(a)
No building permit may be issued in the A, MF, C, LI and U Districts,
unless a site plan has been submitted to and approved by the town
council. There shall be submitted to the town an application in writing
for approval of a site plan. The proposed site plan, together with
six (6) copies, shall be filed with the town secretary at least thirty
(30) calendar days before the meeting at which the site plan is to
be considered. No site plan will be considered by the town until the
prescribed filing fees have been paid. The town council’s decision
on approval or denial of a landscape plan shall be final and binding.
(b)
The site plan shall contain these items:
(1)
The boundaries and dimensions of the proposed development, including
total area.
(2)
Adjoining property, owners, and zoning.
(3)
Contour lines at ten feet (10') intervals.
(4)
Location map.
(5)
Existing or platted streets; public rights of way; easement or railroads
within or adjacent to the tract of land.
(6)
Existing and proposed utility lines showing sizes of water and sewer
lines.
(7)
Existing and proposed fire hydrants and fire lanes.
(8)
Location of all easements.
(9)
Building setback lines.
(10)
Location, use and dimensions of structures.
(11)
Means of ingress and egress.
(12)
Engineering for drainage.
(13)
Areas designated for landscaping and location of exterior lighting.
(14)
Parking area locations and specifications.
(15)
Must be drawn to an acceptable scale.
(16)
Must provide signature lines for chairman of planning and zoning
commission, and mayor to signify approval.
(c)
The town’s consideration shall include paving and layout of
streets, alleys, and sidewalks; means of ingress and egress; provisions
for drainage and parking spaces; protective screening and open spaces;
areas designated for landscaping; and, any other matter deemed by
the town necessary to consider in the interest of promoting the public
health, safety, order, convenience, prosperity and general welfare.
(d)
No building permit shall be issued prior to the approval of the site
plan by the town council. No building permit shall be issued except
in conformity with the approved site plan, including all conditions
of approval applied by the town.
(e)
During the course of considering the site plan, the town may request
the applicant to submit a landscape plan if proper approval or disapproval
cannot be granted without a detailed landscape plan. The town may
further withhold action on the site plan until the submission of the
landscape plan.
(f)
For the purpose of assisting in-process planning, a properly designated
“preliminary” site plan may be submitted for consideration.
Such preliminary site plan may contain any or all of the site plan
requirements, and must be drawn to scale. Approval of a “preliminary”
site plan will not imply approval of all elements of a site plan.
No building permit shall be issued on a preliminary site plan.
(g)
Final plans for MF, C, LI and U shall be approved by town council.
For A and SF districts the town council or their designate shall approve
final plans.
(2002 Code, sec. 12.115; Ordinance 2014-0818-02 adopted 8/18/14; Ordinance 2015-1116-01 [A], sec.
3, adopted 11/16/15)
(a)
Prior to issuance of any building permit in MF, C, LI and U, six
(6) copies of a landscape plan shall be submitted to the town. The
plans shall be submitted at least thirty (30) days prior to the town
council meeting at which they are to be considered. The landscape
plan shall be approved or disapproved based on its compliance with
the following requirements and any other requirement deemed necessary
to promote the character and value of the surrounding neighborhoods.
(b)
Plan requirements shall include:
(1)
Plans shall be to the same scale as the approved site plan.
(2)
A minimum of fifteen percent (15%) of the gross area must be landscaped.
(3)
The area between the property line and the street shall be included
in the landscape plan, but does not count as part of the gross area
in item (2), and shall be maintained by the abutting property owner.
(4)
Heights of landscaping material shall be such that they do not create
safety hazards for vehicular traffic by blocking sight lines at ingress
and egress points.
(5)
The specifications shall state the common names, sizes (height and
width) and quantity of all materials to be utilized.
(6)
Where property abuts a different zoning district, it must be screened
by a living screen or a screening device. Plantings which serve as
a living screen shall be evergreens with an initial four foot (4)
height, reach a minimum height in three (3) years of eight foot (8')
and provide a solid visual barrier within three (3) years.
(7)
Large trees of fifteen (15) gallons minimum size shall be used to
break-up large expanse of building facades.
(c)
It shall be the property owner’s responsibility to permanently
maintain the approved landscaping in a neat an orderly manner and
plans shall include an irrigation system to assist in proper maintenance
of the landscaping and a licensed certified irrigation contractor
must certify the plans.
(d)
The town shall consider the adequacy of the proposed landscaping
in the interest of promoting the public health, safety, order, convenience,
prosperity and general welfare.
(e)
Final plans shall be approved by town council. The town council’s
decision on approval or denial of a landscape plan shall be final
and binding.
(f)
Prior to the issuance of a certificate of occupancy, all approved
screening and landscaping must be in place, or if seasonal considerations
prohibit the completion of the landscaping, a temporary certificate
of occupancy may be issued for such time as is reasonable to complete
the landscaping.
(2002 Code, sec. 12.116; Ordinance 2005-1212-01 adopted 12/12/05; Ordinance 2006-0109-01 adopted 1/9/06; Ordinance 2015-1116-01 [A], sec. 4, adopted 11/16/15)
(a)
Except as hereinafter provided, no building or structure or part
thereof shall be erected, altered or converted for any use permitted
in the district in which it is located unless there shall be provided
on the lot or tract, on an immediately contiguous lot or tract, or
within one hundred fifty feet (150') of such building or structure,
vehicle parking in the following ratio of vehicle space for the uses
specified in the designated district, except that an established use
lawfully existing at the effective date of this article need not provide
vehicle parking as hereinafter set forth and that no existing vehicle
parking in connection with said use at the effective date of this
article may be reduced below the minimum number of spaces as hereinafter
required.
(b)
In all zoning districts, the minimum off-street parking spaces for
residential uses shall be two (2) spaces for each dwelling unit.
(c)
Parking space schedule non-residential uses applicable to all districts.
(1)
Bank, savings and loan, or similar financial establishment - one
(1) space for each three hundred (300) square feet of floor area.
(2)
Bowling alley - six (6) spaces for each lane.
(3)
Clinics or doctor’s offices - one (1) space for each three
hundred (300) square feet of floor area (minimum of five (5) spaces).
(4)
Commercial outdoor amusement - twenty (20) spaces, plus one (1) space
for each one hundred (100) square feet of floor area over one thousand
(1,000) square feet.
(5)
Convalescent home or home for aged - one (1) space for each six (6)
rooms or beds.
(6)
Gasoline service station - minimum of six (6) spaces.
(7)
Golf course - minimum of thirty (30) spaces.
(8)
High school, college or university - one (1) space for each classroom,
laboratory or instruction area, plus one (1) space for each three
(3) students accommodated in the institution.
(9)
Hospitals - one (1) space for every two (2) beds.
(10)
Hotel or motel - one (1) space for each room, unit or guest accommodation.
(11)
Institutions of a philanthropic nature - ten (10) spaces, plus one
(1) space for each employee.
(12)
Library or museum - ten (10) spaces, plus one (1) space for each
three hundred (300) square feet of floor area.
(13)
Manufacturing, processing or repairing - one (1) space for each two
(2) employees, or one (1) space for each one thousand (1,000) square
feet of floor area, whichever is greater.
(14)
Offices, general - one (1) space for each three hundred (300) square
feet of floor area (minimum of five (5) spaces).
(15)
Place of public assembly not listed - one (1) space for each three
(3) seats provided.
(16)
Recreational, private or commercial area or building (other than
listed) - one (1) space for every three (3) persons to be normally
accommodated in the establishment.
(17)
Restaurant or cafeteria - one (1) space for every three (3) seats
under maximum seating arrangement (minimum of five (5) spaces).
(18)
Retail or personal service - one (1) space for each two hundred (200)
square feet of floor area (minimum of five (5) spaces).
(19)
Schools, elementary or junior high - one (1) space for each classroom,
plus one (1) space for each four (4) seats in any auditorium, gymnasium,
or other place of assembly, whichever is greater.
(20)
Storage or warehousing - one (1) space for each two (2) employees,
or one (1) space for each one thousand (1,000) square feet of floor
area, whichever is greater.
(21)
Theaters, meeting rooms, and places of public assembly one (1) space
for every three (3) seats.
(d)
Off street parking regulations.
(1)
In computing the parking requirements for any building or development,
the total parking requirements shall be the sum of the specific parking
space requirements for each class of use included in the building
or development. Provided, however, no overnight parking shall be permitted
in or on any public street.
(2)
Floor area of structure devoted to off-street parking of vehicles
shall be excluded in computing the off-street parking requirements
of any use.
(e)
Parking requirements for new or unlisted use.
(1)
Where questions arise concerning the minimum off-street parking requirement
for any use not specifically listed, the requirements may be interpreted
as those of a similar use.
(2)
Where a determination of the minimum parking requirements cannot
be readily ascertained for new or unlisted uses, the determination
shall be made according to paragraph (e)(1) above.
(2002 Code, sec. 12.121)
(a)
Courts.
Where an apartment building is erected so as
to create enclosed inner courts, the faces of all opposite walls in
such courts shall be a minimum distance of thirty feet (30') apart
and no balcony or canopy shall extend into such court area for a distance
greater than five feet (5').
(b)
Location of dwellings and buildings.
Only one (1) main
building for one-family, two-family or multiple-family use with permitted
accessory building may be located upon a lot or unplatted tract. Every
dwelling shall face or front upon a public street, or approved place,
other than an alley, which means of access shall have a minimum width
of thirty feet (30'). Where a lot is used for retail, commercial,
industrial purposes, or a combination of same, or for a combination
of retail and dwelling purposes, more than one (1) main building may
be located upon the lot, but only when such buildings conform to all
the open space, parking and density requirements applicable to the
uses and districts and when all such main buildings face upon a public
street, other than an alley. Whenever two (2) or more main buildings,
or portions thereof, are desired to be placed upon a single lot or
tract and such buildings will not face upon a public street, the same
may be permitted when the site plan for such development is approved
by the planning and zoning commission so as to comply with the normal
requirements for platting. No parking area, storage area, or required
open space for one (1) building shall be computed as being the open
space, yard or area requirements for any other dwelling or other use.
(c)
Temporary construction buildings.
Temporary buildings
and temporary building material storage areas to be used for construction
purposes may be permitted for a specific period of time in accordance
with a permit issued by the building official of the town, and subject
to periodic renewal by the official for cause shown. Upon completion
or abandonment of construction or expiration of permit, such field
offices and buildings shall be removed at the direction of the building
official of the town.
(2002 Code, sec. 12.122)
(a)
No permit for the construction of a building or buildings upon any
tract or plot shall be issued until a building site, building tract
or building lot has been created by compliance with one (1) of the
following conditions:
(1)
The lot or tract is part of a plat of record, properly approved by
the planning and zoning commission and filed in the plat records of
the county.
(2)
The site plot or tract is all or part of a site plan officially approved
by the governing body of the town in a planned development district,
after recommendation by the planning and zoning commission, which
site plan provides all utility and drainage easements, alleys, streets
and other public improvements necessary to meet the normal requirements
for platting, including the designation of building areas and such
easements, alleys and streets have been required and properly dedicated
and the necessary public improvements provided.
(3)
The plot, tract or lot faces upon a dedicated street and was separately
owned prior to the effective date of this article or prior to annexation
to the town, whichever is applicable, in which event a building permit
for only one (1) main building may be issued on each such original
separately owned parcel, without first complying with the provisions
of (1) and (2) above.
(2002 Code, sec. 12.123)
Any of the following uses may be located in any district by
special use permit of the town council, after public hearing and after
recommendation by the commission, under such conditions as to operations,
site development, parking, signs, and time limits as may be deemed
necessary in order that such use will not seriously injure the appropriate
use of neighboring property and will conform to the general intent
and purpose of this article.
(1)
Amusement parks, commercial baseball or athletic fields, racetracks,
circuses, carnivals and fairgrounds.
(2)
Cemeteries, mausoleums or crematories for the disposal of the human
dead.
(3)
Churches, places of religious worship, and fraternal or civic organization
club houses.
(4)
Day nurseries.
(5)
Drive-in theaters and walk-in theaters.
(6)
Golf driving ranges, commercial or illuminated.
(7)
Gun clubs, skeet, trap and target shooting ranges.
(8)
Hospitals for the insane or feeble-minded, or alcoholic or drug addicts,
or penal or correctional institutions.
(9)
Picnic groves and fishing lakes, including minor and incidental concession
facilities for patrons only.
(10)
Nursery sales offices, buildings or greenhouses (wholesale or retail).
(11)
Radio, television and microwave towers.
(12)
Refuse dumps.
(13)
Reservoirs, wells, towers, filter beds or water supply plants.
(14)
Riding stables and tracks.
(15)
Sewage, refuse, garbage disposal plants or sanitary fills.
(16)
Storage and sale of LP gas, other than bulk plants.
(17)
Swimming pools, commercial.
(18)
Trailer courts, subject to town ordinances.
(19)
Buildings, structures and premises for public utility service, of
public service corporations, which buildings or uses the town council
after report of the commission, deems reasonably necessary for public
convenience or welfare.
(20)
Alternative financial establishments.
(21)
Sexually oriented businesses, as described in article 4.02, as may be permitted in commercial areas in zoning district C-2 only.
(22)
Establishments that derive at least seventy-five percent (75%) of
the establishment’s gross revenue from the on-premises sale
of alcoholic beverages. This use is permissible by special use permit
only in the C-1 and C-2 commercial districts and only where the place
of business is not within three hundred feet (300') of a church, public
school or public hospital.
(23)
Establishments which hold and have been issued a private club registration
permit or other private club permit under the state alcoholic beverage
code, chapter 32 or chapter 33 if:
(A)
The establishment derives at least thirty-five percent (35%) of its
gross revenues from the on-premises sale or service of alcoholic beverages;
(B)
The premises of the establishment are located in a dry area; and
(C)
The permit is not issued to a fraternal or veterans organization
of the holder of a food and beverage certificate issued by the state
alcoholic beverage commission.
|
This use is permissible by special use permit only in the C-1
and C-2 commercial districts and only where the place of business
is not within three hundred feet (300') of a church, public school
or public hospital.
The measurement of the distance between the place of business
where alcoholic beverages are sold and a church, public hospital and
residence, excluding a residence situated on a commercially zoned
piece of property, shall be along the property lines of the street
fronts and from front door to front door, and in a direct line across
intersections. The measurement of the distance between the place of
business where alcoholic beverages are sold and the public schools
shall be in a direct line from the property line of the public school
to the property line of the place of business, and in direct line
across intersections.
|
(24)
Retail Sales, Outdoor in the C-2 Commercial or LI - Light Industrial
districts only.
(25)
Restaurant with drive-through in the C-2 Commercial district only.
Any existing restaurant with drive-through which
has a valid certificate of occupancy and which is in operation as
of the effective date of this subsection is deemed legal conforming
until the earlier of: (A) the change of brand or franchise flag for
the restaurant; (B) the transfer of the certificate of occupancy;
or (C) the building is damaged or destroyed to the extent that the
cost of repair or replacement will equal or exceed sixty percent (60%)
of the fair market value of the structure, exclusive of foundations,
utility connections, furniture and equipment. In such case, a special
use permit shall be required.
(Ordinance 1999-0208-02 adopted 2/8/99; Ordinance 11-24-97-1-A-02-08-99-02 adopted 2/8/99; 2002 Code, sec.
12.128; Ordinance 2013-0520-02,
sec. 2, adopted 5/20/13; Ordinance 2021-0621-001 adopted 6/21/21; Ordinance 2023-08 adopted 7/10/2023)
