The following districts designate certain uses and special uses within each district. A use not specifically named within a district is not permitted. Any question of interpretation as to the appropriate district for a use shall be determined by the community development director. The minimum lot sizes, setbacks and other area and yard requirements for each district are provided both in each district and summarized in article VI of this chapter.

(a)

Purpose. The R-1 Residential District is established primarily to encourage the development of single-family developments, for conventional or industrialized homes. The R-1 district is a residential district.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the R-1 district:

(1)

Minimum lot size: 15,000 square feet with sewer; if on septic, 26,000 square feet or greater as required by the county health department.

(2)

Minimum lot width at street right-of-way (on existing road): 100 feet.

(3)

Minimum lot width at street right-of-way (in new development): 100 feet, 25 feet on cul-de-sac.

(4)

Front yard setback (from right-of-way): 25 feet.

(5)

Side yard setback (from property line): 11 feet.

(6)

Rear yard setback (from property line): 25 feet.

(7)

Maximum building and structure height: 35 feet.

(8)

Minimum heated square footage for primary structure: 1,500 square feet.

(9)

Buffers: none.

(c)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures.

(d)

Nonresidential uses and accessory uses. Nonresidential uses and accessory uses shall be set back at least 50 feet from all property lines, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all nonresidential uses shall be provided in accordance with the city development regulations. Other provisions of the development regulations may be applicable, and the engineering department should be consulted. Nonresidential uses must meet special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(e)

Development in R-1. Development must be in accordance with the city development regulations. The engineering department should be consulted.

(Min. of 11-10-2016, § 7.1; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2019-0009, § 2, 11-14-2019; Ord. No. 2021-0001, § 1A, 2-11-2021)

(a)

Scope and intent. Regulations set forth in this section are the R-2 district regulations. The R-2 district is intended to provide areas for higher density single-family residential uses.

(b)

Use regulations. Within the R-2 district, land and structures shall be used in accordance with the Table of Permitted Uses. Any use not specifically designated as permitted shall be prohibited.

(c)

Development standards.

(1)

Height regulations: buildings shall not exceed a height of 35 feet.

(2)

Front yard setback: 20 feet.

(3)

Side yard setback: Eight feet.

(4)

Rear yard setback: 20 feet.

(5)

Minimum lot area: 7,000 square feet.

(6)

Minimum lot width at building line on non-cul-de-sac lots: 60 feet.

(7)

Minimum lot frontage: 35 feet adjoining a street.

(8)

Minimum heated floor area of primary structure: 1,200 square feet.

(9)

Metal panel exterior: A metal panel exterior finish product shall not be allowed on metal buildings exceeding 150 square feet in gross floor area constructed or placed on lots within the R-2 district.

(10)

Gable or hip roofs: Gable or hip roofs shall have a minimum roof pitch of 6:12. Both gable and hip roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall.

(11)

Front building facade: The front building facade of all principal buildings shall be oriented toward street fronts or adjacent arterial street fronts.

(12)

Minimum open space requirements: Proposed developments consisting of more than five acres shall reserve a minimum of 20 percent of the gross acreage of the site as open space with common areas provided.

(13)

Optional density bonus: Proposed developments may contain lots with minimum areas of 5,000 square feet if the following additional criteria are met:

a.

All units will meet certification standards of the EarthCraft House certification program or will be LEED certified home; and

b.

All units will be clad with exterior finishes of brick, stone, or hard-coat stucco on 67 percent or more of wall surfaces and 100 percent architectural roofing shingles.

(Min. of 11-10-2016, § 7.2; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2019-0009, § 2, 11-14-2019)

(a)

Purpose. The R-3 Residential District is established primarily to provide for the development of single-family developments for conventional, industrialized or manufactured homes. The R-3 district is a residential district.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the R-3 district:

(1)

Minimum lot size: 15,000 square feet with sewer; if on septic, 26,000 square feet or greater as required by the county health department.

(2)

Minimum lot width at street right-of-way (on existing road): 200 feet.

(3)

Minimum lot width at street right-of-way (in new development): 100 feet, 25 feet on cul-de-sac.

(4)

Front yard setback (from right-of-way): 25 feet.

(5)

Side yard setback (from property line): 11 feet.

(6)

Rear yard setback (from property line): 25 feet.

(7)

Maximum building and structure height: 25 feet.

(8)

Minimum heated floor area of primary structure: 1,200 square feet.

(9)

Buffers: none.

(c)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(d)

Nonresidential uses and accessory uses. Nonresidential uses and accessory uses shall be set back at least 50 feet from all property lines, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all nonresidential uses shall be provided in accordance with the city development regulations. Other provisions of the development regulations may be applicable, and the engineering department should be consulted. Nonresidential uses must meet special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(e)

Development in R-3. Development must be in accordance with the city development regulations. The engineering department should be consulted.

(Min. of 11-10-2016, § 7.3; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2021-0001, § 1B, 2-11-2021)

(a)

Scope and intent. Regulations set forth in this section are the MF district regulations. The MF district is intended to provide land areas for high density apartment dwellings which will:

(1)

Encourage attractive apartment development;

(2)

Encourage the provision of recreation areas and facilities;

(3)

Be located adjacent to major thoroughfares and arterial roads, such as U.S. 41, U.S. 140, and Hall Station Road or Poplar Springs Road.

(4)

Be located so as to provide a transition between medium to high density residential areas and nonresidential areas.

(b)

Use regulations. Within the MF district, land and structures shall be used in accordance with the Table of Permitted Uses. Any use not specifically designated as a permitted use in this section shall be prohibited.

(c)

Development standards.

(1)

Height regulations: Buildings shall not exceed a height of 35 feet or three and one-half stories, whichever is higher.

(2)

Front yard setback: 11 feet.

(3)

Side yard setback: 11 feet (adjacent to interior lot line or street).

(4)

Rear yard setback: 25 feet.

(5)

Minimum lot width: 100 feet (throughout depth from front to rear lot line).

(6)

Minimum lot frontage: 100 feet adjoining a street.

(7)

Maximum density: 14 units per gross acre.

(8)

Minimum heated floor area per unit:

a.

Three-bedroom and duplex dwellings: 900 square feet.

b.

Two-bedroom: 750 square feet.

c.

Single-bedroom: 600 square feet.

d.

Studio/loft (in existing buildings): 450 square feet.

(9)

Minimum building separation: The minimum distances between buildings shall be as follows:

a.

Front to front: 50 feet.

b.

Front or rear to side: 50 feet.

c.

Side to side: 20 feet.

(10)

Minimum buffer requirements: In addition to required setbacks, a 25-foot wide buffer shall be required along all property lines which abut a single-family district or use to provide a visual screen and a ten-foot buffer adjacent to all other districts other than MF.

(11)

Minimum open space requirements: 20 percent of gross acreage shall be set aside as open space, and provisions shall be made for common areas within said open space for the use of residents of the development. Streets, parking areas, required yards, and required buffer zones shall not be counted as part of the minimum open space. Such area may serve as passive areas and/or developed for recreational purposes such as pools, playground equipment, walking trails, or basketball and tennis courts.

(12)

Gable or hip roofs: Gable or hip roofs shall have a minimum roof pitch of 6:12. Both gable and hip roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall.

(13)

Other required standards:

a.

Principal structures within the MF district shall have a minimum of 50 percent finish product on the exterior walls of the buildings consisting of brick, stone, hard-coat stucco, or fiber cement siding.

b.

A metal panel exterior finish product shall not be allowed on metal buildings exceeding 150 square feet in gross floor area constructed or placed on lots within the MF district.

(Min. of 11-10-2016, § 7.4; Ord. No. 2021-0001, § 1C, 2-11-2021; Ord. No. 2024-0001, § 2, 3-14-2024)

(a)

Purpose. The O/I district is established primarily to encourage the development of office and institutional type uses.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the O/I district:

(1)

Minimum lot size: 15,000 square feet on sewer; if on septic, 26,000 square feet or greater as required by the county health department.

(2)

Minimum lot width at street right-of-way: 100 feet.

(3)

Front yard setback (from right-of-way): 40 feet.

(4)

Side yard setback (from property line): 20 feet.

(5)

Rear yard setback (from property line): 20 feet.

(6)

Maximum building and structure height: 35 feet.

(7)

Buffers: 25 feet when adjacent to a residential district; 50 feet when adjacent to residential district if O/I development exceeds 10,000 square feet.

(c)

Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in section 47-152.

(d)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(e)

Minimum area. All commercial and retail operations in the O/I district must occupy a structure of a minimum of 500 square feet. The total ground floor area of all structures on the lot shall not exceed 50 percent of the lot.

(f)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(Min. of 11-10-2016, § 7.5; Ord. No. 2019-0002, § 3, 3-14-2019)

(a)

Purpose. The C-1 district is established primarily to encourage the development of general commercial uses.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the C-1 district:

(1)

Minimum lot size: 15,000 square feet on sewer; if on septic, 26,000 square feet or greater as required by the county health department; or larger if required to meet buffers.

(2)

Minimum lot width at street right-of-way: 100 feet.

(3)

Front yard setback (from right-of-way): 40 feet.

(4)

Side yard setback (from property line): 20 feet.

(5)

Rear yard setback (from property line): 20 feet.

(6)

Maximum building and structure height: 35 feet.

(7)

Buffers: 50 feet when adjacent to residential districts.

(c)

Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in section 47-152.

(d)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(e)

Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setback shall be ten feet. If the property is abutting the same zoning district, side and rear setbacks shall be zero, but fire code regulations must still be met.

(f)

Building area. All commercial and retail operations in the C-1 district must occupy a structure of a minimum of 500 square feet.

(g)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(h)

Residential use. Residential use shall be permitted above commercial use of the structure as permitted by a special use permit.

(Min. of 11-10-2016, § 7.6; Ord. No. 2019-0002, § 3, 3-14-2019; Ord. No. 2023-0001, § 1, 4-13-2023)

(a)

Purpose. The C-2 district is established primarily to encourage general business development.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the C-2 district:

(1)

Minimum lot size: 15,000 square feet on sewer; if on septic, 26,000 square feet or greater as required by the county health department; or larger if required to meet buffers.

(2)

Minimum lot width at street right-of-way: 100 feet.

(3)

Front yard setback (from right-of-way): 40 feet.

(4)

Side yard setback (from property line): 20 feet.

(5)

Rear yard setback (from property line): 20 feet.

(6)

Maximum building and structure height: 50 feet.

(7)

Buffers: 50 feet when adjacent to residential districts.

(c)

Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in section 47-152.

(d)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(e)

Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setback shall be ten feet. If the property is abutting the same zoning district, side and rear setbacks shall be zero, but fire code regulations must still be met.

(f)

Building area. All commercial and retail operations in the C-2 district must occupy a structure of a minimum of 500 square feet.

(g)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(h)

Hotels at I-75 intersection. Hotels located within 0.5 miles of an I-75 interchange may exceed the height limitation upon a finding by the unified zoning board that the increased height will allow for the construction of a hotel that will be in the best interest of the city, in light of the standards for the exercise of the zoning power.

(Min. of 11-10-2016, § 7.7; Ord. No. 2019-0002, § 3, 3-14-2019)

(a)

Purpose. The IND-G district is established primarily to encourage the development of general industrial uses, as distinct from heavy industrial uses.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the IND-G district:

(1)

Minimum lot size: one acre, or as required to meet buffers.

(2)

Reserved.

(3)

Front yard setback (from right-of-way): 40 feet.

(4)

Side yard setback (from property line): 20 feet.

(5)

Rear yard setback (from property line): 20 feet.

(6)

Maximum building and structure height: 75 feet.

(7)

Buffers: 200 feet when adjacent to residential districts or O/I district, 50 feet when adjacent to the C-1 or C-2 district.

(c)

Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in section 47-152.

(d)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(e)

Building area. All industrial operations in the IND-G district must occupy a building or structure of a minimum of 800 square feet.

(f)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(Min. of 11-10-2016, § 7.8; Ord. No. 2019-0002, § 3, 3-14-2019; Ord. No. 2019-0009, § 2, 11-14-2019)

(a)

Purpose. The IND-H district is established primarily to encourage the development of heavy industrial uses, as distinct from general industrial uses.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the IND-H district:

(1)

Minimum lot size: one acre, or as required to meet buffers.

(2)

Reserved.

(3)

Front yard setback (from right-of-way): 40 feet.

(4)

Side yard setback (from property line): 20 feet.

(5)

Rear yard setback (from property line): 20 feet.

(6)

Maximum building and structure height: 75 feet.

(7)

Buffers: 500 feet when adjacent to residential districts or O/I district, 100 feet when adjacent to the C-1 or C-2 district, and 50 feet when adjacent to the IND-G district.

(c)

Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in section 47-152.

(d)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(e)

Building area. All industrial operations in the IND-H district must occupy a building or structure, of a minimum of 800 square feet.

(f)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted.

(Min. of 11-10-2016, § 7.9; Ord. No. 2019-0002, § 3, 3-14-2019; Ord. No. 2019-0009, § 2, 11-14-2019)

(a)

Purpose. The PUD district is established primarily to encourage the development of mixed use developments, containing both residential and commercial property. PUD is considered a residential district where residential uses are placed.

(b)

Area, yard, height and buffer requirements. The following requirements apply in the PUD district:

(1)

Minimum PUD size: two acres; minimum individual lot size, 7,500 square feet on sewer. Septic not allowed in PUD.

(2)

Minimum lot width at street right-of-way for individual lot: 50 feet, 25 feet on cul-de-sac.

(3)

Front yard setback for individual lot: 25 feet.

(4)

Side yard setback for individual lot: 11 feet.

(5)

Rear yard setback for individual lot: 25 feet.

(6)

External setback: 25 feet (i.e. all buildings to be at least 25 feet from external boundaries of PUD development).

(7)

Maximum building and structure height: 50 feet.

(8)

Buffers: buffers in PUD districts shall be set according to the zoning district that corresponds to the proposed use and density, and shall be determined at the time the PUD status is granted by rezoning.

(c)

Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on nonresidential buildings (e.g. church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article IX of this chapter.

(d)

Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet. Nonresidential accessory uses shall be set back at least 50 feet from the property line, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property, or as otherwise required by the community development director during the review process. Off-street parking/loading for all nonresidential uses shall be provided in accordance with the city development regulations.

(e)

Development plans. Development must be in accordance with the city development regulations. The engineering department should be consulted. Uses in this district are subject to special building code requirements, and the city building inspections department and the city building code ordinance should be consulted. Review of development plans, preliminary and final plats for PUDs shall be as provided in section 10-125 of this Code.

(f)

Location. A planned unit development district shall be located only in an area where public utilities are available. A PUD must be served by public water and sewer. Said district may consist of various residential dwellings, commercial or industrial sites or combinations thereof on lots of not less than 7,500 square feet developed as a unit. A PUD may consist of mixed use, single family or multifamily residential uses, as shown and approved on the PUD development plan.

(g)

Required information. The following shall be filed with the application for rezoning, in addition to any information otherwise required of all rezoning applications. Site plans are required to be filed, and the PUD must be conditioned to the site plan at the rezoning hearing. Concept plans with only general delineations of the location of lots and structures are unacceptable:

(1)

The proposed name of the PUD;

(2)

An aerial photograph of the area and vicinity;

(3)

A complete and accurate legal description of the proposed PUD property;

(4)

A tabulation of total acreage of the site designated for various uses, i.e. parking, structures, streets, parks, playgrounds and utilities;

(5)

A site plan showing all proposed lots in the PUD and proposed building densities (units per acre);

(6)

Proposed circulation pattern of the public streets and private driveways;

(7)

Parking layout which complies with the provisions of this chapter concerning off-street parking;

(8)

All access points to the same arterial streets to be located and which shall have been approved by the road department and/or the state department of transportation;

(9)

Detailed landscaping plans, including and designating types of buffer or landscape screens placed between abrupt changes of land uses. Buffers shall be required consistent with the most comparable zoning district for the proposed uses;

(10)

Signage plan, showing all proposed signs (providing height, area, type and location) for commercial uses and businesses; and

(11)

Site plan showing a minimum of ten percent of the PUD shall be set aside and designated for recreational purposes (for example, parks, fields, playgrounds, walking trails, etc.). Parking lots, streets, setback areas, stormwater control measures, detention facilities, and so forth shall not count towards this requirement.

(h)

Time extension. Consideration of the application for a PUD shall be in accordance with the procedures set forth in article XIII of this chapter; provided, however, the applicant may request, at the time of filing the application, an extended presentation time. In that event, the application will automatically be placed last on the agendas of the unified zoning board and mayor and city council's public hearings for the date at which the application is to be presented, or the community development director may set a special hearing date to consider the same.

(i)

Compliance. Except as otherwise expressly provided herein, the PUD shall comply with all the requirements of this chapter. Where an applicant seeks a variance in conjunction with PUD approval, such request shall be considered by the unified zoning board and city council, but otherwise subject to the restrictions on the grant of a variance provided in section 47-330.

(j)

Abandonment. Whenever the developer or owner of an approved planned unit development has not broken ground on the development within one year of the mayor and council's approval of the plan, the plan shall be deemed abandoned and shall require resubmittal and approval subject to the terms of this chapter before any further land disturbance activities may take place or any further permits may be issued. Whenever the developer has failed to break ground on a phase of a planned unit development for three years from the date of the plan's approval, the plan shall be deemed abandoned as to that phase and shall require resubmittal and approval subject to the terms of this chapter as to that phase before land disturbance activities may occur in the phase or further development permits in the phase may issue.

(Min. of 11-10-2016, § 7.10; Ord. No. 2019-0002, § 4, 3-14-2019; Ord. No. 2021-0001, § 1D, 2-11-2021; Ord. No. 2025-0001, § 1, 1-9-2025)

The following Table of Permitted Uses is hereby adopted. No principal use shall be established on any property unless it is shown as permitted, by right or subject to special use approval, for the applicable zoning district on the Table of Permitted Uses. A "P" on the Table of Permitted Uses means that the listed use is permitted in the particular zoning classification. An "S" on the Table of Permitted Uses means that the use is permitted in the particular zoning district as a special use.

Table of Permitted Uses

(Min. of 11-10-2016, § 7.11; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2019-0002, §§ 5, 6, 3-14-2019; Ord. No. 2019-0009, § 5, 11-14-2019; Ord. No. 2019-0011, § 1, 1-9-2020; Ord. No. 2020-0002, § 1, 5-14-2020; Ord. No. 2021-0002, § 1, 3-11-2021; Ord. No. 2021-0004, § 2B, 7-15-2021; Ord. No. 2022-0007, § 1, 11-10-2022; Ord. No. 2025-0005, § 1, 7-17-2025)

(a)

Purpose and intent.

(1)

Attractive and integrated architectural and site design features tend to improve an area's image, raise overall property values, attract new businesses and residents, and improve the quality of life. There is a positive return on investment for providing attractive design features, for both government and property owners, and can provide similar enhancements to public safety, community health, and well-being.

(2)

This section establishes an overlay district for a defined area in the historic downtown area of the city consistent with the downtown development area for the purposes of controlling land uses, setting standards and requirements for development, and providing for improved architecture and site design.

(b)

Map of overlay district boundaries. The map entitled "Downtown Development Area Overlay District," which is hereby made a part of this chapter, is hereby adopted.

(c)

Application and relationship to zoning districts. As to properties within the bounds of the Downtown Development Area Overlay District, this article establishes regulations that are in addition to the regulations of the underlying zoning district. Zonings districts established by this chapter, and as shown on the official zoning map, shall continue to apply in the overlay district, except as specifically modified by this section. This article imposes more restrictions on land uses within the overlay district than the rights conferred by underlying zoning and more land development standards than are applied outside the overlay district.

(d)

Regulation of uses.

(1)

Restrictions: Notwithstanding the permitted uses and special uses sections of the zoning districts established in this chapter, the following uses as defined shall not be permitted within the overlay district boundaries:

a.

Vapor shops, not including cigar bars.

b.

Tattoo or piercing parlors.

c.

Massage parlors.

d.

Pawn shops.

e.

Gas stations.

f.

Group homes, intermediate care, nursing homes and personal care homes.

g.

Animal hospitals, veterinarians and kennels.

h.

Drive-in restaurants.

i.

Drive-in theatres.

j.

Launderette or washateria.

k.

Ambulance or emergency service.

l.

Auto part and tire stores/automobile, construction, and commercial vehicle dealers (including rental).

m.

Automobile washateria.

n.

Sale and storage of building supplies and materials.

o.

Campground/RV park.

p.

Cemetery.

q.

College or university with dormitories.

r.

Motels.

s.

Convenience store.

t.

Motor vehicle impound lot.

u.

Wholesale and warehousing operation.

v.

Electrical appliance and equipment sales and repair.

w.

Feed, seed, insecticides, and fertilizer retail sales.

x.

Motorized racetracks.

y.

Pest control, storage and materials.

z.

Plumbing shop, other contractor, including open storage of materials when located in the rear setback.

aa.

Repair garage; paint and body shop.

bb.

Self-storage facilities.

cc.

Shell home display yards.

dd.

Taxi services.

ee.

Truck stop.

(2)

Land uses that are not permitted by this section, but which lawfully existed at the time this overlay district was first made effective, may continue to exist but shall be considered nonconforming uses subject to the provisions of this chapter pertaining to nonconforming uses.

(e)

Residential uses. Notwithstanding the provisions of the Table of Permitted Uses, on lots zoned C-1 or C-2 in the downtown overlay district, residential use of property shall be allowed subject to the following criteria:

(1)

Single-family residential use consistent with these provisions shall be permitted by right; multifamily use shall be permitted by special use permit;

(2)

Residential use shall be permitted on the second story above ground level of the structure only; and

(3)

At least 50 percent of the ground floor of the structure shall be leasable commercial space not used for parking or self-service storage.

(f)

Design guidelines. To ensure that the properties within the overlay district have a harmonious outward appearance consistent with the historic nature of the downtown district, the following design guidelines shall apply:

(1)

Signs may not be illuminated except that each principal structure may have one internally-illuminated or neon window sign not exceeding three square feet in area.

(2)

A frame, sandwich type sidewalk or curb signs are allowed to be placed in front of the business, but shall not block the sidewalk and must be taken in at close of business.

(3)

Swinging or projecting signs are allowed to be placed on businesses, as long as they do not impair pedestrian traffic.

(4)

Facade easements requiring design approval have been recorded for many of the properties in the downtown development area; owners and occupants are advised to consult the public records prior to beginning any modifications to building facades. No owner or occupant may modify a structure or property in violation of the recorded facade easement.

(5)

Size limitations on signs in DDA. In addition to the requirements of this chapter pertaining to signs, no wall sign shall be more than two feet tall or wider than three quarters of the width of the wall upon which the sign is mounted.

(6)

Fabric or banner signs shall only be permitted to be displayed on a total of 60 days in any calendar year, and no more than 30 consecutive days at one time.

(Min. of 11-10-2016, § 7.12; Ord. No. 2018-0001, § 3, 4-12-2018; Ord. No. 2023-0002, § 1, 5-11-2023)