Altoona City Zoning Code

   The A-1 Agricultural District is intended and designed to provide for certain agricultural and undeveloped areas of the City now utilized primarily for agricultural purposes and to prevent the establishment of scattered small lot subdivisions which force the extension of urban services into areas more appropriately suited for non-urban development at the present time.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the A-1 District.

      A.   Agriculture and usual agricultural buildings and structures, but not including commercial livestock feed lots, poultry farms, grain storage, and drying facilities.

      B.   One-family dwellings, to include manufactured homes and family homes.

         (1)   Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. “Manufactured home” means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.

         (2)   Family homes, a community based residential home which is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.

      C.   Churches.

      D.   Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk Public School System, but excluding boarding schools, nursery schools, and childcare centers provided that all principal buildings are set back a minimum of 75 feet from all property lines.

      E.   Publicly owned parks, playgrounds, golf courses, and recreation areas.

      F.   Private non-commercial recreational areas and centers including country clubs, swimming pools, golf courses, and riding stables.

      G.   Cemeteries, including mausoleums.

      H.   Nurseries, greenhouses, and truck gardens.

      I.   Public water supply and sewage treatment facilities.

      J.   Electrical and liquefied product transmission and regulating facilities.

   2.   Permitted Accessory Uses.

      A.   Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

      C.   TV dish antennas, see Section 167.11.

      D.   Home occupations, see Section 167.15.

   3.   Permitted Conditional Uses.

      A.   Home occupations which do not meet the requirements set forth in Section 167.15. A Conditional Use Permit must be applied for and received from the Board of Adjustment for any such home occupation.

      B.   Communication towers (freestanding type), see Section 167.12.

      C.   Communication towers (building-supported type), see Section 167.13.

      D.   Wind Energy Conversion Systems (WECS), see Section 167.14.

      E.   Bed and breakfast.

   4.   Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 167.07.

      A.   Lot area, dwellings - one acre; no minimum required for other permitted uses.

      B.   Minimum Floor Area. Single-story dwellings - 1,150 square feet on the first finished floor; if two or more stories, 1,350 square feet total finished space, not including basement.

      C.   Lot width - 150 feet.

      D.   Front yard - 75 feet.

      E.   Side yards - dwellings - 10 feet. Residential-type accessory buildings (as described and defined in Section 167.04) - three feet. Other permitted uses - 50 feet on each side; unless otherwise indicated herein.

      F.   Rear yard - residential-type accessory buildings (as described and defined in Section 167.04) - three feet. All other structures - 50 feet.

      G.   Maximum height - principal building - 35 feet; accessory building - 14 feet.

      H.   Maximum number of stories - principal building – two and one-half stories; accessory building - one story. Accessory buildings for allowed agricultural uses - no limit.

 

   The R-1 District is intended and designed to provide for certain low-density residential areas of the City now developed primarily with one-family detached dwellings and areas where similar residential development seems likely to occur.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the R-1 District.

      A.   One-Family Dwellings, to Include Manufactured Homes In Accordance with the Following Definitions. Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. Manufactured home means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.

      B.   Churches, cathedrals, temples, and similar places of worship, provided that all principal buildings be set back a minimum of 50 feet from all property lines.

      C.   Museums, libraries, parks and playgrounds, community centers, and similar uses operated by the City.

      D.   Golf courses, country clubs, tennis courts, and similar recreational uses, provided that any such use be not operated primarily for commercial gain.

      E.   Private plant nurseries and greenhouses not exceeding 240 square feet of floor area and not involving retail or wholesale sales.

      F.   Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk Public School System, but excluding boarding schools, nursery schools, and childcare centers, provided that all principal buildings are set back a minimum of 50 feet from all property lines.

   2.   Permitted Accessory Uses.

      A.   Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

      C.   Residential swimming pools when enclosed by a non-climbable barrier at least four feet in height.

      D.   TV dish antennas in accordance with Section 167.11.

   3.   Permitted Conditional Uses.

      A.   Home Occupations. A Conditional Use Permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15.

      B.   Family Homes. A family home is a community based residential home that is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.

      C.   Communication towers (freestanding type), see Section 167.12.

      D.   Communication towers of the building-supported type, see Section 167.13.

      E.   Wind Energy Conversion Systems (WECS), see Section 167.14.

      F.   Bed and breakfast.

      G.   Model Home. Shall not be operated at any time other than between the hours of 9:00 a.m. to 7:00 p.m. on Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sunday. These hours may be reduced by the Board of Adjustment as a condition of an approved Conditional Use Permit. This use does not include offices for contractors, which are not allowed in residential zoning districts. A model home Certificate of Occupancy is required for the term of the conditional use. A Conditional Use Permit for a model home may be allowed for up to an 18-month period.

   4.   Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 167.07.

      A.   Minimum lot area - 8,750 square feet, 20,000 square feet where public sewer is not available.

      B.   Minimum floor area - single-story dwellings - 1,150 square feet on the first finished floor; if two or more stories, 1,350 square feet total finished space, not including basement.

      C.   Lot width - 70 feet; 85 feet for corner lots; 100 feet where public sewer is not available. Minimum lot width at right-of-way line of 40 feet.

      D.   Front yard - 30 feet; 50 feet for permitted uses other than single-family.

      E.   Side yards - 8 feet each side for single-family dwellings; 3 feet for any other accessory building; 50 feet for permitted uses other than single-family.

      F.   Rear yard - 35 feet for dwellings, and 3 feet for accessory buildings; 50 feet for permitted uses other than single-family.

      G.   Maximum height - principal building - 35 feet; accessory building - 14 feet.

      H.   Maximum number of stories - principal building - 2½ stories; accessory building - 1 story.

      I.   Accessory buildings - maximum area for accessory garage - 1,000 square feet; maximum area for yard shed - 160 square feet.

 

   5.   Off Street parking and loading - see Chapter 167.

   The R-2 District is intended and designed for certain medium density residential areas of the City now developed with one-family and two-family dwellings, and areas where similar residential development seems likely to occur.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the R-2 District.

      A.   One-family dwellings, to include manufactured homes and family homes in accordance with the following definition: Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. Manufactured home means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.

      B.   Two-family dwellings.

      C.   Alterations and conversions of single-family dwellings into two-family dwellings in accordance with the lot area, frontage, and yard requirements as set forth in this section and the fire separation provisions of the Building Code.

      D.   Churches, cathedrals, temples, and similar places of worship, provided that all principal buildings be set back a minimum of 50 feet from all property lines.

      E.   Museums, libraries, parks and playgrounds, community centers and similar uses operated by the City.

      F.   Golf courses, country clubs, tennis courts, and similar recreational uses, provided that any such use be not operated primarily for commercial gain.

      G.   Private plant nurseries and greenhouses not exceeding 240 square feet of floor area and not involving retail or wholesale sales.

      H.   Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk Public School System, but excluding boarding schools, nursery schools, and childcare centers, provided that all principal buildings are set back a minimum of 50 feet from all property lines.

   2.   Permitted Accessory Uses.

      A.   Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

      C.   Residential swimming pools when enclosed by a non-climbable barrier at least four feet in height.

      D.   TV dish antennas in accordance with Chapter 167.11.

      E.   Signs in accordance with Chapter 159.

   3.   Permitted Conditional Uses.

      A.   Home Occupations. A Conditional Use Permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15.

      B.   Family Homes. A family home is a community based residential home that is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.

      C.   Communication towers (freestanding type), see Section 167.12.

      D.   Communication towers (building-supported type), see Section 167.13.

      E.   Wind Energy Conversion Systems (WECS), see section 167.14.

      F.   Bed and breakfast.

      G.   Model Home. Shall not be operated at any time other than between the hours of 9:00 a.m. to 7:00 p.m. on Monday thru Saturday and 12:00 p.m. to 5:00 p.m. on Sunday. These hours may be reduced by the Board of Adjustment as a condition of an approved Conditional Use Permit. This use does not include offices for contractors, which are not allowed in residential zoning districts. A model home Certificate of Occupancy is required for the term of the conditional use. A Conditional Use Permit for a model home may be allowed for up to an 18-month period.

   4.   Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 167.07.

      A.   Lot area - single-family dwelling - 8,750 square feet; two-family dwelling - 10,500 square feet; without public sewer - 20,000 square feet.

      B.   Minimum floor area - single-story dwellings - single-family - 1,150 square feet; two-family - 900 square feet per unit; if building is two or more stories, minimum total finished space, not including basement, 1,350 square feet for single-family and 1,150 square feet for two-family.

      C.   Lot width - single-family dwelling - 70 feet; two-family dwelling - 85 feet; corner lot - 85 feet; without public sewer - 100 feet.

      D.   Front yard - dwelling - 30 feet. All other principal uses - 50 feet.

      E.   Side yards - eight feet each side for dwelling; three feet for any accessory building. All other principal uses - 50 feet.

      F.   Rear yard - dwelling - 35 feet. All other principal uses - 50 feet.

      G.   Maximum height - principal building - 35 feet; accessory building - 14 feet.

      H.   Maximum number of stories - principal building – two and one-half stories; accessory building - one story.

 

   5.   Off Street Parking and Loading. See Chapter 167.

   The R-3 District is intended and designed to provide for certain medium density residential areas of the City now developed with one-family, two-family, and multiple-family dwellings, and areas where similar residential development seems likely to occur.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the “R-3” District.

      A.   One-family dwellings, to include manufactured homes and family homes in accordance with the following definitions:

         (1)   Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. Manufactured home means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.

         (2)   Family homes, a community based residential home which is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.

      B.   Two-family dwellings.

      C.   Multiple-family dwellings, including row housing, cooperative apartment houses, and condominium units. Maximum of six units per row.

      D.   Alterations and conversions of single-family dwellings into two-family dwellings in accordance with the lot area, frontage, and yard requirements as set forth in this section and the fire separation provisions of the Building Code.

      E.   Churches, cathedrals, temples, and similar places of worship, provided that all principal buildings be set back a minimum of 50 feet from all property lines.

      F.   Museums, libraries, parks and playgrounds, community centers, and similar uses operated by the City.

      G.   Golf courses, country clubs, tennis courts, and similar recreational uses, provided that any such use be not operated primarily for commercial gain.

      H.   Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk Public School System, but excluding boarding schools, nursery schools, and childcare centers, provided that all principal buildings are set back a minimum of 50 feet from all property lines.

      I.   Zero lot line dwellings, including semi-detached duplex and townhomes, of not more than six units in a continuous row.

      J.   Nursing, convalescent, and retirement homes.

      K.   Childcare centers and nursery schools.

   2.   Permitted Accessory Uses.

      A.   Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

      C.   Swimming pools when enclosed by a non-climbable barrier at least six feet in height, and residential swimming pools when enclosed by a non-climbable barrier at least four feet in height.

      D.   Private plant nurseries and greenhouses not exceeding 240 square feet of floor area and not involving retail or wholesale sales.

      E.   TV dish antennas in accordance with Chapter 167.11.

      F.   Accessory uses in the R-3 District are exempt from the size limitations contained in Section 167.04

      G.   Signs in accordance with Chapter 159.

   3.   Permitted Conditional Uses.

      A.   Home Occupations. A Conditional Use Permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15.

      B.   Communication towers (freestanding type), see Section 167.12.

      C.   Communication towers (building-supported type), see Section 167.13.

      D.   Wind Energy Conversion Systems (WECS), see section 167.14.

      E.   Bed and breakfast.

      F.   Model Home. Shall not be operated at any time other than between the hours of 9:00 a.m. to 7:00 p.m. on Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sunday. These hours may be reduced by the Board of Adjustment as a condition of an approved Conditional Use Permit. This use does not include offices for contractors, which are not allowed in residential zoning districts. A model home Certificate of Occupancy is required for the term of the conditional use. A Conditional Use Permit for a model home may be allowed for up to an 18-month period.

   4.   Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 167.07.

      A.   Minimum lot area - 9,000 square feet.

      B.   Maximum density - 20 dwelling units per acre.

      C.   Minimum floor area - single-story dwellings - single-family - 1,150 square feet; two-family - 900 square feet per unit; if building is two or more stories, minimum total finished space not including basement, 1,350 square feet for single-family and 1,150 square feet for two-family; multiple-family – no living space requirements.

      D.   Lot width - single-family - 70 feet; two-family - 85 feet; multi-family - 85 feet; corner lot - 85 feet.

      E.   Front yard - single-family and two-family - 30 feet; all other uses - 50 feet..

      F.   Side yards - single-family and two-family – eight feet on each side; multiple-family - 11 feet on each side; other principal permitted uses - 50 feet.

      G.   Rear yard - single-family and two-family - 35 feet; other principal permitted uses - 50 feet.

      H.   Maximum height - principal building - 45 feet; accessory building - 14 feet.

      I.   Maximum number of stories - principal building - three stories; accessory building - one story.

      J.   Additional requirements for multi-family dwellings:

         (1)   Site Plan submittal per Section 171.01.

         (2)   Twenty percent open space as a minimum.

         (3)   Landscaping per Sections 167.10 and 171.02.

         (4)   Public improvements per City specifications.

         (5)   Public streets and utilities required for townhomes.

         (6)   Private drives, parking, and utilities allowed for condominiums.

         (7)   Thirty-foot buffer where adjacent to single-family or two-family residential.

         (8)   Multi-family dwellings only permitted on platted lots of record.

 

   5.   Off Street Parking and Loading. See Chapter 167.

   6.   Zero Lot Line Requirements. Townhomes, condominiums, and semi-detached duplexes, cooperatives, or any other form of attached real property transfer which utilize shared walls as part of the structure shall conform with the following requirements:

      A.   Covenants must be submitted which address all legal implications associated with shared walls.

      B.   Prior to construction, a registered land surveyor shall precisely stake the location of the structures. Verification shall be submitted to the building department prior to receiving a building permit.

      C.   Filing Requirements.

         (1)   Townhomes or any shared wall units where the property is transferred is subject to the following: Prior to filing or recording any documents relating to townhome ownership with the State or County officers, the declarant shall file with the City the townhome instruments, including any Declaration of Covenants and Restrictions, Articles of Incorporation, and By-Laws.

         (2)   Condominiums or any shared wall units where the property is not transferred is subject to the following: Prior to filing or recording any documents relating to townhome ownership with the State or County officers, the declarant shall file with the City the condominium instruments including the Declaration of Covenants and Restrictions, By-Laws, Plats, and Condominium Disclosure Statement or Articles of Cooperation.

   The R-4 District is intended to provide for certain medium density residential areas of the City which, by reason of their design and location, are suitable for mobile home development and which are compatible with surrounding residential areas. For this section only, the term “park” shall refer to the entire mobile home park area and the term “lot” shall refer to an individual mobile home stall rented within the park.

   1.   Principal Permitted Uses. Mobile home parks, in accordance with regulations of the State and minimum requirements contained herein, but not including mobile home sales and display areas. No part of any park shall be used for non-residential purposes except such uses that are required for the direct servicing and well-being of park residents, such as a community building, and for the management and maintenance of the park. This shall in no way prohibit the sale by a resident owner of a mobile home located on a mobile home stand and connected to the pertinent utilities.

   2.   Accessory Uses.

      A.   Accessory uses may include common facility service buildings which provide laundry facilities, accessory supplies, vending machines, etc.; also park management buildings, maintenance buildings, community buildings, and other uses of a similar nature. All such buildings shall be located within the central park area, shall be restricted to the use of the park occupants and shall be subject to approval of the Council.

      B.   Signs in accordance with Chapter 159.

   3.   Plan Submittal. Each petition for a change to the R-4 zoning classification shall be accompanied by a sketch plan. The sketch plan shall show each mobile home space, the water, electrical, and sewer lines serving each mobile home space, the location of garbage receptacles, water hydrants, service buildings, driveways, walkways, recreation areas, playgrounds, required yards, existing and proposed grading, parking facilities, storm shelter, lighting, landscaping, and the location of existing trees, buildings, or other significant features. Prior to development, a Site Plan must be submitted. The Site Plan will be considered by the Planning and Zoning Commission and the Council, who may approve or disapprove the plan or require such changes thereto as deemed necessary. The Site Plan shall be accompanied by a covenant to run with the land, in favor of the City and all persons having a possessory interest in any portion of the mobile home park, that the owner or owners of the park, or their successors in interest, will maintain all interior streets, parking areas, sidewalks, and plantings in compliance with City ordinances and the Site Plan as approved by the Council, which covenant shall be recorded in the office of the County Recorder.

   4.   Bulk Requirements. (See Figure K.)

      A.   Minimum Park Area. A proposed mobile home park shall have a minimum area of five acres.

      B.   Maximum Park Density. The maximum density allowed for the gross development area shall be seven mobile home units per gross acre.

      C.   Park Setbacks. A mobile home park shall have a perimeter yard setback of not less than 35 feet. No part of any mobile home lot shall be located in the perimeter setback. In addition, no part of any mobile home lot shall be located closer than 75 feet to any public street upon which the park adjoins. Interior park streets may be located within the setback areas.

      D.   Minimum Lot Area. Each individual mobile home lot shall contain not less than 5,000 square feet in area with a minimum depth of 100 feet.

      E.   Front Yard. Each lot shall have a front yard not less than 20 feet in depth measured from the edge of the surfaced private street to the closest point of the lower face of the mobile home.

      F.   Side Yard. Side yards of each individual mobile home lot shall not be less than seven feet for mobile homes.

      G.   Rear Yard. Rear yards of each individual mobile home lot shall not be less than 10 feet for mobile homes.

      H.   Open Space. A minimum of 250 square feet for each lot shall be provided for one or more open spaces which shall be easily accessible to all park residents. The required yards and setbacks, including the perimeter setback, shall not be computed as part of the required open space area. An open space is defined as land which is specifically set aside for leisure or recreational uses.

      I.   Height Regulations. Maximum height of 20 feet for mobile or modular homes; 35 feet for service buildings, park offices, maintenance buildings, community buildings, and storm shelters; 14 feet for accessory buildings such as garages.

      J.   Accessory Buildings. Maximum area for accessory garage - 1,000 square feet; maximum area for yard shed - 160 square feet.

 

Figure K

   The R-5 District is intended and designed to provide a means for the development of large tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this Zoning Code. It is the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the sound zoning standards as set forth in this Zoning Code and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved. Planned Unit Developments shall be permitted on any five acre or larger tract of land that has been zoned or rezoned for P.U.D. purposes by the Council.

   1.   Principal Permitted Uses. Buildings and permitted conditional uses shall be used only for residential purposes; occupant garages, occupant storage space, and similar accessory uses; non-commercial recreational facilities, and community activities, including churches and schools, with the following exception; on a tract of land in excess of 80 acres or more, up to five percent of the total net area may be developed for commercial uses such as those found in the C-1 classification district. The following is a description of permitted uses:

      A.   One-family dwellings, to include manufactured homes in accordance with the following definition: Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. Manufactured home means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.

      B.   Two-family dwellings.

      C.   Multiple-family dwellings, including row housing cooperative apartment houses and condominium units.

      D.   Churches, cathedrals, temples, and similar places of worship, provided that all principal buildings be set back a minimum of 50 feet from all property lines.

      E.   Museums, libraries, parks and playgrounds, community centers, and similar uses operated by the City.

      F.   Golf courses, country clubs, tennis courts, and similar recreational uses, provided that any such use not be operated primarily for commercial gain.

      G.   Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk Public School System, but excluding boarding schools, nursery schools, and childcare centers, provided that all principal buildings are set back a minimum of 50 feet from all property lines.

      H.   Any use that is approved and made a part of the Development Plan, subject to any conditions attached thereto, shall be permitted.

   2.   Permitted Accessory Uses.

      A.   Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

      C.   Swimming pools when enclosed by a non-climbable barrier at least six feet in height, and residential swimming pools when enclosed by a non-climbable barrier at least four feet in height.

      D.   TV dish antennas in accordance with Chapter 167.11.

   3.   Permitted Conditional Uses.

      A.   Home Occupations. A Conditional Use Permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15.

      B.   Communication towers (freestanding type), see Section 167.12.

      C.   Communication towers of the building-supported type, see Section 167.13.

      D.   Wind Energy Conversion Systems (WECS), see Section 167.14.

      E.   Model Home. Shall not be operated at any time, other than between the hours of 9:00 a.m. to 7:00 p.m. on Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sunday. These hours may be reduced by the Board of Adjustment as a condition of an approved Conditional Use Permit. This use does not include offices for contractors, which are not allowed in residential zoning districts. A model home Certificate of Occupancy is required for the term of the conditional use. A Conditional Use Permit for a model home may be allowed for up to an 18-month period.

   4.   Bulk Regulations. Although a P.U.D. is intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this chapter. Height, setback, bulk, and other requirements set out in the Development Plan shall constitute the basis for and become the zoning requirement for that particular P.U.D., provided that refinements may be made through final plan approval, if not defined as a substantial modification. In addition, the following minimum requirements shall be observed.

      A.   The minimum lot and yard requirements of the original zoning designation of the development need not apply. The Council may require open space or screenings be located along all or a portion of the development boundaries.

      B.   The height requirements of the zoning district directly adjacent to the development boundary shall apply within 125 feet of the development boundary and land.

      C.   All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.

      D.   “Common land”, as referred to in this section, refers to the land retained in private ownership for the use of all residents of the development, or to land dedicated to the general public.

      E.   Any land gained within the development because of the reduction in lot sizes below minimum Zoning Code requirements shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowner’s association.

      F.   The requirements of this Zoning Code relating to off-street parking and loading shall apply to all R-5 Districts.

      G.   The final plan shall comply with the density requirements set forth in the Development Plan, but shall in no case exceed 20 units per acre.

      H.   Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, required open space, screening, and transitional elements and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the P.U.D., unless the City concurs this is the most feasible means of developing the property in terms of access, sewer service, or similar physical constraints, or will permit earlier development of common amenities.

      I.   Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space, setbacks, landscaping and screening, grading, traffic circulation, and architectural compatibility. It is the intent of this chapter to recognize that appropriate use of the design techniques will provide the require mitigation, and thereby eliminate the need for certain conventional regulations or standards. As examples and not requirements: orienting views, access, and principal activities away from the land use needing protection, placing those least compatible activities farthest from the common boundary and those most compatible nearest, can create an effective buffer; setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing the differences in architecture and mass, and reducing heat, and dense landscaping can reduce the width of physical separation needed for such purposes; proper grading will control drainage, can alter views and subdue sound, and channel access; fences, walls, and berms will channel access and control visual, sound, and light pollution; proper architectural use of color, bulk, materials, and shape will enhance compatibility and reduce contrast, although details added to the building for aesthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrian ways, streets, and points of congestion and safety hazards, and help prevent introduction of noise, pollutants, and other conflicts into areas with less intensive land use. Other techniques may also be used.

      J.   There shall be a minimum setback of 20 feet for any garage whose opening faces the street.

      K.   Permanent care and maintenance of open space, recreation amenities, and other common elements shall be provided in a legally binding form. Any of these items, not dedicated to the City or held in single ownership, will require the submittal of proposed bylaws of a homeowner’s association fully defining the functions, responsibilities, and operating procedures of the association. The applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed;

         (1)   Membership shall be mandatory for each home buyer and any successive buyer.

         (2)   The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate except by approval of both the homeowners’ association and the City.

         (3)   The homeowners’ association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

         (4)   Homeowners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property.

         (5)   The association shall be able to adjust the assessment to meet changes as needed.

         (6)   No change in open space use or dissolution of homeowners’ association shall occur without approval by the City.

         (7)   Additionally, the proposed bylaws shall include, but not be limited to, the following provisions:

            a.   Automatically extending membership in the association to all owners of dwelling units within the development;

            b.   Limiting the uses of the common property to those permitted by the final development;

            c.   Granting to each owner of a dwelling unit within the development the right to use and enjoyment of the common property;

            d.   Giving every owner of a dwelling unit voting rights in the association; and

            e.   If the development will combine rental and for-sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.

      L.   Private open space shall be provided adjacent and accessible to each dwelling consisting of balconies, deck, or yard. Required open space on the ground level shall generally have a minimum dimension of 15 feet and minimum area of 400 square feet, and one-half of the required area shall not exceed a slope of five percent. Private open space for dwelling units located entirely above the ground floor shall generally have a minimum dimension of six feet and minimum area of 60 square feet.

      M.   Performance bonds may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.

      N.   Except where the City agrees to other arrangements, a P.U.D. shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the P.U.D.

      O.   Covenants to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, verifying that the owner of the land, or successors in interest, will maintain all interior streets, parking areas, sidewalks, common land, parks, and plantings which have not been dedicated to the City in compliance with City ordinances.

      P.   Any additional agreements required by the Council at the time of Development Plan approval.

      Q.   A final plat shall be submitted for each phase of the final plan. The subdivider shall also submit a site plan for that part of the final plan that is multi-family or commercial, per the Site Plan Ordinance. (See Chapter 171).

      R.   Signs in accordance with Chapter 159.

      S.   Basement Required. A basement, containing the square footage of at least 60% of the dwelling’s habitable first story square footage at the time of original Building Permit approval, is required in all single-family detached dwellings. This section applies to all R-1, R-2, R-3, R-5 District lots within preliminary plats approved after January 1, 2026.

   5.   Procedure.

      A.   Pre-application Conferences. In order to eliminate unnecessary expenditures of time and money, the developer shall first schedule a pre-application conference with the Community Development Director, who shall involve representatives of other departments as deemed appropriate. The Community Development Director may require submittal of a generalized sketch plan providing such information as follows:

         (1)   Location and size of the overall site, and of the individual types of development of uses proposed within the site.

         (2)   Existing topography, indicating major earth-work areas, stormwater runoff and detention considerations, floodplains, and any problem areas.

         (3)   Existing tree masses and other geological and environmentally important characteristics.

         (4)   Generalized vehicular and pedestrian systems and parking areas.

         (5)   Generalized building locations.

         (6)   Approximate gross density, and number and types of dwelling units in accordance with the Comprehensive Plan; approximate gross floor areas of commercial land uses, where permitted.

         (7)   Generalized utility line considerations with sanitary sewer capacity limitations so noted.

         (8)   Generalized public and private ownership boundaries, including common ownership areas, if any.

         (9)   Generalized building locations for small P.U.D. proposals.

   The Department of Community Development shall have 15 days in which to review and comment on the pre-application sketch plan. Following the Department’s review, the developer may request an informal consideration of the proposal by the Planning and Zoning Commission. Said consideration shall be non-binding on either party.

      B.   Rezoning or Development Plan Application. Following the pre-application conference, the applicant shall submit a petition for rezoning in accordance with standard City procedures for rezonings, accompanied by a Development Plan and related documents, as described in Subsection 6.

         (1)   The petition and Development Plan shall be referred to the Planning and Zoning Commission for study and report, and for public hearing as required by this chapter for rezonings. The Planning and Zoning Commission shall review the Development Plan for conformity to the standards of this section, and may approve the Development Plan as submitted; require the petitioner to modify, alter, adjust, or amend the Development Plan as deemed necessary to preserve the intent and purpose of this section to promote public health, safety, morals, and general welfare; or recommend that it be denied. The action of the Planning and Zoning Commission shall be reported to the Council, where upon the Council may approve or disapprove the petition and Development Plan as reported or may require such changes thereto as deemed necessary to effectuate the intent and purpose of this chapter.

         (2)   The Department of Community Development shall schedule all required public hearings as soon as possible after all required information has been submitted. The Planning and Zoning Commission shall report their findings to the Council in a timely manner. In the event they fail to take action within 60 days after the date of public hearing, the petitioner or anyone located within the notification area as defined for rezonings may request in writing that the Planning and Zoning Commission complete their considerations. The Planning and Zoning Commission shall then take action within the next 30 days and report their findings to the Council for consideration by the Council, unless the Council expressly grants the Planning and Zoning Commission additional time to complete negotiations, studies, or other items as necessary.

         (1)   Final plans may cover all or part of the Planned Unit Development, provided that a final plan covering only a part of a P.U.D. is hereby defined as a phase irrespective of contrary provisions by the Development Plan and shall demonstrate the ability to be self-sustaining in terms of access, services, utilities, open space, economic viability, and other major consideration.

         (2)   If it is the desire of the petitioner, preliminary plat or final Site Plan approval may be obtained at the time of Development Plan approval by expressly declaring such intent and filing all information required by the subdivision and site planning ordinances. Final Site Plan approval shall not be granted for an unplatted parcel unless an accurate property survey is also filed as part of the preliminary plat, if a plat is required, or as a certified property survey in the event a plat is not required.

         (3)   The final plan shall include proposed housing, types of housing, locations, density, building clearances, and documents, per the bulk requirements section of this chapter, so that the Planning and Zoning Commission and Council can adequately review all aspects of the proposed P.U.D.

         (4)   Upon approval of final plans, building permits shall be issued in the same manner as for building permits generally. In any event where platting is required, no building permits shall be issued until the final plat is approved and recorded and all other requirements complied with. Final plans shall be binding on the petitioner, and any and all successors in title, so long as P.U.D. zoning applies to the land, unless amended in accordance with the procedures set forth.

      D.   Amendments or Modifications. Substantial modifications to the Master Plan shall be processed in the same manner as a rezoning and additionally shall comply with the application process for a P.U.D. as set forth in this chapter. Notice and public hearing requirements, and the effect of a denial shall be the same as for rezoning, provided that the notification area shall be those property owners proximate to the parcel covered by the amendment, as opposed to the entire P.U.D.

   Further provided that, in the event a requested amendment for a portion of the entire P.U.D. is denied, such action shall not create any limitations under rezoning procedure on the filling of an amendment to another portion of the P.U.D. having a substantially different notification area. Any ambiguities or disputes between this section and procedures for rezonings shall be resolved in favor of the more restrictive requirements.

         (1)   Substantial modifications are hereby defined to include, but are not limited to, the following: increased density; intensification of use by changing to a higher classification, with conventional single-family being the lowest classification and progressing to attached single-family, multiple-family, public facilities or uses, approved conditional uses, commercial (where permitted); addition of uses, or elimination of conditions or restrictions on a use or uses; increased floor area ratios, or other modifications considered probable to generate increased traffic, sewage, waste consumption, or other detrimental conditions; significant modifications to peripheral buffering or screening, setbacks, height, location of buildings, drives, or other improvements, which were intended for protection of proximate properties, provided that substitution of equivalent screening materials shall not be considered a substantial modification; modifications to the street pattern, such as that of major streets or continuations of existing streets which will have a demonstrable impact on traffic flow such as to effectively change the functional classification of the street; modifications to access which may lead to increased congestion, or to additional commercial or industrial traffic on a local residential street; or other changes deemed substantial by the Director of Community Development.

         (2)   Modifications to final plans shall follow the procedures of the site planning or subdivision ordinances, as appropriate, except in the case of a substantial modification as defined above.

   6.   Information Required on the Development Plan Application. The following information, plans, and maps shall be submitted as part of the application for a Planned Unit Development:

      A.   Names, addresses, and telephone numbers of owners, developer, and designer; name of development, date, north point, and scale;

      B.   Legal description of the P.U.D., and map of the boundary of the proposed P.U.D. as well as interior boundaries of proposed development phases, and of any existing separate ownerships;

      C.   Sufficient information on adjacent properties to indicate relationships to the proposed development, including such information as land divisions, land use, pedestrian and vehicular circulation, significant natural features or physical improvements, and drainage pattern;

      D.   Existing site conditions including contours at intervals sufficient to indicate topographic conditions (generally two feet), drainage ways and 100 year floodplains, floodways, heavy woods, or other significant natural areas, and existing structures;

      E.   General locations of proposed lots and attached residential, multiple family, commercial (where permitted), recreational facilities; further delineating areas with different uses or building types, and gross density per acre;

      F.   General location and size of areas to be dedicated or reserved for common open space, park, schools, recreation area, and similar uses, and how any private facilities are proposed to be maintained;

      G.   Existing and proposed general circulation systems, including streets, pedestrian ways, major off-street parking and loading areas, and major points of access;

      H.   Existing and proposed general sanitary and storm sewer systems, water mains, and drainageways;

      I.   Proposed development standards, including uses, density, floor area ratios for non-residential developments, lot areas and widths, setbacks, and exceptions or variances from general requirements of zoning and other ordinances;

      J.   Sewer usage computations in accordance with the criteria of the sewer district;

      K.   Treatment of transitional zones around the perimeter of the project for protection of adjoining properties, including setbacks and buffer areas, landscaping, fences, or other screening, height limitations, or other provisions;

      L.   A narrative or graphic explanation of the planning and design concepts and objectives the owner intends to follow in implementing the proposed development, including a description of the character of the proposed development; the rationale behind the assumptions and choices made; the compatibility with the surrounding area; and design considerations for architecture, engineering, landscaping, open space, and so forth;

      M.   A statement of intent with regard to selling or leasing all or portions of the proposed development;

      N.   Proposed energy conservation methods, such as siting or design of structures; and

      O.   Proposed phasing timetable.

   The Director may require any additional information which may be needed to evaluate the proposed P.U.D. on the basis of special or unforeseen circumstances, or may waive any of the above requirements if it is found that such information is unnecessary to properly evaluate the proposed P.U.D.

   The above information should be shown in a clear and logical manner in a legible scale. Sheet size should not exceed 36 inches by 48 inches. Generally, existing conditions should be illustrated on a separate sheet for the sake of clarity, although existing topography, access, utility, and sewer lines and other items that are appropriate for understanding the proposal should also appear on the proposed Development Plan. It is strongly recommended that an architect, landscape architect, and civil engineer be employed to prepare the plans.

   7.   Referral to Council. The Final Plan and required documents shall be reviewed by the Planning and Zoning Commission for compliance with the R-5 District standards and substantial compliance with the Development Plan. The Planning and Zoning Commission’s recommendations and report on the Final Plan shall be referred to the Council for final approval. The Final Plan, consisting of a final subdivision plat or site plan shall be approved by the Council before any building permit is issued.

   8.   Contingent Approval. The Council may make the approval of the Development Plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the Development Plan, unless an extension as recommended by the Planning and Zoning Commission and approved by the Council for due cause is shown. Any proposed change in the Development Plan, after approval by the Counci,l shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved” property shall mean all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.

   9.   Continuing to Second and Subsequent Stages. In no event shall the installation of any infrastructure improvements be commenced in the second or subsequent stages of the final Development Plan until such time as 90 percent of all improvements have been completed and approved by the City for any prior stage. In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the Department of Community Development. The Director shall review the circumstances and prepare report recommending appropriate action to be taken concerning the P.U.D.

   The Planning and Zoning Commission and Council shall review the matter, and may continue the P.U.D. zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue the P.U.D. zoning for part of the area, with or without revised time limits, and initiate rezoning or the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than that applied immediately prior to the rezoning to P.U.D. except after comprehensive planning analysis. The Planning and Zoning Commission and Council may schedule such public hearings as deemed appropriate. Approval of a final Site Plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of Site Plan approval, and a Final Plat approved within one year after the date of preliminary plat approval in the event a Site Plan is not required. Failure to comply with this provision shall void the Site Plan and preliminary plat approvals, and make the P.U.D. subject to review as provided above. It shall be the responsibility of the developer to comply with all prescribed time limits without notice from the City.

   10.   Zoning Density of R-5 Districts. The zoning density of R-5 Districts shall be determined by the Planning and Zoning Commission recommendation as approved, or amended, or finally passed by the Council; and the density shall be established and interpreted by the administration of the Zoning Code upon the basis of the plan for the overall development of the tract as the plan is approved and filed with the Council on final passage. In determining the density of the R-5 District, it shall be considered what the zoning is of adjoining property and the use of adjoining property and density of adjoining property; however, this policy shall not be binding on the Council in setting the final density for the R-5 District zoned properties. In no case shall an average density be approved which exceeds 20 dwelling units per acre. Each parcel of real estate that is zoned R-5 District must have its density determined on the merits of each case. Any real estate zoned R-5 District prior to the enactment of the ordinance codified herein shall be bound by the density that is shown in the plans as accepted and approved by the Council for the development of said real estate.

   The C-1 District is intended and designed to provide space for limited professional, retail, and service activities which serve adjacent residential areas with reasonable proximity for the satisfaction of daily consumer needs.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the C-1 District.

      A.   Residential uses, if attached to a permitted commercial use. Residential units not permitted on first floor of structure.

      B.   Hospitals, clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession.

      C.   Business and professional offices including the following: law, engineering, real estate, insurance, and similar uses.

      D.   Funeral homes or mortuaries.

      E.   Personal service businesses such as beauty and barber shops, shoe repair, and similar uses.

      F.   Retail business or service establishments, such as the following:

         (1)   Clothes cleaning and laundry pickup stations.

         (2)   Drug stores.

         (3)   Gift shops.

         (4)   Photographic studios.

         (5)   Post office substations.

         (6)   Movie rental.

         (7)   Combinations of the above uses.

   2.   Permitted Accessory Uses.

      A.   Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Signs in accordance with Chapter 159.

      C.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      D.   TV dish antennas in accordance with Chapter 167.11.

   3.   Permitted Conditional Uses.

      A.   Home Occupations. A Conditional Use Permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15.

      B.   Wind Energy Conversion Systems (WECS), see section 167.14.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Minimum lot area - 9,000 square feet.

      B.   Maximum density - 10 units per acre.

      C.   Lot width - commercial uses - no minimum; commercial with attached dwelling units - 85 feet; corner lots - 85 feet; no public sanitary sewer - 100 feet.

      D.   Front yard - 30 feet.

      E.   Side yards - 11 feet on each side for principal building; four feet for accessory buildings.

      F.   Rear yard - 40 feet, and three feet for accessory buildings.

      G.   Maximum height - principal building - 35 feet; accessory building - 14 feet.

      H.   Maximum number of stories - principal building - two and one-half stories; accessory building - one story.

      I.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

   The C-2 District is designed to provide space for the general retail and professional office uses and efficient development of major retail shopping areas (other than shopping centers in the C-3 District). The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile traveling consumer. Since such areas will be along major entrances to the City and heavily traveled arterial streets, it is essential to maintain an aesthetically pleasing appearance through proper design, site layout, and landscaping, and to minimize interference with through traffic.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted.

      A.   Retail or service such as the following:

         (1)   Antique shops.

         (2)   Apparel shops.

         (3)   Art shops.

         (4)   Auto and home supply stores.

         (5)   Automotive service stations.

         (6)   Baby and children’s stores.

         (7)   Bakeries and baker outlets - retail sales only.

         (8)   Bicycle shops, sales, and repairs.

         (9)   Book stores.

         (10)   Camera stores.

         (11)   Car washes.

         (12)   Clubs and lodges.

         (13)   Collection office of public utility.

         (14)   Confectionery stores, including ice cream or snack bars.

         (15)   Consumer retail uses, personal services, or business.

         (16)   Convenience or quick stop stores.

         (17)   Dairy stores - retail only.

         (18)   Dance studios.

         (19)   Delicatessens.

         (20)   Dry goods stores.

         (21)   Florist shops and greenhouses.

         (22)   Funeral homes.

         (23)   Furniture stores.

         (24)   Grocery stores including supermarkets.

         (25)   Hardware stores.

         (26)   Hobby shops.

         (27)   Hotels and motels.

         (28)   Household appliances - sales and repair.

         (29)   Jewelry stores and watch repair shops.

         (30)   Key shops.

         (31)   Launderettes; dry-cleaning or pressing establishments.

         (32)   Leather goods store.

         (33)   Meat market for storage and retail sales only.

         (34)   Medical, dental, osteopathic, and clinics.

         (35)   Music stores.

         (36)   Music studios.

         (37)   Paint and wallpaper stores.

         (38)   Plumbing, heating, and air conditioning shops.

         (39)   Printing shops.

         (40)   Professional offices.

         (41)   Public buildings and utilities, including administrative and sales office, equipment storage buildings, and enclosed storage.

         (42)   Radio and television sales and repair shops.

         (43)   Real estate, insurance, and financial institutions.

         (44)   Refrigeration and air conditioning service and repair, electrical.

         (45)   Restaurants, nightclubs, cafes, taverns.

         (46)   Shoe and hat repair shops.

         (47)   Tailor and dressmaking shops.

         (48)   Toy stores.

         (49)   Variety stores.

         (50)   Veterinarian clinics or hospitals, including overnight boarding and lodging.

      B.   Combinations of the above uses.

   2.   Permitted Accessory Uses and Structures.

      A.   Uses of land and or structures clearly subordinate and customarily incidental to the principal uses, including storage of merchandise and preparation of certain products, shall be permitted subject to the standards set forth in Subsection 5.

      B.   Signs in accordance with Chapter 159.

      C.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      D.   TV dish antennas in accordance with Section 167.11.

      E.   Storage of merchandise incidental to the principal use, but not to exceed 40 percent of the floor area utilized for such use.

      F.   Automotive fuel sales as an accessory use to convenience stores or quick stop stores, and automotive service stations.

   3.   Permitted Conditional Uses.

      A.   Light manufacturing, assembly, or treatment of articles or merchandise from the following previously prepared material: canvas, cellophane, cloth, fiber, glass, leather, paper, clay, plastic, precious or semiprecious metals, textiles, and yarn, provided that the entire operation is conducted within a building and that no raw materials or manufactured products are stored outside the building and, further providing, that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emissions of dust, fumes, gas, odor, or smoke.

      B.   Wind Energy Conversion Systems (WECS), see Section 167.14.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Lot area – none.

      B.   Front yard - 50 feet.

      C.   Side yard - none except where side yard is adjacent to an R District, in which case a buffer yard shall be provided. (See Section 168.08(5)(F)).

      D.   Rear yard - 25 feet.

      E.   Maximum height - 65 feet.

      F.   Maximum Number of Stories - 4.

      G.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

      H.   Off-street parking and loading - see Chapter 167.

      A.   Outdoor activities shall be limited to display of merchandise for retail sale and storage, provided that such storage shall be fully enclosed and screened from view from adjacent streets and residentially zoned parcels by a six-foot high masonry fence supplemented by coniferous plantings as necessary to further screen such storage; further provided, that no display or storage shall be permitted in the required front yard unless expressly allowed.

      B.   Certain products such as bakery goods may be produced on the premises provided that:

         (1)   Such production shall be clearly accessory to the retail use of the premises;

         (2)   All such products shall be sold at retail on the premises on which they are produced, provided that such provision shall not be construed to prohibit operation of a catering service or limited wholesale of goods produced and clearly accessory to the retail use of the premises.

      C.   No noise, vibration, hazard, glare, air pollutants, such as fumes or dust odor other than that which might originate from food preparation by a bakery or restaurant, or electromagnetic disturbances shall be generated.

      D.   The intent of this section is to discourage large scale wholesale operations; therefore, bulk shipments and deliveries. Goods and products sold at wholesale shall be subordinate to and clearly accessory to retail use of the premise.

      E.   All refuse collection areas shall be fully enclosed by a six-foot high structure constructed of the same primary material as the exterior of the principal building and an opaque gate.

      F.   Where property zoned C-2 District is adjacent to any property zoned for residential use, a buffer shall be provided by any one or approved combination of the following options:

         (1)   A buffer yard of 15 feet in width; one six-foot high masonry wall to be designed with face brick, stucco, or similar finished surface facing toward the residential district; or

         (2)   A buffer yard of 26 feet or more in width; four-foot high earth berm; and five overstory trees, 10 understory trees, and 20 shrubs for each 100 lineal feet; or

         (3)   A buffer yard 35 feet or more in width; six-foot high opaque wood fence; and four overstory trees, six coniferous trees, and 15 shrubs for each 100 lineal feet.

The buffer yard shall be located on the entire common perimeter of the contrasting uses, and extend to the lot lines. No part of any required buffer shall be used for parking, storage, loading, active recreation, locating refuse containers, or similar activity which may create a nuisance. Where a residentially zoned area has been subdivided, the developer of a vacant commercial property shall be responsible for providing the buffer; where the commercial buildings exist or are under construction, the developer of a vacant residential area shall provide the buffer.

      G.   For those properties in nonconformance with this chapter, refer to Chapter 166.

   The C-3 District is intended to provide for the development of shopping centers. For the purposes of this section, the term “shopping center” means a planned retail and service area under single ownership, management, or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the comprehensive plan for the development of the City, extensive authority over their development is retained by the Council and the Planning and Zoning Commission. Many matters relating to the shopping center’s design, its potential for success or failure, and its effect upon surrounding neighborhoods must be considered by the Council and Planning and Zoning Commission in order to be reasonably assured that the area will not eventually become blighted. It is further intended that, in the event of an applicant’s failure to construct a shopping center in accordance with a reasonable time schedule, the Council shall enact the necessary legislation to reclassify the area to another classification consistent with the surrounding neighborhood. Such action would also, because of the reduction in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use.

   1.   Procedures. The owner or owners of any tract of land comprising an area of not less than five acres may submit to the Council a petition requesting a change to the C-3 zoning district classification. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purposes of meeting the requirements of this section and by evidence of the feasibility of the project and its effects on surrounding property, including each of the following:

      A.   A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, type or style of architecture, building material, color, or other significant feature.

      B.   An analysis of market conditions in the area to be served, including types and amount of service needed and general economic justification.

      C.   A traffic analysis of the vicinity indicating the effect of the proposed shopping center on the adjacent streets.

      D.   A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this section.

   The Development Plan shall be referred to the Planning and Zoning Commission for study and report. The Planning and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning, and landscape architecture. The Planning and Zoning Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Planning and Zoning Commission deems necessary to the end that it preserve the intent and purpose of this Zoning Code to promote public health, safety, morals, and general welfare. The Development Plan as approved by the Planning and Zoning Commission shall then be reported to the Council, whereupon the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this Zoning Code.

   2.   Principal Permitted Uses. Uses permitted in the C-3 District shall include only the uses of structures or land listed in this section, provided however, the Council may consider any additional restrictions proposed by the owner.

      A.   Retail or service establishments such as the following:

         (1)   Antique shops.

         (2)   Apparel shops.

         (3)   Art shops.

         (4)   Auto and home supply stores.

         (5)   Baby and children’s stores.

         (6)   Bakeries and baker outlets - retail sales only.

         (7)   Bicycle shops, sales, and repairs.

         (8)   Book stores.

         (9)   Camera stores.

         (10)   Car washes.

         (11)   Cinema or movie theater.

         (12)   Clubs and lodges.

         (13)   Collection office of public utility.

         (14)   Confectionery stores, including ice cream or snack bars.

         (15)   Consumer retail uses, personal services, or business.

         (16)   Convenience or quick stop stores.

         (17)   Dairy stores - retail only.

         (18)   Dance studios.

         (19)   Delicatessens.

         (20)   Drug stores.

         (21)   Dry goods stores.

         (22)   Florist shops and greenhouses.

         (23)   Furniture stores.

         (24)   Gas stations.

         (25)   Gift shops.

         (26)   Grocery stores including supermarkets.

         (27)   Hardware stores.

         (28)   Hobby shops.

         (29)   Hotels and motels.

         (30)   Household appliances - sales and repair.

         (31)   Jewelry stores and watch repair shops.

         (32)   Key shops.

         (33)   Launderettes; coin-operated dry-cleaning establishments; and dry-cleaning or pressing establishments.

         (34)   Leather goods store.

         (35)   Meat market for storage and retail sales only.

         (36)   Music stores.

         (37)   Music studios.

         (38)   Paint and wallpaper stores.

         (39)   Printing shops.

         (40)   Professional offices.

         (41)   Public buildings and utilities, including administrative and sales office, equipment storage buildings, and enclosed storage.

         (42)   Radio and television sales and repair shops.

         (43)   Real estate, insurance, and financial institutions.

         (44)   Restaurants, nightclubs, cafes, taverns.

         (45)   Shoe and hat repair shops.

         (46)   Tailor and dressmaking shops

         (47)   Toy stores

         (48)   Variety stores

      B.   Business and professional offices including the following: law, engineering, real estate, insurance, and similar uses.

      C.   Hospitals, clinics, group medical centers, or the office of a doctor, dentist, osteopath, or similar profession.

      D.   Photographic studios.

      E.   Personal service businesses such as beauty and barber shops, shoe repair, and similar uses.

      F.   Post office substations.

      G.   Combinations of the above uses.

   3.   Permitted Accessory Uses.

      A.   Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Signs in accordance with Chapter 159.

      C.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      D.   TV dish antennas in accordance with Chapter 167.11.

      E.   Storage of merchandise incidental to the principal use, but not to exceed 40 percent of the floor area utilized for such use.

   4.   Bulk Regulations. The bulk regulations of the C-2 District shall be considered minimum for the C-3 District; however, it is expected that these minimums will be exceeded in all but exceptional situations. Buildings may be erected to heights no greater than 90 feet, with a maximum number of six stories.

   5.   Landscaping. A minimum of 15 percent of the area shall be returned as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

   6.   Signs. Signs in accordance with Chapter 159.

   7.   Off-street parking and loading - see Chapter 167.

   The C-4 District is intended to accommodate the variety of retail stores and related activities which occupy the prime area within the Central Business District. It is intended that this district not be mapped outside the original business core.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted.

      A.   Retail or service such as the following:

         (1)   Antique shops.

         (2)   Apparel shops.

         (3)   Art shops.

         (4)   Auto and home supply stores.

         (5)   Baby and children’s stores.

         (6)   Bakeries and baker outlets - retail sales only.

         (7)   Bicycle shops, sales, and repairs.

         (8)   Book stores.

         (9)   Camera stores.

         (10)   Car washes.

         (11)   Clubs and lodges.

         (12)   Collection office of public utility.

         (13)   Confectionery stores, including ice cream or snack bars.

         (14)   Consumer retail uses, personal services, or business.

         (15)   Dairy stores - retail only.

         (16)   Dance studios.

         (17)   Delicatessens.

         (18)   Dry goods stores.

         (19)   Florist shops and greenhouses.

         (20)   Funeral homes.

         (21)   Furniture stores.

         (22)   Grocery stores including supermarkets.

         (23)   Hardware stores.

         (24)   Hobby shops.

         (25)   Hotels and motels.

         (26)   Household appliances - sales and repair.

         (27)   Jewelry stores and watch repair shops.

         (28)   Key shops.

         (29)   Launderettes; coin-operated dry-cleaning establishments; and dry-cleaning or pressing establishments.

         (30)   Leather goods store.

         (31)   Meat market for storage and retail sales only.

         (32)   Medical, dental, osteopathic, and clinics.

         (33)   Music stores.

         (34)   Music studios.

         (35)   Paint and wallpaper stores.

         (36)   Plumbing, heating, and air conditioning shops.

         (37)   Printing shops.

         (38)   Professional offices.

         (39)   Public buildings and utilities, including administrative and sales office, equipment storage buildings, and enclosed storage.

         (40)   Radio and television sales and repair shops.

         (41)   Real estate, insurance, and financial institutions.

         (42)   Refrigeration and air conditioning service and repair, electrical.

         (43)   Restaurants, nightclubs, cafes, taverns.

         (44)   Shoe and hat repair shops.

         (45)   Tailor and dressmaking shops.

         (46)   Toy stores.

         (47)   Variety stores.

         (48)   Veterinarian clinics or hospitals, including overnight boarding and lodging.

      B.   Combinations of the above uses.

   2.   Permitted Accessory Uses.

      A.   Uses clearly subordinate and customarily incidental to the principal uses, including storage of merchandise and preparation of certain products, shall be permitted. Outside storage must be located in the rear yard and must be completely obstructed from view by means of an enclosure and landscaping, as required by Section 171.02.

      B.   Dwelling units, provided that said units are not located on the first floor and are conforming with the bulk requirements of this section.

      C.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      D.   Storage of merchandise incidental to the principal use, but not to exceed 40 percent of the floor area utilized for such use.

   3.   Permitted Conditional Uses.

      A.   Light manufacturing, assembly, or treatment of articles or merchandise from the following previously prepared material: canvas, cellophane, cloth, fiber, glass, leather, paper, clay, plastic, precious or semiprecious metals, textiles, and yarn, provided that the entire operation is conducted within a building and that no raw materials or manufactured products are stored outside the building other than for loading and unloading operations and further providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emissions of dust, fumes, gas, odor, or smoke.

      B.   Signs in accordance with Chapter 159.

      C.   Home occupations are not an allowed conditional use.

      D.   Contractors offices, including general contractors, plumbers, electricians, drywall, heating, ventilating, and air conditioning contractors, masons, painters, refrigeration contractors, roofing contractors, and other such construction occupations. All merchandise, materials, and equipment (other than street licensed vehicles) shall not be stored outside the building.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Lot area – none.

      B.   Front yard - none.

      C.   Side yard - none except where side yard is adjacent to an R District, in which case the yard shall be at least 15 feet.

      D.   Rear yard - none.

      E.   Maximum height - 65 feet.

      F.   Maximum number of stories - 4.

 

 

   5.   Performance Standards.

      A.   Have a maximum setback of 10 feet from the property line. Properties with two or more street frontages are exempt from this regulation.

      B.   The street side façade of the building shall incorporate 40 percent or more window area.

      C.   Buildings shall meet the Architectural Design Standards.

      D.   Buildings should frame the street and shall maintain minimal street setback for over 50 percent of its primary street frontage. Buildings with two or more street frontages are exempt from this regulation.

      E.   Commercial buildings with over 50 feet of frontage, the building wall shall be broken into bays with fenestration, structural elements, etc.

      F.   Off-Street Parking.

         (1)   Shared parking arrangements (e.g. office or apartment is allowed and encouraged).

         (2)   Minimum parking requirement as determined in Section 167.09 is now maximum allowed. On-street parking spaces may be counted in parking.

         (3)   No parking shall be allowed in front of the building, not including on-street parking.

         (4)   Tandem parking for employees is allowed.

      G.   Outdoor activities shall be limited to display of merchandise for retail sales only if such display is completely contained on the property, located in the front yard, and not on the public right-of-way.

   The purpose of the C-5 District is to provide areas for the development of primarily professional and administrative offices, and some service uses. It is intended that this district be mapped primarily along arterial or collector streets in new, developing areas to reduce, limit, and contain strip retail development which has a more dynamic character, thereby enhancing proper movement of traffic, with appropriate setbacks, landscaping, and architecture to make such development reasonably compatible with nearby residential.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted.

      A.   Office or service such as the following:

         (1)   Accounting, auditing, and bookkeeping services.

         (2)   Actuaries, chemists, and other miscellaneous services.

         (3)   Advertising agencies and radio, television, and publishers’ advertising representatives.

         (4)   Banking.

         (5)   Blood banks.

         (6)   Blueprinting and photocopying services.

         (7)   Business associations, professional membership associations, and other membership organizations.

         (8)   Civic, social, and fraternal associations.

         (9)   Commercial photography, art, and graphics

         (10)   Computer programming and other software services, and data processing services.

         (11)   Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies.

         (12)   Credit agencies other than banks.

         (13)   Engineering, architectural, and surveying services, including landscape architects.

         (14)   Insurance agents, brokers, and service.

         (15)   Insurance.

         (16)   Legal services.

         (17)   Management, consulting, and public relations services.

         (18)   Medical and dental laboratories.

         (19)   News syndicates.

         (20)   Noncommercial educational, scientific, and research organizations.

         (21)   Noncommercial museums and art galleries.

         (22)   Offices of manufacturers’ sales representatives, subject to no outside display or storage of stock in trade. Indoor storage and display limited to 10 percent of total floor area of building.

         (23)   Offices of physicians, dentists, osteopathic physicians, chiropractors, optometrists, and other health practitioners.

         (24)   Personnel supply services.

         (25)   Photographic studios, portrait.

         (26)   Political and religious organizations.

         (27)   Real estate.

         (28)   Security and commodity brokers, dealers, exchanges, services, holding, and other investment offices.

         (29)   Travel agencies and bureaus.

   2.   Permitted Accessory Uses.

      A.   Food and beverage services, cocktail lounges, apothecaries, barber shops or beauty salons, drafting or quick printing services, optical shop, recreational facilities primarily for use of employees, or similar uses shall be permitted where it can be demonstrated that the number of employees or clientele of the principal uses on the lot are sufficient to support such uses, subject to the following criteria in addition to all other requirements of this chapter:

         (1)   Such incidental or accessory use may be a separate tenant but shall be incorporated within the principal building and designed to serve the employees of the principal building or their clientele. Such use shall not have any direct access from the exterior, but shall access through a principal use or from a common enclosed mall or courtyard.

         (2)   Total area of all accessory uses shall not exceed 25 percent of the total floor area or gross leasable floor area of the building.

         (3)   No signage or merchandise shall be displayed where visible to the general public from outside the building.

      B.   Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      C.   Signs in accordance with Chapter 159.

      D.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      E.   TV dish antennas in accordance with Section 167.11.

   3.   Permitted Conditional Uses.

      A.   General medical and surgical hospitals.

      B.   Extended care, intermediate care, or rehabilitation or residential care nursing facilities.

      C.   Outpatient care facilities.

      D.   Colleges, universities, and professional schools, junior colleges, and technical institutes.

      E.   Business and secretarial schools.

      F.   Wind Energy Conversion Systems (WECS), see Section 167.14.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Minimum lot area - 20,000 square feet.

      B.   Minimum lot width - 100 feet.

      C.   Front yard setback - 50 feet.

      D.   Side yard setback - 15 feet, except where side yard is adjacent to an R District, in which case the yard shall be at least 50 feet.

      E.   Rear yard setback - 25 feet.

      F.   Maximum height - 65 feet

      G.   Maximum number of stories - 4

      H.   A minimum of 20 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

 

   5.   Performance Standards.

      A.   No stock in trade shall be stored or displayed outside nor shall any assembly or manufacturing activities be conducted on the premises.

      B.   Parking or loading areas located in the front yard or yard adjacent to a street shall be screened from observation by traffic on any and all public thoroughfares within 1,000 feet of such areas.

      C.   All refuse collection areas shall be fully enclosed by a six-foot high structure constructed of the same primary material as the exterior of the principal building and an opaque gate. Recycling facilities must be incorporated into the refuse collection area.

      D.   Where the lot abuts property zoned for residential uses, a 50-foot buffer shall be provided.

      E.   Lots directly abutting arterial streets shall not exceed one drive access onto each such arterial street except as provided below. Common drives between adjacent landowners shall be encouraged in lieu of individual drives, recommended to be located with the common property line as the centerline of the drive and required to be located a minimum of 125 feet from any other drive as measured from centerline to centerline. One additional drive access may be permitted for a lot with continuous frontage in excess of 300 feet, or two additional drive accesses for continuous frontage in excess of 600 feet, if proper spacing is provided.

   The C-6 District is intended to allow a variety of land uses comprised of services that have entertainment or recreational value serving local populations as well as regional. Lot development may vary from single-use or single-building to multiple-use or multi-building complexes. It is intended that this district be located in close proximity to Interstate 80 - concentrated in the northwest business district along Adventureland Drive. In the C-6 District, the following regulations shall apply, except as otherwise provided herein:

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted.

      A.   Entertainment or recreational uses such as the following:

         (1)   Amusement parks.

         (2)   Campgrounds.

         (3)   Casinos.

         (4)   Convention or conference centers.

         (5)   Horse racing facilities.

         (6)   Hotel or motels.

         (7)   Movie theaters.

         (8)   Restaurants.

   2.   Permitted Accessory Uses.

      A.   Multiple-family dwellings or dorms for seasonal personnel employed on-site.

      B.   Outdoor Events. The Council may grant permits for outdoor events such as athletic competitions, concerts, circus, theatrical programs (family oriented), or other entertainment or recreational activities that may not be found obtrusive to the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. This section is for events considered ancillary to, and not integral of the principle permitted uses outlined in Subsection 1. An outdoor event activity shall not be held within 500 feet of any residentially zoned property. Permit process: An application shall be submitted to the Clerk requesting an Outdoor Event Permit at least 45 days prior to the event date, but not more than 270 days prior. Information required for consideration will be:

         (1)   Date, time, and duration of event;

         (2)   Location map showing area designated for event;

         (3)   Detailed description of activities; and

         (4)   Estimated and maximum permitted attendees.

   The Council shall take into consideration recommendations from the City Administrator, Building Code Official, Public Works Director, Zoning Administrator, Police Chief, Fire Chief, or any other department supervisor in charge of municipal services, local ordinances, or any other applicable rules and regulations. The Council may also take into consideration public input or other information pertinent to the requested event.

   3.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07. Setback requirements are for all buildings as well as other structures anchored to the ground in a permanent or temporary fashion (excluding utilities).

      A.   Minimum lot area - 10 acres.

      B.   Minimum lot width - 300 feet.

      C.   Front yard - 150 feet if property fronts on or is adjacent to an arterial street or R District; 50 feet if property is located on a local service street (Prairie Meadows Drive is considered a local service street per this chapter).

      D.   Side yard - 50 feet for principal buildings, 10 feet for accessory buildings. If the side yard is adjacent to an R District, the setback shall be 100 feet.

      E.   Rear yard - 50 feet for principal buildings, 10 feet for accessory buildings. If the rear yard is adjacent to an R District, the setback shall be 100 feet.

      F.   Maximum height - no limit.

      G.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

      H.   Screening of a sufficient height and density to obscure structures and activities shall be erected at all locations immediately adjacent to an R District.

   4.   Signs. Signs in accordance with Chapter 159.

   5.   Off-Street Parking and Loading. Parking areas shall be located on the premises to adequately and conveniently serve the intended facilities. (See Chapter 167).

   The C-7 District is intended to provide aesthetically pleasing and harmoniously designed developments that serve a larger regional trade area that extends well beyond the City. Importance and detail is to be given as to the developments layout, architecture, streetscapes, landscaping, and public spaces. The C-7 District, as designated on the Comprehensive Plan land use map, provide commercial establishments that offer a variety of goods and services to consumers. The C-7 District is primarily intended for establishments that have a large customer draw (e.g. regional pull), generate significant traffic and parking need, and require close access to arterial (or higher functional class) streets. High intensity uses that include large structures and sites are encouraged, as is redevelopment and infill. The C-7 District is oriented primarily to automobile traffic, although the design shall also include adequate facilities for pedestrians, bicyclists, and public transit. The C-7 District is a Planned Unit Development Commercial District. A Development Plan shall be reviewed and approved by the Council. The Development Plan shall be characterized by a planned or concentrated grouping of buildings and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. Since regional commercial developments, whether large or small, have a significant effect upon the development of the City, extensive authority over their development is retained by the Council and the Planning and Zoning Commission. Many matters relating to the areas design, its potential for success or failure, and its effect upon surrounding neighborhoods must be considered by the Council and Planning and Zoning Commission in order to be reasonably assured that the area will not eventually become blighted.

   1.   Procedures. The owner or owners of any tract of land comprising an area of not less than 100 acres initially may submit to the Council a petition requesting a change to the C-7 District classification. Amendments may be allowed in as little as five-acre increments. The massing and clustering of similar and compatible uses shall be done to maximize and maintain synergy for maximum customer draw. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purposes of meeting the requirements of this section and by evidence of the feasibility of the project and its effects on surrounding property, including each of the following:

      A.   A Development Plan (also known as a Design Criteria Manual) defining the areas to be developed for buildings, the areas to be developed for parking, the design and location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, site and street lighting, type or style of architecture, building material, color, or other significant feature.

      B.   An analysis of market conditions in the area to be served, including types and amount of service needed and general economic justification.

      C.   A traffic analysis of the vicinity indicating the effect of the proposed shopping center on the adjacent streets.

      D.   A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this section.

      E.   A plan for phasing of the development is desired and necessary due to size.

   The Development Plan shall be referred to the Planning and Zoning Commission for study and report. The Planning and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning, and landscape architecture. The Planning and Zoning Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Planning and Zoning Commission deems necessary to the end that it preserve the intent and purpose of this Zoning Code to promote public health, safety, morals, and general welfare. The Development Plan, as either recommended for approval or denial by the Planning and Zoning Commission, shall then be reported to the Council, whereupon the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this Zoning Code.

   2.   Principal Permitted Uses. Uses permitted in the C-7 District shall include only the uses of structures or land listed in this section, provided however, the Council may consider any additional restrictions proposed by the owner.

      A.   Retail or service establishments such as the following:

         (1)   Apparel shops.

         (2)   Appliances, household and electronics.

         (3)   Art shops and art galleries.

         (4)   Baby and children’s stores.

         (5)   Bakeries and baker outlets - retail sales only.

         (6)   Bicycle shops, sales, and repairs.

         (7)   Book stores.

         (8)   Business and professional offices including the following: law, engineering, real estate, insurance, banks and credit unions (only FDIC or NCUA insured allowed), and similar uses.

         (9)   Camera stores.

         (10)   Cinemas or movie theater.

         (11)   Coffee shops – if stand alone, then structure shall be minimum 1,500 square feet in size.

         (12)   Confectionery stores, including ice cream or snack bars.

         (13)   Consumer retail uses, personal services, or business.

         (14)   Convenience or quick stop stores.

         (15)   Drug stores.

         (16)   Florist shops.

         (17)   Furniture stores.

         (18)   Gift shops.

         (19)   Hobby shops.

         (20)   Hotels and motels.

         (21)   Jewelry stores and watch repair shops.

         (22)   Leather goods store.

         (23)   Museums.

         (24)   Music stores.

         (25)   Natural or specialty food stores, including general grocery up to a maximum of 20,000 square feet of gross floor area.

         (26)   Paint and wallpaper stores.

         (27)   Photographic studios.

         (28)   Radio and television sales and repair shops.

         (29)   Restaurants, delicatessens, and cafes (drive through service only permitted if specifically outlined in the Development Plan).

         (30)   Shoe and hat repair shops.

         (31)   Tailor and dressmaking shops.

         (32)   Toy stores.

         (33)   Variety stores.

         (34)   Passenger vehicle sales and ancillary uses such as repair and service, provided that the parcel is the licensed principal place of business for a new motor vehicle dealership selling one or more new motor vehicle line-makes. Allowed vehicle sales is only for passenger vehicles with an unladen weight of 10,000 pounds or less and does not include boats, RV’s, trailers, farm machinery, construction equipment, or semi-tractors or trailers.

         (35)   Car washes.

         (36)   Combinations of the above uses.

   3.   Permitted Accessory Uses.

      A.   Uses of land or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.

      B.   Signs in accordance with Chapter 159 and as approved in the Development Plan.

      C.   Temporary buildings for uses incidental to construction work, said buildings shall be removed upon the completion of construction or abandonment of the construction site.

      D.   TV dish antennas in accordance with Chapter 167.11, except all dish antennas shall be roof-mounted and screened.

      E.   Interior storage of merchandise incidental to the principal use, but not to exceed 40 percent of the floor area utilized for such use.

      F.   Automatic Teller Machines (ATMs) if attached to or enclosed within a principal structure. No freestanding ATMs shall be allowed.

      G.   Outdoor Events. The Council may grant permits for outdoor events such as athletic competitions, concerts, circus, theatrical programs (family oriented), food vendors, sidewalk retailers (on private walks only), or other entertainment or recreational activities that may not be found obtrusive to the health, safety, and general welfare of persons residing or working in adjoining or surrounding property. This section is for events considered ancillary to and not integral of the principle permitted uses outlined in Subsection 2. An outdoor event activity shall not be held within 500 feet of any adjacent residentially zoned district. Permit process: An application shall be submitted to the Clerk requesting an Outdoor Event Permit at least 45 days prior to the event date, but not more than 270 days prior. Information required for consideration will be:

         (1)   Date, time, and duration of event;

         (2)   Location map showing area designated for event;

         (3)   Detailed description of activities; and

         (4)   Estimated and maximum permitted attendees.

   The Council shall take into consideration recommendations from the City Administrator, Building Code Official, Public Works Director, Zoning Administrator, Police Chief, Fire Chief, or any other department supervisor in charge of municipal services, local ordinances, or any other applicable rules and regulations. The Council may also take into consideration public input or other information pertinent to the requested event.

      H.   Automobile repair and service, and tire sales and service, provided that such facility is an accessory use to a retail store greater than 20,000 square feet in size.

      I.   Dwelling units, provided that said units are not located on the first floor and are conforming with the bulk requirements of this section.

   4.   Bulk Regulations. The bulk regulations of the C-7 District shall be considered minimum; however, it is expected that these minimums may be reduced or exceeded to meet the design intent of the development plan.

 

 

   5.   Off Street Parking and Loading. Parking lots containing 500 parking stalls or greater, designed using 90-degree head-in stalls, are allowed parking stall widths of a minimum of nine and one-half feet wide and 18 feet deep, regardless, even if overhang is present. (See Chapter 167).

   6.   Development Standards. At a minimum, the following items shall be addressed in the Development Plan:

      A.   Architecture. A common architectural style and theme shall be developed for the area. The buildings shall meet the architecture design standards of Chapter 171. All building elevations shall substantially incorporate elements of the common architecture style to be applied within the area.

      B.   Open Space or Landscaping.

         (1)   It is the intent for the area to be more than adequately landscaped and for a theme to be developed and described in the Development Plan. Complimentary materials shall be used.

         (2)   A minimum of 35 percent of the total site area of the C-7 District shall be open space and a minimum of 20 percent of each lot within the C-7 District shall be open space. The 35 percent is all inclusive and includes the parking area landscaping of islands and medians within parking area. Feature lakes, detention ponds, easements for public amenities, sidewalks within open areas, pedestrian plazas (if they include amenities such as benches, artwork, fountains, plantings, etc.), parking area landscaping and paved outdoor spaces (excluding parking lots) shall be counted towards open space requirements. Public right-of-way and boulevard median areas may be counted, but only to the extent and in such area as contain improvements and amenities such as benches, artwork, fountains, plantings, and hardscape greater than standard City practice. Pedestrian plazas and other common or shared paved pedestrian spaces may count at one and one-half times their area toward the 35 percent open space requirements. However, in the case of pedestrian plazas and other paved pedestrian spaces, such areas shall not count if dedicated as a patron use area for a specific business, e.g. outdoor seating for a restaurant.

         (3)   Trees and shrubs shall be provided at a minimum of one landscape unit per 3,000 square feet of open space with one landscape unit consisting of two trees and six shrubs or three trees and three shrubs. Up to 30 percent of the landscape units may be substituted with an alternative specialty plant material (such as drought resistant varieties which meet LEED principles), or appropriate three-dimensional artwork as approved within the Development Plan. There shall be a minimum of one landscape unit per building lot.

         (4)   Minimum plant material sizes shall meet the following minimum sizes:

            a.   Deciduous trees - one and one-half inch caliper.

            b.   Coniferous trees - six-foot height.

            c.   Shrubs - 24 inches height.

      C.   Signage. A master or common sign plan shall be submitted to encompass all signage within the development. The signs shall be in accordance with Chapter 159 and shall address design style, materials, colors, common elements, locations, etc. One regional commercial marker sign shall be allowed per development. This sign is approved with the Development Plan.

      D.   Outdoor Storage and Product Display. No outside storage of merchandise, materials, or equipment shall be allowed except as illustrated on the approved site plan and shall not block required pedestrian pathways, vehicular circulation routes, or parking areas, and shall not negatively impact public safety.

      E.   Bulk Regulations. Largely dependent upon the intended visitors, design of the area, and the layout of the development, there may be instances where the building setbacks are reduced or exceeded. Building scale will be an important element in this standard. Height of structures shall be addressed and the building scale and the route of access for customers shall be taken into account.

      F.   Cart Corrals. If cart corrals are necessary, they shall be permanent fixtures and constructed with materials similar to or complimentary of the principal structure, and shall not include any advertising signage.

      G.   Lighting. All lighting shall be directed downward, inward, and away from public rights-of-way and adjoining uses. All lighting shall be shielded so that the direct illumination shall be confined to the property boundaries and shall not spill off the property. Design of all fixtures shall be approved with the Development Plan. All site lighting shall be “dark sky” compliant. Spotlights and floodlights whose point source of light is visible to neighboring uses are prohibited except as specifically and individually approved for flag or artwork illumination. Exceptions may be allowed for wall sconce accent lighting.

      H.   Parking. Every permitted use shall provide off-street automobile parking and truck loading and unloading as required in Chapter 167. All parking lots shall be set back at least seven feet from any property line with the exception of neighboring properties where larger lots may be combined for better use of space.

      I.   Site Circulation. The emphasis of circulation shall be for maximum convenience and safety. Internal pedestrian site circulation shall provide safe pedestrian walkways that interconnect entrance doors of establishments, and connect to transit stops and to the public sidewalk along public streets. Amenities such as benches, sitting areas, art, public squares, and spaces shall be provided. Auto circulation shall utilize shared entrances and connections between parking lots to allow better internal flow of traffic and to limit use of public and private streets.

      J.   Loading Areas and Refuse Receptacles. Trash, recycling and grease receptacles, service area, and loading docks shall be screened from adjacent residential properties and public rights-of-way. The use of walls made part of the principal building shall be used. Refuse receptacles shall use an enclosed opaque visual barrier matching the principal building materials no lower than two feet above the highest point of the receptacles. The enclosure shall also be screened. Screening may include landscaping, walls, fences, topographic changes, or any combination thereof. Overhead doors and loading docks shall be located at the functional rear of the building and shall not be visible directly from development entrances, arterial or collector street. Overhead doors may be permitted on the front of a building consistent with passenger vehicle sales and service as set forth in Section 168.13(2)(A)(34).

      K.   Convenience Stores. The façade or roof of the gas canopy shall match the architectural style of the principal building and Development Plan of the area. The canopy shall be located outside of a front yard. The canopy posts shall be wrapped with similar materials to the principal building. All pump stations shall be located within the roof support system of the canopy and be architecturally screened. Canopy lighting shall be flush mounted.

      L.   Parking Area Landscaping and Buffers. Parking areas shall be effectively landscaped and screened with the introduction of permanent earth berming of an adequate height or additional landscape plantings to accomplish this goal. All landscaping, shading trees, and open space used as parking area landscaping shall also count towards the 20 percent lot open space and 35 percent open space requirements.

         (1)   All parking areas shall include landscape areas, islands, screens, etc. equal to not less than 10 percent of the total paved area. Landscaped islands within the parking area shall have ground cover of grass (i.e. sod), shrubs, or other acceptable living plant life, unless an alternate ground cover is specifically approved as part of the Development Plan review by the City.

         (2)   Landscape islands shall not be less on average than a minimum of eight feet in width from back of curb to back of curb and no parking space shall be greater than 75 feet from a landscaped open space with a minimum of 250 square feet.

         (3)   Parking spaces shall be screened and separated from any adjoining roadway by a landscaped island separation a minimum seven feet in width. Acceptable screens shall consist of berms, hedges, trees, shrubs, stone, or rock groupings, sculptures, ornamental grasses or alternative plant materials, and combinations thereof. The screen shall be a minimum semi-opaque screen with intermittent visual obstruction from the ground to a height of three feet.

         (4)   Parking areas shall be required to provide natural shading, through the use of deciduous trees, in an amount equal to eight percent of the parking area. Overstory trees used for this purpose shall be presumed to shade a circular area covering 650 square feet. Understory trees shall be presumed to shade a circular area covering 475 square feet. Trees located within 20 feet of the perimeter of the parking area shall count for one-half of the shading area for the corresponding tree.

   The M-1 District is intended and designed to provide for increased flexibility in the location of certain manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected industries of a non-nuisance character to locate in areas within reasonable proximity of residential uses. The M-1 District is characterized by large lots, with landscaped grounds and ample provision for off-street parking and loading spaces, and structures not more than two stories in height. Generation of noise within the M-1 District, up to and including 65 decibels, in connection with the conducting of business for a permitted use within that district shall be permitted and shall not be considered a nuisance. Generation of noise from power generators in excess of 65 decibels shall be permitted during emergency circumstances, such as power outages, and shall also be permitted for the purposes of testing and maintenance of said power generators and generation of such noise shall not be considered a nuisance.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the M-1 District, provided, however, that all manufacturing, assembling, compounding, processing, packaging, or other comparable treatment, including storage of any and all materials and equipment shall take place within completely enclosed buildings, except for parked motor vehicles and off-street parking and loading as required by Sections 167.08 and 167.09. No dwelling or dwelling unit is permitted except for those employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them. In addition, all open areas not used for off-street parking or loading shall be planted with grass, shrubs, and trees, properly maintained, and kept free from refuse and debris.

      A.   Assembly of small electrical appliances, small industrial and electronic instruments and devices, radios, phonographs and television sets, including the manufacture of small accessory parts only, such as coils, condensers, transformers, crystal holders, and similar products.

      B.   Automotive and farm implement display, sales, service, and repair, including retail automotive fuel sales.

      C.   Boat dealers.

      D.   Body repair shops, including painting.

      E.   Commercial trade schools.

      F.   Compounding and packaging of drugs, pharmaceuticals, cosmetics, perfumes, and toiletries.

      G.   Laboratories; research, experimental, and testing.

      H.   Manufacturing, assembling, compounding, processing, packaging, or other comparable treatment of the following:

         (1)   Bakery goods, candy, and food products except the following:

            a.   Cereals.

            b.   Dairy Products.

            c.   Fish and meat processing.

            d.   Flour milling (production).

            e.   Rendering or refining of fats and oils.

            f.   Sauerkraut.

            g.   Stock feed.

            h.   Vinegar.

            i.   Yeast.

         (2)   Cameras and other photographic equipment.

         (3)   Electric and neon signs, outdoor advertising signs.

         (4)   Medical, dental, and drafting instruments.

         (5)   Musical instruments, toys, novelties, and rubber and metal hand stamps.

         (6)   Pottery and other ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

         (7)   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, rope, cord, twine, cardboard, feathers, felt, fiber, fur, glass, hair, horn, leather, metal pipe, rods, strips or wire, paper, plastics, precious and semi-precious metals or stones, rubber (natural and synthetic), shells, textiles, tobacco, wax, wood, and yarns, provided that the entire operation is conducted within a building and that no raw materials or manufactured products are stored outside the building other than for loading and unloading operations, and further providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emissions of dust, fumes, gas, odor, or smoke.

         (8)   Small precision instruments, such as barometers, clocks, watches, and compasses.

         (9)   Manufacture or assembly of computers and computer-related hardware.

      I.   Beverage bottling, distribution, and warehousing facilities.

      J.   Contractors offices and storage buildings (not including outside storage yards); including general contractors, plumbers, electricians, heating, ventilating, and air conditioning contractors, masons, painters, refrigeration contractors, roofing contractors, and other such construction occupations.

      K.   Data center.

      L.   Dry cleaning and laundry facilities.

      M.   Ice production, storage, sales, and distribution facilities. Cold storage facilities; creamery, and ice cream manufacturing.

      N.   Lumberyards and building materials sales yards, provided that outside storage not be located in the front yard and that it is opaquely screened from view.

      O.   Machine shops.

      P.   Mail order and distribution centers.

      Q.   Motor vehicle dealers - new and used.

      R.   Motorcycle dealers and snowmobiles.

      S.   Office buildings.

      T.   Office warehouses.

      U.   Printing, lithographing, or film processing plants.

      V.   Public utility facilities.

      W.   Publicly owned storage, warehouse, and maintenance facilities.

      X.   Radio and television broadcasting stations and studios.

      Y.   Recreational and utility trailer dealers.

      Z.   Sawmill and planing mill, including manufacture of wood products not involving chemical treatment.

      AA.   Tire vulcanizing, retreading recapping, service, and sales.

      BB.   Truck rental establishments.

      CC.   Truck terminals, delivery services, moving and storage facilities, and truck maintenance facilities.

      DD.   Warehouses for storage of merchandise or material in connection with the uses permitted in this district only.

   2.   Permitted Accessory Uses.

      A.   Accessory uses of land or structures customarily incidental and subordinate to any of the above principal uses.

      B.   Dwellings for watchman or caretaker.

      C.   Employee cafeteria or other food concession in conjunction with permitted use.

      D.   Signs in accordance with Chapter 159.

      E.   TV dish antennas and communication towers in accordance with Section 167.11.

      F.   Retail food sales such as confectionery stores - including ice cream or snack bars, delicatessens, or restaurants for consumption on-site or carryout.

      G.   Solar Energy Systems and fuel cell generators used to generate power for onsite use.

   3.   Permitted Conditional Uses.

      A.   Outside storage yards, accessory or principal in use, and provided that they are fenced and screened in their entirety such that no materials stored are visible from the street or another property.

      B.   Public detention and correctional institutions, including penal institutions, residential correction facilities, medical detention facilities, or other similar facilities provided they are located at least 500 feet from any residential use.

      C.   Home occupations are not an allowed conditional use.

      D.   Indoor sports and recreation facilities.

      E.   Wind Energy Conversion Systems (WECS) for on-site use, see Section 167.14.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Front yard - 50 feet from all streets or public ingress or egress easements.

      B.   Side yard - 20 feet; provided that where adjacent to an R or C-1 District, a side yard of 25 feet shall be required.

      C.   Rear yard - 50 feet.

      D.   Maximum height - 65 feet.

      E.   Maximum number of stories - 4.

      F.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

      G.   Screening of a sufficient height and density to obscure structures and activities shall be erected at all locations where an Industrial M District is immediately adjacent to a Residential R District.

 

   The M-1A District is intended to define areas for activities and produce flex spaces for uses of general retail, professional office, and limited light industrial. This allows selected businesses and industries of a non-nuisance character to locate in areas in general proximity to residential uses but also where access to commercial corridors is important. These buildings are generally thought of as having a commercial front and an industrial back where loading docks and overhead service doors are common. The development has architectural character with well landscaped areas, and where uses, materials, and storage are entirely enclosed within the buildings, except for parked motor vehicles and licensed trailers parked in the immediate vicinity of the service doors and loading areas.

   1.   Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the M-1A District, provided, however, that all manufacturing, assembling, compounding, processing, packaging, or other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings, except for parked motor vehicles and off-street parking and loading as required by Sections 167.08 and 167.09 and parked licensed trailers in the vicinity of loading docks and service doors. In addition, all open areas not used for off-street parking or loading shall be planted with grass, shrubs, and trees, properly maintained, and kept free from refuse and debris.

      A.   Assembly of small electrical appliances, small industrial and electronic instruments and devices, radios, phonographs and television sets, including the manufacture of small accessory parts only, such as coils, condensers, transformers, crystal holders, and similar products.

      B.   Watercraft with indoor display and storage only.

      C.   Automotive secondary service uses including the sale and installation of after-market vehicle accessories, windshield repair, dent removal, detailing and the installation, repair, and maintenance associated with other vehicle secondary services.

      D.   Commercial trade schools.

      E.   Compounding and packaging of drugs, pharmaceuticals, cosmetics, perfumes, and toiletries.

      F.   Laboratories; research, experimental, and testing

      G.   Manufacturing, assembling, compounding, processing, packaging, or other comparable treatment of the following:

         (1)   Bakery goods, candy, and food products.

         (2)   Cameras and other photographic equipment.

         (3)   Electric and neon signs, outdoor advertising signs.

         (4)   Medical, dental, and drafting instruments.

         (5)   Musical instruments, toys, novelties, and rubber and metal hand stamps.

         (6)   Pottery and other ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

         (7)   Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, rope, cord, twine, cardboard, feathers, felt, fiber, fur, glass, hair, horn, leather, metal pipe, rods, strips or wire, paper, plastics, precious and semi-precious metals or stones, rubber (natural and synthetic), shells, textiles, tobacco, wax, wood, and yarns, provided that the entire operation is conducted within a building and that no raw materials or manufactured products are stored outside the building, other than for loading and unloading operations, and further providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emissions of dust, fumes, gas, odor, or smoke.

         (8)   Small precision instruments, such as barometers, clocks, watches, and compasses.

         (9)   Manufacture or assembly of computers and computer-related hardware.

      H.   Micro brewing, coffee roasting, wine, and distillery uses including tasting room, bottling, distribution, and warehousing facilities.

      I.   Contractors offices (not including outside storage yards); including general contractors, plumbers, electricians, heating, ventilating, and air conditioning contractors, masons, painters, refrigeration contractors, roofing contractors, and other such construction occupations. All equipment stored indoors.

      J.   Data center.

      K.   Dry cleaning and laundry facilities.

      L.   Building materials sales and showrooms, provided no outdoor storage of materials.

      M.   Mail order and distribution centers.

      N.   Motorcycle dealers and snowmobiles with indoor display and storage only.

      O.   Office buildings.

      P.   Office warehouses.

      Q.   Printing, lithographing, or film processing plants.

      R.   Public utility facilities.

      S.   Radio and television broadcasting stations and studios.

      T.   Delivery services, moving, and storage facilities and truck maintenance facilities.

      U.   Indoor sports and recreation facilities.

      V.   Retail or service businesses such as those found in the C-2 (General Commercial) Zoning District, except the following uses which would not be permitted in this district:

         (1)   Automotive service stations.

         (2)   Car washes.

         (3)   Convenience or quick stop stores.

         (4)   Dairy stores retail only.

         (5)   Delicatessens.

         (6)   Hotels and motels.

         (8)   Public buildings and utilities, including administrative and sales office, equipment storage buildings, and enclosed storage.

      W.   Combination of above uses.

   2.   Permitted Accessory Uses.

      A.   Warehouses only as part of offices or showroom for storage of merchandise or material in connection with the uses permitted in this district only.

      B.   Employee cafeteria or other food concession in conjunction with permitted use.

      C.   Signs in accordance with Chapter 159.

      D.   TV dish antennas and communication towers in accordance with Chapter 167.11.

      E.   Solar energy systems and fuel cell generators used to generate power for onsite use.

   3.   Permitted Conditional Uses.

      A.   Indoor self-storage.

      B.   Cold product production, storage, sales maintained within the principal building.

      C.   Restaurant and food or beverage service as part of a permitted use.

   4.   Bulk Regulations.

      A.   Front yard - 50 feet from all streets or public ingress or egress easements.

      B.   Side yard - 20 feet; provided that where adjacent to an R or C-1 District, a side yard of 50 feet shall be required.

      C.   Rear yard - 50 feet.

      D.   Maximum height - 50 feet.

      E.   Maximum number of stories - 4.

      F.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

      G.   Screening of a sufficient height and density to obscure structures and activities shall be erected at all locations where a Commercial and Limited Industrial M-1A District is immediately adjacent to a Residential R District.

 

 

   5.   Performance Standards:

      A.   Parking of vehicles and licensed trailers, other than passenger vehicles, needs to be interior to the development, not in the front yard, and screened from view of residential neighbors.

      B.   No noise, vibration, hazard, glare, air pollutants such as fumes or dust, odor other than that which might originate from food preparation by a bakery or restaurant, or electro-magnetic disturbances shall be generated. All lighting shall utilize horizontally mounted cut-off luminaries, and all lights, which illuminate the building or parking lots, shall be “dark sky” compliant whether pole or ground lights, and shall shine away from residential districts.

      C.   Landscaped buffer yards with a minimum width of 50 feet shall be provided along the boundary between residential districts where buildings or parking lots are located. The buffer yard shall consist of an earth berm with a height of no less than five feet and two rows of coniferous trees and supplemented with shrubs and understory trees.

      D.   The predominate building material for buildings shall be masonry or concrete tilt-up panels. Metal panels are not allowed on the public sides or residential sides of the building. The panels should be, at a minimum, painted and incorporate color, texture, height, and wall variation to moderate the scale of long, tall walls. Side and rear panels visible from public streets shall be comprised of substantially the same materials and be of reasonably similar character and quality to the front of the buildings, but may be simplified in terms or detailing. The “front” of the building shall incorporate 35 percent glazing elements into the façade.

   In the M-2 District, the following regulations shall apply, except as otherwise provided herein:

   1.   Principal Permitted Uses.

      A.   Uses permitted in M-1 Districts, provided that no dwelling or dwelling unit is permitted except those for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.

      B.   Any other use not otherwise prohibited by law, provided, however, that the following uses shall be permitted subject to approval by the Council after public hearing and after report and recommendation by the Planning and Zoning Commission. The Council shall consider all of the following provisions in its determination upon the particular use at the location requested:

         (1)   That the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;

         (2)   That such use shall not impair an adequate supply of light and air to surrounding property;

         (3)   That such use shall not unduly increase congestion in the streets, or public danger of fire and safety;

         (4)   That such use shall not diminish or impair established property values in adjoining or surrounding property; and

         (5)   That such use shall be in accord with the intent, purpose, and spirit of this Zoning Code and the Comprehensive Plan of the City. No permit will be issued in M-2 District other than the requirements listed in M-1 District, except as specifically approved by the Council.

      C.   Special uses - see Section 170.10.

   2.   Permitted Conditional Uses.

      A.   Salvage yards and junkyards - see Chapter 124.

      B.   Outside storage yards, accessory or principal in use, and provided that they are fenced and screened in their entirety such that no materials stored are visible from the street or another property.

      C.   Public detention and correctional institutions, including penal institutions, residential correction facilities, medical detention facilities, or other similar facilities provided they are located at least 500 feet from any residential use.

      D.   Home occupations are not an allowed conditional use.

   3.   Required Conditions.

      A.   The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed.

      B.   All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any R District boundary, except where separated by an adjoining railroad right-of-way. No setback is required where adjacent to an active railroad right-of-way.

   4.   Bulk Regulations. The following minimum requirements shall be observed subject to the modifications contained in Section 167.07.

      A.   Lot area - no minimum.

      B.   Lot width - no minimum.

      C.   Front yard - 150 feet, if property fronts on or is adjacent to a major thoroughfare (collector rating or higher) or R District; 50 feet, if property is located on an interior street (local) within an industrial park.

      D.   Side yard - 50 feet, except where adjacent to an R District in which case not less than 100 feet as specified in Subsection 3.

      E.   Rear yard - 40 feet, unless adjoining an active railroad, in which case no rear yard is required.

      F.   Maximum height - no limit, except Conditional Use Permit required for any structure exceeding 65 feet in height.

      G.   A minimum of 15 percent of the lot area shall be retained as landscaped open space to include such items as walks, trees, shrubs, fountains, or other ornamental features.

      H.   Screening of a sufficient height and density to obscure structures and activities shall be erected at all locations where an Industrial M District is immediately adjacent to a Residential R District.

 

   5.   Signs. Signs in accordance with Chapter 159.

   6.   Off-street parking and loading - see Chapter 167.