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Form #877

Complete Form of Zoning Ordinance

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Complete Form of Zoning Ordinance - Free Legal Form

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Complete form of zoning ordinance.

Article I.

General Provisions

Section 1. Citation.

This ordinance is adopted in pursuance of the authority granted by the charter of the city of _________ and is in exercise of that authority. It shall be known as the Zoning Ordinance of _________[city] and may be so cited.

Section 2. Purpose and necessity.

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population, and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities.

Section 3. Nature of zoning plan.

This ordinance classifies and regulates the use of land, buildings, and structures within the city limits of the city of _________, state of _________, as hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land as to height and number of stories of buildings, coverage of the land by buildings, size of yards and open spaces, density of population and location and use of buildings.

Section 4. Regulation of use, height, area, yards and open spaces.

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard and space requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the articles contained herein relating to any or all districts.

Section 5. Zones.

1. Zoning map. The city of _________ is hereby divided into zones as shown on the zoning map (map No. 1, dated _________, 19__) filed with the city clerk. The map and all explanatory material thereon is hereby made a part of this ordinance.

2. Districts. Zones shall be designated as follows:

A-1, General Agricultural District

A-2, Rural Agricultural District

RE, Residential Estate Dwelling District

R-1-15, Single-family Dwelling District; 15,000 Square Foot minimum

R-1-10, Single-family Dwelling District; 12,000 Square Foot minimum

R-1, Single-family Dwelling District

R-2, Two-family Dwelling District

R-3, Multifamily Dwelling District

CO, Suburban Office Commercial District

C-1, Local Commercial District

C-2, General Commercial District

TC, Tourist Commercial District

C-3, Intensive Commercial District

M-1, Restricted Industrial District

I-1, Light Industrial District

I-2, Heavy Industry District

RM-2, Low-density Apartment District

RM-6, Medium Density Apartment District

FH, Flood Hazard District

PL, Park Land District

Section 6. Definitions.

For the purpose of these regulations certain terms and words are to be used and interpreted as defined in Section 50. Words used in the present tense shall include the future tense; words in the singular number include the plural; and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

Section 7. Interpretation of District Boundaries.

Determination of boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(a). Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

(b). Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(c). Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning map.

(d). Where the boundary of a district line follows a railroad line such boundary shall be 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.

Section 8. Vacation of public easements.

Whenever any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of the land accrue shall become the classification of the vacated land.

Section 9. Nonconforming uses.

Continuation. Any use or structure existing at the time of enactment or subsequent amendment of this ordinance, but not in conformity with its provisions, may be continued with the following limitations. Any use or building which does not conform to the provisions of this ordinance may not be:

(a). Changed to another nonconforming use.

(b). Reestablished after discontinuance for two years.

(c). Extended except in conformity to this ordinance.

Provided, however, that all buildings and uses existing at the time of passage of this ordinance which do not comply with the required off-street parking requirement, as specified in sections 35–38, shall not be defined as nonconforming uses because of a lack of said off-street parking facilities under the terms of this ordinance.

Article II.

Specific District Regulations

Section 10. A-1, General Agricultural District.

1. General description. This district is intended to provide a zoning classification for the 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 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 district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.

2. Uses permitted. Property and buildings in an A-1, General Agricultural District shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). Church.

(c). Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping.

(d). Agricultural crops.

(e). The raising of farm animals in accordance with the ordinances of _________, but not the operation of commercial feed pens for cattle or hogs. On all tracts of land less than 40 acres the raising of hogs shall be prohibited, and on all larger tracts the number of hogs shall not exceed 20 grain fed plus 3 grain fed hogs for each additional 40 acres. Hogs shall not be located closer than two hundred (200) feet from the property line of the tract on which they are located.

(f). All of the following uses:

Country club.

Golf course (excluding miniature golf courses).

Home occupation.

Library, municipal use.

Park or playground.

Plant nursery.

Public service or utility use.

(g). Bulletin board or sign, not exceeding forty (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.

(h). Accessory buildings including barns, sheds, and other farm buildings which are not part of the main building.

3. Area regulations.

(a). Front yard: All buildings shall be setback from street or section line right-of-way lines to comply with the following front yard requirements.

(1). The minimum depth of the front yard shall be twenty-five (25) feet.

(2). If twenty-five percent (25%) 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 twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line; then no building 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 forty (40) feet.

(3). When a lot has double frontage the front yard requirements shall be provided on both streets.

(b). Side yard:

(1). 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 five (5) feet and of not less than eight (8) feet for dwellings of more than one story, except as hereinafter provided in Section 33. For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to setback more than three (3) feet from an interior side lot line when all parts of the accessory building are located not less than sixty (60) feet from the front property line.

(2). For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

(3). Main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.

(c). Rear yard: There shall be a rear yard for a main building of not less than twenty (20) feet or twenty percent (20%) 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.

(d). Lot width: For dwellings there shall be a minimum lot width of fifty (50) feet at the front building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(e). Intensity of use:

(1). For each dwelling and buildings accessory thereto there shall be a lot area of not less than two (2) acres.

(2). Where a lot has less area than herein required and all of the boundary lines of that lot touch lands under other ownership at the effective date of this ordinance that lot may be used for one single-family dwelling unit or for the uses set forth in subsection 2 above, but not for the raising of animals.

(3). For churches, 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 sections 35–37 of this code.

(f). Coverage: Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

Section 11. A-2, Rural Agricultural District.

1. General description. This district is intended to provide a zoning classification for land situated relatively remote from the urban area, which is used for agricultural purposes and will not be undergoing urbanization in the immediate future. None of these areas will be in close proximity to residential and commercial uses. Therefore, the agricultural activities conducted in this district should not be restricted. The types of uses, area and intensity of use of land which is authorized in this district is designed to encourage and protect all agricultural uses until urbanization is warranted and the appropriate change in district classification is made. Areas included within this district are considered to be sufficiently remote from developed urban areas, that exploration for and production of oil and gas will not be hazardous or detrimental to persons and property within the developed portions of the city.

2. Uses permitted. Property and buildings in an A-2, Rural Agricultural District shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). Church.

(c). Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping.

(d). Agricultural crops.

(e). The raising of farm animals.

(f). All of the following uses:

Country club.

Golf course (excluding miniature golf courses).

Home occupation.

Library, municipal use.

Park or playground.

Plant nursery.

Public service or utility use.

(g). Bulletin board or sign, provided that all of the following conditions are fully complied with:

(1). No sign shall exceed twenty (20) feet in height and sixty (60) feet in length.

(2). No sign shall be located closer to any other sign than 1,000 feet on one side of a street or road and 500 feet of any other sign on the opposite side of a street or road except that this shall not apply to signs not exceeding eighty (80) square feet in copy area appertaining to the lease, hire, or sale of crops or products on the premises on which it is located.

(3). No sign shall be located closer to any public right-of-way than twenty-five (25) feet.

(4). All signs existing on the effective date of this ordinance and all new signs shall be maintained in a good state of repair. Failure to comply with this provision shall constitute grounds for removal of said sign upon the giving of notice by the city building inspector.

(5). Prior to the installation of a bulletin board or sign of any type, the person or firm intending to install or permit the installation of the sign shall check with the city building inspector for conformity of the sign location and size with the provisions of this ordinance.

The building inspector, upon receiving an application for a sign location, shall note the location upon suitable maps and issue a permit if the proposed location and size is in conformity with the provisions of this section. Unless construction of the sign has begun within one month and completed within three months after the date of issuance, the permit shall be automatically revoked by the building inspector and notice of said revocation shall be sent to the applicant.

(6). Permanent identification name plates shall be attached to and maintained on all signs and shall give the name of the company or person responsible for installation and maintenance of the sign.

(7). Nonconforming signs: The use of any sign or other advertising structure in existence on the effective date of this ordinance and which violates or does not conform to the provisions hereof may be continued so long as such sign or structure is maintained in a safe, secure, and good state of repair; provided, however, that such sign or structure shall not be enlarged or replaced except so as to conform with the provisions of this ordinance.

(h). Accessory buildings, including barns, sheds and other farm buildings which are not part of the main building.

(i). Drilling for and production of petroleum and natural gas.

3. Uses permissible on review.

(a). Skeet and trap shooting, public or private.

(b). Riding academy and public stable.

(c). Farm feed store.

(d). Dry dock boat storage, but not including sales or service. Provided, either at the time of submission of an application for rezoning to permit the above specified uses, or prior to the issuance of a building permit for the improvement of the land to be rezoned, the applicant shall submit a plot plan reflecting all proposed uses and facilities to be utilized in connection with the above stated uses, which uses shall be those ordinarily or customarily associated with said respective uses; said plot plan shall reflect the location and dimensions of all such facilities; the exact type of commercial enterprises to be carried on in connection therewith and the building or structure wherein such enterprises shall be located, and only those facilities and businesses reflected on the plot plan shall be constructed, installed and utilized and shall not be altered as to the nature of the business or type of structure without specific permission after review of an application for said alterations, and, provided further, said plot plan shall be incorporated into the zoning ordinance by reference and become a part thereof.

(e). A home-oriented retail fish bait establishment with accessory retail sales, conforming with all of the following requirements:

(1). Said establishment shall be operated solely by the owner-occupant and members of his immediate family, all of whom shall be permanent residents on the premises.

(2). Said establishment shall be operated as a secondary function to the dwelling unit located on the premises.

(3). The operation of said establishment, including vehicle parking, shall not encumber more than fifteen thousand (15,000) square feet of the land area owned by the owner-occupant of the dwelling unit existing on the premises.

(4). No signs or advertising shall be allowed other than one (1) sign not exceeding two (2) square feet on a single face. Said sign shall be attached to the dwelling unit located on the premises.

(5). Said establishment may be operated either in an existing structure or part thereof, or in a constructed accessory structure having a horizontal roof coverage of the ground below of not more than three hundred (300) square feet.

(6). Retail sales of accessory retail merchandise associated with said establishment shall not encumber more than one hundred (100) square feet of floor area within the covered area permitted in paragraph (5) above.

Application for said use permissible on review shall be accompanied by a plot plan drawn to scale showing in detail the operation of the request to be considered, the structures to be constructed, parking areas, and points of ingress and egress to public right(s)-of-way.

(f). University or college offering undergraduate and/or graduate degrees.

(g). Rodeo facilities and show barns.

(h). Recreational camp.

(i). Child care establishment.

4. Area regulations.

(a). Front yard: The minimum front yard shall be 50 feet or 100 feet from the center line of the public street or road, whichever distance shall be the greater.

(b). Side yard: The minimum side yard shall be 25 feet.

(c). Rear yard: The minimum rear yard shall be 50 feet.

(d). Lot width: The minimum lot width shall be 250 feet measured at the front building line, and such lot or parcel on which a dwelling structure is or to be located shall abut on a single public street or road a distance of not less than 250 feet.

(e). Intensity of use:

(1). For each dwelling and buildings accessory thereto there shall be a lot area of not less than five (5) acres.

(2). Where a lot has less area than herein required and all of the boundary lines of that lot touch lands under other ownership at the effective date of this section that lot may be used for the purpose authorized in this district.

(3). For churches, 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 section _________ of this code.

(f). Coverage: Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

Section 12. RE, Residential Estate Dwelling District.

1. Uses permitted. Property and buildings in an RE, Residential Estate Dwelling District shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). One guest house, provided no cooking facilities are provided in this house.

(c). General purpose farm, garden and nursery, provided that any crop or product grown or produced on the premises is not sold on or near the lot where it is produced.

(d). The keeping of not more than two (2) horses, provided that pens for such animals shall be located at least 25 feet from side and rear lot lines and 100 feet from the front lot line, except that additional horses over two may be permitted provided that for each additional horse over two, two additional acres shall be required and the distance of pens from side and front lot lines shall be increased by ten feet for each additional horse.

2. Uses permissible on review. The following uses may be permissible on review by the city planning commission in accordance with provisions contained in section 42 of this code; provided that structures incidental to these uses are located at least fifty (50) feet from any property line.

(a). Church.

(b). Public elementary school.

(c). Public operated recreation or water supply.

(d). Private recreation operated on a nonprofit basis for residents of the subdivision or immediate area.

(e). Child care establishment.

3. Area and setback regulations.

(a). Front yard: All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1). The minimum depth of the front yard shall be fifty (50) feet.

(2). When a lot has double frontage the front yard requirements shall be provided on both streets.

(b). Side yard:

(1). The minimum width of side yard shall be twenty-five (25) feet.

(2). On any corner lot a building shall set back from the street line of the intersecting street a distance of at least forty (40) feet.

(c). Rear yard: There shall be a rear yard having a depth of at least thirty (30) feet, unattached one-story buildings of accessory use shall be set back at least twenty-five (25) feet from the utility easement, alley, or rear lot line.

(d). Lot width: There shall be a minimum lot width of one hundred and fifty (150) feet at the building line, and such lot shall abut on a street for a distance of not less than sixty-five (65) feet except that on a cul-de-sac turn around this may be reduced to fifty (50) feet.

(e). Lot depth: The maximum depth of any lot shall be not more than four (4) times the lot width or six hundred and forty (640) feet, whichever distance shall be the greater.

(f). Intensity of use: There shall be a lot area of not less than two (2) acres, except that where a lot or parcel has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this ordinance that lot may be used for any of the uses permitted by this section but may not be split or divided into smaller lots or parcels; provided, however, that the lot size may be reduced to one (1) acre in those cases where the rear one (1) acre portion of the lot is being dedicated to the public for park and drainage purposes and further provided that such dedication is accepted by the city commission.

(g). Limit on buildings: Not more than one (1) main building shall be constructed on any one (1) lot.

4. Height regulations. Except as provided in section 34 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

Section 13. R-1-15, Single-family Dwelling District; 15,000 Square Foot Minimum.

1. Uses permitted. Property and buildings in an R-1-15, Single-family Dwelling District, 15,000 square foot minimum, shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). Church.

(c). School offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(d). General purpose farm, garden and nursery.

(e). Home business.

(f). Publicly operated recreation or water supply.

(g). Accessory buildings which are not a part of the main buildings, including a private garage or servant's quarters, not less than five (5) feet from any side lot line, or accessory buildings which are a part of the main building, including a private garage, servant's quarters, or a guest house having no cooking facilities.

(h). Bulletin board or sign, not exceeding six (6) 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.

2. Uses permissible on review. The following uses may be permissible on review by the city planning commission in accordance with the provisions contained in section 42 of this code; provided, that structures incidental to these uses are located thirty-five (35) feet from any property line:

(a). Municipal use, public building and public utility.

(b). Private club not conducted for profit.

3. Area regulations.

(a). Front yard: All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1). The minimum depth of the front yard shall be twenty-five (25) feet.

(2). If twenty-five percent (25%) 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 twenty-five (25) feet, and no building varies more than five (5) 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 regulation shall not require a front yard of greater depth than forty (40) feet.

(3). When a yard has double frontage the front yard requirements shall be provided on both streets.

(b). Side yard:

(1). Except as hereinafter provided in the following paragraph and in section 33, there shall be a side yard on each side of a main building which shall have a width of not less than five (5) feet; unattached, one-story buildings of accessory use shall be setback five (5) feet from any side lot line, provided, however, that accessory buildings shall not be required to set back more than three (3) feet from the interior side lot line when all parts of said building are located not more than fifty (50) feet from the rear property line or rear utility easement line.

(2). On any corner lot a building shall setback from the street line of the intersecting street a distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(c). Rear yard:

(1). There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller; unattached one-story buildings of accessory use shall set back one (1) foot from the utility easement or alley line.

(d). Lot width: There shall be a minimum lot width of one hundred (100) feet at the building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(e). Intensity of use: There shall be a lot area of not less than fifteen thousand (15,000) square feet, except that where a lot has less area than herein required and all boundary lines of that lot touch lands under one ownership on the effective date of this ordinance that lot may be used for any of the uses permitted by this section.

(f). Coverage: Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

(g). Limit on buildings: Not more than one (1) main building shall be constructed on each fifteen thousand (15,000) square feet of area.

4. Height regulations. Except as provided in section 33 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

Section 14. R-1-10, Single-family Dwelling District; 10,000 Square Foot Minimum.

1. Uses permitted. Property and buildings in an R-1-10, Single-family Dwelling District, 10,000 square foot minimum, shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). Church.

(c). School offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(d). General purpose farm, garden, and nursery.

(e). Home business.

(f). Publicly operated recreation or water supply.

(g). Accessory buildings which are not a part of the main buildings including a private garage or servant's quarters, not less than five (5) feet from any side lot line, or accessory buildings which are a part of the main building, including a private garage, servant's quarters, or guest house having no cooking facilities.

(h). Bulletin board or sign, not exceeding six (6) 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.

2. Uses permissible on review. The following uses may be permissible on review by the city planning commission in accordance with the provisions contained in section 42 of this code, provided that structures incidental to these uses are located thirty-five (35) feet from any property line:

(a). Municipal use, public building and public utility.

(b). Private club not conducted for profit.

3. Area regulations.

(a). Front yard: All buildings shall be setback from street right-of-way lines to comply with the following front yard requirements:

(1). The minimum depth of the front yard shall be twenty-five (25) feet.

(2). If twenty-five percent (25%) 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 twenty-five (25) feet, and no building varies more than five (5) 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 regulation shall not require a front yard of greater depth than forty (40) feet.

(3). When a yard has double frontage the front yard requirements shall be provided on both streets.

(b). Side yard:

(1). Except as hereinafter provided in the following paragraph and in section 33 of this code, there shall be a side yard on each side of a main building which shall have a width of not less than five (5) feet; unattached, one-story buildings of accessory use shall be set back five (5) feet from any side lot line, provided however, that accessory buildings shall not be required to setback more than three (3) feet from the interior side lot line when all parts of said building are located not more than fifty (50) feet from the rear property line or rear utility easement line.

(2). On any corner lot a building shall setback from the street line of the intersecting street a distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(c). Rear yard:

(1). There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller; unattached one-story buildings of accessory use shall set back one (1) foot from the utility easement or alley line.

(d). Lot width: There shall be a minimum lot width of seventy-five (75) feet at the building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(e). Intensity of use: There shall be a lot area of not less than ten thousand (10,000) square feet, except that where a lot has less area than herein required and all boundary lines of that lot touch lands under one ownership on the effective date of this ordinance that lot may be used for any of the uses permitted by this section.

(f). Coverage: Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

(g). Limit on buildings: Not more than one (1) main building shall be constructed on each ten thousand (10,000) square feet of area.

4. Height regulations. Except as provided in section 34 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

Section 15. R-1, Single-family Dwelling District.

1. Uses permitted. Property and buildings in an R-1, Single-family Dwelling District, shall be used only for the following purposes:

(a). Detached one-family dwelling.

(b). General purpose farm, garden, and nursery.

(c). Home business.

(d). Municipal recreation or water supply.

(e). Accessory buildings which are not a part of the main buildings, including a private garage or servant's quarters (without cooking facilities) not less than five (5) feet from any side lot line, or accessory buildings which are a part of the main building, including a private garage or servant's quarters (without cooking facilities).

(f). Bulletin board or sign, not exceeding twelve (12) 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.

2. Uses permissible on review. The following uses may be permissible on review by the R-1 District, in accordance with provisions contained in section 42:

(a). Municipal use, public building and public utility.

(b). Private club not conducted for profit.

(c). Child care establishments as defined in section _________ of the code of the city of _________.

(d). Public or private golf courses to be situated in all residential zoning districts subject to review and permission granted, provided that plot plans be submitted with each application reflecting all proposed uses and facilities to be utilized in connection with said golf course which uses shall be restricted to those normally or usually appertaining to golf courses, country clubs or club house facilities; said plot plan shall reflect the exact location, design and dimensions of all such facilities, including the tees, greens, buildings, night lighting installations and other active use areas connected with said course, which said plot plan shall be incorporated in the ordinance granting the zoning; said plot plan shall further reflect the exact type of commercial enterprise to be carried on, and the building in which it is to be situated, and only those facilities so delineated and shown on the plot plan shall be constructed and installed and shall not be altered as to nature of business or size of structure without specific permission after review of an application for such alterations.

(e). Church.

(f). School offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

(g). Planned unit development, the plat of which meets the requirements of section 41 of the code.

3. Area regulations.

(a). Front yard: All buildings shall be setback from street right-of-way lines to comply with the following front yard requirements:

(1). The minimum depth of the front yard shall be twenty-five (25) feet.

(2). If twenty-five percent (25%) 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 twenty-five (25) feet, and no building varies more than five (5) 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 regulation shall not require a front yard of greater depth than forty (40) feet.

(3). When a lot has double frontage the front yard requirements shall be provided on both streets.

(b). Side yard:

(1). Except as hereinafter provided in the following paragraph and in section 33, there shall be a side yard on each side of a main building which shall have a width of not less than five (5) feet; unattached, one-story buildings of accessory use shall be setback five (5) feet from any side lot line, provided, however, that accessory buildings shall not be required to setback more than three (3) feet from the interior side lot line when all parts of said building are located not more than fifty (50) feet from the rear property line or rear utility easement line.

(2). On any corner lot a building shall setback from the street line of the intersecting street distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(c). Rear yard: There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller; unattached one-story buildings of accessory use shall setback one (1) foot from the utility easement or alley line.

(d). Lot width: There shall be a minimum lot width of fifty (50) feet at the building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(e). Intensity of use: There shall be a lot area of not less than six thousand (6,000) square feet, except that where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this ordinance that lot may be used for any of the uses permitted by this section.

(f). Coverage: On interior lots, main and accessory buildings shall not cover more than fifty percent (50%) of the lot area, excluding required yards. On corner lots, main and accessory buildings shall not cover more than fifty percent (50%) of the area of the lot, excluding required front, rear, and interior side yards and five feet of the required side yard on the intersecting street. However, in no case shall the maximum coverage allowed under this provision be established at less than twenty-five percent (25%) of the total lot area for interior lots or thirty percent (30%) of the total lot area for corner lots.

(g). Limit on buildings: Not more than one (1) main dwelling shall be constructed on each six thousand (6,000) square feet of area.

4. Height regulations.

(a). Except as provided in section 34 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

(b). Any accessory building exceeding twelve (12) feet in height shall have the required side and rear yard setbacks increased by one (1) foot for each additional foot of height above twelve (12). Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

Section 16. RM-2, Low-density Apartment District.

1. Purposes. The RM-2 District is designed to provide areas for low-density multifamily housing which will be compatible, in terms of limitations of bulk and the providing of open space, with adjoining single-family and two-family development.

2. Uses permitted. Property and buildings in the RM-2 District shall be used only for uses permissible on review, as set forth in subsection 3 hereof and the following purposes:

(a). Any uses permitted in the R-1 District.

(b). Two-family dwelling, garage apartment.

(c). Apartment house.

(d). Boarding house, rooming house.

(e). The following uses, provided that where any such use abuts another property in a residential district, the minimum yards along the common boundaries shall be at least thirty (30) feet:

(1). Convalescent home, rest home, nursing home.

(2). Hospital, sanitarium, institution for philanthropic use.

(f). Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

3. Uses permissible on review. The following uses may be permissible on review in the RM-2 District, in accordance with provisions contained in section 42:

(a). Any use permissible on review in the R-1 District.

(b). Fraternity, sorority house.

(c). Off-street parking lot to be used as open space for vehicular parking, provided that such parking lot is adjacent to the land on which the principal use is located or separated therefrom only by a street or alley if the principal use is in the CO, C-1, C-2, C-3, I-1, or I-2 District or is separated therefrom by a distance of not more than 200 feet exclusive of streets and alleys if the principal use is located in the R-1, RM-2, RM-6 or RO District.

(d). Prepackaged food store and toiletries within apartment buildings or complexes wherein there are a minimum of 150 family-dwelling units, provided that:

(1). Such store is limited to the main floor or below of the building in which it is located.

(2). There is no direct entrance thereto from any public street, sidewalk or other public way.

(3). No part of such store, or its entrance, is visible from any public way, street or sidewalk.

(4). That such store shall not be advertised in any manner.

(5). In reviewing any application for permission to establish and operate any such store in any apartment building or complex, the following matters shall be considered:

(A). The proximity of other business or commercial districts, and whether or not the proposed store would constitute an independent commercial enterprise, as opposed to any "accessory" use to the tenants of the apartment complex.

(B). Service entrances for delivery vehicles and adequate space for the parking of customers.

(C). The size and character of the apartment building or complex, since the tenants thereof will be expected to furnish substantially all of the financial support of such store.

(6). Any ordinance hereafter enacted granting permission for the establishment and operation of any prepackaged food store after review, may set forth restrictions as to the space to be occupied, provisions for the automatic termination of permission for violations, and any other reasonable conditions which to the commission may seem proper.

(e). Office buildings for professional, business, administrative, and medical personnel, provided that:

(1). No retailing, wholesaling, or servicing of merchandise shall be permitted on the premises.

(2). No storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises.

4. Area regulations. Property and buildings in the RM-2 District shall be subject to the following area regulations:

(a). Front yard: Front yard requirements shall be the same as those of the R-1 District.

(b). Side yards: Side yard requirements shall be the same as those of the R-1 District, except that a garage apartment shall have a side yard of at least five (5) feet, and except as provided in section 33 of this code.

(c). Rear yard: There shall be a rear yard of not less than fifteen (15) feet; one-story unattached buildings of accessory use shall be setback one (1) foot from the utility easement or alley line, and garage apartments shall be setback ten (10) feet from the rear lot line, except as provided in subsection 2(e) hereof.

(d). Lot width: There shall be a minimum lot width of fifty (50) feet at the building line for a single-family dwelling or for a two-family dwelling, and ten (10) feet additional width for each additional family occupying the lot; but the width need not exceed one hundred (100) feet. Such lot shall abut on a street not less than thirty-five (35) feet.

(e). Intensity of use:

(1). The minimum area of a lot for residential use shall be six thousand (6,000) square feet, subject to the provisions of section 33, paragraph (g) of this code.

(2). There shall be not less than thirty-two hundred and fifty (3,250) square feet of lot area per family on any lot.

(3). The ratio of floor area to lot area shall not exceed 0.30.

5. Height regulations.

(a). Except as provided in section 34 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

(b). Any accessory building exceeding twelve (12) feet in height shall have the required side and rear yard setbacks increased by one (1) foot for each additional foot of height above twelve (12). Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

Section 17. RM-6, Medium-density Apartment District.

1. Purposes. The RM-6 District is designed to encourage the developing of neighborhoods having a variety of dwelling types, including townhouses, thus providing for the varying requirements of families. The regulations are intended to ensure compatibility with adjacent existing and proposed low-density apartment development.

2. Uses permitted. Property and buildings in the RM-6 District shall be used only for uses permissible on review, as set forth in subsection 3 hereof, and the following purposes:

(a). Any uses permitted in the RM-2 District.

(b). Townhouse development, the plat of which meets the requirements of section 39 of this code.

(c). Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

3. Uses permissible on review.

(a). Private club not conducted for profit.

(b). Funeral parlor, mortuary.

4. Area regulations. Property and buildings in the RM-6 District shall be subject to the following area regulations:

(a). Front yard: Front yard requirements shall be the same as those in the R-1 District.

(b). Side yard: Side yard requirements shall be the same as those in the RM-2 District, except as required for tall buildings by the provisions of subsection 5 hereof.

(c). Rear yard: Rear yard requirements shall be the same as those in the RM-2 District.

(d). Lot width: Lot width requirements shall be the same as those in the RM-2 District.

(e). Intensity of residential use: One-family and two-family dwellings.

(1). Minimum lot area: The minimum area of a lot for single-family use shall be six thousand (6,000) square feet, subject to the provisions of section 33 of this code, and the minimum area of a lot for two-family use shall be sixty-five hundred (6,500) square feet.

(2). Floor area ratio: The ratio of floor area to land area of the site shall not exceed 0.4.

(3). Coverage: Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

(f). Intensity of residential use: Apartment houses.

(1). Minimum lot area: The minimum area of a lot for an apartment house use shall be nine thousand (9,000) square feet.

(2). Floor area ratio: The ratio of floor area to the land area of the site shall not exceed four-tenths (0.4), except as provided in paragraph (h) hereof.

(3). Open space ratio: The ratio of open space to floor area shall be at least one and eight-tenths (1.8).

(4). Livability space ratio: The ratio of livability space to floor area shall be at least ninety-five hundredths (0.95).

(5). Recreation space ratio: The ratio of recreation space to floor area shall be at least thirteen hundredths (0.13).

(g). Intensity of nonresidential use: In any nonresidential building, the ratio of floor area to lot area shall not exceed one-half (0.5), except as provided in paragraph (h) hereof.

(h). Floor area bonus for enclosure of parking: If all or part of the off-street parking space required for a lot under these regulations is provided within an enclosed building, the maximum floor area permitted on such lot shall be increased by one-half of the floor area of such enclosed parking, but such permitted floor area shall not be increased under this provision by more than one-fourth of the area otherwise permitted. (The words "enclosed building" shall mean at least 60% enclosure on all exterior walls, to be measured from floor level up on each floor of parking.)

5. Height regulations.

(a). In the RM-6 District there shall be no limit on the height of principal structures, provided that any portion of a structure exceeding thirty-five (35) feet in height is setback from side and rear lot lines abutting other property in residential districts at least one (1) foot in addition to the minimum setback for each additional foot of height.

(b). Any accessory building exceeding twelve (12) feet in height shall have the required side and rear yard setbacks increased by one (1) foot for each additional foot of height above twelve (12). Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

Section 18. RO, Residence Office District.

1. Purposes. The RO District is designed to provide areas for high-density residential development, limited offices, convenience goods stores, and personal service establishments in conjunction with residential uses.

2. Uses permitted. Property and buildings in the RO District shall be used only for uses permissible on review, as set forth in subsection 3 hereof, and the following purposes:

(a). Any uses permitted in the RM-6 District, provided, however, that the minimum yards established for certain uses in section 16, subsection 2 of this code, shall be twenty (20) feet.

(b). Artists' and photographers' studio, but not including the processing of film for others.

(c). Medical or dental clinic or laboratory.

(d). Office of nonprofit association.

(e). Office of such professional person as accountant, architect, attorney, business or management consultant, court reporter, dentist or dental surgeon, engineer, geologist or geophysicist, linguist, landscape architect, optometrist without sales, osteopathic physician, planning consultant, psychologist, physician or surgeon, or registered nurse.

(f). Prescription pharmacy (only when provided in conjunction with (c) above).

(g). Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(h). Convenience goods and services as follows but only in conjunction with residential uses in a mixed building as qualified below:

(1). Convenience goods stores, including only: drugstore or proprietary store, florist, food store, including bakery (retail only), gift, novelty, or souvenir shop, hardware store, ice vending establishment, limited price variety store, liquor store, newsstand, paint, glass, or wallpaper store, or tobacco store.

(2). Personal service establishments, including only: barber shop, custom dressmaker, milliner, or tailor, drycleaning pickup or self-service, drycleaning plant limited to 7,000 sq. ft. of floor area, hat cleaning or repair shop, laundry pickup or self-service, optician or optometrist, pressing, alteration, or garment repair, shoe shine or repair shop.

In the case of a mixed building, the floor area devoted to nonresidential uses shall not exceed one-third (1/3) of the floor area devoted to residential uses; in calculating such ratio, common areas serving both residential and nonresidential areas shall be excluded.

3. Uses permissible on review. Any use permissible on review in the RM-6 District is permissible on review in the RO District.

4. Area regulations. Property and buildings in the RO District shall be subject to the following area regulations:

(a). Front yard: The minimum front yard shall be ten (10) feet.

(b). Side yard: Side yard requirements shall be the same as those in the RM-2 District, except as required for tall buildings by the provisions of subsection 5 hereof.

(c). Rear yard: There shall be a rear yard of not less than ten (10) feet; one-story unattached buildings of accessory use shall be setback one (1) foot from the utility easement or alley line, and garage apartments shall be setback ten (10) feet from the rear lot line.

(d). Lot width: Lot width requirements shall be the same as those in the RM-2 District, except as required for tall buildings by the provisions of subsection 5 hereof.

(e). Intensity of residential use: Options.

(1). Large lots: In the case of a lot which is either at least 40,000 square feet in area or bounded on all sides by streets, alleys, railroads, public lands, or physical barriers, the provisions of either paragraph (f) or paragraph (g) hereof shall apply, at the option of the applicant for a building permit.

(2). Small lots: In the case of all other lots, the provisions of paragraph (f) shall apply.

(f). Intensity of residential use: General option.

(1). Minimum lot area: The minimum area of a lot for residential use shall be six thousand (6,000) square feet, subject to the provisions of section 42 of this code.

(2). Floor area ratio: The ratio of floor area to lot area shall not exceed six-tenths (0.6), except as provided in paragraph (j) hereof.

(3). Coverage: Main and accessory buildings shall not cover more than forty percent (40%) of the lot area; accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

(g). Intensity of residential use: Large lot option.

(1). The ratio of floor area to the land area of the site shall not exceed eight-tenths (0.8), except as provided in paragraph (j) hereof.

(2). The ratio of open space to floor area shall be at least eighty-five hundredths (0.85).

(3). The ratio of livability space to floor area shall be at least four tenths (0.4).

(4). The ratio of recreation space to floor area shall be at least ninety-five thousandths (0.095).

(5). Coverage: Main and accessory buildings shall not cover more than forty percent (40%) of the lot area; accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

(h). Intensity of mixed uses: The residential portion of a mixed building shall be subject to the intensity provisions of residential buildings. The ratio of the floor area of a mixed building to the area of the lot or the land area shall not exceed the following limits:

General option: 0.80

Large lot option: 1.00

except as provided in paragraph (j) hereof.

(i). Intensity of nonresidential uses:

(1). Floor area ratio: The ratio of the floor area of a nonresidential building to the area of the lot or the land areas shall not exceed the following limits:

General option: 1.00

Large lot option: 1.25

except as provided in paragraph (j) hereof.

(2). Coverage: In the case of the general option, main and accessory buildings shall not cover more than fifty percent (50%) of the lot area.

(j). Floor area bonus for enclosure of parking: If all or part of the off-street parking space required for a lot under these regulations is provided within an enclosed building, the maximum floor area permitted on such lot shall be increased by one-half of the floor area of such enclosed parking, but such permitted floor area shall not be increased under this provision by more than one-fourth of the area otherwise permitted. (The words "enclosed building" shall mean at least 60% enclosure on all exterior walls, to be measured from floor level up on each floor of parking.)

5. Height regulations.

(a). In the RO District there shall be no limit on height of structures, provided that any portion of a structure exceeding thirty-five (35) feet in height is setback from side and rear lot lines abutting other property in residential districts at least one-third (1/3) foot for each additional foot of height.

(b). Any accessory building exceeding twelve (12) feet in height shall have the required side and rear yard setbacks increased by one (1) foot for each additional foot of height above twelve (12). Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

Section 19. R-2, Two-family Residential District.

1. Uses permitted. Property and buildings in an R-2, Two-family Dwelling District, shall be used only for the following purposes:

(a). Any uses permitted in R-1, Single-family Dwelling District.

(b). Two-family dwelling, or a single-family dwelling and a garage apartment.

(c). Boarding house, rooming house.

(d). Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

2. Uses permissible on review. The following uses may be permissible on review by the city planning commission in accordance with provisions contained in section 42 of this code.

(a). Any use permissible on review in R-1, Single-family Dwelling District.

(b). Golf club, fraternity house, sorority house, convalescent home, sanitarium, and institution for philanthropic use.

(c). Doctor's or dentist's office to be used by not more than two doctors or dentists, provided that not more than one bed is used to keep patients overnight, and that adequate off-street parking is provided to handle all vehicles associated with office operation at anticipated peak periods as determined by the planning commission.

(d). Off-street parking lot to be used as open space for vehicular parking, provided that such parking lot is adjacent to the land on which the principal use is located or separated therefrom only by a street or alley if the principal use is in the CO, C-1, C-2, C-3, I-1, or I-2 District or is separated therefrom by a distance of not more than 200 feet exclusive of streets and alleys if the principal use is located in the R-1, R-2, or R-3 District. This shall not be construed as permitting separately operated commercial parking lots.

(e). Child care establishments.

3. Area regulations:

(a). Front yard: The front yard requirements shall be the same as those in R-1.

(b). Side yard: The side yard shall be the same as those in R-1, except that a garage apartment shall be setback from any side lot five (5) feet.

(c). Rear yard: There shall be a rear yard of not less than fifteen (15) feet; one-story unattached buildings of accessory use shall setback one (1) foot from the utility easement or alley line and garage apartments shall be setback ten (10) feet from the rear lot line.

(d). Lot width: There shall be a minimum lot width of fifty (50) feet at the building line for a single-family dwelling and fifty (50) feet at the building line for a two-family dwelling; such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

(e). Intensity of use:

(1). There shall be a lot area of not less than five thousand (5,000) square feet for a single-family dwelling; sixty-five hundred (6,500) square feet for a two-family dwelling or a single-family dwelling and a garage apartment on the same lot.

(2). Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this ordinance, that lot may be used only for the uses permitted in R-1, Single-family District.

(f). Coverage: Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

(g). Limit on buildings: No more than one main building shall be constructed on each five thousand (5,000) square feet of land used for single-family purposes and sixty-five hundred (6,500) square feet for two-family purposes, except that a garage apartment may be constructed on any lot with a single-family dwelling provided that the area requirements of a two-family dwelling are complied with.

4. Height regulations. The height regulations shall be the same as those in R-1.

Section 20. R-3, Multi-family Dwelling District.

1. Uses permitted. Property and buildings in R-3, Multi-family dwelling district, shall be used only for the following purposes:

(a). Any use permitted in R-2.

(b). Apartment house, fraternity house, sorority house, and rooming house.

(c). Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

2. Uses permissible on review.

(a). Any use permissible on review in R-1 and R-2.

(b). Trailer park or tourist court.

(c). Commercial parking lot.

(d). Funeral parlor and mortuary.

(e). Prepackaged food store and toiletries within apartment buildings or complexes wherein there are a minimum of 150 family-dwelling units provided that:

(1). Such store is limited to the main floor or below the building in which it is located.

(2). There is no direct entrance thereto from any public street, sidewalk or other public way.

(3). No part of such store, or its entrances, is visible from any public way, street or sidewalk.

(4). That such store shall not be advertised in any manner.

(5). In reviewing any application for permission to establish and operate any such store in any apartment building or complex, the following matters shall be considered:

(A). The proximity of other business or commercial districts, and whether or not the proposed store would constitute an independent commercial enterprise, as opposed to an "accessory" use to the tenants of the apartment complex.

(B). Service entrances for delivery vehicles and adequate space for the parking of customers.

(C). The size and character of the apartment building or complex, since the tenants thereof will be expected to furnish substantially all of the financial support of such store.

(6). Any ordinance hereafter enacted granting permission for the establishment and operation of any prepackaged food store, after review, may set forth restrictions as to the space to be occupied, provisions for the automatic termination of permission for violations, and any other reasonable conditions which to the commission may seem proper.

3. Area regulations.

(a). Front yard: The front yard requirements shall be the same as those in R-1.

(b). Side yard: Side yard requirements for one-story buildings, exclusive of basement, shall be the same as those in R-2. For each additional story the side yard width shall be increased by three (3) feet.

(c). Rear yard: Rear yard requirements shall be the same as those in R-2.

(d). Lot width: There shall be a minimum lot width of fifty (50) feet at the building line for single-family and two-family dwellings, and ten (10) feet additional width for each additional family occupying the structure; such lot shall abut on a street not less than thirty-five (35) feet.

(e). Intensity of use:

(1). There shall be a lot area of not less than five thousand (5,000) square feet for a single-family dwelling, sixty-five hundred (6,500) square feet for a two-family dwelling and two thousand (2,000) square feet additional area for each family more than two (2) occupying the structure.

(2). When a lot of less area than herein required having all boundary lines touching lands under other ownership on the effective date of this ordinance, that lot may be used only for single-family purposes.

(f). Coverage: Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area; accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

(g). Limit on buildings: The limit on buildings shall be in accordance with the coverage requirements set forth in (f) above.

4. Height regulations.

(a). Except as provided in section 34 of this code, no buildings shall exceed three and one-half (31/2) stories or forty-five (45) feet in height.

(b). Any accessory building exceeding twelve (12) feet in height shall have the required side and rear yard setbacks increased by one (1) foot for each additional foot of height above twelve (12). Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

Section 21. CO, Suburban Office Commercial District.

1. General description. This 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 a suburban location near residential neighborhoods or rural countryside, and away from the concentration of people and traffic of the retail, wholesale and industrial areas of the community.

2. Uses permitted. Property and buildings in a CO, Suburban Office Commercial District, shall be used only for the following purposes:

(a). Any of the following uses:

(1). Apartment hotel.

(2). Art gallery.

(3). Assembly halls of nonprofit corporations.

(4). Laboratories for research and testing where all work is housed in buildings and no smoke, noise, odor, dust or other element of operation is more intense outside the confines of the building than that which normally prevails in an R-3, Multifamily Dwelling District.

(5). Libraries.

(6). Museums.

(7). Music conservatories.

(8). Office buildings and offices for such professional services as accountant, architect, attorney, business or management consultant, court reporter, dentist or dental surgeon, engineer, geologist or geophysicist, linguist, landscape architect, optometrist, optician, osteopathic physician, planning

consultant, psychologist, physician or surgeon, or registered nurse; provided, however, that no retail sales nor stock of goods shall be permitted other than the incidental sale of merchandise within the above professional offices or a pharmacy which may be located only in a building providing space for medical offices. Funeral homes and mortuaries shall not be considered professional services permitted in this district.

(9). Public and private schools and colleges with students in residence and dormitories associated therewith.

(10). Trade schools and schools for vocational training.

(11). Churches.

Provided, however, that all of the above listed uses are designed to have only limited contact with the general public, and their operation does not involve the sale of merchandise at retail, except as an incidental operation; and further provided that no smoke, noise, odor, dust or other element of operation is more intense than that normally generated in an R-3, Multifamily Dwelling District.

(b). Recreation uses associated with any of the uses listed under (a) above and maintained primarily for the benefit and use of the occupants thereof.

(c). Shops and stores associated with and incidental to the uses listed under (a) above maintained for serving only the occupants thereof.

(d). Buildings and structures and uses customarily incidental to the above uses.

(e). Name plate and signs relating only to the use of the premises and services provided therein.

3. Uses permissible on review.

(a). Hospital.

(b). Funeral parlor, mortuary.

(c). Mixed building in which one or more dwelling units may be located on the second floor provided that:

(1). First floor use is a permitted use in the district.

(2). Only two-story structures are involved.

(3). The minimum area of a lot shall be 6,000 square feet.

(4). The ratio of floor area to lot area shall not exceed six tenths (0.6).

(d). The following uses if contained within an office building of not less than 10,000 square feet of floor area and not located in a mixed residential/commercial use building:

(1). Photo studio.

(2). Barber shop.

(3). Beauty shop.

4. Area requirements.

(a). Front yard: The front yard regulations shall be the same as those in R-1, Single-family Dwelling District.

(b). Side yard: The side yard requirements shall be the same as R-3, Multifamily Dwelling District.

(c). Rear yard: The rear yard requirements shall be the same as the R-3, Multifamily Dwelling District.

(d). Lot width: For all uses, there shall be a minimum lot width of fifty (50) feet at the building line.

(e). Coverage: Buildings and structures shall not cover more than fifty percent (50%) of the lot area, and in no case shall the gross floor area of the building exceed the total area of the lot.

(f). Limit on buildings: The limit on the number of buildings shall be in accordance with the coverage requirements set forth in (e) immediately above.

5. Height regulations. Except as provided in section 34 of this code, no buildings shall exceed three and one-half (31/2) stories or forty-five (45) feet in height.

6. Off-street parking. All off-street parking lots which are constructed to provide parking for vehicles associated with any of the uses permitted in subsections 2 and 3 hereof shall comply with the provisions of section 35 of the code of the city of _________.

Section 22. C-1, Local Commercial District.

1. General description. This commercial district is intended 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.

2. Uses permitted. Property and buildings in a C-1, Local Commercial District shall be used only for the following purposes:

(a). Any use permitted in CO.

(b). Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, such as:

(1). Antique shop.

(2). Automobile parking lots.

(3). Baby shop.

(4). Bakery goods store.

(5). Bank.

(6). Barber shop, or beauty parlor.

(7). Book or stationery store.

(8). Camera shop.

(9). Candy store.

(10). Catering establishment.

(11). Cleaning, pressing, or laundry agency.

(12). Clothing or apparel store.

(13). Gift shop.

(14). Delicatessen store.

(15). Dress shop, dry goods.

(16). Drugstore or fountain.

(17). Food store.

(18). Florist.

(19). Help-yourself-laundry, which is defined as a business providing home-type washing, drying and ironing machines for hire to be used by customers on the premises.

(20). Hotel.

(21). Jewelry or notion store.

(22). Leather goods shop.

(23). Lodge hall.

(24). Messenger or telegraph service.

(25). Office business.

(26). Outdoor or indoor courts for handball, racquet ball, tennis, or sports activity of a similar nature. (Lighted outdoor courts may not be operated later in the evening than 10:00 p.m., and lighting to be arranged to direct light away from any adjoining property in a residential district.)

(27). Painting and decorating shop.

(28). Photographers or artist studio.

(29). Restaurant.

(30). Sales or show room.

(31). Shoe repair shop.

(32). Tailor shop.

(33). Toy store.

(c). Any other retail store, shop or establishment serving the neighborhood in the manner stated above which in the opinion of the planning commission is similar in character to those above enumerated and is not more obnoxious or detrimental to the area in which it is located, by reason of noise, offensive odor, smoke, dust, vibration, traffic congestion or danger to life and property.

(d). Name plate and sign relating only to the use of the store and premises or products sold on the premises.

(e). Accessory buildings used primarily for any of the above enumerated purposes may not have more than forty (40) percent of the floor area devoted to purposes incidental to such primary use.

3. Uses permissible on review.

(a). Any use permitted on review in CO.

(b). Automobile service station.

(c). Garden supply store, nursery.

4. Area requirements.

(a). Front yard: The front yard regulations shall be the same as those in R-1.

(b). Side yard:

(1). For uses other than dwelling, no side yard shall be required except on the side of a lot adjoining a dwelling district in which case there shall be a side yard of not less than five (5) feet.

(2). Whenever the rear lot line of a corner lot of a local business district abuts a dwelling district, the side yard setback adjacent to the street shall be fifteen (15) feet.

(c). Rear yard:

(1). Rear yard shall not be required for retail establishments; except where a rear lot line abuts upon a dwelling district and the commercial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys; and further provided that in no case where the rear lot lines abut a dwelling district shall the commercial building be erected closer than three (3) feet to the rear lot line.

5. Height regulations. Except as provided in section 34 of this code, no building shall exceed two and one-half (21/2) stories or thirty-five (35) feet in height.

Section 23. C-2, General Commercial District.

1. General description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

2. Uses permitted. Property and buildings in a C-2, General Commercial District, shall be used only for the following purposes:

(a). Any use permitted in C-1, Local Commercial District.

(b). Any use permissible on review in C-1, except for mixed buildings.

(c). Amusement enterprises.

(d). New automobile sales and services, new machinery sales and services, and public garage, provided no gas or gasoline is stored above ground; used automobile sales, automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junk yards; or any of the following uses:

(1). Auto court.

(2). Automobile, farm implement and machinery repair, sales and service, but not automobile wrecking yards or junkyards.

(3). Automobile service station.

(4). Bakery.

(5). Bath.

(6). Bus terminal.

(7). Carpenter and cabinet shop.

(8). Cleaning and dyeing works.

(9). Commercial school or hall.

(10). Department store.

(11). Electric sales and service.

(12). Electric transmission station.

(13). Feed and fuel store.

(14). Frozen food locker.

(15). Furniture repair and upholstery.

(16). Furniture or interior decorating store.

(17). Golf course, miniature or practice range.

(18). Hardware or appliance store.

(19). Heating, ventilating or plumbing supplies, sales and service.

(20). Ice plant or storage house for ice and food housing not more than ten (10) tons capacity.

(21). Key shop.

(22). Laundry.

(23). Liquor store.

(24). Lumber and building materials sales yard.

(25). Music, radio or television shop.

(26). Nursery or garden supply store.

(27). Outdoor advertising signs.

(28). Paint, paper or glass store.

(29). Pawn shop.

(30). Pet shop.

(31). Printing plant.

(32). Research laboratories.

(33). Sign painting shop.

(34). Small animal hospital.

(35). Sporting goods store.

(36). Storage warehouse.

(37). Theater.

(38). Trailer camp.

(39). Used auto sales.

(40). Wholesale distributing center.

(e). Buildings, structures, and uses accessory and customarily incidental to any of the above uses, provided:

(1). There shall be no manufacture, processing or compounding of products other than such as are customarily incidental or essential to retail establishments.

(2). The planning commission makes a determination that such operations are not objectionable due to noise, odor, dust, smoke, vibration, danger to life and property or other similar causes which are injurious to the health or safety of the neighborhood.

(f). Any other retail or wholesale store, shop or establishment which in the opinion of the planning commission is of similar character to those enumerated in this section and is not more objectionable to the area in which located due to reasons specified in paragraph (e)(2) above.

3. Uses permissible on review.

(a). Bait shop.

(b). Nightclub.

(c). Tavern.

(d). Residential unit for a night watchman or caretaker.

(e). Miniwarehouse.

4. Area regulations.

(a). Rear yard shall not be required for retail establishment; except where a rear lot line abuts upon a dwelling district and the commercial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys; and further provided that in no case where the rear lot line abuts a dwelling district shall the commercial building be erected closer than three (3) feet to the rear lot line.

5. Height regulations. There shall be no height limit for any building or structure in this district.

Section 24. TC, Tourist Commercial District.

1. General description. This district is intended to accommodate the grouping of those commercial activities necessary to supply the normal needs of tourists, and to protect these against other incompatible commercial uses. This district is intended to be located in defined areas, adjacent or convenient to arterials and arterial highways and at the intersection of arterials or arterial highways and roads leading into primary entrances of major public recreational areas.

2. Uses permitted.

(a). Any of the following uses:

(1). Art supply store and hobby shop.

(2). Bar, lounge or tavern, private club.

(3). Boat and marine sales and service.

(4). Cafeteria or restaurant.

(5). Dance hall.

(6). Drive-in restaurant.

(7). Gift, novelty or souvenir store.

(8). Hotel, motel, tourist court.

(9). Ice dispensing machine (and other outdoor-type automatic vending machines).

(10). Laundry and/or dry cleaning pick-up stations.

(11). Laundry, self-service.

(12). Liquor store; retail outlet.

(13). Miniature golf course.

(14). Mobile home court or park, trailer court.

(15). Municipal building, public building.

(16). Offices accessory to main use.

(17). Parks or playgrounds.

(18). Parking lot or structure, noncommercial accessory to and within 200 feet.

(19). Service station.

(20). Sporting goods store.

(21). Theater, indoor.

(22). Theater, drive-in, provided that no part of the theater screen projection booth, or other building shall be located closer than five hundred (500) feet to any residential district, or closer than fifty (50) feet to any exterior property line or public right-of-way; and no parking space shall be located closer than one hundred (100) feet to any residential district.

(b). Advertising signs or structures:

(1). Accessory signs (signs relating to businesses or goods sold on the property on which they are located) shall not be greater in area than 400 square feet, provided that for every five (5) feet of height above twenty (20) feet, the sign shall be reduced in area by 100 square feet. Such signs shall not be located closer than twenty-five (25) feet to the front property line of any street right-of-way. Provided, further, that said signs shall have no moving or flashing lights or colors if located within two hundred and fifty (250) feet of and viewable from any residential district.

(2). Temporary advertising signs no greater than twenty (20) square feet in area advertising the sale of the land or homes on which said signs are located, so long as said signs be forthwith removed upon the sale and conveyance of said land or homes.

(c). Any use which, in the opinion of the planning commission, would be similar in character to those above enumerated and is not more obnoxious or detrimental to the area in which it is located, by reason of noise, offensive odor, smoke, dust, vibration, traffic congestion or danger to life and property than those uses enumerated above.

3. Uses permissible on review.

(a). Bait shop (live bait).

(b). Beauty shop, barber shop.

(c). Drugstore or pharmacy.

(d). Grocery, supermarket, delicatessen.

(e). Group fallout shelter, bomb or tornado.

4. Area and setback requirements. The minimum front yard, side yard, rear yard and the maximum coverage for the buildings shall be determined by the plot plan approved by the city council.

5. Height regulations. There shall be no height limit for any building or structure in this district.

6. Special provisions.

(a). There shall be no outdoor storage, display, or use within any required front, side or rear yard setback other than parking, loading and unloading, and landscaping, except that signs shall be governed as set forth above.

(b). Off-street parking requirements:

(1). Art supply store and hobby shop—one (1) per 150 sq. ft. of floor area.

(2). Bait shop (live bait)—one (1) per 100 sq. ft. of floor area.

(3). Beauty shop and barber shop—one (1) per 100 sq. ft. floor area.

(4). Bar, lounge, or tavern, private club—one (1) per 2 seats based upon maximum seating capacity plus one (1) per 2 employees based upon the maximum shift.

(5). Boat and marine sales and service—one (1) per 150 sq. ft. floor area.

(6). Cafeteria or restaurant—one (1) per 2 seats based upon maximum seating capacity plus one (1) per 2 employees based upon the maximum shift.

(7). Dance hall—one (1) per 100 sq. ft. floor area.

(8). Drugstore or pharmacy—one (1) per 100 sq. ft. floor area.

(9). Gift, novelty, or souvenir store—one (1) per 150 sq. ft. floor area.

(10). Grocery, supermarket, delicatessen—one (1) per 100 sq. ft. floor area.

(11). Hotel, motel, tourist court—one (1) per guest room, plus one (1) per 2 employees, based upon the maximum shift.

(12). Laundry and/or dry cleaning pick-up stations—one (1) per 200 sq. ft. floor area.

(13). Laundry, self-service—one (1) per 100 sq. ft. floor area.

(14). Liquor store, retail outlet—one (1) per 100 sq. ft. floor area.

(15). Miniature golf course—one (1) per 500 sq. ft. lot area.

(16). Municipal building, public building—one (1) per employee plus one (1) per 200 sq. ft. floor area.

(17). Service station—two (2) plus one (1) per service vehicle plus two (2) per service bay.

(18). Sporting goods—one (1) per 150 sq. ft. floor area.

(19). Theater, indoor—one (1) per four seats based upon maximum seating capacity.

Section 25. C-3, Intensive Commercial District.

1. General description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. It differs from other commercial districts in that off-street parking is not required. This district was created primarily for those commercial areas which already were so intensely developed that they could not comply with the provisions for other commercial districts in this ordinance.

2. Uses permitted. Property and buildings in a C-3, Intensive Commercial District, shall be used only for the following purposes:

(a). Any uses permitted in the C-2, General Commercial District.

(b). Buildings and structures and uses accessory and customarily incidental to any of the above uses, provided:

(1). There shall be no manufacture, processing or compounding of products other than such as are customarily incidental or essential to retail establishments.

(2). The planning commission makes a determination that such operations are not objectionable due to noise, odor, dust, smoke, vibration, danger to life and property or other similar causes which are injurious to the health or safety of the neighborhood.

(c). Any other retail or wholesale store, shop or establishment which in the opinion of the planning commission is of similar character to those enumerated in this section and is not more objectionable to the area in which located due to reasons specified in paragraph (b)(2) above.

(d). Tire recapping or retreading when incidental to a retail tire business, provided that the same shall be limited to one truck tire mold, one passenger tire mold, and one buffing machine.

3. Uses permissible on review.

(a). Light manufacturing or assembly operations, even though otherwise limited to I-1 District, meeting the following requirements:

(1). Similar in character to operations normally associated with a retail business.

(2). Conducted in conjunction with a retail business with one-fourth (¼) of the building used for commercial purposes and completely separated from the manufacturing portion by a fixed wall with not more than one (1) door therein for use by employees.

(3). Conducted entirely within an enclosed building, same to be a building already in existence, but this shall not be construed to prevent alterations to an existing building.

(4). Not objectionable due to noise, odor, dust, smoke, vibration, danger to life and property or otherwise injurious to the health and safety of the neighborhood.

(b). Tavern.

(c). Nightclub.

(d). Dance hall.

(e). Miniwarehouse.

4. Area regulations.

(a). Rear yard shall not be required for retail establishments, except where a rear lot line abuts upon a dwelling district and the commercial building is designed to be serviced from the rear, there shall be provided a rear yard of not less than thirty (30) feet for lots without alleys and twenty (20) feet for lots with alleys; and further provided that in no case where the rear lot line abuts a dwelling district shall the commercial building be erected closer than three (3) feet to the rear lot line.

5. Height regulations. There shall be no height limit for any building or structure in this district.

Section 26. I-1, Light Industrial District.

1. Uses permitted. Property and buildings in an I-1, Light Industrial District, shall be used only for the following purposes:

(a). Any of the following uses:

(1). Automobile sales and service, but not including automobile or machinery wrecking establishments or junkyards.

(2). Boat sales and service.

(3). Building materials sales yard, including the sale of rock, sand, gravel, and cement and the like as an incidental part of the main business. This shall not be construed as permitting a cement batch plant or transit mix plant.

(4). Contractor's equipment storage yard or yard for rental equipment of a type commonly used by contractors.

(5). Farm machinery or contractor's machinery storage yard.

(6). Mobile home and camper sales.

(7). Public utility service company yard or electric receiving or transforming station.

(8). Truck and farm implement sales and service.

(9). Truck terminal.

(10). Veterinary hospital.

(11). Warehousing.

(12). School, public or private.

(b). The following uses when conducted within a completely enclosed building:

(1). The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and food products.

(2). The manufacture, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, 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.

(3). The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

(4). The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

(5). Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

(6). Machine shop excluding punch presses over twenty (20) tons rated capacity, drop hammers, and automatic screw machines.

(7). Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.

(8). Laboratories: experimental, photo or motion picture, film or testing.

(9). Poultry or rabbit killing incidental to a retail business on the same premises.

(10). Foundry casting light weight nonferrous metals.

(11). Tire retreading and recapping, other than that permitted in section 25, subsection 2 of this code.

(12). Pipe storage yard.

(13). Machinery or equipment storage yard.

(c). Buildings, structures and uses accessory and customarily incidental to any of the above uses.

(d). Any other light industrial use, building or structure which, in the opinion of the planning commission, is of similar character to those enumerated in this section and is not more objectionable due to noise, odor, dust, smoke, vibration, danger to life and property or other similar causes which are injurious to the health or safety of the neighborhood.

Provided, however, the uses permitted under this section shall be conducted in such a manner that no dust or noxious fumes or odors will be emitted beyond the property line of the lot on which the use is located and no material or equipment shall be kept, stored or displayed outside the confines of an enclosed building or operation conducted unless it is to be screened by ornamental fences, walls, or evergreen planting that it cannot be seen from a public street.

2. Area regulations.

(a). Side yard: Side yard regulations shall be the same as those required in C-1.

(b). Rear yard: Rear yard regulations shall be the same as those required in C-1.

3. Height regulations. Where a lot adjoins a dwelling district, the building shall not exceed three (3) stories or forty-five (45) feet in height, unless it is setback one (1) foot from all yard lines for each foot of additional height above forty-five (45) feet.

Section 27. I-2, Heavy Industrial District.

1. Uses permitted. Property and buildings in an I-2, Heavy Industrial District, may be used for any use except as qualified below:

(a). All residential uses are prohibited except sleeping facilities required by night watchmen and caretakers employed upon the premises.

(b). All uses not complying with this ordinance, or any other county, state or federal regulation or law, are prohibited.

(c). All of the following uses are prohibited until they have received the express approval of the city planning commission. The planning commission may require approval of the county health department, the county engineer, 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.

(1). Acid manufacture.

(2). Cement, lime, gypsum or plaster of paris manufacture.

(3). Explosives manufacture or wholesale storage.

(4). Gas manufacture.

(5). Petroleum or its products, refining of.

(6). Wholesale storage of gasoline or liquefied petroleum products.

(d). All of the following uses are specifically prohibited in the I-2, Heavy Industrial District, to wit:

(1). Automobile or equipment salvage or junkyard.

(2). Building material salvage yard.

(3). Junk or salvage yard of any kind.

(4). Scrap metal storage yard.

(5). Used building materials storage yard.

(6). Any other operation which in the opinion of the planning commission is similar in operation or appearance to the uses listed in subsection (d)(1) through (5) above.

(e). The uses listed under subsection (d) above are permitted in the I-2, Heavy Industrial District, when conducted in strict compliance with the following regulations and conditions:

(1). All such uses shall be completely enclosed by an eight (8) foot high solid fence of redwood, fiberglass, plastic, aluminum, or masonry, provided, however, that a gate for ingress and egress shall be permitted; further provided that the height of the fence may be reduced to six (6) feet when the use is conducted at an elevation two (2) feet or more above the crown of the adjacent roadway; and further provided that a steel mesh fence may be substituted for a solid fence on the rear of the use and up to the rear three-fourths (3/4) of the side of the use when the use abuts either an I-2 or an A-2 zone and the portion may not be seen from a public street or road which shall be determined by the building inspector.

(2). Said fence shall be setback ninety (90) feet from any highway, section line road, or arterial street or road; provided, however, that when said road is served by a frontage road or adequate right-of-way has

been acquired by the public to provide for a frontage road the setback may be reduced to forty (40) feet; provided further that no temporary or permanent building shall be erected within the ninety (90) foot setback, when required, or the forty (40) foot setback in all other cases.

(3). Off-street parking for customers' and employees' cars must be provided on the lot; provided, however, that when a ninety (90) foot setback is required, no parking shall be permitted in the first fifty (50) feet adjacent to the street, highway or road; provided further that any area designated or used for parking outside the fenced area shall be surfaced to specifications provided by the city engineer.

(4). When a setback of the fence is required, the forty (40) feet adjacent to the fence shall be landscaped, paved, or maintained in a good appearance by other means.

(5). The burning of wrecked or discarded automobiles or any parts thereof or junk or any waste materials shall be prohibited.

(6). Whenever a required fence is adjacent to a residential or commercial zone it shall be setback twenty-five (25) feet.

(7). No junk, parts, disabled automobiles, or salvage material of any kind shall be stored outside or above the fence.

(8). No advertising, display, or used or salvage materials of any kind shall be displayed outside or above the fence except that one sign with a copy area not in excess of fifteen (15) by twenty-five (25) feet may be permitted adjacent to each public street provided it is located in the rear forty (40) feet of the required setback and does not exceed the maximum height limitations of the district; provided, however, that whenever three or more separate existing businesses in an area desire to designate the area a salvage city, an advertising structure designating the name and location of the salvage city may be permitted to a height not to exceed sixty (60) feet if it is not located within three thousand (3,000) feet of a residential district.

In no case shall any provisions of this ordinance be interpreted to permit the use of discarded, disabled, or wrecked automobiles, trucks, equipment, appliances, or parts to be used for advertising or identification purposes.

(9). Whenever an owner or representative of a nonconforming use under this section applies for and is granted I-2, Heavy Industrial District zoning, he shall have a period not to exceed three (3) months to bring the use into complete conformity with the provisions of this section.

2. Height regulations. Where a lot adjoins a dwelling district the building shall not exceed three (3) stories or forty-five (45) feet, unless it is setback one (1) foot from all yard lines for each foot of additional height above forty-five (45) feet.

3. Area regulations.

(a). Side yard: The side yard requirements shall be the same as C-1, Local Commercial District.

(b). Rear yard: The rear yard requirements shall be the same as C-1, Local Commercial District.

(c). The location and setback of all required fences shall be governed by subsection 1(e) above.

Section 28. M-1, Restricted Industrial District.

1. Description and purpose. The Restricted Industrial District is intended to provide an environment exclusively for and conducive to the development and protection of modern administrative facilities, office

buildings, research institutions, specialized manufacturing plants, warehouse and similar enterprises that are conducted so the noise, odor, smoke, dust, vibration, heat, and glare of each operation is completely confined within an enclosed building. Buildings in this district should be architecturally attractive and surrounded by landscaped yards. Particular attention should be given to integrating uses and the design of buildings on the periphery of the district with uses in adjacent districts. Enterprises operating in this district may require direct access to rail, air, or street transportation facilities; however, the size and volume of raw materials, partially processed or finished products involved with each industrial activity should not produce the volume of freight generated by the uses of light or heavy industrial districts. Surface transportation routes servicing Restricted Industrial Districts should not bisect residential areas and should include only arterial streets and highways as designated on the major street plan of the city of _________.

2. Uses permitted. The uses listed below shall be permitted except as they may be regulated by other sections of the ordinances of the city of _________.

(a). Assembly without fabrication: The assembly of any light machinery, appliances, business machines, and similar equipment, from previously fabricated parts; vocational training.

(b). Fabrication or processing of the following products:

(1). Art and handicraft items.

(2). Bakery goods.

(3). Book binding and tooling.

(4). Carpentry, custom woodworking, or custom furniture making.

(5). Clothing and needlework from prepared material.

(6). Dairy products.

(7). Instruments; professional, scientific, controlling, musical, or similar precision.

(8). Jewelry.

(9). Optical goods.

(10). Printing and publishing.

(c). Laboratories; experimental, photo or motion picture, film, or testing.

(d). Mail order house.

(e). Market research.

(f). Office buildings.

(g). Systems development.

3. Accessory uses permitted. Any use, including but not necessarily limited to the list below, which is customarily incidental and of secondary significance to the principal use, shall be permitted, viz:

(a). Employee cafeteria.

(b). Employee recreation area.

(c). Night watchman quarters.

(d). Parking lot.

(e). Sign.

4. Uses permitted on review. Uses which may be permitted on review are listed below, but shall be subject to procedures defined in section 42.

(a). Electric substation.

(b). Food manufacture; packing and processing.

(c). Manufacture of toys, novelties, and rubber and metal stamps.

(d). Paper products manufacture.

(e). Sewage disposal plant or lift station.

5. Use conditions. All uses shall be governed by applicable provisions of the city code, and the following uses are specifically identified as subject to the requirements of sections of this ordinance as indicated.

(a). All yard areas required under this section, and other yards and open spaces existing around buildings, shall be landscaped and maintained in a neat and orderly condition.

(b). All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit glare, dust, smoke, or noxious odor or fumes outside of the building housing the operation, or produce a noise level or vibration at the property line that is greater than the average noise or vibration level occurring on the adjacent street. Any article or material stored permanently or temporarily outside of an enclosed building as an incidental part of the operation shall be so screened by ornamental walls and fences or evergreen plantings that it cannot be seen from public streets or adjacent lots when viewed by a person standing at ground level.

(c). Whenever this industrial district is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence, wall, or dense evergreen hedge not less than five (5) feet high and not more than six (6) feet high, shall be constructed and maintained in good condition along said side or rear lot line up to, but not beyond, the abutting residential setback building line. 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.

(d). Signs are permitted, but they shall be in conformance with the following:

(1). The only types of signs permitted are parking signs, directional signs, and signs which identify the name or type of business conducted within such structure.

(2). All signs identifying the name or type of business shall be wall or ground signs which shall not be located more than twenty-four (24) feet above the ground. No one (1) sign may exceed one hundred (100) square feet in area (one face) and the sum total of the area of all signs measured in square feet shall not exceed two hundred (200) square feet measuring one (1) face only.

(3). The total number of all signs identifying the name or type of business shall not exceed four (4) signs and not more than two (2) for each street frontage.

(4). Ground signs shall be located not less than twenty-five (25) feet back from any public right-of-way.

(5). Parking signs may be wall, ground, or projected signs.

(6). All flashing, revolving, and intermittently lighted signs are expressly prohibited.

6. Bulk and area regulations. Uses shall conform to the following requirements.

(a). In no instance shall a structure, parking lot, or anything other than a landscaped yard be located closer than fifty (50) feet to any residential or agricultural district.

(b). All buildings shall be setback from the front, side, and rear lot lines a distance of not less than twenty-five (25) feet.

(c). All yards adjacent to a street which are created by the setback requirements contained herein shall be maintained as open landscaped yards bisected only by access drives, and their use for any other purpose including off-street parking, is specifically prohibited.

(d). Each individual use shall be located on a lot having not less than twenty thousand (20,000) square feet in area.

(e). Lot coverage:

(1). Main and accessory buildings shall not cover more than fifty (50) percent of the lot area.

(2). The coverage of main and accessory buildings plus the area used or designed for use by parking and loading facilities, plus any area of outside storage, shall not exceed eighty (80) percent of the lot area. Not less than twenty (20) percent of the lot area shall be maintained as open landscaped yard.

(3). The maximum floor area ratio of all buildings shall not exceed 1.0.

(f). No building or structure shall exceed forty-five (45) feet in height, except that this height limitation may be exceeded if the required minimum depth of all yards is increased one (1) foot for each foot by which the height of such structure exceeds forty-five (45) feet.

Section 29. FH, Flood Hazard District.

1. Description and purpose. The Flood Hazard District includes flood hazard areas which are subject to periodic or occasional flooding during a one hundred-year frequency flood, and for which special regulations are applied in addition to or in combination with other zoning regulations applying to these areas to guide the type and manner of flood plain use so that it is consistent with the land use needs of the city of  _________. This district is intended to protect persons and property from the hazards of development in flood-prone areas; to protect the community from the cost which may be incurred when unsuitable development occurs in such areas; to protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and to allow uses which are appropriate to such areas. To secure this protection from flooding, the objectives of this section are to assure the retention of sufficient floodway area to convey flood flows; to designate a minimum flood protection elevation; to reduce the height and violence of floods insofar as such are increased by any artificial obstruction; and to assure the proper floodproofing of structures subject to flooding.

The purpose of the Flood Hazard District is to provide that designated flood hazard areas are developed only in the interest of the community's general health, safety, and welfare. The Flood Hazard District is not for the purpose of encouraging development in areas of special flood hazard.

2. Definitions. As used in this chapter, unless the context otherwise requires, the following words or phrases have the meaning listed:

(a). A 100-year flood (or base flood)—A flood having an average statistical frequency of occurrence in the order of once in 100 years, although the flood may occur in any year. The 100-year standard represents the flood level that on the average will have a one percent (1%) chance of being equalled or exceeded in any given year.

(b). Area of shallow flooding—A designated AO Zone on a community's flood insurance rate map with base flood depths from one to three feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may not be evident.

(c). Area of special flood hazard—The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

(d). Channel—The geographical area within the natural or artificial banks of a watercourse required to convey continuously or intermittently flowing water.

(e). Development—Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

(f). Elevation—The height above mean sea level according to the National Geodetic Vertical Datum Elevation for _________[city], _________[state].

(g). Flood—An overflow of water onto lands not normally covered by water. Floods have two essential characteristics: (1) the inundation of land is temporary; and (2) the land is adjacent to and inundated by overflow from a watercourse, or lake, or any body of standing water.

(h). Flood plain—The area adjoining the channel of a watercourse or a body of standing water, which has been or may be covered by floodwater and the limits of which are shown on the official flood hazard map.

(i). Flood hazard boundary map—An official map of a community, issued by the federal insurance administration, where the areas within the boundaries of special flood hazards have been designated as zone A.

(j). Flood insurance rate map—An official map of a community on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(k). Flood insurance study—The official report provided by the federal insurance administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary-floodway map.

(l). Floodway—The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(m). Floodway fringe—The area between the limits of the floodway and the flood plain of the 100-year flood.

(n). Habitable floor—Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor."

(o). Insignificant increase in flood stage (as computed in water surface profiles)—A maximum of one (1) foot, except for isolated conditions, provided that the increase does not unreasonably affect another property.

(p). Locate—To construct, place, insert or excavate.

(q). Mean sea level—The average height of the sea for all stages of the tide.

(r). Minimum building elevation—The elevation to which uses regulated by this article are required to be elevated or floodproofed. This elevation would be equal to the elevation that could be reached by the 100-year flood.

(s). Obstruction—An artificial obstruction, such as any dam, wall, wharf, embankment, levee, dike, pile, abutment, excavation, channel rectification, bridge, conduit, culvert, building, structure, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter in, along, across, or projecting into any floodway which may impede, retard, change the direction of the flow of water, or increase the flooding height, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property.

(t). Regulatory flood—A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood has a frequency of approximately 100 years as is determined by an analysis of floods on a particular stream and other streams in the same general region.

(u). Regulatory flood protection elevation—The elevation to which uses regulated by this ordinance are required to be elevated or floodproofed; the same as "minimum building elevation."

(v). Structure—Anything constructed or erected, on the ground, or attached to the ground including but without limitation to buildings, factories, sheds, cabins, mobile homes, and other similar uses.

(w). Substantial improvement—Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(x). Water course—A natural or made channel through which water flows; a stream of water.

3. Identification establishment and amendment of the district.

(a). Flood hazard lands governed by this section. These regulations shall apply to all lands within the jurisdiction of the city of _________, which are determined to be within floodway or floodway fringe areas of the 100-year flood as identified on the official flood hazard district map. The official flood hazard district map shall be adopted by ordinance and may be amended from time to time by the city council. The official flood hazard district map shall be placed on file with the city clerk and copies shall be maintained in the planning department and the public works department for public review.

(b). Establishment of flood hazard district as an overlay. The mapped flood hazard areas shall be designated as the flood hazard district. This district overlays other zoning districts and the regulations of the flood hazard district apply in addition to the district regulations of the underlying district. Whenever a conflict in requirements results, the regulations of the flood hazard district shall supersede all other regulations.

(c). Amendments to district boundaries. The boundaries of the flood hazard district may be amended by ordinance by the city council from time to time when later flood hazard information becomes available. The planning commission shall review such later information and recommend to the city council any changes to the district boundaries.

An owner of land located in the flood hazard district may request a review of the location of the district boundaries affecting his land. He shall present such surveys and studies as he desires to the planning commission for the review. The planning commission shall obtain a technical analysis of the information from an appropriate agency. Where there is a fee required, the analysis and report shall be made at the expense of the applicant. Based upon the technical analysis the planning commission shall recommend to the city council whether or not amendments to the district boundaries should be effected.

4. Flood hazard district land uses.

(a). Uses permitted. The uses listed below having a low flood-damage potential and posing little obstruction to flood flows, if permitted in the underlying district, shall be permitted provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.

(1). Agricultural uses such as general farming, pasture, grazing outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2). Private and public recreational uses such as golf courses bikeways, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

(3). Accessory residential uses such as lawns, gardens and play areas.

(b). Flood plain permit uses. Uses which involve structures, fill, or storage of materials or equipment may be permitted only upon issuance of a special permit as provided in the subsection below titled "flood plain permit administration." Flood plain permit uses shall consist of any of the following uses which are permitted in the underlying district:

(1). Residential structures constructed on fill so that the lowest floor is above the regulatory flood protection elevation. The fill shall be at a level no lower than one (1) foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon.

(2). Nonresidential structures constructed on fill as above or, together with attendant utility and sanitary facilities, flood-proofed to a point at or above the regulatory flood protection elevation.

(3). Alteration, addition, or repair to a nonconforming structure.

(4). Extraction of sand, gravel and other materials.

(5). Stables and riding academies.

(6). Industrial—Commercial uses such as loading areas, parking areas, airport landing strips.

(c). Prohibited uses.

(1). Free-standing mobile homes are prohibited in any floodway of the designated flood hazard district, except in an existing mobile home park or an existing mobile home subdivision.

(2). Mobile home parks shall not be constructed in any areas of the flood hazard district.

(3). Any encroachments, including fill, new construction, substantial improvements, and other development, within any floodway of the designated flood hazard district that would result in any increase in flood levels within the community during the occurrence of the base flood discharge are prohibited.

5. Flood plain permit administration. Flood plain permits are required for uses which must receive special attention to prevent obstruction of floodways, threats to other lands from floating debris, and substantial damage to the uses themselves. Uses listed above requiring a flood plain permit may be allowed only upon issuance of a special permit by the unanimous determination of the flood plain permit committee composed of the director of planning, the director of public works, city engineer, and the development coordinator. Flood plain permit application forms shall be furnished by the department of public works. Upon receiving an application for the special permit involving the use of fill, construction of structures, or storage of materials, the committee shall, prior to rendering a decision thereon, obtain and study essential information and request technical advice as appropriate.

(a). The committee may require the applicant to furnish any or all of the following information as it deems necessary for determining the suitability of the particular site for the proposed use:

(1). Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel, floodway, and the regulatory flood-protection elevation.

(2). A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.

(3). Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

(4). A profile showing the slope of the bottom of the channel or flow line of the stream.

(5). Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

(6). Such other pertinent information as may be required to analyze the specific situation.

(b). The flood plain permit committee may transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters. Based upon review of the technical information available, the committee shall determine the specific flood hazard at the site, evaluate the suitability of the proposed use in relation to the flood hazard, and issue the requested flood plain permit or advise the applicant that his request was not approved.

(c). Appeals from any decision of the flood plain permit committee may be taken by any person or persons, jointly or severally, aggrieved by any decision of the committee, to the planning commission of the city of _________. The planning commission shall consider the appeal at a regular or special meeting as soon as practicable and make its decision on the suitability of the proposed use in relation to the flood hazard.

(d). Conditions attached to flood plain permits. Upon consideration of the factors of the specific flood plain permit use and the purposes of this ordinance, the flood plain permit committee may attach such conditions to the granting of such permits as it deems necessary to further the purposes of this ordinance. Among such conditions without limitation because of specific enumeration may be included:

(1). Modification of waste disposal and water supply facilities.

(2). Limitations on periods of use and operation.

(3). Imposition of operational controls, sureties, and deed restrictions.

(4). Requirements for construction of channel modifications, dikes, levees, and other protective measures.

(5). Floodproofing measures. Floodproofing measures such as the following shall be designed consistent with the regulatory flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The following floodproofing measures, among others, may be required:

(A). Anchorage to resist flotation and lateral movement.

(B). Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

(C). Reinforcement of walls to resist water pressures.

(D). Use of paints, membranes, or mortars to reduce seepage of water through walls.

(E). Addition of mass or weight to structures to resist flotation.

(F). Installation of pumps to lower water levels in structures.

(G). Construction of water supply and waste-treatment systems so as to prevent the entrance of flood waters.

(H). Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

(I). Construction to resist rupture or collapse caused by water pressure or floating debris.

(J). Installation of values or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

(K). Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.

(L). Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety, and

welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters.

(6). Requirements for reclamation actions following extraction operations.

(e). Special permit administration. The director of public works will administer and implement the provisions of this article and will:

(1). Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.

(2). Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3). Notify adjacent communities and the state of _________ water resources board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.

(4). Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

6. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be effected thereby.

Section 30. PL, Park Land District.

1. Description and purpose. The Park Land District is intended to provide a special zoning district to accomplish the reservation and later use of land for park and open space purposes.

2. Uses permitted. Uses listed below shall be permitted in the district:

(a). Public parks, open space and recreational areas.

(b). Agricultural crops.

(c). Grazing of animals.

Article III.

Additional District Provisions

Section 31. Applicability of additional district provisions.

The requirements set forth in Article III shall apply and govern in all districts, unless otherwise expressly provided in the district regulations.

Section 32. Determination of applicable regulations.

(a). Conditions of a more restricted district. Whenever the district regulations permit in one district a use also permitted in a more restrictive district, such use shall be subject to the conditions set forth in the regulations of the more restrictive district, unless otherwise provided herein.

(b). Conditions applicable to principal and accessory uses. In any district where a use is permitted as both a principal and an accessory use, the regulations applying to the principal use shall apply.

Section 33. Open space.

(a). Eaves, cornices, window sills and belt courses may project into any required front, rear, or side yard not to exceed two (2) feet. No other part of a building shall project into any required side yard except that uncovered, open steps may project into a side yard not to exceed three (3) feet, six (6) inches. Uncovered, open porches may project into a required front yard not to exceed five (5) feet.

(b). Land set aside for off-street parking may be counted as a part of the required open space or yard in any district, except as provided herein with respect to livability space and recreation space in RM and RO districts.

(c). Where the dedicated street right-of-way is less than fifty (50) feet the depth of the front yard shall be measured from a point twenty-five (25) feet from the center line of the street to the front building line.

(d). No dwelling shall be erected on a lot which does not abut on at least one public street for at least thirty-five (35) feet and have a width of at least fifty (50) feet at the building lines; provided, however, that any lot, or portion thereof, which is set forth on a recorded plat shall not be divided or attached to another lot, or portion thereof, in a manner that will create a dwelling site which has less width at the front building line than the narrowest width lot, measured at the front building line, which fronts on the same street as said dwelling site and which is located within the same block, or is across the street from the same block, in which said dwelling site is located.

(e). Side yard width on corner lots shall be fifteen (15) feet where the lots are back to back or have double frontage, and twenty (20) feet in every other case.

(f). No minimum lot sizes and open space areas are prescribed for business and industrial districts. It is the intent of this ordinance that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for normal operation of the enterprise.

(g). If any lot is smaller than the minimum requirements herein contained, but all sides of said lot touch lands under other ownership at the time of the passage of this ordinance, the lot shall be used for no residential purposes other than a single-family dwelling.

(h). On any corner lot no wall, fence, sign, structure, or any plant growth having a height in excess of three (3) feet above the elevation of the crown of the adjacent roadway surface shall be maintained within a triangle formed by drawing a line through the point of intersection of the required or created front and side building setback lines along the streets, said line forming the hypotenuse of an isosceles triangle. In no case shall the equal sides of the triangle so formed be required to be in excess of 30 feet. No automobile may be parked within or on the street side of the above described triangle; provided, however, that curb cuts may be permitted within this triangle at the intersection of local streets in a single-family zoning district when, in the opinion of the city engineer, such curb cuts will not create unsafe conditions.

(i). No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for, any other building or structure.

Section 34. Height.

The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article II.

(a). In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds

(2/3) of the floor area of the store immediately below it and which does not contain an independent apartment, shall be counted as a half-story.

(b). Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

(c). Churches, schools, hospitals, sanitariums, and other public and semipublic buildings may be built to a height of fifty-five (55) feet or four (4) stories if the minimum depth of front and rear yards and the minimum width of side yards required in the district are increased one (1) foot for each foot by which the height of such public or semipublic structure exceeds the height limit in feet prescribed for other structures in the district.

Section 35. Off-street parking requirements.

1. Duty to provide and maintain off-street parking. The duty to provide and maintain the off-street parking spaces herein required shall be the joint and several responsibility of the operator and owner of the use and the operator and owner of the land on which, or the structure or structures in which, is located the use or uses for which off-street parking space is required to be provided and maintained. Each parking space shall have minimum dimensions of eight and one-half (81/2) feet by nineteen (19) feet plus adequate space for ingress and egress. No land shall be used or occupied, no structure shall be designed, erected, altered, used, or occupied, and no use shall be operated unless the off-street parking space herein required is provided in at least the amount specified, and maintained in the manner herein set forth; provided, however, that where off-street parking space is not provided or maintained for land, structures, or uses actually used, occupied, and operated on the effective date of this ordinance it shall not be required under this ordinance.

2. Number of off-street parking spaces required. Except for lots in the C-3, Intensive Commercial District, off-street parking spaces for motor vehicles shall be provided in at least the amount shown in the following list:

USE

SPACES REQUIRED

 

DWELLINGS & LODGINGS

 

Single- and two-family dwellings

2 per dwelling unit (du)

Apartments and apartment hotels

1.8 per du

Boarding or rooming houses

1 space each house plus .75 for each accommodation

Fraternity or sorority houses

1 for each accommodation

Hotels or Motels

1.2 each room in addition to spaces required for restaurant facilities

Mobile homes (park/ subdivision)

2 per mobile home

RETAIL TRADE

 

Department and variety stores

1 per 200 sq. ft. customer service area (CSA)

Food and drug stores

6+ 1 per 200 sq. ft. CSA over 1,000 sq. ft.

Furniture store, motor vehicle sales

1 per 500 sq. ft. gross floor area (GFA)

Liquor stores

3+ 1 per 300 sq. ft. GFA over 500 sq. ft.

Nightclub or tavern

1 per 50 sq. ft. CSA

Radio and television sales and/or repair

1 per 200 sq. ft. CSA or 1 per 175 sq. ft. GFA, whichever is greater

Restaurants, drive-in and fast-food takeout

1 per 100 sq. ft. GFA

Restaurants (except above)

1 per 50 sq. ft. CSA

Shopping centers

5.5 per 1,000 sq. ft. gross leasable area

Various specialty shops (camera, gifts, jewelry, etc.)

3+ 1 per 200 sq. ft. CSA over 500, or 1 per 275 sq. ft. GFA over 400, whichever is greater

SERVICES

 

Amusement establishments

1 per ea. 4 patrons (capacity)

Automobile service stations

2 per service bay and 1 each service vehicle and 1 each 2 employees

 

Banks or savings and loan companies

1 per 150 sq. ft. CSA

Barber shops

1.5 per chair and 1 per each 2 employees

Beauty parlor

2 per operator station and 1 per each 2 employees

Bowling alleys

5 per lane and spaces required for affiliated uses

Churches

1 per 4 seats in sanctuary

Clubs or lodges (private, nonprofit)

1 per 50 sq. ft. of assembly area

Funeral parlors or mortuaries

5 and 1 per 5 seats in largest chapel

Hospitals and sanitariums

1 per 2 beds, 1 per hospital or staff doctor, and 1 each 2 employees at maximum shift

 

USE

SPACES REQUIRED

 

SERVICES

 

Medical or dental clinics or offices

3 per treatment room and 1 each doctor or dentist

Nursing, convalescent, or rest homes

1 per 4 beds and 1 per each 2 employees

Offices, business or professional

1 per 300 sq. ft. GFA

Private schools:

 

Nursery school, day care center, or elementary school

1 per employee and adequate off-street area for pick-up and delivery of children

Nonboarding junior & senior high schools

1 per employee and 1 per each 8 students

Self-service laundries, dry cleaning

.5 per machine

Theaters, auditoriums

1 per 4 seats

MANUFACTURING, STORAGE, AND WHOLESALE

 

Manufacturing

2+ 1 per employees and 1 per company vehicles

Printing and publishing

1 per 2 employees

Warehouse (ministorage)

1 per 8 rental units

Warehousing (general)

10% GFA

Wholesale establishments

2+ 1 per 3 employees and 1 per company vehicle

 

For Uses Not Covered Above, the Requirements Listed Below Are Applicable:

USE

SPACES REQUIRED

 

Retail stores and service establishments

1 per 200 sq. ft. CSA or 1 per 275 sq. ft. GFA, whichever is greater

Other commercial and industrial

.75 × maximum number of employees on premises at any one time

 

3. Other factors determining off-street parking requirements.

(a). Fractional spaces. When determination of the number of spaces required by this ordinance results in a requirement of a fractional space, any fraction less than ½ shall be disregarded and any fraction of ½ or more shall require one space.

(b). Enlarged/Changed use. From the effective date of this ordinance, if such land, structures, or uses are enlarged, expanded, or changed there shall be provided for the increment only of such land, structures, and uses enlarged, expanded or changed and maintained as herein required, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure, or use. However, where a lot with an existing structure is cleared and a new structure is erected thereon, there shall be provided and maintained off-street parking space as required herein.

(c). Joint use. When an off-street parking space is used jointly by two or more uses with different requirements, or two or more uses having the same requirements, an area shall be provided equal to the total of requirements of all the uses.

(d). Landscaping of existing parking lots. A ten (10) percent reduction in the number of spaces required by this ordinance is permitted when landscaping as required by section 37 is provided for existing parking

lots that are not subject to landscaping requirements. Landscaping improvements must be acceptable to the director of planning.

Section 36. Development and maintenance of off-street parking facilities.

1. Location of off-street parking spaces.

(a). Front and side yards. In a residential district, no part of a front yard or of a side yard abutting a public street shall be used as a parking space for a motor vehicle, boat, trailer, or other vehicle of equivalent or larger size, except upon a regularly constructed driveway. Where a nonresidential district abuts a residential district adjacent to a street, the requirement contained in the preceding sentence shall apply within fifty (50) feet of the residential district.

(b). Relation to premises. Except as provided in subparagraph a hereof, such off-street parking space may occupy all or any part of any required yard, but may not occupy any required livability space. For any new commercial or industrial use, required off-street parking, which because of the size or location of the parcel cannot be provided on the same zoning lot with the principal use, may be provided on other property not more than a 200 foot distance from the building site subject to guarantees acceptable to the building inspector, but the applicant may appeal such guarantees to the city manager. Such parking space shall be deemed to be required parking associated with permitted principal use and shall not thereafter be reduced or encroached upon in any manner. For any new residential use off-street parking shall be provided on the same tract, adjacent to said tract, or essentially in line with same tract across the alley or street right-of-way therefrom but not more than a 200 foot distance from the building site.

(c). Vision clearance at intersections. Off-street parking shall observe the provisions of section 33, subsection (h) of this code. Also, when a driveway intersects a public right-of-way, an unobstructed cross-visibility at a level between three (3) and six (6) feet shall be allowed in the triangular areas on both sides of the driveway; two sides of each triangle being ten (10) feet in length from the point of intersection of the driveway and public right-of-way and the third side being a line connecting the ends of the other two sides. No parking shall be permitted in these triangular areas.

2. Development and maintenance of off-street parking facilities.

(a). Plans. An applicant for a building permit must submit plans showing the off-street parking required by this ordinance. These plans must show location, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress in a matter satisfactory for the safety and convenience of pedestrian, as well as vehicular traffic. The plans must also show landscaping materials and screening. A title block will accompany the plan showing scale data, north arrow, name and address of property owner, and person drawing parking and landscaping plan.

(b). Size. Each space shall be at least eight and one/half (81/2) feet wide and nineteen (19) feet long.

(c). Access. Adequate access drive shall be provided for all parking spaces not abutting a public street or alley. Ingress and egress driveways shall be no wider than twenty-five (25) feet, exclusive of curb returns.

(d). Screening. All sides of parking provided for commercial or industrial uses and all open off-street parking areas with more than five spaces shall be screened from any adjoining residentially zoned lot by a solid and opaque ornamental fence, wall, dense evergreen hedge, or effective equivalent, having a height of not less than six (6) feet. Such fence, wall, hedge, or effective equivalent, shall be maintained in good condition.

(e). Improvement.

(1). Surfacing, marking, and drainage. All off-street parking spaces and their access roads shall be paved with an all-weather surface of asphaltic concrete, portland cement concrete or any equivalent material acceptable to the city engineer, and maintained such that no dust will result from continued use. Spaces shall be arranged and marked so as to provide for orderly and safe parking. Drainage shall be provided to dispose of all surface water without crossing sidewalks.

(2). Barriers/bumpers. Except for parking areas provided for single-family and two-family units, suitable barriers or curbs shall be provided to protect public sidewalks. Wheel or bumper guards shall be located so that no part of any vehicle shall extend beyond the parking area, intrude on pedestrian ways, or come in contact with walls, fences or plantings.

(3). Lighting. Lighting for off-street parking shall be adequate and so arranged as to direct the light away from any adjoining property in a residential district.

(4). Landscaping. From the effective date of this ordinance, all new off-street parking areas with more than ten (10) spaces shall be landscaped as per the requirements of section 37. For enlarged parking areas, only the increment of expansion shall be subject to landscaping requirements.

3. Additional requirements for parking lots permitted on review and for parking lots for uses adjacent to a residential use or district. In any case where (1) permission on review is granted for the use of property for off-street parking in a residential district, or (2) when parking is provided for a commercial, industrial or church use and abuts a residential district, or (3) when parking is provided for a multifamily use abutting a single-family use or district, the following restrictions shall apply:

(a). The lot shall be screened from the residential district by a solid and opaque ornamental fence, wall, dense evergreen hedge, or effective equivalent, having a height of not less than six (6) feet. Such fence, wall, hedge, or effective equivalent, shall be maintained in good condition and observe the setback requirement of paragraph (b) below.

(b). No parking shall be permitted within a front yard setback line established ten (10) feet back of the property line of interior and corner lots wherever the parking lot immediately abuts the front yard of a residential unit. In all other cases no setback line shall be required; provided, however, that on a corner lot the requirements set forth in section 33(h) are met.

(c). All yards shall be landscaped with grass, shrubs, or evergreen ground cover and maintained in good condition the year around.

(d). No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of use of the lot. The total area of all signs erected shall not exceed six (6) square feet.

4. No person shall park, stop or stand any motor vehicle in the space between the curb line of the street and the private property line on any street unless there be an approved cutback especially provided for such purpose. This requirement as to cutback shall not apply where there is no permanent curb, and this section shall not be construed to prevent parking of vehicles outside of the front property line of commercial parking lots or outside of the front property line of residential property where commercial parking is allowed as a use permissible on certain days or as a use permissible on review.

In the event the owner of any land lying between the right-of-way lines of the street and setback lines of his tract desires to surface with concrete or asphalt he shall first submit the plans and specifications of the proposed cut, paving, drainage, and lot design to the city engineer for said engineer's approval. In no case shall parking be permitted or any cutback for ingress and egress be constructed with the sight triangle specified in section 33 of this code. In addition, whenever a new curb or parking area is installed, it shall be so designed and used that parked vehicles will not protrude into the traffic lane portion of the street.

Section 37. Landscaping requirements for off-street parking facilities.

1. Intent of landscaping requirements. The intent of this section is to protect and promote the public health, safety and welfare by requiring the landscaping of parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to prevent soil erosion; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to provide shade; to visually enhance the appearance of parking lots; and to generally promote a healthful and pleasant environment. All areas used for the display, parking, or storage of any and all types of vehicles, boats, or construction equipment are subject to provisions herein.

2. Landscaping requirements for off-street parking and other vehicular use areas having at least ten (10) and not more than thirty (30) parking spaces. The owners shall provide peripheral landscaping and street landscaping as indicated below.

(a). Peripheral landscaping requirements.

(1). Peripheral landscaping shall be required along any side of a parking area that abuts adjoining property that is not a street or alley right-of-way.

(2). A landscaping strip four (4) feet in width shall be located between the parking area and the abutting property lines.

(3). At least one tree for each forty (40) linear feet or fraction thereof shall be planted in the landscaping strip. The required trees may be evenly spaced or grouped.

(4). In addition to the required trees, a wall, fence, hedge, berm, or other durable landscape barrier shall be planted or installed. The height of any such hedge or barrier shall be no less than six (6) feet.

(5). At least one shrub or vine for each ten (10) feet of nonliving durable barrier (such as a wall or fence) shall be planted between the parking lot and the barrier.

(6). Peripheral landscaping requirements shall not be applicable in the following situations:

(A). To those portions of the property that are opposite a building located on the abutting property line.

(B). Where the abutting property is zoned for nonresidential uses, only the tree provision and the landscape strip, planted with grass or ground cover, shall be required.

(7). Twenty (20) percent of the trees for peripheral landscaping requirements can be evergreens that normally grow to an overall height of a minimum of fifteen (15) feet.

(b). Street landscaping requirements.

(1). Street landscaping shall be required along any side of a parking lot that abuts the right-of-way of any street, road or highway.

(2). A landscaping strip five (5) feet in depth shall be located between the abutting right-of-way and the parking lot.

(3). At least one tree for each forty (40) linear feet or fraction thereof shall be planted in the landscaping strip. The required trees may be evenly spaced or grouped.

(4). A hedge, landscaped berm, or other living durable landscape barrier shall extend the entire length of the landscaping strip. The height of any such barrier or hedge shall be no more than three (3) feet. The first ten (10) feet on both sides of any driveway pavement is excluded from this requirement, but shall be planted with grass or ground cover.

(5). In lieu of the requirements of subparagraphs (3) and (4) of this section, at least one tree for each twenty (20) linear feet or fraction thereof shall be planted in the landscaping strip. The required trees may be evenly spaced or grouped.

3. Landscaping requirements for off-street parking and other vehicular use areas having more than thirty (30) parking spaces. The owners shall provide peripheral landscaping and street landscaping as indicated above and interior landscaping as indicated below.

(a). Interior landscaping requirements.

(1). Off-street parking areas shall have at least ten (10) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter.

(2). Each separate landscaped area shall contain a minimum of fifty (50) square feet, shall have a minimum dimension of at least five (5) feet, and shall include at least one (1) tree. The remaining area shall be landscaping material not to exceed three (3) feet in height.

(3). The total number of trees shall not be less than one (1) for each one hundred (100) square feet or fraction thereof of required interior landscaped area.

(4). No parking space shall be located more than one hundred (100) feet from a portion of landscaped open space required by this section.

4. Plant material. Species of plant material shall be acceptable to the director of planning.

(a). Trees.

(1). For the purposes of this ordinance, trees are defined as any self-supporting woody plants which usually produce one main trunk and normally grow to an overall height of a minimum of fifteen (15) feet in _________ county.

(2). Trees having an average natural spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a 15-foot crown spread. Trunks must be maintained in a clean condition over five (5) feet of clear wood.

(3). Tree species shall be a minimum of six (6) feet overall height immediately after planting.

(4). Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, unless the tree root system is completely contained within a barrier acceptable to the director of planning.

(b). Shrubs and hedges.

(1). For the purposes of this ordinance, shrubs are defined as any woody plant that usually remains low and produces shoots or trunks from the base.

(2). Hedges, where required, shall be a minimum of two feet in height when measured immediately after planting and shall be maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting.

(c). Vines. For the purposes of this ordinance, vines are defined as plants which normally require support to reach mature form.

5. Other requirements for landscaped areas.

(a). Installation.

(1). All landscaping shall be installed according to accepted planting procedures and landscaped areas shall require protection from vehicular encroachment.

(2). A certificate of occupancy is required for all parking areas having ten (10) or more spaces and no certificate will be issued unless the landscaping meets the requirements herein provided or unless a bond is posted acceptable to the director of planning, who may accept such a bond in lieu of landscaping due to weather or climate conditions unsuitable for planting. Such a bond will not be maintained for more than nine (9) months.

(b). Maintenance.

(1). The owners shall be responsible for providing, protecting, and maintaining all landscaping in growing and healthy condition; shall replace it when necessary; and shall keep it reasonably free from debris.

(2). Should the owner not maintain the property as provided in paragraph (1) of this subsection, the city has the authority to enter the premises upon written notice and perform the necessary maintenance. The cost of performing said maintenance shall be certified by the director of planning and transmitted to the owner. Should the owner fail to pay the cost of maintenance within thirty (30) days of receipt of said notice, the cost shall become a lien on the property.

Section 38. Group housing project.

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least three (3) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this ordinance to the individual buildings in such housing project, the application of such requirements to such housing project shall be done by the planning commission in a manner that will be in harmony with the character of the neighborhood, will insure a density of land use no higher and a standard of open space at least as high as required by this ordinance in the district in which the proposed project is to be located. In no case shall the project be authorized if it includes a use or building height prohibited in the district in which the housing project is to be located.

Section 39. Townhouse development.

(a). Townhouses shall be subject to the following area regulations:

Table I.

Bulk and Area Requirements for Townhouse Developments

 

Areas in Square Feet:

 

Distances in Feet

 

Type of Regulation

RM-6 District

RO District

 

Lot area, minimum:

 

 

town house development

24,000

24,000

individual townhouse lot

1,500

1,500

Townhouse development lot area per townhouse lot

2,400

2,400

Lot width, minimum:

 

 

interior lots

20

20

end lots:

 

 

abutting a side street

35

30

not abutting a side street

30

30

Yards, minimum:

 

 

front yards

25

10

rear yards:

 

 

backing on a street

25

10

not backing on a street

15

15

side yards:

 

 

interior lots

end lots:

 

 

interior side

side abutting a street

15

10

side abutting other property

10

10

Floor area ratio, maximum:

 

 

ratio of total floor area to land area of townhouse development

0.4

0.8

ratio of townhouse floor area to area of individual townhouse lot

0.6

1.2

 

 

Areas in Square Feet:

 

Distances in Feet

Type of Regulation

RM-6 District

RO District

 

Coverage, maximum, in percent:

 

 

of townhouse individual lot

50

50

of required rear yard

20

30

 

(b). In each townhouse development there shall be common livability space in the amount of at least 350 square feet per dwelling unit. Each common livability space which is provided to meet this requirement shall be at least 3,500 square feet in area and shall have at least a dimension of not less than sixty (60) feet.

(c). Townhouses shall be permitted only in recorded townhouse plats, prepared in accordance with the townhouse plat provisions of the subdivision regulations of the city of _________.

Section 40. Entrances to dwelling units in apartment houses and group dwellings.

Each dwelling unit in an apartment house, group dwelling, or mixed building shall front either on a street or other permanent open space at least thirty (30) feet wide or on an outer court. The least width of such court if flanked by buildings on one side only, shall be:

1 to 1.5 stories

30 feet

2 to 2.5 stories

35 feet

3 to 3.5 stories

40 feet

4 stories or more

45 feet

 

If flanked by buildings on both sides, the least width of such court shall be:

1 to 1.5 stories

30 feet

 

2 to 2.5 stories

50 feet

3 to 3.5 stories

60 feet

4 stories or more

70 feet

 

Such court shall extend clear and unobstructed to the sky and shall extend clear and unobstructed of the same width to a public street or to another court of equal or greater width which extends to a public street. Where there are buildings on both sides and they are of different numbers of stories, the average number of stories shall determine the width of the required court.

Section 41. Planned unit development.

(a). Planned unit development shall be permitted when, in the opinion of the planning commission, the following objectives are achieved:

(1). To promote a flexible but unitary site development plan for residential development.

(2). To permit a clustering of dwelling units at appropriate gross densities for the preservation of existing landscape features and to promote most efficient possible use of open space.

(3). To combine and coordinate building forms and building relationships within the planned unit developments.

(4). To encourage innovative development of smaller parcels of land that have been passed over.

(5). To insure a quality of construction and public improvements commensurate with other development within the city of _________.

(6). To provide a choice in the types of environment, occupancy tenure, types of housing, types of ownership, and community facilities available to existing and potential residents.

(7). To give the developer reasonable assurance of ultimate approval before investing in complete design development while providing the city of _________ with assurances that the project will retain the character envisioned at the time of approval.

(b). The minimum area required to qualify for a planned unit development shall be one (1) contiguous acre of land.

(c). Planned unit development shall be subject to the following area regulations:

Table II.

Requirements

R-1 District

RM-2 District

RM-6 District

RO District

 

Individual lot

3,250 sq. ft.

3,250 sq. ft.

1,500 sq. ft.

1,500 sq. ft.

Minimum area in PUD per individual platted lot

6,000 sq. ft.

4,000 sq. ft.

2,400 sq. ft.

2,400 sq. ft.

Lot width, minimum

20 ft.

20 ft.

20 ft.

20 ft.

Yards, minimum

None

None

None

None

Floor area ratio, maximum PUD

0.30

0.30

0.40

0.80

Individual lot

0.40

0.50

0.60

1.20

Maximum coverage of individual lot

40%

40%

50%

50%

 

(d). Before being placed on the planning commission agenda, proposed planned unit development shall be reviewed by the planning department no less than thirty days prior to the date of the planning commission meeting.

Such a review, or preapplication conference, shall be for the purpose of informing the city of the development concept and to familiarize the developer with the planned unit development process. At the conference, the developer shall submit a concept plan that clearly shows the following:

(1). The general outlines of the interior roadway system and all existing rights-of-way and easements.

(2). The general extent, size, and composition in terms of the total number of dwelling units and the approximate percentage allocation by dwelling unit type.

(3). A calculation of the residential density in dwelling units per gross acre including interior roadways;

(4). The interior open space system;

(5). Proposed treatment of the perimeter of the PUD.

(e). The review by the planning department will include written comments to the applicant no later than two weeks after the preapplication conference. The planning department review will concern the following elements in the order that they are presented below:

(1). The design must first provide for certain external factors of community-wide concern. This includes adherence to the general plan in relationship to major streets, designated open spaces, parkways, and major drainage channels.

(2). The proposal shall meet the objectives as expressed in subparagraph (a) of this section.

(3). The design must be properly related to proposed and existing land uses of adjacent properties.

(4). The design shall give proper attention to internal detailing, including layout of streets, lots, and blocks that, at a minimum, reflect urban design principles of the city of _________ subdivision regulations.

(f). The following materials shall be submitted with an application for a use permissible on review:

Site Development Plan and Supporting Maps

(1). The existing site conditions including contours at two-foot intervals, flood plains, water course, and existing vegetation.

(2). Proposed lot lines and building lines.

(3). The location and maximum floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, density, and types of dwelling units.

(4). Existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.

(5). A general landscape plan indicating the treatment of materials used for private and common open spaces.

(6). Proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences, walls.

Written Documents

(1). A statement of specific planning objectives to be achieved by the planned unit development through the approach proposed by the applicant. Staff recommendations will, in part, reflect whether or not the proposed design effectively meets the stated planning objectives.

(2). Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; total amount of open space; total amount of nonresidential construction.

Preliminary Plat

(1). The preliminary plat shall, at a minimum, incorporate urban design principles enumerated in chapter _________ of the code of the city of _________.

(2). The preliminary plat shall be presented separate from the required site development plan and supporting maps.

(g). All plats and building plans submitted subsequent to the approval of a PUD shall be in substantial conformity to the approved site development plan. A plat or building plan shall be deemed in substantial compliance so long as the plat or plan does not involve a change of one or more of the following:

(1). Violate any provision of this chapter of the code.

(2). Vary any lot area as indicated on the preliminary plat by more than ten (10) percent.

(3). Increase the ground area covered by buildings on any lot as depicted by the site development plan by more than five (5) percent.

(4). Realign any street, sidewalk, or bicycle path.

(5). Change the location of any building or structure by more than ten (10) feet in any direction.

(h). Preliminary plats and approved site development plans for planned unit development shall become null and void if no final plat has been submitted for approval within twelve (12) months after the date of enactment by city council of the request for the use permissible on review.

(i). If no development has occurred pursuant to the adopted final plat within twelve (12) months after approval, the approved site development plan shall become null and void and approval of a new site development plan shall be required.

Section 42. Uses permissible upon review.

The uses listed under the various districts herein as "uses permissible on review" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses may make it desirable that they be permitted to locate therein. The following procedure is established in order to determine those situations and conditions under which "uses permissible on review" may be integrated with other land uses located in the district. The city council by ordinance may, after public notice and hearing by the planning commission, authorize "uses permissible on review." Such authorization may be conditioned upon the applicant meeting certain requirements and/or conditions. The following procedure shall be followed:

(a). An application for review shall be filed with the city clerk. Said application shall show:

(1). The names and addresses of all record property owners within a three-hundred (300) foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of three-

hundred (300) feet in width. Said list shall be current and certified by a registered professional engineer, a registered land surveyor, an attorney, or a bonded abstractor.

(2). The land area of the subject property computed and certified by a registered engineer, architect, or qualified surveyor.

(3). A plot plan of the subject property reflecting the requirements of section 48, subsection 5.

(4). A filing fee of thirty-five dollars ($35.00).

(b). Notice of the public hearing shall be given in the manner prescribed in section 48, subsection 5.

(c). The planning commission shall, after public hearing, transmit to the city council its report as to the effect of such proposed use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the public health, safety and general welfare, together with any requirements and/or conditions necessary to protect the public health, safety, and general welfare, and the recommendation of the planning commission concerning the uses thereon.

(d). In the case of a protest against such requested "uses permissible on review," signed by the owners of fifty percent (50%) or more of the area within a three hundred (300) foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of three hundred (300) feet in width, such change shall not become effective except by a favorable vote of five (5) members.

(e). "Uses permissible on review" shall be considered a privilege bestowed by the city council for a specific use at a specific location. "Uses permissible on review" may be granted by the city council for such period of time, with such requirements and/or conditions, as the council deems appropriate. Such requirements and/or conditions shall be continually complied with by the applicant and his successors and assigns.

(g). If any applicant who is granted a "use permissible on review" or his successor or assign violates any requirement or condition specified in the authorizing ordinance, said violation constitutes a violation of the zoning ordinance and subjects the violator to the fines and penalties contained therein. Further, such a violation constitutes grounds for the city council to revoke or amend, by ordinance, the previously authorized "use permissible on review." Additionally, if the city council determines that a change of condition has occurred with respect to the neighborhood surrounding or adjacent to the location of a previously granted "use permissible on review," the city council may after public hearing, by affirmative vote of at least four (4) members, revoke or amend, by separate ordinance, the "use permissible on review" previously authorized. The revoking or amending ordinance may be considered at the same meeting during which the public hearing is held.

Section 43. Storage of liquefied petroleum gas.

The use of land or buildings for the commercial storage of liquefied petroleum gases shall be prohibited within the city limits except in the I-2, Heavy Industrial District.

Section 44. Sales prohibited from residences or garages.

It shall be unlawful to sell, offer for sale, or otherwise place up for sale to the public any goods, wares or merchandise from any residence or garage appurtenant thereto except as might otherwise be permitted by this ordinance. Provided, however, owners and possessors of the property from which said sales might be conducted shall be permitted to sell, offer for sale and to place up for sale goods, wares and merchandise owned by them for a period of no less than six (6) months, provided further, however, that in no event shall any goods, wares or merchandise purchased by the owners, or possessor of said premises, or by others, for resale to the public be sold, offered for sale or otherwise placed up for sale from said premises.

Article IV.

Administration

Section 45. Building permit.

This ordinance shall be enforced by a building inspector appointed by the city manager. It shall be unlawful for an owner to permit or do the following: change the use of land or structure; erect, alter or move any structure until the building inspector has issued a building permit certifying that the plans and intended use of land, buildings, and structures are in conformity with this ordinance. Provided, however, that nonstructural alteration or repair not to exceed $500 in total cost may be made without obtaining a building permit; and further provided that no building permit shall be required for the replacement or repair of conforming uses destroyed by fire or an act of God if the replacement is identical in use and coverage with that part of the structure destroyed.

1. Application. The building inspector may require every applicant for a building permit to furnish the following information:

(a). A plat drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing buildings and structures and the lines within which the proposed building or structure shall be erected or altered.

(b). A declaration of the existing and intended use of each building or part of a building, the number of families and the housekeeping units the building is designed to accommodate.

(c). Such other information with regard to the lot and neighboring lots and their use as may be necessary to determine and provide for the enforcement of these regulations.

Section 46. Violations and penalties.

(a). From and after the passage of this ordinance, the violation of any section of zoning ordinance no. _________ as amended or recodified, shall constitute a misdemeanor and upon conviction of such violation shall be punishable by a fine of not more than twenty ($20) dollars.

(b). Each day that a violation is permitted to exist shall constitute a separate and distinct offense, providing that any one or more of such offenses may be set out in any complaint or information filed pursuant to the provisions herein, provided further that separate and distinct proof of each day's offense shall be required.

(c). The provisions of this ordinance shall apply to, cover and affect any person, firm, corporation or group of persons, acting together or in concert, who violate or refuse to comply with any of the provisions, sections, rules or regulations of the above mentioned codes and sections, and any and all sections within said codes prescribing penalties not in accord herewith are repealed insofar, but only insofar, as said sections prescribe penalties different from those herein set forth.

Section 47. The board of adjustment.

1. Establishment of a board of adjustment and proceedings thereof. A board of adjustment and rules for the conduct of proceedings are hereby established as provided in chapter _________ of this code.

2. Duties of an administrative official, board of adjustment, city council, and courts on matters of appeal. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to an administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of an administrative official, and that recourse from the decision of the board of adjustment shall be by appeal to the district court as herein provided.

It is the further intent of this ordinance that the duties of the city council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance, the city council shall have only the duties of: (1) considering, adopting, or rejecting proposed amendments, or repealing this ordinance, as provided by law, and (2) establishing a schedule of fees for appeals hereunder for building permits and all other expenses connected with the enforcement of this ordinance.

3. Powers. The board of adjustment shall have the following powers:

(a). Upon proper application, to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance or any other ordinance adopted pursuant thereto.

(b). Upon proper application to hear and decide special exceptions to the terms of this ordinance as hereinafter enumerated in subsection 7 of this section.

(c). Upon proper application, to hear and authorize in specific cases such variances from the terms of this ordinance as are allowed under subsection 10 of this section.

4. Decisions of the board of adjustment. In exercising the above-mentioned powers, the board of adjustment shall reverse or affirm, wholly or in part, shall modify the order, requirement, decision, or determination appealed from, shall make such order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this ordinance, and to that end shall have the powers of an administrative official from whom the appeal is taken.

The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

5. Appeals from the board of adjustment. Any person or persons, board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of adjustment may within ten (10) days after filing of the minutes of such decision with the city clerk by the board, seek review by the district court by filing with the city clerk and with the chairman of the board of adjustment, a notice of appeal, which said notice shall specify in detail the grounds of such appeal. Upon filing of the notice of appeal, as herein provided, said board shall forthwith cause to be transmitted to the court clerk of the district court the original, or certified copies, of all the papers constituting the record in the case, together with the order, decision, or ruling of the board.

An appeal to the district court from the board of adjustment stays all proceedings and the action appealed from unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk after the notice of appeal has been filed, that by reason of fact stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the district court upon application or notice to an administrative official in charge of the enforcement of the terms and provisions of this ordinance, upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown the court may reverse or affirm, wholly or partly, or modify, the decision brought up for review.

6. Procedure for appeal of the decision of an administrative official to the board of adjustment. Appeals may be taken to the board of adjustment by any person aggrieved or by any officer or bureau of the governing body of said city affected by any decision of an administrative official concerning interpretation or administration of this ordinance. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days, by filing with an administrative official and with the board of adjustment, a notice of appeal specifying the grounds thereof. In addition, such person shall deposit with the city clerk a fee of twenty-five ($25) dollars to cover the cost and expense of appeal to the board of adjustment.

An administrative official shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

The board of adjustment shall fix a reasonable time for the hearing of an appeal giving notice to the parties in interest, and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

An appeal stays all proceedings in furtherance of the action appealed from unless an administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order, which may be granted by the board of adjustment or by a court of competent jurisdiction upon application, upon notice to an administrative official from whom the appeal is taken, and upon due cause being shown.

7. Special exceptions defined and enumerated. A special exception is defined as follows: "a special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning districts as special exceptions if specific provision for such special exceptions is made hereafter."

The board of adjustment is hereby empowered and authorized to grant the following specific exceptions, to wit:

(a). To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(b). To permit the reconstruction of a nonconforming building that has been destroyed, or partially destroyed by fire or act of God, where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

(c). To interpret the provisions of the ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this ordinance.

(d). To grant exceptions to the off-street parking requirements as set forth in sections 35 and 36, when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, that the proposed use of land is similar in nature to adjacent land uses, and that the proposed use will not create undue traffic congestion in the adjacent streets.

(e). To permit new structures and substantial improvements to be erected in the designated floodway of the flood hazard district on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level when, (1) good and sufficient cause is shown, (2) it is determined that the exception is the minimum necessary (considering the flood hazard) to afford relief, and (3) that the granting of the exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing ordinances.

8. Procedure for application for special exceptions. Applications may be taken to the board of adjustment for special exceptions to this ordinance, above-defined and enumerated in subsection 7, by any person aggrieved or by any officer or bureau of the governing body of said city. A special exception shall not be granted by the board of adjustment unless and until:

(a). An applicant shall submit to the board of adjustment a written application for said special exception indicating the section of this ordinance under which the special exception is sought, and stating the grounds upon which it is requested. An application for a special exception to the provisions of chapter _________ of the code shall include the following plans and information:

(1). The name, address and telephone number of the owner or person entitled to possession of the sign and of the sign contractor or erector.

(2). The location by street address of the proposed sign structure.

(3). A site plan, drawn to scale, showing the location of the proposed sign, the location of existing or proposed buildings or other structures on the lot, the location of existing signs and proposed signs on the premises, the location of public rights-of-way on or adjacent to the property, and the location of vehicular entrances or exits on the property.

(4). Elevation drawings of the proposed sign, drawn to scale, showing major dimensions of the proposed sign, including height, clearance above sidewalks and distance of projection from the building, proposed sign copy, and pertinent architectural details and location of any landscaping to be provided in connection with the sign.

(5). Type and location of proposed illumination.

(6). Elevation or perspective drawings, or photographs, showing the architectural design and construction materials of existing or proposed building on the lot, when such information is pertinent to the application.

(7). Any additional information which the applicant feels may support the request.

(b). A fee of fifty ($50) dollars shall be paid to the city clerk to cover the cost and expense of the appeal to the board of adjustment.

(c). The applicant shall submit with each application a list of names and addresses of all record property owners within a three-hundred (300) foot radius of the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, or a bonded abstractor. Maps and forms to accomplish the above requirement will be available at the city of _________ planning department.

(d). Upon receipt of said written application, fee, and list, notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city of _________ not less than fifteen (15) days before the meeting of the board. In addition, notice by the chairman of said board to all owners of property within a three-hundred (300) foot radius of the exterior boundary of the subject property. Said notice shall contain:

(1). Legal description of the property and the street address or approximate location in the city of _________;

(2). Present zoning classification of the property and the nature of the exception requested;

(3). Date, time, and place of hearing. Said written notice shall be mailed not less than fifteen (15) days before the meeting of the board. A copy of the published notice may be mailed in lieu of written notice. However, no notice of hearing shall be required on hearings involving minor exceptions, and the board shall set forth in its statement of policy what constitutes minor exceptions. Such minor exceptions shall be approved by the city council.

9. Hearing of the board of adjustment on a special exception. The public hearing shall be held in accordance with the following provisions:

(a). At said hearing, any party may appear in person or by agent or attorney.

(b). In those instances where a special exception is granted the board of adjustment shall make a finding that the granting of such special exception will not adversely affect the public interest.

(c). In granting any special exception, the board of adjustment shall prescribe the appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance and punishable under the penalty sections of this ordinance. The board of adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

10. Variance defined. A variance is defined as follows: "a variance is a relaxation of the terms of the zoning ordinance, when such variance will not be contrary to the public interest, and where, owing to the conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship, as hereinafter defined. As in this ordinance a variance is authorized only for height, area, and the size of yards and open spaces except that in the A-2, Rural Agricultural District, the frontage requirement may also be varied when justified."

11. Procedure for application for variances. The board of adjustment shall have the power to authorize, upon appeal in specific cases, such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions would result in an unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

(a). An applicant shall submit to the board of adjustment a written application indicating:

(1). That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same district.

(2). That the literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

(3). That the special conditions and circumstances do not result from the actions of the applicant.

(4). That granting the variances requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structure, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(b). A fee of fifty ($50) dollars shall be paid to the city clerk to cover the cost and expense of the appeal to the board of adjustment.

(c). The applicant shall submit with each application a list of names and addresses of all record property owners within a three hundred (300) foot radius of the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, or a bonded abstractor. Maps and forms to accomplish the above requirement will be available at the city of _________ planning department.

(d). Upon receipt of said written application, fee, and list, notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city of _________ not less than fifteen (15) days before the meeting of the board. In addition, notice of public hearing shall be given by mailing written notice by the chairman of said board to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property. Said notice shall contain:

(1). Legal description of the property and the street address or approximate location in the city of _________.

(2). Present zoning classification of the property and the nature of the variance requested.

(3). Date, time, and place of hearing.

Said written notice shall be mailed not less than fifteen (15) days before the meeting of the board. A copy of the published notice may be mailed in lieu of written notice. However, no notice of hearing shall be required on hearings of policy what constitutes minor variances. Such minor variance shall be approved by the city council.

(e). A variance from the terms of chapter _________ of this code shall not be granted by the board of adjustment unless and until an applicant shall comply with all provisions of this section and also indicate by written application that:

(1). There are special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structure or other matters on right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desired to draw attention and do not apply generally to all business or enterprises.

(2). The variance would be in general harmony with the purposes of this code, and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desired to draw attention is located.

(3). The variance is the minimum one necessary to permit the applicant to reasonably draw attention to his business or enterprise.

12. Hearing of the board of adjustment on a variance. The public hearing shall be held in accordance with the following provisions:

(a). At said hearing, any party may appear in person or by agent or attorney.

(b). The board of adjustment shall make a finding that the requirements of subsection 11(a) hereinabove have been met by the applicant for variance.

(c). The board of adjustment shall further make a finding that the reason set forth in the application justifies the granting of the variance is the minimum variance that will make possible the reasonable use of the land, structure, or building.

(d). The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the purpose and intent of this ordinance, will not be injurious to the neighborhood, or will not be otherwise detrimental to the public welfare.

(e). The board of adjustment, in granting any variance, shall prescribe appropriate conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and shall be punishable under the penalty section of this ordinance.

(f). The board of adjustment shall under no circumstances grant a variance to allow a use not permissible under the applicable terms of this ordinance or other general ordinance of said city with respect to the use district concerned, nor shall the board of adjustment hear or decide upon any matters that could be determined by regular zoning procedures before the planning commission and city council of the city of _________, nor grant any variance by reason of the existence of nonconforming uses in the district concerned or in adjoining districts.

(g). For the purposes of this ordinance the term "hardship" shall be interpreted to mean a hardship peculiar to the property of the applicant that is of such a degree of severity that its imposition is not necessary to carry out the spirit of the zoning ordinance and that would amount to substantial and unnecessary waste of the property.

(h). The board of adjustment shall not have the authority to grant any variance which would increase the maximum permitted sign area on a single lot or building as specified in this code, or to allow any sign classified as a prohibited sign as specified in section _________ of the code.

13. Provisions of ordinance declared to be minimum requirements.

The provisions of this ordinance, in their interpretation and application, shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any of the lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standard shall govern.

Section 48. Amendments.

1. Public hearing. The city council may, from time to time on its own motion or on petition, after public notice and hearing by the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions, or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The parties in interest and citizens shall be notified of the public hearing in the following manner:

(a). At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city of _________.

(b). In addition, fifteen (15) days notice of public hearing of any change in zoning shall be given by mailing written notice by the secretary of the planning commission to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of three hundred (300) feet in width. Said notice shall contain:

(1). Legal description of the property and the street address or approximate location in the city or town.

(2). Present zoning and classification of the property and the classification sought by the applicant.

(3). Date, time, and place of the public hearing.

In the alternative and in lieu of notice by mailing, notice may be given by posting notice of such hearing on the affected property at least ten (10) days before the date of hearing.

2. Passage by the city council.

(a). Every such proposed change in regulations, restrictions, and boundaries shall be referred to the city planning commission for public hearing, report, and recommendation. In case of a protest against such

change, signed by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change, such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the city council.

(b). In case of a protest against such change, signed by the owners of fifty percent (50%) or more of the area within a three hundred (300) foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of three hundred (300) feet in width, such change shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the city council.

(c). Whenever the owners of fifty-one percent (51%) of the land in any area shall present a petition duly signed and acknowledged requesting an amendment of the regulations prescribed for such area, it shall be the duty of the city council to vote upon such amendment within ninety (90) days of the filing of same by the petitioners with the city clerk. If any area is hereafter transferred to another district by amendment of district boundaries as provided in this section, buildings or premises existing at the time of passage of this ordinance shall apply to buildings or premises existing in such transferred area at the time of passage of such amendment.

3. Filing fees.

(a). For each petition for amendment to the zoning ordinance the city planning commission shall collect a fee as hereinafter set forth:

Agricultural and Single Family:

A-1

 

A-2

 

R-1

$25 plus $1/acre or increment thereof

R-1-10

up to a maximum of $50.

R-1-15

 

RE

 

 

Two-Family and Low-Density Multifamily:

R-2

$25 plus $5/acre or increment thereof

RM-2

up to a maximum of $100.

 

Medium and High Density Multifamily and Mobile Home:

R-3

 

RM-4

$35 plus $5/acre or increment thereof

RM-6

up to a maximum of $100.

RO

 

 

Permissive use with no change in zoning district: $35 flat fee.

Commercial:

C–O

 

C-1

$50 plus $5 for each 10,000 sq. ft. or

C-2

increment thereof up to a maximum of

C-3

$100.

TC

 

 

Industrial:

I-1

$35 plus $3/acre or increment thereof

I-2

up to a maximum of $100.

 

Multizoning request involving a change to two or more zoning classifications covering the same tract of land: $75 plus $1/acre or increment thereof up to a maximum of $100.

(b). The area of each request and/or subdivisions thereof shall be computed and certified by a registered engineer, architect, or qualified surveyor and submitted with each application.

(c). The applicant shall submit with each application a list of names and addresses of all record property owners within a three-hundred (300) foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of three hundred (300) feet in width. Said list shall be current and certified by a registered professional engineer, a registered land surveyor, an attorney, or a bonded abstractor. Maps and forms to accomplish the above requirement are available at the city of _________ planning department.

(d). Filing fees will be computed by the planning department on each application before it is filed with the city clerk.

4. Automatic review of commercially zoned lands.

(a). The commission of the city of _________, shall review or cause to be reviewed by the planning commission of said city, which planning commission shall subsequently make recommendations to said city commission, all tracts, parcels, lots, or other lands zoned for commercial purposes after said land has been zoned for such commercial purposes a period of five years. Such review shall determine whether or not development has commenced in pursuance of or because of such commercial zoning; the intent of the owner of such property or of the original applicant with respect to the development thereof, if no such development has occurred within the next preceding five year period, and to determine any other or all factors with respect to such land which will aid the city commission in determining whether or not to rezone such land to its original or prior zoning classification, provided however, the city commission shall not rezone any such land to any prior zoning classification until such time as all requirements of law with respect to notice and hearing have been satisfied.

5. Plot plans required. In order to protect the general health, peace, safety, and welfare of the city and its citizens and their property, the city commission shall, from and after the effective date of this ordinance, require the submission of plot plans and/or affidavits or memorandums of intent with all applications for the rezoning of land to any commercial or industrial classification. For the purpose of this ordinance, such plot plans shall reflect, but shall not necessarily be limited to, the following: (1) the exterior property lines of the lot or piece of real property concerned; any existing structures on the lot or piece of land; the lines within which any contemplated structure is to be constructed, (2) a statement or other evidence of the type of structure to be placed on said land, and (3) all proposed setbacks, right-of-way or easement dedications, and parking, and further providing that any substantial divergence from the plot plans, affidavits or memorandum of intent on which such commercial zoning may have been based shall result in the immediate cancellation of such commercial zoning after notice and hearing thereof, unless said plot plan has theretofore been amended by the governing body.

6. Reapplication for a change in zoning. After an application to amend the regulations and districts herein established for a particular tract of land that has been rejected by the city council, no further application to amend the regulations and districts for the same tract of land shall be considered by the planning commission or city council for a period of one (1) year from the date of the city council's rejection, unless:

(a). The application is for a different zoning district than the district for which the prior rezoning request was rejected.

(b). A substantial change in the condition of the neighborhood has occurred since the prior rejection by the city council. For the purposes of this section, a substantial change in the condition of the neighborhood shall mean:

(1). The granting of rezoning for a more intensive use for a tract of land within 300 feet of the exterior boundary of the tract of land in question.

(2). A change in the designation of a street on the city of _________ major streets and highways plan which abuts the tract of land in question.

Section 49. Classification of new additions.

(a). The zoning classification of all land areas annexed to the city of _________ should be made a part of the annexing ordinance or passed by separate ordinance at the time of passage of the annexing ordinance.

(b). In the event no zoning classification is made of any annexed territory then that area shall be and is classified as R-1, Single Family Residential District; provided, however, that within a period of time not to exceed four (4) months after the date of passage of the annexing ordinance by the city commission the planning commission shall study said area and recommend to the city commission the zoning classification of said annexed area. Thereupon, the city commission shall, after public hearing, classify all of said annexed area by placing it in one or more zones as established by this ordinance.

Article V.

Definitions

Section 50. Definitions.

(1). Accessory. A use, building, structure, part of a building, or part of a structure which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot, including a private garage. If a building otherwise qualified as an accessory building is attached to the main building by a common wall or roof, such building shall be considered a part of the main building. Accessory buildings include, but are not limited to, barns, sheds, guest houses without cooking, private garages, and servant's quarters. Accessory uses include customary house occupations, the keeping of pets, and off-street parking and loading facilities. Uses accessory to apartment houses include prepackaged food and toiletries stores, subject to the provisions of section 16, subsection 3 of this code.

(2). Alley. A street less than thirty (30) feet wide if it existed prior to the enactment of this ordinance, and less than fifty (50) feet wide if created after the enactment of this ordinance. This definition shall not apply to a half-street, as hereinafter defined, and shall not restrict the development of property adjacent to a half-street, said property being only that for which the half-street was dedicated.

(3). Apartment house. A single detached dwelling designed for and occupied exclusively by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort-type hotels.

(4). Basement. A story having part but not more than one-half (½) its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by anyone other than a janitor employed on the premises.

(5). Boarding House. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for five (5) or more persons.

(6). Building. Any structure. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure.

(7). Building area. The total ground area covered by an enclosed building plus the total area of all covered open spaces at ground level, measured from the faces of exterior walls, at the mean grade level of each building.

(8). Building height. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

(9). Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

(10). Building site. A single parcel of land in one ownership, occupied or intended to be occupied by a building or structure.

(11). Car space. Open space area (covered and uncovered) used for car traffic and maneuvering and car parking. It includes the paved trafficways and parking areas of all streets within the land area.

(12). Child care establishment. Any place, home or institution which receives more than eight children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians or custodians, when such care is received for regular periods of time for compensation; provided, however, this definition shall not include those public and private schools organized, operated or approved under the laws of the state of _________ and regulated by the state department of education, those where custody of the children has been fixed by a court of competent jurisdiction, those where children are related by blood or marriage within the third degree of the custodial person, or to those public or private institutions caring for children while the parents, legal guardians or custodians are attending services, meetings, classes, or otherwise engaging in that institution's activities, to the extent such care and custody does not exceed four hours at any one time.

(13). District. Any section or sections of the city of _________ for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

(14). Driveway, regularly constructed (for determining parking spaces allowed on driveways in front and side yards). Parking spaces provided on a regularly constructed driveway must be immediately adjacent to the driving lane and parallel to the direction of traffic flow. Parking spaces oriented at any angle to the direction of traffic flow shall not be considered to be provided on the driveway.

(15). Dwelling. Any building or portion thereof which is designed for use for residential purposes.

(16). Dwelling, multiple. A building designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort-type hotels.

(17). Dwelling, single family. A building designed to be occupied by one (1) family.

(18). Dwelling, Two Family. A building designed to be occupied by not more than two (2) families.

(19). Dwelling unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. In quasi-unit quarters, accommodations for every three (3) persons shall be counted as a dwelling unit.

(20). Family. An individual, or two or more persons related by blood, marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit, including foster children, domestic servants, and not more than two (2) roomers. For purposes of computing intensity of use requirements, a family shall also be defined as three (3) unrelated persons living together in a quasi-unit quarter.

(21). Floor area (for computing floor area ratio, livability space ratio, open space ratio, and recreation space ratio). The total area, in square feet, of floor space within the outside dimensions of a building, including each floor level, halls, lobbies, stairways, elevator shafts, basement, covered exterior balconies, and covered open space not eligible for inclusion in covered open space.

(For computing off-street parking area loading requirements.) The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the walls or from the centerline of the walls separating two (2) buildings, but not including:

(a). Attic or basement space providing headroom of less than seven (7) feet unless such space is used for human habitation or for retailing purposes in the case of a commercial use.

(b). Uncovered steps, fire escapes, and open porches.

(c). Required accessory off-street parking and loading spaces, enclosed or open.

(22). Floor area ratio. In the RM-6 District and with respect to the large lot option in the RO District; the floor area on the lot divided by the land area. In all other cases: the floor area on the lot divided by the lot area.

(23). Floor area ratio, residential. Residential floor area on the lot divided by land area or lot area, as provided in the definition of floor area ratio.

(24). Floor area, residential. Floor area used for residential purposes but not including area for common use of all occupants or for commercial or other nonresidential purposes.

(25). Garage apartment. A dwelling unit located in a garage.

(26). Ground area. The horizontal area of the ground covered by any structure.

(27). Home business. Any occupation or profession carried on by the inhabitant, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or any sign that can be observed outside the dwelling or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of a barber shop, beauty shop, doctor's or dentist's office, tea room or restaurant, rest home, child care establishment, metal or auto repair shop illustrates some uses which shall not be deemed a home business.

(28). Hotel. A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanitariums, hospital, asylum, orphanage, or building where persons are housed under restraint.

(29). Institution. A building occupied by a nonprofit corporation or nonprofit establishment for public use.

(30). Land area (for determining livability space ratio, open space ratio). The area of the lot plus one-half (½) of any beneficial open space plus one-half (½) of any abutting street or alley right-of-way up to a maximum of fifty (50) feet in an RM-6, Medium Density Apartment District, and up to a maximum of sixty (60) feet in an RO, Residence Office District.

(31). Livability space. Open space minus open car space minus one-half (½) the ground area of any carports.

(32). Livability space ratio. The minimum area (in square feet) of livability space which shall be provided for each square foot of residential floor area.

(33). Lot. Any plot of land occupied or intended to be occupied by one (1) building, or a group of buildings, and its accessory buildings and uses, including such open spaces as required by this ordinance and other laws or ordinances, and having its principal frontage on a street.

(34). Lot, corner. A lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135°).

(35). Lot area. The total horizontal area included within lot lines.

(36). Lot depth. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

(37). Lot, double frontage. A lot having a frontage on two (2) nonintersectional streets, as distinguished from a corner lot.

(38). Lot frontage. That dimension of a lot or portion of a lot abutting on a street, except the side dimension of a corner lot.

(39). Lot interior. A lot other than a corner lot.

(40). Lot lines. The lines bounding a lot as defined herein.

(41). Miniwarehouse. A building or group of buildings in a controlled-access and enclosed compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customers' goods or wares. A miniwarehouse provides storage space for the general public.

(42). Mixed building. A building designed for or containing both residential and nonresidential uses.

(43). Nightclub. An establishment dispensing food and drink wherein less than 50% of the gross receipts are derived from the sale of food products not directly related to the consumption of intoxicating or nonintoxicating alcoholic beverages and which provides dancing facilities and/or live entertainment for patrons.

(44). Nonconforming use. Any lawful use of land, building or structure existing at the time of adoption of the zoning map, which does not conform with the regulations of the district in which it is situated.

(45). Nonresidential use. A use which is not a residential use or accessory to a residential use.

(46). Open space (for determining livability space ratio, open space ratio and recreation space ratio). Total horizontal area of all uncovered open space plus one-half (½) the total horizontal area of all eligible covered open space, excluding eaves of buildings.

(47). Open space, beneficial. Any public park, public playground, or other similar public open space which abuts a lot proposed for residential development and which is beneficial to the residential use of such lot. In determining the land area of a residential lot, such space may be counted up to one-half (½) its depth, but not to exceed fifty (50) feet in the case of a lot in the RM-6 District or sixty (60) feet in the case of a lot in the RO District.

(48). Open space, covered. Exterior space which is open on its sides to weather, but not open above to the sky and weather.

(49). Open space, covered, eligible. The horizontal area of any covered open space, to the extent to which it is not more than twice the sum of the clear, open, and unobstructed portions of the open and partially open sides of the covered open space.

(50). Open space, covered, ineligible. Any covered open space other than eligible covered open space.

(51). Open space ratio. The minimum area (square feet) of open space which shall be provided for each square foot of residential floor area.

(52). Open space, uncovered. Land area minus building area plus usable roof area.

(53). Parking space. A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

(54). Planned unit development. A land development project comprehensively planned as an entity utilizing a site development plan which permits flexibility in building siting, mixtures of all types of attached and detached housing, usable open spaces, and the preservation of significant natural features.

(55). Principal use. The predominant or main use to which a property is or may be devoted and to which all other uses on the premises are accessory.

(56). Quasi-unit quarters. Occupied quarters which do not qualify as a dwelling unit such as is found in institutions, rooming and boarding houses, college dormitories, fraternity and sorority houses and military barracks.

(57). Recreation space. That part of livability space which provides one or more major open spaces for recreational purposes in a residential development. If recreation space required for a residential development is 10,000 square feet or more, no space shall be countable unless it is at least fifty (50) feet wide and at least ten thousand (10,000) square feet in area. If total recreation space required for a residential development is less than 10,000 square feet, such space shall be provided as a single space at least forty (40) feet wide and at least 2,000 square feet in area. In either case, if the recreation space is usable roof area, the least dimension may be reduced to thirty (30) feet. Permanent public recreation areas abutting the lot and available for use by the residents thereof shall be countable as recreation space in meeting the requirements of this ordinance. Recreation space shall be appropriately developed for active or passive recreational use by the residents of the lot.

(58). Recreation space ratio. The recreation space divided by residential floor area.

(59). Residential district. An R-E, R-1, R-1-15, R-1-10, R-2, R-3, RM-2, RM-6, or RO District.

(60). Residential use. A dwelling, apartment house, apartment hotel, garage apartment, rooming house, fraternity house, sorority house, convalescent home, rest home, or nursing home.

(61). Restaurant. An establishment dispensing food and drink wherein at least 50% of the gross receipts are derived from the sale of food products not directly related to the consumption of intoxicating or nonintoxicating alcoholic beverages.

(62). Roof area, usable. The total roof area of residential buildings, garages, and accessory buildings which has been suitably improved as residential open space for use of occupants, including roof areas used for car storage.

(63). Rooming house. A residential building or portion thereof, containing rooming units, which accommodate three (3) or more persons who are not members of the keeper's family, where rooms are provided for compensation on a monthly or longer basis, and where meals may or may not be provided.

(64). Rooming unit. A room rented as sleeping and living quarters, but without kitchen facilities and with or without an individual bathroom. In a suite of rooms without kitchen facilities, each room which provides sleeping accommodations shall be counted as one rooming unit for the purpose of this ordinance.

(65). Sign, advertising (or structure). Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of this definition.

(66). Storage warehouse. A building or group of buildings used for the storage of goods and wares by commercial clients and business organizations and not open to the general public.

(67). Story. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

(68). Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

(69). Street. Any public or private right-of-way, highway, road, land, square, court, or way set aside as a permanent right-of-way for street purposes, thirty (30) feet or more in width if it existed at the time of the enactment of this ordinance, and any public or private way fifty (50) feet or more in width if created after the enactment of this ordinance.

(70). Street, half. Any street platted twenty-five (25) feet or more in width, where at the time of the approval of the plat, it is the intent of the board of city commissioners that said street dedication shall constitute only a part of the total street easement width.

(71). Street, intersecting. Any street which joins another street at an angle, whether or not it crosses the other.

(72). Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards and poster panels.

(73). Structural alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

(74). Tavern. An establishment dispensing food and drink wherein less than 50% of the gross receipts are derived from the sale of food products not directly related to the consumption of intoxicating or nonintoxicating alcoholic beverages.

(75). Tourist court. An area containing one (1) or more structures designed or intended to be used as temporary living facilities of one (1) or more families and intended primarily for automobile transients or providing spaces where two (2) or more tents or auto trailers can be parked.

(76). Trailer court. Land or property which is used or intended to be used or rented for occupancy by two (2) or more trailers or movable dwellings, rooms, or sleeping quarters of any kind.

(77). Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

(78). Yard, front. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than steps.

(79). Yard, rear. A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(80). Yard, side. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.

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