent of the rear yard.
(2002 Code, sec. 54-106)
(a)
Intent.
This R-3 mobile home residential district is
intended to provide an area with a low population density and having
restrictions similar to those for the R-1 district. A variety of land
use activities, including single-family dwellings and mobile homes
on small acreages and agricultural operations of small scale would
be accommodated. It is the purpose of this R-3 district to afford
a peaceful, healthy, and safe living environment in a rural country
setting located on the urban fringe of the community.
(b)
Uses permitted.
Property and buildings in an R-3 rural
mobile home residential district may be used only for the following
purposes:
(c)
Special exceptions.
The following uses may be permitted
in the R-3 district on review in accordance with the provisions contained
in this article:
(1)
Municipal use, public building and public utility;
(2)
Plant nursery in which no building or structure is maintained in
connection therewith;
(3)
Golf club;
(4)
Sign or display, not exceeding two in number advertising the residential,
commercial or industrial development of the land on which the sign
or display is situated; all signs or displays shall be removed immediately
upon completion of the development, but in no case shall they be permitted
to remain longer than three years from the date of issuance of the
special permit; the type, location and lighting of the sign or display
shall be such as to not be detrimental to the use of adjacent properties,
or restrict the sight distance on public streets;
(5)
Nationally recognized lodge halls, fraternal organizations, and veterans’
organizations; provided, however, that any club organized primarily
for the purpose of dispensing or drinking alcoholic beverages shall
not be permitted;
(6)
Greenhouse, provided that the lot shall have a frontage on a major
street of not less than 80 feet with a land area of not less than
20,000 square feet and the greenhouse shall be located within 300
feet of a major street with a setback from the side lot lines of not
less than 25 feet and in accordance with front building line requirements;
and
(d)
Area regulations.
All buildings in the R-3 district shall be set back from street rights-of-way or property lines to comply with the following yard requirements, except as provided in section 14.03.122:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard shall be 25 feet.
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line of greater than 25 feet, and
no building varies more than five feet from this average setback line,
then no building shall be erected closer to the street than the minimum
setback so established by the existing buildings; but this article
shall not require a front yard of greater depth than 40 feet.
(C)
When a yard has double frontage, the front yard requirements shall
be met on both streets.
(2)
Side yard regulations are as follows:
(A)
For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than 15 feet and of not less than 20 feet for dwellings of more than one story, except as provided in section 14.03.122. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
(B)
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than 15 feet if such lot is back to back with another corner lot,
and 20 feet in every other case. The interior side yard shall be the
same as for dwellings and accessory buildings on an interior lot.
(C)
Churches and main and accessory buildings, other than dwellings,
shall be set back from all interior lot lines a distance of not less
than 35 feet, and from exterior side lot lines a distance not less
than 25 feet.
(3)
There shall be a rear yard for a main building of not less than 20
feet or 20 percent of the depth of the lot, whichever amount is smaller.
Unattached buildings of accessory use may be located in the rear yard
of a main building.
(4)
For dwellings, there shall be a minimum lot width of 100 feet at
the front building line, and such lot shall abut a street for a distance
of not less than 60 feet.
(5)
Intensity of use:
(A)
For each dwelling, and buildings accessory thereto, there shall be
a lot area of not less than 22,500 square feet.
(B)
Where a lot has less area than required in this section and all the
boundary lines of that lot touch lands under other ownership on the
effective date of the ordinance from which this article is derived,
that lot may be used for any of the uses, except churches, permitted
in the R-2 single-family residential district.
(C)
For churches and main and accessory buildings, other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this section and the off-street
parking areas required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 40 percent
of the lot area. Accessory buildings shall not cover more than 20
percent of the rear yard.
(2002 Code, sec. 54-107)
(a)
Intent.
It is intended that this R-4 mobile home residential
district provide for higher population densities which are more urban
in character and have restrictions similar to those for the R-2 district.
A range of activities including single-family dwellings and mobile
homes along with the required educational and recreational uses for
the residential area would be accommodated. The purpose of this R-4
district is to afford all persons an opportunity to enjoy the benefits
of a safe and healthy living environment.
(b)
Uses permitted.
Property and buildings in an R-4 mobile
home residential district may be used only for the following purposes:
(c)
Special exceptions.
The following use may be permitted
in the R-4 district on review in accordance with the provisions contained
in this article: Any special exception permitted on review in the
R-2 single-family residential district.
(d)
Area regulations.
All buildings in the R-4 district shall be set back from street rights-of-way or property lines to comply with the following front yard requirements, except as provided in section 14.03.122:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard shall be 25 feet.
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line greater than 25 feet, and no
building varies more than five feet from this average setback line,
then no buildings shall be erected closer to the street line than
the minimum setback so established by existing buildings; but this
article shall not require a front yard of greater depth than 40 feet.
(C)
When a yard has double frontage, the front yard requirements shall
be met on both streets.
(2)
Side yard regulations are as follows:
(A)
For detached single-family dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than five feet and of not less than eight feet for dwellings of more than one story, except as provided in section 14.03.122. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
(B)
For freestanding mobile homes located on interior lots, there shall be a side yard on each side of the main building of not less than ten feet, except as provided in section 14.03.122. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot when all parts of the accessory building are located not less than 60 feet from the front property line.
(C)
For single-family dwellings, mobile homes and accessory buildings
located on corner lots, there shall be a side yard setback from the
intersecting street of not less than 15 feet in case such lot is back
to back with another corner lot, and 20 feet in every case. The interior
side yard shall be the same as for dwellings and accessory buildings
on an interior lot.
(D)
Churches and main and accessory buildings, other than dwellings,
shall be set back from all interior side lot lines a distance of not
less than 35 feet, and from exterior side lot lines a distance not
less than 25 feet.
(3)
There shall be a rear yard for a main building of not less than 20
feet or 20 percent of the depth of the lot, whichever amount is smaller.
Unattached buildings of accessory use may be located in the rear yard
of a main building.
(4)
Lot width regulations are as follows:
(A)
For single-family dwellings, there shall be a minimum lot width of
50 feet at the front building line, and such lot shall abut on a street
for a distance of not less than 35 feet.
(B)
For freestanding mobile homes, there shall be a minimum lot width
of 75 feet at the front building line, and such mobile homes shall
abut on a street for a distance of not less than 35 feet.
(5)
Intensity of use:
(A)
For each single-family dwelling and accessory buildings, there shall
be a lot area of not less than 6,000 square feet.
(B)
For each freestanding mobile home and accessory buildings, there
shall be a lot area of not less than 10,000 square feet.
(C)
Where a lot has less area than required in this section and all boundary
lines of that lot touch lands under other ownership on the effective
date of the ordinance from which this article is derived, that lot
may be used for any use, except churches, permitted in the R-2 single-family
residential district.
(D)
For churches and main and accessory buildings, other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this section and the off-street
parking areas required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 40 percent
of the lot area. Accessory buildings shall not cover more than 20
percent of the rear yard.
(2002 Code, sec. 54-108)
(a)
Intent.
This R-5 high density residential district is
designed to provide for a higher density of population than is afforded
in any of the other residential districts. The principal use of land
is for a wide variety of dwelling types, including single-family,
attached dwellings (townhouses), low-rise multiple-family dwellings,
garden apartments, and high-rise apartments. Recreational, religious,
and educational uses normally located to service residential areas
also are permitted to provide the basic elements of convenient, balanced,
and attractive living areas.
(b)
Uses permitted.
Property and buildings in an R-5 high
density residential district are used only for the following purposes:
(1)
Any use permitted in an R-2 single-family residential district;
(2)
Two-family dwelling (duplex);
(3)
A detached single-family dwelling and a garage apartment;
(4)
Townhouse;
(6)
Roominghouse or boardinghouse;
(7)
Accessory buildings and uses customarily incidental to the uses described in this subsection (b) when located on the lot; and
(8)
Mobile home park or subdivision.
(c)
Special exceptions.
The following uses may be permitted
in the R-5 district on review in accordance with the provisions contained
in this article:
(1)
Any special exception permitted on review in the R-2 single-family
residential district;
(2)
Off-street parking lot associated with a commercial use as regulated
under the provisions of division 5 of this article;
(3)
Convalescent, rest, or nursing home;
(4)
Doctor’s or dentist’s office or clinic;
(5)
Hospital; and
(6)
Sanitorium.
(d)
Area regulations.
All buildings in the R-5 district shall be set back from street rights-of-way or property lines to comply with the following yard requirements, except as provided in section 14.03.122:
(1)
Front yard regulations are as follows:
(A)
The minimum depth of the front yard is 25 feet.
(B)
If 25 percent or more of the lots on one side of the street between
two intersecting streets are improved with buildings, all of which
have observed an average setback line of greater than 25 feet, and
no building varies more than five feet from this average setback line,
then no building shall be erected closer to the street line than the
minimum setback so established by the existing buildings; but this
article shall not require a front yard of greater depth than 40 feet.
(C)
When a yard has double frontage, the front yard requirements shall
be met on both streets.
(2)
Side yard regulations are as follows:
(A)
For detached dwellings and for unattached sides of attached dwellings
located on an interior lot, a side yard of not less than five feet
shall be provided on the unattached sides of the main dwelling for
the first story and an additional three feet of side yard shall be
provided for each additional story or part thereof. For detached buildings
of accessory use, there shall be a side yard of not less than five
feet; provided, however, that detached one-story buildings of accessory
use shall not be required to be set back more than three feet from
an interior side lot line when all parts of the accessory building
are located not less than 60 feet from the front property line.
(B)
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than 15 feet if such lot is back to back with another corner lot,
and 20 feet in every other case. The interior side yard shall be the
same as for dwellings and accessory buildings on an interior lot.
(C)
Churches and main and accessory buildings, other than dwellings,
shall be set back from all interior side lot lines a distance of not
less than 35 feet, and from exterior side lot lines a distance not
less than 25 feet.
(3)
For main buildings, other than garage apartments, there shall be
a rear yard of not less than 20 feet or 20 percent of the depth of
the lot, whichever is smaller. Garage apartments may be located in
the rear yard of another dwelling, but shall not be located closer
than ten feet to the rear lot line. Unattached buildings of accessory
use may be located in the rear yard of a main building.
(4)
Lot width regulations are as follows:
(A)
For single-family dwellings, two-family dwellings, and for a single-family
dwelling and a garage apartment located on the same lot, there shall
be a minimum lot width of 50 feet at the front building line, and
the front lot line shall abut a street for a distance of not less
than 35 feet.
(B)
For townhouse dwellings, there shall be a minimum lot width of 22
feet at the front building line, and the front lot line shall abut
a street for a distance of not less than 22 feet; provided, however,
that whenever a side yard is required the width of the lot at the
building line shall be increased by an amount equal to the width of
the required side yard.
(C)
For multiple-family dwellings, there shall be a minimum lot width
of 60 feet at the front building line, and the width shall be increased
by ten feet for each additional dwelling unit exceeding three which
is located in the dwelling; however, the lot width at the front building
line shall not be required to exceed 150 feet; and further provided
that the front lot line shall abut a street for a distance of not
less than 50 feet.
(5)
Intensity of use:
(A)
For a single-family dwelling and accessory buildings, there shall
be a lot area of not less than 6,000 square feet.
(B)
For a two-family dwelling and accessory buildings, there shall be
a lot area of not less than 7,000 square feet.
(C)
For each townhouse dwelling unit and accessory building, there shall
be a lot area of not less than 2,500 square feet; provided, however,
that the lot area for each townhouse dwelling unit shall not be required
to exceed 1,980 square feet if the rear lot line abuts an open space,
commonly owned by the owners of the abutting property and of not less
than 50 feet in width and extending across the total length of all
of the rear yards of all dwelling units in the attached dwelling.
(D)
Where a garage apartment is located on the same lot with a single-family
dwelling, there shall be a lot area of not less than 7,000 square
feet. When a garage apartment is located on the same lot with a two-family
or multiple-family dwelling, the lot area shall provide not less than
2,000 square feet more than is required for the two-family or multiple-family
dwelling.
(E)
For multiple-family dwellings of less than five stories in height,
there shall be provided a lot area of not less than 8,500 square feet
and an additional 2,000 square feet shall be added for each unit,
more than three, which is located in the dwelling.
(F)
For multiple-family dwellings of five stories or greater in height,
there shall be provided a lot area equal to not less than two times
the gross floor area of the building, plus the coverage of the building.
(G)
Where a lot has less area than required in this section and all boundary
lines of that lot touch lands under other ownership on the effective
date of the ordinance from which this article is derived, that lot
may be used for any use, except churches, permitted in the R-2 single-family
residential district.
(H)
For churches and main and accessory buildings, other than dwellings
and buildings accessory to dwellings, the lot area shall be adequate
to provide the yard areas required by this section and the off-street
parking area required in division 5 of this article.
(6)
Main and accessory buildings shall not cover more than 35 percent of the lot area; provided, however, that a townhouse which is located on a lot with a rear yard abutting a common open space, as authorized in section 14.03.060(d) [14.03.059(d)], may cover not more than 40 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.
(2002 Code, sec. 54-109)
(a)
Intent.
This C-1 neighborhood commercial district is
for the conduct of retail trade and to provide personal services to
meet the regular needs and for the convenience of the people of adjacent
residential areas. Because these shops and stores may be an integral
part of the neighborhood closely associated with residential, religious,
recreational, and educational elements, more restrictive requirements
for light, air, open space, and off-street parking are made than are
provided in other commercial districts.
(b)
Uses permitted.
Property and buildings in a C-1 neighborhood
commercial district may be used only for the following purposes:
(1)
Any use permitted in the R-2 single-family residential district;
(2)
Any special exception use permitted on review in R-2 single-family
residential district;
(3)
Retail stores and shops which supply the regular and customary needs
of the residents of the neighborhood and which are primarily for their
convenience, as follows:
|
Art school, gallery or museum;
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Automatic bank center;
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Bakery goods store;
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Barbershop;
|
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Beauty shop;
|
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Candy store;
|
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Child care center;
|
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Cleaning, pressing, laundry collection agency;
|
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Dairy products or ice cream store;
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Delicatessen;
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Drugstore or fountain;
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Dry goods store;
|
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Grocery store;
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Lodge hall;
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Meat market;
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Newspaper or magazine sales;
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Package liquor store;
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Pharmacy; and
|
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Self-service laundry or dry-cleaning.
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(4)
A nameplate and sign relating only to the use of the store and premises
or to products sold on the premises. Lighted signs of flashing or
intermittent type shall be prohibited; provided, however, that this
shall not prevent the use of animated signs located entirely within
the building which can be seen only from the street side of the building.
(6)
Any building used for any of the enumerated uses may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections (b)(1) through (b)(3) of this section shall be displayed or stored outside of a building.
(c)
Area regulations.
The area requirements for dwellings and buildings accessory thereto in the C-1 district shall be the same as the area requirements for the R-5 high density residential district. The following requirements shall apply to all other uses permitted in this C-1 district, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way or property
line to provide a front yard having not less than 25 feet in depth.
(2)
On the side of a lot adjoining a residential district, there shall
be a side yard of not less than ten feet. Whenever the rear lot line
of a corner lot abuts a residential district, the side yard adjacent
to the street shall be not less than 15 feet in width. In all other
cases, no side yard shall be required.
(3)
Rear yard regulations are as follows:
(A)
Whenever the rear lot line abuts a residential district, there shall
be provided a rear yard of not less than 20 feet; and
(B)
Where a commercial building is to be serviced from the rear, there
shall be provided an alleyway, service court, rear yard, or combination
thereof, of not less than 30 feet.
(4)
Whenever any commercial district or parking lot or parking area is
established to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential setback building line; except where the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will not be annoying glare directed
or reflected toward residential buildings in a residential district.
(5)
Intensity of use:
(A)
For each structure, there shall be a lot area of not less than 5,000
square feet;
(B)
Where a lot has less area than required in this section and all the
boundary lines of that lot touch lands under other ownership on the
effective date of the ordinance from which this article is derived,
that lot may be used for any use permitted in the R-2 single-family
residential district.
(6)
The main commercial building shall not cover more than 40 percent
of the lot area.
(2002 Code, sec. 54-110)
(a)
Intent.
This C-2 office commercial district is intended
to provide a place for those types of institutional and commercial
activities that require separate buildings and building groups surrounded
by landscaped yards and open area. Land, space, and aesthetic requirements
of these uses make desirable either a central location or a suburban
location near residential neighborhoods.
(b)
Uses permitted.
Property and buildings in a C-2 office
commercial district shall be used only for the following purposes:
(1)
Any use permitted in an R-5 high density residential district;
(2)
Any of the following uses:
(A)
Apartment hotel;
(B)
Art gallery;
(C)
Assembly hall for nonprofit corporations;
(D)
Business college;
(E)
Hospital and sanitorium;
(F)
Library;
(G)
Museum;
(H)
Music conservatory;
(I)
Office building, in which no activity is carried on catering to retail
trade with the general public and no stock of goods is maintained
for sale to customers; these shall include, but shall not necessarily
be limited to, doctors, dentists, lawyers, architects, and engineers;
provided, however, that this shall in no way be construed as permitting
an undertaking establishment and funeral homes;
(J)
Public and private schools and colleges, with students in residence
and dormitories associated therewith; and
(K)
Trade school and school for vocational training;
(3)
Recreational uses associated with and maintained primarily for the benefit and use of the occupants and families of the uses listed under subsection (b)(2) of this section;
(4)
Shops and stores associated with and incidental to the uses listed under subsection (b)(2) of this section and maintained only for serving the occupants thereof;
(5)
Buildings, structures and uses customarily incidental and accessory to the uses in this subsection (b); and
(6)
Nameplate and sign relating only to the principal use.
(c)
Special exceptions.
The following uses may be permitted
in the C-2 district on review in accordance with provisions contained
in this article:
(1)
Medical marijuana dispensaries.
(d)
Area regulations.
The area requirements for dwellings and buildings accessory thereto in the C-2 district shall be the same as the area requirements for the R-5 high density residential district. The following requirements shall apply to all other uses permitted in this C-2 district, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way line
to provide a front yard having not less than 25 feet in depth.
(2)
Where a side yard is adjacent to a residential district, no building
shall be located closer than 50 feet to the side lot line. In all
other cases, no building shall be located closer than 35 feet to the
side lot line.
(3)
No building shall be located closer than 35 feet to the rear lot
line.
(4)
Whenever any commercial district, parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential setback building line; except when the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(5)
Intensity of use:
(A)
For each structure, there shall be a lot area of not less than 5,000
square feet; and
(B)
Where a lot has less area than required in this section and all boundary
lines of that lot touch lands under other ownership on the effective
date of the ordinance from which this article is derived, that lot
may be used for any use permitted in the R-2 single-family residential
district.
(6)
Main and accessory buildings shall not cover more than 35 percent
of the lot area, and in no case shall the total gross floor area of
the main building exceed the area of the lot.
(2002 Code, sec. 54-111; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This C-3 downtown commercial district is intended
to provide a concentrated downtown core accommodating commercial and
personal services of all kinds, governmental, business and financial
to satisfy the needs of the community and surrounding trade region.
The uses in this C-3 district require a central location, accessible
from all routes entering the city, and they must be grouped so that
the transient and infrequent shopper can park and visit a number of
stores and businesses on foot.
(b)
Uses permitted.
Property and buildings in a C-3 downtown
commercial district may be used only for the following purposes:
(1)
Any use permitted in a C-1 neighborhood commercial district, a C-2
office commercial district, or an R-5 high density residential district;
(2)
Any special exception use permitted on review in an R-5 high density
residential district;
(3)
Any of the following uses:
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Ambulance service office or garage;
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Amusement enterprise;
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Antique shop;
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Appliance store;
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Artist materials, supply, and studio;
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Arts and craft shop;
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Automobile parking lot;
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Automobile supply store;
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Baby wares or supplies store;
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Bakery;
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Bank or financial institution;
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Book or stationery store;
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Bus terminal;
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Camera shop;
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Carpenter and cabinet shop;
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Catering establishment;
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Cleaning and dyeing plant;
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Clothing or apparel store;
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Commercial school or hall;
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Curio or gift shop;
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Dancehall;
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Dental laboratory;
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Department store;
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Dress shop;
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Electric transmission station;
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Florist shop, greenhouse, plant nursery;
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Frozen food locker;
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Furniture repair and upholstery;
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Furniture store;
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Funeral parlor or mortuary;
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Golf course, miniature or practice range;
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Hardware store;
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Heating, ventilating or plumbing supplies and service;
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Hospital for small animals;
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Hotel;
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Ice storage locker plant;
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Interior decorating shop;
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Jewelry or notions store;
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Key shop;
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Laboratory, testing and experimental;
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Laundry;
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Leather goods shop;
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Lodge hall;
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Medical facility;
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Medical marijuana dispensary;
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Messenger or telegram service;
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Mixed beverage sales sold in conformance with state law;
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Musical instrument sales;
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Music, radio or television store;
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Nightclub;
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Office business;
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Office supply;
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Optical manufacturing;
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Optometrist sales and service;
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Pawnshop;
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Pet shop;
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Photographer studio;
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Printing plant;
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Radio and television sales;
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Recreation center;
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Research laboratory;
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Restaurant, sit-down;
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Sewing machines sales and service;
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Shoe store and repair shop;
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Sign printing shop;
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Skating rink;
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Sporting goods sales;
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Storage warehouse;
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Supermarket;
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Tailor shop;
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Tavern;
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Theater, sit-down;
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Toy store;
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Variety store; and
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Wholesale distributing center.
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(4)
Any other store or shop for retail trade or for rendering personal, professional, or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated in this subsection (b);
(5)
Buildings, structures and uses accessory and customarily incidental to any of the uses listed in this subsection (b), provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments; and
(6)
No article or material stored or offered for sale in connection with uses permitted under subsections (b)(1) through (b)(5) of this section shall be stored or displayed outside the confines of a building unless it is so screened by permanent ornamental walls or fences that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven feet in height shall be required.
(c)
Area regulations.
The area requirements for dwellings and buildings accessory thereto in the C-3 district shall be the same as the area requirements for the R-5 high density residential district. The following requirements shall apply to all other uses permitted in this C-3 district, except as provided in section 14.03.122:
(1)
There are no specific front yard requirements for uses other than
dwellings.
(2)
On the side of a lot adjoining a residential district, there shall
be a side yard of not less than ten feet. Whenever the rear lot line
of a corner lot abuts a residential district, the side yard adjacent
to the street shall not be less than 15 feet in width. In all other
cases, no side yard shall be required.
(3)
Rear yard regulations are as follows:
(A)
Whenever the rear lot line abuts a residential district, there shall
be provided a rear yard of not less than 20 feet; and
(B)
Where a commercial building is to be serviced from the rear, there
shall be provided an alleyway, service court, rear yard, or combination
thereof, of not less than 30 feet in width. In all other cases, no
rear yard is required.
(4)
Buildings shall be provided with a yard area adequate to meet the
off-street parking requirements set forth in division 5 of this article.
(5)
Whenever any commercial district or parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential building setback line; except when the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(6)
For structures other than dwellings, there shall be a lot width of
not less than 25 feet at the front building line.
(7)
For structures other than dwellings, there shall be a lot area of
not less than 2,500 square feet.
(2002 Code, sec. 54-112; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This C-4 general commercial district is intended
for the conduct of personal and business services and the general
retail business of the community to which persons living in the community
and in the surrounding trade territory require direct and frequent
access.
(b)
Uses permitted.
Property and buildings in a C-4 general
commercial district may be used only for the following purposes:
(1)
Any use permitted in a C-1 neighborhood commercial district, a C-2
office commercial district, a C-3 downtown commercial district, or
an R-5 high density residential district;
(2)
Any special exception use permitted on review in an R-5 high density
residential district;
(3)
Any of the following uses:
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Ambulance service office or garage;
|
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Amusement enterprise;
|
|
Antique shop;
|
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Appliance store;
|
|
Artist materials, supply, and studio;
|
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Arts and craft shop;
|
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Automobile parking lot;
|
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Automobile service stations and new and used automobile sales
lots;
|
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Automobile supply store;
|
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Baby wares and supplies store;
|
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Bakery;
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Bank or financial institution;
|
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Book or stationery store;
|
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Bus terminal;
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Camera shop;
|
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Carpenter and cabinet shop;
|
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Catering establishment;
|
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Cleaning and dyeing plant;
|
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Clothing or apparel store;
|
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Commercial school or hall;
|
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Curio or gift shop;
|
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Dancehall;
|
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Dental laboratory;
|
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Department store;
|
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Dress shop;
|
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Electric transmission station;
|
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Florist shop, greenhouse, plant nursery;
|
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Frozen food locker;
|
|
Furniture repair and upholstery;
|
|
Furniture store;
|
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Funeral parlor or mortuary;
|
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Golf course, miniature or practice range;
|
|
Hardware store;
|
|
Heating, ventilating or plumbing supplies and service;
|
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Hospital for small animals;
|
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Hotel;
|
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Ice storage locker plant;
|
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Interior decorating shop;
|
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Jewelry or notions store;
|
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Kennel;
|
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Key shop;
|
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Laboratory, testing and experimental;
|
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Laundry;
|
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Leather goods shop;
|
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Lodge hall;
|
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Medical facility;
|
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Medical marijuana grow facility;
|
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Messenger or telegram service;
|
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Mixed beverage sales sold in conformance with state law;
|
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Musical instrument sales;
|
|
Music, radio or television store;
|
|
Nightclub;
|
|
Office business;
|
|
Office supply;
|
|
Optical manufacturing;
|
|
Optometrist sales and service;
|
|
Print or decorating store;
|
|
Pawnshop;
|
|
Pet shop;
|
|
Photographer studio;
|
|
Printing plant;
|
|
Radio and television sales;
|
|
Recreation center;
|
|
Research laboratory;
|
|
Restaurant, sit-down;
|
|
Sewing machine sales and service;
|
|
Shoe store and repair shop;
|
|
Sign printing shop;
|
|
Skating rink;
|
|
Sporting goods sales;
|
|
Storage warehouse;
|
|
Supermarket;
|
|
Tailor shop;
|
|
Tavern;
|
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Theater;
|
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Toy store;
|
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Variety store; and
|
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Wholesale distributing center.
|
(4)
Any other store or shop for retail trade or for rendering personal, professional, or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated in this subsection (b);
(5)
Buildings, structures and uses accessory and customarily incidental to any of the uses listed in this subsection (b), provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments; and
(6)
No article or material stored or offered for sale in connection with uses permitted under subsections (b)(1) through (b)(5) of this section shall be stored or displayed outside the confines of a building unless it is so screened by permanent ornamental walls or fences that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven feet in height shall be required.
(c)
Area regulations.
The area requirements for dwellings and buildings accessory thereto in the C-4 district shall be the same as the area requirements for the R-5 high density residential district. The following requirements shall apply to all other uses permitted in this C-4 district, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way or property
line a distance of not less than 25 feet.
(2)
On the side of a lot adjoining a residential district, there shall
be a side yard of not less than ten feet. Whenever the rear lot line
of a corner lot abuts a residential district, the side yard adjacent
to the street shall not be less than 15 feet in width. In all other
cases, no side yard shall be required.
(3)
Rear yard regulations are as follows:
(A)
Whenever the rear lot line abuts a residential district, there shall
be provided a rear yard of not less than 20 feet; and
(B)
Where a commercial building is to be serviced from the rear, there
shall be provided an alleyway, service court, rear yard, or combination
thereof, of not less than 30 feet in width. In all other cases, no
rear yard is required.
(4)
Buildings shall be provided with a yard area adequate to meet the
off-street parking requirements set forth in division 5 of this article.
(5)
Whenever any commercial district or parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential building setback line; except when the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including a permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(6)
For structures other than dwellings, there shall be a lot width of
not less than 50 feet at the front building line.
(7)
For structures other than dwellings, there shall be a lot area of
not less than 5,000 square feet.
(8)
Main and accessory buildings shall not cover more than 50 percent
of the lot area.
(2002 Code, sec. 54-113; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This C-5 highway commercial district is intended
to provide a location for the limited amount of merchandise, equipment,
and material being offered for retail sale that, because of the type
of material or transportation requirements, are suitable for display
and storage outside the confines of an enclosed building, or which
require easy and direct access by the traveling public. There will
be more assembly of equipment and incidental activity than would prevail
in the general commercial district. Persons of the community and the
surrounding trade territory will require direct access. However, the
concentration of shoppers will be much smaller and visits less frequent
than in the C-4 general commercial district.
(b)
Uses permitted.
Property and buildings in a C-5 highway
commercial district may be used only for the following purposes:
(1)
Any use permitted in a C-4 general commercial district;
(2)
Any of the following uses:
(A)
Automobile court or tourist court;
(B)
Automobile sales and service;
(C)
Automobile service station;
(D)
Boat sales;
(E)
Carwash;
(F)
Farm implements and machinery sales and service;
(G)
Feed and fuel store;
(H)
Machinery sales and service;
(I)
Medical marijuana dispensaries;
(J)
Metal and wood fencing, ornamental grillwork and decorative wrought-iron
work and play equipment sales;
(K)
Mobile home and camper sales;
(L)
Monument sales;
(M)
Motel;
(N)
Prefabricated house sales;
(O)
Public garage;
(P)
Restaurant, drive-in;
(Q)
Theater, drive-in;
(R)
Trailers for hauling, rental and sales; and
(S)
Truck sales and service;
(3)
The uses listed under subsection (b)(2) of this section shall comply with the following provisions:
(A)
All open storage and display of merchandise, material, and equipment
shall be so screened by ornamental fencing that it cannot be seen
by a person standing on ground level in a residential district when
located to the side or rear of the lot on which the open storage or
display occurs; provided, however, that screening shall not be required
in excess of seven feet in height. Merchandise and materials which
are not completely assembled or which are not immediately and actively
being offered for sale shall, in addition to complying with such screening
requirements, be so screened by ornamental fences or by permanent
buildings that it cannot be seen from a public street.
(B)
All yards unoccupied with buildings or merchandise or used as trafficways
shall be landscaped with grass and shrubs and maintained in good condition
year-round.
(C)
All of the lot used for the parking of vehicles, for the storage
and display of merchandise and all driveways used for vehicle ingress
and egress, shall be paved with a seal surface pavement and maintained
in such a manner that no dust will be produced by continued use.
(D)
All servicing of vehicles and assembly of equipment carried on as
an incidental part of the sales operation shall be conducted within
a completely enclosed building.
(E)
Driveways used for ingress and egress shall not exceed 25 feet in
width, exclusive of curb returns.
(F)
Outdoor lighting, when provided, shall have an arrangement of reflectors
and an intensity of lighting which will not interfere with adjacent
land uses or the use of adjacent streets, and shall not be of a flashing
or intermittent type.
(d)
Area regulations.
The area requirements for dwellings and buildings accessory thereto in the C-5 district shall be the same as the area requirements for the R-5 high density residential district. The following requirements shall apply to all other uses permitted in this C-5 district, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way line
to provide a front yard having not less than 25 feet.
(2)
On the side of a lot adjoining a residential district, there shall
be a side yard of not less than ten feet. Whenever the rear lot line
of a corner lot abuts a residential district, the side yard adjacent
to the street shall not be less than 15 feet in width. In all other
cases, no side yard shall be required.
(3)
Rear yard regulations are as follows:
(A)
Whenever the rear lot line abuts a residential district, there shall
be a rear yard of not less than 20 feet.
(B)
Where a commercial building is to be serviced from the rear, there
shall be an alleyway, service court, rear yard, or combination thereof
of not less than 30 feet in width. In all other cases, no rear yard
is required.
(4)
Buildings shall be provided with a yard area adequate to meet the
off-street parking requirements set forth in division 5 of this article.
(5)
Whenever any commercial district, parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential setback building line; except where the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(2002 Code, sec. 54-114; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This C-6 planned shopping center district is
intended for a unified grouping, in one or more buildings, of retail
shops and stores that provide for the regular needs and are for the
convenience of the people residing in the community and surrounding
trade region. It is intended that the planned shopping center be developed
as a unit, with adequate off-street parking space for customers and
employees, and with appropriate landscaping and screening materials.
(b)
Uses permitted.
(1)
Property and buildings in a C-6 planned shopping center district shall be used only for the uses enumerated in this subsection (b); provided, however, that these uses shall be located in a unified shopping center which shall have not less than five shops and stores.
(2)
Any of the following uses may be permitted: Antique shop;
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Appliance store;
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Apparel store, family, children, men or women;
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Artist supplies;
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Automobile parking lot;
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Bakery goods store;
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Bank;
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Barbershop;
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Beauty shop;
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Book or stationery store;
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Camera shop;
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Candy store;
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Catering establishment;
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Cleaning and pressing collection station;
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Curio shop;
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Drugstore or fountain;
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Dry goods store;
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Dairy products or ice cream store;
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Delicatessen;
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Florist shop;
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Furniture store;
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Gift shop;
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Grocery store;
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Hardware store;
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Help-yourself laundry;
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Jewelry store;
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Meat market;
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Medical facility;
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Music store;
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Newspaper or magazine sales;
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Notions store;
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Office supply store;
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Optometrist sales and service;
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Paint and decorating shop;
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Photographer studio;
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Pharmacy;
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Radio and television sales and service;
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Restaurant;
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Sewing machine sales and service;
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Shoe store or repair shop;
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Specialty shop for women;
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Sporting goods sales;
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Tailor shop;
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Toy store; and
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Variety store.
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(3)
Office uses; provided, however, that the total gross floor area of all office uses, exclusive of those listed in subsection (b)(2) of this section, shall not exceed 20 percent of the gross floor area of the shopping center.
(4)
Automobile service stations which shall be planned as an integral
part of the center and constructed at the time of construction of
the center.
(5)
Advertising signs relating to the shopping center, the stores and
shops therein and products sold therein. All advertising signs and
structures shall be designed as an integral part of the shopping center
development and shall be harmonious with the other design features
of the center.
(c)
Area regulations.
It is intended that the grouping of
the buildings and parking areas in the C-6 district are designed to
protect, insofar as possible, adjacent residential areas, and that
ornamental screening from noise and light shall be provided where
necessary; provided, however, that in no case shall the design of
the shopping center provide less than the following standards:
(1)
All buildings shall be set back from all street right-of-way lines
not less than 25 feet.
(2)
On any side of a lot adjoining a residential district, there shall
be a yard of not less than 25 feet.
(3)
There shall be a rear yard, alley, service court, or combination
thereof, of not less than 30 feet in width, and all of the service
area of all buildings shall be completely screened from public view
with permanent ornamental screening materials.
(4)
Whenever any commercial district, parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential building setback line; except when the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
The parcel of land on which a planned shopping center is located
shall not be less than three acres in area. Buildings shall not cover
more than 20 percent of the site on which the shopping center is located.
(d)
Height regulations.
No building in the C-6 district shall exceed 2-1/2 stories, or 35 feet, in height, except as provided in section 14.03.123.
(e)
Common parking facilities.
Off-street parking requirements
set forth in division 5 of this article may be complied with by providing
a permanent common off-street parking facility for all of the uses
within the C-6 district shopping center, provided that the lot contains
the requisite number of spaces for each use. The total number of spaces
provided shall not be less than the sum of the individual requirements;
provided, however, that in no case shall the amount of off-street
parking area, including driveways required for ingress and egress
and circulation, be less than 2-1/2 times the gross floor area of
the shopping center.
(f)
Administration procedures for shopping center development.
An application for rezoning for a shopping center in the C-6
district shall include the following, in addition to the administrative
requirements set forth in this article:
(1)
The developer shall submit site development plans of the proposed
development which shall be in adequate detail to determine compliance
with the provisions of this section; and which shall show the arrangement
of the buildings, design, and circulation pattern of the off-street
parking area, landscaped yards, ornamental screening, service courts,
and utility and drainage easements and facilities; and the relationship
of the shopping center development to adjacent areas which it may
affect.
(2)
Evidence that indicates to the satisfaction of the planning commission the ability and intent of the developer to carry out the development of the shopping center in accordance with subsection (f)(1) of this section.
(3)
The developer shall obtain a building permit for the shopping center
in accordance with the requirements and procedures set forth in this
article and shall begin construction of the shopping center within
two years after the effective date of rezoning for the shopping center,
and shall make a reasonable and continuous progress toward completion.
If the shopping center is not under construction within two years
after the effective date of the shopping center rezoning, the planning
commission shall review the status of the development, and if it shall
find that the developer cannot proceed immediately with the development
in conformity with the requirements of this section, it shall recommend
to the city council the appropriate action and zoning classification
to implement and be consistent with the comprehensive plan.
(4)
Any substantial deviation from the plat or building plans submitted
at the time of rezoning shall constitute a violation of the building
permit authorizing construction of a shopping center. Substantial
changes in plans shall be resubmitted to the planning commission to
ensure compliance with the requirements, purpose and intent of this
section, and no building permit shall be issued for any construction
which is not in substantial conformity with the approved plan.
(2002 Code, sec. 54-115)
(a)
Intent.
This I-1 light industrial district is intended
primarily for production and assembly plants that are conducted so
the noise, odor, dust, and glare of each operation is completely confined
within an enclosed building, and for warehousing, wholesale, and service
uses. These industries may require direct access to rail, air, or
street transportation routes.
(b)
Uses permitted.
Property and buildings in an I-1 light
industrial district shall be used only for the following purposes:
(1)
Any use, except dwellings, permitted in the C-5 highway commercial
district. No dwelling use, except sleeping facilities required by
caretakers or night watchmen employed on the premises, shall be permitted
in an I-1 light industrial district.
(2)
Any of the following uses:
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Advertising signs and structures;
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Bakery;
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Bottling works;
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Book bindery;
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Building material sales yard and lumberyard, including the sale
of rock, gravel, and the like as an incidental part of the main business,
but not including a concrete batch plant or transit mix plant;
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Candy manufacturing;
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Contractor’s equipment storage yard or plant, or rental
of equipment commonly used by contractors;
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Engraving plant;
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Electrical equipment assembly;
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Electronic equipment assembly and manufacture;
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Food products processing and packing;
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Freighting or trucking yard or terminal;
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Furniture manufacturing;
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Garment manufacturing;
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Instrument and meter manufacturing;
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Jewelry and watch manufacturing;
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Laboratories, experimental;
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Laundry and cleaning establishment;
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Leather goods fabrication;
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Medical marijuana education facilities;
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Medical marijuana grow facilities;
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Medical marijuana processing facility;
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Medical marijuana research facilities;
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Medical marijuana storage facilities;
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Medical marijuana testing laboratories;
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Oilfield equipment storage yard;
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Optical goods manufacturing;
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Outdoor advertising signs;
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Paper products manufacturing;
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Public utility service yard or electrical receiving or transforming
station;
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Sale barn; and
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Sporting goods manufacturing.
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(3)
The following uses when conducted within a completely enclosed building:
(A)
The manufacturing, compounding, processing, packaging or treatment
of such products as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries,
and food products;
(B)
The manufacture, compounding, assembling, or treatment of articles
or merchandise from the following prepared materials: bone, cellophane,
canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn,
leather, paper, plastics, precious or semiprecious metals or stone,
shell, textiles, tobacco, wood, yarn, and paint not employing a boiling
process;
(C)
The manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay and kilns fired only
by electricity or gas;
(D)
The manufacture and maintenance of electric and neon signs, commercial
advertising structures, [and] light sheetmetal products, including
heating and ventilating ducts and equipment, cornices, eaves, and
the like;
(E)
Manufacture of musical instruments, toys, novelties, and rubber and
metal stamps;
(F)
Automobile assembling, painting, upholstering, rebuilding, reconditioning,
body and fender works, truck repairing and overhauling, tire retreading
or recapping, and battery manufacturing;
(G)
Blacksmith shop and machine shop, excluding punch presses over 20
tons rated capacity, drop hammers, and automatic screw machines;
(H)
Foundry casting lightweight nonferrous metal not causing noxious
fumes or odors;
(I)
Assembly of electrical appliances, electrical instruments and devices,
radios and phonographs, including the manufacture of small parts only,
such as coils, condensers, transformers, crystal holders, and the
like; and
(J)
Wholesale storage or manufacture of alcoholic beverages;
(4)
Buildings, structures, and uses accessory and customarily incidental to any of the uses listed in this subsection (b);
(5)
The uses permitted under this subsection (b) shall be conducted in such a manner that no noxious odor, fumes, or dust will be emitted beyond the property line of the lot on which the use is located; and
(6)
No article or material permitted in this I-1 district shall be kept,
stored, or displayed outside the confines of a building unless it
be so screened by fences, walls, or planting that it cannot be seen
from adjoining public streets or adjacent lots when viewed by a person
standing on ground level.
(c)
Special exceptions.
The following uses may be permitted
in the I-1 district on review in accordance with provisions contained
in this article: Concrete batch or transit mix plant.
(d)
Area regulations.
All uses permitted in this I-1 district shall comply with the following yard requirements, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way line
to provide a front yard having not less than 25 feet in depth.
(2)
No building shall be located closer than 25 feet to a side lot line,
except that when the side of a lot abuts a residential district, there
shall be provided a side yard of not less than 50 feet.
(3)
No building shall be located closer than 25 feet to the rear lot
line, except that when the rear of a lot abuts a residential district,
there shall be provided a rear yard of not less than 50 feet.
(4)
All yard areas required under this section and other yards and open
spaces existing around buildings shall be landscaped and maintained
in a neat condition.
(5)
Whenever any industrial district, parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential setback building line; except where the front
yard is used for off-street parking, then the provisions of division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(6)
Main and accessory buildings and off-street parking and loading facilities
shall not cover more than 80 percent of the lot area.
(2002 Code, sec. 54-116; Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This 1-2 heavy industrial district is intended
to provide for heavy industrial uses and other uses not otherwise
provided for in the districts established by this article. The intensity
of uses permitted in this I-2 district makes it desirable that they
be located downwind and separated from residential and commercial
uses wherever possible.
(b)
Uses permitted.
Property and buildings in an I-2 heavy
industrial district shall be used only for the following purposes:
(1)
All I-1 permitted uses.
(c)
Uses not permitted.
Property and buildings in an I-2
heavy industrial district may be used for any use except the following:
(1)
All residential uses except sleeping facilities required by night
watchmen and caretakers employed upon the premises;
(2)
All uses not complying with this article, or any other county, state,
or federal regulation or law;
(3)
All of the following uses until they have been studied by the planning
commission and have received the express approval of the city council.
The city council may require approval of the county health department,
the state fire marshal, and other state and county regulating agencies,
and may attach to the approval specific restrictions designed to protect
the public welfare.
(4)
Property and buildings in an I-2 heavy industrial district, when
used for the following purposes, shall have the uses thereon conducted
in such a manner that all operation, display, or storage of material
or equipment is so screened by ornamental fences or walls that it
cannot be seen from a public street:
(d)
Area regulations.
All uses permitted in this I-2 district shall comply with the following yard requirements, except as provided in section 14.03.122:
(1)
There are no specific front yard requirements established for uses
permitted in this I-2 district.
(2)
When the side of a lot abuts a residential district, there shall
be provided a side yard of not less than 50 feet. In all other cases,
no side yard is required.
(3)
Rear yard regulations are as follows:
(A)
When the rear of a lot abuts a residential district, there shall
be provided a rear yard of not less than 50 feet.
(B)
Where a building is to be serviced from the rear, there shall be
provided an alleyway, service court, rear yard, or combination thereof,
of not less than 30 feet in width or of adequate area and width to
provide for the maneuver of service vehicles, whichever is greater.
In all other cases, no rear yard is required.
(4)
Buildings shall be provided with a yard area adequate to meet the
off-street parking requirements set forth in division 5 of this article.
(5)
Whenever any industrial district, parking lot or parking area is
established so as to abut the side or rear line of a lot in a residential
district, an opaque ornamental fence or wall not less than five feet
high and not more than six feet high shall be constructed and maintained
in good condition along the side or rear lot line up to, but not beyond,
the abutting residential setback building line; except where the front
yard is used for off-street parking, then the provisions in division
5 of this article, pertaining to off-street parking lots, shall apply.
In addition, the lighting, including any permitted illuminated sign,
shall be arranged so that there will be no annoying glare directed
or reflected toward residential buildings in a residential district.
(e)
Height regulations.
Where a lot adjoins a residential district in the I-2 district, the building shall not exceed 45 feet in height, unless it is set back an additional foot from all front, side and rear building lines for each foot of additional height above 45 feet, except as provided in section 14.03.123.
(Ordinance 2021-03 adopted 3/22/21)
(a)
Intent.
This F floodplain district is intended to comprise
those areas which are subject to periodic or occasional inundation
and therefore are unsuited for all residential uses and the usual
commercial and industrial uses.
(b)
Uses permitted.
Property and buildings in the F floodplain
district may be used only for the following purposes:
(2002 Code, sec. 54-118)
(a)
Intent.
This EC environmental conservation district
is intended to provide for the protection and preservation of environmentally
sensitive lands incapable of accommodating development of an urban
character without experiencing any adverse impacts as a result.
(c)
Special exceptions.
The following uses may be permitted
in the EC district on review in accordance with the provisions contained
in this article:
(d)
Area regulations.
All buildings in the EC district shall be set back from street rights-of-way and lot lines to comply with the following yard requirements, except as provided in section 14.03.122:
(1)
All buildings shall be set back from the street right-of-way line
to provide a front yard having not less than 25 feet in depth.
(2)
A side yard of not less than 10 feet shall be provided for all lots
upon which a building is located.
(3)
A rear yard of not less than 10 feet shall be provided for all lots
upon which a building is located.
(4)
For each main building and buildings accessory thereto, there shall
be a lot area of not less than one acre.
(Ordinance 2021-05 adopted 3/22/21)
(a)
All nonconforming medical marijuana businesses in operation as of
November 1, 2020 must apply for a special use permit within sixty
(60) days from the effective date of the ordinance.
(b)
Said special use permit shall include, but not be limited to, the
following conditions:
(2)
That any violation of a local or state rule, regulation, or law shall
be grounds for revocation of the permit. Subsequent special use permits
shall not be issued after revocation to medical marijuana businesses
not conforming with the city’s zoning districts.
(3)
No additional medical marijuana business requiring a separate permit
from the state regulatory authority and/or the city shall be authorized
under a nonconforming special use permit.
(Ordinance 2021-03 adopted 3/22/21)
