Purpose and intent. The R-1 district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space. The R-1 district as shown on the official zoning map of the City of Calhoun, Georgia, in existence as of the effective date of this ordinance includes the following districts: R-1A, and R-1B. As and when the zoning map is amended the district designations of R-1A, and R-1B shall be entered upon the lot(s) so designated.

7.1.1. Permitted uses. Within an R-1 single-family residential district, the following uses shall be permitted.

1.

Single-family detached dwellings, but not including mobile homes.

2.

Noncommercial horticulture and agriculture, except in front and side yard setbacks.

3.

Noncommercial clubs and lodges.

4.

Private parks and playgrounds.

5.

Golf courses and driving ranges, provided:

a.

Any building or structure established in connection with such use must be set back no less than 100 feet from any property line.

b.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring property.

6.

Public buildings and utilities.

7.

Neighborhood recreation centers or swimming pools, provided:

a.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.

b.

Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.

c.

All pools must adhere to the standards of the Standard Swimming Pool Code, as contained in the Southern Building Code, as amended.

8.

Religious institutions, churches, monasteries, mosques, temples and synagogues, provided:

a.

All buildings shall be set back 75 feet from any property lines except along rights-of-way, in which case the front setback shall apply.

b.

All parking areas shall meet the following criteria:

(1)

Minimum 30-foot landscaped buffer when abutting any residentially zoned property.

(2)

Minimum 20-foot landscaped buffer adjacent to all other property lines not under the direct ownership and control of the religious facility. If abutting property is owned by the religious facility and is sold or leased for another use, the buffer requirement may be applied retroactively.

9.

Accessory uses and structures incidental to any legal permitted use.

10.

Home occupations, provided the following criteria are met:

a.

Home occupations may be approved by the building inspector upon the application of the proposed principal in such form as the building inspector or his/her designee may direct.

b.

No more than two persons shall be engaged in such home occupation, one of whom shall be a member of the family residing on the premises.

c.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and no more than 25 percent of the floor area of the dwelling unit or 500 square feet, whichever amount is less, shall be used for the conduct of the home occupation. Such space may be contained in a lawful accessory structure.

d.

There shall be no assembly or group instructions in connection with the home occupation. Individual instruction on a one-on-one basis is permitted.

e.

No product shall be sold on the premises. This provision shall not be construed as prohibiting sales by taking orders personally or by telephone when delivery of the merchandise is to take place elsewhere.

f.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front or side yard.

g.

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

h.

Any person who obtains authorization permitting the conduct of a home occupation shall be a member of the family residing on the premises, shall take substantially all of his/her overnight lodging at the dwelling, shall store substantially all his personal belongings which are used in normal daily life in the dwelling, and shall use the address of the subject dwelling as his/her address for legal purposes such as registration to vote and payment of personal property taxes.

11.

Telecommuting.

12.

Bed and breakfast unit consisting of a rooming unit which is rented by the owners to persons who are not related to the owner by blood, marriage or adoption, provided that:

a.

Such rooming unit is within a single-family dwelling occupied by the owner as his/her principal residence.

b.

All rooming units together occupy no more than one-fourth of the habitable floorspace of the dwelling.

c.

Such rooming unit is normally rented to the same occupants for a period no longer than seven consecutive days.

d.

No meal other than breakfast served to guests.

e.

No addition or alteration may be made to a dwelling for the purpose of adding a rooming unit to be rented as a bed and breakfast unit.

f.

There are no signs on the property other than those normally permitted for a single-family residence under this ordinance.

g.

Parking shall conform with the requirements contained in this ordinance.

13.

Nursery schools and kindergartens provided that they shall have at least 35 square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area; and that the outdoor play area shall be enclosed by a solid fence having a minimum height of six feet; and provided that the principal building of such use shall meet all the yard requirements of the R-1 residential district.

7.1.1(a). Buffer requirements. Within an R-1 single-family residential district any use permitted which abuts a single-family detached dwelling shall maintain a buffer area and fence as required under section 6.5.4 of this ordinance unless a specific buffer area is otherwise required for said use.

7.1.2. Accessory structures. Within an R-1 single-family residential district, the following criteria shall be met as to all accessory structures:

1.

All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side and 20 feet from the rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.

2.

When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.

3.

No accessory building shall be constructed upon a lot before the principal building.

4.

No accessory structure may exceed the mean height of the principal building.

5.

The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.

6.

Swimming pools must be enclosed by a fence not less than four feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.

_____

7.1.3. Bulk and area regulation. Within an R-1 single-family residential district, the following bulk and area regulation shall apply:

Purpose and intent. The R-1A district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.

7.2.1. Permitted uses. Within an R-1A single-family residential district, the following uses shall be permitted.

1.

Single-family detached dwellings, but not including mobile homes.

2.

Noncommercial horticulture and agriculture except in front and side yard setbacks.

3.

Noncommercial clubs and lodges.

4.

Private parks and playgrounds.

5.

Golf courses and driving ranges, provided:

a.

Any building or structure established in connection with such use must be set back no less than 100 feet from any property line.

b.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring property.

6.

Public buildings and utilities.

7.

Neighborhood recreation centers or swimming pools, provided:

a.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.

b.

Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.

c.

All pools must adhere to the standards of the Standard Swimming Pool Code, as contained in the Southern Building Code, as amended.

8.

Religious institutions, churches, monasteries, mosques, temples and synagogues, provided:

a.

All buildings shall be set back 75 feet from any property lines except along rights-of-way, in which case the front setback shall apply.

b.

All parking areas shall meet the following criteria:

(1)

Minimum 30-foot landscaped buffer when abutting any residentially zoned property.

(2)

Minimum 20-foot landscaped buffer adjacent to all other property lines not under the direct ownership and control of the religious facility. If abutting property is owned by the religious facility and is sold or leased for another use, the buffer requirement may be applied retroactively.

9.

Accessory uses and structures incidental to any legal permitted use.

10.

Home occupation, provided the following criteria are met:

a.

Home occupations may be approved by the building inspector upon the application of the proposed principal in such form as the building inspector or his/her designee may direct.

b.

No more than two persons shall be engaged in such home occupation, one of whom shall be a member of the family residing on the premises.

c.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and no more than 25 percent of the floor area of the dwelling unit or 500 square feet, whichever amount is less, shall be used for the conduct of the home occupation. Such space may be contained in a lawful accessory structure.

d.

There shall be no assembly or group instructions in connection with the home occupation. Individual instruction on a one-on-one basis is permitted.

e.

No product shall be sold on the premises. This provision shall not be construed as prohibiting sales by taking orders personally or by telephone when delivery of the merchandise is to take place elsewhere.

f.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front or side yard.

g.

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

h.

Any person who obtains authorization permitting the conduct of a home occupation shall be a member of the family residing on the premises, shall take substantially all of his/her overnight lodging at the dwelling, shall store substantially all his personal belongings which are used in normal daily life in the dwelling, and shall use the address of the subject dwelling as his/her address for legal purposes such as registration to vote and payment of personal property taxes.

11.

Telecommuting.

12.

Bed and breakfast unit consisting of a rooming unit which is rented by the owners to persons who are not related to the owner by blood, marriage or adoption, provided that:

a.

Such rooming unit is within a single-family dwelling occupied by the owner as his/her principal residence.

b.

All rooming units together occupy no more than one-fourth of the habitable floorspace of the dwelling.

c.

Such rooming unit is normally rented to the same occupants for a period no longer than seven consecutive days.

d.

No meal other than breakfast served to guests.

e.

No addition or alteration may be made to a dwelling for the purpose of adding a rooming unit to be rented as a bed and breakfast unit.

f.

There are no signs on the property other than those normally permitted for a single-family residence under this ordinance.

g.

Parking shall conform with the requirements contained in this ordinance.

13.

Nursery schools and kindergartens provided that they shall have at least 35 square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area; and that the outdoor play area shall be enclosed by a solid fence having a minimum height of six feet; and provided that the principal building of such use shall meet all the yard requirements of the R-1A residential district.

7.2.2(a). Buffer requirements. Within an R-1A single-family residential district any use permitted which abuts a single-family detached dwelling shall maintain a buffer area and fence as required under section 6.5.4 of this ordinance unless a specific buffer area is otherwise required for said use.

7.2.2. Accessory structures. Within an R-1A single-family residential district, the following criteria shall be met as to all accessory structures:

1.

All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from the side and the rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.

2.

When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.

3.

No accessory building shall be constructed upon a lot before the principal building.

4.

No accessory structure may exceed the mean height of the principal building.

5.

The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.

6.

Swimming pools must be enclosed by a fence not less than four feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.

7.2.3. Bulk and area regulation. Within an R-1A single-family residential district, the following bulk and area regulation shall apply:

Purpose and intent. The R-1B district is intended to be used for low density single-family detached housing and residentially compatible uses requiring large amounts of open space.

7.3.1. Permitted uses. Within an R-1B single-family residential district, the following uses shall be permitted.

1.

Single-family detached dwellings, but not including mobile homes.

2.

Noncommercial horticulture and agriculture except in front and side yard setbacks.

3.

Noncommercial clubs and lodges.

4.

Private parks and playgrounds.

5.

Golf courses and driving ranges, provided:

a.

Any building or structure established in connection with such use must be set back no less than 100 feet from any property line.

b.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring property.

6.

Public buildings and utilities.

7.

Neighborhood recreation centers or swimming pools, provided:

a.

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.

b.

Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.

c.

All pools must adhere to the standards of the Standard Swimming Pool Code, as contained in the Southern Building Code, as amended.

8.

Religious institutions, churches, monasteries, mosques, temples and synagogues, provided:

a.

All buildings shall be set back 75 feet from any property lines except along rights-of-way, in which case the front setback shall apply.

b.

All parking areas shall meet the following criteria:

(1)

Minimum 30-foot landscaped buffer when abutting any residentially zoned property.

(2)

Minimum 20-foot landscaped buffer adjacent to all other property lines not under the direct ownership and control of the religious facility. If abutting property is owned by the religious facility and is sold or leased for another use, the buffer requirement may be applied retroactively.

9.

Accessory uses and structures incidental to any legal permitted use.

10.

Home occupation, provided the following criteria are met:

a.

Home occupations may be approved by the building inspector upon the application of the proposed principal in such form as the building inspector or his/her designee may direct.

b.

No more than two persons shall be engaged in such home occupation, one of whom shall be a member of the family residing on the premises.

c.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and no more than 25 percent of the floor area of the dwelling unit or 500 square feet, whichever amount is less, shall be used for the conduct of the home occupation. Such space may be contained in a lawful accessory structure.

d.

There shall be no assembly or group instructions in connection with the home occupation. Individual instruction on a one-on-one basis is permitted.

e.

No product shall be sold on the premises. This provision shall not be construed as prohibiting sales by taking orders personally or by telephone when delivery of the merchandise is to take place elsewhere.

f.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front or side yard.

g.

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

h.

Any person who obtains authorization permitting the conduct of a home occupation shall be a member of the family residing on the premises, shall take substantially all of his/her overnight lodging at the dwelling, shall store substantially all his personal belongings which are used in normal daily life in the dwelling, and shall use the address of the subject dwelling as his/her address for legal purposes such as registration to vote and payment of personal property taxes.

11.

Telecommuting.

12.

Bed and breakfast unit consisting of a rooming unit which is rented by the owners to persons who are not related to the owner by blood, marriage or adoption, provided that:

a.

Such rooming unit is within a single-family dwelling occupied by the owner as his/her principal residence.

b.

All rooming units together occupy no more than one-fourth of the habitable floorspace of the dwelling.

c.

Such rooming unit is normally rented to the same occupants for a period no longer than seven consecutive days.

d.

No meal other than breakfast served to guests.

e.

No addition or alteration may be made to a dwelling for the purpose of adding a rooming unit to be rented as a bed and breakfast unit.

f.

There are no signs on the property other than those normally permitted for a single-family residence under this ordinance.

g.

Parking shall conform to the requirements contained in this ordinance.

13.

Nursery schools and kindergartens provided that they shall have at least 35 square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area; and that the outdoor play area shall be enclosed by a solid fence having a minimum height of six feet; and provided that the principal building of such use shall meet all the yard requirements of the R-1B residential district.

7.3.2(a). Buffer requirements. Within an R-1B single-family residential district any use permitted which abuts a single-family detached dwelling shall maintain a buffer area and fence as required under section 6.5.4 of this ordinance unless a specific buffer area is otherwise required for said use.

7.3.2. Accessory structures. Within an R-1B single-family residential district, the following criteria shall be met as to all accessory structures:

1.

All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from the side and the rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.

2.

When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.

3.

No accessory building shall be constructed upon a lot before the principal building.

4.

No accessory structure may exceed the mean height of the principal building.

5.

The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.

6.

Swimming pools must be enclosed by a fence not less than four feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.

7.3.3. Bulk and area regulation. Within an R-1B single-family residential district, the following bulk and area regulation shall apply:

Within a R-2A residential district, the following uses shall be permitted:

7.4.1. All uses permitted in a R-1 residential district, except no single-family detached dwelling unit shall be permitted in this district.

7.4.2. Two-family and multifamily dwellings; townhouses fee simple and condominiums.

7.4.3. Bulk and area regulation. Within a R-2A residential district, the following bulk and area regulation shall apply;

7.5.1. All uses permitted in R-1 residential district, except no single-family detached dwelling unit shall be permitted in this district unless it is erected upon a lot of record which has been of record for 40 or more years as of May 1, 2002. No two-family or multifamily dwellings (townhouses fee simple, condominiums, duplexes or triplexes) shall be permitted in any R-2 residential district upon any lot of record which has been of record for 40 or more years as of May 1, 2002. No two-family or multifamily dwellings (townhouses fee simple, condominiums, duplexes or triplexes) shall be permitted in any R-2 residential district upon any combination of lots of record which have been of record for 40 or more years as of May 1, 2002.

7.5.2. Two-family and multifamily dwellings (townhouses fee simple, condominiums, duplexes or triplexes). Separate bath/toilet shall be provided for each dwelling. No two-family or multifamily dwellings (townhouses fee simple, condominium, duplexes or triplexes) shall be permitted in any R-2 residential district upon any lot of record which has been of record for 40 or more years as of May 1, 2002. No two-family or multifamily dwellings (townhouses fee simple, condominiums, duplexes or triplexes) shall be permitted in any R-2 residential district upon any combination of lots of record which have been of record for 40 or more years as of May 1, 2002.

7.5.3. Buildings are limited to use of 35 percent of site area.

7.5.4. Two off-street parking spaces shall be provided on the site for each dwelling unit.

7.5.5. Buildings containing four or more dwelling units shall be considered to be apartment buildings. Sites must have 100 feet frontage on a public street. Total building area is limited to 25 percent. Two off-street parking spaces shall be provided on-site for each dwelling unit, except in the case of public housing, which shall provide 1½ parking spaces. Each dwelling unit shall have separate bath/toilet and kitchen/dining areas.

7.5.6. Buildings shall be spaced at least 20 feet apart. The front of one building must not face the rear of another building on the site.

7.5.7. Bulk and area regulations. Within a R-2 residential district, the following bulk and area regulations shall apply:

(Ord. No. 742, § 1(b), 8-22-2002)

Within an R-3 residential district, the following uses shall be permitted:

7.6.1. All uses permitted in R-2 residential district.

7.6.2. Residential manufactured homes and mobile homes provided they are located in a manufactured home park which meets the requirements set forth in this ordinance.

7.6.3. Manufactured home parks and customary accessory uses, but not to include the sale of or service to manufactured homes or mobile homes, provided the following minimum standards are met:

1.

The applicant presents plans and specifications for the proposed park in a form suitable for making the determinations required herein.

2.

The proposed site shall contain a minimum of five acres.

3.

There shall be a maximum of three manufactured or mobile home spaces per gross acre.

4.

Each manufactured or mobile home space shall have a minimum lot area of 10,000 square feet with a minimum width of 50 feet.

5.

A minimum of 50 percent of the total number of manufactured or mobile home spaces in the proposed park must be available for occupancy before any manufactured or mobile home space in the park may be occupied.

6.

A planted buffer strip, not less than 25 feet in width shall be located along lot lines of the park not bordering a street.

7.

All sanitary facilities for the park shall be approved by the county health officer and/or the city building inspector. No septic tanks shall be permitted.

7.6.4. Motels, rooming and boarding houses.

7.6.5. Public and private clubs.

7.6.6. Accessory uses and customary home occupations, including professional offices of a doctor, dentist, lawyer, architect or similar use, provided such uses and occupations shall be conducted within the principal building and that no more than 30 percent of the floor area of the principal building shall be used for such purpose. There shall be no external evidence of such use except that one nonilluminated identification sign not exceeding two square feet in area shall be permitted.

7.6.7. Bulk and area regulations. Within a R-3 residential district, the following bulk and area regulations shall apply:

(Ord. No. 742, § 1(c), 7-22-2002)

Within the O-I office and institutional district the following uses shall be permitted:

7.7.1. All uses permitted within the R-2 residential district.

7.7.2. Offices, including drive-in banks.

7.7.3. Public and semipublic utility stations and structures.

7.7.4. Customary home occupations and accessory uses, including professional offices of a doctor, dentist, lawyer, architect, or similar use, provided that such uses and occupations shall be conducted within the principal building and that not more than 30 percent of the floor area of the principal building shall be used for such purposes. There shall be no external evidence of such use except that one nonilluminated identification sign not exceeding two square feet in area shall be permitted.

7.7.5. Only attached outdoor business signs as permitted in section 10.5.

7.7.6. Bulk and area regulations. Within the O-I office and institutional district the following bulk and area regulations shall apply:

Cross reference— Businesses, ch. 22.

Within the C-1 central business district, the following uses shall be permitted:

7.8.1. Any retail business or service establishment.

7.8.2. Hotels, offices, banks, and theaters.

7.8.3. Automobile parking lots and garages.

7.8.4. Bus terminals.

7.8.5. Wholesaling.

7.8.6. Newspaper offices and printing establishments.

7.8.7. Automobile service stations, provided that all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property line except where such side or rear property lines abut a street, in which case the setback shall be that required for such streets measured from the right-of-way. All buildings or structures including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. If, on a corner lot, the means of ingress and egress shall be provided not less than 15 feet from the intersection of street lines. Ingress and egress shall be arranged and designed so as to minimize the interference with the flow of traffic, either vehicular or pedestrian.

7.8.8. Attached outdoor advertising signs and business signs to buildings. Only on-premise signs allowed in C-1 area.

7.8.9. Public buildings and structures.

7.8.10. Public utility stations and structures.

7.8.11. Churches.

7.8.12. Automobiles sales and services.

7.8.13. Loft apartments or residences as defined in this ordinance.

Cross reference— Businesses, ch. 22.

Within a C-2 general business district, the following uses shall be permitted:

7.9.1. All uses permitted in the C-1 central business district but no loft apartments or residences.

7.9.2. Funeral parlors and mortuaries, provided any such use shall be located on a major street.

7.9.3. Tourist courts and motels.

7.9.4. Public and private clubs.

7.9.5. Veterinary clinics and/or animal hospitals, provided no part of any building, structure, pen, or enclosure is located closer than 50 feet to any property line.

7.9.6. Signs, including outdoor advertising, incidental or accessory advertising, and business signs, provided the required setback is observed.

7.9.7. Commercial recycling collection centers.

7.9.8. Warehousing.

7.9.9. Bulk and area regulations.

(1)

Within the C-2 general business district the following bulk and area regulations shall apply:

(2)

All setbacks along Curtis Parkway from its northern intersection with Dogwood Drive to its intersection with Peters Street shall be 15 feet greater, at any angle, than the C-2 general business district requirements if the front, side or rear of any building, structure or sign to be erected on the property fronts or faces Curtis Parkway; provided, however, said greater setback shall not apply to any property presently contiguous to any portion of Curtis Parkway, which is three lanes wide as of January 1, 2005.

(Ord. No. 817, § 1, 5-9-2005; Ord. No. 944, § 2, 10-26-2015; Ord. No. 973, § 4, 9-25-2017)

Cross reference— Businesses, ch. 22.

Within the C-N neighborhood business district, the following uses shall be permitted.

7.10.1. Any retail business or retail service establishment not otherwise mentioned in this section.

7.10.2. Theaters, but not including drive-in theaters.

7.10.3. Radio, television and appliance repair shops.

7.10.4. Offices, including drive-in branch banks.

7.10.5. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

7.10.6. Outdoor advertising signs and business signs, provided that all lighting be so shielded that it does not adversely affect adjacent residential areas.

7.10.7. Publicly owned and operated building and lands.

7.10.8. Automobile service stations, provided that all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property line except where such side or rear property lines abut a street, in which case, the setback shall be that required for such streets measured from the right-of-way. All buildings or structures including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. If on a corner lot, the means of ingress and egress shall be provided not less than 15 feet from the intersection of street lines. Ingress and egress shall be arranged and designed so as to minimize the interference with the flow of traffic either vehicular or pedestrian.

7.10.9. Churches, synagogues and similar places of worship.

7.10.10. Within the C-N neighborhood business district, every use shall be so constructed, maintained, and operated as not to be injurious or offensive to occupants of adjacent premises by reason of the emission or creation or noise, smoke, vibrations, dust, electrical disturbance, toxic or noxious waste material, odor, fire and explosive hazard, glare or traffic generation.

7.10.11. Bulk and area regulations. Within the C-N neighborhood business district the following bulk and area regulations shall apply:

Cross reference— Businesses, ch. 22.

Within an Ind-G industrial district, the following uses shall be permitted:

7.11.1. Any industry which does not cause injurious or obnoxious noise, vibrations, smoke, gas fumes, odor, dust, fire hazard, or other objectionable conditions.

7.11.2. Truck terminals.

7.11.3. Wholesaling, warehousing, commercial recycling collections centers, scrap metal processors and industrial recycling processing centers.

7.11.4. Any retail or service establishment dependent upon or closely related to industry.

7.11.5. Storage yards, including building materials and lumberyards provided any such use is screened from view by a solid wall, planted screen or similar opaque partition at least six feet in height. Such partition shall comply with all setback requirements of this district. No junkyards or automobile junkyards shall be allowed in this district unless otherwise legally permitted in accordance with all of the provisions of Chapter 22: Businesses, Article III—Regulatory Licenses and Business Regulations, Division 5—Recycling Processing Centers for the Purchase, Sale or Processing of Post Consumer or Post Industrial Materials.

7.11.6. Automobile service stations, provided that all structures and buildings, except principal use signs, and including storage tanks shall be placed not less than 25 feet from any side or rear property line except where such side or rear property lines abut a street, in which case, the setback shall be that required for such streets measured from the right-of-way. All buildings or structures including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. If on a corner lot, the means of ingress and egress shall be provided not less than 15 feet from the intersection of street lines. Ingress and egress shall be arranged and designed so as to minimize the interference with the flow of traffic either vehicular or pedestrian.

7.11.7. Signs, including outdoor advertising, incidental or accessory advertising, and business signs.

7.11.8. Bulk and area regulations. Within an Ind-G industrial district the following bulk and area regulations shall apply:

(Ord. No. 944, §§ 3, 4, 10-26-2015; Ord. No. 973, § 5, 9-25-2017)

Cross reference— Businesses, ch. 22.

(a)

Applications for the use of manufactured homes for business or educational occupancy in any zoning district in the city shall be made in accordance with article XIV, section 14.4 of this ordinance. When such uses are permitted, the use thereof cannot exceed 12 months. A renewal application must be obtained in the same manner from the mayor and council if an extension is desired. For the purpose of this section only, a manufactured home includes a structure constructed for the temporary use as a classroom for educational purposes (public or private), medical offices, construction site offices, and similar uses.

(b)

Trailers may be temporarily parked and used as bona fide construction offices and the quarters of a lone night watchman at the construction site, provided a construction office trailer permit is secured from the building inspector.

(Ord. No. 742, § 1(d), 7-22-2002)

The A-1 agricultural district is established to encourage the retention and development of suitable areas for common farm practices and various nonfarm uses, preservation of open space, the conservation and management of soil, water, air, game and other natural resources and amenities, and to discourage the creation or continuation of conditions which could detract from the function, operation, and appearance of areas to provide food supplies and to prevent or minimize conflicts between common farm practices and nonfarm uses.

7.13.1. Within an A-1 agricultural district, no building structure, land or water shall be used, except with one or more of the following uses:

1.

All agricultural and horticulture uses;

2.

Pastures and grasslands for the production of livestock;

3.

Plant nurseries and greenhouses not involved with retail sales to the general public;

4.

Poultry production;

5.

Dairy farms;

6.

Fish hatcheries;

7.

Bait production;

8.

Public owned/controlled parks and recreation areas;

9.

Stables, barns, sheds, silos, granaries, windmills, and related agricultural uses;

10.

Home occupations;

11.

Single-family dwellings and customary accessory uses, including docks and boathouses;

12.

Guesthouses;

13.

Sawmills or related forestry uses;

14.

Meat processing and temporary holding lots.

7.13.2. Conditional uses.

1.

Cemeteries;

2.

Kennels, including the commercial raising or breeding of dogs;

3.

Public utility and service structures;

4.

Country and golf clubs, fishing clubs and camps, marinas, gun clubs when located on lands comprising ten acres or more and making use of land in its predominantly natural state;

5.

Private and public recreational uses, including golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries for native species, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails;

6.

Riding stables when located on lands of ten acres or more;

7.

Tenant dwellings, one- and two-family, where the land use is for bona fide agricultural purposes; provided further that such structures house only those persons and their immediate family employed in carrying out such bona fide agricultural use;

8.

Mobile homes and customary accessory uses.

7.13.3. Building height. No building or structure, except silos, granaries, windmills, barns, and other structures which are current to the operation of an agricultural enterprise, may exceed 35 feet in height.

7.13.4. Building site area requirements. The minimum building site area for each single-family dwelling unit or mobile home shall be one acre and the site shall have a minimum width of 100 feet at the building line.

7.13.5. Yard regulations. The following minimum front, rear, and side yards shall be observed:

1.

Front: 50 feet measured from the front property or lot line.

2.

Rear: 30 feet measured from the rear property or lot line.

3.

Side: Ten feet measured from the side property to lot line except where a side yard abuts a street or road, in which case, the side yard shall be 50 feet.

7.13.6. Accessory buildings and structures. Accessory buildings and structures which are not intended for use or used for the housing of livestock or poultry and are ancillary to the residential use shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard shall be a minimum of ten feet.

7.13.7. Buildings and structures. Building or structures which are intended for use or used for the housing or shelter of livestock or poultry and silos, granaries, windmills, barns, and similar structures which are concurrent to the operation of an agricultural enterprise shall observe a minimum setback of 50 feet from any property line and be spaced a minimum of 100 feet from any residence on an adjacent lot or parcel.

7.13.8. Parking/loading requirements. Off-street parking/loading shall be provided in accordance with article VI, sections 6.3 and 6.4.

A.

Purpose and intent. The PRD district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and provide other public benefits. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed. However, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, water features, pool/clubhouse, playground equipment, recreational facilities, open space, pedestrian plazas, walking trails, etc. The PRD district is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space, reduce vehicle trips and provide stable developments, which enhance the surrounding area.

A.1.

Building massing. Street fronting building facades greater than 150 feet in length shall be modulated with breaks in wall surfaces and materials at intervals not to exceed 150 feet, measured parallel to the street. For buildings that are three stories or less in height, each floor shall be delineated through windows, belt courses, cornices lines, or similar architectural detailing.

B.

Permitted uses.

1.

2.

Duplexes and triplexes.

3.

Townhouses and condominiums.

4.

Private parks and playgrounds.

5.

Assisted living, personal care and retirement home facilities, provided all necessary local and state licenses and/or certifications are obtained.

6.

Accessory uses and structures incidental to any permitted use.

7.

Commercial uses which are consistent with "mixed use" concept for PRD development and shall be limited to dining, service and retail business operations such as dry cleaners, restaurants, diners and clothing or other retail stores.

C.

Temporary/conditional uses.

1.

Home occupations (see standards set forth in section 7.1.1.10).

2.

Garage sales, provided:

a.

Sales may not last more than three consecutive days and are limited to one sale every three months.

b.

No consignment goods may be offered for sale.

c.

Sales are conducted between the hours of 8:00 a.m. and 7:00 p.m.

d.

One sign per property frontage is allowed, maximum six square feet in size.

D.

Special uses permitted by city council. Only those uses delineated in the approved general and detailed plans.

E.

Accessory structures.

1.

All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.

2.

When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.

3.

No accessory building shall be constructed upon a lot before the principal building.

4.

No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.

5.

The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.

F.

Use limitations.

1.

No outside storage is permitted with residential uses, excluding firewood and lawn furnishings.

2.

All outside storage associated with nonresidential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by a solid fence at least six feet in height. The building inspector may approve the substitution of plantings for the required fence. No livestock are permitted.

3.

All required open space and amenity areas submitted and approved in the site plan must be established, constructed and in operation no later than 75 percent of the total PRD project being permitted. The community development department shall cease issuing building permits until this requirement is fulfilled.

G.

Landscape and buffer requirements. When a PRD district abuts a single-family residential district or use, a 50-foot greenbelt buffer shall be established.

H.

Procedure for establishment of planned development district.

1.

General plan filed. The owner or owners of the entire tract of land proposed to be included in the planned development districts shall file a general plan with a request for a change in zoning with the zoning advisory board for consideration and referral to the city council for recommendation. Six copies of the general plan shall be submitted. Said plan shall contain such information and representations required or deemed necessary by the city council, zoning advisory board and all applicable city departments to permit proper review. Such information and representations must include, but is not limited to, the following:

a.

A statement describing why standard zoning districts are insufficient and how the proposed development conforms to those parameters and ideals set forth in the "intent and purpose" element of this district.

b.

The general method of development and operation of the proposed general plan.

c.

The boundaries of the tract of land included in the general plan, the computed area and the legal description thereof, the topography and other salient features of the tract by reference to a plat of survey prepared by a licensed land survey [surveyor].

d.

The location and extent of existing and proposed public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.

e.

The location and type of existing buildings and structures proposed to be retained or removed by reference to a plan or drawing.

f.

The general location of proposed buildings by reference to a plan or drawing and an indication of the use to be made of each building.

g.

Dwelling unit density to be applied within the tract.

h.

Minimum standards for lot development including setbacks, distances between buildings and house sizes.

i.

Architectural, facade or material requirements.

j.

The maximum floor area designated for each use.

k.

The percentage of development maintained as open space and/or recreation areas and impervious surfaces. A minimum of ten percent of the land must be preserved in open space, amenities, and/or recreation areas. Said open space/amenities shall be held in common by a legally constituted homeowners association with the financial capability to maintain the open space. For the purposes of calculation, open space does not include any public rights-of-way, parking lots, streets, required setback areas, storm water control measures or detention facilities.

l.

Preliminary tree protection plan and screening standards.

m.

Public transportation facilities or provisions (if any).

2.

Plan reviewed. Said plan shall be reviewed by the zoning advisory board and a determination made as to whether the proposed plan is consistent with the intent and standards of this district and whether the development of the tract serves the public welfare. Such determination shall be made after an analysis prepared by the building inspection department. Said analysis shall include, but is not limited to, the availability of public access and utilities to the tract, neighboring property uses, and the effect on the efficient delivery of city services. A recommendation relating to the proposed plan shall be transmitted to the city council.

3.

Council approval. The city council, upon receiving the recommendation of the zoning advisory board relating to a planned development proposal, shall proceed in accordance with the requirements of law to consider amendment of the zoning map.

a.

In the event the governing authority approves the general plan and changes the zoning by passing the required amendments to the zoning map, the requirements of the plan shall constitute the zoning regulations for the district and the zoning maps shall be amended, unless subject to reversion as described herein.

b.

No later than the expiration of 24 months following the zoning decision approval to permit the PRD use district, any owner and/or developer shall have commenced substantial efforts toward physical development and construction upon the subject real property then the approval shall expire and be thereby rendered void and invalid. For the purposed of this Code, the term "substantial efforts toward physical development and construction" shall require more than merely engineering plans, subdivision survey plats or the initial land disturbance activities for land development such as the clearing of trees or grading of soil without the installation of artificial infrastructure.

c.

Should the council's approval for the PRD use district become rendered void and invalid with the expiration of 24 months without the required "substantial efforts toward physical development and construction, then the subject property shall revert to the prior approved use district classification. A new PRD zoning decision shall then be required following a new application."

4.

Detailed plan filed. Subsequent to all subdivision improvements being installed, a final detailed plan shall be reviewed and approved by the mayor and council. The detailed plan shall include, but is not limited to, the following:

a.

The location and extent of public rights-of-way, easements and water and drainage courses bounding and within the tract included in the general plan by reference to a plan or drawing.

b.

Minimum standards for lot development.

c.

Open space and recreation area provisions (active and passive).

d.

Detailed landscaping plan.

5.

Plan amendments. Pursuant to the same procedures and subject to the same limitations by which plans were approved and amendments to the official zoning map adopted, such plans may be amended in whole or in part. Minor changes in use and intensity of use may not require an amendment to the general plan and may be submitted for approval in conjunction with the detailed plan.

(Ord. No. 798, § 3, 11-8-2004; Ord. No. 1029, § 1, 11-8-2021; Ord. No. 1090, § 1, 9-9-2024)