601.01. The city is hereby divided into use districts which shall be known as follows:

R-1 Single-family estate

R-2 Single-family urban

R-3 Multiple family

B-1 Limited business

B-2 Central business

PUD Planned unit development

I Industrial

(1)

R-1, Single-family estate.

(a)

Purpose and scope. This section applies to the R-1, single-family estate districts. The intent of the R-1 district is to provide residential estates in areas slated for future staged public utilities. These R-1 districts will require lots large enough to support on-site sewage treatment facilities until such time public sewer and other utilities are available.

(b)

Permitted uses. The following uses are permitted in an R-1 district:

(1)

Agricultural: Rural (see section 742).

(2)

Agricultural: Suburban (see section 742).

(3)

Forests.

(4)

Residential: Single-family detached dwellings.

(5)

Wildlife reserve: Private or public.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in an R-1 district with an approved certificate of compliance:

(1)

Guest house (see section 718).

(2)

Home occupations (meeting criteria of definition).

(3)

Road side sales stand (seasonally operated).

(4)

Storage: Open (see section 706).

(5)

Swimming pool: Residential (see section 726).

(6)

Trailer/recreation vehicle (see section 731).

(d)

Permitted accessory uses. The following are permitted accessory uses in an R-1 district:

(1)

Accessory structures, private garages.

(2)

Boat dock (non-commercial).

(3)

Fences.

(4)

Landscaping and decorative features.

(5)

Off-street parking.

(6)

Recreation equipment storage: Private.

(7)

Short term rental (see section 748).

(8)

Storage: Normally incidental to the principal use.

(9)

Waterfront uses: Residential.

(e)

Conditional uses. The following are conditional uses in an R-1 district:

(1)

Animals: Domestic farm.

(2)

Antennae or tower over 45 feet in height.

(3)

Business: Seasonal.

(4)

Cemeteries.

(5)

Churches.

(6)

Clear cutting (see section 746).

(7)

Clubs and lodges.

(8)

Day care centers.

(9)

Essential services: Government uses, buildings and storage.

(10)

Essential services: Public utility uses.

(11)

Essential services: Utility transmission services and substations.

(12)

Golf courses and country clubs.

(13)

Greenhouses.

(14)

Reserved.

(15)

Information centers.

(16)

Kennels: Private.

(17)

Marina.

(18)

Medical uses, laboratory.

(19)

Nature centers: Private or public.

(20)

Nursery: Commercial (production of trees and shrubs).

(21)

Parks.

(22)

Recreation areas: Commercial.

(23)

Recreation areas: Private or semi-public.

(24)

Residential: Multiple family (with sanitary sewer).

(25)

Residential: Townhouse.

(26)

Residential: Two family dwellings (duplex).

(27)

Resorts.

(28)

Retirement and nursing homes

(29)

Riding stables.

(30)

Schools: Public and private.

(31)

Storage: Highway construction equipment during construction.

(32)

Storage: Not accessory to a permitted principal use (see section 706).

(33)

Structure: Historic, scenic, etc.

(34)

Swimming pool: Commercial (see section 726).

(35)

Trailer/recreation vehicle parks: Seasonal use (see section 732).

(36)

Veterinary clinic.

(f)

Lot requirements and setbacks. The following minimum requirements shall be observed in an R-1 district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum non-residential lot area is 10,000 square feet.

(2)

The minimum lot area per dwelling unit (square feet):

(3)

The minimum floor area per dwelling unit (square feet):

(4)

The minimum lot frontage is 160 feet, except lots fronting on a cul-de-sac shall have a minimum lot frontage of 60 feet.

(5)

The minimum lot depth is 150 feet.

(6)

Maximum lot coverage by structures is 35 percent.

(7)

The maximum height is as follows:

a.

For the principal structure, 35 feet.

b.

For accessory buildings, one story, a maximum of 12 feet in height. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with the roof pitch or style of the principal structure. The height of an accessory building shall not exceed the height of the principal structure.

(8)

The minimum front yard setback is 20 feet.

(9)

The minimum rear yard setback is 30 feet.

(10)

The minimum side yard setback:

a.

From a street is 20 feet.

b.

From interior lot line is ten feet.

c.

From residential garage or carport to interior lot line is ten feet.

(2)

R-2, Single-family urban.

(a)

Purpose and scope. This section applies to the R-2, single-family urban districts. The intent of the R-2 district is to provide residential urban lots in areas where the full range of public utilities and services are available.

(b)

Permitted uses. The following uses are permitted in an R-2 district:

(1)

Agricultural: Suburban (see section 742).

(2)

Forests.

(3)

Public parks.

(4)

Residential: Single-family detached dwellings.

(5)

Wildlife reserve: Private or public.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in an R-2 district with and approved certificate of compliance:

(1)

Guest house (see section 718).

(2)

Home occupations (meeting criteria of definition).

(3)

Storage: Open (see section 706).

(4)

Swimming pool: Residential (see section 726).

(5)

Trailer/recreation vehicle (see section 731).

(d)

Permitted accessory uses. The following are permitted accessory uses in an R-2 district:

(1)

Accessory structures, private garages.

(2)

Boat dock (non-commercial).

(3)

Fences.

(4)

Landscaping and decorative features.

(5)

Off-street parking.

(6)

Recreation equipment storage: Private.

(7)

Short term rental (see section 748).

(8)

Waterfront uses: Residential.

(e)

Conditional uses. The following are conditional uses in an R-2 district:

(1)

Business: Seasonal.

(2)

Cemeteries.

(3)

Churches.

(4)

Clear cutting (see section 746).

(5)

Day care centers.

(6)

Essential services: Government uses, buildings and storage.

(7)

Essential services: Public utility uses.

(8)

Essential services: Utility transmission services and substations.

(9)

Golf courses and country clubs.

(10)

Reserved.

(11)

Information centers.

(12)

Medical uses, laboratory.

(13)

Nature centers: Private or public.

(14)

Recreation areas: Private or semi-public.

(15)

Residential: Multiple family (with sanitary sewer).

(16)

Residential: Townhouse.

(17)

Residential: Two family dwellings (duplex).

(18)

Retirement and nursing homes

(19)

Schools: Public and private.

(20)

Storage: Highway construction equipment during construction.

(21)

Structure: Historic, scenic, etc.

(22)

Swimming pool: Commercial (see section 726).

(f)

Lot requirements and setbacks. The following minimum requirements shall be observed in an R-2 district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum non-residential lot area is 10,000 square feet.

(2)

The minimum lot area per dwelling unit (square feet):

(3)

The minimum floor area per dwelling unit (square feet):

(4)

The minimum lot frontage is 75 feet, except lots fronting on a cul-de-sac shall have a minimum lot frontage of 60 feet.

(5)

The minimum lot depth is 130 feet.

(6)

Maximum lot coverage by structures is 35 percent.

(7)

The maximum height is as follows:

a.

For the principal structure, 35 feet.

b.

For accessory buildings, one story, a maximum of 12 feet in height. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with the roof pitch or style of the principal structure. The height of an accessory building shall not exceed the height of the principal structure.

(8)

The minimum front yard setback is 20 feet.

(9)

The minimum rear yard setback is 30 feet.

(10)

The minimum side yard setback:

a.

From a street is 20 feet.

b.

From interior lot line is ten feet.

c.

From residential garage or carport to interior lot line is five feet.

(3)

R-3, Multiple family.

(a)

Purpose and scope. This section applies to the R-3, multiple family districts. The intent of the R-3 district is to provide areas capable of supporting multiple family dwellings in terms of public utilities and services, and thereby allowing a variety of housing types in greater densities.

(b)

Permitted uses. The following uses are permitted in an R-3 district:

(1)

Agricultural: Suburban.

(2)

Forests.

(3)

Residential: Multiple family (with sanitary sewer).

(4)

Residential: Single-family detached dwellings.

(5)

Residential: Townhouse (see section 735).

(6)

Residential: Two family dwelling, duplex (see section 602.01).

(7)

Wildlife reserve: Private or public.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in an R-3 district with an approved certificate of compliance:

(1)

Home occupations (meeting criteria of definition).

(2)

Storage: Open (see section 706).

(3)

Swimming pool: Residential (see section 726).

(4)

Trailer/recreation vehicle (see section 731).

(d)

Permitted accessory uses. The following are permitted accessory uses in an R-3 district:

(1)

Accessory structures, private garages.

(2)

Boat dock (non-commercial).

(3)

Fences.

(4)

Landscaping and decorative features.

(5)

Off-street loading.

(6)

Off-street parking.

(7)

Recreation equipment storage: Private.

(8)

Residential waterfront uses.

(e)

Conditional uses. The following are conditional uses in an R-3 district:

(1)

Business: Seasonal.

(2)

Cemeteries.

(3)

Churches.

(4)

Clear cutting (see section 746).

(5)

Day care centers.

(6)

Essential services: Government uses, buildings and storage.

(7)

Essential services: Public utility uses.

(8)

Essential services: Utility transmission services and substations.

(9)

Golf courses and country clubs.

(10)

Reserved.

(11)

Information centers.

(12)

Medical uses, laboratory.

(13)

Nature centers: Private or public.

(14)

Parks.

(15)

Recreation areas: Private or semi-public.

(16)

Retirement and nursing homes.

(17)

Schools: Public and private.

(18)

Storage: Highway construction equipment during construction.

(19)

Storage: Historic, scenic, etc.

(20)

Swimming pool: Commercial (see section 726).

(f)

Use determination. A conditional use permit may be permitted if the planning commission determines that another use or service establishment is of the same general character as the foregoing uses and the use or service will not impair the present or potential use of adjacent properties.

(g)

Lot requirements and setbacks. The following minimum requirements shall be observed in an R-3 district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum non-residential lot area is 10,000 square feet.

(2)

The minimum lot area per dwelling unit (square feet):

(3)

The minimum floor area per dwelling unit (square feet):

(4)

The minimum lot frontage is 75 feet, except lots fronting on a cul-de-sac shall have a minimum lot frontage of 60 feet.

(5)

The minimum lot depth is 130 feet.

(6)

Maximum lot coverage by structures is 35 percent.

(7)

The maximum height is as follows:

a.

For the principal structure, 45 feet.

b.

For accessory buildings, one story, a maximum of 12 feet in height. The city administrator shall have the right to approve an increase in the height of an accessory building to a maximum of 17 feet for the purpose of matching the roof pitch or style of the accessory building with the roof pitch or style of the principal structure. The height of an accessory building shall not exceed the height of the principal structure.

(8)

The minimum front yard setback is 30 feet.

(9)

The minimum rear yard setback is 30 feet.

(10)

The minimum side yard setback:

a.

From a street is 20 feet.

b.

From interior lot line is ten feet.

c.

From residential garage or carport to interior lot line is ten feet.

(4)

B-1, Limited business.

(a)

Purpose and scope. This section applies to the B-1, limited business district. This district is intended to allow areas for the development of limited business such as corporate offices, professional offices, clinics and other similar uses which are compatible with residential neighborhoods. This district may be used as a transitional or buffer district between residential and commercial uses. The office uses allowed in this district are those in which there is limited contact with the public and no manufacturing, exterior display, or selling or merchandise to the general public is allowed. Although not in compliance with the designated uses for the B-1 district, documented legal non-conforming uses with a CUP, located on parcels that have been rezoned from B-4 existing business, shall be given reasonable consideration when a request is made to amend the CUP, to permit viable operation of the use.

(b)

Performance standards. The following rules shall apply to all uses in this district, except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this section:

(1)

All uses and activities shall be inside buildings, with no outside storage or activity allowed, unless a conditional use permit is granted.

(2)

There shall be no noise carrying beyond a lot upon which a business is located, except for normal automobile and pedestrian activity.

(3)

No business shall remain open into the late evening hours.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in a B-1 district with an approved certificate of compliance:

(1)

Churches.

(2)

Essential services: Government uses, buildings and storage.

(3)

Essential services: Public utility uses.

(4)

Financial institutions.

(5)

Forests.

(6)

Funeral homes, mortuaries.

(7)

Greenhouses.

(8)

Information centers.

(9)

Medical uses, laboratory.

(10)

Nursery and garden supplies.

(11)

Offices: Administrative, business, professional.

(12)

Retirement and nursing homes.

(13)

Road side sales.

(14)

Schools: Commercial.

(15)

Studio: Art, dance, music, etc.

(16)

Studio: Radio, television.

(d)

Permitted accessory uses. The following are permitted accessory uses in a B-1 district:

(1)

Accessory structures, private garages.

(2)

Fences.

(3)

Landscaping and decorative features.

(4)

Off-street loading.

(5)

Off-street parking.

(e)

Conditional uses. The following are conditional uses in a B-1 district:

(1)

Bars and taverns.

(2)

Business: Seasonal.

(3)

Cemeteries.

(4)

Clear cutting (see section 746).

(5)

Clubs and lodges.

(6)

Day care centers.

(7)

Essential services: Utility transmission services and substations.

(8)

Financial institutions with drive-in facilities.

(9)

Golf course and country club.

(10)

Institutional facilities: Armories, auditoriums, convention halls, galleries, museums and similar uses.

(11)

Institutional housing.

(12)

Interim use (see section 747).

(13)

Light distribution warehouse.

(14)

Nature centers.

(15)

Nursery: Commercial production of trees and shrubs.

(16)

Outside entertainment: Commercial.*

(17)

Outside sales, or special events.*

(18)

Parks.

(19)

Recreation areas: Commercial.

(20)

Recreation areas: Private or semi-public.

(21)

Recreation facilities: Commercial.

(22)

Research centers.

(23)

Residential: Multiple family (with sanitary sewer).

(24)

Schools: Public and private.

(25)

Storage: Highway construction equipment during construction.

(26)

Storage: Open.

(27)

Structure: Historic, scenic etc.

(28)

Structure: Temporary or interim use (see section 706).

(29)

Supper club.

(30)

Swimming pool, commercial.

(31)

Theater.

(32)

Veterinary clinics.

(33)

Lodging rooms for not more than four individuals.

(34)

Limited transit vehicle storage facility.

* These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis.

(f)

Lot requirements and setbacks. The following minimum requirements shall be observed in a B-1 district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum non-residential lot area is 10,000 square feet.

(2)

The minimum lot area per dwelling unit (square feet):

(3)

The minimum floor area per dwelling unit (square feet):

(4)

The minimum lot frontage is 100 feet, except lots fronting on a cul-de-sac shall have a minimum lot frontage of 60 feet.

(5)

The minimum lot depth is 135 feet.

(6)

The maximum lot coverage is 35 percent.

(7)

The maximum height is as follows:

a.

For the principal structure, 35 feet.

b.

For accessory structures, one story.

(8)

The minimum front yard setback is 35 feet.

(9)

The minimum rear yard setback is 30 feet.

(10)

The minimum side yard setback:

a.

From a street is 30 feet.

b.

From interior lot line is ten feet.

c.

From residential garage or carport to interior lot line is ten feet.

(g)

Screening and fencing. The city may require the screening (through berms, vegetative or buffer strips) or fencing of any side or rear yard facing a residential district in conformance with section 708 of the Zoning Ordinance, Ordinance 621.

(h)

Landscaping. Landscaping improvements to the site equal to a minimum of one percent of the total improvement project cost is required. Sites that have difficulty meeting this landscape requirement due to the existing site conditions may propose a landscape plan for an alternative site to satisfy the requirement of this section.

(5)

B-2, Central business.

(a)

Purpose and scope. This section applies to the B-2, central business district. The concentrated business district areas of Bayport are designed and intended as multifunctional commercial centers for the entire city. Due to certain unique and historical factors and characteristics, the commercial areas are not in many respects, similar to more recent commercial developments and shopping centers; different zoning standards and regulations are required. The use of land is intensive, and this is one of the main determinants of the vitality of the central business district. It is the purpose of these regulations to encourage such intensity of such and to exclude activities which have a negative effect upon the proper functioning of the central business district.

(b)

Performance standards. The following rules shall apply to all uses in this district, except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this section:

(1)

All uses and activities shall be inside buildings, with no outside storage or activity allowed, unless a conditional use permit is granted.

(2)

There shall be no noise carrying beyond a lot upon which a business is located, except for normal car and pedestrian activity.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in a B-2 district with an approved certificate of compliance:

(1)

Automobile repair.

(2)

Bars and taverns.

(3)

Clubs and lodges.

(4)

Day care centers.

(5)

Essential services: Government uses, buildings and storage.

(6)

Essential services: Public utility uses.

(7)

Financial institutions and banks.

(8)

Forests.

(9)

Medical uses, laboratory.

(10)

Nursery and garden supplies.

(11)

Offices: Administrative, business and professional.

(12)

Recreation areas: Commercial.

(13)

Recreation facilities: Commercial.

(14)

Rental storage.

(15)

Restaurants, cafes and other food service establishments.

(16)

Retail business.

(17)

Road side sales stand.

(26)

Studios: Art, dance, interior decoration, music, photography.

(27)

Studio: Radio and television broadcasting.

(d)

Permitted accessory uses. The following are permitted accessory uses in a B-2 district:

(1)

Accessory structures, private garages.

(2)

Car wash (when accessory to an automotive service station).

(3)

Fences.

(4)

Landscaping and decorative features.

(5)

Off-street loading.

(6)

Off-street parking.

(7)

Adult uses. (see Code section 10-50 et seq.)

(e)

Conditional uses. The following are conditional uses in an B-2 district:

(1)

Automotive sales.

(2)

Automotive and truck service station (see section 733).

(3)

Business: Seasonal.

(4)

Boat, trailer, and marina sales (enclosed).

(5)

Clear cutting (see section 746).

(6)

Drive-in business.

(7)

Essential services: Utility transmission services and substations.

(8)

Funeral homes and mortuaries.

(9)

Fuel sales.

(10)

Greenhouses.

(11)

Hotels, motels.

(12)

Information centers.

(13)

Institutional facilities: Armories, auditoriums, convention halls, galleries, museums and similar uses.

(14)

Interim uses (see section 747).

(15)

Nature centers.

(16)

Outside eating establishments.

(17)

Outside entertainment: Commercial.*

(18)

Outside sales, or special events.*

(19)

Parks.

(20)

Recreational equipment storage: Commercial.

(21)

Recreational facilities: Commercial.

(22)

Rental vehicles and equipment.

(23)

Residences of all classifications.

(24)

Sales: Open lot displays with on-site display office (see section 728).

(25)

Sales: Open lot (outdoor) displays with no office.

(26)

Signs: Advertising.

(27)

Storage: Open (all outside storage shall be screened from public view by a solid wall, or fenced with landscaping).

(28)

Structure: Historic, scenic, etc.

(29)

Structure: Temporary or interim use (see section 728).

(30)

Supper club.

(31)

Theater.

(32)

Terminal: Transportation and freight.

(33)

Veterinary clinic and animal hospital.

* These uses may be approved directly by the city council if the event is a one time special event no occurring on a regular basis.

(f)

Use determination. A conditional use permit may be permitted if the planning commission determines that another use or service establishment is of the same general character as the foregoing uses and the use or service will not impair the present or potential use of adjacent properties.

(g)

Lot requirements and setbacks. The following minimum requirements shall be observed in a B-2 district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum non-residential lot area is 10,000 square feet.

(2)

The minimum lot area per dwelling unit (square feet):

(3)

The minimum floor area per dwelling unit (square feet):

(4)

The minimum lot frontage is 75 feet.

(5)

The minimum lot depth is 135 feet.

(6)

The maximum lot coverage is 80 percent.

(7)

The maximum height is as follows:

a.

For the principal structure, 35 feet.

b.

Infill buildings, within ten percent of height of adjacent buildings.

c.

For accessory structures, one story.

(8)

The minimum front yard setback is 15 feet.

(9)

The minimum rear yard setback is 20 feet.

(10)

The minimum side yard setback:

a.

From a street is 20 feet.

b.

From interior lot line is ten feet.

c.

From residential garage or carport to interior lot line is ten feet.

(11)

Exceptions: For infill lots, the front, side and rear setback may be similar to the setback for the adjacent buildings.

(12)

Buffer yards: In the event that a lot in a B-2 district borders a district with more restrictive setbacks, the setback requirement in the B-2 district for that specific property line will be equal to the setback requirement of the adjacent lot, unless the lots are separated by a city street.

(h)

Screening and fencing. The city may require the screening (through berms, vegetative or buffer strips) or fencing of any side or rear yard facing a residential district in conformance with section 708 of the Zoning Ordinance, Ordinance 621.

(i)

Miscellaneous regulations. Parking: Conformance with section 712 of this ordinance regulating off-street parking shall not be required for any existing permitted uses in Bayport's central business district. Existing parking areas and number of stalls shall not be reduced. If an existing use is intensified, or if a business expands over 50 percent after 1994, or if a business is constructed or added to the B-2 zone district, conformance with section 712 of this ordinance regulating off-street parking may be required before the site plan or new use is approved.

(j)

Landscaping. Landscaping improvements to the site equal to a minimum of one percent of the total improvement project cost is required. Sites that have difficulty meeting this landscape requirement due to the existing site conditions may propose a landscape plan for an alternative site to satisfy the requirement of this section.

(6)

PUD, Planned unit development.

(a)

Purpose and scope. This section applies to the PUD, planned unit development district. The zoning district PUD shall mean that any of the uses described in subsection 601.01.(1) through (5) are permitted, but any development proposals must comply with the planned unit section 507, planned unit developments, of the zoning ordinance.

(b)

Reserved.

(7)

I, Industrial.

(a)

Purpose and scope. This section applies to the I, industrial district. This district is intended to provide areas adjacent to major thoroughfares and in areas where public utilities are available for the express use of industrial developments.

(b)

Permitted uses. The following uses are permitted in a I district:

(1)

Agricultural, rural.

(2)

Agricultural, suburban.

(c)

Permitted uses with an approved certificate of compliance. The following uses are permitted in a I district with an approved certificate of compliance:

(1)

Automotive and truck repair.

(2)

Bars and taverns.

(3)

Essential services: Government uses, buildings and storage.

(4)

Essential services: Public utility uses.

(5)

Essential services: Utility transmission services and substations.

(6)

Farm equipment sales.

(7)

Forests.

(8)

Light distribution warehouse.

(9)

Manufacturing, general.

(10)

Manufacturing, limited.

(11)

Nursery and Garden supplies.

(12)

Offices: Administrative, business, professional.

(13)

Rental storage or garage (enclosed).

(14)

Restaurants and cafes.

(15)

Signs: Advertising.

(16)

Storage: Highway construction equipment during construction.

(17)

Storage: Open.

(18)

Storage: As a principal use.

(19)

Storage: Normally incidental to the principal use.

(20)

Terminal: Transportation and motor freight.

(21)

Veterinary clinics and animal hospitals.

(22)

Warehousing.

(23)

Wholesale business.

(d)

Permitted accessory uses. The following are permitted accessory uses in a I district:

(1)

Accessory structures.

(2)

Fences.

(3)

Landscaping and decorative features.

(4)

Off-street loading.

(5)

Off-street parking.

(e)

Conditional uses. The following are conditional uses in a I district:

(1)

Antennae, towers.

(2)

Auto reduction yard, junk yard.

(3)

Automotive sales (enclosed).

(4)

Automobile and truck service station.

(5)

Automobile and truck wash.

(6)

Boat, trailer and marina sales (enclosed).

(7)

Business: Seasonal.

(8)

Clear cutting.

(9)

Clubs and lodges.

(10)

Day care centers.

(11)

Explosives: Manufacture, storage.

(12)

Explosives: Utilization.

(13)

Fuel sales.

(14)

Golf course and country club.

(15)

Greenhouse.

(16)

Gun club.

(17)

Gun range.

(18)

Hotel and motel.

(19)

Institutional facilities: Armories, auditoriums, convention halls, galleries, museums and similar uses.

(20)

Interim uses (see section 747).

(21)

Kennels, private.

(22)

Mining.

(23)

Nature centers: Public and private.

(24)

Nursery: Commercial production of trees and shrubs.

(25)

Parks.

(26)

Race track.

(27)

Railroad operations.

(28)

Recreation areas: Commercial.

(29)

Recreation equipment storage: Commercial.

(30)

Recreation equipment storage: Private, side and rear yards (see section 706).

(31)

Recreational facilities: Commercial.

(32)

Rental of cars, campers, trailers, trucks and similar equipment.

(33)

Research center.

(34)

Sales: Open lot with display office.

(35)

Sales: Open lot without display office.

(36)

Storage: Not accessory to a permitted principal use (see section 706).

(37)

Structures: Historic, historic markers, scenic, etc.

(38)

Structures: Temporary and interim use (see section 706).

(39)

Waterfront uses: Industrial and shipping.

(40)

Wildlife reserve: Private or public.

(41)

Adult uses. (see Code section 10-50 et seq.)

(f)

Lot requirements and setbacks. The following minimum requirements shall be observed in a I district subject to additional requirements, exceptions and modifications set forth in the Zoning Ordinance, Ordinance 621:

(1)

The minimum lot area is 24,000 square feet.

(2)

The minimum lot frontage is 100 feet, except lot fronting on a cul-de-sac shall have a minimum lot frontage of 60 feet.

(3)

The minimum lot depth is 150 feet.

(4)

The maximum lot coverage is 40 percent.

(5)

The maximum height is as follows:

a.

For the principal structure, 45 feet.

b.

For accessory structures, one story.

(6)

The minimum front yard setback is 40 feet.

(7)

The minimum rear yard setback is 30 feet.

(8)

The minimum side yard setback:

a.

From a right-of-way is 30 feet.

b.

From interior lot line is ten feet.

(g)

Screening and fencing. The city may require the screening (through berms, vegetative or buffer strips) or fencing of any side or rear yard facing a residential district in conformance with section 708 of the Zoning Ordinance, Ordinance 621.

(h)

Landscaping. Landscaping improvements to the site equal to a minimum of one percent of the total improvement project cost is required. Sites that have difficulty meeting this landscape requirement due to the existing site conditions may propose a landscape plan for an alternative site to satisfy the requirement of this section.

(Ord. No. 688, § VIII, 4-4-94; Ord. No. 710, § 1, 8-5-96; Ord. No. 730, § 730.02, 2-1-99; Ord. No. 734, § 734.01, 5-3-99; Ord. No. 736, §§ 736.01, 736.02, 5-1-00; Ord. No. 740, § 740.01—740.04, 9-4-02; Ord. No. 772, § 1, 5-2-05; Ord. No. 781, §§ 2—4, 6-12-06; Ord. No. 820, § 1, 9-7-10; Ord. No. 856, §§ 2, 3, 1-9-17; Ord. No. 872, §§ 2—7, 4-1-19; Ord. No. 875, §§ 3—7, 12-2-19)

602.01. The following chart sets out the minimum area, maximum height and other dimensional requirements of each zoning district:

;sz=8a; Note: ^A shall mean acres.

Minimum requirements in the EB district are as permitted in section 601.

(Ord. No. 635, § II, 11-5-84; Ord. No. 740, § 740.05, 9-4-02; Ord. No. 772, § 1, 5-2-05)

602.02. Additions and exceptions to minimum area, height and other requirements:

(1)

For the purpose of this ordinance, the term "existing lot" shall mean a lot or parcel of land which was of record as a separate lot or parcel in the office of the Washington County recorder or registrar of titles, on or before the date of adoption of this ordinance.

(2)

Any such lot or parcel created in accordance with the community subdivision regulations and is at least 2½ acres in size shall be exempt from the requirements of section 602.02(3) and (4) and shall be considered buildable if the lot or parcel can comply with the remaining requirements of section 602.02.

(3)

Any such lot or parcel of land less than 2½ acres which is in a residential or agricultural district may be used for single-family detached dwelling purposes provided the area and width thereof are within 60 percent of the minimum requirements of this section; provided all setback requirements of this ordinance can be maintained; and provided it can be demonstrated that a safe and adequate sewage system can be installed to serve such permanent dwelling.

(4)

If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of this ordinance, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requirements of this ordinance.

(5)

Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of this ordinance for purposes of erecting a structure must be approved as required by the community subdivision ordinance.

(6)

Lake and stream frontage lots. All lots having frontage on a lake or stream shall be subject to the provisions of the community shoreland management ordinance as well as the regulations provided by this chapter [appendix].

(7)

Lots in the floodplain. All lots in a designated floodplain shall be subject to the community floodplain ordinances as well as the regulations provided by this chapter [appendix].

(8)

Reduction of required yard or lot size prohibited. No yard shall be reduced in area or dimension so as to make it less than the minimum required by this ordinance, and if the existing yard is less than the minimum required, it shall not be further reduced. No required yard currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.

(9)

Sloping or erodible building sites. On sites with slopes of greater than 25 percent or on easily erodible soils as defined on the community soils maps, a variance is required.

(10)

Heavily wooded sites. On any lot, clear cutting shall require a conditional use permit. A certificate of compliance shall be required for all cutting on all slopes in excess of 18 percent. On such slopes, a revegetation plan shall also be required prior to issuance of a building permit (see sections 740 and 746).

(11)

Minimum area requirements for lots without public sanitary sewer. In areas without public sanitary sewer, single- and two-family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of 0.50 acre per dwelling unit.

A building permit shall not be issued for a lot which either does not meet the minimum acres of acceptable soils for on-site sewage treatment; or does not have enough acceptable soils within the lot or under legal contract to construct at least two complete septic/drainfield treatment systems.

(12)

High-rise multiple dwelling structures. The density standards applicable to multiple dwellings in structures exceeding 3½ stories in height shall be as follows:

Said requirements shall apply regardless of the number of bedrooms per dwelling unit.

602.03. Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this ordinance:

(1)

In any yards: Posts, off-street open parking, flues, leaders, sills, pilasters, lintels, cornices, eaves (up to three feet), gutters, awnings, open terraces, steps, chimneys, flagpoles, open fire escapes, sidewalks, fences, essential services, exposed ramps (wheelchair), uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three feet from any lot line nor less than one foot from any existing or proposed driveway; yard lights and nameplate signs; trees, shrubs, plants; floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

(2)

On a corner lot: Nothing shall be placed or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets within 100 feet of such intersection.

(3)

In no event shall off-street parking, structures of any type, buildings or other improvements cover more than 75 percent of the lot areas. In no event shall the landscaped portion of the lot be less than 25 percent of the entire lot as a result of permitted encroachments.

602.04. Setbacks.

(1)

Front setbacks. Where a vacant buildable lot is adjacent to structures existing at the time of adoption of this ordinance having a substandard setback from that required by this section, the planning commission shall determine a reasonable, average, calculated front yard setback to implement the requirements of this section, and to fulfill its purpose and intent. However, in no case shall a building be required to be set back more than 180 feet from the street centerline, except where an industrial district is adjacent to a residential district. In a residential district, the front yard setback shall conform to the established setback line, unless the planning commission determines that another setback is more appropriate as provided herein.

(2)

Side and rear setbacks. Subject to regulations contained in the building code and other applicable regulations, side and rear setback requirements may be waived provided party walls are used and the adjacent buildings are constructed as an integral unit and are part of an approved shopping center, townhouse development or other similar development. Such waiver shall only be by issuance of a conditional use permit.

(3)

Setbacks adjacent to residential areas. Where a commercial district is adjacent to a residential district, the minimum commercial building setback from the lot line shall be 35 feet.

(4)

Setbacks from private roads. All setback requirements of this section shall also be applicable to private roads and easement access rights-of-way.

602.05. Height.

(1)

No structure shall exceed 45 feet in height, including church spires, belfries, cupolas and domes, monuments, chimneys and smokestacks, flagpoles, public facilities, transmission towers of private radio broadcasting stations, television antennas, except barns, silos and other farm structures, utility transmission services and transmission towers of commercial broadcasting stations.

(2)

Parapet walls shall not extend more than four feet above the height of the buildings.

(Ord. No. 772, § 1, 5-2-05)

603.01. The boundaries of the districts as established by this chapter [appendix] are as shown on the map published herewith and made part of this chapter [appendix]; said map is designated as the official zoning map of the community and shall be maintained as provided herein by the community zoning administrator. The district boundary lines on said map are intended to follow street right-of-way lines, street centerlines or lot lines unless such boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. Whenever any street or other public way is vacated, any zoning district line following the centerline of said vacated street or way shall not be affected by such vacation.

603.02. When any permit is issued for a planned unit development or any other permit which affects any zoning district in a substantial way, said permit shall be coded and noted on the zoning district map by the zoning administrator so as to clearly indicate the use so permitted which may not otherwise be clearly evident from the map or text of this chapter [appendix].

603.03. When uses in a district are listed as both permitted and as conditional uses, or when any other conflict appears in this chapter with respect to permitted uses within a district, the more restrictive portion shall be applied.

603.04. Reserved.

()

603.05. The zoning district map is amended by adding to the legend, MF—Multifamily, and adding the boundaries of the rezoned districts on the zoning map as described herewith:

1.

That portion of land within the City of Bayport, lying west of a centerline of a northerly extension of Seventh Street North and south of the centerline of a westerly extension of Seventh Avenue North, to the centerline of Fifth Avenue North, excepting the cemetery properties, shall be zoned Multifamily Use District 1.

2.

That portion of land in the City of Bayport lying west of the centerline of said northerly extension of Seventh Street North and north of the centerline of said westerly extension of Seventh Avenue North, shall be zoned a Limited Business Use District.

(Ord. No. 635, § III, 11-5-84; Ord. No. 648, § I, 5-7-90; Ord. No. 772, § 1, 5-2-05)

(Ord. No. 635, § IV, 11-5-84; Ord. No. 648, §§ II, III, 5-7-90; Ord. No. 697, § 697.03, 7-5-94; Ord. No. 734, § 734.02, 5-3-99; Ord. No. 736, § 736.03, 5-1-00; Ord. No. 772, § 1, 5-2-05; Ord. No. 820, § 1, 9-7-10; Ord. No. 872, § 8, 4-1-19; Ord. No. 875, §§ 8, 9, 12-2-19)

Editor's note— Ord. No. 772, § 1, adopted May 2, 2005, deleted §§ 605, 606, which pertained to floodplain overlay district and planned unit development overlay district, and derived from Ord. No. 621, adopted Dec. 7, 1981.