(a)

Intent. The purpose of the airport district, hereafter sometimes referred to as the "AP district", is to establish land uses and height limits that are appropriate and necessary for the safety and efficiency of on-airport aviation activities. Generally, uses that create electrical interference, impair visibility, create wildlife attractants, or otherwise endanger the landing, taking off, or maneuverability of aircraft are prohibited. Uses primarily related to the operation of the airport are permitted in the district.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Airport AP district.

(c)

Permitted uses.

(1)

Terminal.

(2)

Hangar.

(3)

Aircraft maintenance facility.

(4)

Air cargo facility.

(5)

Aviation school.

(6)

Flying club.

(7)

Firestation.

(8)

Office building.

(9)

Gas dispensing station.

(10)

Automobile leasing.

(11)

Parking facility.

(12)

Warehousing.

(13)

Agriculture.

(14)

Equalization ponds.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions provided below:

None.

(e)

Conditional uses.

None.

(f)

Density, area, yard, and height regulations. The AP district regulations are as follows:

*As per FAA ATCT Siting Criteria Order 6480

(g)

Accessory uses. Accessory uses and buildings permitted in the AP district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the AP district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the AP district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the AP district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 13-14, § 2, 7-22-2014)

(a)

Intent. The purpose of this district is to protect from encroachment that portion of the floodplain which is defined as the floodway on the flood boundary and floodway map for the City of Brookings prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, with an effective date of July 16, 2008. The floodway is defined as the channel of a river or other watercourse and that portion of the adjacent floodplain that must remain open to permit passage of the base flood without cumulatively increasing the water service elevation more than a designated height (usually one foot).

(b)

Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Floodway FW district.

(c)

Permitted uses.

(1)

Crop production with minimum erosion potential.

(d)

Permitted special uses. A premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Livestock raising.

a.

No residences or other buildings permitted.

(2)

Park, recreation facility, shooting range.

a.

No structures allowed.

(3)

Campground.

a.

No structures allowed.

b.

No overnight accommodations.

(4)

Telecommunication tower.

a.

Requires "no-rise" certificate to be filed with FEMA.

b.

Requires engineering study for determining structural stability in a flood.

c.

Requires all accessory buildings to be constructed one foot above the base flood elevation.

(e)

Conditional uses. A building or premises may be used for the following purposes if a conditional use permit for such use has been obtained in conformance with the requirements of article V of this chapter:

(1)

Structures or encroachment associated with the permitted special uses provided immediately above if approval is obtained from the Federal Emergency Management Agency.

(Ord. No. 21-03, 8-26-2003; Ord. No. 27-04, § I, 12-14-2004)

(a)

Intent. The purpose of the agricultural district, hereafter sometimes referred to as "AG district", is to protect agricultural land and to limit residential, commercial and industrial uses to those areas where they are best suited by reason of their requirements for public services and sound development. Only residential structures for persons engaged in agricultural activities, their families and employees shall be permitted in this district.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Agricultural A district.

(c)

Permitted uses.

(1)

Field crops and grassland.

(2)

Game propagation area.

(3)

Institutional farm.

(4)

Orchard or tree farm.

(5)

Park, special use.

(6)

Truck gardening.

(7)

Single-family dwelling (including accessory uses incidental thereto, such as private garages, parking areas, etc.).

(8)

Roadside stand.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions provided below:

(1)

Recreation facility.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(2)

School.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(3)

Farm structures.

a.

Farm structures shall be located within the farmstead perimeter.

b.

No single structure exceeding 1,500 square feet in floor area for a farmstead, with a farmstead area of one acre or less.

c.

No single structure exceeding 2,000 square feet in floor area for a farmstead with a farmstead area of more than one acre.

(4)

Public utility facility.

a.

An opaque screen six feet in height located as far back as all setback lines.

b.

Landscaping shall be provided between the setback lines and any front property line.

c.

The architecture of all buildings shall harmonize with the character of the neighborhood.

d.

One of the frontages of the premises shall abut upon an arterial or collector street.

(5)

Church.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(6)

Shelterbelt in conformance with subsection (f) of this section.

(7)

Nursery/greenhouse.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

b.

All greenhouses shall be located toward the interior of the lot.

(e)

Conditional uses.

(1)

Airport.

(2)

Quarry.

(3)

Cemetery.

(4)

Hot mix plant.

(5)

Private or riding stable.

(6)

Campground/RV park.

(7)

Animal hospital.

(8)

Kennel.

(9)

Concrete, asphalt and rock crushing facility.

(f)

Density, area, yard and height regulations. The A district regulations are as follows:

*A shelterbelt, consisting of one or more rows, shall not be established within 150 feet of a right-of-way line on the north and west sides of streets and not within 100 feet of a right-of-way line on the south and east sides of streets. A shelterbelt planted at right angles to a road shall not be established within 50 feet of a right-of-way line. Trees used for landscaping areas immediately adjacent to farm dwellings, schools and recreation facilities are exempt from this regulation.

**Farm structures, public utility facilities and church steeples are exempt, except in the airport approach zone.

***Gross floor area of all buildings and structures shall be computed together to determine the total lot coverage.

(g)

Accessory uses. Accessory uses and building permitted in the A district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the A district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 35-06, § I, 9-27-2006; Ord. No. 11-12, § 2, 5-8-2012; Ord. No. 25-015, § 1, 7-8-2025)

(a)

Intent. This district is intended to provide for single-family dwellings in a rural or estate setting with a gross density of one unit per three acres or more. This district permits single-family dwellings, parks, playgrounds and schools. This district shall generally be located where the value of the land for agricultural use is marginal and where the water supply, sewage disposal, roads and emergency services are easily and economically available.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R-1 rural estate district.

(c)

Permitted uses.

(1)

Single-family dwelling, including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Park, playground or neighborhood.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions provided below:

(1)

Public utility facility.

a.

An opaque screen six feet in height located as far back as all setback lines.

b.

Landscaping shall be provided between the setback lines and any front property line.

c.

The architecture of all buildings shall harmonize with the character of the neighborhood.

d.

One of the frontages of the premises shall abut upon an arterial or collector street.

(2)

Elementary and secondary school.

a.

One of the principal frontages of the premises shall abut upon an arterial or collector street.

(3)

Accessory building.

a.

Shall meet the setbacks of the principal building.

b.

No single building shall be larger than the floor area of one story of the principal building.

c.

No single building shall exceed 2,400 square feet of floor area.

d.

No combination of buildings on the lot may exceed 4,000 square feet of gross floor area.

(4)

Minor home occupation.

a.

The requirements of section 94-362 must be adhered to.

(e)

Conditional uses.

(1)

Family day care.

(2)

Major home occupation.

(3)

Private lake.

(4)

Private or riding stable.

(f)

Density, area, yard and height regulations. The R-1 district regulations are as follows:

(g)

Accessory uses. Accessory uses and building permitted in the R-1 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-1 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter

(i)

Sign regulations. Signs within the R-1 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter

(j)

Other regulations. Development within the R-1 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003)

(a)

Intent. This district is intended to provide for areas of residential use with a gross density of approximately three dwelling units per acre or less. This district permits single-family dwellings and supportive community facilities, such as parks, playgrounds, schools, libraries and churches.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R-1A single-family district.

(c)

Permitted uses. Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Church or similar place of worship, which may include a day care facility with such use confined to within the church worship and educational facility.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(2)

Public or parochial school of general instruction.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(3)

Governmental administration and services such as offices, firehouse, police and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(4)

Public utility facility.

a.

An opaque screen six feet in height located as far back as all setback lines.

b.

Landscaping shall be provided between the setback lines and any front property line.

c.

The architecture of all buildings shall harmonize with the character of the neighborhood.

d.

One of the frontages of the premises shall abut upon an arterial or collector street.

(5)

Minor home occupation.

a.

The requirements of section 94-362 must be adhered to.

(6)

Park, playground, neighborhood, or special use.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(7)

Family day care.

(e)

Conditional uses.

(1)

Agriculture.

(2)

Major home occupation.

(3)

Public recreation facility.

(4)

Private lake.

(5)

Private stable.

(f)

Density, area, yard and height regulations. The R-1A district regulations are as follows:

(g)

Accessory uses. Accessory uses and building permitted in the R-1A district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-1A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-1A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-1A district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003)

(a)

Intent. This district is intended to provide for areas of residential use with a gross density of approximately five dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities, such as parks, playgrounds, schools, libraries and churches.

(b)

Scope of regulations. The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1B single-family district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Family day care.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in section 94-124(d) (R-1A).

(2)

Park, community.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(e)

Conditional uses.

(1)

Retirement or nursing home.

(2)

Two-family dwelling.

(3)

Group home.

(4)

Major home occupation.

(5)

Public recreation facility.

(6)

Private lake.

(7)

Bed and breakfast establishment.

(f)

Density, area, yard and height regulations. The R-1B district regulations are as follows:

Density per family requirements do not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms.

(g)

Accessory uses. Accessory uses and building permitted in the R-1B district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-1B district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-1B district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-1B district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003)

(a)

Intent. This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities, such as parks, playgrounds, schools, and churches.

(b)

Scope of regulations. The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1C single-family district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Family day care.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in section 94-124(d) (R-1A).

(2)

Park, community.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(e)

Conditional uses.

(1)

Retirement or nursing home.

(2)

Two-family dwelling.

(3)

Group home.

(4)

Major home occupation.

(5)

Public recreation facility.

(6)

Bed and breakfast establishment.

(f)

Density, area, yard and height regulations. The R-1C district regulations are as follows:

Density per family requirements do not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms.

(g)

Accessory uses. Accessory uses and buildings permitted in the R-1C district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-1C district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-1C district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-1C district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 42-10, § 1, 1-11-2011)

(a)

Intent. This district is intended to provide for areas of residential use with a gross density of approximately seven dwelling units per acre or less. The district permits single-family detached dwellings, single-family attached dwellings, and supportive community facilities such as parks, playgrounds, schools, and churches.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the residence R-1D single-family district.

(c)

Permitted uses. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in subsection 94-124(d) (R-1A).

(2)

Single-family zero feet side yard dwelling.

a.

A maximum of two attached dwelling units are permitted.

(3)

Private school of general instruction.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(4)

Family day care.

a.

Restricted to 12 or less children at any one time.

(5)

Single-family dwelling, small lot.

a.

One of the frontages of the premises shall abut upon an alley.

b.

Garages shall be located in the rear yard.

c.

Access drives prohibited in front yard.

i.

Exception for corner lots, which shall allow access drives on the street frontage with the greatest length.

ii.

Access drive width shall not exceed the width of the garage.

(6)

Single-family zero feet side yard dwelling, small lot.

a.

A maximum of two attached dwelling units are permitted.

b.

One of the frontages of the premises shall abut upon an alley.

c.

Garages shall be located in the rear yard.

d.

Access drives prohibited in front yard.

i.

Exception for corner lots, which shall allow access drives on the street frontage with the greatest length.

ii.

Access drive width shall not exceed the width of the garage.

(e)

Conditional uses.

(1)

Retirement or nursing home;

(2)

Two-family dwelling;

(3)

Group home;

(4)

Major home occupation;

(5)

Public recreation facility.

(f)

Density, area, yard and height regulations. The R-1D district regulations shall be as follows:

* Or 6' on non-party wall

** Or 5' on non-party wall

Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms.

(g)

Accessory uses. Accessory uses and buildings permitted in the R-1D district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-1D district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-1D district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-1D district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 16-004, § 1, 2-9-2016; Ord. No. 22-002, § I, 2-8-2022)

(a)

Intent. This district is intended to provide for areas of residential use with a density of six to 18 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses and supportive community facilities such as schools, parks, churches and community and public buildings.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations of the Residence R-2 two-family district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(3)

Family day care.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in section 94-124(d)(R-1A).

(2)

Single-family zero feet side yard dwelling.

a.

A maximum of four attached dwelling units are permitted.

b.

Additional lot area requirements apply (subsection (f) of this section).

(3)

Funeral home or mortuary.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(4)

Park.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(e)

Conditional uses.

(1)

Retirement or nursing home.

(2)

Group home.

(3)

Major home occupation.

(4)

Public recreation facility.

(5)

Community center, private club or lodge.

(6)

Domestic abuse shelter.

(7)

Townhouse.

(8)

Apartment or condominium.

(9)

Office.

(10)

Bed and breakfast establishment.

(11)

Fraternity/sorority.

(12)

Day care facility.

(f)

Density, area, yard and height regulations. The R-2 district regulations are as follows:

* Parking lots shall be screened from single-family and two-family residential uses according to section 94-401.

** A maximum of 18 dwelling units per acre shall be allowed.

*** The side yard will be required to be increased to ten feet if the building is three or more stories in height.

Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms.

(g)

Accessory uses. Accessory uses and building permitted in the R-2 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-2 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 01-08, § I, 2-12-2008; Ord. No. 17-034, § 2, 1-9-2018)

(a)

Intent. This district is intended to provide for areas of the highest density of multi-family residential. This district provides for single-family, two-family, apartments, condominiums, townhouses, fraternities and sororities and supportive community facilities such as schools, parks, churches and community and public buildings.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R-3 apartment district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(3)

Single-family zero-feet side yard dwelling.

(4)

Apartment or condominium.

(5)

Townhouse.

(6)

Fraternity and sorority.

(7)

Family day care.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in section 94-124(d) (R-1A).

(2)

All permitted special uses and conditions as stated in section 94-126 (R-2), excluding single-family zero-feet side yard dwelling .

(3)

Day care facility.

a.

A four-foot high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street.

b.

A safe pick-up and drop-off area shall be provided.

(4)

Retirement or nursing home.

a.

Parking areas shall be screened from adjacent residential properties by a four-foot high fence or equivalent landscaping.

(5)

Group home.

a.

Applicants shall provide statements as to the type of supervision the home will have.

(6)

Domestic abuse shelter.

a.

All parking shall be provided on the premises.

(e)

Conditional uses.

(1)

Public recreation facility.

(2)

Nonmunicipal library, museum, art gallery, community center, private club or lodge.

(3)

Major home occupation.

(4)

Vocational or trade school.

(5)

Office.

(6)

Bed and breakfast.

(f)

Area, yard and height regulations. The R-3 district regulations are as follows:

*Parking lots shall be screened from single-family and two-family residential uses according to section 94-401.

**Section 94-399.1 bufferyards applicable.

(g)

Accessory uses. Accessory uses and building permitted in the R-3 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the R-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-3 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 01-08, § I, 2-12-2008; Ord. No. 17-034, § 2, 1-9-2018; Ord. No. 22-027, § I, 8-9-2022)

(a)

Intent. This district is intended to provide for areas of the highest density of multi-family residential. This district provides for single-family, two-family, apartments, condominiums, townhouses, fraternities and sororities and supportive community facilities such as schools, parks, churches and community and public buildings.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R-3A apartment/mobile homes/manufactured housing district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(3)

Single-family zero-feet side yard dwelling.

(4)

Apartment or condominium.

(5)

Townhouse.

(6)

Fraternity and sorority.

(7)

Family day care.

(8)

Single mobile home/manufactured home with not less than 720 square feet of gross floor area including accessory uses incidental thereto, such as private garages, parking areas, etc.

(d)

Permitted special uses.

(1)

All permitted special uses and conditions as stated in section 94-124(d) (R-1A) and section 94-127(d) (R-3).

(2)

All permitted special uses and conditions as stated in section 94-125(d) (R-1B).

(3)

All permitted special uses and conditions as stated in section 94-126(d) (R-2), excluding single-family zero-feet side yard dwellings.

(e)

Conditional uses.

(1)

Public recreation facility.

(2)

Nonmunicipal library, museum, art gallery, community center, private club or lodge.

(3)

Major home occupation.

(4)

Vocational or trade school.

(5)

Office.

(6)

Mobile home/manufactured housing park.

(7)

Bed and breakfast establishment.

(f)

Area, yard and height regulations. The R-3A district regulations are as follows:

*Parking lots shall be screened from single-family and two-family residential uses according to section 94-401.

**Section 94-399.1 bufferyards applicable.

(g)

Accessory uses. Accessory uses and building permitted in the R-3A district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the R-3A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter..

(i)

Sign regulations. Signs within the R-3A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the R-3A district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-034, § 2, 1-9-2018; Ord. No. 22-028, § 1, 8-9-2022)

(a)

Intent. This district is intended to provide for areas of residential use with a gross density of approximately nine dwelling units per acre or less. This district permits single-family dwellings, two-family dwellings, modular homes, manufactured homes and supportive community facilities such as parks, playgrounds, schools, libraries and churches. Acceptable similarity exterior appearance standards will insure compatibility with surrounding uses.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence RMH single-family and manufactured housing district.

(c)

Permitted uses.

(1)

Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(2)

Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc.

(3)

Single-family manufactured home including accessory uses incidental thereto, such as private garages, parking areas, etc.

(4)

Single-family modular home including accessory uses incidental thereto, such as private garages, parking areas, etc.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

All permitted special uses and conditions as stated in sections 94-124(d) (R-1A) and 94-125(d) (R-1B).

(2)

Family day care.

(e)

Conditional uses.

(1)

Major home occupation.

(2)

Public recreation facility.

(3)

Retirement or nursing home.

(4)

Vocational or trade school.

(f)

Density, area, yard and height regulations. The RMH district regulations are as follows:

(g)

Accessory uses. Accessory uses and buildings permitted in the RMH district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the RMH district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the RMH district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the RMH district shall be in conformance with the regulations set forth in article II of this chapter.

(k)

Appearance standards. Single-family, two-family, modular and manufactured homes within the RMH district shall conform to the following similarity exterior appearance standards:

(1)

Each dwelling unit shall have a minimum width of 22 feet at the narrowest point of its first story.

(2)

Each dwelling unit shall have a continuous and complete frost protected perimeter foundation in compliance with the International Building Code or adopted current building code or regulations imposed by the City of Brookings.

(3)

Each dwelling unit or garage shall have an exterior wall covering of either:

a.

Wood or masonry finish, or material which has a wood or masonry finished appearance. The use of flat or corrugated sheet metal for the exterior walls is prohibited.

b.

Vertically or horizontally grooved siding or lap siding, or material which has a vertically or horizontally grooved siding or lap siding appearance. The use of flat or corrugated sheet metal for the exterior walls is prohibited.

(4)

Each dwelling unit or garage shall have a roof structure with a minimum slope corresponding to three inches of vertical rise for each 12 inches of horizontal run. Roofing material shall consist of wood shingles, wood shakes, asphalt shingles, fiberglass shingles, ceramic tile or concrete tile. Metallic roofing surfaces shall not be permitted. Each dwelling unit or garage shall have a minimum roof overhang of 12 inches beyond each perimeter wall measured horizontally from the vertical wall.

(5)

The hitch, axles, and wheels shall be removed when the dwelling unit is installed on a residential lot.

(6)

Each dwelling unit shall be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition which increases the narrow dimension so that it is no less than 75 percent of the unit's long dimension.

(Ord. No. 21-03, 8-26-2003)

(a)

Intent. This district is intended to provide for neighborhood business and service areas located at the fringe of residential developments, adjacent to the major streets that serve the area. It is the intent of this district to provide for low impact and low traffic commercial uses that provide convenience goods and personal services to neighborhood residents. The site and architectural design of any commercial use shall be sensitive to and compatible with an adjacent residential development and will protect residential property values. No outdoor storage is permitted.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the RB-4 neighborhood business district.

(c)

Permitted uses. There are no permitted uses in the RB-4 district. See subsection (d) of this section for permitted special uses.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

All uses allowed as a permitted use in the R-3 district provided that:

a.

One of the frontages shall abut upon a local street.

(2)

Office building, personal health service, grocery store, pharmacy.

a.

One of the frontages shall abut upon a collector or arterial street.

b.

Floor area of one building shall not exceed 5,000 square feet.

(3)

Personal service.

a.

One of the frontages shall abut upon a collector or arterial street.

b.

Floor area of one building shall not exceed 2,000 square feet.

(4)

Meat market, delicatessen, eatery, luncheonette.

a.

One of the frontages shall abut upon a collector or arterial street.

b.

Floor area of one building shall not exceed 3,000 square feet.

(5)

Day care facility.

a.

A four-foot high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street.

b.

An on-premises pick-up and drop-off area shall be provided.

(6)

Group home.

a.

Applicants shall provide statements as to the type of supervision the home will have.

(e)

Conditional uses.

(1)

Church.

(2)

Gas dispensing station.

(f)

Density, area, yard and height regulations. The RB-4 district regulations are as follows:

*Parking lots shall be screened from single-family and two-family residential uses according to section 94-401.

**A maximum of 24 dwelling units per acre shall be allowed.

***The side yard will be required to be increased to ten feet if the building is three or more stories in height.

****Refer to section 94-399.1 bufferyards.

Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms.

(g)

Accessory uses. Accessory uses and building permitted in the RB-4 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the RB-4 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the RB-4 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the RB-4 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-034, § 2, 1-9-2018; Ord. No. 18-014, § I, 10-9-2018; Ord. No. 20-014, § 3, 8-11-2020)

(a)

Intent. This district is intended to provide a strong supportive retail center. It is the intent of this district to place a high priority on retail trade, office, personal service, institutional and entertainment center uses. Integrating new uses with existing businesses is encouraged. No outdoor storage shall be permitted.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-1 central district.

(c)

Permitted uses.

(1)

Retail or service store.

(2)

Personal service store.

(3)

Personal health service.

(4)

Hotel.

(5)

Financial institution.

(6)

Office building.

(7)

Reserved.

(8)

Public utility facility.

(9)

Parking facility or lot.

(10)

Drinking establishment.

(11)

Telecommunications tower.

(12)

Extended stay hotel.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Warehousing.

a.

All operations, equipment and materials shall be stored within a completely enclosed structure.

(2)

Day care facility.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street.

(3)

Apartment.

a.

Dwelling units shall be located on the second floor or above.

(4)

Indoor recreation facility.

a.

The use must be contained within a building.

b.

All equipment and materials shall be stored inside the building.

(5)

Pet services.

a.

Daycare and boarding are prohibited.

(6)

Public transportation facility.

a.

Floor area of structure shall not exceed 3,000 square feet.

b.

Storage of vehicles is prohibited.

(e)

Conditional uses.

(1)

Repair garage.

(2)

Apartments for the elderly.

(3)

Broadcast tower.

(4)

Community center.

(5)

Drive-in food service.

(6)

Brewpub.

(7)

Church.

(f)

Density, area, yard and height regulations. The B-1 district regulations are as follows:

*Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the B-1 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the B-1 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the B-1 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the B-1 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 39-03, § I, 12-9-2003; Ord. No. 05-08, 2-12-2008; Ord. No. 42-08, 11-18-2008; Ord. No. 09-10, 2-23-2010; Ord. No. 10-12, § 1, 5-8-2012; Ord. No. 19-008, § 1, 6-11-2019; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-030, § I, 9-12-2023; Ord. No. 23-036, § 1, 11-14-2023)

(a)

Intent. This district is intended to provide a moderate variety of retail and personal services. This district will include commercial uses whose retail operation and outdoor display of retail merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted.

(b)

Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-2 district.

(c)

Permitted uses. Permitted uses in the B-2 district are as follows:

(1)

All permitted uses in the B-1 central district.

(2)

Grocery supermarket.

(3)

Drive-in food service.

(4)

Funeral home or mortuary.

(5)

Gas dispensing station.

(6)

Automobile sales.

(7)

Community center.

(8)

Roadside stand.

(9)

Drinking establishment.

(10)

Telecommunications tower.

(11)

Pet services.

(d)

Permitted special uses. A building or premises in the B-2 district may be used for the following purposes in conformance with the conditions prescribed in this subsection:

(1)

Car wash.

a.

The entire operation shall be within an enclosed structure.

b.

Drainage shall be contained on the site.

(2)

Day care facility.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street.

b.

An off-street pick-up and drop-off area shall be provided.

(3)

Mixed business/residential use.

a.

Provisions of article II of this chapter shall govern all residential uses.

b.

A site plan showing off-street parking for each use shall be submitted.

(4)

Citizen's drop-off for recyclables.

a.

Containers or bins shall be provided for all waste material.

b.

No container shall be located within 100 feet of a residential district.

(5)

Brewpub.

a.

The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

An alcohol beverage license must be obtained per city ordinance.

d.

The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.

(6)

Governmental administration and services, such as offices, firehouse, police and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies.

(7)

Public library or museum.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(8)

Indoor recreation facility.

a.

The use must be contained within a building.

b.

All equipment and materials shall be stored inside the building.

(9)

Public transportation facility.

a.

Floor area of structure shall not exceed 3,000 square feet.

b.

Storage of vehicles is prohibited.

(e)

Conditional uses. Conditional uses in the B-2 district are as follows:

(1)

Wholesale trade.

(2)

Automobile service station.

(3)

Repair garage.

(4)

Freight handling.

(5)

Domestic abuse shelter.

(6)

Apartment.

(7)

Small animal clinic.

(8)

Church.

(9)

Outdoor sales.

(10)

Broadcast tower.

(f)

Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows:

*Refer to section 94-399.1 bufferyards.

**The side yard will be required to be increased to ten feet if the building is three or more stories in height.

(g)

Accessory uses. Accessory uses and building permitted in the B-2 district are buildings and uses customarily incidental to any of the permitted uses in the B-2 district.

(h)

Parking regulations. Parking, loading and stacking within the B-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the B-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the B-2 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 24-03, § I, 8-26-2003; Ord. No. 09-10, 2-23-2010; Ord. No. 18-014, § II, 10-9-2018; Ord. No. 19-008, § 1, 6-11-2019; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-030, § I, 9-12-2023; Ord. No. 23-036, § 1, 11-14-2023)

(a)

Intent. This district is intended to provide for a mixture of office and other compatible and complimentary uses. This district is intended to be located in close proximity to commercial uses or used as a transitional zone between commercial and residential uses. An emphasis shall be placed on landscaping and site arrangement.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-2A office district.

(c)

Permitted uses.

(1)

Office building.

(2)

Funeral home or mortuary.

(3)

Broadcast station or studio.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Service store or hair salon.

a.

Floor area shall not exceed 2,000 square feet.

b.

No tanning beds shall be allowed in conjunction with these uses.

c.

Drive-thru service not allowed.

(2)

Personal health service.

a.

Hospital not allowed.

b.

Drive-thru service not allowed.

(3)

Coffee house.

a.

Floor area of the use shall not exceed 1,000 square feet.

b.

Drive-thru service not allowed.

(e)

Conditional uses.

(1)

Home occupation.

(2)

Mixed business/residential use.

(3)

Financial services.

(4)

Community center.

(5)

Broadcast tower.

(f)

Density, area, yard and height regulations. The B-2A district regulations are as follows:

*Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the B-2A district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the B-2A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the B-2A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the B-2A district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 07-07, § I, 2-27-2007; Ord. No. 04-12, § 1, 3-27-2012; Ord. No. 18-014, § III, 10-9-2018; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 24-008, § I, 4-16-2024)

(a)

Intent. This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations and outdoor display of merchandise. Inventory and material storage shall be screened.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-3 heavy district.

(c)

Permitted uses.

(1)

Retail or service store.

(2)

Personal service store.

(3)

Financial services.

(4)

Public transportation facility.

(5)

Public utility facility.

(6)

Parking facility or lot.

(7)

Grocery supermarket.

(8)

Drive-in food service.

(9)

Gas dispensing station.

(10)

Reserved.

(11)

Car wash.

(12)

Indoor or outdoor recreational facility.

(13)

Temporary storage facility.

(14)

Automobile sales.

(15)

Office building.

(16)

Roadside stand.

(17)

Drinking establishment.

(18)

Telecommunications towers.

(19)

Emergency services.

(20)

Personal health services.

(21)

Pet services.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Outdoor sales.

a.

Used parts and other material storage shall be screened from adjoining property.

(2)

Wholesale trade with warehousing.

a.

All inventory shall be stored within a completely enclosed building.

(3)

Lumberyard.

a.

The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district.

b.

Seasonal outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements.

(4)

Nursery or greenhouse.

a.

Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street.

(5)

Reverse vending machine.

a.

A trash receptacle shall be provided on-site.

(6)

Automobile service station.

a.

No fuel delivery pump shall be located within 20 feet of any side lot line or right-of-way line. No fuel pump shall be located within 50 feet of the side or rear lot line abutting a residential district.

b.

All repair work shall be done within a completely enclosed building.

c.

All used automobile parts and dismantled vehicles shall be screened from adjacent property.

(7)

Citizen's drop-off for recyclables.

a.

No container shall be located within 100 feet of a residential district.

(8)

Motor vehicle repair shop.

a.

All repair work shall be done within a completely enclosed building.

b.

All used automobile parts and dismantled vehicles shall be screened from adjacent property.

(9)

Motel or hotel.

a.

A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.

(10)

Equipment rental store.

a.

An on-premises pickup and drop-off area shall be provided.

b.

Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements.

(11)

Auction house.

a.

An on-premises pickup and drop-off area shall be provided.

b.

Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements.

(12)

Semi-trailer storage.

a.

Storage shall not be permitted in the minimum front yard setback.

(13)

Extended stay motel.

a.

A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.

(14)

Brewpub.

a.

The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

An alcohol beverage license must be obtained per city ordinance.

d.

The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.

(15)

Microbrewery.

a.

The production of malt beverages shall be limited to 15,000 barrels per year or less.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

All grain shipments and spent grain shall be contained within a completely enclosed building.

(16)

Contractor's shop.

a.

All equipment and materials shall be contained within a completely enclosed building.

(17)

Farm/feed store.

a.

No retail sale items in bulk form shall be permitted as outside display.

b.

All outside retail items shall only be displayed adjacent to the building.

(18)

Animal hospital.

a.

All cremation equipment and processes must be confined within an enclosed building.

b.

Deceased animal storage areas must be completely within an enclosed building at all times.

(e)

Conditional uses.

(1)

Assembling and packaging.

(2)

Freight handling.

(3)

Manufacturing, light.

(4)

Mixed business/residential use.

(5)

Contractors shop and storage yard.

(6)

Buy back center for recyclables.

(7)

Household hazardous waste site.

(8)

Light processing facility.

(9)

Transfer site for recyclables.

(10)

Day care facility.

(11)

Kennel.

(12)

Truck and trailer rentals.

(13)

Farm implement sales.

(14)

Broadcast tower.

(15)

Wholesale trades with storage yard.

(f)

Density, area, yard and height regulations. The B-3 district regulations are as follows:

*Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the B-3 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the B-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the B-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the B-3 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 09-10, 2-23-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-020, § 2, 12-8-2015; Ord. No. 17-005, § I, 2-28-2017; Ord. No. 18-014, § IV, 10-9-2018; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-030, § I, 9-12-2023)

(a)

Intent. This district is intended to provide for aesthetically designed commercial areas primarily near and adjacent to major arterials. Uses shall generally be highway oriented, involving intensive retail, general merchandise and other light commercial uses. Outdoor storage is not allowed.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-4 highway district.

(c)

Permitted uses.

(1)

Retail or service store.

(2)

Gas dispensing station.

(3)

Truck stop with truck wash.

(4)

Public transportation facility.

(5)

Public utility facility.

(6)

Grocery supermarket.

(7)

Drive-in food service.

(8)

Reserved.

(9)

Indoor or outdoor recreational facility.

(10)

Parking facility or lot.

(11)

Automobile service station.

(12)

Financial institution.

(13)

Drinking Establishment.

(14)

Seasonal roadside stand.

(15)

Telecommunications tower.

(16)

Office building.

(17)

Personal health services.

(18)

Pet services.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein:

(1)

Reverse vending machine.

a.

A trash receptacle shall be provided on-site.

(2)

Outdoor sales.

a.

Used parts and other material storage shall be screened.

(3)

Utility trailer and truck rentals.

a.

An adequate pickup and drop-off area shall be maintained on the lot.

(4)

Citizen's drop-off for recyclables.

a.

Containers or bins shall be provided for all waste material.

b.

No container shall be located within 100 feet of a residential district.

(5)

Wholesale trade with warehousing and storage.

a.

All inventory shall be stored within a completely enclosed building.

(6)

Lumberyard.

a.

The lumber storage area shall be at the rear of the building and screened from any street or residential district.

b.

Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements.

(7)

Nursery and greenhouse.

a.

Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of an arterial street.

(8)

Motel or hotel.

a.

A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.

(9)

Equipment rental store.

a.

An on-premises pickup and drop-off area shall be provided.

b.

Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements.

(10)

Auction house.

a.

An on-premises pickup and drop-off area shall be provided.

b.

Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements.

(11)

Extended stay hotel.

a.

A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.

(12)

Brewpub.

a.

The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

An alcohol beverage license must be obtained per city ordinance.

d.

The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.

(13)

Animal hospital.

a.

All cremation equipment and processes must be confined within an enclosed building.

b.

Deceased animal storage areas must be completely within an enclosed building at all times.

(e)

Conditional uses.

(1)

Assembling and packaging operation.

(2)

Freight handling.

(3)

Manufacturing, light.

(4)

Buy back center for recyclables.

(5)

Household hazardous waste.

(6)

Day care facility.

(7)

Transfer site for recyclables.

(8)

Kennel.

(9)

Farm Implement sales.

(10)

Broadcast tower.

(f)

Density, area, yard and height regulations. The B-4 district regulations are as follows:

*A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet.

**A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet.

***Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the B-4 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the B-4 district shall be in conformance with the regulations set forth in division 4 article VI of this chapter.

(i)

Sign regulations. Signs within the B-4 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the B-4 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 09-10, 2-23-2010; Ord. No. 15-020, § 2, 12-8-2015; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-030, § I, 9-12-2023)

(a)

Intent. This B-5 district is intended to provide for a mixture of offices, research facilities, financial services, and other compatible and complementary uses in a research and business park setting. This district will emphasize high quality developments by requiring additional regulations for specific site plan elements such as landscaping, parking lots, screening, fencing, lighting, storage and signage.

(b)

Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-5 district.

(c)

Permitted uses. Permitted uses in the B-5 district are as follows:

(1)

Office building.

(2)

Research and development facility.

(3)

Financial Services.

(4)

Medical/dental clinic and laboratory.

(5)

Parking facility.

(6)

Wholesale trade.

(d)

Permitted special uses. Permitted special uses in the B-5 district are as follows:

(1)

Day care facility.

a.

Any outdoors play area shall be surrounded by a perimeter fence not less than four feet in height.

(e)

Conditional uses. Conditional uses in the B-5 district are as follows:

(1)

Assembling and packaging.

a.

An emphasis shall be placed on landscaping around parking lots, loading areas and storage areas.

b.

Special attention shall be given to minimizing noise and glare.

c.

The site area ratio to building area ratio shall not be less than 2:1.

(2)

Recreation facility.

a.

Activities that attract spectators shall provide adequate accommodations for crowds that may attend such events.

b.

Consideration shall be given to the noise and traffic generated and the hours of operation of any outdoor activities.

(3)

Restaurant.

(f)

Density, area, yard and height regulations. The density, area, yard and height regulations in the B-5 district are as follows:

*The yard abutting Interstate 29 shall be considered a front yard.

**Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and buildings permitted in the B-5 district are uses and buildings customarily incidental to any of the permitted uses in the B-5 district with the following restrictions:

(1)

Accessory buildings shall comply with sections 94-365(b)(1) and 94-394(b) of this chapter. In addition, accessory buildings shall be consistent in color with the principal building.

(h)

Parking regulations. Parking, loading and stacking within the B-5 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the B-5 district shall conform to regulations established in division 5, article VI pertaining to the B-2 district.

(j)

Other regulations. Development within the B-5 district shall be in conformance with the regulations set forth in article II of this chapter.

(k)

Site plan requirement.

(1)

All proposed uses within the Business B-5 district shall be accompanied by a site plan. The plan must conform to the following regulations before a zoning and use registration permit is issued. The following data is required:

a.

A "top-view" and elevation drawing of the size and location of all buildings, structures, walls or other architectural features.

b.

The location and number of on-premises parking spaces and all internal access drives and vehicular circulation routes.

c.

The location and width of all ingress and egress points.

d.

The location and width of all off-street loading docks or service vehicle areas.

e.

The character, type and extent of landscape development.

f.

The location and size of areas designated for trash receptacles and outdoor storage.

g.

The location, height, and facing of all signs.

h.

The location of public sidewalks.

(2)

Additional site plan regulations are as follows:

a.

All parking areas, access drives, vehicular circulation routes, loading and unloading areas shall be hard-surfaced with concrete or asphalt.

b.

Freight loading and unloading shall face a side or rear yard only.

c.

Trash receptacles, outdoor storage or outside accumulation of any materials shall be completely screened from view from adjacent properties or any right-of-way and shall only be located in a side or rear yard.

d.

Landscaped areas shall be developed in the front 20 feet of a front yard and ten feet of a side or rear yard. Landscaped areas shall include shrubbery or trees. A minimum of five trees per acre shall be required based on the total acreage of the site. The requirements of section 94-399 are also applicable and constitute additional site plan requirements.

e.

Fencing shall be constructed of permanent materials, except that chain link fences are prohibited.

f.

Parking lot lights that are pole mounted shall be a fixed tenon mount parallel to the ground incorporating a "shoebox" design where the light source does not extend below the lens.

(Ord. No. 21-03, 8-26-2003; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022)

(a)

Intent. This district is intended to provide for a number of light manufacturing, light processing, warehousing and service uses. This district includes the supportive commercial uses for the industrial businesses.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Industrial I-1 light district.

(c)

Permitted uses.

(1)

Assembling and packaging.

(2)

Freight handling.

(3)

Manufacturing, light.

(4)

Warehousing.

(5)

Processing, light.

(6)

Parking facility or lot.

(7)

Office building.

(8)

Truck stop.

(9)

Automobile service station.

(10)

Public utility facility.

(11)

Reverse vending machine.

(12)

Contractors shop and storage yard.

(13)

Motor vehicle repair shop.

(14)

Semi-trailer storage.

(15)

Farm implement sales.

(16)

Telecommunications tower.

(17)

Emergency services.

(18)

Wholesale trade.

(19)

Public transportation facility.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

Day care facility.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street.

b.

An off-street pick-up and drop-off area shall be provided.

(2)

Light processing facility for recyclables.

a.

All storage and processing areas shall have perimeter fencing on all sides.

(3)

Buy back center for recyclables.

a.

A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit.

(4)

Citizens drop-off facility for recyclables.

a.

Containers or bins shall be provided for all waste material.

b.

No container shall be located within 100 feet of a residential district.

(5)

Household hazardous waste site.

a.

Such uses shall be within a completely enclosed building.

b.

The applicant must comply with the provisions of all applicable laws and ordinances.

(6)

Transfer site for recyclables.

a.

All storage areas shall have perimeter fencing on all sides.

b.

A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit.

(7)

Automobile storage yard.

a.

Impound area shall be surfaced with gravel, asphalt or concrete.

(8)

Microbrewery.

a.

The production of malt beverages shall be limited to 15,000 barrels per year or less.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

A municipal off-sale license must be obtained per city ordinance prior to any sale of the manufacturer's malt beverages. All beverage containers shall be sealed. No on-sale shall be permitted.

(9)

Outdoor storage.

a.

All storage areas must have perimeter fencing on all sides.

(10)

Animal research facility.

a.

All processes and experimentation must be confined within an enclosed building.

b.

Animal loading, unloading, and confinement areas must be completely within an enclosed building at all times.

c.

No outside manure storage is permitted and a waste disposal plan must be approved.

d.

All buildings used to house animals shall be insulated to reduce noise and designed to reduce or eliminate odors.

(11)

Indoor recreation facility.

a.

The use must be contained within a building.

b.

All equipment and materials shall be stored inside the building.

(e)

Conditional uses.

(1)

Kennel.

(2)

Broadcast tower.

(3)

Outdoor sales.

(4)

Concrete plant.

(5)

SWECS.

(6)

Concrete, asphalt and rock crushing facility.

(f)

Density, area, yard and height regulations. The I-1 district regulations are as follows:

*Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the I-1 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the I-1 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the I-1 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the I-1 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 11-04, 5-25-2004; Ord. No. 08-05, § I, 4-19-2005; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 38-10, § 1, 12-14-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-003, § 2, 5-12-2015; Ord. No. 19-008, § 1, 6-11-2019; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-036, § 1, 11-14-2023; Ord. No. 25-015, § 1, 7-8-2025)

(a)

Intent. This district is intended to provide for heavy industrial uses which may create a degree of nuisance which may not be compatible with residential and light commercial uses. All uses in this district shall comply with any State or local regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Industrial I-2 heavy district.

(c)

Permitted uses.

(1)

Assembling and packaging.

(2)

Freight handling.

(3)

Manufacturing, light.

(4)

Warehousing.

(5)

Processing, light.

(6)

Reverse vending machine.

(7)

Parking facility or lot.

(8)

Public utility facility.

(9)

Truck stop.

(10)

Automobile service station.

(11)

Office building.

(12)

Contractors shop and storage yard.

(13)

Motor vehicle repair shop.

(14)

Semi-trailer storage.

(15)

Farm implement sales.

(16)

Telecommunications tower.

(17)

Concrete plant.

(18)

Emergency services.

(19)

Farm store/feed store.

(20)

Outdoor storage.

(21)

Wholesale trade.

(22)

Public transportation facility.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

Day care facility.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street.

b.

An off-street pick-up and drop-off area shall be provided.

(2)

Buy back center for recyclables.

a.

A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit.

(3)

Citizen's drop-off facility for recyclables.

a.

Containers or bins shall be provided for all waste material.

b.

No container shall be located within 100 feet of a residential district.

(4)

Household hazardous waste site.

a.

Such uses shall be within a completely enclosed building.

b.

The applicant must comply with the provisions of all applicable laws and ordinances.

(5)

Transfer site for recyclables.

a.

All storage areas shall have perimeter fencing on all sides.

b.

A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit.

(6)

Light processing facility for recyclables.

a.

All storage and processing areas shall have perimeter fencing on all sides.

(7)

Automobile storage yard.

a.

Impound area shall be surfaced with gravel, asphalt or concrete.

(8)

Microbrewery.

a.

The production of malt beverages shall be limited to 15,000 barrels per year or less.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

A municipal off-sale license must be obtained per city ordinance prior to any sales on-site of the manufacturer's malt beverages. All beverage containers shall be sealed. No on-sale shall be permitted.

(9)

Indoor recreation facility.

a.

The use must be contained within a building.

b.

All equipment and materials shall be stored inside the building.

(e)

Conditional uses.

(1)

Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia.

(2)

Refining of fat, grease, lard, tallow or petroleum.

(3)

Processing of grain, forage, toxic material, hides or furs.

(4)

Distillation of products.

(5)

Junkyard.

(6)

Stockyards/slaughtering of animals.

(7)

Rendering.

(8)

Smelting.

(9)

Boilerworks.

(10)

Tank farm.

(11)

Grain terminal.

(12)

Crematorium.

(13)

Personal health services.

(14)

Kennel.

(15)

Broadcast tower.

(16)

Outdoor sales.

(17)

SWECS.

(18)

Heavy processing facility for recyclables.

(19)

Yard waste recycling operation.

(20)

Concrete, asphalt and rock crushing facility.

(f)

Density, area, yard and height regulations. The I-2 district regulations are as follows:

*Refer to section 94-399.1 bufferyards.

(g)

Accessory uses. Accessory uses and building permitted in the I-2 district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the I-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the I-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the I-2 district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 11-04, 5-25-2004; Ord. No. 08-05, § I, 4-19-2005; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 38-10, § 1, 12-14-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 19-008, § 1, 6-11-2019; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-036, § 1, 11-14-2023; Ord. No. 25-015, § 1, 7-8-2025)

(a)

Intent. This district is intended to provide for a district for public and civic buildings and large institutional uses that otherwise may not fit into other zoning districts because of their specialized land use needs and public purpose.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Civic C district.

(c)

Permitted uses.

(1)

Park, playground, neighborhood.

(2)

Public parking facility.

(3)

Public library or museum.

(4)

Public or parochial school.

(5)

Secondary school.

(6)

Post secondary school.

(7

Church or similar place of worship, which may include a day care facility with such use confined to within the church worship and educational facility.

(8)

Governmental administration and services such as offices, firehouse, police, ambulance and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of heavy-duty maintenance vehicles, heavy equipment or supplies.

(9)

Vocational or trade schools.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

Park, community, special use.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(2)

Public recreation facility or area.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(3)

Public community center.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

(4)

Public utility facility.

a.

An opaque screen six feet in height located as far back as all setback lines that screen equipment, heavy equipment. The architecture of all buildings shall harmonize with the character of the neighborhood.

b.

Landscaping shall be provided between the setback lines and any front property line.

(5)

Cemetery.

a.

This use shall have a minimum of 40 acres.

a.

An internal road network system with parking to be provided.

b.

Scattering areas or gardens are to be located within the interior of the property.

(6)

Day care facility as an accessory use to a permitted use listed in subsection (c) above.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street.

b.

Pick-up and drop-off area shall be designed to minimize vehicle and pedestrian conflict points.

c.

Use shall be confined to within the primary building except for play areas.

(7)

Public transportation facility.

a.

Floor area of structures shall not exceed 3,000 square feet.

(8)

Hospital.

a.

One of the frontages of the premises shall abut upon an arterial or collector street.

b.

Parking areas shall be screened from adjacent residential uses.

(e)

Conditional uses.

(1)

Wireless communication facilities.

(2)

Telecommunication facilities.

(3)

Public campground.

(f)

Density, area, yard and height regulations. The C district regulations are as follows:

(g)

Accessory uses. Accessory uses and buildings permitted in the C district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the C district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the C district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the C district shall be in conformance with the regulations set forth in article II of this chapter.

(Ord. No. 25-002, § 1, 2-11-2025)

(a)

Intent. This district is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Design standards regulating storage, vehicular movement, parking, location of buildings, landscaping, access drives and signage will insure compatibility with surrounding uses.

(b)

Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Industrial I-1R Restricted District.

(c)

Permitted uses.

(1)

Assembling and packaging.

(2)

Freight handling.

(3)

Manufacturing, light.

(4)

Warehousing.

(5)

Processing, light.

(6)

Parking facility or lot.

(7)

Office building.

(8)

Truck stop.

(9)

Automobile service station.

(10)

Public utility facility.

(11)

Reverse vending machine.

(12)

Telecommunications tower.

(13)

Public transportation facility.

(d)

Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein:

(1)

Day care facility.

a.

A four-foot-high transparent fence shall be constructed between the play area and the street.

b.

An off-street pick-up and drop-off area shall be provided.

(2)

Microbrewery.

a.

The production of malt beverages shall be limited to 15,000 barrels per year or less.

b.

A malt beverage manufacturer's license must be obtained per state law.

c.

A municipal off-sale license must be obtained per city ordinance prior to any sale on-site of the manufacturer's malt beverages. All beverage containers shall be sealed. No on-sale shall be permitted.

(3)

Animal research facility.

a.

All processes and experimentation must be confined within an enclosed building.

b.

Animal loading, unloading, and confinement areas must be completely within an enclosed building at all times.

c.

No outside manure storage is permitted and a waste disposal plan must be approved.

d.

All buildings used to house animals shall be insulated to reduce noise and designed to reduce or eliminate odors.

(4)

Indoor recreation facility.

a.

The use must be contained within a building.

b.

All equipment and materials shall be stored inside the building.

(e)

Conditional uses. None

(f)

Density, area, yard and height regulations. The I-1R district regulations are as follows:

*Buildings used solely for storage and/or warehousing operations may occupy no more than 50 percent of the area of the lot.

**Refer to section 94-399.1 bufferyards.

***The yard area abutting Interstate 29 shall be considered a rear yard.

(g)

Accessory uses. Accessory uses and building permitted in the I-1R district are buildings and uses customarily incidental to any of the permitted uses in the district.

(h)

Parking regulations. Parking, loading and stacking within the I-1R district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.

(i)

Sign regulations. Signs within the I-1R district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter.

(j)

Other regulations. Development within the I-1R District shall be in conformance with the regulations set forth in article II of this chapter.

(k)

Site plan requirement.

(1)

All proposed uses within the I-1R industrial district shall be accompanied by a site plan. The plan must conform to the following regulations and be approved by the planning commission and city council before a zoning and use registration permit is issued. The following data is required:

a.

The size and location of all buildings, structures, walls or other architectural features.

b.

The location and number of on-premises parking spaces and all internal access drives and vehicular circulation routes.

c.

The location and width of all ingress and egress points.

d.

The location of all off-street loading docks.

e.

The character, type and extent of landscape development.

f.

The location and size of unenclosed, screened areas for storage of raw materials and finished goods.

g.

The location, height and facing of all signs.

h.

The location of public sidewalks.

(2)

Additional site plan regulations are as follows:

a.

All parking areas, access drives, vehicular circulation routes, loading and unloading areas shall be hard surfaced.

b.

Freight loading and unloading shall face a side or rear yard.

c.

Outdoor storage of raw materials and finished goods shall be screened with approved fencing or landscaping so that it cannot be viewed from adjacent properties or any right-of-way.

d.

Landscaped areas shall be developed in the front 50 feet of a front yard and 25 feet of a side or rear yard. Landscaped areas shall include shrubbery or trees. A minimum of ten trees per acre shall be required based on the total acreage of the site. The requirements of section 94-399 are also applicable and constitute additional site plan requirements.

(Ord. No. 21-03, 8-26-2003; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-003, § 3, 5-12-2015; Ord. No. 19-008, § 1, 6-11-2019; Ord. No. 20-014, § 3, 8-11-2020; Ord. No. 22-040, § I, 12-13-2022; Ord. No. 23-036, § 1, 11-14-2023)

Editor's note— Section 94-162 has been redesignated as section 94-137, at the discretion of the editor, in order to locate the provisions of the Industrial I-2 heavy district under the correct category, since said district is not an overlay district as stated in Ord. No. 21-03.

(a)

Intent. It is the intent of this planned development district ("PDD") to provide flexibility from conventional zoning regulations with increased public review for PDD projects in order to:

(1)

Encourage well-planned, efficient urban development.

(2)

Allow a planned and coordinated mix of land uses which are compatible and harmonious, but were previously discouraged by conventional zoning procedures.

(3)

Encourage more creative, higher quality and more ecologically sensitive urban design with special consideration given to projects which incorporate desirable design features such as underground parking, orientation or design to take advantage of passive solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open spaces, or other desirable design features.

(4)

Improve communication and cooperation among the city's land developers and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas.

(b)

Scope of section provisions. The regulations set forth in this section are the district regulations in the planned development district, hereafter sometimes referred to as "PDD."

(c)

Compliance with the comprehensive plan. The development within the planned development districts (PDD) shall comply with the policies and design standards of the existing comprehensive plan of the city. Planned developments within the PDD and adjacent projected developments shall be compatible with each other.

(d)

PDD application, zoning. Applications for a change of zoning to a planned development district are subject to the requirements of section 94-7.

(e)

Initial development plan. A request for a rezoning to a planned development district shall be accompanied by an initial development plan. The plan shall be submitted at least 20 days prior to the planning commission meeting in which it is to be heard. The planning commission shall review the initial development plan and forward its recommendation, with or without modifications, to the city council. The following information must be specified on the initial development plan:

(1)

Project name and legal description.

(2)

A preliminary subdivision plan in compliance with all applicable subdivision regulations.

(3)

The proposed development scheme showing the following information:

a.

The proposed land uses including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings, and their square footage.

b.

The proposed maximum density of the development. Where unique physical, environmental or design characteristics exist or are proposed, lesser densities may be desirable.

c.

The proposed maximum height. Where unique physical, environmental or design characteristics exist or are proposed, lesser heights may be desirable.

d.

Proposed design features illustrating compatibility with the surrounding environment and neighborhood.

e.

Anticipated sub-area development sequence.

f.

The proposed setbacks and buffer zone regulations.

(f)

Final development plan. Prior to obtaining building permits for construction on any lots in the PDD, a final development plan shall be submitted to the planning commission, which shall have sole authority to approve, amend, or deny said plan. Properties located within a commercial corridor overlay district are exempt from the final development plan, however, are required to follow the commercial corridor overlay district requirements consistent with an approved initial development plan. The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan shall be shown for the areas submitted for concurrent approval. The final development plan shall be a scaled, reproducible drawing showing the following information:

(1)

The subdivision name, the legal description, and individual project name (if any).

(2)

Boundaries of any sub-area or sub-areas submitted for approval superimposed on the map of the initial development plan.

(3)

A subdivision plan of the sub-area or sub-areas submitted for approval in compliance with all applicable subdivision regulations.

(4)

The development standards for the sub-area or sub-areas based on the requirements in one or more of the traditional zoning districts.

(5)

The size, location and elevation of all proposed structures including height and number of units.

(6)

The calculated floor area for each structure and each use within each structure.

(7)

Off-street parking lot arrangement designating all parking and stacking spaces, off-street loading spaces, and any outdoor trash container space.

(8)

Any sidewalks, bikeways or other paths and any areas reserved for recreation activities, such as basketball and volleyball courts.

(9)

Any outdoor lighting type and location, except for standard street lights provided by the city.

(10)

A landscaping plan showing the type and location of any walls, fences or berms, the placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.

(11)

All existing and proposed utilities, drainage ways and watercourses.

(12)

All curb cuts and private drives.

(13)

Adjacent existing and proposed uses.

(g)

Rezoning of PDD's and amendments. Requests for amending the underlying zoning district or to allow a use that has been specifically removed by the ordinance establishing the PDD, shall follow the process outlined in section 94-7. Other changes within a PDD shall be submitted as an overlay on the initial or final development plan. Amendments shall be classified as follows:

(1)

Initial development plan amendments. The following changes are considered amendments to an initial development plan:

a.

Any change in the proposed use(s) of land or buildings that results in a 20 percent net increase in the balance of residential or commercial square footage.

b.

A major change in the street plan.

c.

An increase of 20 percent or more in the total density of the development.

d.

Any decrease to the setbacks or buffer zones.

e.

An increase of ten percent or greater in the building height.

(2)

Final development plan amendments. The following changes are considered amendments to a final development plan:

a.

Any adjustment exceeding ten percent in the dimensions of a building (length, width) or location.

b.

Any change in the number or location of access drives.

c.

Any decrease exceeding ten percent in required landscape areas, or other open areas.

d.

A minor change in the street plan.

e.

Any increase of less than 20 percent in the density of any area or sub-area.

f.

Any major change in the exterior design features of a building.

g.

A change in the size or location of freestanding signs.

h.

Any change in the proposed use(s) of land or buildings that results in less than a 20 percent net increase in the balance of residential or commercial square footage.

i.

Any increase or decrease of ten percent or greater in the number of parking spaces.

(3)

Minimal amendments. The following changes are considered minimal amendments to a final development plan:

a.

Any minor adjustment within a building which involves a more intensive use.

b.

Any change in the location of outdoor lighting, sidewalks or bikeways, recreation areas or loading docks.

c.

Any adjustment less than ten percent in the dimensions of a building (length, width) or location.

d.

An increase or decrease of less than ten percent in the number of parking spaces.

(h)

Procedure for amendments. Amendments to the PDD shall be subject to the following review procedures:

(1)

Initial development plan amendments. Amendments to the initial development plan must be reviewed by the planning commission and approved by a motion of the city council at a hearing for which notice has been published in the legal newspaper of the city at least one week prior to the city council hearing.

(2)

Final development plan amendments. Amendments to the final development plan must be approved by the planning commission at a hearing for which notice has been published in the legal newspaper of the city at least one week prior to the planning commission meeting.

(3)

Minimal amendments. Minimal amendments to the final development plan shall be submitted to the community development department on a reproducible development plan showing the requested changes. The community development department may then approve these proposed changes in writing if the proposed changes are appropriate.

(Ord. No. 21-03, 8-26-2003; Ord. No. 19-020, § 1, 12-10-2019; Ord. No. 24-035, § I, 5-27-2025)

(a)

Purpose. The purpose of this ordinance is to create an airport overlay district that considers safety issues around the Brookings Regional Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for uses within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.

(b)

Relation to other zone districts. The Brookings Regional Airport Overlay District shall not modify the boundaries of any underlying zoning district. Where identified, the airport overlay district shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.

(c)

Definitions. The following words and phrases when used in this ordinance shall have the meaning given to them in this section unless the context clearly indicates otherwise.

Airport elevation: The highest point of an airport's useable landing area measured in feet above sea level. The airport elevation of the Brookings Regional Airport is 1,646 feet.

Airport hazard: Any structure or object, natural or manmade, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.

Airport hazard area: Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this ordinance.

Approach surface (zone): An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.

Conical surface (zone): An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone is derived from the conical surface.

FAA: Federal Aviation Administration of the United States Department of Transportation.

Height: For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface (zone): An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.

Nonconforming use: Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.

Non-precision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this ordinance.

Other than utility runway: A runway that is constricted for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precisions approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface: An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway: A defined area of an airport prepared for landing and takeoff of aircraft along its length.

Runway protection zone (RPZ): A trapezoidal-shaped area centered about the extended runway centerline that is used to enhance the safety of aircraft operations. It begins 200 feet beyond the end of the runway or area usable for takeoff or landing. The dimensions of the zone are dependent upon the design aircraft, type of operation, and visibility minimums. The area of an RPZ is dimensioned at the ground elevation and extends vertically.

Structure: An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

Transitional surface (zone): An imaginary surface that extends outward and upward from the edge of the primary and approach surfaces to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone is derived from the transitional surface.

Tree: Any object of natural growth.

Utility runway: A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.

(d)

Establishment of runway protection zones. There are hereby created and established runway protection zones within the Brookings Regional Airport Overlay District, defined in subsection (c), and depicted on the Runway Protection Zones Map which is attached to this ordinance and made a part thereof. The dimensions of the runway protection zones are as follows:

(1)

Runways 17 and 35:

Length - 1,000'

Inner width - 250'

Outer width - 450'

(2)

Runway 12:

Length - 2,500'

Inner width - 1,000'

Outer width - 1,750'

(3)

Runway 30:

Length - 1,700'

Inner width - 500'

Outer width - 1,010'

(e)

Establishment of airport surface zones. In order to carry out the provisions of this ordinance, there are hereby created and established airport surface zones which include all the land lying beneath the approach, transitional, horizontal, and conical surfaces as they apply to the Brookings Regional Airport. Such zones are shown on the Isometric View of Imaginary Surfaces Map, which is attached to this ordinance and made a part thereof. Airspace located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows:

(1)

Approach surface zone.

a.

Runway 30—Runway larger than utility with a visibility minimum as low as ¾ mile non-precision instrument approach surface zone. Established beneath the non-precision instrument approach surface. The inner edge of the zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. This approach surface slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface.

b.

Runways 17 and 35—Utility runway visual approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. This approach surface slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface.

c.

Runway 12—Precision instrument runway approach surface zone. Established beneath the precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. This approach surface slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface.

(2)

Transitional surface zone. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Isometric View of Imaginary Surfaces Map.

(3)

Horizontal surface zone. Established beneath the horizontal surface, which is 150 feet above the established airport elevation, the perimeter of the zone is constructed by swinging arcs of a specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded in the construction of the perimeter of the zone. The horizontal surface zone location is depicted on the Isometric View of Imaginary Surfaces Map. The radius of the arc at each end of the runway is as follows:

Runways 12 and 30 - 10,000'

Runways 17 and 35 - 5,000'

(4)

Conical surface zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward for a horizontal distance of 4,000 feet. The conical surface zone is depicted on the Isometric View of Imaginary Surfaces Map.

(f)

Establishment of use restrictions and height limitations. Notwithstanding any other provisions of this ordinance, no use shall be made of land or water within the Brookings Regional Airport Overlay District in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff, or maneuvering of aircraft utilizing the Brookings Regional Airport. Uses within the following zones are permitted as follows:

(1)

Runway protection zone (RPZ). Areas within the RPZ shall contain no buildings or temporary structures, aboveground utility lines and cables, other similar land use structural hazards, or uses that create, attract, or bring together an assembly of persons thereon.

a.

Permitted uses.

1.

Seasonal crops.

(2)

Imaginary surface zones. Subject at all times to the regulations of the underlying zoning district, no use shall be established and no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any approach, transitional, horizontal, or conical surface zone created by this ordinance to a height that would penetrate the surface elevation herein established for such zone and depicted on the Isometric View of Imaginary Surfaces Map.

(g)

Permit applications. Any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall first notify the City of Brookings. All applications must comply with chapter 22, article VII, construction or alteration of objects that may affect navigable airspace, of the Municipal Code. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

(h)

Variance. Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-I as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the City of Brookings as to the effect of the proposal in the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

(1)

No objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate a potential hazard. Under this determination a variance shall be granted.

(2)

Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in subsection (j): Obstruction marking and lighting.

(3)

Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.

Such requests for variances shall be granted where it is duly found that a literal application or enforcement of regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this ordinance.

(i)

Pre-existing nonconforming uses. The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance,) may only be reestablished consistent with the provisions herein.

(j)

Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this ordinance may be conditioned according to the process described in subsection (h) to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

(k)

Violations and penalties.Section 94-6 of this chapter shall govern all violations of the provisions of this ordinance.

(l)

Appeals. The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

(m)

Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

(n)

Severability. If any of the provisions of this ordinance or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.

(Ord. No. 21-03, 8-26-2003; Ord. No. 16-14, § 1, 8-26-2014)

Editor's note— Section 2 of Ord. No. 16-14, adopted Aug. 26, 2014, provides that the Isometric View of Imaginary Surfaces Map and the Runway Protection Zones Map of the Brookings Regional Airport Overlay District are hereby made a part of this ordinance.

(a)

Intent and scope. The following standards are established to improve the appearance, quality, and function of commercial structures along key corridors of the community and is intended to enhance the safety of pedestrians, bicyclists, and motor vehicles traveling these corridors while enhancing the visual interest/appeal.

These standards shall apply to any of the following:

(1)

New commercial, industrial, and mixed-use construction;

(2)

Renovations exceeding 50 percent of the equalized assessed value of the structure at the time of reconstruction/renovation; and

(3)

Additions or alterations that significantly change the exterior facade and penetrations of a building.

This does not include nonstructural repairs or ordinary maintenance repairs, such as internal and exterior painting, decorating, paneling and the replacement of doors and other nonstructural components. The property owner of an existing structure that is being remodeled or renovated for use as a commercial structure shall satisfy the requirements of this ordinance for building design and site plans prior to obtaining a building permit.

(b)

Scope of regulations. The regulations set forth in this ordinance when referred to in this chapter are the regulations for the commercial corridor overlay district. These regulations are not intended to interfere with, abrogate or annul any other rules or regulations of this chapter. Except as provided herein, if the commercial corridor overlay district imposes a greater restriction than the underlying zoning district regulations, the commercial corridor overlay district regulations shall control.

(c)

Boundaries of districts. The boundaries of the commercial corridor overlay district shall consist of:

(1)

6 ^th Street and a corridor along 6 ^th Street which is 150 feet north of the north right-of-way and 150 feet south of the south right-of-way from Western Avenue to 34 ^th Avenue;

(2)

20 ^th Street South and a corridor along 20 ^th Street South which is 150 feet north of the north right-of-way and 150 feet south of the south right-of-way, from Main Avenue to 34 ^th Avenue;

(3)

Main Avenue and a corridor 150 feet east of the east right-of-way and west of the west right-of-way from 6th Street to 32 ^nd Street South excluding the Brookings Commercial and Sexauer Historic Districts; and

(4)

22 ^nd Avenue and a corridor 150 feet east of the east right-of-way and west of the west right-of-way from 6 ^th Street to 32 ^nd Street South.

This overlay district is shown upon a map that is made a part of each overlay district by reference. The map shall have the same force and effect as if it were fully set forth herein.

When a parcel of land is located within the overlay district and with frontage along 6 ^th Street, 20 ^th Street South, Main Avenue or 22 ^nd Avenue, the standards shall apply to the buildings adjacent to the street frontage.

(d) Uses permitted. A building or premises may be used for the purposes permitted in the underlying zoning district provided it is in conformity with the conditions required in the commercial corridor overlay district.

(e)

Accessory uses. Accessory uses and buildings which are permitted as accessory buildings and uses customarily incidental to any of the permitted uses in the underlying zoning district are not prohibited by the commercial corridor overlay district.

(f)

Sign regulations. Signs shall be regulated in accordance with division 5, Signs, and any regulations imposed by this commercial corridor overlay district.

(g)

Parking regulations. All parking, loading and stacking shall be regulated by the underlying zoning district and in conformance with the provisions of this commercial corridor overlay district.

(h)

Density, area, yard and height regulations. Density, area, yard and height regulations shall be regulated in conformance with the underlying zoning district and any regulations imposed by this commercial corridor overlay district.

(i)

Landscaping and buffer yards shall conform with the regulations provided in sections 94-399 and 94-399.1.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

Editor's note— Ord. No. 21-017, § 1, adopted May 11, 2021, repealed the former section 94-165, and enacted a new section 94-165 as set out herein. The former section 94-165 pertained to SDSU campus edge neighborhood design review overlay district and derived from Ord. No. 03-13, § 1, 4-23-2013.

(a)

These design standards will be administered as part of the building permit process and the documents required by these standards must be submitted to the community development department at or prior to the time an application is made for a building permit.

(1)

The applicant is encouraged to meet with city staff at the concept stage, the design stage, and the submittal stage.

(2)

A pre-application meeting with the community development department is required prior to submittal of building and development plans for the purpose of reviewing the requirements of this district.

(3)

One complete set of plans as described in the submittal requirements shall be submitted to the community development department as part of the application. Electronic copies of plan sheets shall also be submitted. Incomplete submissions will not be accepted.

(b)

Submittal requirements.

(1)

All architectural and engineering plan sets typically required for a building permit application, including: Site plan including the size and location of building, drive-through facilities, parking lots with access points defined, utilities, connection points, stormwater facilities, signage locations, bicycle parking areas, pedestrian sidewalks, trash receptacles, outdoor refuse and recycling receptacles, landscaping, fences, exterior lights, parking lot snow storage areas, garages and accessory buildings, and any other improvements the applicant intends to make within the district.

(2)

A photometric lighting plan including the locations of exterior light fixtures and light levels in accordance with section 94-165.5.

(3)

Photos of at least four nearby buildings and four street views of nearby blocks.

(4)

Building elevations, including materials.

(5)

A completed design standards checklist.

(6)

A landscaping plan.

(7)

Nothing in these design standards is intended to prevent the use of materials, systems, methods, or devices of equivalent or superior quality, strength, effectiveness, attractiveness, durability, and safety in place of those prescribed by this district that demonstrate equivalency, where the materials, systems, method or device are approved for the intended purpose.

(c)

Design review process and review timeline. All requests shall be reviewed within ten business days. The review timelines shall be provided in instructions to applicants. Developers/applicants are required to attend a review meeting with the community development director or designee prior to any submission for a building permit. Applications meeting the standards of the commercial corridor overlay district shall be approved administratively.

(d)

Commercial buildings within historic districts or adjacent to any designated historic building must first receive staff review and recommendation prior to submittal to the Brookings Historic Preservation Commission for their review and recommendation to the planning commission.

(e)

Planning commission review and recommendation. Upon receipt of an application containing an exception(s) to the commercial corridor overlay standards, the planning commission shall schedule a hearing for which notice has been published in the legal newspaper of the city at least ten days prior to the planning commission meeting. Exception(s) to the standards required by this district may be allowed on a case-by-case basis, consistent with the overall purpose of this district. All requests for exceptions to the standards required by this district shall be requested in writing with the submittals as provided in 94-165.1(b), with requests for exceptions considered during the review and approval process set forth in this section and 94-165.1(f). The planning commission shall forward its recommendation with or without modification, to the city council.

(f)

City council approval. Upon receipt of a recommendation from the planning commission for an application containing an exception(s) to the commercial corridor overlay standards, the city council shall schedule a hearing for which notice has been published in the legal newspaper of the city at least ten days prior to the city council meeting.

(e)

City council approval. Upon receipt of a recommendation from the planning commission, the city council shall schedule a hearing for which notice has been published in the legal newspaper of the city at least ten days prior to the city council meeting.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

Editor's note— Ord. No. 21-017, § 1, adopted May 11, 2021, repealed the former section 94-165.1, and enacted a new section 94-165.1 as set out herein. The former section 94-165.1 pertained to campus edge neighborhood standards and derived from Ord. No. 03-13, § 1, 4-23-2013.

(a)

Buildings will be placed close to and facing the street for the following reasons:

(1)

To enhance customer and tenant use of transit;

(2)

To reinforce the building setback pattern;

(3)

To minimize the visual impact of parking areas as seen from the street;

(4)

To enhance pedestrian access, circulation and safety by reducing curb cuts and parking lot conflicts;

(5)

To minimize the volume and maximize the quality of stormwater runoff;

(6)

To provide adequate but not excessive parking for customers and tenants;

(7)

To prohibit the use of satellite parking lots (unless it can be demonstrated that shared parking will be beneficial to multiple property owners and does not result in a gap effect on a block face);

(8)

To prohibit parking in side or front yards;

(9)

To provide for adequate snow storage;

(10)

To discourage the reliance on single occupant vehicles;

(11)

To encourage the use of transit and other alternative means of transportation;

(12)

To reduce the reliance on petroleum based paving materials and methods; and

(13)

To reduce the "heat island" effect of traditional paved parking lots due to lack of trees or plants.

(b)

No parking stall may be closer to the street than the building setback line or any portion of the primary building located on the same parcel, whichever is further from the street, unless the applicant can demonstrate that there are no practical alternatives related specifically to the site. An exception to this requirement may be made for corner lots in which parking may be located within the front yard of the street of the lower street classification according to the major street plan.

(c)

The minimum setback for parking stalls and drives is ten feet along a street right-of-way, and five feet from all property lines with the exception of the alley. Parking for adjacent properties may be combined into continuous paved lots, and eliminating the required setback at the shared property line, provided that 100 percent of the lost green space is replaced elsewhere on the parcel.

(d)

Buffers, setbacks, and planting islands are encouraged to be used for stormwater infiltration.

(e)

All approaches, parking, pedestrian and vehicular circulation areas shall be paved and graded for proper stormwater management. The use of pervious pavement for stormwater infiltration is encouraged.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

Developments will minimize the negative visual impacts of service elements on adjoining streets, public spaces and adjacent properties; to minimize noise, odor, and litter; and to provide adequate amenities for building users.

(b)

The design and location of the following items shall be indicated on building and/or site plans, illustrated with specification sheets as appropriate, and submitted with the design standards checklist:

(1)

Utility meters.

(2)

Building mechanicals.

(3)

Trash and recycling containers.

(4)

Bicycle parking.

(5)

Outdoor seating areas.

(6)

Solar and wind facilities.

(7)

Dish antennas.

(8)

Transformers.

(9)

Back-up generators.

(c)

Service areas, utility meters, and building mechanicals shall not be located on the commercial corridor side of the building, nor on the side wall closer than ten feet to the commercial corridor side of the building. For corner lots with frontage on two commercial corridors, service areas, utility meters, and building mechanicals may be allowed along a commercial corridor with approved screening, design, or other architectural consideration. The location of emergency back-up generators and transformers shall be coordinated between the city, the developer and the utility company. Screening of meters, generators, transformers, and mechanicals is required when visible from the commercial corridor with an approved screen device or vegetation. Rooftop mechanical units shall be located and appropriate screening utilized to minimize visual impact on adjacent properties.

(d)

Trash and recycling containers, including cans and dumpsters, shall be located in a rear or side yard only, shall be located no closer than ten feet from the commercial corridor side of the building, and shall have covers and be screened so as not to be visible from the street or from neighboring properties. Screening shall be one foot higher than the container, but no higher than six feet. Roofed enclosures may exceed the six-foot limit.

(e)

If a building owner chooses to provide a trash receptacle and/or a smoking materials receptacle, it shall be decorative if located at the entrance that faces a public street. These receptacles shall be screened from street view and/or designed to fit with the architecture and materials of the building.

(f)

Bicycle parking.

(1)

Bicycle parking using bike racks specifically designed for bike parking shall be provided, with a minimum of one space per ten automobile parking spaces or one space per 20 employees, whichever is greater, and should be located near building entries, shall not interfere with pedestrian circulation and shall be well-lighted. Bikes are not permitted to be stored, locked or chained to fences or any other exterior location other than a bike rack specifically designed for bike parking.

(2)

Bicycle parking (to accommodate four bicycles) shall be at least nine by six feet or 54 square feet, with increases in dimension at the same ratio to accommodate greater numbers of bicycle parking spaces.

(3)

The base for bike racks should be concrete to ensure their stability, however the remaining bicycle parking area shall utilize porous paving materials (paving blocks with decorative gravel or wood mulch, or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters) to reduce stormwater runoff, but shall not result in standing water. If an area for bike parking is designed using these standards, then up to 100 percent of the space taken for the bike parking shall count as green space.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

Developments will provide for the coordination of design and location of walls and fences to maximize the positive interrelationship of buildings and public streets, and to avoid the predominance of long, unarticulated walls or fences, and to prevent pedestrians from walking through plantings. Section 94-398, in addition to the following standards, shall apply:

(1)

The design and materials for walls and fences shall be coordinated with the design and materials of the principal buildings, and should complement the design, scale, and color scheme of the principal building. This is not intended to require identical materials and design.

a.

Pressure treated lumber fences shall not be permitted unless stained or painted.

b.

All chain-link fences must be plastic or powder coated and shall only be permitted in the rear yard.

c.

Smooth faced concrete (CMV) blocks or non-architectural poured walls used to construct a wall shall be covered with brick or some other decorative block or dimensional material such as a stained block product. Painted or colored smooth faced concrete bricks or blocks shall not be considered decorative block.

(2)

Walls and fences shall provide variety and articulation at each end and at intervals not exceeding 25 feet through at least one of the following methods:

a.

Changes in plane of not less than one foot;

b.

Expression of structure, such as post, column, or pilaster;

c.

Variation of material; or

d.

Landscaping.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

Exterior lighting shall enhance daytime and night time appearances; to establish a safe environment, and to minimize light pollution, glare and light trespass onto adjacent properties. The use of solar, LED or low watt compact florescent lights that decorate the property and are located and directed where people need to see in the dark are encouraged.

(b)

All exterior lights shall be designed for commercial use. A lighting plan showing lighting levels on-site and at the property line must be submitted with the design standards checklist for each exterior light to be used.

(c)

Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots along that path, and shall utilize coordinated light fixtures.

(d)

The maximum height of wall mounted parking lot light fixtures shall be 16 feet above the ground. Pole-mounted fixtures are acceptable, but not required. The maximum height of pole-mounted fixtures is 30 feet from the ground to the top of the fixture. Fixtures shall be of full-cut-off (FCO) design to minimize glare and spillover.

(e)

Ornamental lighting to light the building facade is permitted, provided that the light source is not visible from the property line and is designed to minimize glare and spillover.

(f)

No overhead light source (i.e., the lamp or reflector) shall be visible from the property line. Shields may be employed, if necessary, to satisfy this requirement.

(g)

Each exterior entry to structures on the property shall have an exterior light.

(h)

For properties adjacent to residential uses, motion sensor flood or spot lights shall have shrouds, be limited to two bulbs pointed at least 30 degrees downward and not directly into windows or doors of neighboring building, and the light sources shall not be visible from the street.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

For commercial developments that include a residential component, the intent of this section is to increase resident safety, comfort and privacy by providing individual outdoor spaces for each unit.

(b)

Every residential unit is encouraged to have its own patio or balcony and shall be incorporated into the architectural facade of the building and may encroach into the building setback area defined in section 94-165.7(e), but not more than 25 percent. Commercial structures are also permitted to have exterior balconies. No patio or balcony shall extend over a public right-of-way.

(c)

For commercial developments, ground level patios or decks for customer seating are permitted in the setback areas and should include screening for noise.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

Building design (forms, scale and context) will result in high quality, orderly, and consistent street spaces, compatible relationships to adjoining sites, and an urban character; to create buildings that provide human scale, interest, and are architecturally cohesive, yet varied, in their overall form, scale and context; and to protect the architectural character and cohesiveness of surrounding buildings.

(b)

Buildings shall be designed to provide human scale, interest, and variety. A combination of the following techniques will be used to meet this objective:

(1)

Variation in the building form, such as recessed or projecting bays, shifts in massing, or distinct roof shapes;

(2)

Emphasis of building entries through projecting or recessed forms, detail, color, or materials;

(3)

Variation of material, material modules, expressed joints and details, surface relief, color, and texture to break up large building forms and wall surfaces. Such detailing could include sills, headers, belt courses, reveals, pilasters, window bays, and similar features.

(c)

For all nonmanufacturing and retail buildings, where the allowable building is more than 50 percent wider than adjacent buildings, one of the following techniques shall be employed to minimize the apparent width of the primary facade:

(1)

Articulate the facade with projections or bays.

(2)

Use architectural elements such as columns, canopies, glass, changes in materials, and covered entries to interrupt the facade.

(d)

The first floor facade shall include windows to provide visual interest and visual connection to the street. For facades facing an arterial or collector street, the total area of windows and doors, including trim, shall not be less than 20 percent of the total area of the facade, excluding gables.

(e)

Buildings shall be built to the front yard setback line. One story buildings, and the first story of multi-story buildings, provided upper floors are recessed, may project ten feet into the front yard setback when adjacent to an arterial or collector street. No parking is permitted in the front yard setback area. Exception:

(1)

Corner lots may have parking in the secondary front yard of the lower classified street, provided a ten-foot landscape area is provided along the right-of-way.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

The intent of this section is to provide visual interest and architectural character.

(b)

Any roof style such as hip, gambrel, mansard, colonial, flat or another roof style is permitted so long as the roof pitch is appropriate to the architectural style of the building and the roof element contains additional architectural elements such as dormers, long overhangs, windows or other features.

(c)

Flat roofs are permitted, and must incorporate a parapet wall on all sides, unless the rear side of the building is sloped for drainage. The parapet should include architectural details appropriate to the building design that creates a positive visual termination for the building (a "top").

(d)

A minimum of 50 percent of a building's linear roof drip edge should fall to ground surfaces that do not contain an impervious surface. If gutters or stormwater drain towards neighboring properties, then water shall be directed to rain garden(s), bio-swales, or other best management practices to minimize drainage onto neighboring properties.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

Developments will maintain architectural character and use attractive, high quality materials with low life-cycle costs.

(b)

The use of identical materials on all sides of the building is encouraged; however, higher-quality materials on street-facing facades and complementary materials on other facades are acceptable.

(c)

Use of decorative accessories and trim should conform to architectural design of the structure.

(d)

Vinyl, plywood, chipboard, T1-11, asphalt siding, non-architectural metal siding and smooth-faced concrete block are prohibited as exterior finish materials. Treated wood shall be painted or stained.

(e)

Natural wood shall be painted or stained, unless it is cedar, redwood or some other naturally weather resistant species and is intended to be exposed.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)

(a)

The visual impact of garages and accessory buildings facing the street, will be improved by preventing storage doors and overhead doors principally used for loading from facing the street, and to maximize pedestrian safety.

(b)

Street-facing overhead doors on garages are not permitted on lots served by an alley. Corner lots shall have overhead doors facing the street of the lowest classification according to the major street plan.

(c)

The cumulative length of all garage doors facing the commercial corridor shall not exceed 25 percent of the total length of the street-facing elevation, unless architecturally justified.

(d)

All accessory buildings shall be architecturally compatible and be constructed of the same materials as the primary building.

(Ord. No. 21-017, § 1, 5-11-2021; Ord. No. 25-008, § I, 5-27-2025)