It is the intent of this division to provide suitable areas for large residential lots characterized as having a minimum size of two acres with detached single-family dwellings. Residential development in this district is typified by but not limited to lots fronting arterial streets so as to preserve the open rural character in the community and to minimize driveway access and traffic impact on heavily travelled public streets. Within the large lot residential (R-1) districts as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 94-54, § 1(11-401), 12-19-94)

The following uses are permitted within the R-1 zoning districts:

(1)

General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals and similar agricultural uses, provided the minimum lot size is three acres.

(2)

Detached single-family residences, subject to the limitations established in section 78-19 of this Code.

(3)

Designated open space including leisure facilities within a planned residential subdivision subject to the standards and limitations specified in section 78-150.

(4)

Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-148.

(5)

Home occupations, as defined in section 78-3, subject to the standards and limitations specified in sections 78-26 through 78-29.

(6)

Accessory uses such as:

a.

Swimming pools, tennis courts, pet enclosures, play structures, and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-148 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard.

b.

Gazebos, subject to the standards and limitations set forth in section 78-148. To the extent that any such structure is an "accessory building," as defined in section 78-3, such structure shall also be subject to the provisions of section 78-22.

c.

Arbors, pergolas and similar freestanding open air structures, subject to the standards and limitations set forth in section 78-148.

d.

Portable storage structures, subject to the standards and limitations set forth in section 78-24.

e.

Windmills, subject to the standards and limitations set forth in section 78-25.

(7)

Bed and breakfast lodges, subject to the following requirements:

a.

A bed and breakfast lodge may be operated only by special exception granted by the board of zoning appeals. The historic commission shall provide a recommendation on any such application prior to the decision of the board of zoning appeals. A special exception granted for a bed and breakfast lodge may be contingent upon special conditions established by the board of zoning appeals in addition to the requirements herein. Failure to comply with any of the requirements herein or the special conditions established by the board of zoning appeals shall be grounds for revocation of the board's approval. A separate home occupation permit from the board of zoning appeals shall not be required for the operation of a bed and breakfast lodge.

b.

A bed and breakfast lodge may be operated only at a dwelling which has been designated as a historically significant site pursuant to section 2-181 of this Code and which is located on a lot which is either:

1.

At least four acres in size; or

2.

Served by an arterial roadway.

c.

An employee of the bed and breakfast lodge must remain on the premises overnight whenever guests are present. No more than two nonresident employees may be present at the bed and breakfast lodge at any given time.

d.

Associated food service shall be provided only to overnight visitors. The sale of merchandise, except for the sale of incidental merchandise to overnight visitors, shall be prohibited.

e.

All parking for guests and employees of the bed and breakfast lodge must be off-street. A clear access for emergency vehicles must be maintained at all times. Prior to consideration of the application by the board of zoning appeals, such emergency vehicle access shall be reviewed by the fire marshal. The fire marshal may make recommendations for improvements, which may be incorporated into any conditions of approval adopted by the board of zoning appeals. The board of zoning appeals may, at its discretion, require the applicant to submit, at the applicant's cost:

1.

A site plan, showing the proposed layout of parking areas for the property, along with ingress and egress; and/ or

2.

An opinion from a traffic engineer as to the sufficiency of the proposed ingress and egress, along with recommendations for any measures which should be taken to mitigate traffic impacts associated with the bed and breakfast lodge.

f.

The prior approval of the planning commission, following review and recommendation of the historic commission, shall be required for any structural addition on the property; any modification to the exterior of the dwelling or accessory structures; or any addition or relocation of driveways, parking areas or other similar hard surfaces. The gross floor area of any existing structure used as a bed and breakfast lodge may not be expanded more than 25 percent.

g.

The bed and breakfast lodge shall adhere to and operate within all applicable laws, regulations and guidelines established by the city, county and state. A copy of all inspection reports provided by the county or state shall be submitted to the planning and codes department. Furthermore, the lodge shall be open to inspection by representatives of the city at all times for the purpose of determining compliance with the requirements hereunder.

h.

The bed and breakfast lodge shall maintain current city and county business licenses.

(8)

Garage sales conducted by the owners or tenants of the property, provided that no person is compensated for conducting the sale, no more than two garage sales shall occur at the same location in any calendar year, and the duration of a single garage sale shall not exceed two days. Additionally, one auction or other sale to dispose of the household assets of a deceased resident or a resident who is relocating may be held at the resident's home, and the person or agency conducting such a sale may be compensated. No sale of merchandise purchased for resale shall be permitted at a garage sale.

(9)

Consignment sales conducted by the owners or tenants of the property, provided that consignment sales may only occur during the months of April and September, and between the hours of 8:00 a.m. and 6:00 p.m. No more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single consignment sale shall not exceed three days. Setup for a consignment sale shall be commenced no sooner than three days prior to the first date of the sale. No tents shall be used in conjunction with a consignment sale. Cleanup of the sale location, including removal of all sale items, signs and displays, shall be accomplished within two days following the last date of the sale. Authorization to conduct a consignment sale shall be contingent upon application by an owner or tenant of the property and issuance of a permit by the city manager or his designee. No sale of merchandise purchased for resale shall be permitted at a consignment sale.

(10)

Merchandise sales conducted in conjunction with a lawful home occupation permitted under the provisions of this chapter, but only as provided for in section 78-29 herein.

(11)

Mobile food vending associated with events conducted by homeowner or property owner associations or with other special events approved by the planning commission, provided that mobile food vending operations shall be subject to the regulations established in chapter 18, article VI of this Code. In addition, mobile food service vehicles providing pre-arranged catering services on private property are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 94-54, § 1(11-402), 12-19-94; Ord. No. 2001-15, § 2, 10-22-2001; Ord. No. 2002-14, § 3, 8-26-2002; Ord. No. 2002-21, § 3, 10-28-2002; Ord. No. 2005-23, § 4, 10-24-2005; Ord. No. 2008-18, §§ 10, 11, 11-10-2008; Ord. No. 2009-09, §§ 4—8, 9-28-2009; Ord. No. 2017-02, § 1, 2-27-2017)

Any use or structure that is not specifically permitted in the R-1 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Any use or structure for which approval of the board of zoning appeals is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 94-54, § 1(11-403), 12-19-94; Ord. No. 2002-04, § 3, 4-8-2002)

For all property within the R-1 zoning districts, the following minimum technical standards shall apply to each lot and the principal structure thereon:

(1)

Minimum required lot area, two acres.

(2)

Maximum lot coverage by all buildings, 25 percent.

(3)

Minimum required lot width at building line, 200 feet.

(4)

Minimum required front yard setback, 150 feet.

(5)

Minimum required rear yard setback, 50 feet.

(6)

Minimum required side yard setback for side yards not abutting a public street, 30 feet.

(7)

Minimum required side yard setback for side yards abutting a public street, 45 feet.

(8)

Minimum required setback from any boundary line of the development, 35 feet.

(9)

Minimum off-street parking/driveway requirements, two per dwelling unit. The driveway shall comply with residential design standards as designated in subsection 78-486(14) of this chapter.

(10)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure) or a total of three stories if a full or partial underground basement level is included, provided that one-half of the perimeter walls of the basement level must be at least 50 percent below grade level. For purposes of this section, a finished or unfinished attic floor with dormer windows shall not be counted as a story. In no event shall the maximum height exceed 52 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(11)

Private outdoor lighting, designed and installed not to exceed three footcandles measured at the property line of any abutting residential property unless the abutting property owners agree in writing to higher illumination standards at the time of installation.

(Ord. No. 94-54, § 1(11-404), 12-19-94; Ord. No. 95-18, § 1, 5-8-95; Ord. No. 96-04, § 2, 3-25-96; Ord. No. 2007-12, § 13, 4-23-2007)

Home occupations may be practiced on any property within an R-1 zoning district only after issuance of a permit pursuant to section 78-146 or section 78-147, provided that no such permit shall be required for general farming activities permitted under section 78-142. All permits for home occupations must be renewed with the city annually by July 1 if the home occupation is to be continued and shall expire if not renewed by such date. Failure by the occupant to renew the permit shall void the previous authorization of the home occupation use and may subject the occupant to enforcement action by the city if the home occupation use is continued at the property. All home occupation uses for which permits are required under this division shall be subject to the following limitations:

(1)

The home occupation shall be located and conducted in the dwelling unit only;

(2)

The principals and any other persons employed on the property in furtherance of the home occupation shall be residents of the dwelling unit in which it is located; provided, however, that where the board of zoning appeals finds that a hardship exists, one nonresident of the property may be employed on the property in furtherance of the home occupation on a temporary basis for a period not to exceed 12 months;

(3)

Not more than ten percent of the total floor area in the dwelling unit shall be devoted to the home occupation;

(4)

The dwelling unit shall not be used as a primary or incidental storage facility for a business, industrial, commercial or agricultural activity conducted elsewhere;

(5)

No articles, materials, goods or equipment indicative of the home occupation shall be visible from any public street or stored outside the dwelling unit;

(6)

The home occupation shall not be advertised by the display of goods or signs on the lot on which it is located;

(7)

The proposed use shall not generate noise, odor, fumes or smoke, nor create a nuisance of any kind which would adversely affect the residential character of the neighborhood in which it is located;

(8)

No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood. Except as provided for in subsection (9) below, no client or customer shall visit the property for purposes of conducting a business transaction;

(9)

Teaching, including but not limited to tutoring and art, music and dance lessons, shall be permitted provided that it is limited to one pupil at any given time; and

(10)

The provisions of this section shall not be used under any circumstances to permit driver education or any use that requires overnight parking of more than one vehicle, barbershops, beauty shops, gift shops, gun sales, florist shops or other retail activities that are traditionally conducted in a commercial zoning district.

(Ord. No. 94-54, § 1(11-405), 12-19-94; Ord. No. 96-45, §§ 3, 4, 12-9-96; Ord. No. 2002-14, § 1, 8-26-2002)

(a)

The following home occupations, when deemed to be non-traffic generating uses posing no threat to the health, safety and welfare of the citizens of the city, shall be permitted in the R-1 zoning district subject to application by the occupant and issuance of a permit by the city manager or his designee:

(1)

Artist, sculptor, author and songwriter;

(2)

Designer, planner, architect, engineer, contractor, draftsman and graphic artist; and

(3)

Accountant, lawyer, information processing, traveling salesperson, manufacturer's representative, insurance agent, real estate agent and management and financial consultant.

(b)

Any person practicing a home occupation under this section shall be required to comply with all requirements of home occupations as specified in section 78-145. In addition, no business transaction shall occur on the property other than through telecommunication devices. Failure to comply with these requirements shall result in revocation of the permit.

(c)

If, in the opinion of the city manager or his designee, the proposed home occupation fails to meet the criteria of this section or if an existing permit is revoked due to failure by the occupant to comply with requirements of the permit, the occupant shall have the right to appeal the decision to the board of zoning appeals.

(Ord. No. 94-54, § 1(11-406), 12-19-94; Ord. No. 96-45, §§ 5, 6, 12-9-96)

Customary incidental home occupations not specifically provided for under section 78-146 may be permitted, provided that no building permit, certificate of occupancy or business license for such uses shall be authorized and issued by the city without the written approval of the board of zoning appeals. Any person practicing a home occupation under this section shall be required to comply with all requirements for home occupation uses as specified in section 78-145. Failure to comply with these requirements or any additional conditions required by the board of zoning appeals may result in revocation of the permit for the home occupation by the board of zoning appeals. The approval of the board of zoning appeals shall be subject to such additional conditions and limitations as the board may require in order to preserve and protect the character of the neighborhood in which the proposed use is located.

(Ord. No. 94-54, § 1(11-407), 12-19-94; Ord. No. 96-45, § 7, 12-9-96)

(a)

Accessory buildings which are customarily incidental to the other uses permitted may be placed or constructed on any parcel within an R-1 zoning district, provided that all requirements for accessory buildings as set forth in this section are met. Each accessory building shall be placed within the buildable area of the lot, unless the board of zoning appeals grants an exception allowing the accessory building to be placed outside the buildable area. In considering a request for an exception to place an accessory building outside the buildable area, the board of zoning appeals shall consider the potential detriments or advantages to the neighboring properties and the surrounding neighborhood in general. In no event shall an accessory building within the R-1 zoning district be less than 30 feet away from any adjoining property line.

(b)

Gazebos may be placed or constructed on any parcel within an R-1 zoning district, provided that no gazebo may be less than 30 feet from any adjoining property line and no gazebo may be placed in the front yard of any parcel smaller than three acres. To the extent that a gazebo is of sufficient size to be considered an "accessory building," as defined in section 78-3, such structure shall be subject to the provisions of section 78-22.

(c)

Arbors, pergolas and similar freestanding open air structures may be placed or constructed on any parcel within an R-1 zoning district. Any such structure which is more than ten feet in height or five feet in width shall be located at least 30 feet away from any adjoining property line. Any such structure which is ten feet or less in height and five feet or less in width may be placed anywhere within the lot, unless such placement would interfere with the use and maintenance of a public easement.

(Ord. No. 94-54, § 1(11-408), 12-19-94; Ord. No. 95-36, § 1, 7-24-95; Ord. No. 99-11, § 3, 7-26-99; Ord. No. 2008-18, § 12, 11-10-2008)

(a)

No parcel within an R-1 district may be subdivided into lots less than five acres unless provisions are made by the property owner to provide sanitary sewer service from the city to each newly created lot in a manner and method acceptable to the city manager or his designee. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance for each parcel by the county health department.

(b)

For existing platted lots less than five acres, no building permit shall be issued for the construction of any single-family residence or other building allowed in this district unless the residence or other building is connected to the sanitary sewer system of the city. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department.

(Ord. No. 94-54, § 1(11-409), 12-19-94)

Residential subdivisions platted for approval under the provisions of this division may include designated open space tracts of size, location, shape and topography which will meet the intent of this division. All proposed open space designations and uses shall be subject to the review and approval of the planning commission. All facilities and improvements proposed for construction or installation by the developer in designated open spaces shall be fully bonded prior to the recording of the subdivision plat to ensure completion in accordance with the approved plan and timetable if the developer fails to complete such obligations. The following additional provisions shall apply to the designation and maintenance of open space:

(1)

Permitted open space uses. Open space may be set aside for:

a.

Private recreational facilities such as golf courses, tennis courts, clubhouses, or swimming pools for which membership is limited to the owners or occupants of the lots located within the subdivision; and,

b.

Historically significant sites, public utilities and drainage improvements, parks, parkway areas, walking/jogging and bicycle trails, extensive areas with tree cover, and land along rivers and streams or steep hillsides when such areas are extensive and have natural features worthy of scenic preservation.

(2)

Easements.

a.

For any new subdivision with designated open space tracts, the developer shall dedicate perpetual scenic easements for all portions of the open space that are to be left undisturbed and in a natural state. In addition, the developer shall dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

b.

For any existing subdivision with designated open space tracts, the homeowners association or other entity which owns the open space may, subject to the planning commission's approval, dedicate perpetual scenic easements for any portions of the open space that, in the determination of the planning commission, should be left undisturbed and in a natural state. In addition, the homeowners association or other entity which owns the open space may dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

(3)

Requirements for operation and maintenance. Operation and maintenance of designated open space in an R-1 district shall be carried out pursuant to the following provisions:

a.

Designated open space shall be deeded by the developer to a homeowners association or other organization approved by the planning commission. When such tracts are to be deeded to a homeowners association, the developer shall submit to the director of planning the legal framework for a homeowners association, with articles of incorporation and by-laws which, at a minimum, provide as follows:

1.

The homeowners association will be responsible for liability insurance, local taxes, and maintenance for the open space, including recreational and other facilities, for a period of not less than 40 years.

2.

The homeowners association shall not dispose of any designated open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open space and approved by the planning commission) without first offering to dedicate the open space to the city, provided that such dedication must be approved by the board of commissioners, following review and recommendations by the planning commission. The conditions of any transfer shall conform to the officially recorded concept development plan.

3.

The homeowners association shall not be dissolved, except upon disposal of the designated open space as provided for in this section.

4.

When more than 50 percent of the lots within the subdivision are sold, a special meeting of the homeowners association shall be called within 60 days to initiate an orderly process for transfer of control to the homeowners.

5.

The deeds to individual lots within the subdivision shall require mandatory membership in the homeowners association, convey joint ownership in all the open space within the development, and provide at a minimum that:

i.

The lot owner shall be responsible for paying a pro rata share of the costs of the homeowners association operation for a period of not less than 40 years;

ii.

The assessments levied by the association may become a lien on the property if not paid;

iii.

The association may adjust its by-laws and structure to meet changing needs;

iv.

The lot owner shall have permanent unrestricted right to use lands and facilities owned by the association; and

v.

The lot owner shall be responsible for a proportional share of any cost of maintaining designated open space incurred by the city pursuant to the provisions of this division, except where a maintenance agreement establishing other provisions has been negotiated between the city and the development, and any such costs assessed but not paid shall become a lien on the owner's property.

b.

If the organization established to own and maintain any designated open space, or any successor organization, shall at any time after the establishment of the residential subdivision fail to maintain the open space in reasonable order and condition in accordance with the officially recorded concept development plan, the city manager may serve written notice upon such organization and/or the owners of all property within the subdivision advising of such deficiencies and the right to a formal hearing regarding such deficiencies. Upon request received by the city manager within 14 days of the date of such notice, he shall conduct a hearing to allow proposals for the maintenance of such space to be heard. If such deficiencies are not corrected within 30 days, or within such time as the city manager may establish after conducting a hearing on the deficiencies, the city manager may call upon any public or private agency to maintain the open space for a period of one year. If after one year, the city manager determines that the organization is still unable or unlikely to maintain the open space, he may continue to call upon any public or private agency to maintain the space for yearly periods. The cost of maintenance shall be assessed proportionally against the properties within the residential subdivision that have a right of enjoyment of the open space, and, if not paid, shall become a lien on such properties.

(Ord. No. 94-54, § 1(11-410), 12-19-94; Ord. No. 2002-18, § 1, 10-14-2002)

(a)

The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(b)

Erosion and sediment control measures, drainage calculations and stormwater management plans shall be included with each subdivision plan presented for approval, in accordance with the requirements of chapter 56 of this Code.

(c)

Water quality riparian buffers, if required pursuant to chapter 56 of this Code, shall be identified on the subdivision plan, and shall be designated as open space, as provided for in this division. No portion of a water quality riparian buffer may be within a private lot.

(Ord. No. 2008-02, § 8, 3-24-2008; Ord. No. 2024-07, § 2, 8-26-2024)

It is the intent of this division to provide suitable areas for low density residential development characterized by traditional suburban neighborhoods so as to minimize the overall traffic impact on streets and to ensure that such development can be handled within the capacity of the sanitary sewer system of the city. Development in this district shall consist of detached single-family residences within planned subdivisions on a minimum lot size of one acre. Within the suburban residential (R-2) districts as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 94-54, § 1(11-501), 12-19-94)

The following uses are permitted within the R-2 zoning districts:

(1)

General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals and any similar agricultural uses, provided the minimum lot size is three acres.

(2)

Detached single-family residences, subject to the limitations established in section 78-19 of this Code.

(3)

Designated open space including leisure type facilities within a planned residential subdivision subject to the standards and limitations specified in section 78-171.

(4)

Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-169.

(5)

Home occupations, as defined in section 78-3, subject to the standards and limitations specified in sections 78-26 through 78-29.

(6)

Accessory uses such as:

a.

Swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-169 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard.

b.

Gazebos, subject to the standards and limitations set forth in section 78-169. To the extent that any such structure is an "accessory building," as defined in section 78-3, such structure shall also be subject to the provisions of section 78-22.

c.

Arbors, pergolas and similar freestanding open air structures, subject to the standards and limitations set forth in section 78-169.

d.

Portable storage structures, subject to the standards and limitations set forth in section 78-24.

e.

Windmills, subject to the standards and limitations set forth in section 78-25.

(7)

Bed and breakfast lodges, subject to the following requirements:

a.

A bed and breakfast lodge may be operated only by special exception granted by the board of zoning appeals. The historic commission shall provide a recommendation on any such application prior to the decision of the board of zoning appeals. A special exception granted for a bed and breakfast lodge may be contingent upon special conditions established by the board of zoning appeals in addition to the requirements herein. Failure to comply with any of the requirements herein or the special conditions established by the board of zoning appeals shall be grounds for revocation of the board's approval. A separate home occupation permit from the board of zoning appeals shall not be required for the operation of a bed and breakfast lodge.

b.

A bed and breakfast lodge may be operated only at a dwelling which has been designated as a historically significant site pursuant to section 2-181 of this Code and which is located on a lot which is either:

1.

At least four acres in size; or

2.

Served by an arterial roadway.

c.

An employee of the bed and breakfast lodge must remain on the premises overnight whenever guests are present. No more than two nonresident employees may be present at the bed and breakfast lodge at any given time.

d.

Associated food service shall be provided only to overnight visitors. The sale of merchandise, except for the sale of incidental merchandise to overnight visitors, shall be prohibited.

e.

All parking for guests and employees of the bed and breakfast lodge must be off-street. A clear access for emergency vehicles must be maintained at all times. Prior to consideration of the application by the board of zoning appeals, such emergency vehicle access shall be reviewed by the fire marshal. The fire marshal may make recommendations for improvements, which may be incorporated into any conditions of approval adopted by the board of zoning appeals. The board of zoning appeals may, at its discretion, require the applicant to submit, at the applicant's cost:

1.

A site plan, showing the proposed layout of parking areas for the property, along with ingress and egress; and/ or

2.

An opinion from a traffic engineer as to the sufficiency of the proposed ingress and egress, along with recommendations for any measures which should be taken to mitigate traffic impacts associated with the bed and breakfast lodge.

f.

The prior approval of the planning commission, following review and recommendation of the historic commission, shall be required for any structural addition on the property; any modification to the exterior of the dwelling or accessory structures; or any addition or relocation of driveways, parking areas or other similar hard surfaces. The gross floor area of any existing structure used as a bed and breakfast lodge may not be expanded more than 25 percent.

g.

The bed and breakfast lodge shall adhere to and operate within all applicable laws, regulations and guidelines established by the city, county and state. A copy of all inspection reports provided by the county or state shall be submitted to the planning and codes department. Furthermore, the lodge shall be open to inspection by representatives of the city at all times for the purpose of determining compliance with the requirements hereunder.

h.

The bed and breakfast lodge shall maintain current city and county business licenses.

(8)

Garage sales conducted by the owners or tenants of the property, provided that no person is compensated for conducting the sale, no more than two garage sales shall occur at the same location in any calendar year, and the duration of a single garage sale shall not exceed two days. Additionally, one auction or other sale to dispose of the household assets of a deceased resident or a resident who is relocating may be held at the resident's home, and the person or agency conducting such a sale may be compensated. No sale of merchandise purchased for resale shall be permitted at a garage sale.

(9)

Consignment sales conducted by the owners or tenants of the property, provided that consignment sales may only occur during the months of April and September, and between the hours of 8:00 a.m. and 6:00 p.m. No more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single consignment sale shall not exceed three days. Setup for a consignment sale shall be commenced no sooner than three days prior to the first date of the sale. No tents shall be used in conjunction with a consignment sale. Cleanup of the sale location, including removal of all sale items, signs and displays, shall be accomplished within two days following the last date of the sale. Authorization to conduct a consignment sale shall be contingent upon application by an owner or tenant of the property and issuance of a permit by the city manager or his designee. No sale of merchandise purchased for resale shall be permitted at a consignment sale.

(10)

Merchandise sales conducted in conjunction with a lawful home occupation permitted under the provisions of this chapter, but only as provided for in section 78-29 herein.

(11)

Mobile food vending associated with events conducted by homeowner or property owner associations or with other special events approved by the planning commission, provided that mobile food vending operations shall be subject to the regulations established in chapter 18, article VI of this Code. In addition, mobile food service vehicles providing pre-arranged catering services on private property are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 94-54, § 1(11-502), 12-19-94; Ord. No. 2001-15, § 2, 10-22-2001; Ord. No. 2002-14, § 3, 8-26-2002; Ord. No. 2002-21, § 4, 10-28-2002; Ord. No. 2005-23, § 4, 10-24-2005; Ord. No. 2008-18, §§ 13, 14, 11-10-2008; Ord. No. 2009-09, §§ 4—8, 9-28-2009; Ord. No. 2017-02, § 1, 2-27-2017)

Any use or structure that is not specifically permitted in the R-2 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Any use or structure for which approval of the board of zoning appeals is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 94-54, § 1(11-503), 12-19-94; Ord. No. 2002-04, § 3, 4-8-2002)

For all property within the R-2 zoning districts, the following minimum technical standards shall apply to each lot and the principal structure thereon, provided that the additional standards set forth in section 78-165 shall apply for subdivisions abutting an arterial street:

(1)

Minimum required lot area, one acre.

(2)

Maximum lot coverage by all buildings, 25 percent.

(3)

Minimum required lot width at building line, 125 feet.

(4)

Minimum required front yard setback, 75 feet.

(5)

Minimum required rear yard setback, 30 feet.

(6)

Minimum required side yard setback for side yards not abutting a public street, 20 feet.

(7)

Minimum required side yard setback for side yards abutting a public street, 30 feet.

(8)

Minimum required setback from any boundary line of the development, 35 feet.

(9)

Minimum off-street parking/driveway requirements, two per dwelling unit. The driveway shall comply with residential design standards as designated in subsection 78-486(14) of this chapter.

(10)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure) or a total of three stories if a full or partial underground basement level is included, provided that one-half of the perimeter walls of the basement level must be at least 50 percent below grade level. For purposes of this section, a finished or unfinished attic floor with dormer windows shall not be counted as a story. In no event shall the maximum height exceed 52 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(11)

Private outdoor lighting, designed and installed not to exceed three footcandles measured at the property line of any abutting residential property unless the abutting property owners agree in writing to higher illumination standards at the time of installation.

(Ord. No. 94-54, § 1(11-504), 12-29-94; Ord. No. 95-18, § 1, 5-8-95; Ord. No. 96-04, § 2, 3-25-96; Ord. No. 2007-12, § 13, 4-23-2007)

(a)

It is the intent of this section to preserve the existing character of the community through the preservation of open spaces along arterial streets and to protect against adverse traffic conditions by encouraging safe vehicular access to and from arterial streets. For all lots of less than two acres in size platted within an R-2 zoning district after January 1, 1995, a buffer strip with a minimum width of 50 feet shall be required between such lots and the right-of-way of any arterial street as defined in article VII of this chapter. The right-of-way of the arterial street from which the buffer strip is to be measured shall be as determined by the planning commission and shall include any dedications of property for widening or other improvements. The buffer strip shall consist of plantings and physical features sufficient to screen direct view of the street, reduce glare and noise, and provide greater privacy for the adjoining residences. A landscaping and screening plan for the buffer strip shall be submitted to the planning commission for its approval at the time the preliminary plat is submitted. The buffer strip shall be included as part of the designated open space for the subdivision and shall be subject to all regulations regarding designated open space as set forth in this division.

(b)

For each lot platted within an R-2 zoning district after January 1, 1995, and abutting an arterial street as defined in article VII of this chapter or a buffer strip as required by subsection (a) of this section, the following additional technical standards shall apply to the lot and the principal structure thereon:

(1)

All principal structures and driveways on lots of less than two acres in size shall be oriented to internal streets within the subdivision development.

(2)

Except where permitted for lots of two acres or more in size abutting an arterial street, there shall be no direct vehicle access to the arterial street.

(3)

The minimum setback from a buffer strip shall be 100 feet. For lots of two acres or more in size which abut an arterial street, the minimum setback from the arterial street shall be 150 feet.

(4)

No accessory buildings shall be permitted on any such lots of less than two acres in size.

(c)

For each lot platted within an R-2 zoning district after January 1, 1995, the required setback for any side yard abutting a lot on which the principal structure faces an arterial street shall be 30 feet.

(Ord. No. 94-54, § 1(11-505), 12-19-94)

Home occupations may be practiced on any property within an R-2 zoning district only after issuance of a permit pursuant to section 78-167 or section 78-168, provided that no such permit shall be required for general farming activities permitted under section 78-162. All permits for home occupations must be renewed with the city annually by July 1 if the home occupation is to be continued and shall expire if not renewed by such date. Failure by the occupant to renew the permit shall void the previous authorization of the home occupation use and may subject the occupant to enforcement action by the city if the home occupation use is continued at the property. All home occupation uses for which permits are required under this division shall be subject to the following limitations:

(1)

The home occupation shall be located and conducted in the dwelling unit only;

(2)

The principals and any other persons employed on the property in furtherance of the home occupation shall be residents of the dwelling unit in which it is located; provided, however, that where the board of zoning appeals finds that a hardship exists, one nonresident of the property may be employed on the property in furtherance of the home occupation on a temporary basis for a period not to exceed 12 months;

(3)

Not more than ten percent of the total floor area in the dwelling unit shall be devoted to the home occupation;

(4)

The dwelling unit shall not be used as a primary or incidental storage facility for a business, industrial, commercial or agricultural activity conducted elsewhere;

(5)

No articles, materials, goods or equipment indicative of the home occupation shall be visible from any public street or stored outside the dwelling unit;

(6)

The home occupation shall not be advertised by the display of goods or signs on the lot on which it is located;

(7)

The proposed uses shall not generate noise, odor, fumes or smoke, nor create a nuisance of any kind which would adversely affect the residential character of the neighborhood in which it is located;

(8)

No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood. Except as provided for in subsection (9) below, no client or customer shall visit the property for purposes of conducting a business transaction;

(9)

Teaching, including but not limited to tutoring and art, music and dance lessons, shall be permitted provided that it is limited to one pupil at any given time; and

(10)

The provisions of this section shall not be used under any circumstances to permit driver education or any use that requires overnight parking of more than one vehicle, barbershops, beauty shops, gift shops, gun sales, florist shops or other retail activities that are traditionally conducted in a commercial zoning district.

(Ord. No. 94-54, § 1(11-506), 12-19-94; Ord. No. 96-45, §§ 3, 4, 12-9-96; Ord. No. 2002-14, § 1, 8-26-2002)

(a)

The following home occupations, when deemed to be non-traffic generating uses posing no threat to the health, safety and welfare of the citizens of the city, shall be permitted in the R-2 zoning district subject to application by the occupant and issuance of a permit by the city manager or his designee:

(1)

Artist, sculptor, author and songwriter;

(2)

Designer, planner, architect, engineer, contractor, draftsman and graphic artist; and

(3)

Accountant, lawyer, information processing, traveling salesperson, manufacturer's representative, insurance agent, real estate agent, and management and financial consultant.

(b)

Any person practicing a home occupation under this section shall be required to comply with all requirements of home occupations as specified in section 78-166. In addition, no business transection shall occur on the property other than through telecommunication devices. Failure to comply with these requirements shall result in revocation of the permit.

(c)

If, in the opinion of the city manager or his designee, the proposed home occupation fails to meet the criteria of this section or if an existing permit is revoked due to failure by the occupant to comply with requirements of the permit, the occupant shall have the right to appeal the decision to the board of zoning appeals.

(Ord. No. 94-54, § 1(11-507), 12-19-94; Ord. No. 96-45, §§ 5, 6, 12-9-96)

Customary incidental home occupations not specifically provided for under section 78-167 may be permitted, provided that no building permit, certificate of occupancy or business license for such uses shall be authorized and issued by the city without the written approval of the board of zoning appeals. Any person practicing a home occupation under this section shall be required to comply with all requirements for home occupation uses as specified in section 78-166. Failure to comply with these requirements or any additional conditions required by the board of zoning appeals may result in revocation of the permit for the home occupation by the board of zoning appeals. The approval of the board of zoning appeals shall be subject to such additional conditions and limitations as the board may require in order to preserve and protect the character of the neighborhood in which the proposed use is located.

(Ord. No. 94-54, § 1(11-508), 12-19-94; Ord. No. 96-45, § 7, 12-9-96)

(a)

Except where prohibited by section 78-165, accessory buildings which are customarily incidental to the other uses permitted in this division may be placed or constructed on any parcel within an R-2 zoning district, provided that all requirements for accessory buildings as set forth in this section 78-22 are met. Each accessory building shall be placed within the buildable area of the lot, unless the board of zoning appeals grants an exception allowing the accessory building to be placed outside the buildable area. In considering a request for an exception to place an accessory building outside the buildable area, the board of zoning appeals shall consider the potential detriments or advantages to the neighboring properties and the surrounding neighborhood in general. In no event shall an accessory building within the R-2 zoning district be less than 20 feet away from any adjoining property line.

(b)

Gazebos may be placed or constructed on any parcel within an R-2 zoning district, provided that no gazebo may be less than 20 feet from any adjoining property line and no gazebo may be placed in the front yard of any parcel smaller than three acres. To the extent that a gazebo is of sufficient size to be considered an "accessory building," as defined in section 78-3, such structure shall be subject to the provisions of section 78-22.

(c)

Arbors, pergolas and similar freestanding open air structures may be placed or constructed on any parcel within an R-2 zoning district. Any such structure which is more than ten feet in height or five feet in width shall be located at least 20 feet away from any adjoining property line. Any such structure which is ten feet or less in height and five feet or less in width may be placed anywhere within the lot, unless such placement would interfere with the use and maintenance of a public easement.

(Ord. No. 94-54, § 1(11-509), 12-19-94; Ord. No. 95-36, § 1, 7-24-95; Ord. No. 99-11, § 3, 7-26-99; Ord. No. 2008-18, § 15, 11-10-2008)

(a)

No parcel within an R-2 district may be subdivided into lots less than five acres unless provisions are made by the property owner to provide sanitary sewer service from the city to each newly created lot in a manner and method acceptable to the city manager or his designee. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance for each parcel by the county health department.

(b)

For existing platted lots less than five acres, no building permit shall be issued for the construction of any single-family residence or other building allowed in this district unless the residence or other building is connected to the sanitary sewer system of the city. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department.

(Ord. No. 94-54, § 1(11-510), 12-19-94)

Residential subdivisions platted for approval under the provisions of this division may include designated open space tracts of size, location, shape and topography which will meet the intent of this division. All proposed open space designations and uses shall be subject to the review and approval of the planning commission. All facilities and improvements proposed for construction or installation by the developer in designated open spaces shall be fully bonded prior to the recording of the subdivision plat to ensure completion in accordance with the approved plan and timetable if the developer fails to complete such obligations. The following additional provisions shall apply to the designation and maintenance of open space:

(1)

Permitted open space uses. Open space may be set aside for:

a.

Private recreational facilities such as golf courses, tennis courts, clubhouses, or swimming pools for which membership is limited to the owners or occupants of the lots located within the subdivision; and

b.

Historically significant sites, public utilities and drainage improvements, parks, parkway areas, walking/jogging and bicycle trails, extensive areas with tree cover, and land along rivers and streams

or steep hillsides when such areas are extensive and have natural features worthy of scenic preservation.

(2)

Easements.

a.

For any new subdivision with designated open space tracts, the developer shall dedicate perpetual scenic easements for all portions of the open space that are to be left undisturbed and in a natural state. In addition, the developer shall dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

b.

For any existing subdivision with designated open space tracts, the homeowners association or other entity which owns the open space may, subject to the planning commission's approval, dedicate perpetual scenic easements for any portions of the open space that, in the determination of the planning commission, should be left undisturbed and in a natural state. In addition, the homeowners association or other entity which owns the open space may dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

(3)

Requirements for operation and maintenance. Operation and maintenance of designated open space in an R-2 district shall be carried out pursuant to the following provisions:

a.

Designated open space shall be deeded by the developer to a homeowners association or other organization approved by the planning commission. When such tracts are to be deeded to a homeowners association, the developer shall submit to the director of planning the legal framework for a homeowners association, with articles of incorporation and by-laws which, at a minimum, provide as follows:

1.

The homeowners association will be responsible for liability insurance, local taxes, and maintenance for the open space, including recreational and other facilities, for a period of not less than 40 years.

2.

The homeowners association shall not dispose of any designated open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open space and approved by the planning commission) without first offering to dedicate the open space to the city, provided that such dedication must be approved by the board of commissioners, following review and recommendations by the planning commission. The conditions of any transfer shall conform to the officially recorded concept development plan.

3.

The homeowners association shall not be dissolved, except upon disposal of the designated open space as provided for in this section.

4.

When more than 50 percent of the lots within the subdivision are sold, a special meeting of the homeowners association shall be called within 60 days to initiate an orderly process for transfer of control to the homeowners.

5.

The deeds to individual lots within the subdivision shall require mandatory membership in the homeowners association, convey joint ownership in all the open space within the development, and provide at a minimum that:

i.

The lot owner shall be responsible for paying a pro rata share of the costs of the homeowners association operation for a period of not less than 40 years;

ii.

The assessments levied by the association may become a lien on the property if not paid;

iii.

The association may adjust its by-laws and structure to meet changing needs;

iv.

The lot owner shall have permanent unrestricted right to use lands and facilities owned by the association; and

v.

The lot owner shall be responsible for a proportional share of any cost of maintaining designated open space incurred by the city pursuant to the provisions of this division, except where a maintenance agreement establishing other provisions has been negotiated between the city and the development, and any such costs assessed but not paid shall become a lien on the owner's property.

b.

If the organization established to own and maintain any designated open space, or any successor organization, shall at any time after the establishment of the residential subdivision fail to maintain the open space in reasonable order and condition in accordance with the officially recorded concept development plan, the city manager may serve written notice upon such organization and/or the owners of all property within the subdivision advising of such deficiencies and the right to a formal hearing regarding such deficiencies. Upon request received by the city manager within 14 days of the date of such notice, he shall conduct a hearing to allow proposals for the maintenance of such space to be heard. If such deficiencies are not corrected within 30 days, or within such time as the city manager may establish after conducting a hearing on the deficiencies, the city manager may call upon any public or private agency to maintain the open space for a period of one year. If after one year, the city manager determines that the organization is still unable or unlikely to maintain the open space, he may continue to call upon any public or private agency to maintain the space for yearly periods. The cost of maintenance shall be assessed proportionally against the properties within the residential subdivision that have a right of enjoyment of the open space, and, if not paid, shall become a lien on such properties.

(Ord. No. 94-54, § 1(11-511), 12-19-94; Ord. No. 2002-18, § 1, 10-14-2002)

(a)

The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(b)

Erosion and sediment control measures, drainage calculations and stormwater management plans shall be included with each subdivision plan presented for approval, in accordance with the requirements of chapter 56 of this Code.

(c)

Water quality riparian buffers, if required pursuant to chapter 56 of this Code, shall be identified on the subdivision plan, and shall be designated as open space, as provided for in this division. No portion of a water quality riparian buffer may be within a private lot.

(Ord. No. 2008-02, § 8, 3-24-2008; Ord. No. 2024-07, § 3, 8-26-2024)

It is the intent of the C-1 commercial office district to provide adequate and suitable space for general office uses. Permitted office uses are those which, excluding employees, tend to attract relatively small numbers of people and generate small volumes of traffic. These districts are appropriately located and serve as transitional uses between districts characterized by lower density residential development and areas of more intensive commercial activities, or are extensions along major traffic arteries from areas used for more intensive commercial purposes. Regulations for this district are designed to maximize compatibility with adjacent residential districts. Within the C-1 commercial office districts as shown on the zoning map of the city the regulations set out in this division shall apply.

(Ord. No. 95-30, § 1(11-701), 6-26-95)

The following uses are permitted in the C-1 commercial office district:

(1)

General office uses such as executive, management and administrative offices of private and public for-profit and nonprofit organizations.

(2)

Offices providing banking, financial, insurance and real estate brokerage services.

(3)

Offices providing advice, design, information or consultation of a professional nature.

(4)

Offices of physicians, dentists and other medically oriented practitioners providing medical testing, analysis and personal treatment services.

(5)

Offices providing communication services involving only minor processing operations such as multicopy, photostat, blueprinting and similar reproduction services, as well as custom printing operations.

(6)

Customer service functions of the United States Postal Service, including postage sales, post office box rentals and mail drop-off.

(7)

Service/institution uses such as continuing education programs, churches, funeral homes, day care facilities, community centers, convalescent homes and freestanding retirement/assisted living facilities for senior citizens ages 62 and older.

(8)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code.

(9)

In any C-1 office building having at least 50,000 square feet of gross floor area, certain retail uses and services shall be permitted primarily for the convenience of the occupants, and their patients, clients or customers. The permitted retail and service uses shall not exceed ten percent of the gross floor area of the first floor of the building. Except for required emergency egress, such uses shall not be directly accessible from the exterior of the building and no drive-through service shall be permitted. In addition, no for the business shall be permitted at the building, provided that window signs complying with section 78-420 of this Code may be used. The following retail and service uses shall be permitted:

a.

Barber shops and hairstylists.

b.

Coffee shop, café and food services.

c.

Dry cleaning, pressing, clothing alterations and laundry pickup stations (no on-site cleaning, pressing or laundering permitted.)

d.

Book, newspaper, stationary, office supply, florist and gift shops.

e.

Shoeshine services.

f.

Health and fitness club.

(10)

Accessory uses or structures customarily incidental to the above permitted uses.

(11)

Any other business or service oriented office use which in the opinion of the planning commission is in keeping with the character and intent of the district.

(Ord. No. 95-30, § 1(11-702), 6-26-95; Ord. No. 98-19, § 1, 9-28-98; Ord. No. 2008-15, § 1, 8-25-2008; Ord. No. 2017-02, § 2, 2-27-2017)

Subject to appropriate conditions and safeguards as may be required by the planning commission, the following temporary uses may be permitted in the C-1 commercial office district.

(1)

Limited duration outdoor displays of foods or merchandise not generally sold throughout the year; and

(2)

Limited duration uses such as carnivals, street fairs, sales, etc.

(Ord. No. 95-30, § 1(11-703), 6-26-95)

Any use or structure that is not specifically permitted in the C-1 commercial office district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Sexually oriented businesses are specifically prohibited in the C-1 commercial office district.

(Ord. No. 95-30, § 1(11-704), 6-26-95; Ord. No. 98-12, § 2, 6-22-98; Ord. No. 2002-04, § 3, 4-8-2002)

For all developments within the C-1 district, the following technical standards shall apply:

(1)

Minimum required lot size, one-half acre.

(2)

Minimum required front yard abutting a local street (as designated in article VII of this chapter), 30 feet.

(3)

Minimum required rear yard, 20 feet.

(4)

Minimum required side yards (not on corner lot), 20 feet.

(5)

Minimum side yard for corner lots abutting a local street, 30 feet.

(6)

Minimum front, side and rear yards abutting a collector or arterial street (as designated in article VII of this chapter), 50 feet.

(7)

Minimum front, side and rear yards abutting a residential district, 100 feet.

(8)

Height limitation for structures: a maximum of three stories or 46 feet, excluding parapets up to 42 inches in height, stair bulkheads and mechanical and elevator penthouse enclosures, subject to allowable increases in height as provided below.

(9)

Allowable increase in height of structure: The planning commission, after public notice and hearing, may approve structures not to exceed four stories or 60 feet, subject to the following exceptions and conditions:

a.

Parapets up to 42 inches in height, stair bulkheads and mechanical and elevator penthouse enclosures shall be excluded from the measurement of building height and calculation of stories.

b.

Finished basement floor space and underground parking levels shall be excluded from the measurement of building height and calculation of stories when at least 50 percent of the total area of the perimeter walls for the basement or underground parking level is below the outside grade level abutting the structure after site construction is completed; provided, however, that mean sea level elevation of the apparent roofline may not exceed 824 feet for any structure located west of I-65 and north of Concord Road;

c.

The minimum front setback for any portion of the building, except for a passenger dropoff canopy, shall be 100 feet when the structure fronts an arterial or collector street and 60 feet for other public roads;

d.

The required side and rear yards shall be equal to or exceed the height of the tallest portion of the structure;

e.

The minimum required side and rear yards abutting a residential district shall be equal to or exceed two times the height of the tallest portion of the structure; and

f.

When a canopy is attached to a four-story building to permit protected passenger dropoff, the canopy may be located within the setback area provided that the canopy does not exceed 20 feet in height and 32 feet in width.

(10)

Maximum usable lot area:

a.

The maximum surface land area of the building shall not exceed 30 percent of the total lot area. Parking areas, open courts and other open space uses shall not be included in building area.

b.

For uses other than service/institution uses as noted below, no more than 80 percent of the total surface land area of a lot shall be improved with buildings, structures, parking and loading areas, streets, driveways or roadways. For service/institution uses permitted under section 78-202(6), no more than 70 percent of the total surface land area of the lot shall be improved with buildings, structures, parking and loading areas, streets, driveways or roadways.

(11)

Green space area:

a.

At least 20 percent of any commercial use and 30 percent of any service/institutional use shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any plantings or landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located on the site to provide the maximum visibility of the green space to surrounding properties and public streets.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(12)

Planned commercial developments:

a.

The planning commission may approve a master plan for the overall development of two or more tracts of land in separate ownership as a planned development as defined in section 78-3, provided that the minimum requirements set forth in section 78-11 for frontage to a public street or private access easements are met. The approved master plan shall show the location and placement of all proposed lots, buildings and open space for the entire development and shall also show any area within the development which is proposed to be arranged or grouped so as to allow for common parking, vehicle access and internal circulation, storm drainage, and signage. No site plan or subdivision plat that is inconsistent with the approved master plan shall be approved unless an amended master plan is first submitted to and approved by the planning commission.

b.

In a planned commercial development characterized by a single structure or two or more adjoined structures in separate ownership and having zero-foot side setbacks on internal lot lines, the required front, rear and side setbacks, the usable lot and green space areas, and other technical standards for this district shall be applied by the planning commission as if there were a single owner and structure on the combined tract.

c.

In a planned commercial development characterized by a single structure or two or more tracts in separate ownership and with separate structures, each lot shall meet the minimum technical standards for green space as provided in this section. If a lot in such a development is created without frontage to a public street, the planning commission shall determine which yards shall be treated as the front, rear and side yards after review and recommendation of the planning department. No lot in such a development may be created in such a way as to leave any tract of land without frontage on and/or designated access to a public street.

(Ord. No. 95-30, § 1(11-705), 6-26-95; Ord. No. 96-40, § 2, 10-28-96; Ord. 98-27, § 1, 11-23-98; Ord. No. 2001-17, § 1, 10-22-2001; Ord. No. 2014-23, § 1, 1-26-2015; Ord. No. 2019-07, § 4, 8-26-2019)

(a)

Buffer provisions: In locations where property zoned commercial abuts property zoned residential (either immediately adjacent to or across a public roadway), and a site development plan is submitted for the review and consideration of the planning commission, special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 50-foot buffer strip shall be required on the outer perimeter of the commercial building lot abutting the property currently zoned for residential use or development. No internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent yearround protection of adjacent property by visually shielding internal activities from adjoining property from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, a security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated costs of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar form of security acceptable to the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(b)

Off-street parking and loading. The number, size and design of all parking spaces, internal access ways and loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(d)

Signs. The visual transfer of business advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(e)

Vehicle access control. The location and design of all driveways and accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(f)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the minimum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(g)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(h)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval of the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no new overhead wiring in any commercial development.

(i)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(j)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(k)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(l)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(m)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new commercial development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-30, § 1(11-706), 6-26-95; Ord. No. 97-17, § 1, 8-11-97; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 11, 3-24-2008; Ord. No. 2014-07, § 3, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-30, § 1(11-707), 6-26-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-30, § 1(11-708), 6-26-95; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 12, 13, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 6, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-209, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

It is the intent of the C-2 commercial retail district to provide suitable locations for comercial retail/services and general office uses that benefit the residents of the city and are designed to be compatible with the general residential character of the community. These districts shall be suitable for a wide range of retail, office, service and institutional uses and are located where public roads are capable of handling the increased traffic volume associated with such uses. Within the C-2 commercial retail districts as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 95-30, § 1(11-801), 6-26-95)

The following uses are permitted in the C-2 commercial retail district:

(1)

General retail uses such as department stores, general merchandising, variety shops, clothing, dry goods, hardware, furniture, appliances, gift and specialty stores, grocery stores and drugstores, bookstores, electronic retailers and other similar uses.

(2)

General service uses such as banks, barber and beauty shops.

(3)

Hotels, motels and restaurants, provided that the rental and occupancy of hotel and motel units shall be limited to a nightly or weekly basis; and further provided that hotels and motels shall have an inside lobby supervised at all hours of operation, with public access to the building after dark being restricted to the lobby entrance. Ingress and egress to and from all guest rooms shall be through internal hallways.

(4)

Laundry and dry cleaners and self-service laundries.

(5)

Commercial recreation (bowling, etc.) and music and dance studios.

(6)

Gasoline service stations, theaters, photography studios and processing centers, and other similar uses.

(7)

Outdoor/indoor retail uses such as automobile sales, heavy and light equipment sales, lawn and garden sales, landscaping sales and other such retail sales.

(8)

Outdoor/indoor service uses such as repair and service facilities associated with equipment or automotive vehicles with storage permitted outside an enclosed structure.

(9)

General office uses such as executive, management and administrative offices of private and public for-profit and nonprofit organizations.

(10)

Offices providing financial, insurance and real estate brokerage services.

(11)

Offices providing advice, design, information or consultation of a professional nature.

(12)

Offices of physicians, dentists and other medically oriented practitioners providing medical testing, analysis and personal treatment services.

(13)

Offices providing communications services involving only minor processing operations, such as multicopy, photostat, blueprinting and similar reproduction services, as well as custom printing operations.

(14)

Facilities of the United States Postal Service.

(15)

Service/institution uses such as hospitals, school, churches, funeral homes, day care facilities, community centers, convalescent homes, freestanding retirement/assisted living facilities for senior citizens ages 62 and older, country clubs, fraternal clubs and lodges, and private recreational facilities and clubhouses.

(16)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code.

(17)

Accessory uses or structures customarily incidental to the above permitted uses.

(18)

Any other retail, service or office use which in the opinion of the planning commission is in keeping with the character and intent of the district.

(Ord. No. 95-30, § 1(11-802), 6-26-95; Ord. No. 98-14, § 2, 6-22-98; Ord. No. 98-19, § 2, 9-28-98; Ord. No. 2017-02, § 3, 2-27-2017)

Subject to appropriate conditions and safeguards as may be required by the planning commission, the following temporary or seasonal uses may be permitted in the C-2 commercial retail district.

(1)

Limited duration outdoor displays and sales of seasonal foods or merchandise not generally sold throughout the year, subject to the following conditions:

a.

With the exception of limited duration sales of four weeks or less approved on vacant parcels or in large parking areas where such sales do not impede the safe and efficient flow of traffic, the display area shall be located on the walkways immediately adjacent to the principal structure or in a designated area immediately adjacent to the side or rear of the building that is screened from public view; and

b.

Pedestrian access shall not be impeded by the display.

(2)

Limited duration uses such as carnivals, street fairs, sales, etc.

(Ord. No. 95-30, § 1(11-803), 6-26-95)

Any use not specifically permitted in the C-2 commercial retail district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Sexually oriented businesses are specifically prohibited in the C-2 commercial retail district.

(Ord. No. 95-30, § 1(11-804), 6-26-95; Ord. No. 98-12, § 3, 6-22-98; Ord. No. 2002-04, § 3, 4-8-2002)

For all developments within the C-2 district, the following technical standards shall apply:

(1)

Minimum required lot size, one-half acre.

(2)

Minimum required front yard abutting a local street (as designated in article VII of this chapter), 30 feet.

(3)

Minimum required rear yard, 20 feet.

(4)

Minimum required side yards (not on corner lot), 20 feet.

(5)

Minimum side yard for corner lots abutting a local street, 30 feet.

(6)

Minimum front, side and rear yards abutting a collector or arterial street (as designated in article VII of this chapter), 50 feet.

(7)

Minimum front, side and rear yards abutting a residential district, 100 feet.

(8)

Height limitation for structures: a maximum of three stories or 46 feet, excluding parapets up to 42 inches in height, stair bulkheads and mechanical and elevator penthouse enclosures, subject to allowable increases in height as provided below.

(9)

Allowable increase in height of structure: The planning commission, after public notice and hearing, may approve structures not to exceed four stories or 60 feet, subject to the following exceptions and conditions:

a.

Parapets up to 42 inches in height, stair bulkheads and mechanical and elevator penthouse enclosures shall be excluded from the measurement of building height and calculation of stories.

b.

Finished basement floor space and underground parking levels shall be excluded from the measurement of building height and calculation of stories when at least 50 percent of the total area of the perimeter walls for the basement or underground parking level is below the outside grade level abutting the structure after site construction is completed; provided, however, that mean sea level elevation of the apparent roofline may not exceed 824 feet for any structure located west of I-65 and north of Concord Road;

c.

The minimum front setback for any portion of the building, except for a passenger dropoff canopy, shall be 100 feet when the structure fronts an arterial or collector street and 60 feet for other public roads;

d.

The required side and rear yards shall be equal to or exceed the height of the tallest portion of the structure;

e.

The minimum required side and rear yards abutting a residential district shall be equal to or exceed two times the height of the tallest portion of the structure; and

f.

When a canopy is attached to a four-story building to permit protected passenger dropoff, the canopy may be located within the setback area provided that the canopy does not exceed 20 feet in height and 32 feet in width.

(10)

Maximum usable lot area:

a.

The maximum surface land area of the building shall not exceed 30 percent of the total lot area. Parking areas, open courts and other open spaces uses shall not be included in building area.

b.

For uses other than service/institution uses as noted below, no more than 80 percent of the total surface land area of a lot shall be improved with buildings, structures, parking and loading areas, streets, driveways or roadways. For service/institution uses permitted under section 78-222(14), no more than 70 percent of the total surface land area of the lot shall be improved with buildings, structures, parking and loading areas, streets, driveways or roadways.

(11)

Green space area:

a.

At least 20 percent of any commercial use and 30 percent of any service/institutional use shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any plantings or landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located on the site to provide the maximum visibility of the green space to surrounding properties and public streets.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(12)

Planned commercial developments:

a.

The planning commission may approve a master plan for the overall development of two or more tracts of land in separate ownership as a planned development as defined in section 78-3, provided that the minimum requirements set forth in section 78-11 for frontage to a public street or private access easements are met. The approved master plan shall show the location and placement of all proposed lots, buildings and open space for the entire development and shall also show any area within the development which is proposed to be arranged or grouped so as to allow for common parking, vehicle access and internal circulation, storm drainage, and signage. No site plan or subdivision plat that is inconsistent with the approved master plan shall be approved unless an amended master plan is first submitted to and approved by the planning commission.

b.

In a planned commercial development characterized by a single structure or two or more adjoined structures in separate ownership and having zero-foot side setbacks on internal lot lines, the required front, rear and side setbacks, the usable lot and green space areas, and other technical standards for this district shall be applied by the planning commission as if there were a single owner and structure on the combined tract.

c.

In a planned commercial development characterized by a single structure or two or more tracts in separate ownership and with separate structures, each lot shall meet the minimum technical standards for green space as provided in this section. If a lot in such a development is created without frontage to a public street, the planning commission shall determine which yards shall be treated as the front, rear and side yards after review and recommendation of the planning department. No lot in such a development may be created in such a way as to leave any tract of land without frontage on and/or designated access to a public street.

(Ord. No. 95-30, § 1(11-805), 6-26-95; Ord. No. 96-40, § 2, 10-28-96; Ord. 98-27, § 1, 11-23-98; Ord. No. 2001-17, § 1, 10-22-2001; Ord. No. 2014-23, § 1, 1-26-2015; Ord. No. 2019-07, § 4, 8-26-2019)

(a)

Buffer provisions. In locations where property zoned commercial abuts property zoned residential (either immediately adjacent to or across a public roadway), and a site development plan is submitted for the review and consideration of the planning commission, special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 75-foot buffer strip shall be required on the outer perimeter of the commercial building lot abutting the property currently zoned for residential use or development. No internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent yearround protection of adjacent property by visually shielding internal activities from adjoining property from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, a security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar security acceptable to the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(b)

Off-street parking and loading. The number, size and design of all parking spaces, internal access ways and loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(d)

Signs. The visual transfer of business advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(e)

Vehicle access control. The location and design of all driveways and accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(f)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the mini-mum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(g)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(h)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval of the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no overhead wiring in any commercial development.

(i)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(j)

Tree management. The planting, maintenance and removal of trees in the C-2 zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(k)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(l)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(m)

Noise. Limitations on noise intensity shall apply as detailed in Chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new commercial development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-30, § 1(11-806), 6-26-95; Ord. No. 97-17, § 1, 8-11-97; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 11, 3-24-2008; Ord. No. 2014-07, § 3, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-30, § 1(11-807), 6-26-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-30, § 1(11-808), 6-26-95; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 12, 13, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 7, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-229, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

It is the intent of the C-3 commercial service-warehouse district to provide suitable locations for wholesale services, warehousing and industrial uses that pose no environmental or public health and safety risk to the residents of the city. Commercial retail/services and general office uses are also permitted. In keeping with the overall high aesthetic standards through the city, the public view of structures and uses located in this district shall be attractively screened and landscaped. Within the C-3 commercial service warehousing districts as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 95-30, § 1(11-901), 6-26-95)

The following uses are permitted in the C-3 zoning district:

(1)

Warehousing and storage activities, including:

a.

Outside storage of goods, materials and equipment where such storage does not detract from the character of the development; and

b.

Facilities offering self-service storage units on a rental basis.

(2)

Wholesaling activities, including the storage and sale from the premises of goods to other firms for resale, as well as the storage of goods on the premises and their transfer to retail outlets of the same firm.

(3)

Machine and equipment repair shops, small appliance and motor repair shops, plumbing and electrical shops and any similar use providing non-personal services which in the opinion of the planning commission is in keeping with the character and intent of the district.

(4)

Outside loading/unloading and docking facilities.

(5)

All types of industrial activities except: uses considered dangerous or unsafe, such as explosives and other hazardous materials; uses considered objectionable or a nuisance by reason of odor, dust, fumes, smoke, noise, vibration, refuse matter or water-carried wastes; and uses considered objectionable by reason of adverse effect on adjoining uses, such as junk or salvage yards.

(6)

General retail uses such as department stores, general merchandising, variety shops, clothing, dry goods, hardware, furniture, appliances, gift and specialty stores, grocery stores and drugstores, bookstores, electronic retailers and other similar uses.

(7)

General services uses such as banks, barbers and beauty shops.

(8)

Hotels, motels, extended stay hotels, and restaurants, provided that the rental and occupancy of units shall be limited to a maximum period of 30 days in an extended stay hotel and to a nightly or weekly basis in a hotel or motel which is not an extended stay hotel; and further provided that hotels, motels and extended stay hotels shall have an inside lobby supervised at all hours of operation, with public access to the building after dark being restricted to the lobby entrance. Ingress and egress to and from all guest rooms shall be through internal hallways.

(9)

Laundry and dry cleaners and self-service laundries.

(10)

Commercial recreation (bowling, etc.) and music and dance studios.

(11)

Gasoline service stations.

(12)

Theaters, photography studios and processing centers, and other similar uses.

(13)

Outdoor/indoor uses such as automobile sales, heavy and light equipment sales, lawn and garden sales, landscaping sales, and other such retail sales.

(14)

Indoor firing ranges, subject to the requirements of subsection 42-161(f) of the Code of Ordinances, as the same may be amended or replaced.

(15)

Outdoor/indoor services such as repair and service facilities associated with equipment or automotive vehicles with storage permitted outside an enclosed structure.

(16)

General offices uses such as executive, management and administrative offices of private and public for-profit and nonprofit organizations.

(17)

Offices providing financial, insurance and real estate brokerage services.

(18)

Offices providing advice, design, information or consultation of a professional nature.

(19)

Offices of physicians, dentists and other medically oriented practitioners providing medical testing, analysis and personal treatment services.

(20)

Offices providing communication services involving only minor processing operations such as multicopy, photostats, blueprinting and similar reproduction services, as well as custom printing operations.

(21)

Facilities of the United States Postal Service.

(22)

Service/institution uses such as hospitals, schools, churches, funeral homes, day care facilities, community centers, convalescent homes, freestanding retirement/assisted living facilities for senior citizens ages 62 and older, country clubs, fraternal clubs and lodges, and private recreational facilities and clubhouses.

(23)

Sexually oriented businesses, but only as permitted under section 78-249 herein.

(24)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code.

(25)

Accessory uses or structures customarily incidental to the above permitted uses.

(26)

Any other retail, service or office use which in the opinion of the planning commission is in keeping with the character and intent of the district.

(Ord. No. 95-30, § 1(11-902), 6-26-95; Ord. No. 98-12, § 4, 6-22-98; Ord. No. 98-14, § 3, 6-22-98; Ord. No. 98-19, § 3, 9-28-98; Ord. No. 2005-10, § 1, 10-24-2005; Ord. No. 2015-04, § 1, 6-22-2015; Ord. No. 2017-02, § 4, 2-27-2017)

Subject to appropriate conditions and safeguards as may be required by the planning commission, the following temporary or seasonal uses may be permitted in the C-3 zoning district:

(1)

Limited duration outdoor displays and sales of seasonal foods or merchandise not generally sold throughout the year subject to the following conditions:

a.

With the exception of limited duration sales of four weeks or less approved on vacant parcels or in large parking areas where such sales do not impede the safe and efficient flow of traffic, the display area shall be located on the walkways immediately adjacent to the principal structure or in a designated area immediately adjacent to the side or rear of the building that is screened from public view; and

b.

Pedestrian access shall not be impeded by the display.

(2)

Limited duration uses such as carnivals, street fairs, sales, etc.

(Ord. No. 95-30, § 1(11-903), 6-26-95)

Any use or structure that is not specifically permitted in the C-3 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 95-30, § 1(11-904), 6-26-95; Ord. No. 2002-04, § 3, 4-8-2002)

For all developments within the C-3 district, the following technical standards shall apply:

(1)

Minimum required lot size, one-half acre.

(2)

Minimum required front yard abutting a local street (as designated in article VII of this chapter), 30 feet.

(3)

Minimum required rear yard, 20 feet.

(4)

Minimum required side yards (not on corner lots), 20 feet.

(5)

Minimum side yard for corner lots abutting a local street, 30 feet.

(6)

Minimum front, side and rear yards abutting a collector or arterial street (as designated in article VII of this chapter), 50 feet.

(7)

Minimum front, side and rear yards abutting a residential district, 100 feet.

(8)

Height limitation for structures: a maximum of three stories or 42 feet excluding mechanical penthouse.

(9)

Allowable increase in height of structure: The planning commission, after public notice and hearing, may approve structures not to exceed four stories or 56 feet, excluding mechanical penthouse, subject to the following conditions:

a.

The minimum front setback for any portion of the building, except for a passenger dropoff canopy, shall be 100 feet when the structure fronts an arterial or collector street and 60 feet for other public roads;

b.

The required side and rear yards shall be equal to or exceed the height of the tallest portion of the structure;

c.

The minimum required side and rear yards abutting a residential district shall be equal to or exceed two times the height of the tallest portion of the structure; and

d.

When a canopy is attached to a four-story building to permit protected passenger dropoff, the canopy may be located within the setback area provided that the canopy does not exceed 20 feet in height and 32 feet in width.

(10)

Maximum usable lot area:

a.

The maximum surface land area of the building shall not exceed 30 percent of the total lot area. Parking areas, open courts and other open space uses shall not be included in building area.

b.

For uses other than service/institution uses as noted below, no more than 80 percent of the total surface land area of a lot shall be improved with buildings, structures, parking and loading areas, streets, driveways or roadways. For service/institution uses permitted under section 78-242(20), no more than 70 percent of the total surface land area of the lot shall be improved with buildings structures, parking and loading areas, streets, driveways or roadways.

(11)

Green space area:

a.

At least 30 percent of any service/institutional use, 40 percent of any extended stay hotel site, and 20 percent of any other site shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any plantings or landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located on the site to provide the maximum visibility of the green space to surrounding properties and public streets.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(12)

Planned commercial developments:

a.

The planning commission may approve a master plan for the overall development of two or more tracts of land in separate ownership as a planned development as defined in section 78-3, provided that the minimum requirements set forth in section 78-11 for frontage to a public street or private access easements are met. The approved master plan shall show the location and placement of all proposed lots, buildings and open space for the entire development and shall also show any area within the development which is proposed to be arranged or grouped so as to allow for common parking, vehicle access and internal circulation, storm drainage, and signage. No site plan or subdivision plat that is inconsistent with the approved master plan shall be approved unless an amended master plan is first submitted to and approved by the planning commission.

b.

In a planned commercial development characterized by a single structure or two or more adjoined structures in separate ownership and having zero-foot side setbacks on internal lot lines, the required front, rear and side setbacks, the usable lot and green space areas, and other technical standards for this district shall be applied by the planning commission as if there were a single owner and structure on the combined tract.

c.

In a planned commercial development characterized by a single structure or two or more tracts in separate ownership and with separate structures, each lot shall meet the minimum technical standards for green space as provided in this section. If a lot in such a development is created without frontage to a public street, the planning commission shall determine which yards shall be treated as the front, rear and side yards after review and recommendation of the planning department. No lot in such a development may be created in such a way as to leave any tract of land without frontage on and/or designated access to a public street.

(Ord. No. 95-30, § 1(11-905), 6-26-95; Ord. No. 96-40, § 2, 10-28-96; Ord. No. 98-14, § 4, 6-22-98; Ord. No. 98-27, § 1, 11-23-98; Ord. No. 2001-17, § 1, 10-22-2001; Ord. No. 2003-15, § 1, 8-25-2003; Ord. No. 2019-07, § 4, 8-26-2019)

(a)

Buffer provisions. In locations where property zoned commercial abuts property zoned residential (either immediately adjacent to or across a public roadway), and a site development plan is submitted for the review and consideration of the planning commission, special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 100-foot buffer strip shall be required on the outer perimeter of the commercial building lot and the property currently zoned for residential use or development. No internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent year-round protection of adjacent property by visually shielding internal activities from adjoining property from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, a security acceptable by the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or a similar form of security acceptable by the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(b)

Off-street parking and loading. The number, size and design of all parking spaces, internal access ways and loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(d)

Signs. The visual transfer of business advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(e)

Vehicle access control. The location and design of all driveways and accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(f)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the minimum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(g)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(h)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval of the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no overhead wiring in any commercial development.

(i)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(j)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(k)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(l)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(m)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new commercial development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-30, § 1(11-906), 6-26-95; Ord. No. 97-17, § 1, 8-11-97; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 11, 3-24-2008; Ord. No. 2014-07, § 3, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-30, § 1(11-907), 6-26-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-30, § 1(11-908), 6-26-95; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 12, 13, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 8, 8-26-2024)

(a)

Sexually oriented businesses shall be permitted only within the C-3 zoning district and shall not be permitted on any property which is within 500 feet of:

(1)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2)

A public or private educational or child care facility, including but not limited to day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities, and the school grounds of any such facility, provided that this requirement shall not apply to facilities used primarily for another purpose and only incidentally as a school;

(3)

A boundary of any residential zoning district or the property line of a lot devoted to a residential use, including single-family detached and attached dwellings, nursing homes and assisted living facilities;

(4)

A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land which is under the control, operation or management of any government park and recreation authority;

(5)

An entertainment business which is oriented primarily towards entertainment for children or families, including but not limited to any business featuring skating, go-carts, miniature golf, game rooms which include games intended primarily for children, or other similar recreation or entertainment; or

(6)

A funeral parlor, mausoleum or cemetery; or

(7)

Any packaged liquor store.

(b)

For the purpose of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (a). The presence of a city boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(c)

A sexually oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the commencement of operations of the sexually oriented business, of a use listed in subsection (a) within 500 feet of the sexually oriented business.

(d)

No sexually oriented business may be established or operated within 500 feet of a pre-existing sexually oriented business. For the purpose of this subsection, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the nearest portion of the building or structure used as the part of the premises where the pre-existing sexually oriented business is conducted, to the nearest property line of the premises proposed for the location of a sexually oriented business. No structure or parcel that contains any sexually oriented business shall contain any other kind of sexually oriented business.

(e)

No sexually oriented business may be enlarged so as to violate the provisions of this section.

(Ord. No. 98-12, § 4, 6-22-98)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-250, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

The C-4 commercial town center district allows a wide variety of uses, including retail, professional office, service-oriented business and/or combinations of the above uses, but encourages a more compact arrangement and pedestrian-oriented approach for development activity as compared to other commercial districts. It is the intent of the C-4 commercial town center district to encourage redevelopment of the original commercial areas of the city that were substantially developed prior to 1985. Most of the property in these areas would be nonconforming under the technical and development standards of the C-1, C-2 and C-3 commercial zoning districts, thereby making improvements to property under those zoning districts impractical or unfeasible. Within the C-4 commercial town center districts as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2010-18, § 1, 11-22-2010; Ord. No. 2015-02, § 2, 3-23-2015; Ord. No. 2015-09, §§ 1, 2, 7-27-2015)

The following uses are permitted in the C-4 commercial town center district:

(1)

General retail uses such as general merchandising, variety shops, clothing, dry goods, hardware, furniture, appliances, gift and specialty stores, antique shops, grocery and drug stores, dry cleaners, bookstores, florists, tailoring, shoe and watch repair, music and electronic retailers, sporting goods, and other similar uses.

(2)

Hotels, provided that the rental and occupancy of hotel units shall be limited to a nightly or weekly basis; and further provided that hotels shall have an inside lobby supervised at all hours of operation, with public access to the building after dark being restricted to the lobby entrance. Ingress and egress to and from all guest rooms shall be through internal hallways.

(3)

Sit-down restaurants and walk-up food services, ice cream shops, music and other live entertainment and recreational activities.

(4)

Art galleries, photography studios, picture framers, music lessons, dance studios and hair and beauty treatment.

(5)

The display and sale of vehicles and other motorized equipment, provided all such activities occur inside a building.

(6)

General office uses for executive, management and administrative functions of for-profit and not-for-profit organizations.

(7)

Offices providing banking, financial, legal, insurance, brokerage, consulting, communications, copy, printing, advertising, tutoring, real estate services, engineering, architectural, interior design, contractors and similar professional services.

(8)

Offices of physicians, dentists, optometrists and opticians, counseling services, and similar practitioners providing medical testing, analysis and personal treatment services.

(9)

Veterinary care, grooming and overnight boarding services for small animals, including dogs, cats and other animal species no larger than dogs, provided that the entire facility, including boarding areas, must be completely enclosed and constructed and maintained so that objectionable odors and noise are not emitted from the building. Such facilities may have outside exercise areas that shall not be used for overnight confinement of animals.

(10)

Offices and facilities of federal, state and local governmental agencies.

(11)

Buildings, facilities, parks and plaza areas owned by the city.

(12)

Residential units, provided that:

a.

Only those residential units for which a development plan was approved prior to March 23, 2015 shall be allowed.

b.

If a development contains more than four residential units, such units must be condominium units, and a unit owners association for the development must be established and operated pursuant to the requirements of T.C.A. § 66-27-401 et seq., or any other applicable state statute.

(13)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code.

(14)

Accessory uses or structures customarily incidental to the above permitted uses.

(15)

Any other retail, service or office use which in the opinion of the planning commission is in keeping with the character and intent of the district.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2010-18, § 2, 11-22-2010; Ord. No. 2014-22, §§ 1, 2, 1-26-2015; Ord. No. 2015-02, § 2, 3-23-2015; Ord. No. 2017-02, § 5, 2-27-2017)

Subject to appropriate conditions and safeguards as may be required by the planning commission, the following temporary or seasonal uses may be permitted in the C-4 town center district. The limitations herein shall not apply to designated areas that are located on private property adjacent to a building and are designed and authorized for regular display and sale of food or merchandise.

(1)

Limited duration outdoor displays and sales of food or merchandise not generally sold throughout the year, shall be permitted subject to the approval of the planning commission and the following conditions:

a.

The display area for a business located in a permanent structure may be on the public walkways in the front or side of the business and on open areas of the lot other than designated parking spaces. A minimum five-foot wide clearance area shall be maintained at all points on the sidewalk fronting the building to accommodate pedestrian movement. All items and displays shall be removed and placed inside the business at the close of operations daily.

b.

The display area for authorized temporary vendors in the district may be on public walkways and other public or private property or within parking areas. Such sales shall not interfere with or block the visibility of any permanent business in the area and shall be conducted at times and in a manner so as not to adversely impact pedestrian movement and the overall parking needs of the district. All items and displays shall be removed from the authorized display area at the close of authorized hours of operations daily.

(2)

Limited duration uses and events such as carnivals, street fairs, sales, etc., subject to the approval of the planning commission.

(Ord. No. 2004-01, § 5, 2-25-2004)

Any use not specifically permitted in the C-4 town center district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Sexually oriented businesses and drive-thru restaurants are specifically prohibited in the C-4 town center district.

(Ord. No. 2004-01, § 5, 2-25-2004)

For all new development or redevelopment within the C-4 district, the following technical standards shall apply:

(1)

Standard width of building at designated frontage shall be a minimum of 60 percent of lot width, with a minimum required building width of 25 feet. In cases where a 60 percent minimum lot frontage would not allow for vehicular ingress/egress on the site, required on-site parking, and/or pedestrian sidewalk access from the public sidewalk, the minimum frontage may be reduced by the planning commission. Building facades shall be delineated to reduce the apparent bulk of the building and to eliminate the appearance of a continuous facade, using a 1:3 ratio of height to facade. For example, if a building has a height of 30 feet, then the facade would be broken up in segments no longer than 90 feet in length.

(2)

Build-to line, three to 12 feet behind the public sidewalk area located in the right-of-way, provided that the planning commission may establish an alternate build-to line for buildings fronting a public park, plaza, open space or private drive or parking area. At least 70 percent of the building facade shall be maintained on the chosen build-to line. In addition, any new or renovated building shall maintain, to the greatest extent feasible, a consistent transitional front build-to-line with all storefronts or buildings previously approved or constructed under these standards and located within the same street block.

(3)

Minimum required rear setback yard, ten feet (intended for use as public utility and drainage easements.)

(4)

Minimum required side setback yard, zero. In order to achieve a continuous front building edge in the district, side yards between adjoining buildings shall be minimized to the greatest extent possible.

(5)

Building height, a minimum of two stories and maximum of four stories, with an overall limitation of 60 feet, excluding parapets up to 42 inches in height, stair bulkheads and mechanical and elevator penthouse enclosures, subject to the following exceptions and conditions:

a.

Finished basement floor space and underground parking levels shall be exempt from the measurement of building height and calculation of stories when at least 50 percent of the total area of the perimeter walls for the basement or underground parking level is below the outside grade level abutting the structure after site construction is completed; provided, however, that mean sea level elevation of the apparent roofline may not exceed 824 feet for any structure located west of I-65.

b.

The planning commission may allow covered rooftop terraces or architectural features such as cupolas and domes that extend beyond the maximum building height otherwise applicable.

c.

Parking structures within the original area zoned as C-4 in 2004 may exceed the maximum number of stories otherwise permitted hereunder, provided that the mean sea level elevation of the uppermost portion of the parking structure may not exceed 824 feet, nor shall the height of the parking structure exceed the height of any building attached to the parking structure.

d.

The planning commission may reduce the minimum two-story height requirement for ancillary buildings, including but not limited to mechanical and equipment buildings.

(6)

Maximum lot coverage:

a.

Without the use of parking incentives provided in subsection b. below, the standard floor area ratio (FAR) for each lot shall not exceed .40, or an equivalent of 17,425 square feet of occupied floor space per acre, or the FAR for existing occupied floor space on the lot if such amount is greater.

b.

In addition to the standard FAR, the maximum square footage of the building on the lot may be increased by an additional 400 square feet for each on-street, on-site structured and/or off-site parking space that is constructed and/or funded by the property owner or developer within the C-4 zoning district under a site development plan approved by the planning commission to a maximum adjusted FAR of .60, or an equivalent of 26,135 square feet of occupied floor space per acre.

c.

In recognition that certain lots in the district were redeveloped prior to the adoption of these provisions, and are generally compatible with the overall intent of this district, the planning commission may authorize the transfer of a portion of the standard allowable FAR from previously improved lots to other lots within the district. Such transfer shall have the effect of reducing the standard allowable FAR for the dedicating lot and increasing the standard allowable FAR for the receiving lot by an equivalent amount of square footage. Such agreements between property owners shall be in a legal format, acceptable to the city attorney, which ensures the restrictions run in perpetuity with the land and require the approval of the planning commission to modify or change.

(7)

Open space area:

a.

A minimum of ten percent of the lot shall be developed and maintained as open space. When possible, the location of the open space area should have high public visibility from outside the lot, but private uses including landscaped areas, sidewalks, courtyards, open patios and outdoor seating areas within the interior of the lot may also count toward the open space requirement if approved by the planning commission. In addition, land in the district that is dedicated to the city for public parks or plaza areas may count toward the open space requirement.

b.

The open space shall not include any area on the lot used for surface parking, driveways and alleys; however, areas of significant natural vegetation located anywhere on the lot may be used to meet this requirement, provided the planning commission determines that such preservation will provide overall benefit to the lot and district.

c.

The open space requirement may be reduced or eliminated by the planning commission, provided the developer contributes funding to the city sufficient to purchase and develop an equivalent amount of land in the district for public parks or plaza areas. A fee shall be established by the board of commissioners on a pro-rata acreage basis, using the projected cost of land and associated future improvements, and shall be updated periodically based on current costs for such projects.

(8)

Planned developments:

a.

The planning commission may approve a master plan for the overall development of two or more tracts of land in separate ownership as a planned development as defined in section 78-3, provided that the minimum requirements set forth in section 78-11 for frontage to a public street or private access easements are met. The approved master plan shall show the location and placement of all proposed lots, buildings and open space for the entire development and shall also show any area within the development which is proposed to be arranged or grouped so as to allow for common parking, vehicle access and internal circulation, storm drainage, and signage. No site plan or subdivision plat that is inconsistent with the approved master plan shall be approved unless an amended master plan is first submitted to and approved by the planning commission.

b.

In a planned commercial development characterized by a single structure or two or more adjoined structures in separate ownership and having zero-foot side setbacks on internal lot lines, the required front, rear and side setbacks, the usable lot and green space areas, and other technical standards for this district shall be applied by the planning commission as if there were a single owner and structure on the combined tract.

c.

If unclear, the planning commission shall determine the front, rear and side yard orientation of the buildings within a planned development for calculation of the technical standards of this district after review and recommendation of the planning department. No new lot may be created in a way that would leave any tract of land without frontage on and/or designated access to a public street.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2005-03, §§ 1, 2, 3-28-2005; Ord. No. 2010-18, § 4, 11-22-2010; Ord. No. 2014-22, §§ 3, 4, 1-26-2015; Ord. No. 2015-10, § 1, 7-27-2015; Ord. No. 2019-07, § 5, 8-26-2019)

For any new development or redevelopment within the C-4 district, the following development standards shall apply:

(1)

Street design/traffic improvements:

a.

To establish a safe, convenient and attractive pedestrian oriented environment within the town center district, the developer of any property shall be responsible for upgrading any existing substandard streets and other improvements within the existing designated public right-of-way or the primary private access easement fronting the lot if such street or easement is not built to the design standards of the district. The construction standards for the district shall be incorporated in the subdivision regulations of the city and, where applicable, the developer shall be required to dedicate right-of-way abutting the lot to the centerline of the road.

b.

When feasible or practical, the developer shall install the improvements as a part of the site development or redevelopment plan; however, recognizing that individual lots in the district will undergo redevelopment at various times over a period of years, the developer may be required by the planning commission to contribute sufficient funds to the city to pay for an equivalent share of improvements within a larger street improvement project.

c.

At such time as a development or redevelopment project occurs on a lot after a portion or all of an existing street has been upgraded by the city in the area fronting the lot, the developer will be required to reimburse the city for pro rata costs incurred to bring the section of existing street or private access easement up to the development standards of the district, including design, right-of-way and easement acquisition and construction.

d.

For any development with a proposed floor area ratio (FAR) exceeding .50 (or an equivalent of 21,780 square feet of floor space per acre) a traffic impact study shall be required pursuant to section 78-21 of this Code.

(2)

Parking:

a.

On-site parking. The number, size and design of all parking spaces and internal access ways shall comply with the off-street parking requirements set forth in article VI of this chapter, except as follows:

1.

On-site parking lots and loading areas shall be located to the rear or sides of buildings. In cases where the building fronts more than one street, the developer shall determine the principal frontage of the building, subject to approval of the planning commission.

2.

The maximum grade shall be five percent for parking areas and eight percent for driveway areas.

3.

The minimum pavement width of any driveway or parking lot aisle shall be 22 feet for two-way traffic and 15 feet for one-way traffic.

4.

With the exception of designated passenger drop off areas, service drives and loading and unloading spaces, the minimum distance between any building and any internal driveway shall be ten feet, provided that this requirement may be reduced if the planning commission determines that such minimum distance would be impractical for a particular site. The minimum distance between any building and any parking space shall be five feet.

5.

Where feasible and practical, no surface parking lot should abut a street intersection.

6.

On-site deck parking structures are encouraged where the topography is advantageous, provided the exterior finishes of the structure are compatible with the building.

7.

Shared parking lots and joint access driveways that serve multiple businesses and land uses are encouraged and shall be located at the rear and/or side of the developments, with common access to the public streets. In such arrangements, the individual businesses may not reserve specific spaces within the lot by signs or other methods.

8.

The planning commission may waive the requirement for individual loading areas to serve each lot if an acceptable plan and location for the loading and unloading of materials and merchandise is provided.

b.

Parking lot screening. Screening walls shall be built along any section of a surface parking lot that abuts the frontage line of the lot. Screening walls shall be between 36 and 42 inches in height above the grade of the abutting sidewalk and shall be faced on both sides with a masonry veneer that is similar to the material on the building. The wall shall have an opening between 42 and 48 inches wide at a location that encourages safe pedestrian movement between the parking area and sidewalk.

c.

Green space. For any development with a minimum of 20 or more on-site surface parking spaces, there shall be a minimum of 150 square feet of green space provided for every 15 parking spaces located in the affected area. Areas of green space shall not be less than 100 square feet and shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of the curb. Parking lot islands shall be planted with one three-inch caliper or greater tree for every 15 spaces. Trees shall be properly spaced for future growth and urban conditions.

d.

Street parking. On-street parallel or angled parking shall be encouraged within the street design and right-of-way for non-arterial roads in the district under the following parameters:

1.

A uniform on-street parking plan shall be incorporated for all lots located within the same block or an acceptable length of street.

2.

The developer shall be responsible for dedication of additional right-of-way on the lot for the on-street parking spaces and the associated cost for additional pavement and drainage improvements built to city standards.

3.

On-street parking spaces constructed or funded by the developer, or adjacent to the development and in existence prior to construction of the development, shall be counted toward the overall parking requirement for the property.

4.

By constructing on-street spaces to serve the lot, the developer may increase the maximum allowable FAR of the building up to 400 square feet for each space, subject to the limitations established in section 78-255(6), and provided the overall parking requirement for the building and land use under article VI of this chapter is met through the combination of on-site and on-street parking and public parking facilities.

5.

In no event shall more than 20 percent of the required parking spaces for the lot be allocated to on-street parking spaces.

e.

Public parking lot/structure. In lieu of and/or in addition to constructing on-site or on-street parking, the planning commission may allow a property owner or developer to contribute funds to the city toward the purchase of land and construction of a publicly owned surface parking lot and, if needed in the future, a public parking structure to serve the district. The following parameters shall apply:

1.

A fee shall be established by the board of commissioners for each space based on the projected cost of the land and structural improvements in the future and shall be updated periodically based on current cost estimates for the project.

2.

By funding public parking space development, the developer may increase the maximum allowable floor area ratio of the building up to 400 square feet for each space, subject to the limitations established in section 78-255(6).

3.

The public parking lot/structure must be convenient to the development and in no case, more than 800 feet away, measured by the closest walking distance along the public right-of-way and/or by any pedestrian easements available to the public that are located on private property.

4.

In no event shall more than 40 percent of the required parking spaces for the lot be allocated to the public parking lot/structure.

(3)

Sidewalks:

a.

Sidewalks shall be constructed in the right-of-way on both sides of the streets serving the town center district with a minimum width of ten feet from the back of curb. In addition, at least three to eight additional feet of sidewalk width shall be required on each private lot immediately fronting a street, thereby making the effective minimum width of the usable sidewalk in front of the building a minimum of 13 to 18 feet. A minimum usable sidewalk width of 18 feet shall be required for all Franklin Road right-of-way and a minimum usable sidewalk width of 13 feet shall be required for all other street right-of-way within the town center district. A pedestrian access easement shall be required for the section of sidewalk that extends beyond the right-of-way. The sidewalks in the district shall be constructed to a uniform design standard for the district approved by the planning commission.

b.

Sidewalk cafes and similar outdoor seating areas may be permitted by the planning commission on the public and private sidewalk areas, subject to the use being incidental to the adjacent indoor restaurant. A minimum five-foot wide clearance area shall be maintained at all points on the sidewalk fronting the building to accommodate pedestrian movement.

(4)

Outdoor lighting:

a.

Street. To maintain adequate visibility for pedestrians and drivers at night and to provide a distinct identity within the town center district, the developer or property owner shall install ornamental street lighting in the area of the development fronting a public street. The lighting shall be installed to a uniform design standard for the district approved by the planning commission. The poles shall be no greater than 16 feet in height and located in the sidewalk behind the curb at intervals sufficient to prevent excessive dark spots for pedestrians and drivers.

b.

Lot area. Adequate outside lighting shall be provided to cover private parking areas and other open areas on the rear and side areas of the lot. Such lighting shall be designed for security purposes but shall be arranged to minimize unnecessary glare and reflection on adjacent lots and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination as designed and installed meets this objective.

(5)

Landscaping/beautification:

a.

Street trees. Trees shall be planted in the sidewalk area in designated tree wells or tree/planting beds in front of the building between the street curb and the travel zone of the sidewalk at a spacing of every 30—40 linear feet. Each street tree shall be planted in topsoil or structural soils with a minimum of 100 square feet of surface area and a minimum depth of three feet for the root zone. The location and placement of street trees shall be coordinated in a manner as to not interfere with street lighting. Trees which are in the public right-of-way or pedestrian paths of travel shall also comply with any ADA clearance requirements, both at grade and at the tree canopy. The type, caliper and location for the trees shall be determined by the planning commission based on a uniform design standard that is subject to review and recommendations from the tree committee. The trees shall be suitable for urban conditions and provide minimum interference to the operation of businesses, pedestrian use of the sidewalk and the effectiveness of street lighting. A power source shall be provided for seasonal lighting and/or for up-lighting of the trees.

b.

Street furniture. The planning commission may require the developer to provide benches, trash receptacles, bollards, and/or bicycle racks to serve the business on the right-of-way abutting the business. The type of street furniture shall meet the uniform design standard for the district as approved by the planning commission.

c.

Landscaping. Attractive low maintenance landscaping geared to scale of development in the district and urban conditions shall be incorporated into the designated open space and parking areas of the lot to the greatest extent feasible. Acceptable plantings shall include trees planted in locations with sufficient growing space to reach full maturity, hedges, flower beds, planters, fountains, etc. An irrigation system shall be provided to ensure long-term survival of the plantings.

(6)

Signs. The visual transfer of business advertising and other information through the use of signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter. The type, location and lighting of signs other than temporary signs, sandwich board signs and decorative banners shall be approved by the planning commission as a part of the approval process for the building design. Except for temporary signs allowed under article V, no freestanding signs shall be permitted.

(7)

Vehicle access control. The location and design of all driveways and accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter; however, in recognition of a more compact arrangement of mixed use development in the district, the planning commission may grant exceptions to the technical standards related to minimum distances of driveways from intersections and property lines and minimum radius of driveway curves. The use of shared driveways and rear service lanes to access public streets shall be encouraged to the greatest extent feasible and practical. Service entrances and overhead doors shall not be permitted to face or access a public street directly.

(8)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city. Underground stormwater detention facilities should be used when feasible and practical.

(9)

Utility provisions. All developments shall be served by public sanitary sewer and water lines of a minimum eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. To the greatest extent feasible and practical, all new electric, telephone and similar distribution lines and wiring serving the district shall be installed underground. In addition, there shall be no overhead wiring to serve newly developed or redeveloped lots in the district. The placement of any utilities within the public sidewalk shall be coordinated with the locations of proposed street trees.

(10)

Solid waste. Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code. In addition, when possible, waste storage areas should also have overhead screening or some sort of roof structure that is compatible with the main building's roof.

(11)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment, communication equipment and similar facilities shall be screened from public view to the maximum extent possible, using landscaping or durable materials acceptable to the planning commission.

(12)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new commercial development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(13)

Public safety.

a.

Alarm systems. All newly constructed buildings and all substantially renovated or improved buildings in the district shall be required to have and maintain automatic burglar alarms. In addition, hold-up alarms shall be required in all retail establishments.

b.

Sprinkler systems. An automatic sprinkler system shall be installed in any parking structure in the district if required by applicable provisions of the currently adopted building code or fire code. Any other newly constructed building or substantially renovated or improved building in the district shall be required to have an automatic sprinkler system if:

1.

The building exceeds two stories in height; or

2.

The building is located within 15 feet of an adjacent building or separate lot of record; or

3.

An automatic sprinkler system is otherwise required by applicable provisions of the currently adopted building code or fire code.

c.

The enhanced public safety features installed and maintained pursuant to this subsection shall be subject to review and approval by the fire chief and police chief or their designees.

d.

"Substantially renovated or improved," as used in this subsection, shall mean any building where more than 50 percent of the existing structure is modified by construction activity. In no event shall the requirements of this subsection supersede any building or fire code requirement that is stricter than the above standards.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2005-03, §§ 3—14, 3-28-2005; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 14, 3-24-2008; Ord. No. 2009-03, § 1, 4-27-2009; Ord. No. 2010-18, §§ 4—8, 11-22-2010; Ord. No. 2014-22, § 5, 1-26-2015; Ord. No. 2014-07, 2-9-2015; Ord. No. 2015-02, §§ 3, 4, 2-23-2015; Ord. No. 2015-09, § 3, 7-27-2015; Ord. No. 2015-10, §§ 2—4; Ord. No. 2016-04, § 2, 7-25-2016)

(a)

Purpose of standards. As the intent of the C-4 town center district is to encourage redevelopment of the area into a more compact, mixed use, pedestrian oriented development, the following minimum design standards are established. Such standards are further needed to encourage and protect the investment of individual property owners when their property is redeveloped and improved. Accordingly, any new building or redevelopment of an existing property in the district shall be designed and constructed to be architecturally compatible in materials, scale and massing. Such standards are not intended to create a monolithic architectural appearance in the district, but to encourage creative and attractive building elements and finishes.

(b)

Pattern book/guidelines. In order to create a better understanding of design and site planning expectations for the district, the board of commissioners may additionally adopt by resolution a set of design standards or pattern book that provides guidelines for new construction including architectural style, height, landscaping and open space as well as common elements for the district such as street lighting, sidewalks, street furniture, etc. Such guidelines shall be subject to review and recommendations by the planning commission prior to adoption. In addition, the city manager or his designee shall review the proposal with the affected property owners at a public meeting and the board of commissioners shall conduct a public hearing to receive formal comment prior to adoption of such guidelines.

(c)

Variance from adopted standards. The planning commission shall have the authority to vary the design standards in the district when it determines that the proposed plan will not be detrimental to the intended purpose of the district and full compliance will pose an undue burden on the property owner and discourage redevelopment of the property.

(d)

Applicable standards. Within the above parameters, the following design standards shall apply in the development and redevelopment of property in the C-4 town center district:

(1)

Height variations. All buildings that are attached or adjacent within a block should be similar in height to the greatest extent feasible. The planning commission may require the upper stories of a building that will be taller than the average building height on a block to be recessed further back from the front build-to line. The above height limitations and restrictions do not prohibit the use of an architectural feature such as a tower, cupola, etc., located above the roof line, provided the feature is in character with the architecture of the building and area; the total height of the building and feature does not exceed four stories (plus mechanical/elevator penthouse); and the feature is not designed or used for placement of elevated wall signs.

(2)

Scale/massing. Individual buildings should use human-scaled/pedestrian oriented architectural features. Individual buildings should clearly articulate the first story and primary entrances, with display windows encouraged for retail stores. The ground floor should be clearly delineated from the upper stories and the upper floors from the top of the front facade roof line. Large blank walls in pedestrian areas greater than 35 feet in length and large monolithic box-like structures should be avoided. Larger buildings should be designed to divide the mass of the facility to create a visual impression of a series of smaller buildings or sections. Windows, doors, shutters, columns, masonry detailing, and variations in the front roof line, building wall recesses and variations in colors and materials should be used to break up the mass of a single building.

(3)

Exterior materials and details. High quality materials which are durable and attractive should be used on all buildings. All publicly visible sides of the building should have a minimum of 75 percent of the exterior facades (excluding windows, trim and doors) covered in brick, cast stone, cultured stone, or an alternative masonry material acceptable to the planning commission. Split faced block may be used in the true service areas in combination with the above materials if it is integrally colored, not stained or painted. Concrete panels, prefabricated metal panels, fluted concrete cinder block, cementitious sheathing materials, and imitation stucco finishes such as EIFS (Exterior Insulation and Finishing System) should be avoided as the main exterior material.

(4)

Roofing. All new buildings should have flat roofs located behind parapet walls with three dimensional cornice treatments. Simple gable or hipped roofs may also be integrated into the overall roof design.

(5)

Window/door openings. Each floor facing a public street or park should have windows covering at least 15 percent of the wall area. Buildings should have clearly defined and highly visible customer entrances, which should be recessed or framed by a sheltering element such as an overhang, arcade, portico or other roof form. Individual framed windows should be provided instead of continuous horizontal "ribbon or band" type windows. Reflective glass, glass curtain walls and other continuous, floor-to-ceiling windows should also be avoided on all floors. Windows shall have a minimum sill height of 18 inches off of finished floor. The patterns of window openings and details of bays should be used to create a sense of scale and add visual interest to building facades. Wall openings should not span vertically more than one story.

(6)

Awnings. The design of awnings, including the selection of material and color, should complement the architectural style and character of the building. Large buildings with multiple storefronts should have compatible, though not necessarily identical, awnings. Signage may be allowed on awnings so long as it meets design and signage standards of article V of this chapter and is approved by the planning commission. Signage on awnings shall count toward the total number of signs as well as the maximum sign area allowed under article V of this chapter. Striping may be allowed on awnings, provided there are no more than two colors, which should be in keeping with the overall character of the district. Awnings may not be back lit. Awnings should be made of fabric and may project up to three feet into the public right-of-way with the bottom of the canopy at least nine feet above the sidewalk.

(7)

Balconies. Balconies may horizontally extend forward from the upper floors of the building facade up to three feet into the public right-of-way with the bottom of the balcony at least ten feet above the sidewalk. Balconies may have roofs but are required to be open air, non-heated and cooled areas of the buildings. Seasonal enclosure of balconies may be permitted from December through March, subject to approval by the planning commission provided such enclosures are removed during the remaining months of the year. This space shall not count toward the floor area ratio (FAR) for the lot.

(8)

Trademark style buildings. Trademark buildings representing typical national franchise architecture shall not be permitted unless their exterior design is modified to be consistent with the specific site and the guidelines herein, regarding form, scale, orientation, detailing, and construction materials.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2005-03, §§ 15—19, 3-28-2005; Ord. No. 2010-18, §§ 9, 10, 11-22-2010)

It is recognized that certain lots in this district have been redeveloped under the technical and development standards of the previous commercial zoning district. Because of the type and placement of the prior improvements on the lot, future additions and building upgrades may be not be feasible or possible to achieve under the standards of the C-4 town center district without creating severe hardship to the property. Exceptions to these standards may be approved by the planning commission when it determines that the redevelopment or improvement plan will significantly upgrade the existing property without compromising the intent and spirit of this district and that full compliance will pose an unfair burden on the property owner.

(Ord. No. 2004-01, § 5, 2-25-2004)

It is recognized that the more compact, mixed use, pedestrian oriented development in the district may create demands for services that go beyond the normal capabilities or expectations of the municipality. Accordingly, in the event the creation of an effective property owners association is not feasible, the majority of property owners may petition the board of commissioners to create a central business improvement district (CBID) pursuant to T.C.A. § 7-84-501 et seq. The CBID may use special assessment revenues collected from the area to administer a higher level of service delivery including but not limited to uniform trash removal; litter pickup; maintenance, repair and replacement of sidewalks, street trees, and street furniture and public plazas; street, sidewalk, and other public area cleaning; street and directional signs; police protection; event decorations and special lighting; etc.

(Ord. No. 2004-01, § 5, 2-25-2004)

(a)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and/or applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at two-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal driveways, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street and on-street parking spaces and loading areas (including required area designated for reduced parking approval), and solid waste disposal areas.

(9)

Required street, sidewalk and other public improvements in the right-of-way and/or alternative plan to compensate city for improvements as a part of broader improvement plan for the area.

(10)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(11)

Landscaping plan, including: calculations of open space areas; landscaping/screening features, including the type, number, caliper and location of plantings; and provisions or agreements for the maintenance of open space.

(12)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(13)

Land use table outlining proposed uses and overall densities including floor area ratio (FAR).

(14)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(15)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(16)

Building footprint, applicable build-to-lines and other setbacks, uses of public sidewalk area, and color elevation drawings showing height and design of buildings and exterior treatment relative to the design standards in this district.

(17)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(18)

Location of any temporary construction trailers.

(19)

Street graphics (signage plan).

(20)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(21)

Type of construction.

(22)

Any requested variances or exceptions to the technical, development and design standards in this district and the rationale to support the request.

(23)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(b)

Prior to formal submission of a detailed site development plan, the applicant may submit a preliminary concept development plan to the planning and codes department for initial review and comment by the planning commission. The purpose for review of a preliminary concept development plan is to provide guidance to the applicant on the overall worthiness and direction of the proposed plan prior to the applicant making a significant financial investment in the preparation of a detailed site development plan. In no event shall positive guidance from the planning commission be construed as official endorsement or approval of the plan.

(c)

Within the zoning district established in this division, the following site development activities shall also require the approval of the board of commissioners:

(1)

Any site development plan for an individual tract that by approval of the planning commission would require the city to:

a.

Acquire and/or abandon easements for public utilities or right-of-way for public streets or sidewalks.

b.

Install or construct any utilities or other public improvements.

(2)

Any proposed plan which if approved by the planning commission would result in the redevelopment of five or more acres in the district under a unified development plan.

(Ord. No. 2004-01, § 5, 2-25-2004; Ord. No. 2005-03, § 20, 3-28-2005; Ord. No. 2008-02, §§ 15, 16, 3-24-2008; Ord. No. 2008-08, §§ 9, 10, 6-24-2008; Ord. No. 2024-07, § 9, 8-26-2024)

It is the intent of this division to provide suitable areas for the expression of religion which enhances the quality of life in the community without creating objectionable or undesirable influences on nearby residential districts. These SI-1 service institution (religious) districts are appropriately located between commercial and residential districts and on other suitable tracts located adjacent to arterial streets where residential development is not appropriate or feasible, and/or where the requirements of this division are deemed adequate to mitigate any adverse impact on the nearby residential development.

(Ord. No. 95-15, § 1(11-1001), 4-24-95)

The following uses are permitted in the SI-1 zoning district:

(1)

Churches, synagogues and other religious temples (including associated uses such as day care, religious education and community/youth programs).

(2)

Accessory uses such as playgrounds and athletic facilities, picnic pavilions and equipment storage buildings.

(3)

Garage sales and consignment sales conducted inside the building or facility, provided that no more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single garage or consignment sale shall not exceed three days. Authorization to conduct a consignment sale shall be contingent upon application by an appropriate official representing the property and issuance of a permit by the city manager or his designee. The application must certify that at least 25 percent of the income collected from the sale shall be returned to the institution where the sale is being conducted.

(4)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code, and limited to the following circumstances:

a.

Mobile food service vehicles may operate at food truck rallies or other special events that have been approved in advance by the city.

b.

At the invitation of the property owner or tenant, up to two mobile service vehicles may operate on an occasional basis, not to exceed one day per week, and for no more than four hours per day on any property within the district.

c.

Mobile food service vehicles providing pre-arranged catering services are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 95-15, § 1(11-1002), 4-24-95; Ord. No. 2002-14, § 4, 8-26-2002; Ord. No. 2017-02, § 6, 2-27-2017)

Any use or structure that is not specifically permitted in the SI-1 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 95-15, § 1(11-1003), 4-24-95; Ord. No. 2002-04, § 3, 4-8-2002)

In the SI-1 zoning district, the following technical standards shall apply:

(1)

Minimum required lot area, five acres.

(2)

Minimum required front, side, or rear yard abutting an arterial road, 150 feet.

(3)

Minimum required front yard not abutting an arterial road, 125 feet.

(4)

Minimum required rear yard not abutting a road, 75 feet.

(5)

Minimum required side yard (not on corner lot), 75 feet.

(6)

Minimum required streetside side or rear yard abutting a local or collector road, 125 feet.

(7)

Maximum lot coverage by all buildings, 35 percent.

(8)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure) or a total of three stories if a full or partial underground basement level is included. In no event shall the maximum height (excluding steeples) exceed 60 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(9)

Green space area:

a.

A minimum of 30 percent of the total lot area shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located adjacent to residential districts and public streets to the greatest extent possible.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(Ord. No. 95-15, § 1(11-1004), 4-24-95; Ord. No. 98-23, § 1, 11-9-98; Ord. No. 2000-18, § 1, 6-26-2000; Ord. No. 2001-17, § 2, 10-22-2001)

After a hearing and approval by the planning commission, accessory uses meeting the following conditions may be constructed.

(1)

Maximum building area, 2,500 square feet.

(2)

Maximum height, 35 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(3)

Screening: The planning commission may establish reasonable requirements for installation and maintenance of landscaping improvements to protect the character of the adjoining residential district.

(4)

Location: rear and side yards only, provided that structures less than 25 feet in height shall be at least 50 feet from all lot lines and structures 25 feet in height or greater shall be at least 75 feet from all lot lines. All structures shall be at least 20 feet from any other buildings on the property.

(5)

Corner lots: shall conform with applicable setbacks from both intersecting streets.

(Ord. No. 95-15, § 1(11-1005), 4-24-95; Ord. No. 95-36, §§ 2, 3, 7-24-95)

(a)

Buffer provisions. In locations where property zoned service institution abuts property zoned residential (either immediately adjacent to or across a public roadway), special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 50-foot buffer strip shall be required on the outer perimeter of the service institution building lot abutting the property currently zoned for residential use or development. In addition, a minimum 150-foot buffer strip shall be required on the outer perimeter of all portions of the development abutting any arterial road. The buffer strip along an arterial road (other than Franklin Road) may be reduced to a width no less than 100 feet if, in the opinion of the planning commission, the natural topographic features and/or proposed plantings and physical features are sufficient to minimize direct view from the arterial road. With the exception of entrance drives needed to reach the development, no internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent yearround protection of adjacent property by visually shielding internal activities from adjoining property. Plantings should provide screening from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar security acceptable to the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(b)

Parking. The number, size and design of all parking spaces and internal access ways shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Off-street loading. The number, size and design of all loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(d)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(e)

Signs. The visual transfer of advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(f)

Vehicle access control. The location and design of all driveways and/or accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(g)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the minimum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(h)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(i)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval by the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no new overhead wiring installed on the property.

(j)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(k)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(l)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(m)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(n)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new service institution development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-15, § 1(11-1006), 4-24-95; Ord. No. 95-26, § 3, 6-12-95; Ord. No. 97-17, § 1, 8-14-97; Ord. No. 2000-18, § 2, 6-26-2000; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 17, 3-24-2008; Ord. No. 2014-07, § 5, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-15, § 1(11-1007), 4-24-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-15, § 1(11-1008), 4-24-95; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 18, 19, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 10, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-269, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

It is the intent of this division to provide areas suitable for educational and religious purposes and their associated uses without creating undesirable or objectionable influences on nearby residential districts. These SI-2 service institution (educational) districts are appropriately located between commercial and residential districts and on other suitable tracts located adjacent to arterial streets where residential development is not appropriate or feasible, and/or where the requirements of this division are deemed adequate to mitigate any adverse impact on the nearby residential development.

(Ord. No. 95-15, § 1(11-1101), 4-24-95)

The following uses are permitted in the SI-2 zoning district:

(1)

Preschool, elementary, middle and high schools, colleges and universities.

(2)

Churches, synagogues and other religious temples (including associated uses such as day care, religious education and community/youth programs).

(3)

Residential child care facilities (including associated support uses and buildings).

(4)

Accessory uses such as playgrounds and athletic facilities, picnic pavilions and equipment storage buildings.

(5)

Garage sales and consignment sales conducted inside the building or facility, provided that no more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single garage or consignment sale shall not exceed three days. Authorization to conduct a consignment sale shall be contingent upon application by an appropriate official representing the property and issuance of a permit by the city manager or his designee. The application must certify that at least 25 percent of the income collected from the sale shall be returned to the institution where the sale is being conducted.

(6)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code, and limited to the following circumstances:

a.

Mobile food service vehicles may operate at food truck rallies or other special events that have been approved in advance by the city.

b.

At the invitation of the property owner or tenant, up to two mobile service vehicles may operate on an occasional basis, not to exceed one day per week, and for no more than four hours per day on any property within the district.

c.

Mobile food service vehicles providing pre-arranged catering services are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 95-15, § 1(11-1102), 4-24-95; Ord. No. 96-05, § 2, 3-25-96; Ord. No. 2002-14, § 4, 8-26-2002; Ord. No. 2017-02, § 6, 2-27-2017)

Any use or structure that is not specifically permitted in the SI-2 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 95-15, § 1(11-1103), 4-24-95; Ord. No. 2002-04, § 3, 4-8-2002)

In the SI-2 zoning district, the following technical standards shall apply:

(1)

Minimum required lot area:

a.

Educational uses (public):

1.

Preschool, five acres or one acre for every 40 students enrolled, whichever is greater.

2.

Elementary school, 20 acres.

3.

Middle school, 25 acres.

4.

High school, 50 acres.

5.

College or university, minimum of 75 acres with a maximum enrollment of 2,000 full time equivalent students, plus one acre for every 30 full time equivalent students exceeding 2,000 full time equivalent enrollment.

6.

Allowable reductions in lot area: When an elementary school and a middle school are located adjacent to each other and are bordered by public open space such as a community park, the combined minimum lot area may be reduced to 30 acres, provided that the adjacent public open space is a minimum of 15 acres and is available for use by the schools during normal operating hours.

b.

Educational uses (private):

1.

Preschool, five acres or one acre for every 40 students enrolled, whichever is greater.

2.

Elementary school, 20 acres.

3.

Middle school, 25 acres.

4.

High school, 50 acres if the enrollment is 1,000 students or more, or 40 acres if the enrollment is less than 1,000 students.

5.

Combined elementary and middle school, 45 acres if the enrollment is 1,000 students or more, or 35 acres if the enrollment is less than 1,000 students.

6.

Combined middle and high school, 75 acres if the enrollment is 1,500 students or more, 50 acres if 1,000 to 1,499 students, or 40 acres if less than 1,000 students.

7.

Combined elementary, middle and high school, 85 acres if the enrollment is 1,500 students or more, 75 acres if 1,000 to 1,499 students, or 60 acres if less than 1,000 students.

8.

College or university, minimum of 75 acres with a maximum enrollment of 2,000 full time equivalent students, plus one acre for every 30 full time equivalent students exceeding 2,000 full time equivalent enrollment.

c.

Churches, synagogues, and other religious temples (including associated uses), five acres.

d.

Residential child care facilities, 25 acres.

e.

In the event there is a combination of permitted uses on the same site, such as a school and church, the minimum required lot area shall be the combined acreage required for both uses.

(2)

Minimum required front, side, or rear yard abutting an arterial road, 150 feet.

(3)

Minimum required front yard not abutting an arterial road, 125 feet.

(4)

Minimum required rear yard not abutting a road, 75 feet.

(5)

Minimum required side yard (not on corner lot), 75 feet.

(6)

Minimum required streetside side or rear yard abutting a local or collector road, 125 feet.

(7)

Maximum lot coverage by all buildings, 35 percent.

(8)

Maximum permitted height of structures. In no event shall the maximum height (excluding steeples) exceed 60 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(9)

Green space area:

a.

A minimum of 30 percent of the total lot area shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located adjacent to residential districts and public streets to the greatest extent possible.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(Ord. No. 95-15, § 1(11-1104), 4-24-95; Ord. No. 96-05, § 3, 3-25-96; Ord. No. 98-20, § 1, 9-28-98; Ord. No. 98-23, § 1, 11-9-98; Ord. No. 2000-18, § 1, 6-26-2000; Ord. No. 2001-17, § 2, 10-22-2001; Ord. No. 2017-13, § 1, 6-26-2017)

After a hearing and approval by the planning commission, accessory uses meeting the following conditions may be constructed in an SI-2 zoning district.

(1)

Maximum building area, 2,500 square feet.

(2)

Maximum height, 35 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(3)

Screening: The planning commission may establish reasonable requirements for installation and maintenance of landscaping improvements to protect the character of the adjoining residential district.

(4)

Location: Rear and side yards only, provided that structures less than 25 feet in height shall be at least 50 feet from all lot lines and structures 25 feet in height or greater shall be at least 75 feet from all lot lines. All structures shall be at least 20 feet from any other buildings on the property.

(5)

Corner lots: Shall conform with applicable setbacks from both intersecting streets.

(Ord. No. 95-15, § 1(11-1105), 4-24-95; Ord. No. 95-36, §§ 2, 3, 7-24-95)

(a)

Buffer provisions. In locations where property zoned service institution abuts property zoned residential (either immediately adjacent to or across a public roadway), special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 50-foot buffer strip shall be required on the outer perimeter of the service institution building lot abutting the property currently zoned for residential use or development. In addition, a minimum 150-foot buffer strip shall be required on the outer perimeter of all portions of the development abutting any arterial road. The buffer strip along an arterial road (other than Franklin Road) may be reduced to a width no less than 100 feet if, in the opinion of the planning commission, the natural topographic features and/or proposed plantings and physical features are sufficient to minimize direct view from the arterial road. With the exception of entrance drives needed to reach the development, no internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent yearround protection of adjacent property by visually shielding internal activities from adjoining property. Plantings should provide screening from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar security acceptable to the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(b)

Parking. The number, size and design of all parking spaces and internal ways shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Off-street loading. The number, size and design of all loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(d)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(e)

Signs. The visual transfer of advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(f)

Vehicle access control. The location and design of all driveways and/or accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(g)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the minimum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(h)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(i)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval by the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no new overhead wiring installed on the property.

(j)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(k)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(l)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(m)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(n)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new service institution development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-15, § 1(11-1106), 4-24-95; Ord. No. 95-26, § 3, 6-12-95; Ord. No. 97-17, § 1, 8-11-97; Ord. No. 2000-18, § 2, 6-26-2000; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 17, 3-24-2008; Ord. No. 2014-07, § 5, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-15, § 1(11-1107), 4-24-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-15, § 1(11-1108), 4-24-95; Ord. No. 2002-04, § 2, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 18, 19, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 11, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-289, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

It is the intent of this division to provide areas suitable for open space and recreational uses, cultural and philanthropic uses, educational and religious purposes, local government services, and their associated uses without creating undesirable or objectionable influences on nearby residential districts. These SI-3 service institution (cultural, recreational and governmental) zoning districts are appropriately located between commercial and residential districts and on other suitable tracts located adjacent to arterial streets where residential development is not appropriate or feasible, and/or where the requirements of this division are deemed adequate to mitigate any adverse impact on the nearby residential development.

(Ord. No. 95-15, § 1(11-1201), 4-24-95; Ord. No. 99-21, § 2, 1-10-2000)

The following uses are permitted:

(1)

Golf and country clubs, cemeteries, and parks and recreation uses which may include facilities for sports and leisure activities such as swimming, tennis, field sports, playgrounds, walking, bike and jogging trails, picnic areas, amphitheaters, community centers, and restricted open space.

(2)

Social, philanthropic and cultural uses such as libraries, museums, art galleries and botanical gardens which serve a natural, historic, educational, or cultural interest and are operated by nonprofit agencies.

(3)

Preschool, elementary, middle and high schools, colleges and universities.

(4)

Churches, synagogues and other religious temples (including associated uses such as day care, religious education and community/youth programs).

(5)

Residential child care facilities (including associated support uses and buildings).

(6)

Publicly owned facilities that support the delivery of essential local government services, including but not limited to fire stations and municipal buildings.

(7)

Accessory uses such as food services and pro/gift shops that are customarily incidental to the main use, public training facilities, playgrounds and athletic facilities, picnic pavilions, and equipment storage buildings and garages.

(8)

Garage sales and consignment sales conducted inside the building or facility, provided that no more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single garage or consignment sale shall not exceed three days. Authorization to conduct a consignment sale shall be contingent upon application by an appropriate official representing the property and issuance of a permit by the city manager or his designee. The application must certify that at least 25 percent of the income collected from the sale shall be returned to the institution where the sale is being conducted.

(9)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code, and limited to the following circumstances:

a.

Mobile food service vehicles may operate at food truck rallies or other special events that have been approved in advance by the city.

b.

At the invitation of the property owner or tenant, up to two mobile service vehicles may operate on an occasional basis, not to exceed one day per week, and for no more than four hours per day on any property within the district.

c.

Mobile food service vehicles providing pre-arranged catering services are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 95-15, § 1(11-1202), 4-24-95; Ord. No. 96-05, § 4, 3-25-96; Ord. No. 99-21, § 3, 1-10-2000; Ord. No. 2002-14, § 4, 8-26-2002; Ord. No. 2017-02, § 6, 2-27-2017)

Any use or structure that is not specifically permitted in the SI-3 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 95-15, § 1(11-1203), 4-24-95; Ord. No. 2002-04, § 3, 4-8-2002)

In the SI-3 zoning district, the following technical standards shall apply:

(1)

Minimum required lot area:

a.

Golf and country clubs, 100 acres.

b.

Cemeteries, 25 acres.

c.

Social, philanthropic, cultural, recreational and governmental uses, five acres.

d.

Parks and open space, three acres.

e.

Educational uses (public):

1.

Preschool, five acres or one acre for every 40 students enrolled, whichever is greater.

2.

Elementary school, 20 acres.

3.

Middle school, 25 acres.

4.

High school, 50 acres.

5.

College or university, minimum of 75 acres with a maximum enrollment of 2,000 full time equivalent students, plus one acre for every 30 full time equivalent students exceeding 2,000 full time equivalent enrollment.

6.

Allowable reductions in lot area: When an elementary school and a middle school are located adjacent to each other and are bordered by public open space such as a community park, the combined minimum lot area may be reduced to 30 acres, provided that the adjacent public open space is a minimum of 15 acres and is available for use by the schools during normal operating hours.

f.

Educational uses (private):

1.

Preschool, five acres or one acre for every 40 students enrolled, whichever is greater.

2.

Elementary school, 20 acres.

3.

Middle school, 25 acres.

4.

High school, 50 acres if the enrollment is 1,000 students or more, or 40 acres if the enrollment is less than 1,000 students.

5.

Combined elementary and middle school, 45 acres if the enrollment is 1,000 students or more, or 35 acres if the enrollment is less than 1,000 students.

6.

Combined middle and high school, 75 acres if the enrollment is 1,500 students or more, 50 acres if 1,000 to 1,499 students, or 40 acres if less than 1,000 students.

7.

Combined elementary, middle and high school, 85 acres if the enrollment is 1,500 students or more, 75 acres if 1,000 to 1,499 students, or 60 acres if less than 1,000 students.

8.

College or university, minimum of 75 acres with a maximum enrollment of 2,000 full time equivalent students, plus one acre for every 30 full time equivalent students exceeding 2,000 full time equivalent enrollment.

g.

Churches, synagogues, and other religious temples (including associated uses), five acres.

h.

Residential child care facilities, 25 acres.

i.

In the event there is a combination of permitted uses on the same site, such as a school and church, the minimum required lot area shall be the combined acreage required for both uses.

(2)

Minimum required front, side, or rear yard abutting an arterial road, 150 feet.

(3)

Minimum required front yard not abutting an arterial road, 125 feet.

(4)

Minimum required rear yard not abutting a road, 75 feet.

(5)

Minimum required side yard (not on corner lot), 75 feet.

(6)

Minimum required streetside side or rear yard abutting a local or collector road, 125 feet.

(7)

Maximum lot coverage by all buildings, 35 percent.

(8)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure or a total of three stories if a full or partial underground basement level is included. In no event shall the maximum height (excluding steeples) exceed 60 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(9)

Green space area:

a.

A minimum of 30 percent of the total lot area shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any landscaping treatment in parking lot islands measuring less than 200 square feet. Green space shall be located adjacent to residential districts and public streets to the greatest extent possible.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(Ord. No. 95-15, § 1(11-1204), 4-24-95; Ord. No. 96-05, § 5, 3-25-96; Ord. No. 98-20, § 2, 9-28-98; Ord. No. 98-23, § 1, 11-9-98; Ord. No. 99-21, § 4, 1-10-2000; Ord. No. 2000-18, § 1, 6-26-2000; Ord. No. 2001-17, § 2, 10-22-2001)

After a hearing and approval by the planning commission, accessory uses meeting the following conditions may be constructed in the SI-3 zoning district.

(1)

Maximum building area, 2500 square feet.

(2)

Maximum height, 35 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(3)

Screening: The planning commission may establish reasonable requirements for installation and maintenance of landscaping improvements to protect the character of the adjoining residential district.

(4)

Location: Rear and side yards only, provided that structures less than 25 feet in height shall be at least 50 feet from all lot lines and structures 25 feet in height or greater shall be at least 75 feet from all lot lines. All structures shall be at least 20 feet from any other buildings on the property.

(5)

Corner lots: Shall conform with applicable setbacks from both intersecting streets.

(Ord. No. 95-15, § 1(11-1205), 4-24-95; Ord. No. 95-36, §§ 2, 3, 7-24-95)

(a)

Buffer provisions. In locations where property zoned service institution abuts property zoned residential (either immediately adjacent to or across a public roadway), special care shall be taken to minimize the effects on the adjacent residential area. The following are considered to be minimum standards:

(1)

A minimum 50-foot buffer strip shall be required on the outer perimeter of the service institution building lot abutting the property currently zoned for residential use or development. In addition, a minimum 150-foot buffer strip shall be required on the outer perimeter of all portions of the development abutting any arterial road. The buffer strip along an arterial road (other than Franklin Road) may be reduced to a width no less than 100 feet if, in the opinion of the planning commission, the natural topographic features and/or proposed plantings and physical features are sufficient to minimize direct view from the arterial road. With the exception of entrance drives needed to reach the development, no internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements which may provide for a greater buffer strip than outlined above.

(2)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent yearround protection of adjacent property by visually shielding internal activities from adjoining property. Plantings should provide screening from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(3)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (i.e., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(4)

Prior to the issuance of a building permit, security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar security acceptable to the city shall be required for a period of one year to ensure that such vegetation remains as a living and viable screen.

(b)

Parking. The number, size and design of all parking spaces and internal access ways shall comply with the off-street parking requirements set forth in article VI of this chapter.

(c)

Off-street loading. The number, size and design of all loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter.

(d)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(e)

Signs. The visual transfer of advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(f)

Vehicle access control. The location and design of all driveways and/or accesses that allow vehicles to enter public streets from any lot developed in this zoning district shall comply with vehicle access control regulations set forth in article VII of this chapter.

(g)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger dropoff areas and loading and unloading spaces, the minimum distance between any building and any internal street or drive shall be 15 feet, while the minimum distance between any building and any parking space shall be ten feet. For small commercial and service institution uses of less than 10,000 square feet, the planning commission may reduce the distance between buildings and internal drives and parking spaces to not less than five feet, provided the site does not have a through traffic movement from adjoining or nearby land uses.

(h)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(i)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. This requirement may be waived upon approval by the planning commission and by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no new overhead wiring installed on the property.

(j)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the general area.

(k)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(l)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(m)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(n)

Noise. Limitations on noise intensity shall apply as detailed in chapter 42, article VI, division 2 of this Code. In instances where the planning department staff or the planning commission determines that a new service institution development site plan or redevelopment or reuse of the existing building and lot may result in objectionable noise so as to cause a nuisance, the staff or the commission may require that such additional information be provided or studies be performed as may be necessary to assist in evaluating the potential noise impact of the development or use and the mitigation options for reducing such noise impact. The planning commission may direct that the cost of providing such information or studies be paid by the applicant. The planning commission may require additional buffers or such other physical features or containment measures as may be necessary to mitigate the noise.

(Ord. No. 95-15, § 1(11-1206), 4-24-95; Ord. No. 95-26, § 3, 6-12-95; Ord. No. 97-17, § 1, 8-11-97; Ord. No. 2000-18, § 2, 6-26-2000; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 17, 3-24-2008; Ord. No. 2014-07, § 5, 2-9-2015)

(a)

"Redevelopment," as used in this section, shall mean a substantial change in the character of an existing lot which was substantially developed prior to 1980, as determined by the planning commission, including but not limited to the construction of a new principal structure. "Improvement," as used in this section, shall mean an alteration which does not substantially change the character of an existing lot, as determined by the planning commission, including but not limited to the construction of accessory structures or additions to existing principal structures.

(b)

It is recognized that certain property in the city was developed prior to adoption of the latest technical and development standards in the district. When an existing site is redeveloped or improved, the site shall be brought into conformance with the technical and development standards of this division to the greatest extent feasible. Notwithstanding the foregoing, exceptions to these standards may be approved by the planning commission when it determines that a redevelopment plan will enhance or significantly upgrade the existing property to the betterment of the community and/or that full compliance will pose an undue burden on the property owner. Furthermore, minor exceptions to these standards may be approved by the planning commission when it determines that improvements to a previously developed site will enhance or significantly upgrade the existing property and/or that full compliance will pose an undue burden on the property owner.

(Ord. No. 95-15, § 1(11-1207), 4-24-95; Ord. No. 2005-08, § 1, 5-23-2005)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 95-15, § 1(11-1208), 4-24-95; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 18, 19, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 12, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-309, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

It is the intent of this division to provide for comprehensive group living retirement facilities and individual retirement housing units which address the special needs of residents ages 55 years and older without creating objectionable or undesirable influences on nearby single-family residential districts. SI-4 service institution (retirement/assisted care) districts are appropriately located adjacent to arterial streets with transportation services provided by the development to essential commercial, public, institutional, religious and medical services. Such districts are characterized by mandatory requirements for common operations, support and maintenance services for the residents and the prohibition of fee ownership and transfer ofindividual dwelling units and lots to the residents in the development.

(Ord. No. 98-31, § 1, 2-8-98)

The following uses are permitted in the SI-4 zoning district:

(1)

General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals and similar agricultural uses, provided the minimum lot size is three acres.

(2)

A comprehensive retirement/assisted care development with residency limited to persons of 55 years of age or over and consisting of three or more of the following types of residences within a unified master development plan.

a.

Detached single-family residences, duplexes, townhouses and garden flat units.

b.

Independent living facilities with self-contained dwelling units located within a common structure with common service functions to support the needs of residents who are able to perform daily living tasks with minimal or no assistance.

c.

Assisted living facilities with self-contained dwelling units located within a common structure with common service functions to support the needs of residents who require some assistance with daily activities, but do not need 24-hour supervision and medical assistance.

d.

Nursing care facilities, properly licensed by the State of Tennessee, located within a common structure with common service functions to support the needs of residents requiring 24-hour supervision and medical assistance.

(3)

Commercial uses and indoor recreational and social amenities customarily incidental to the needs of residents in a retirement/assisted care development, such as medical services, pharmacy, barbershop, beauty salon, dry cleaner/laundry, financial services, restaurant or cafeteria, fitness center, game rooms, administrative support offices, etc. Such uses shall be self-contained and internally accessed within an independent living, assisted living or nursing care facility. The maximum square footage of all such uses within any facility shall not exceed 15 percent of the total gross floor area of that facility.

(4)

Freestanding senior citizens activity center providing recreational, educational and social programs for users ages 55 and over.

(5)

Accessory uses or structures less than 35 feet in height and customarily incidental to the above permitted uses, such as passive and active outdoor recreational facilities, swimming pools, tennis courts, picnic pavilions and equipment storage buildings; provided that no accessory uses or structures shall be permitted for individual single-family residences or duplexes.

(6)

Garage sales and consignment sales conducted inside the building or facility, provided that no more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single garage or consignment sale shall not exceed three days. Authorization to conduct a consignment sale shall be contingent upon application by an appropriate official representing the property and issuance of a permit by the city manager or his designee. The application must certify that at least 25 percent of the income collected from the sale shall be returned to the institution where the sale is being conducted.

(7)

Mobile food vending, subject to the regulations established in chapter 18, article VI of this Code, and limited to the following circumstances:

a.

Mobile food service vehicles may operate at food truck rallies or other special events that have been approved in advance by the city.

b.

At the invitation of the property owner or tenant, up to two mobile service vehicles may operate on an occasional basis, not to exceed one day per week, and for no more than four hours per day on any property within the district.

c.

Mobile food service vehicles providing pre-arranged catering services are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 99-15, § 1, 9-30-99; Ord. No. 2002-14, § 4, 8-26-2002; Ord. No. 2017-02, § 6, 2-27-2017)

Any use or structure that is not specifically permitted in the SI-4 zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 2002-04, § 3, 4-8-2002)

(a)

The objective of this district is to provide a continuum of housing alternatives geared to the physical condition and special needs of Brentwood senior citizens and the elderly parents of other Brentwood residents. Accordingly, prior to approval by the board of commissioners of a rezoning of an individual tract for development under the SI-4 zoning district, the applicant shall provide a market feasibility study for the new development that addresses the specific needs of residents within the Brentwood community.

(b)

There is an expectation that residents in a retirement/assisted care development in the SI-4 zoning district will move to different residential units within the development during their lifetimes, based on physical condition and need. Accordingly, priority shall be given to existing residents in the development who desire to move to other residential units as they become available and needed.

(c)

Ownership of property in a retirement/assisted care development in the SI-4 zoning district shall remain with a single corporation or other entity that shall be responsible for the operation and maintenance of all of the facilities, residences and grounds. The fee ownership of individual residences and units and the subdivision of property into individual lots or through a condominium ownership arrangement is prohibited.

(d)

To ensure compliance with the requirements of this section, the legal framework for the establishment and operation of a retirement/assisted care development shall be subject to the review and recommendations of the planning commission and city attorney and final approval of the board of commissioners prior to the issuance of building permit.

(e)

The initial phase of construction of the development must include the core central service facilities necessary to support the independent living, assisted living and nursing care facilities approved for the development. Such core central service facilities shall include, at a minimum, kitchen, dining, laundry, medical and recreational facilities and social amenities.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 99-15, § 2, 9-30-99)

(a)

Concurrent with a formal proposal for rezoning a tract to SI-4, the owner and/or the owner's officially designated representative shall submit ten copies of a proposed master development plan to the board of commissioners for review and approval. All proposals for rezoning shall comply with the requirements of section 78-87, including payment of the required fees. Prior to second reading of an ordinance to rezone property to SI-4, the development plan shall be submitted to the planning commission for its review and recommendations. The development plan as approved by the board of commissioners shall be included as an exhibit to the rezoning ordinance and shall serve as the basis for the design and layout of the development. The proposed development plan shall include the following minimum detail on a scale acceptable to the planning department.

(1)

Boundaries and acreage of the site.

(2)

Location of all residences and other buildings and external/internal setbacks.

(3)

Location and arrangement of vehicle access to the adjoining arterial streets; new public streets and rights of way; private internal drives; green space; storm drainage and detention facilities; utilities; and solid waste storage and disposal.

(4)

Calculations showing the percentage of acreage in the development allocated to green space, residences and other buildings, parking areas, public streets and private internal drives.

(5)

Height, exterior elevations and building materials of residences and other buildings, service delivery and off-street loading areas, and accessory uses.

(6)

Inventory of existing trees and significant vegetation to be protected on the property, as provided for in article VIII of the chapter.

(7)

Historically significant sites (as designated by the board of commissioners) and significant natural or manmade features or resources, including hillside areas with grades in excess of 15 percent and legally designated floodplain areas (including identification of the floodway areas and potentially buildable areas within the floodway fringe.)

(8)

Any special restrictions to be placed on the tract and agreed to by the developer over and beyond the standard requirements of this division that are necessary to protect the health, safety, convenience, quality of life and general welfare of the citizens of the city.

(9)

Any property proposed for dedication to a public agency for a public purpose and any density credit to be requested for such dedication.

(b)

Any proposal to change an approved master development plan by increasing the number of residences in a SI-4 development; altering access of the development to existing public streets; changing the use and activities within the designated buffer strips and open space areas abutting an arterial street or residential district; or modifying any special restrictions placed on a SI-4 development pursuant to this division must be submitted to the planning commission for its review and recommendation and to the board of commissioners for its approval by resolution. Any proposal to modify the approved master development plan shall be considered only after submittal of eight copies of a revised development plan along with sufficient information to identify and support the proposed change.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 99-15, §§ 3, 4, 9-30-99)

For all development in the SI-4 zoning district, the following technical standards shall apply:

(1)

Required lot area for each use:

a.

Retirement/assisted care development—Minimum, 25 acres; maximum, 75 acres.

b.

Senior citizens activity center—Minimum, 5 acres.

(2)

Density credit for community-wide benefits: A retirement/assisted care development, by virtue of location or unique site conditions, may be in a position to dedicate part of the property for the betterment of the entire community. It is not the purpose of these regulations to impede such benefits to the entire community; therefore, when the board of commissioners determines that such dedications of property serve a public purpose, such acreage shall apply fully toward the calculation of density for the proposed development. The maximum acreage credit for community-wide benefits shall not exceed 20 percent of the lot area for the retirement/assisted care development. Any proposed dedication of property to a public agency for a specified public purpose shall be submitted as a part of the master development plan to the planning commission for its recommendation, and then to the board of commissioners for approval or disapproval.

(3)

Maximum unit density:

a.

Maximum density of independent living, assisted living and nursing care facilities within the master site development plan: 6.5 dwelling units per developable acre. For purposes of this section, each nursing care bed shall be counted as one dwelling unit. Developable acreage included in the maximum density calculation shall include property approved by the board of commissioners for dedication to a public agency for a public purpose but shall exclude acreage designated for public street right-of-way, land with slopes greater than 25 percent, and officially designated floodway areas.

b.

Maximum density of single-family residences, duplexes, townhouses and garden flat units within the master site development plan: two dwelling units per developable acre. Developable acreage included in the maximum density calculation shall include property approved by the board of commissioners for dedication to a public agency for a public purpose but shall exclude acreage designated for public street right-of-way, land with slopes greater than 25 percent, and officially designated floodway areas.

c.

In no event shall the combined total number of dwelling units in a comprehensive retirement/assisted care development as permitted in subsections (a) and (b) above exceed 7.5 units per developable acre.

(4)

Minimum required external setbacks (distance measured from the exterior property line of the development to the nearest structure):

a.

Detached single-family, duplexes, and townhouse residences; and one-story independent living, assisted living and nursing care facilities and senior citizens activity centers:

1.

Front, side and rear yard setback abutting an arterial road, 175 feet.

2.

Front yard setback abutting a collector or local road, 125 feet.

3.

Side and rear yard setback abutting a collector or local road, 100 feet.

4.

Side and rear yard setback abutting a commercial zoning district, 175 feet.

5.

Side and rear yard setback abutting a residential zoning district, 100 feet.

6.

Side and rear yard setback for senior citizens activity center abutting an SI-1, SI-2, or SI-3 zoning district, 50 feet.

7.

Side and rear yard setback for retirement/assisted care development abutting any service-institution zoning district, 100 feet.

8.

Side and rear yard setback for senior citizens activity center abutting a retirement/assisted care development within an SI-4 zoning district, 100 feet.

b.

Two-story garden flat units, independent living, assisted living and nursing care facilities and senior citizens activity centers:

1.

Front, side and rear yard setback abutting any arterial, collector or local road or residential zoning district, 300 feet.

2.

Side and rear yard setback abutting a commercial zoning district, 175 feet.

3.

Side and rear yard setback abutting a service institution zoning district, 100 feet.

4.

The above setbacks may be reduced by a maximum of 75 feet if, in the opinion of the planning commission, there exists significant topographic conditions or manmade features sufficient to minimize view from the abutting property or road.

c.

Three-story independent living, assisted living and nursing care facilities:

1.

Front, side and rear yard setback abutting any arterial road, 500 feet.

2.

Front, side and rear yard setback abutting any collector or local road or residential zoning district, 300 feet.

3.

Side and rear yard setback abutting a commercial zoning district, 175 feet.

4.

Side and rear yard setback abutting a service institution zoning district, 100 feet.

5.

The above setbacks may be reduced by a maximum of 50 feet if, in the opinion of the planning commission, there exists significant topographic conditions or manmade features sufficient to minimize view from the abutting property or road.

(5)

Minimum required internal setbacks:

a.

Minimum distance from detached single-family residences, duplexes and townhouses to similar dwellings in the development, ten feet.

b.

Minimum distance from a garden flat unit building to another garden flat unit building, 30 feet.

c.

Minimum distance from garden flat units to detached single-family residence, duplexes or townhouses, 20 feet.

d.

Minimum distance from detached single-family residences, duplexes, townhouses and garden flat units to independent living, assisted living and nursing care facilities or senior citizens activity centers in the development, 75 feet.

e.

Minimum distance from detached single-family residences, duplexes, townhouses and garden flat units to any abutting private internal street, drive or alley, 20 feet.

(6)

Maximum area coverage by all residences, living facilities, activity centers and accessory structures: 35 percent of the total developable acreage in the project. For purposes of determining such maximum area coverage, developable acreage shall exclude acreage dedicated for a public purpose, designated for public street right-of-way, land with slopes greater than 25 percent, and officially designated floodway areas.

(7)

Maximum height of structures:

a.

Attached single-family residences, duplexes, townhouses, garden flat units and senior citizens activity centers, two stories with mandatory pitched roof. Pitched roofs may be embellished with dormers and gables. Finished or unfinished basements may be constructed in areas with rolling topography.

b.

Independent living, assisted living and nursing care facilities, two stories with mandatory pitched roof. The planning commission may approve freestanding independent living, assisted living and nursing care facilities three stories in height with mandatory pitched roof, provided the building shall be a minimum of 500 feet from the closest arterial road.

(8)

Maximum size of dwellings/arrangement of floor space:

a.

Detached single-family residence (excluding unheated garage space), 2,500 square feet for a one-story residence and 3,000 square feet for a two-story or basement residence, provided at least two-thirds of the heated floor space including kitchen, living, full bathroom and bedroom space is located on the first floor.

b.

Duplexes or townhouses (excluding unheated garage space), 2,000 square feet for a one-story residence and 2,500 square feet for a two-story or basement residence, provided at least two-thirds of the heated floor space including kitchen, living, full bathroom and bedroom space is located on the first floor.

c.

Garden flat units (excluding unheated garage space), 2,000 square feet of living space per unit, located on a single floor, with a maximum of eight dwelling units per two-story building.

(9)

Green space area:

a.

A minimum of 40 percent of the total lot area in the master site development plan shall be landscaped with trees, green shrubbery, grass and/or other plantings. Such landscaping shall be in addition to any landscaping treatment in parking lot islands measuring less than 200 square feet. Land dedicated for a public purpose, designated for public right-of-way, having slopes greater than 25 percent or within officially designated floodway areas shall not be allowed toward minimum green space requirements. Green space shall be located adjacent to residential districts and public streets to the greatest extent possible. Dedicated green space area located more than 100 feet away from residences and facilities in the development and from any adjacent residential district may be maintained and used for agricultural purposes, subject to any conditions that may be required by the planning commission.

b.

For any development with a minimum requirement of 20 or more parking spaces and parking areas proposed within 150 feet of an arterial or collector road, there shall be a minimum of 250 square feet of green space provided for every ten parking spaces located in the affected area. This green space shall be reasonably distributed inside the perimeter of the affected parking area. All parking lot islands shall have a minimum required width of ten feet, measured from the back of curb. All parking spaces affected by this standard shall be located within 55 feet of a parking lot island. Parking lot islands shall be planted with trees that are three caliper inches or greater in size and properly spaced for future growth and urban conditions. In addition, all parking areas located within 25 feet of an arterial or collector road must be screened by a permanent landscaped berm and evergreen hedge, containing plant species suitable for urban conditions and measuring at least 30 to 36 inches in height at the finished grade of the parking area.

c.

An irrigation system or other reliable system for watering to ensure long-term survival of trees and other plantings shall be provided for all newly landscaped areas within the parking area and for all green space areas located within ten feet of the exterior perimeter of the parking lot or any private road or driveway in the development. The planning commission may waive this requirement for unique and innovative landscaping plans that require less water for long-term survival.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 99-15, § 5, 9-30-99; Ord. No. 2000-23, §§ 1, 2, 1-22-2001; Ord. No. 2001-13, §§ 1—5, 10-8-2001; Ord. No. 2001-17, § 3, 10-22-2001)

(a)

Buffer provisions. Special care shall be taken to minimize the effects of the development of property zoned SI-4 on the surrounding area. The following are considered to be minimum standards:

(1)

A minimum 150-foot buffer strip shall be required:

a.

On the outer perimeter of all portions of the development abutting any arterial road. The buffer strip along an arterial road (other than Franklin Road) may be reduced to a width no less than 100 feet if, in the opinion of the planning commission, the natural topographic features and/or proposed plantings and physical features are sufficient to minimize direct view from the arterial road.

b.

Between the property line and any residence or living facility. This buffer strip may be reduced to a width no less than 50 feet if, in the opinion of the planning commission, there are significant topographic conditions or manmade features sufficient to minimize direct view from the abutting property.

(2)

Except as otherwise provided above, a minimum 100-foot wide buffer strip shall be required on the outer perimeter of all portions of the development.

(3)

With the exception of entrance driveways needed to reach the development, no internal drives, parking or loading areas, structures, storage of material or accessory uses (other than bikeways and pedestrian paths) shall be permitted in a required buffer strip.

(4)

The buffer strip shall consist of plantings and physical features sufficient to screen direct view, reduce glare and noise, and provide greater privacy for residents of the development and nearby residential uses. The buffer shall be initially installed for the permanent year-round protection of the residents of the development and adjacent residential property by visually shielding internal activities from adjoining property. Plantings shall provide screening from ground level view to a minimum height of six feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the planning commission.

(5)

The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the planning commission, meet the intent and purpose of this section. In instances where significant physical features exist (e.g., railroads, interstate and other major highways, hillsides, preserved wooded areas, etc.) which in the opinion of the planning commission provide adequate buffering between land uses, the existing buffers may be used to meet the landscaping provisions of this section.

(6)

Prior to the issuance of a building permit, security acceptable to the city shall be required to ensure completion of all landscaping/screening provisions as outlined in the plan approved by the planning commission. The security shall be posted in an amount equal to 110 percent of the total estimated cost of the materials and installation of the improvements. Upon the issuance of a certificate of occupancy for the building, a maintenance bond or similar security acceptable to the city shall be required for a period of one year to ensure that the vegetation remains as a living and viable screen.

(7)

The buffer strips required herein shall be a part of and incorporated into the minimum required external setbacks established in section 78-326.

(8)

These standards shall not supersede any existing or future agreements or restrictions that may provide for a greater buffer strip than required herein.

(b)

Transportation services. A transportation services plan shall be presented to the planning commission for approval and thereafter operated with the opening and first occupancy of the retirement/assisted care development to provide shuttle service to transport residents to essential services, including but not limited to medical services, recreation, library, grocery stores, etc.

(c)

Parking requirements:

(1)

Detached single-family residences, duplexes, townhouses and garden flat units: An attached garage is required for each single-family residence, duplex and townhouse dwelling unit, while a detached garage may be substituted for this requirement for the garden flat units, provided the structure is architecturally compatible with the building. In addition, at least two additional off-street parking spaces must be provided at each residence. To minimize the impact of vehicular traffic with pedestrian walkways and movement along internal streets, garages and driveways must be accessed from the rear of the dwelling through an internal alley.

(2)

Independent living facility: one space for each dwelling unit, plus one space per employee on the maximum shift, including all administrative staff and commercial support personnel in the building.

(3)

Assisted living facility: one space for each three dwelling units, plus one space per employee on the maximum shift, including all administrative staff and commercial support personnel in the building.

(4)

Nursing care facility: one space for each five beds, plus one space per employee on the maximum shift, including all administrative and support staff in the building.

(5)

Senior citizens activity center: one space per 150 square feet of floor space.

(6)

The number, size and design of all parking spaces and aisles shall comply with the off-street parking requirements set forth in article VI of this chapter.

(d)

Service delivery and off-street loading. The number, size and design of all loading spaces shall comply with the off-street parking requirements set forth in article VI of this chapter. In addition, the movement of service delivery vehicles to reach the facilities in the development shall be through internal streets and drives that specifically avoid areas with detached single-family residences and duplexes.

(e)

Lighting. Adequate outside lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. At the same time, such lighting shall be arranged so as to minimize glare and reflection on adjacent residential properties and public roads. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles measured at the property line of abutting property zoned for residential use or development.

(f)

Signs. The visual transfer of advertising and other public information through the use of external signs in this zoning district shall comply with the sign regulations set forth in article V of this chapter.

(g)

Vehicle access control. The location and design of all driveways and/or accesses that allow vehicles to enter public streets from a development in this zoning district shall comply with the vehicle access control regulations set forth in article VII of this chapter.

(h)

Internal street design. All internal streets, drives, roadways, and parking and loading areas shall meet the construction standards for streets as set forth in the subdivision regulations of the city. All internal streets shall be privately constructed and maintained. The maximum grade on any street shall be six percent. All street intersections shall be at right angles. The minimum pavement width of any internal street, road or drive shall be 24 feet for two-way traffic and at least 18 feet for one-way traffic. With the exception of designated passenger drop-off areas and loading and unloading spaces, the minimum distance between any independent or assisted living facility, nursing care facility or senior citizens activity center and any internal street or drive shall be 15 feet, while the minimum distance between any such facility and any parking spaces shall be ten feet.

(i)

Sidewalks. All residences, independent or assisted living facilities, nursing care facilities and senior citizens activity centers within a retirement/assisted care development shall be connected and accessible to each other and to any recreational and social facilities in the development through a uniform system of handicapped accessible sidewalks or other paved walkways, minimally six feet in width. Sidewalks shall be required along all internal streets in the development and shall be located at least three feet from the curb.

(j)

Erosion control and stormwater management. The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(k)

Utility provisions. All developments shall be served with minimum public sanitary sewer and water lines of eight inches and six inches respectively, with actual sizing and other technical requirements for connection to public utilities subject to approval by the water/sewer department. All electric, telephone and similar service lines and wiring shall be installed underground, and there shall be no new overhead wiring installed on the property.

(l)

Exterior treatment. Any proposed land use or development approved by the planning commission shall be designed and constructed primarily of masonry materials so as to be architecturally compatible with the architectural character of the general area.

(m)

Accessibility/safety standards. Living areas of all dwelling units shall be handicapped accessible from the front door and/or garage entrance. All exterior and interior doors in dwelling units shall be at least 36 inches wide. Grab bars and nonskid flooring shall be provided in the bathrooms and kitchens of all dwelling units. All independent living, assisted living and nursing care facilities and garden flat units two or more stories in height shall be required to have elevator systems. In addition, all garden flat units, independent and assisted living facilities, nursing care facilities and senior citizens activity centers shall be provided with automatic sprinkler systems in accordance with applicable National Fire Protection Association standards.

(n)

Tree management. The planting, maintenance and removal of trees in this zoning district shall comply with the tree management regulations set forth in article VIII of this chapter.

(o)

Solid waste.

(1)

Each site shall provide a solid waste storage and disposal area, in accordance with the requirements of section 78-20 of this Code.

(2)

Solid waste disposal and storage areas shall be constructed of durable brick or masonry materials that match the exterior treatment used on the building.

(3)

The planning commission may approve, under exceptional circumstances, a method for shared solid waste and disposal areas among adjoining land uses and/or parcels if the proposal improves operational efficiency and convenience and meets the projected solid waste storage and disposal requirements of each participant. As a condition for approval, the planning commission shall require the participating property owners to establish and record on a final plat a permanent access and use easement with language acceptable to the city attorney to ensure permanent joint availability and establish responsibility for maintenance of the shared storage and disposal area.

(4)

The above requirements shall apply to all site plans submitted to the planning commission for consideration in this zoning district, including redevelopment of an existing developed site.

(5)

Each site in existence at the date of adoption of this subsection [April 9, 2001] shall be brought into compliance with the provisions herein no later than May 1, 2006, unless redevelopment occurs first.

(p)

Screening of equipment. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 99-15, §§ 6—9, 9-30-99; Ord. No. 2001-01, § 1, 4-9-2001; Ord. No. 2001-13, §§ 6, 7, 10-8-2001; Ord. No. 2006-04, § 2, 4-24-2006; Ord. No. 2008-02, § 17, 3-24-2008; Ord. No. 2015-07, § 2, 7-27-2015)

Prior to consideration by the planning commission of any development proposal within the zoning district established in this division, a site plan drawn to a scale no smaller than one inch equals 200 feet shall first be submitted to the planning department staff for review and recommendations prior to consideration by the planning commission. The site plan shall contain the following additional information:

(1)

Name, address and phone number of owner, developer and applicant.

(2)

A written statement from the property owner, if other than the applicant, stating that the applicant is acting on his behalf in the submission of this development plan.

(3)

Small scale location map of the proposed site.

(4)

Zoning classification of the site and the acreage involved.

(5)

Topographical contours at five-foot intervals.

(6)

Identification of floodplain boundaries and information as per Federal Emergency Management Agency (FEMA) maps.

(7)

Erosion and sediment control measures, and location of any water quality riparian buffer, in accordance with the requirements of chapter 56 of this Code.

(8)

Location and dimension of internal streets, internal traffic circulation patterns, sidewalks, proposed vehicle access points to public streets, off-street parking spaces and loading areas (including area designated for reduced parking approval), and solid waste disposal areas.

(9)

Drainage calculations and stormwater management plan, in accordance with the requirements of chapter 56 of this Code.

(10)

Landscaping plan, including: calculations of green space areas; landscaping/screening features including the type, number, caliper and location of plantings; buffer strips; and provisions or agreements for the maintenance of green space.

(11)

Location and size of existing and proposed water and sewer lines, other underground utilities, storm drainage and any existing easements.

(12)

Land use table outlining proposed uses and overall densities.

(13)

Development schedule generally setting forth when the applicant intends to commence construction and the anticipated completion date.

(14)

All structures and vehicle access locations on adjacent or abutting properties within 500 feet of the proposed development.

(15)

Building footprint, applicable building setbacks, and color elevation drawings of structures showing height of buildings and exterior treatment.

(16)

Location and illumination patterns of exterior lighting and any sound impact from the land use, if applicable.

(17)

Location of any temporary construction trailers.

(18)

Signage plan, including:

a.

The maximum total sign area, and number of each type of sign to be included on the property, pursuant to article V of this chapter.

b.

The location, dimensions and base of any existing or proposed signs.

c.

Color scheme, lettering/graphic style, lighting and materials for all signs.

(19)

Historically significant sites and significant natural and manmade features or resources, including hillsides in excess of 25 percent grade.

(20)

Type of construction.

(21)

Any additional information that the planning commission may require for the purpose of promoting the health, safety and general welfare of the community.

(Ord. No. 98-31, § 1, 2-8-98; Ord. No. 2002-04, § 4, 4-8-2002; Ord. No. 2003-06, § 2, 5-27-2003; Ord. No. 2008-02, §§ 20, 21, 3-24-2008; Ord. No. 2008-08, § 9, 6-24-2008; Ord. No. 2024-07, § 13, 8-26-2024)

Editor's note— Ord. No. 2008-08, § 10, adopted June 24, 2008, repealed § 78-329, which pertained to administrative approval and derived from Ord. No. 2002-04, § 5, adopted Apr. 8, 2002. See § 78-42 for provisions pertaining to administrative approval.

The HP hillside protection overlay district is hereby established to more adequately meet the challenges of development in the higher elevation areas of the city. The district shall include all areas within the corporate limits of the city with an elevation of 850 feet and greater. The district shall be depicted on the official zoning map of the city; provided, however, that the provisions set forth in this division shall apply to all areas with elevations and grades identified in this division, regardless of whether such areas are depicted on the zoning map. As an "overlay" district, any development or land disturbance within this area shall comply with the technical and development standards in this division in addition to the requirements associated with the primary zoning district. In cases where the technical and development standards and requirements may conflict between the primary district and the overlay district, the more stringent standards and requirements shall apply.

(Ord. No. 2007-18, § 1, 7-23-2007)

It is the intent of the HP hillside protection overlay district to encourage prudent land disturbance and development activities that maintain the natural, topographic character of the land. It is understood that the technical and development standards within the primary zoning district alone are inadequate to preserve and protect the natural environment and scenic beauty of the city's steep hillside areas. The additional standards set forth in this division serve to protect the health, safety, aesthetics, quality of life and general welfare of the community. These standards are directed at minimizing the impact of building construction and land disturbance activities in steep hillside areas including, but not limited to, unsafe geologic disturbance; soil erosion and surface water runoff from excessive removal of trees and other vegetative cover; and severe cutting, physical scarring and visual modification of the natural terrain.

(Ord. No. 2007-18, § 1, 7-23-2007)

For all property located within the HP hillside protection overlay district, except for areas with an elevation less than 930 feet and with grades of less than 15 percent, the following additional technical standards shall apply to the approval of any new platted lot; the construction or erection of any residential dwelling or any other climate controlled structure suitable for human occupancy; and/or any land disturbance activity affecting more than 10,000 square feet:

(1)

Minimum lot area. Three acres.

(2)

Maximum allowable area of disturbance. Within the total acreage of the tract or lot, one acre for the first three acres and one-fifth acre for each additional one acre in the tract or lot.

(3)

Location of buildings. No dwelling or other building shall be permitted in areas with steep grades (as defined in section 78-3 of this Code.) The building envelope shall be located in areas with natural grades classified as conventional or transitional grades. In addition, the building envelope shall be at least 50 feet away from any areas classified as steep grades and visible from properties and roadways in lower elevations.

(4)

Streets. Public streets or private streets built to city standards shall not exceed the maximum permitted grades specified in the city's subdivision regulations. In addition, retaining walls in excess of ten feet in height as measured from final grade and cut and fill sections exceeding 20 feet in the natural topography shall be prohibited. Retaining walls shall be constructed of structurally sound and durable materials in colors that blend into the natural terrain.

(5)

Driveways. Individual driveways and shared driveways with joint user and maintenance easements shall not exceed the maximum permitted grades specified in the city's subdivision regulations. In addition, any retaining wall required for construction of a driveway shall be no more than six feet as measured from final grade and constructed of structurally sound and durable materials in colors that blend into the natural terrain. Multiple retaining walls that are terraced with adequate separation to allow for the planting of suitable landscaping material for screening the walls shall be permitted. The maximum allowable cut and fill sections for any driveway shall be 12 feet. All driveway surfaces shall be constructed of materials and colors that blend into the natural terrain to the greatest extent feasible and practical.

(6)

Land disturbance within steep grade areas. With the exception of permitted driveways that comply with the technical/design standards of this division and are configured to minimize land disturbance to the greatest extent feasible, no additional disturbance or removal of natural vegetation shall be permitted within the steep grade areas of the tract or lot. In addition, the construction of a driveway, utilities or other improvements shall not disturb more than 20 percent of the area between a structure and the public street or authorized private street providing access to the structure. Upon completion of a permitted driveway, suitable fill and soil material shall be installed on the disturbed slopes and the area shall be replanted or landscaped with suitable plant material based on a plan prepared by a Tennessee licensed landscape architect and approved by the planning commission.

(7)

Geotechnical studies. When soil disturbance activities take place in areas with steep slopes or in other areas with potentially unstable soil conditions, the applicant shall provide geotechnical studies prepared by a qualified professional engineer licensed by the State of Tennessee to evaluate site characteristics and recommend design and construction methods that ensure proper and structurally sound soil conditions during and after land disturbance activities. The city's engineering department may require additional or special studies where warranted.

(8)

Visual impact of structure. To the greatest extent feasible and practical, structures in the HP overlay district shall be designed and constructed to blend into the natural terrain. Lower profile homes shall be encouraged, with rooflines that do not extend above the natural tree line and built of materials and colors that blend into the natural tree line. In locations with limited vegetation and open visibility to properties and roadways at lower elevations, additional trees and shrubs may be required to screen the structure.

(9)

Tree protection/landscaping around structure. Existing natural vegetation around a proposed structure in the HP overlay district, particularly if located in areas of potential high visibility from properties and roadways at lower elevations, shall be preserved to the greatest extent feasible and practical. A tree survey shall be prepared to identify all existing trees with calipers of four inches or greater within the proposed areas for disturbance, and extending 50 feet beyond the disturbed areas. The tree survey shall identify all trees proposed for removal. Additional evergreen trees and shrubs may be required to effectively screen the structure. The proposed landscape plan shall identify planting elements by type, caliper, height (at planting and at maturity) and location for planting. Limited removal and trimming of vegetation and trees to partially open up the view of the lower areas from the structure may be permitted, provided 75 percent of the structure is not visible during the winter season from properties and public streets at lower elevations. All tree protection, new plantings and tree removal shall be subject to a detailed plan prepared by a Tennessee licensed landscape architect and approved by the planning commission.

(10)

Fire protection. All structures designed for human use and occupancy, including residential dwelling units and garages, shall be protected through an automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) standards and requirements and approved by the fire chief or his designee.

(Ord. No. 2007-18, § 1, 7-23-2007; Ord. No. 2015-07, § 3, 7-27-2015)

(a)

Nonconforming lots and structures. Within the HP hillside protection overlay district, any lot established on an unexpired, approved preliminary plan or executed final plat and/or any existing structure that was lawfully constructed prior to July 31, 2007 may be developed, improved or continued in use; provided, however, when such property is developed or when an existing structure is enlarged by more than a 50 percent expansion in total square footage or 2,000 square feet of finishable floor space, whichever is less, the site shall be brought into conformance with the technical/design standards of this division to the greatest extent feasible. Exceptions to the standards may be approved by the planning commission when it determines that the proposed plan will more adequately achieve the intent of this division and/or full compliance will pose an undue burden on the property owner.

(b)

Areas with conventional grades. Areas with an elevation less than 930 feet and with grades of less than 15 percent shall be exempted from the requirements of this division. When construction or development activities are proposed for any area with an elevation of at least 850 feet but less than 930 feet, the planning department may require a field run, topographical survey to verify compliance within the maximum grade standard permitted for the exemption.

(Ord. No. 2007-18, § 1, 7-23-2007; Ord. No. 2007-29, § 1, 11-26-2007)

(a)

Activities requiring approval. Within the HP overlay district, except for exempted areas with conventional grades, planning commission approval shall be required prior to:

(1)

Issuance of a permit for construction of any dwelling or structure suitable for human occupancy, or alteration of a lawful nonconforming structure which will expand the total square footage by more than 50 percent or 2,000 square feet of finishable floor space, whichever is less.

(2)

Any alteration of the exterior elevation of any structure approved under this section.

(3)

Issuance of a grading permit for a non-public land disturbance.

(b)

Information required. For all activities requiring approval by the planning commission under this subsection, the property owner and/or applicant shall provide a site plan to the planning department staff for review and recommendations prior to consideration by the planning commission. The plan shall be prepared by a qualified professional engineer or landscape architect licensed to practice in the State of Tennessee, and shall include sufficient technical information as may be needed to determine compliance with the requirements in this division. At minimum, the application shall include the following information:

(1)

Name, address, phone number and electronic mailing address of the owner, developer and applicant;

(2)

Small scale location map of the proposed site;

(3)

Primary zoning district classification of the site and acreage involved;

(4)

All structures and street/driveway access to adjacent properties within 1,000 feet;

(5)

Topographic contours at two-foot intervals, including highlighted identification of all areas with an elevation of 850 feet and greater and designation of areas on the property between conventional, transitional and steep grades;

(6)

Geotechnical study that evaluates site characteristics and provides recommendations for design and construction, if required;

(7)

Detailed site plans showing the locations of driveways and access points to the street; grades of the driveways, including cut and fill sections; retaining walls, with lengths and dimensions identified; location and size of utilities, storm drainage improvements and associated easements; landscaping; and overall site grading plan with erosion and sediment control measures;

(8)

The location of required tree protection areas and legal restrictions and provisions satisfactory to the city attorney to ensure permanent preservation of trees within such areas;

(9)

Structure footprints on the site, applicable building setbacks, and color elevation drawings showing height of buildings and exterior treatment; along with a visual simulation of the proposed structure placed on photographs of the existing hillside area to show how the structure will appear from various locations, properties and roadways at the lower elevation areas;

(10)

A written statement from the property owner, if other than the applicant, stating the applicant is acting on his behalf in the submission of the site plan; and

(11)

Any additional information that the planning commission may require for the purpose of promoting the intent of this division.

(c)

Time limitation. A site plan approved by the planning commission for property within the HP overlay district shall be valid for no longer than the vesting period provided for in section 78-43 herein.

(d)

Certificate of occupancy. Prior to completion of a structure within the HP overlay district and issuance of a certificate of occupancy, an inspection shall be conducted by responsible city departments to determine if the improvements have been completed according to the approved plan. If at any time during construction it is determined that the work being performed is not in compliance with the requirements of this division and the approved site plan, a stop work order shall be issued immediately. The order shall remain in effect until the work is brought into compliance with this Code.

(Ord. No. 2007-18, § 1, 7-23-2007; Ord. No. 2014-16, §§ 6, 7, 10-27-2014)

The Legislature of the State of Tennessee has in T.C.A. Title 13, Chapter 7, Part 2, delegated the responsibility to municipalities to adopt zoning regulations designed to promote the public health, safety, and general welfare of its citizenry. Pursuant to said legislation, municipalities may establish special districts or zones in those areas deemed subject to seasonal or periodic flooding, and may apply regulations therein as will minimize danger to life and property, and as will secure the eligibility for flood insurance to the citizens of the city. In furtherance of the aforestated goals, the flood hazard district is hereby established.

(Ord. No. 2009-13, § 7, 1-25-2010)

The flood hazard district is established to meet the needs of the city's rivers and local tributaries to carry the abnormal flows of water in times of flood; to prevent encroachment into the district which would increase flood heights and flood damage; and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard.

(Ord. No. 2009-13, § 7, 1-25-2010)

The flood hazard district as established in this division shall consist of the special flood hazard areas as defined in chapter 56, article II of this Code.

(Ord. No. 2009-13, § 7, 1-25-2010)

Within the flood hazard district, all uses and development of property shall be subject to the restrictions set forth in chapter 56, article II of this Code. The floodway district shall be an overlay district, and the requirements associated with the floodway district shall be in addition to the requirements associated with the primary zoning district.

(Ord. No. 2009-13, § 7, 1-25-2010)

(a)

At the time of consideration of a request for rezoning to a commercial or service institutional zoning district, the board of commissioners may apply additional special restrictions on permitted uses and/or additional technical and development standards for the property for which the rezoning is requested, if the board determines that the otherwise permitted uses and/or applicable technical and development standards for the district at the specific location are inadequate to preserve traffic control and aesthetics and to protect the health, safety, conveniences, quality of life and general welfare of the citizens of the city. In no case shall the special restrictions expand the permitted uses or reduce the technical and development standards authorized in the district.

(b)

Special restrictions established by the board of commissioners pursuant to this division shall be incorporated into the ordinance authorizing the rezoning of the specific property. The property owner shall maintain all rights to withdraw the rezoning request prior to approval of the ordinance on final reading.

(c)

The request for rezoning shall be made to the planning director by the landowner of the affected property or his authorized agent in accordance with the requirements of section 78-86 et seq. Where special restrictions are to be incorporated into the rezoning ordinance under this division, the landowner or his authorized agent shall also submit:

(1)

A preliminary master development plan for the property, which shall be a general conceptual plan including detail sufficient to establish the scope of the development;

(2)

Any grant of easements or other restrictions to be imposed upon the use of the land, buildings and structures; and

(3)

The proposed usage of public utilities and a development schedule setting forth when the owner intends to commence, construct and complete the project.

(d)

No request for a zoning district change shall be considered by the board of commissioners until the request is deemed complete by the planning director. If a request for a zoning district change or the information provided pursuant to subsection (c) of this section is deemed incomplete by the planning director, he shall notify the parties making the request of the need for additional information. Such notification shall be sent by the planning director within ten days of the submittal of an original request, amended request or the filing of information pursuant to subsection (c) of this section. Until deemed complete by the planning director, a request shall be held in abeyance and not submitted to the board of commissioners for further consideration.

(e)

The special restrictions established for property under this division shall constitute an overlay district for the primary zoning district classification. Any parcel rezoned under this division shall be shown on the city's official zoning map as being within both the primary and SR (special restrictions) overlay district. The special restrictions established for all property rezoned under this division shall also be recorded with the office of the county register of deeds.

(f)

Prior to the construction of any building or the repair or alteration of the exterior of any building within a special restrictions overlay district, the planning commission shall review and approve the plan for such construction, repair or alteration to ensure compliance with the special restrictions in the ordinance rezoning the property and with the general conditions and requirements of the underlying rezoning district.

(g)

Any proposed amendment to an approved preliminary master development plan which involves a basic change in the permitted uses and/or technical and development standards or any realignment of public right-of-way as established for property within a special restrictions overlay district shall be submitted to the board of commissioners for its review and approval. Any such amendment shall be treated as an amendment to the ordinance establishing the special restrictions overlay district.

(h)

Nothing in this division shall prohibit the conveyance of property to the city by deed or dedication or the enforcement of any rights to which the city may be entitled as a property owner.

(Ord. No. 94-18, § 1(11-2501), 4-11-94; Ord. No. 2006-20, § 1, 9-25-2006)

It is the intent of this division to provide suitable areas for large estate lots and for agricultural uses such as the growing of crops, animal husbandry, and similar farm activities characteristic of rural rather than urban areas. Residential development in this district shall be characterized by very low density detached single-family dwellings of a rural character or by estate lot development that minimizes driveway access and traffic impact on heavily travelled arterial streets, including but not limited to residential lots fronting Franklin Road. Within the agricultural/residential estate (AR) districts, as shown on the zoning map of the city, the regulations set out in this division shall apply.

(Ord. No. 94-54, § 1(11-301), 12-19-94)

The following uses are permitted within the AR zoning districts:

(1)

General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals, and any similar agricultural uses which are in keeping with the character and intent of the district subject to the provisions of section 10-4 of this code.

(2)

Detached single-family residences, subject to the limitations established in section 78-19 of this Code.

(3)

Designated open space including leisure facilities within a planned residential subdivision subject to the standards and limitations specified in section 78-130.

(4)

Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-128.

(5)

Home occupations, as defined in section 78-3, subject to the standards and limitations specified in sections 78-26 through 78-29.

(6)

Accessory uses such as:

a.

Swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-128 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard.

b.

Gazebos, subject to the standards and limitations set forth in section 78-128. To the extent that any such structure is an "accessory building," as defined in section 78-3, such structure shall also be subject to the provisions of section 78-22.

c.

Arbors, pergolas and similar freestanding open air structures, subject to the standards and limitations set forth in section 78-128.

d.

Portable storage structures, subject to the standards and limitations set forth in section 78-24.

e.

Windmills, subject to the standards and limitations set forth in section 78-25.

(7)

Bed and breakfast lodges, subject to the following requirements:

a.

A bed and breakfast lodge may be operated only by special exception granted by the board of zoning appeals. The historic commission shall provide a recommendation on any such application prior to the decision of the board of zoning appeals. A special exception granted for a bed and breakfast lodge may be contingent upon special conditions established by the board of zoning appeals in addition to the requirements herein. Failure to comply with any of the requirements herein or the special conditions established by the board of zoning appeals shall be grounds for revocation of the board's approval. A separate home occupation permit from the board of zoning appeals shall not be required for the operation of a bed and breakfast lodge.

b.

A bed and breakfast lodge may be operated only at a dwelling which has been designated as a historically significant site pursuant to section 2-181 of this Code and which is located on a lot which is either:

1.

At least four acres in size; or

2.

Served by an arterial roadway.

c.

An employee of the bed and breakfast lodge must remain on the premises overnight whenever guests are present. No more than two nonresident employees may be present at the bed and breakfast lodge at any given time.

d.

Associated food service shall be provided only to overnight visitors. The sale of merchandise, except for the sale of incidental merchandise to overnight visitors, shall be prohibited.

e.

All parking for guests and employees of the bed and breakfast lodge must be off-street. A clear access for emergency vehicles must be maintained at all times. Prior to consideration of the application by the board of zoning appeals, such emergency vehicle access shall be reviewed by the fire marshal. The fire marshal may make recommendations for improvements, which may be incorporated into any conditions of approval adopted by the board of zoning appeals. The board of zoning appeals may, at its discretion, require the applicant to submit, at the applicant's cost:

1.

A site plan, showing the proposed layout of parking areas for the property, along with ingress and egress; and/ or

2.

An opinion from a traffic engineer as to the sufficiency of the proposed ingress and egress, along with recommendations for any measures which should be taken to mitigate traffic impacts associated with the bed and breakfast lodge.

f.

The prior approval of the planning commission, following review and recommendation of the historic commission, shall be required for any structural addition on the property; any modification to the exterior of the dwelling or accessory structures; or any addition or relocation of driveways, parking areas or other similar hard surfaces. The gross floor area of any existing structure used as a bed and breakfast lodge may not be expanded more than 25 percent.

g.

The bed and breakfast lodge shall adhere to and operate within all applicable laws, regulations and guidelines established by the city, county and state. A copy of all inspection reports provided by the county or state shall be submitted to the planning and codes department. Furthermore, the lodge shall be open to inspection by representatives of the city at all times for the purpose of determining compliance with the requirements hereunder.

h.

The bed and breakfast lodge shall maintain current city and county business licenses.

(8)

Garage sales conducted by the owners or tenants of the property, provided that no person is compensated for conducting the sale, no more than two garage sales shall occur at the same location in any calendar year, and the duration of a single garage sale shall not exceed two days. Additionally, one auction or other sale to dispose of the household assets of a deceased resident or a resident who is relocating may be held at the resident's home, and the person or agency conducting such a sale may be compensated. No sale of merchandise purchased for resale shall be permitted at a garage sale.

(9)

Consignment sales conducted by the owners or tenants of the property, provided that consignment sales may only occur during the months of April and September, and between the hours of 8:00 a.m. and 6:00 p.m. No more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single consignment sale shall not exceed three days. Setup for a consignment sale shall be commenced no sooner than three days prior to the first date of the sale. No tents shall be used in conjunction with a consignment sale. Cleanup of the sale location, including removal of all sale items, signs and displays, shall be accomplished within two days following the last date of the sale. Authorization to conduct a consignment sale shall be contingent upon application by an owner or tenant of the property and issuance of a permit by the city manager or his designee. No sale of merchandise purchased for resale shall be permitted at a consignment sale.

(10)

Merchandise sales conducted in conjunction with a lawful home occupation permitted under the provisions of this chapter, but only as provided for in section 78-29 herein.

(11)

Mobile food vending associated with events conducted by homeowner or property owner associations or with other special events approved by the planning commission, provided that mobile food vending operations shall be subject to the regulations established in chapter 18, article VI of this Code. In addition, mobile food service vehicles providing pre-arranged catering services on private property are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 94-54, § 1(11-302), 12-19-94; Ord. No. 2001-15, § 2, 10-22-2001; Ord. No. 2002-14, § 3, 8-26-2002; Ord. No. 2002-21, § 2, 10-28-2002; Ord. No. 2005-23, § 4, 10-24-2005; Ord. No. 2008-18, §§ 7, 8, 11-10-2008; Ord. No. 2009-09, §§ 4—8, 9-28-2009; Ord. No. 2017-02, § 1, 2-27-2017)

Any use or structure that is not specifically permitted in the AR agricultural/residential estate district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Any use or structure for which approval of the board of zoning appeals is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 94-54, § 1(11-303), 12-19-94; Ord. No. 2002-04, § 3, 4-8-2002)

For all property within the AR zoning districts, the following minimum technical standards shall apply to each lot and the principal structure thereon:

(1)

Minimum required lot area, three acres.

(2)

Maximum lot coverage by all buildings, 25 percent.

(3)

Minimum required lot width at building line, 300 feet.

(4)

Minimum required front yard setback, 175 feet. (The applicable front yard setback for structures facing Franklin Road shall be measured and calculated from the public right-of-way line as it existed on January 1, 1977.) The front yard setback may be reduced to no less than 125 feet, provided that:

a.

The lot fronts a local street, as designated by section 78-483 of this Code.

b.

The local street is not a through street that connects to adjacent properties.

c.

The setback reduction shall be subject to planning commission approval.

(5)

Minimum required rear yard setback, 75 feet.

(6)

Minimum required side yard setback for side yards not abutting a public street, 50 feet.

(7)

Minimum required side yard setback for side yards abutting a public street, 75 feet.

(8)

Minimum off-street parking/driveway requirements, two per dwelling unit. The driveway shall comply with residential design standards as designated in subsection 78-486(14) of this chapter.

(9)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure) or a total of three stories if a full or partial underground basement level is included, provided that one-half of the perimeter walls of the basement level must be at least 50 percent below grade level. For purposes of this section, a finished or unfinished attic floor with dormer windows shall not be counted as a story. In no event shall the maximum height exceed 52 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(10)

Private outdoor lighting, designed and installed not to exceed three footcandles measured at the property line of any abutting property unless the abutting residential property owners agree in writing to higher illumination standards at the time of installation.

(Ord. No. 94-54, § 1(11-304), 12-19-94; Ord. No. 95-18, § 1, 5-8-95; Ord. No. 96-04, § 2, 3-25-96; Ord. No. 2007-12, § 13, 4-23-2007; Ord. No. 2017-04, § 1, 3-27-2017)

Home occupations may be practiced on any property within an AR zoning district only after issuance of a permit pursuant to section 78-126 or section 78-127, provided that no such permit shall be required for general farming activities permitted under section 78-122. All permits for home occupations must be renewed with the city annually by July 1 if the home occupation is to be continued and shall expire if not renewed by such date. Failure by the occupant to renew the permit shall void the previous authorization of the home occupation use and may subject the occupant to enforcement action by the city if the home occupation use is continued at the property. All home occupation uses for which permits are required under this division shall be subject to the following limitations:

(1)

The home occupation shall be located and conducted in the dwelling unit only;

(2)

The principals and any other persons employed on the property in furtherance of the home occupation shall be residents of the dwelling unit in which it is located; provided, however, that where the board of zoning appeals finds that a hardship exists, one nonresident of the property may be employed on the property in furtherance of the home occupation on a temporary basis for a period not to exceed 12 months;

(3)

Not more than ten percent of the total floor area in the dwelling unit shall be devoted to the home occupation;

(4)

The dwelling unit shall not be used as a primary or incidental storage facility for a business, industrial, commercial or agricultural activity conducted elsewhere;

(5)

No articles, materials, goods or equipment indicative of the home occupation shall be visible from any public street or stored outside the dwelling unit;

(6)

The home occupation shall not be advertised by the display of goods or signs on the lot on which it is located;

(7)

The proposed use shall not generate noise, odor, fumes or smoke, nor create a nuisance of any kind which would adversely affect the residential character of the neighborhood in which it is located;

(8)

No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood. Except as provided for in subsection (9) below, no client or customer shall visit the property for purposes of conducting a business transaction;

(9)

Teaching, including but not limited to tutoring and art, music and dance lessons, shall be permitted provided that it is limited to one pupil at any given time; and

(10)

The provisions of this section shall not be used under any circumstances to permit driver education or any use that requires overnight parking of more than one vehicle, barbershops, beauty shops, gift shops, gun sales, florist shops or other retail activities that are traditionally conducted in a commercial zoning district.

(Ord. No. 94-54, § 1(11-305), 12-19-94; Ord. No. 96-45, §§ 3, 4, 12-9-96; Ord. No. 2002-14, § 1, 8-26-2002)

(a)

The following home occupations, when deemed to be non-traffic generating uses posing no threat to the health, safety and welfare of the citizens of the city, shall be permitted within an AR zoning district subject to application by the occupant and issuance of a permit by the city manager or his designee:

(1)

Artist, sculptor, author and songwriter;

(2)

Designer, planner, architect, engineer, contractor, draftsman and graphic artist; and

(3)

Accountant, lawyer, information processing, traveling salesperson, manufacturer's representative, insurance agent, real estate agent and management and financial consultant.

(b)

Any person practicing a home occupation under this section shall be required to comply with all requirements for home occupation uses as specified in section 78-125. In addition, no business transaction shall occur on the property other than through telecommunication devices. Failure to comply with these requirements may result in revocation of the permit by the city manager or his designee.

(c)

If, in the opinion of the city manager or his designee, the proposed home occupation fails to meet the criteria of this section or if an existing permit is revoked due to failure by the occupant to comply with requirements of the permit, the occupant shall have the right to appeal the decision to the board of zoning appeals.

(Ord. No. 94-54, § 1(11-306), 12-19-94)

Customary incidental home occupations not specifically provided for under section 78-126 may be permitted, provided that no building permit, certificate of occupancy or business license for such uses shall be authorized and issued by the city without the written approval of the board of zoning appeals. Any person practicing a home occupation under this section shall be required to comply with all requirements for home occupation uses as specified in section 78-125. Failure to comply with these requirements or any additional conditions required by the board of zoning appeals may result in revocation of the permit for the home occupation by the board of zoning appeals. The approval of the board of zoning appeals shall be subject to such additional conditions and limitations as the board may require in order to preserve and protect the character of the neighborhood in which the proposed use is located.

(Ord. No. 94-54, § 1(11-307), 12-19-94; Ord. No. 96-45, § 7, 12-9-96)

(a)

Accessory buildings which are customarily incidental to the other uses permitted in this division may be placed or constructed on any parcel within an AR zoning district, provided that all requirements for accessory buildings as set forth in section 78-22 are met. Each accessory building shall be placed within the buildable area of the lot, unless the board of zoning appeals grants an exception allowing the accessory building to be placed outside the buildable area. In considering a request for an exception to place an accessory building outside the buildable area, the board of zoning appeals shall consider the potential detriments or advantages to the neighboring properties and the surrounding neighborhood in general. In no event shall an accessory building within the AR zoning district be less than 50 feet away from any adjoining property line.

(b)

Gazebos may be placed or constructed on any parcel within an AR zoning district, provided that no gazebo may be less than 50 feet from any adjoining property line. To the extent that a gazebo is of sufficient size to be considered an "accessory building," as defined in section 78-3, such structure shall be subject to the provisions of section 78-22.

(c)

Arbors, pergolas and similar freestanding open air structures may be placed or constructed on any parcel within an AR zoning district. Any such structure which is more than ten feet in height or five feet in width shall be located at least 50 feet away from any adjoining property line. Any such structure which is ten feet or less in height and five feet or less in width may be placed anywhere within the lot, unless such placement would interfere with the use and maintenance of a public easement.

(Ord. No. 94-54, § 1(11-308), 12-19-94; Ord. No. 95-36, § 1, 7-24-95; Ord. No. 99-11, § 2, 7-26-99; Ord. No. 2008-18, § 9, 11-10-2008)

(a)

No parcel within an AR district may be subdivided into lots less than five acres unless provisions are made by the property owner to provide sanitary sewer service from the city to each newly created lot in a manner and method acceptable to the city manager or his designee. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance for each parcel by the county health department.

(b)

For existing platted lots less than five acres, no building permit shall be issued for the construction of any single-family residence or other building allowed in this district unless the residence or other building is connected to the sanitary sewer system of the city. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department.

(Ord. No. 94-54, § 1(11-309), 12-19-94)

Residential subdivisions platted for approval under the provisions of this division may include designated open space tracts of size, location, shape and topography which will meet the intent of this division. All proposed open space designations and uses shall be subject to the review and approval of the planning commission. All facilities and improvements proposed for construction or installation by the developer in designated open spaces shall be fully bonded prior to the recording of the subdivision plat to ensure completion in accordance with the approved plan and timetable if the developer fails to complete such obligations. The following additional provisions shall apply to the designation and maintenance of open space:

(1)

Permitted open space uses. Open space may be set aside for:

a.

Private recreational facilities such as golf courses, tennis courts, clubhouses, or swimming pools for which membership is limited to the owners or occupants of the lots located within the subdivision; and

b.

Historically significant sites, public utilities and drainage improvements, parks, parkway areas, walking/jogging and bicycle trails, extensive areas with tree cover, and land along rivers and streams or steep hillsides when such areas are extensive and have natural features worthy of scenic preservation.

(2)

Easements.

a.

For any new subdivision with designated open space tracts, the developer shall dedicate perpetual scenic easements for all portions of the open space that are to be left undisturbed and in a natural state. In addition, the developer shall dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

b.

For any existing subdivision with designated open space tracts, the homeowners association or other entity which owns the open space may, subject to the planning commission's approval, dedicate perpetual scenic easements for any portions of the open space that, in the determination of the planning commission, should be left undisturbed and in a natural state. In addition, the homeowners association or other entity which owns the open space may dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

(3)

Requirements for operation and maintenance. Operation and maintenance of designated open space in an AR district shall be carried out pursuant to the following provisions:

a.

Designated open space shall be deeded by the developer to a homeowners association or other organization approved by the planning commission. When such tracts are to be deeded to a homeowners association, the developer shall submit to the director of planning the legal framework for a homeowners association, with articles of incorporation and by-laws which, at a minimum, provide as follows:

1.

The homeowners association will be responsible for liability insurance, local taxes, and maintenance for the open space, including recreational and other facilities, for a period of not less than 40 years.

2.

The homeowners association shall not dispose of any designated open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open space and approved by the planning commission) without first offering to dedicate the open space to the city, provided that such dedication must be approved by the board of commissioners, following review and recommendations by the planning commission. The conditions of any transfer shall conform to the officially recorded concept development plan.

3.

The homeowners association shall not be dissolved, except upon disposal of the designated open space as provided for in this section.

4.

When more than 50 percent of the lots within the subdivision are sold, a special meeting of the homeowners association shall be called within 60 days to initiate an orderly process for transfer of control to the homeowners.

5.

The deeds to individual lots within the subdivision shall require mandatory membership in the homeowners association, convey joint ownership in all the open space within the development, and provide at a minimum that:

i.

The lot owner shall be responsible for paying a pro rata share of the costs of the homeowners association operation for a period of not less than 40 years;

ii.

The assessments levied by the association may become a lien on the property if not paid;

iii.

The association may adjust its by-laws and structure to meet changing needs;

iv.

The lot owner shall have permanent unrestricted right to use lands and facilities owned by the association; and

v.

The lot owner shall be responsible for a proportional share of any cost of maintaining designated open space incurred by the city pursuant to the provisions of this division, except where a maintenance agreement establishing other provisions has been negotiated between the city and the development, and any such costs assessed but not paid shall become a lien on the owner's property.

b.

If the organization established to own and maintain any designated open space, or any successor organization, shall at any time after the establishment of the residential subdivision fail to maintain the open space in reasonable order and condition in accordance with the officially recorded concept development plan, the city manager may serve written notice uponsuch organization and/or the owners of all property within the subdivision advising of such deficiencies and the right to a formal hearing regarding such deficiencies. Upon request received by the city manager within 14 days of the date of such notice, he shall conduct a hearing to allow proposals for the maintenance of such space to be heard. If such deficiencies are not corrected within 30 days, or within such time as the city manager may establish after conducting a hearing on the deficiencies, the city manager may call upon any public or private agency to maintain the open space for a period of one year. If after one year, the city manager determines that the organization is still unable or unlikely to maintain the open space, he may continue to call upon any public or private agency to maintain the space for yearly periods. The cost of maintenance shall be assessed proportionally against the properties within the residential subdivision that have a right of enjoyment of the open space, and, if not paid, shall become a lien on such properties.

(Ord. No. 94-54, § 1(11-310), 12-19-94; Ord. No. 2002-18, § 1, 10-14-2002)

(a)

The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(b)

Erosion and sediment control measures, drainage calculations and stormwater management plans shall be included with each subdivision plan presented for approval, in accordance with the requirements of chapter 56 of this Code.

(c)

Water quality riparian buffers, if required pursuant to chapter 56 of this Code, shall be identified on the subdivision plan, and shall be designated as open space, as provided for in this division. No portion of a water quality riparian buffer may be within a private lot.

(Ord. No. 2008-02, § 8, 3-24-2008; Ord. No. 2024-07, § 1, 8-26-2024)

The intent of the Agricultural Residential Estate—Innovative Project (AR-IP) zoning district is to provide for slightly smaller estate lots, preserving additional open space, while at the same time maintaining the overall three-acre density of the AR—General district. While the overall density of the AR—General zoning district of one dwelling unit per three-acres would still apply within the AR-IP, a minimum lot area of two acres shall be required, with permanent dedicated open space making up the difference between the actual lot sizes and the required density. Unless otherwise set forth within this division, all provisions of division 2, subdivision I, AR—General shall apply within an AR-IP zoning district. Only those properties currently zoned AR and located adjacent to or contiguous to other AR zoned properties along Old Smyrna Road are eligible to seek a rezoning to this category.

(Ord. No. 2021-23, § 2, 11-22-2021)

(a)

Before formal approval of an AR-IP development plan, the applicant may submit a preliminary concept plan development plan to the planning and codes department for initial review and comment by the board of commissioners and the planning commission. The purpose for review of a preliminary concept development plan is to provide guidance to the applicant on the overall worthiness and direction of the proposed plan prior to the applicant making a significant financial investment in the preparation of a detailed site development plan associated with a rezoning application. In no event shall positive guidance from the board of commissioners and planning commission be construed as official endorsement or approval of the rezoning application.

(b)

The AR-IP development plan shall provide a more innovative lot layout and preserve sufficient open space. The submission of a proposed AR-IP development plan shall be at the option of the property owner. If approved, the tract shall be designated on the city's official zoning map as AR-IP (Agricultural Residential Estate—Innovative Project). The approved development plan shall be a binding attachment to the AR-IP rezoning ordinance and shall serve as the basis for design and layout of the preliminary plan and final subdivision plats.

(c)

The planning commission shall approve any proposed revisions to a previously approved development plan for properties within the AR-IP district. Modifications to a previously approved AR-IP development plan must comply with the requirements of section 78-135, below.

(Ord. No. 2021-23, § 2, 11-22-2021)

An adopted AR-IP subdivision plan shall meet the following minimum technical and development standards and associated requirements in the city's subdivision regulations. If the following requirements in the AR-IP district conflict with the underlying AR zoning district standards set forth in subdivision I above, the provisions of the AR-IP district shall prevail.

For all property within the AR-IP zoning district, the following minimum technical standards shall apply to each lot and the principal structure thereon:

(1)

Minimum required lot area, two acres,

(2)

Minimum subdivision density, three acres,

(3)

Front yard setback, 100 feet,

(4)

Side yard setback, not abutting a street, 30 feet,

(5)

Side yard setback, abutting a street, 45 feet,

(6)

Rear yard setback, 50 feet,

(7)

Minimum required lot width at the building line, 200 feet.

(a)

Subdivision layout:

(1)

Historic/archeological preservation: Any site on the tract which has been designated as a historically significant site pursuant to section 2-181 of this Code shall be preserved, along with sufficient acreage to permanently protect the integrity of the site's features. Such designated acreage shall be counted toward the minimum acreage requirement for permanently dedicated open space regardless of ownership; however, any historic structure used as a residential dwelling shall be counted toward the total number of dwelling units permitted in the development. The new residential development shall be arranged and configured to be compatible in architectural style, size, scale and orientation with the historically significant site and structures. Additionally, the proposed preservation plan shall be submitted to the Brentwood Historic Commission for its review and recommendations prior to formal approval of the development plan by the planning commission.

(2)

Street trees: Trees shall be planted along all interior streets, whether publicly or privately maintained in a designated linear green space at least eight feet wide that is located in the right-of-way or access easement between the back of the street curb and sidewalks.

(3)

Sidewalks: Sidewalks shall be installed in accordance with the requirements of the city's subdivision regulations.

(4)

Street lighting: Lighting shall be installed according to city standards on poles that are no more than 30 feet in height.

(Ord. No. 2021-23, § 2, 11-22-2021)

An adopted AR-IP subdivision plan shall meet the following minimum technical and development standards and associated requirements in the city's subdivision regulations. If the following requirements conflict with the underlying AR zoning district standards set forth in subdivision I above, the provisions of the AR-IP district shall prevail.

(a)

No deviations from the development plan, approved by the board of commissioners shall be permitted unless an amendment to the plan is approved, as set forth below. Any unapproved deviation from the development plan shall be a violation of this section.

(1)

Any proposal for a modification to an approved development plan for an AR-IP development shall be considered after submittal of a revised development plan including the minimum detail required for review of a new development plan as established in this section.

(2)

Any of the following modifications to the previously approved development plan shall be submitted to the planning commission for its review and recommendation and to the board of commissioners for its approval by resolution:

a.

An increase in the total number of single-family lots;

b.

Any alteration of vehicle access for the development to existing public streets;

c.

Any alteration to the permanent use of the common open space areas or the type or location of structures, facilities, recreation improvements or public access drives within such open space; and

d.

Any modification to any special restrictions placed on an AR-IP development pursuant to this division.

(3)

Any other modification to an approved development plan for an AR-IP development, including, but not limited to, changes in the future arrangement of internal streets, rights-of-way or lots must be submitted to the planning commission for approval of a revised preliminary plan.

(b)

A development plan approved by the board of commissioners for property within the AR-IP zoning district shall be valid for no longer than the vesting period provided for in section 78-43 herein. Notwithstanding the foregoing, the development plan shall remain in effect if the applicable development standards have not changed since the approval of the development plan.

(c)

A subdivision plat shall be prepared for each AR-IP development or phase or section thereof in accordance with the approved development plan and submitted to the planning commission for its review and approval pursuant to the requirements of the subdivision regulations.

(d)

It is the intent of this section to preserve the existing character of the community through the preservation of open spaces along arterial streets and to protect against adverse traffic conditions by encouraging safe vehicular access to and from arterial streets. For all lots platted within an AR-IP zoning district an undisturbed or landscaped buffer strip with a minimum width of 50 feet shall be required between such lots and the right-of-way of any arterial street as defined in article VII of this chapter. The right-of-way of the arterial street from which the buffer strip is to be measured shall be as determined by the planning commission and shall include any dedications of property for widening or other improvements. The buffer strip shall consist of plantings and physical features sufficient to screen direct view of the street, reduce glare and noise, and provide greater privacy for the adjoining residences. A landscaping and screening plan for the buffer strip shall be submitted to the planning commission for its approval at the time the preliminary plat is submitted. The buffer strip shall be included as part of the designated open space for the subdivision and shall be subject to all regulations regarding designated open space as set forth in this division.

(e)

For each lot platted within an AR-IP zoning district and abutting an arterial street as defined in article VII of this chapter or a buffer strip as required below, the following additional technical standards shall apply to the lot and the principal structure thereon:

(1)

A required 50-foot wide landscaped buffer along the arterial street is intended to screen direct view of the development from the street, reduce glare and noise, and provide greater privacy for the adjoining residences. Additional internal open space areas of sufficient size and location shall be provided for the use of all residents within the subdivision.

(2)

Decorative horse fences shall be permitted within the buffer.

(3)

Within the larger permanent open space tracts, the planning commission may require additional and substantial tree plantings and installation of earthen berms, fences and other features where there is no unique topography, scenery or countryside present.

(4)

All principal structures and driveways shall be oriented to internal streets within the development.

(5)

Except where permitted for lots of three acres or more in size abutting an arterial street, there shall be no direct vehicle access to the arterial street.

(6)

The minimum setback from a buffer strip shall be 100 feet.

(7)

No stormwater detention/retention facilities shall be located within any required buffer. Exceptions to the pond locations may be considered when the topography dictates drainage patterns. The pond elevation in relation to adjacent streets and properties will be a factor in the consideration of exceptions.

(Ord. No. 2021-23, § 2, 11-22-2021)

(a)

All uses permitted under section 78-122 for the AR-General district shall be permitted, unless otherwise set forth within this section.

(b)

Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-128. Accessory building(s) shall be located in the buildable area of the rear yard, except when a lot is located within the hillside protection overlay district. Lots that are located within the hillside protection overlay may also place accessory building(s) in the buildable area of the front yard and side yard subject to planning commission review and approval. Board of zoning appeals approval shall not be required, as specified in section 78-22, when the planning commission has reviewed an accessory structure site plan within the hillside protection overlay. The planning commission shall review to ensure the placement does not negatively impact surrounding lots and structures.

(c)

Accessory uses such as swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-128 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard, except when a lot is located within the hillside protection overlay. Lots that are within the hillside protection overlay may also place accessory uses in the buildable area of the front and side yard subject to planning commission review and approval. The planning commission shall review to ensure the placement does not negatively impact surrounding lots and uses and is in keeping with the overall design standards of the subdivision.

(Ord. No. 2023-03, § 2, 4-24-2023)

Editor's note— Ord. No. 2023-03, § 2, adopted April 24, 2023, repealed the former § 78-136, and enacted a new section as set out herein. The former § 78-136 pertained to uses prohibited and derived from Ord. No. 2021-23, adopted Nov. 22, 2021.

It is the intent of this division to permit greater flexibility for creative design of detached single-family residential subdivisions so as to preserve significant natural or manmade features and resources, to minimize disturbance of floodplains and steep hillside areas, to encourage preservation of open space along arterial streets and on other highly visible tracts in the city, and/or to allow for recreational opportunities by incorporating open space into the subdivision. While traditional subdivisions result in homes more or less evenly spaced throughout the tract, open space residential development (OSRD) zoning district provisions shall allow individual lot and yard requirements to be reduced to permit the arrangement of homes on a portion of the subdivision tract. Although individual lot sizes may be less than one acre, the maximum density in an OSRD subdivision shall be consistent with the density allowed in the suburban residential(R-2) district, or no greater than one residential dwelling unit per acre of buildable area. Any reduction in individual lots below one acre shall be permitted only if the land thus saved is designated as open space in accordance with the provisions of this division.

(Ord. No. 94-54, § 1(11-601), 12-19-94; Ord. No. 96-04, § 3, 3-25-96)

The following uses are permitted within the OSRD zoning districts:

(1)

General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals, and any similar agricultural uses, provided the minimum lot size is three acres.

(2)

Detached single-family residences, subject to the limitations established in section 78-19 of this Code.

(3)

Designated open space including leisure type facilities within a planned residential subdivision subject to the standards and limitations specified in section 78-186.

(4)

Accessory buildings customarily incidental to the above uses, subject to the standards and limitation specified in sections 78-22 and 78-191.

(5)

Home occupations, as defined in section 78-3, subject to the standards and limitations specified in sections 78-26 through 78-29.

(6)

Accessory uses such as:

a.

Swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-191(except as specified for certain pet enclosure structures and play structures) but must be placed with the buildable area of the rear yard; provided, however, swimming pools may be permitted within the rear and/or side yard of a nonconforming attached single-family residence located on fee simple lot and built before January 1, 1980, subject to the review and approval of the planning commission.

b.

Gazebos, subject to the standards and limitations set forth in section 78-191. To the extent that any such structure is an "accessory building," as defined in section 78-3, such structure shall also be subject to the provisions of section 78-22.

c.

Arbors, pergolas and similar freestanding open air structures, subject to the standards and limitations set forth in section 78-191.

d.

Portable storage structures, subject to the standards and limitations set forth in section 78-24.

e.

Windmills, subject to the standards and limitations set forth in section 78-25.

(7)

Bed and breakfast lodges, subject to the following requirements:

a.

A bed and breakfast lodge may be operated only by special exception granted by the board of zoning appeals. The historic commission shall provide a recommendation on any such application prior to the decision of the board of zoning appeals. A special exception granted for a bed and breakfast lodge may be contingent upon special conditions established by the board of zoning appeals in addition to the requirements herein. Failure to comply with any of the requirements herein or the special conditions established by the board of zoning appeals shall be grounds for revocation of the board's approval. A separate home occupation permit from the board of zoning appeals shall not be required for the operation of a bed and breakfast lodge.

b.

A bed and breakfast lodge may be operated only at a dwelling which has been designated as a historically significant site pursuant to section 2-181 of this Code and which is located on a lot which is either:

1.

At least four acres in size; or

2.

Served by an arterial roadway.

c.

An employee of the bed and breakfast lodge must remain on the premises overnight whenever guests are present. No more than two nonresident employees may be present at the bed and breakfast lodge at any given time.

d.

Associated food service shall be provided only to overnight visitors. The sale of merchandise, except for the sale of incidental merchandise to overnight visitors, shall be prohibited.

e.

All parking for guests and employees of the bed and breakfast lodge must be off-street. A clear access for emergency vehicles must be maintained at all times. Prior to consideration of the application by the board of zoning appeals, such emergency vehicle access shall be reviewed by the fire marshal. The fire marshal may make recommendations for improvements, which may be incorporated into any conditions of approval adopted by the board of zoning appeals. The board of zoning appeals may, at its discretion, require the applicant to submit, at the applicant's cost:

1.

A site plan, showing the proposed layout of parking areas for the property, along with ingress and egress; and/ or

2.

An opinion from a traffic engineer as to the sufficiency of the proposed ingress and egress, along with recommendations for any measures which should be taken to mitigate traffic impacts associated with the bed and breakfast lodge.

f.

The prior approval of the planning commission, following review and recommendation of the historic commission, shall be required for any structural addition on the property; any modification to the exterior of the dwelling or accessory structures; or any addition or relocation of driveways, parking areas or other similar hard surfaces. The gross floor area of any existing structure used as a bed and breakfast lodge may not be expanded more than 25 percent.

g.

The bed and breakfast lodge shall adhere to and operate within all applicable laws, regulations and guidelines established by the city, county and state. A copy of all inspection reports provided by the county or state shall be submitted to the planning and codes department. Furthermore, the lodge shall be open to inspection by representatives of the city at all times for the purpose of determining compliance with the requirements hereunder.

h.

The bed and breakfast lodge shall maintain current city and county business licenses.

(8)

Garage sales conducted by the owners or tenants of the property, provided that no person is compensated for conducting the sale, no more than two garage sales shall occur at the same location in any calendar year, and the duration of a single garage sale shall not exceed two days. Additionally, one auction or other sale to dispose of the household assets of a deceased resident or a resident who is relocating may be held at the resident's home, and the person or agency conducting such a sale may be compensated. No sale of merchandise purchased for resale shall be permitted at a garage sale.

(9)

Consignment sales conducted by the owners or tenants of the property, provided that consignment sales may only occur during the months of April and September, and between the hours of 8:00 a.m. and 6:00 p.m. No more than two consignment sales shall occur at the same location in any calendar year, and the duration of a single consignment sale shall not exceed three days. Setup for a consignment sale shall be commenced no sooner than three days prior to the first date of the sale. No tents shall be used in conjunction with a consignment sale. Cleanup of the sale location, including removal of all sale items, signs and displays, shall be accomplished within two days following the last date of the sale. Authorization to conduct a consignment sale shall be contingent upon application by an owner or tenant of the property and issuance of a permit by the city manager or his designee. No sale of merchandise purchased for resale shall be permitted at a consignment sale.

(10)

Merchandise sales conducted in conjunction with a lawful home occupation permitted under the provisions of this chapter, but only as provided for in section 78-29 herein.

(11)

Mobile food vending associated with events conducted by homeowner or property owner associations or with other special events approved by the planning commission, provided that mobile food vending operations shall be subject to the regulations established in chapter 18, article VI of this Code. In addition, mobile food service vehicles providing pre-arranged catering services on private property are permitted, provided that no such mobile food service vehicle is open to or serving the general public.

(Ord. No. 94-54, § 1(11-602), 12-19-94; Ord. No. 2001-15, § 2, 10-22-2001; Ord. No. 2002-14, § 3, 8-26-2002; Ord. No. 2002-21, §§ 5, 6, 10-28-2002; Ord. No. 2003-21, § 1, 11-10-2003; Ord. No. 2005-23, § 4, 10-24-2005; Ord. No. 2008-18, §§ 16, 17, 11-10-2008; Ord. No. 2009-09, §§ 4—8, 9-28-2009; Ord. No. 2017-02, § 1, 2-27-2017)

Any use or structure that is not specifically permitted in the OSRD zoning district is prohibited. In addition, any use or structure for which approval of the planning commission or planning and codes director is required shall be prohibited unless and until such approval is obtained. Any use or structure for which approval of the board of zoning appeals is required shall be prohibited unless and until such approval is obtained.

(Ord. No. 94-54, § 1(11-603), 12-19-94; Ord. No. 2002-04, § 3, 4-8-2002)

(a)

For all property within the OSRD zoning districts, the following minimum technical standards shall apply to each lot and the principal structure thereon:

(1)

Minimum acreage required for an OSRD project, 25 acres.

(2)

Maximum density of detached single-family residences within buildable area (excludes acreage for standard 50-foot internal street right-of-way), one per acre. The number of single-family lots shall not exceed the number of lots that could be developed under the existing zoning classification as shown on the conceptual development plan submitted, as required by section 78-87(a)(6), except as deemed necessary to preserve an existing cemetery in its current location as of August 28, 2023.

(3)

Minimum required lot area, 14,000 square feet for conventional lots; 21,780 square feet for transitional lots.

(4)

Minimum required lot area for lots abutting an existing residential development, one acre or equal to or greater than adjacent lots that are less than one acre. A smaller lot size may be approved, provided the combined area of the new lot and any permanent open space between the new lot and the existing residential development is at least one acre or is equal to or greater than the area of the adjacent existing lot.

(5)

Maximum lot coverage by all buildings, 25 percent.

(6)

Minimum required green space on lot, 40 percent. This area shall be free of permanently constructed improvements such as dwellings and other buildings, driveways and sidewalks, patios and decks, swimming pools, tennis courts, and other impervious surfaces.

(7)

Minimum required lot width at building line, 110 feet for conventional lots; 120 feet for transitional lots.

(8)

Minimum required front yard setback, 50 feet.

(9)

Minimum required rear yard setback, 30 feet.

(10)

Minimum required side yard setback for side yards not abutting a public street, 20 feet. The side yard setback may be established at 15 feet on one side lot line and 25 feet on the adjoining side lot line, provided there is a minimum combined side setback distance on adjoining lots and between dwellings of 40 feet.

(11)

Minimum required side yard setback for side yards abutting a public street, 30 feet.

(12)

Minimum required setback from any boundary line of the development, 35 feet.

(13)

Minimum off-street parking/driveway requirements, two per dwelling unit. The driveway shall comply with residential design standards as designated in subsection 78-486(14) of this chapter.

(14)

Vehicle access from lots to public streets, via collector roads and local roads only, as designated in article VII of this chapter.

(15)

Maximum permitted height of structures, two stories (measured from the grade level at the front elevation of the structure) or a total of three stories if a full or partial underground basement level is included, provided that one-half of the perimeter walls of the basement level must be at least 50 percent below grade level. For purposes of this section, a finished or unfinished attic floor with dormer windows shall not be counted as a story. In no event shall the maximum height exceed 52 feet, measured from the lowest ground level of the structure to the highest point of the roof.

(16)

Private outdoor lighting, designed and installed not to exceed three foot candles measured at the property line of any abutting residential property unless the abutting property owners agree in writing to higher illumination standards at the time of installation.

(b)

Additional technical standards for subdivisions abutting arterial streets. It is the intent of this section to preserve the existing character of the community through the preservation of open space along arterial streets and to protect against adverse traffic conditions by minimizing vehicle access to and from arterial streets. Accordingly, the following additional minimum technical standards shall apply to OSRD subdivisions abutting arterial streets:

(1)

For all OSRD development plans approved after March 1, 1996, a buffer strip with a minimum width of 150 feet shall be required between abutting lots and the right-of-way of an arterial street, as designated in article VII of this chapter. The right-of-way of the arterial street from which the buffer strip is measured shall be determined by the planning commission and shall include any dedications of property for widening and other improvements. The buffer strip shall consist of plantings and other physical features sufficient to screen direct view of the development from the street, reduce glare and noise, and provide greater privacy for the adjoining residences. A landscaping and screening plan for the buffer strip shall be submitted to the city for approval as a part of the proposed development plan. The buffer strip width may be reduced to a distance no less than 100 feet if, in the opinion of the planning commission, the topography of the area adjacent to the right-of-way is elevated sufficiently to minimize direct view from the street. The buffer strip shall be included as part of the designated open space for the subdivision and shall be subject to all regulations regarding designated open space as set forth in this article.

(2)

For each lot platted after March 1, 1996 and abutting an arterial street, as designated in article VII of this chapter, the following additional technical standards shall apply to the lot and the structures thereon:

a.

All principal structures and driveways shall be oriented to internal streets within the subdivision, with no direct vehicle access from any lot to the arterial street.

b.

The minimum setback from the buffer strip shall be 50 feet, except for placement of in-ground swimming pools and associated decking equipment, which may be permitted in the setback area no closer than 20 feet from the rear property line, provided there is no artificial raising of the existing grade of the area to construct the pool.

c.

No accessory buildings shall be permitted on lots adjacent to the buffer strip.

(c)

Additional technical standards for removal or substantial modification of existing residence. When an existing principal structure on an OSRD lot is removed for purposes of constructing a larger new residence or the existing structure is substantially improved, the following additional technical standards shall apply for new construction on the lot:

(1)

Minimum required green space on the lot, 40 percent. This area shall be free of permanently constructed improvements such as dwellings and other buildings, driveways and sidewalks, patios and decks, swimming pools, tennis courts, and other impervious surfaces.

(2)

Minimum required side yard setback not abutting a public street, 20 feet.

(3)

Minimum required rear yard setback, 30 feet.

provided that the additional technical standards shall apply to any new construction, or to any reconstruction, rehabilitation, addition or other improvement to an existing structure, including replacement due to fire or acts of nature, when the total square footage of the new or expanded structure (heated and non-heated enclosed space) exceeds the total square footage of the structure built under the original building permit by more than 50 percent.

(Ord. No. 94-54, § 1(11-604), 12-19-94; Ord. No. 95-18, § 1, 5-8-95; Ord. No. 96-04, §§ 2, 4, 3-25-96; Ord. No. 2002-23, § 1, 12-9-2002; Ord. No. 2005-30, § 1, 2-13-2006; Ord. No. 2007-12, §§ 4, 5, 4-23-2007; Ord. No. 2023-10, § 2, 9-25-2023)

(a)

Concurrently with a formal proposal for rezoning a tract to OSRD zoning, the owner or the owner's representative shall submit eight copies of a proposed development plan to the board of commissioners for review and approval. All proposals for rezoning shall also comply with the requirements of section 78-87, including the payment of the required fees. Prior to second reading of an ordinance to rezone property to OSRD zoning, the development plan shall be submitted to the planning commission for its review and recommendations. The development plan as approved by the board of commissioners shall be included as an exhibit to the rezoning ordinance and shall serve as the basis for design and layout of the subdivision plat. The development plan shall include the following minimum detail on a scale acceptable to the planning department.

(1)

Boundaries and acreage of the site;

(2)

Number of single-family lots;

(3)

Future arrangements of streets, rights-of-way, lots and setbacks for single-family dwellings;

(4)

Access of development to existing streets;

(5)

Location of open space tracts and proposed uses;

(6)

Any facilities or buildings specifically designed to service the immediate community;

(7)

Location and size of existing and proposed water and sewer lines and drainage/stormwater detention area;

(8)

Any special restrictions to be placed on the tract and agreed to by the developer over and beyond the requirements of this division that are necessary to protect the health, safety, convenience, quality of life and general welfare of the citizens of the city;

(9)

Identification of significant historic and archeological sites (including sites designated as such by the board of commissioners) and significant natural or manmade features or resources, including but not limited to areas with natural grades of at least 15 percent grade but less than 25 percent grade; areas with natural grades of 25 percent and greater; and legally designated floodplain and floodway fringe areas;

(10)

Any property proposed for dedication to a public agency for a public purpose;

(11)

Any proposed variances to the city's subdivision regulations, including street grade and length of grade variance; and

(12)

Inventory of existing trees and significant vegetation to be protected on the property, as provided for in article VIII of this chapter.

(b)

No deviations from the development plan approved by the board of commissioners shall be permitted, unless a revised development plan is approved as set forth below:

(1)

Any proposal for a modification to an approved development plan for an OSRD development shall be considered only after submittal of eight copies of a revised development plan including the minimum detail required for review of a new development plan as established in this section.

(2)

Any of the following proposals shall be submitted to the planning commission for its review and recommendation and to the board of commissioners for its approval by resolution:

a.

An increase in the total number of single-family lots;

b.

Any alteration of vehicle access for the development to existing public streets;

c.

Any alteration to the permanent use of the common open space areas or the type or location of structures, facilities, recreation improvements or public access drives within such open space; and

d.

Any modification to the special restrictions placed on an OSRD development pursuant to this division.

(3)

Any other modification to an approved development plan for an OSRD development, including, but not limited to, changes in the future arrangement of internal streets, rights-of-way or lots must be submitted to the planning commission for approval.

(c)

A development plan approved by the board of commissioners for property within the OSRD zoning district shall be valid for no longer than the vesting period provided for in section 78-43 herein. Notwithstanding the foregoing, the development plan shall remain in effect if the applicable development standards have not changed since the approval of the development plan.

(d)

A subdivision plat shall be prepared for each OSRD development or phase or section thereof in accordance with the approved development plan and submitted to the planning commission for its review and approval pursuant to the requirements of the city subdivision regulations.

(Ord. No. 94-54, § 1(11-605), 12-19-94; Ord. No. 96-04, §§ 5, 6, 3-25-96; Ord. No. 98-15, § 1, 7-13-98; Ord. No. 2007-12, §§ 6, 7, 4-23-2007; Ord. No. 2014-16, § 5, 10-27-2014)

(a)

Residential subdivisions platted for approval under provisions of this division shall include designated open space tracts of size, location, shape and topography which will meet the intent of this division. The minimum amount of usable open space to be included in the development shall be the total number of building lots multiplied by one acre, less the total acreage included in all of said building lots; provided, however, that for purposes of determining the usable open space, the following standards and limitations shall apply:

(1)

Within open space areas with slopes of 25 percent or greater, only 25 percent of the land may be considered for calculation purposes as usable open space.

(2)

While 100 percent of the floodway fringe area within the legally designated floodway overlay district may be considered for calculation purposes as usable open space, only 25 percent of the land lying within the floodway area shall be considered as usable open space. For land within a water quality riparian buffer, 100 percent of the acreage may be considered as usable open space, unless the water quality riparian buffer falls within an area for which another percentage applies. Notwithstanding the foregoing, any use of the land within a water quality riparian buffer shall comply with chapter 56 of this Code.

(3)

For property reserved or dedicated for high voltage electrical or natural gas transmission lines, only 25 percent of the affected acreage shall be considered for calculation purposes as usable open space.

(4)

Only 50 percent of the land dedicated for golf courses and related facilities shall be considered for calculation purposes as usable open space for the development.

(5)

The installation and construction of streets, utilities, drainage and other public improvements shall be permitted within the required open space areas, provided they are essential to the overall development plan for the subdivision and meet the minimum standards for such improvements in this chapter and the subdivision regulations.

(6)

Any tract consisting of less than 500 square feet in area may be incorporated into the common area of a subdivision, but no such tract will be included toward usable open space requirements, unless the board of commissioners determines that such tract serves a public purpose.

(b)

At minimum, the following areas shall be included within the designated open space for the development:

(1)

Areas with natural grades of 25 percent or greater; however, small non-contiguous areas with steep grades that are less than 10,000 square feet in size and located in otherwise conventional or transitional grade areas (as defined in section 78-3 herein) may be included within a residential lot but shall be located outside the buildable area on the lot;

(2)

All acreage within the legally designated floodway overlay district;

(3)

All acreage within 150 feet of a designated arterial street;

(4)

All acreage within a designated easement for high voltage electrical and natural gas transmission lines;

(5)

All stormwater detention facilities; and

(6)

All water quality riparian buffers required pursuant to chapter 56 of this Code.

(c)

If the subdivision is developed in phases or sections, each platted phase or section must satisfy the minimum open space requirements established in this division. All facilities and improvements proposed for construction or installation by the developer in designated open spaces, as shown on the development plan most recently approved pursuant to section 78-185 herein, shall be completed by the developer or the developer's successor in interest, unless otherwise approved by the planning commission. Prior to the recording of the first platted section of the subdivision, all such facilities and improvements must be fully guaranteed by a letter of credit or other security, if required by the planning commission pursuant to the city's subdivision regulations, to ensure completion in accordance with the approved development plan if the developer fails to complete such obligations within the overall timetable for such improvements. Letters of credit or other security guaranteeing facilities and improvements within designated open spaces will be released only after city staff has inspected such facilities and improvements and determined that they have been completed according to the plans approved by the city. The following additional provisions shall apply to the designation and maintenance of open space:

(1)

Permitted uses. Open space may be set aside for:

a.

Historically significant sites, public utilities and drainage improvements, detention/retention ponds, parks, walking/jogging and bicycle trails, extensive areas with tree cover, permanent open space along arterial streets and other highly visible tracts, and land along rivers and streams or steep hillsides when such areas are extensive and have natural features worthy of scenic preservation.

b.

Private recreational facilities such as tennis courts, clubhouses or swimming pools for which membership is limited to the owners or occupants of the lots located within the subdivision.

c.

Private, not-for-profit golf courses and related clubhouses and support facilities, subject to the following requirements:

1.

A financial plan for the ongoing viability of the golf course shall be presented to the planning commission prior to construction of the golf course. Such plan shall establish a maximum allowable number of memberships to be sold. At no point may the number of memberships in the golf course exceed the maximum allowable number, unless the planning commission approves an increase in the maximum allowable number.

2.

At least 50 percent of the active members of such golf course must be residents of the subdivision when:

i.

Certificates of occupancy have been issued for at least 90 percent of the lots approved for homes within the subdivision; and

ii.

A sufficient number of residents have applied for golf course membership in order to reach the required ration of resident members to total members.

3.

Notwithstanding the foregoing, the planning commission may reduce the required ratio of resident members of a golf course which is part of the subdivision's open space. If such a reduction is approved, at least one third of the active members of such golf course shall be residents of the subdivision. No such reduction shall be considered unless the homeowners association (or similar organization composed of property owners within the subdivision) has provided its consent, pursuant to a vote conducted among the members of the association in accordance with its then current bylaws.

4.

All residents of the subdivision shall have the right at any time to purchase an active membership in the golf course and related facilities and may do so, even if such membership would require a nonresident member to lose such membership privileges. A complete membership list for the golf course, including residents and nonresidents, shall be available to the city at all times to ensure compliance with the requirements of this section.

5.

While ownership of the golf course property and related facilities shall remain with the homeowners association, the operation and management of the facilities may be assigned to a third party or handled through a traditional country club structure, if the planning commission approves the terms of such an assignment. In such event, the costs of maintaining and operating the golf course shall not be charged, either directly or indirectly, to the homeowners association. The operator or manager of the golf course shall pay at least 50 percent of the cost of maintaining private roads used by nonresidents for access to the golf course and other facilities and improvements shared with the homeowners association. Any change in the operator or manager of the golf course or related facilities shall be subject to approval by the homeowners association. In the event the golf course ceases operations or becomes insolvent, the homeowners association shall be required to assume responsibility for its operation but shall be under no obligation to assume any liability or financial obligations incurred by the previous operator or manager.

6.

The master deed for the development and/or the instruments establishing the homeowners association and/or golf club shall include terms which reflect the requirements of this subsection to the satisfaction of the city's director of planning.

(2)

Easements.

a.

For any new subdivision with designated open space tracts, the planning commission may require the developer to dedicate perpetual scenic easements for all portions of the open space that are to be left undisturbed and in a natural state. In addition, the developer shall dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

b.

For any existing subdivision with designated open space tracts, the homeowners association or other entity which owns the open space may, subject to the planning commission's approval, dedicate perpetual scenic easements for any portions of the open space that, in the determination of the planning commission, should be left undisturbed and in a natural state. In addition, the homeowners association or other entity which owns the open space may dedicate public easements for pedestrian and bicycle use in areas that the planning commission deems appropriate and for which maintenance agreements between the city and the development can be negotiated.

(3)

Ownership of open space. Designated open space (including golf courses) must be deeded by the developer to a homeowners association or other entity approved by the planning commission.

a.

Where open space is to be deeded to a homeowners association, transfer of ownership must occur:

1.

For open space within a specific section of the subdivision, when certificates of occupancy have been issued for more than 75 percent of the lots approved for homes within that section of the subdivision.

2.

For open space not within a specific section of the subdivision, or in a section of the subdivision containing no homes, when certificates of occupancy have been issued for more than 75 percent of the lots approved for homes within the subdivision.

b.

Notwithstanding the foregoing, the developer shall contact the city's planning director to request an inspection of open space areas prior to transfer of ownership to a homeowners association. The city's engineering department shall then conduct an inspection to verify that amenities and improvements approved or required by the planning commission or required under the city's subdivision regulations have been completed in full compliance with the requirements of the planning commission and subdivision regulations, and that the open space, including amenities and improvements, can be safely maintained by the homeowners association in accordance with all applicable codes and regulations. Transfer of ownership of open space to the homeowners association must not occur until the open space has passed the inspection required by this subsection, unless otherwise permitted by the planning commission.

(4)

Requirements for operation and maintenance. Operation and maintenance of designated open space in an OSRD district shall be carried out pursuant to the following provisions:

a.

If designated open space is to be deeded to a homeowners association, the developer shall submit to the director of planning the legal framework for the association, with articles of incorporation, subdivision covenants and/or by-laws which, at a minimum, provide as follows:

1.

The homeowners association will be responsible for property and liability insurance, local taxes, and maintenance for the open space, including recreational facilities and other amenities, on an ongoing basis, provided that this responsibility may be assigned by the homeowners association to the operator or manager of a golf course that is part of the designated open space.

2.

The homeowners association shall not convey any interest in any designated open space, by sale, lease or otherwise except as follows:

i.

A sale or lease, approved by the planning commission, to an organization conceived and established to own, or lease, and maintain the open space;

ii.

Conveyances to the city or other governmental entity or public utility for public purposes, provided that any such conveyance (other than right-of-way acquisitions and public utility or drainage easements) must be approved by the board of commissioners, following review and recommendations by the planning commission;

iii.

Minor changes in lot lines that involve transferring excess open space to lots; provided further that the conditions of any transfer shall conform to the officially recorded development plan, or a modified development plan shall be submitted for approval.

3.

The homeowners association may not be dissolved, unless it no longer owns any of the designated open space as provided for in this section.

4.

When certificates of occupancy have been issued for more than 50 percent of the lots approved for homes within the subdivision, the following provisions will apply:

i.

A meeting of the homeowners association must be called within 60 days for the purpose of initiating an orderly process for transferring control of the association.

ii.

At least one half of the members of the board of directors must be owners of homes within the subdivision, elected by their fellow homeowners.

iii.

Unilateral amendment of the subdivision covenants or homeowners association by-laws by the developer will not be allowed.

iv.

The developer of the subdivision will be entitled to no more than one vote for each lot owned by the developer.

5.

When certificates of occupancy have been issued for more than 75 percent of the lots approved for homes within the subdivision, the following provisions will apply:

i.

A meeting of the homeowners association must be called within 60 days, at which a new board of directors for the homeowners association must be elected. A majority of the directors must be owners of homes in the subdivision.

ii.

Until certificates of occupancy have been issued for 90 percent of the lots approved for homes within the subdivision, the developer may appoint one or more representatives to the board of directors, provided that the developer's appointees may not constitute a majority of the board.

6.

The deeds to individual lots within the subdivision shall require mandatory membership in the homeowners association, convey joint ownership in all the open space within the development, and provide at a minimum that:

i.

The lot owner shall be responsible for paying a pro rata share of the costs of the homeowners association operation.

ii.

The assessments levied by the association may become a lien on the property if not paid.

iii.

The association may adjust its by-laws and structure to meet changing needs.

iv.

Except for membership requirements placed on the use of private golf courses and related facilities, each lot owner shall have permanent unrestricted right to use lands and facilities owned by the association.

v.

The lot owner shall be responsible for a proportional share of any cost of maintaining designated open space incurred by the city pursuant to the provisions of this division, except where a maintenance agreement establishing other provisions has been negotiated between the city and the development, and any such costs assessed but not paid shall become a lien on the owner's property.

b.

If the organization established to own and maintain any designated open space, or any successor organization, shall at any time after the establishment of the residential subdivision fail to maintain the open space in reasonable order and condition in accordance with the officially recorded development plan and this code of ordinances, the city manager may serve written notice upon such organization and/or the owners of all property within the subdivision advising of such deficiencies and the right to a formal hearing regarding such deficiencies. Upon request received by the city manager within 14 days of the date of such notice, the city manager shall conduct a hearing to allow proposals for the maintenance of such space to be heard. If such deficiencies are not corrected within 30 days from the date the city manager's notice is served on the organization, or within such time as the city manager may establish after conducting a hearing on the deficiencies, the city manager may make arrangements for the open space to be maintained by the city or its agents or contractors until such time as the organization demonstrates the ability to resume such maintenance. The cost of maintenance shall be assessed proportionally against the properties within the residential subdivision that have a right of enjoyment of the open space, and, if not paid, shall become a lien on such properties.

(5)

Homeowners association. The term "homeowners association," as used in this subsection, shall include any organization made up of the property owners within a subdivision.

(Ord. No. 94-54, § 1(11-606), 12-19-94; Ord. No. 96-04, §§ 7, 8, 3-25-96; Ord. No. 2000-30, § 1, 11-27-2000; Ord. No. 2002-18, § 1, 10-14-2002; Ord. No. 2007-12, § 8, 4-23-2007; Ord. No. 2008-02, §§ 9, 10, 3-24-2008; Ord. No. 2014-20, § 1, 11-24-2014; Ord. No. 2024-07, § 4, 8-26-2024)

(a)

Some OSRD developments, by virtue of location or unique site conditions, may be in a position to preserve or dedicate part of the property for the betterment of the entire community. It is not the purpose of these regulations to impede such benefits to the entire community; therefore, when the board of commissioners determines that such preservations or dedications of property serve a public purpose, such acreage shall apply fully toward the calculation of designated open space for the proposed development. The maximum acreage credit for community wide benefits shall not exceed 50 percent of the buildable land in the subdivision. The following activities or actions shall be eligible to receive open space credit for the development.

(1)

Dedications to public agencies. Property dedicated to a public agency for a specified public purpose shall be credited as open space based on the dedicated square footage.

(2)

Oversized lots/historically significant sites. If the planning commission requires that any lot or lots in an open space residential district exceed one acre (43,560 square feet) in order to promote the restoration and/or preservation of a historically significant site (as designated by the board of commissioners) or to promote traffic control, aesthetics or the health, safety, convenience and general welfare of the citizens of the city, such acreage in excess of one acre shall be credited as open space and shall be reserved through a permanent preservation easement.

(b)

A proposal to allow open space credit pursuant to the provisions of this section shall be submitted first to the planning commission for its recommendation, and then to the board of commissioners for approval or disapproval. Final action by the board of commissioners approving an open space credit proposal shall be by the passage of a resolution.

(Ord. No. 94-54, § 1(11-607), 12-19-94; Ord. No. 2014-20, § 2, 11-24-2014)

Home occupations may be practiced on any property within an OSRD zoning district only after issuance of a permit pursuant to section 78-189 or section 78-190, provided that no such permit shall be required for general farming activities permitted under section 78-182. All permits for home occupations must be renewed with the city annually by July 1 if the home occupation is to be continued and shall expire if not renewed by such date. Failure by the occupant to renew the permit shall void the previous authorization of the home occupation use and may subject the occupant to enforcement action by the city if the home occupation use is continued at the property. All home occupation uses for which permits are required under this division shall be subject to the following limitations:

(1)

The home occupation shall be located and conducted in the dwelling unit only;

(2)

The principals and any other persons employed on the property in furtherance of the home occupation shall be residents of the dwelling unit in which it is located; provided, however, that where the board of zoning appeals finds that a hardship exists, one nonresident of the property may be employed on the property in furtherance of the home occupation on a temporary basis for a period not to exceed 12 months;

(3)

Not more than ten percent of the total floor area in the dwelling unit shall be devoted to the home occupation;

(4)

The dwelling unit shall not be used as a primary or incidental storage facility for a business, industrial, commercial or agricultural activity conducted elsewhere;

(5)

No articles, materials, goods or equipment indicative of the home occupation shall be visible from any public street or stored outside the dwelling unit;

(6)

The home occupation shall not be advertised by the display of goods or signs on the lot on which it is located;

(7)

The proposed uses shall not generate noise, odor, fumes or smoke, nor create a nuisance of any kind which would adversely affect the residential character of the neighborhood in which it is located;

(8)

No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood. Except as provided for in subsection (9) below, no client or customer shall visit the property for purposes of conducting a business transaction;

(9)

Teaching, including but not limited to tutoring and art, music and dance lessons, shall be permitted provided that it is limited to one pupil at any given time; and

(10)

The provisions of this section shall not be used under any circumstances to permit driver education or any use that requires overnight parking of more than one vehicle, barbershops, beauty shops, gift shops, gun sales, florist shops or other retail activities that are traditionally conducted in a commercial zoning district.

(Ord. No. 94-54, § 1(11-608), 12-19-94; Ord. No. 96-45, §§ 3, 4, 12-9-96; Ord. No. 2002-14, § 1, 8-26-2002)

(a)

The following home occupations, when deemed to be non-traffic generating uses posing no threat to the health, safety and welfare of the citizens of the city, shall be permitted in an OSRD zoning district subject to application by the occupant and issuance of a permit by the city manager or his designee:

(1)

Artist, sculptor, author and songwriter;

(2)

Designer, planner, architect, engineer, contractor, draftsman and graphic artist; and

(3)

Accountant, lawyer, information processing, traveling salesperson, manufacturer's representative, insurance agent, real estate agent and management and financial consultant.

(b)

Any person practicing a home occupation under this section shall be required to comply with all requirements of home occupations as specified in section 78-188. In addition, no business transaction shall occur on the property other than through telecommunication devices. Failure to comply with these requirements shall result in revocation of the permit.

(c)

If, in the opinion of the city manager or his designee, the proposed home occupation fails to meet the criteria of this section or if an existing permit is revoked due to failure by the occupant to comply with requirements of the permit, the occupant shall have the right to appeal the decision to the board of zoning appeals.

(Ord. No. 94-54, § 1(11-609), 12-19-94; Ord. No. 96-45, §§ 5, 6, 12-9-96)

Customary incidental home occupations not specifically provided for under section 78-189 may be permitted, provided that no building permit, certificate of occupancy or business license for such uses shall be authorized and issued by the city without the written approval of the board of zoning appeals. Any person practicing a home occupation under this section shall be required to comply with all requirements for home occupation uses as specified in section 78-188. Failure to comply with these requirements or any additional conditions required by the board of zoning appeals may result in revocation of the permit for the home occupation by the board of zoning appeals. The approval of the board of zoning appeals shall be subject to such additional conditions and limitations as the board may require in order to preserve and protect the character of the neighborhood in which the proposed use is located.

(Ord. No. 94-54, § 1(11-610), 12-19-94; Ord. No. 96-45, § 7, 12-9-96)

(a)

Except where prohibited by subsection 78-184(b)(2)c., accessory buildings which are customarily incidental to the other uses permitted in this division may be placed or constructed on any parcel within an OSRD zoning district, provided that all requirements for accessory buildings as set forth in section 78-22 are met. Each accessory building shall be placed within the buildable area of the lot, unless the board of zoning appeals grants an exception allowing the accessory building to be placed outside the buildable area. In considering a request for an exception to place an accessory building outside the buildable area, the board of zoning appeals shall consider the potential detriments or advantages to the neighboring properties and the surrounding neighborhood in general. In no event shall an accessory building within the OSRD zoning district be less than 15 feet away from any adjoining property line.

(b)

Gazebos may be placed or constructed on any parcel within an OSRD zoning district, provided that no gazebo may be less than 15 feet from any adjoining property line and no gazebo may be placed in the front yard of any parcel smaller than three acres. To the extent that a gazebo is of sufficient size to be considered an "accessory building," as defined in section 78-3, such structure shall be subject to the provisions of section 78-22.

(c)

Arbors, pergolas and similar freestanding open air structures may be placed or constructed on any parcel within an OSRD zoning district. Any such structure which is more than ten feet in height or five feet in width shall be located at least 15 feet away from any adjoining property line. Any such structure which is ten feet or less in height and five feet or less in width may be placed anywhere within the lot, unless such placement would interfere with the use and maintenance of a public easement.

(Ord. No. 94-54, § 1(11-611), 12-19-94; Ord. No. 95-33, § 1(11-611), 6-26-95; Ord. No. 96-45, § 8, 12-9-96; Ord. No. 99-11, § 3, 7-26-99; Ord. No. 2002-21, § 7, 10-28-2002; Ord. No. 2008-18, § 18, 11-10-2008)

(a)

No parcel within an OSRD district may be subdivided into lots less than five acres unless provisions are made by the property owner to provide sanitary sewer service from the city to each newly created lot in a manner and method acceptable to the city manager or his designee. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance for each parcel by the county health department.

(b)

For existing platted lots less than five acres, no building permit shall be issued for the construction of any single-family residence or other building allowed in this district unless the residence or other building is connected to the sanitary sewer system of the city. This requirement may be waived by formal resolution of the board of commissioners, provided a connection is made to another public sewer system or the use of a septic tank, drainfield or other private sewage treatment facility is authorized in advance by the county health department.

(Ord. No. 94-54, § 1(11-612), 12-19-94)

(a)

The control of erosion during and after development and the design of drainage systems suitable to handle stormwater runoff after the site is developed shall comply with the requirements of chapter 56 of this Code and the subdivision regulations of the city.

(b)

Erosion and sediment control measures, drainage calculations and stormwater management plans shall be included with each subdivision plan presented for approval, in accordance with the requirements of chapter 56 of this Code.

(c)

Water quality riparian buffers, if required pursuant to chapter 56 of this Code, shall be identified on the subdivision plan, and shall be designated as open space, as provided for in this division. No portion of a water quality riparian buffer may be within a private lot.

(Ord. No. 2008-02, § 8, 3-24-2008; Ord. No. 2024-07, § 5, 8-26-2024)

The intent of the open space residential development - innovative project (OSRD—IP) overlay zoning district is to allow for innovative residential development that is consistent with the health, safety and welfare purposes of the OSRD zoning district. While the OSRD—General district encourages greater preservation of permanent open space than traditional residential zoning districts, the special technical and development standards of the OSRD—IP overlay district are designed to encourage more significant land preservation. In addition, the OSRD—IP standards are intended to encourage a wider range of creative housing options for the community that are consistent with the city's fundamental density standard of one dwelling unit per acre. Unless otherwise set forth within this subdivision II, all provisions of division 5, subdivision I, OSRD—General shall apply within an OSRD—IP overlay zoning district.

(Ord. No. 2003-01, § 4, 4-14-2003)

(a)

As a part of the application process for rezoning 25 or more acres of property to OSRD—IP and/or rezoning of a new or revised development plan for an undeveloped portion of a tract previously zoned OSRD having a minimum undisturbed acreage of 25 acres, the applicant shall submit an innovative development plan for approval by the board of commissioners. The OSRD—IP development plan shall provide significantly more land preservation and a wider variety of housing options than a traditional OSRD development plan. The submission of a proposed OSRD—IP development plan shall be at the option of the property owner. If approved, the tract shall be designated on the city's official zoning map as OSRD—IP (open space residential development - innovative project). The approved development plan shall be a binding attachment to the OSRD—IP rezoning ordinance and shall serve as the basis for design and layout of the preliminary plan and final subdivision plats.

(b)

Prior to formal submission of a detailed site development plan, the applicant may submit a preliminary concept development plan to the planning and codes department for initial review and comment by the board of commissioners and planning commission. The purpose for review of a preliminary concept development plan is to provide guidance to the applicant on the overall worthiness and direction of the proposed plan prior to the applicant making a significant financial investment in the preparation of a detailed site development plan associated with a rezoning application. In no event shall positive guidance from the board of commissioners and planning commission be construed as official endorsement or approval of the rezoning application.

(c)

The applicant's detailed site development plan shall be submitted to the planning and codes department for initial review, consideration and comments. The plan must address all of the technical and development standards of the OSRD—IP overlay district and the standard, non-conflicting requirements of the OSRD zoning district before submission to the board of commissioners for formal review and consideration on first reading of the rezoning ordinance. The overall review and approval process, including subsequent amendments to the adopted OSRD—IP development plan, shall be handled in the same manner as a traditional OSRD development plan. Housing types and locations, architectural elements depicted on the development plan and all other required elements shall be considered an integral part of the development plan. No deviation from the approved development plan shall be permitted unless an amendment to the plan is approved. Any unapproved deviation from the development plan shall be a violation of this section.

(Ord. No. 2003-01, § 4, 4-14-2003)

In addition to the permitted uses allowed within the OSRD zoning districts as set forth in subdivision I above, attached townhouse dwellings are permitted within the OSRD—IP district. Townhouse dwellings shall be subject to the limitations established in section 78-19 of this Code.

(Ord. No. 2003-01, § 4, 4-14-2003; Ord. No. 2005-23, § 5, 10-24-05)

An adopted OSRD—IP subdivision plan shall meet the following minimum technical and development standards and associated requirements in the city's subdivision regulations. If the following requirements in the OSRD—IP overlay district conflict with the underlying OSRD zoning district standards set forth in subdivision I above, the provisions of the OSRD—IP district shall prevail.

(1)

Subdivision layout: An OSRD—IP development shall be configured using creative residential design principles. The following design standards shall apply:

a.

Minimum designated open space:

1.

The amount of permanently dedicated and preserved common open space shall be equal to or exceed 65 percent of the total acres in the tract. This calculation shall exclude the area within all residential lots in the subdivision that are equal to or exceed one acre in size.

2.

The applicant may propose to dedicate a portion or all of the open space located outside the housing areas to the city or other public agency for city wide benefit, however; the board of commissioners are under no obligation to approve such land dedication unless deemed in the public interest to do so. Except for right-of-way dedication, the dedication of a portion or all of this permanently preserved acreage to the city or other public agency for community wide benefit in the approved development plan may be counted fully toward the minimum open space requirement. There shall be no maximum credit limitation for land dedicated for community wide benefit.

b.

Housing types and locations: The type and location of the various housing units shall be identified in the development plan by sub-areas and arranged to be compatible in architectural style, size, scale and orientation with each other. No more than 35 percent of the total housing units shall be townhouse dwelling units. The exterior elevations of townhouse units shall be reviewed and approved by the planning commission. At minimum, the units shall provide for a variation of appearance in front elevations and roof lines, adding building wall recesses or other architectural features that break up the mass of multiple connecting housing units into distinct dwelling units. In addition, when the mixing of allowable housing types is proposed within the same street block, the planning commission may require building elevations and/or artist renderings to determine the compatibility of units mixed together.

c.

Historic/archeological preservation: Any site on the tract which has been designated as a historically significant site pursuant to section 2-181 of this Code shall be preserved, along with sufficient acreage to permanently protect the integrity of the site's features. Such designated acreage shall be counted toward the minimum acreage requirement for permanently dedicated open space regardless of ownership; however, any historic structure used as a residential dwelling shall be counted toward the total number of dwelling units permitted in the development. The new residential development shall be arranged and configured to be compatible in architectural style, size, scale and orientation with the historically significant site and structures. Additionally, the proposed preservation plan shall be submitted to the Brentwood historic commission for its review and recommendations prior to formal approval of the development plan by the board of commissioners.

d.

Number of units permitted: The number of single-family lots shall not exceed the number of lots that could be developed under the existing zoning classification as shown on the conceptual development plan submitted, as required by section 78-87(a)(6), except as deemed necessary to preserve an existing cemetery in its current location as of August 28, 2023.

e.

Minimum lot sizes and widths at the front build-to line:

For townhouse units, the minimum front lot width shall be measured from the centerline of the common firewalls that separate units and may vary up to one foot less in actual measurement from the front lot width noted above.

f.

Building setbacks: The minimum OSRD—IP building setbacks shall be measured from the following referenced property lines:

1.

Required front build-to-line or minimum required front yard setback:

A.

For lots less than 9,000 square feet, a mandatory build-to-line located a minimum 20 feet away from the front property line shall be established to provide for uniform placement of all dwelling units located within the same block on both sides of the public road. This distance may be moved to within ten feet of the front property line for townhouses, provided there are alternative easement locations for the placement of underground public utilities on the lot that are acceptable to the various utilities, city engineer and planning commission.

B.

Steps, awnings, stoops, and unenclosed porches that are an integral architectural feature of a dwelling may extend beyond the front build to line provided such placement does not interfere with the installation and maintenance of public utilities located in a front yard easement.

C.

For lots between 9,000 and 13,999 square feet, the planning commission may establish a greater mandatory build-to-line or minimum setback up to 50 feet when warranted by the characteristics of the site or the development plan.

D.

For lots between 14,000 and 43,559 square feet, the minimum setback shall be 50 feet.

E.

For lots 43,560 square feet (one acre) or larger, the minimum setback shall be 75 feet.

2.

Minimum required side yard setback abutting a public road:

A.

For lots less than 9,000 square feet, 20 feet.

B.

For lots between 9,000 and 13,999 square feet, the planning commission may establish a greater minimum setback up to 30 feet when warranted by the characteristics of the site or the development plan.

C.

For lots 14,000 square feet or larger, 30 feet.

3.

Minimum required side yard setback for side yards not abutting a public road:

A.

Detached single units on lots less than 9,000 square feet, 7.5 feet.

B.

Townhouses, zero feet for internal lot lines and 7.5 feet for external lot lines of end units.

C.

For lots between 9,000 and 13,999 square feet, the planning commission may establish a greater minimum setback up to 15 feet when warranted by the characteristics of the site or the development plan.

D.

For lots between 14,000 and 43,559 square feet, 15 feet.

E.

For lots 43,560 (one acre) or larger, 20 feet.

F.

The planning commission may approve setbacks between side lot lines closer than the setbacks established under subsections C, D and E above, provided a minimum combined setback distance on adjoining lots and between dwellings is at least double the standard setback distance requirement.

4.

Minimum required rear yard setback, 20 feet; except for lots 43,560 square feet (one acre) or larger, the minimum rear yard setback shall be 30 feet.

5.

Minimum required building setback to the boundary of the development, any traditional OSRD district lots within the same tract, and any abutting arterial road, 150 feet. The setback may be reduced to 100 feet if, in the opinion of the planning commission, the topography of the area is elevated sufficiently to minimize direct view from the above tracts and roads.

g.

Minimum residential lot parking requirements:

1.

Two surface spaces per dwelling. In addition, an enclosed garage sufficient for parking two additional vehicles shall be required per dwelling. No other parking structures shall be permitted. To minimize vehicular traffic conflict with pedestrian movement and unsafe backing movement into local roads in the development, all driveways and garages shall be accessed through a system of rear service lanes. Any garage accessed through a rear service lane may be detached from the dwelling unit.

2.

The planning commission may waive the service lane driveway access requirement for single units that are located on lots having a minimum size of 10,000 square feet and 80 feet of width at the build-to-line. For such lots for which the service lane driveway access requirement is waived, the minimum required combined external side yard setbacks between dwellings shall be 20 feet. In such cases, all garages and surface parking areas shall be placed at the rear of the dwellings and configured to permit forward entry movement of vehicles to the local road.

h.

Visitor parking requirements: For each two-way street and one-way street with dwellings, there shall be designated parallel parking on at least one side of the road, preferably the side that fronts the most dwellings. In addition, overflow off-street parking minimally equivalent to one parking space per four dwellings shall be conveniently placed at safe locations throughout the residential area near internally placed open space areas.

i.

Maximum permitted height of dwellings: The ORSD technical standards shall apply, except the maximum height of a dwelling shall not exceed 46 feet, measured from the lowest exterior ground level of the structure to the highest point of the roof. In addition, no artificial filling of the grade shall be permitted to create a full or partial underground basement level for the dwelling. The planning commission may approve an increase in the maximum height of dwelling units on lots less than 14,000 square feet up to 50 feet when lot topography, architectural design and/or overall design compatibility of dwelling units within the development justifies an increase.

j.

Accessory buildings and structures: The OSRD technical standards for accessory buildings and structures shall apply, except placement shall be limited to the rear yard within the OSRD-IP setback limitations. In addition, fences or walls that are six feet in height or less shall be permitted in the rear yard only and in locations that do not conflict with designated public utility and drainage easements.

k.

Minimum lot open space: Each detached residential lot shall have a minimum of 30 percent private open space. For attached townhouse lots, a minimum of 30 percent private open space shall be required, but shall be measured and distributed within the combined lot area for contiguous townhouses. Any area used for lawns, unheated porches, patios, decks, formal gardens, planters, pools and walkways may count toward this private open space requirement. Excluded from the minimum calculation of lot open space areas are driveway surfaces, and the footprint area for the dwelling, garage and any accessory building.

l.

Sidewalks: To encourage safer pedestrian movement in the development, a unified system of concrete sidewalks built to city standards with a clear area minimum width of five feet shall be required in the right-of-way along all local roads abutting the dwelling units. Any residential block greater than 500 feet in length that is served by rear service lanes shall have a mid-block concrete walkway to connect the local road to the service lane. Upon dedication and acceptance by the board of commissioners, the city shall be responsible for perpetual maintenance of the sidewalks located in the right-of-way.

m.

Streets: To discourage fast driving speeds in the development, innovative traffic design such as traffic circles or other traffic calming features shall be encouraged for access roads leading into the residential areas. To further discourage unsafe driving on the internal residential streets, traffic calming features such as circuitous and curvilinear roads, roundabouts, curbed bulbs located at the end of each block with designated on-street parallel parking spaces, textured crosswalks, and landscaped islands and boulevards shall be incorporated into the overall layout of the development.

n.

Street trees: Trees shall be planted along all public roads in a designated linear green space at least eight feet wide that is located in the right-of-way between the back of the street curb and sidewalks. The minimum green space width may be reduced by the planning commission subject to review and determination by the city engineer and the city's tree committee that the sidewalks, curbs and streets will not incur long-term damage from a smaller planting area and the type of trees proposed for the planting area will be able to survive and thrive within the projected life span. Such shade trees shall be selected from a tree-planting list approved by the city's tree committee and suitable for urban conditions. The trees shall be three-inch caliper minimum planted at maximum intervals of 40 feet on-center and capable of reaching 40 feet in height at maturity. The homeowners association shall be responsible for maintaining the street trees in the development, including replacement of dead trees within 12 months with similar trees or alternative species acceptable to the city's tree committee.

o.

Street lighting: Lighting shall be installed according to city standards on poles that are no more than 30 feet in height.

p.

Underground utilities: Utilities shall be installed, to the greatest extent possible, in dedicated public utility easements located in the front and rear setback areas of the residential lots. Any utility that must be installed in the local road and service lane shall meet the enhanced requirements of the subdivision regulations to ensure greater durability and long-term protection of the utility and roadway. No linear utility installations shall be permitted in the area designated for the planting of street trees.

q.

Fire protection: Any dwelling unit and associated garage constructed within 15 feet of another existing or planned dwelling unit or garage, as measured from the farthest protrusion of each structure, shall be protected through an automatic residential sprinkler system installed in accordance with National Fire Protection Association (NFPA) standards and requirements and approved by the fire chief or his designee.

r.

Other considerations: The applicant shall identify any additional features in the development plan that will contribute to an innovative residential development. Such features shall include, but are not limited to, the following:

1.

Use of unique architectural elements on the dwellings such as wide porches, stoops, stairs, balconies, eaves and cornices, chimneys, doors and windows, sills, etc.

2.

Methods to better connect and integrate the new development with the surrounding property and area through bikeways, roads, architectural style, landscaping, etc.

3.

Unique and special uses of the permanent open space areas that enhance the desirability of the development and overall community.

(2)

Open space placement:

a.

While most of the 65 percent designated permanent open space area in an OSRD—IP development will be located outside the residential area, it is recognized that easily accessible open space is needed for residents in the more concentrated, smaller lot residential area. Usable open space areas with relatively level topography shall be required in convenient locations within the development as a gathering place for residents and traditional play activities. At least one acre of internally placed, usable open space shall be required for every ten residential dwellings. At least 90 percent of all OSRD—IP residential lots shall be located within 300 feet of the internally placed open space areas. The internally placed open space shall count toward meeting the 65 percent minimum open space requirement.

b.

In instances where there is a unified OSRD-IP and traditional OSRD development plan, the required minimum amount of open space acreage shall be calculated independently for both zoning district areas in the manner specified in the zoning ordnance. The combined total open space acreage may be placed in locations within a unified site development plan independent of the standard zoning district requirements, provided such placement enhances the overall attractiveness of the design and layout while still meeting the intent and spirit of the open space placement in subsection a. above.

c.

Within the larger permanent open space tract, the planning commission may require additional and substantial tree plantings and installation of earthen berms, fences and other features where there is no unique topography, scenery or countryside present.

d.

In addition, a minimum 100-foot wide undisturbed or landscaped buffer strip shall be provided between the areas of development and any existing residential development. The buffer strip may be reduced or eliminated if, in the opinion of the planning commission, the topography of the area and/or the undisturbed nature is sufficient to minimize direct view from the existing residential development or the type and design of the new residential area provides for a desirable transition with the existing development.

(Ord. No. 2003-01, § 4, 4-14-2003; Ord. No. 2003-22, § 1, 12-8-2003; Ord. No. 2004-14, §§ 1—7, 4-12-2004; Ord. No. 2006-07, §§ 1—3, 5-22-2006; Ord. No. 2006-25, § 1, 1-22-2007; Ord. No. 2015-07, § 4, 7-27-2015; Ord. No. 2023-10, § 3, 9-25-2023)