Cape Girardeau City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

Sec. 30-53. - General.

(a)

Districts and boundaries thereof. In order to classify, regulate, and restrict the location of land uses, to regulate and limit the intensity of such uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, and to regulate and determine the areas of yards and other open spaces surrounding such buildings, the city is hereby divided into the following districts:

Agricultural.

AG, Agricultural District.

AG-1, Exclusive Agricultural District.

Residential.

RE, Rural Estate Single-Family District.

R-1, Single-Family Suburban Residential District.

R-2, Single-Family Urban Residential District.

R-3, High Density Single-Family Residential District.

R-4, Medium Density Multifamily Residential District.

R-5, High Density Multifamily Residential District.

RUMD, Residential Urban Mixed Density District.

RMH, Residential Manufactured Home District.

Commercial and manufacturing/industrial.

NC, Neighborhood Commercial District.

CBD, Central Business District.

C-1, General Commercial District.

C-2, Highway Commercial District.

M-1, Light Manufacturing/Industrial District.

M-2, Heavy Manufacturing/Industrial District.

Other districts.

A-1, Airport District.

PD, Planned Development District.

Overlay districts.

CX, Adult Entertainment Overlay District.

DCC, Downtown Commercial Corridor Overlay District.

H, Historic Overlay District.

IO, Increased Occupancy Overlay District.

NCON, Neighborhood Conservation Overlay District.

(b)

Unless otherwise indicated by the city ordinances, the boundaries of the districts shall follow property lines, and shall not include streets and alleys. The districts and their boundaries are shown upon the city's zoning district map as that map may, from time to time, be amended. The district map and all the notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the city clerk.

(c)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district into which such street, alley, or other public way is incorporated shall automatically include such vacated property, and all areas included in the vacation shall then and hence forth be subject to all appropriate regulations of the extended districts.

(d)

Concurrently with the annexation of any land, the city shall hold a public hearing to zone the land with an appropriate designation and in conformance with the reasonable use of the property. Notice and hearing procedures shall be in conformance with section 30-32(h).

(e)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this chapter, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map.

(f)

Scope of restrictiveness. Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except in accordance with the regulations of the district in which the building or land is located.

(1)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(2)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

(3)

The yard regulations required by this article are minimum regulations for each and every building existing at the effective date of the ordinance from which this chapter is derived and for any building hereafter erected or structurally altered. Unless otherwise allowed by this chapter, no land required for yards or other open spaces around an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building. No land shall be included in the determination of the minimum area of a lot which has been taken from an adjoining lot in such a manner that such adjoining lot thereby fails to meet the minimum lot area requirements for the district in which it lies.

(4)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations as set forth in chapter 25.

(Code 1990, § 30-300; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4206, arts. 5, 6, 3-7-2011)

Sec. 30-54. - AG, Agricultural District.

(a)

Purpose. The purpose of the AG district is to preserve, in agricultural uses, lands suited to future urban development pending proper timing and economical provision of public utilities and community facilities to ensure compact and orderly land use development. This district is intended for land of ten acres or more. The subdivision of land for the purpose of converting agricultural or other undeveloped land to residential use is not permitted in the AG district.

(b)

Permitted principal uses.

(1)

Farming, pastureland and agriculture, except commercial feedlots, stockyards and confinement operations.

(2)

Orchards.

(3)

Keeping or raising of large or small animals or poultry, including structures for storage and processing, and including accessory structures where animals are kept, shall be 200 feet from the property line. Commercial slaughtering business is not allowed.

(4)

Single-family detached dwellings, not to exceed four dwellings per farm.

(5)

Police and fire stations.

(6)

Bed and breakfasts.

(7)

Golf courses and driving ranges; this shall not include separate miniature golf courses and other similar activities operated as a business.

(8)

Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs.

(9)

Veterinarian facilities, provided that all buildings, structures, pens or open kennels shall be located at least 200 feet from any lot line.

(10)

Riding stables, provided that any building for keeping of animals shall be located at least 200 feet from any lot line.

(11)

Wineries.

(12)

Public parks, playgrounds and recreational facilities.

(13)

Dog kennels, commercial or noncommercial, provided any commercial open pens, runs, cages, or kennels shall be located at least 200 feet from any lot line.

(14)

Comprehensive marijuana cultivation facilities, medical marijuana cultivation facilities, or microbusiness wholesale facilities, as permitted in section 30-118.

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures and uses, as permitted in section 30-106. Any accessory structures used for the keeping of animals shall be located at least 200 feet from any lot line.

(2)

Agricultural product storage.

(3)

Roadside stands for sale of agricultural products.

(4)

Home occupations, as permitted in section 30-108, but not including typical farming operations.

(5)

Home day cares, with five or more unrelated children in a 24-hour period, as permitted in section 30-111.

(6)

Solar energy systems, as permitted in section 30-113.

(7)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Commercial day care facilities.

(2)

Manufactured home, for the purpose of agricultural related residence.

(3)

Wind energy conversion systems, as permitted in section 30-113.

(4)

Cemeteries on a minimum of ten acres of land.

(5)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(6)

Short-term use of shipping containers for principal uses, as permitted in section 30-105.

(7)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: 40 feet.

(2)

Minimum district size: Ten acres.

(3)

Maximum density: One unit per five acres.

(4)

Minimum lot width: 200 feet at building setback line.

(5)

Minimum lot area: Five acres for each single-family detached dwelling; no subdivision is required for such lots.

(6)

Minimum yard requirements:

Front yard: 60 feet.

Rear yard: 50 feet.

Side yard: 50 feet.

(f)

Prohibited uses. Single-family subdivision.

(Code 1990, § 30-310; Ord. No. 5211, art. 1, 7-15-2019; Ord. No. 5615, art. 1, 2-6-2023)

Sec. 30-55. - AG-1, Exclusive Agricultural District.

(a)

Purpose. The purpose of the AG-1 district is to provide for agricultural activities, and to provide for untimely scattering of more dense urban uses, which should be confined to areas planned for efficient extension of public services. The district is established to preserve, in agricultural uses, lands suited for future urban development pending proper timing and economical provision of public utilities and community facilities to ensure compact and orderly land use development. The subdivision of land for the purpose of converting agricultural or other undeveloped land to residential use, where the opening of new streets or roadways is contemplated to accomplish this purpose, is not permitted in an AG-1 district. The subdivision of land for a purpose that relates to a use provided for in the AG-1 district may be allowed. Change of zoning from AG-1 to any other zoning district shall be accompanied by a site plan for development and be subject to provisions of the city Code.

(b)

Permitted principal uses.

(1)

Farming, pastureland and agriculture, except animal feeding operations (AFO) and concentrated animal feeding operations, (CAFO), feedlots, stockyards and confinement operations.

(2)

Orchards.

(3)

Keeping or raising of large or small animals or poultry, including structures for storage and processing, and including accessory structures where animals are kept. High volume wholesale commercial slaughtering business is not allowed.

(4)

Single-family detached dwellings, not to exceed four dwellings per farm, which includes manufactured homes.

(5)

Police and fire stations.

(6)

Bed and breakfasts.

(7)

Golf courses and driving ranges; this shall not include separate miniature golf courses and other similar activities operated as a business.

(8)

Nurseries and greenhouses; for growing, propagation or sale of plants, turf, trees and shrubs.

(9)

Veterinarian facilities.

(10)

Riding stables.

(11)

Wineries.

(12)

Public parks, playgrounds and recreational facilities.

(13)

Dog kennels, commercial or noncommercial, provided any commercial open pens, runs, cages, or kennels shall be located at least 200 feet from any lot line.

(14)

Medical marijuana cultivation facilities, as permitted in section 30-118.

(c)

Permitted accessory uses.

(1)

(2)

Agricultural product storage.

(3)

Roadside stands for sale of agricultural products.

(4)

Home occupations, so long as they do not create nuisance, hazardous or dangerous conditions on the property, to adjoining landowners, or impact public health and welfare.

(5)

Home day cares, with five or more unrelated children in a 24-hour period, as permitted in section 30-111.

(6)

Solar energy systems, as permitted in section 30-113.

(7)

Timber harvest.

(8)

Hunting pursuant to state department of conservation guidelines.

(9)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Commercial day care facilities.

(2)

Wind energy conversion systems, as permitted in section 30-113.

(3)

Cemeteries on a minimum of ten acres of land.

(4)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(5)

Short-term use of shipping containers for principal uses, as permitted in section 30-105.

(6)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: 40 feet.

(2)

Minimum district size: 25 acres.

(3)

Maximum density: One unit per five acres.

(4)

Minimum lot width: 200 feet at building setback line.

(5)

Minimum lot area: Ten acres for each single-family detached dwelling; no subdivision is required for such lots.

(6)

Minimum yard requirements: None

(f)

Prohibited uses. Single-family subdivision.

(Code 1990, § 30-311; Ord. No. 5211, art. 2, 7-15-2019)

Sec. 30-56. - RE, Rural Estate Single-Family District.

(a)

Purpose. This district is intended to promote and preserve estate single-family residential development, which is defined as being larger lot sizes with a minimum 1½ acres per lot.

(b)

Permitted principal uses.

(1)

Single-family detached dwelling with only one dwelling per lot.

(2)

Hobby farms; with cattle and horses or other farm-related animals, allowed on a five-acre lot, with one allowed animal per every acre of grazing.

(3)

Cluster subdivisions, as permitted in chapter 25.

(4)

Public parks, playgrounds, and recreational facilities.

(5)

Police and fire stations.

(6)

Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres.

(7)

Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices operated by a neighborhood or community organization or a property owners association.

(8)

Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business.

(c)

Permitted accessory uses.

(1)

Home day cares, with no more than four unrelated children in a 24-hour period, as permitted in section 30-111.

(2)

Private garages, carports and accessory structures, as permitted in section 30-106.

(3)

Guest house, as permitted in section 30-115.

(4)

In home elderly care, with a maximum of three persons, as permitted in section 30-114.

(5)

Home occupations, as permitted in section 30-108.

(6)

Solar energy systems, as permitted in section 30-113.

(7)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Home day cares, with five or more unrelated children in a 24-hour period, as permitted in section 30-111.

(2)

Cemeteries, on a minimum of ten acres of land.

(3)

Wind energy conversion systems, as permitted in section 30-113.

(4)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(5)

Short-term use of shipping containers for principal uses, as permitted in section 30-105.

(6)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Parking requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298.

(f)

Height, area, bulk, and setback regulations.

(1)

Maximum height: 2½ stories not to exceed 35 feet.

(2)

Minimum lot area: 1½ acre lots.

(3)

Maximum density: One unit per 1½ acres. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25.

(4)

Minimum lot width: 200 feet.

(5)

Minimum yard requirements:

Front yard: 50 feet.

Rear yard: 50 feet.

Side yard: 25 feet.

(Code 1990, § 30-321; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-57. - R-1, Single-Family Suburban Residential District.

(a)

Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four units per acre. It is designed to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single-family residential character of the district.

(b)

Permitted principal uses.

(1)

Single-family detached dwelling, with only one dwelling per lot.

(2)

Cluster subdivisions, as permitted in chapter 25.

(3)

Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business.

(4)

Public parks, playgrounds, and recreational facilities.

(5)

Police and fire stations.

(6)

Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land.

(7)

Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association.

(8)

Home for eight or fewer unrelated mentally or physically handicapped persons, including no more than two additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that:

The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and

Such home shall not be located closer than 370 feet to any other such home.

(9)

A private residence licensed by the state division of family services or state department of mental health to provide foster care to one or more, but less than seven, children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met, and an occupancy permit issued therefor.

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

In home elderly care, with a maximum of three persons as permitted in section 30-114.

(3)

Home occupations, as permitted in section 30-108.

(4)

Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111.

(5)

Solar energy systems, as permitted in section 30-113.

(6)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Home day cares, with five or more unrelated children in a 24-hour period, as permitted in section 30-111.

(2)

Libraries, on a minimum of two acres of land.

(3)

Cemeteries, on a minimum of ten acres of land.

(4)

Wind energy conversion systems, as permitted in section 30-113.

(5)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(6)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: 2½ stories not to exceed 35 feet.

(2)

Minimum lot area: 10,000 square feet.

(3)

Maximum density: Four units per one acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25.

(4)

Minimum lot width: 80 feet.

(5)

Minimum yard requirements:

Front yard: 30 feet.

Rear yard: 25 feet.

Side yard: Six feet.

(f)

Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298.

(Code 1990, § 30-322; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-58. - R-2, Single-Family Urban Residential District.

(a)

Purpose. The R-2, Single-Family Urban Residential District is to provide for quality residential neighborhoods that are compact and walkable, to provide public gathering spaces, and to encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood. It is also intended to conserve the residential character of existing neighborhoods in the downtown and existing areas of the city. It is designed to promote the preservation and maintenance of older single-family dwellings, while also allowing a variety of uses and density as was originally intended within the downtown area and other earlier developments within the city. It is to provide a full range of single-family housing choices and to promote a sense of community, urban vitality, and the efficient provision of infrastructure.

(b)

Permitted principal uses.

(1)

Single-family detached dwelling, with only one dwelling per lot.

(2)

Cluster subdivisions, as permitted in chapter 25.

(3)

Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business.

(4)

Public parks, playgrounds, and recreational facilities.

(5)

Police and fire stations.

(6)

Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land.

(7)

(8)

The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and

Such home shall not be located closer than 370 feet to any other such home.

(9)

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

In home elderly care, with a maximum of three persons as permitted in section 30-114.

(3)

Home occupations, as permitted in section 30-108.

(4)

Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111.

(5)

Solar energy systems, as permitted in section 30-113.

(6)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Home day cares, with five or more unrelated children in a 24-hour period, as permitted in section 30-111.

(2)

Libraries, on a minimum of two acres of land.

(3)

Cemeteries, on a minimum of ten acres of land.

(4)

Wind energy conversion systems, as permitted in section 30-113.

(5)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(6)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: 2½ stories not to exceed 35 feet.

(2)

Minimum lot area: 8,000 square feet.

(3)

Maximum density: Five units per one acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25.

(4)

Minimum lot width: 60 feet.

(5)

Minimum yard requirements:

Front yard: 25 feet.

Rear yard: 25 feet.

Side yard: Five feet.

(f)

(Code 1990, § 30-323; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-59. - R-3, High Density Single-Family Residential District.

(a)

Purpose. The R-3 district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district.

(b)

Permitted principal uses.

(1)

Single-family detached dwellings, with only one dwelling per lot.

(2)

Duplexes, two-family dwelling units.

(3)

Townhouses.

(4)

Cluster subdivisions, as permitted in chapter 25.

(5)

Public parks, playgrounds, and recreational facilities.

(6)

Police and fire stations.

(7)

Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land.

(8)

(9)

The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and

Such home shall not be located closer than 370 feet to any other such home.

(10)

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

Home occupations, as permitted in section 30-108.

(3)

Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111.

(4)

In home elderly care, with a maximum of three persons as permitted in section 30-114.

(5)

Solar energy systems, as permitted in section 30-113.

(6)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Home day cares, with five or more unrelated children, as permitted in section 30-111.

(2)

Bed and breakfasts.

(3)

Cemeteries, on a minimum of ten acres of land.

(4)

Transitional housing.

(5)

Wind energy conversion systems, as permitted in section 30-113.

(6)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(7)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback requirements.

(1)

Maximum height:

When side yards are less than 15 feet in width, 2½ stories not to exceed 35 feet.

When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet.

(2)

Minimum lot area:

Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet.

Duplexes: 3,750 square feet per unit.

Single-family: 5,000 square feet.

(3)

Maximum density: Nine units per one acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25.

(4)

Minimum lot width:

Townhouses and duplexes: 20 feet.

All other uses: 30 feet.

(5)

Minimum yard requirements:

Front yard:

Each townhouse: Ten feet.

All other uses: 20 feet.

Rear yard:

Each townhouse: 20 feet.

All other uses: 20 feet.

Side yard:

Townhouses and duplexes: None.

All other uses: Three feet.

(f)

Open space, landscaping and bufferyard requirements. For any nonresidential uses:

(1)

A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and buffer yards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(g)

(Code 1990, § 30-324; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-60. - R-4, Medium Density Multifamily Residential District.

(a)

Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited.

(b)

Permitted principal uses.

(1)

Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions.

(2)

Two-family (duplex) dwellings, excluding new two-family subdivisions.

(3)

Multifamily dwellings.

(4)

Townhouses.

(5)

Cluster subdivisions, as permitted elsewhere in the city Code.

(6)

Nursing homes, senior citizen housing and retirement homes.

(7)

Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association.

(8)

Public parks, playgrounds, and recreational facilities.

(9)

Police and fire stations.

(10)

Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities.

(11)

Commercial day cares.

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

Home occupations, as permitted in section 30-108.

(3)

Solar energy systems, as permitted in section 30-113.

(4)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Bed and breakfasts.

(2)

Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

(3)

Cemeteries, on a minimum of ten acres of land.

(4)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(5)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(6)

Residential treatment facilities.

(7)

Transitional housing.

(8)

Wind energy conversion systems, as permitted in section 30-113.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: Five stories not to exceed 60 feet.

(2)

Minimum lot area:

Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet.

All other uses: 3,750 square feet.

(3)

Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code.

(4)

Minimum lot width:

Each townhouse: 20 feet.

All other uses: None.

(5)

Minimum yard requirements:

Front yard:

Each townhouse: Ten feet.

All other uses: 25 feet.

Rear yard:

Each townhouse: 20 feet.

All other uses: 25 feet.

Side yard:

Each townhouse: None.

All other uses: Five feet.

(6)

Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses.

(7)

Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards.

(f)

Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298.

(Code 1990, § 30-325; Ord. No. 5012, art. 4, 10-2-2017; Ord. No. 5550, art. 1, 6-20-2022; Ord. No. 5635, art. 1, 4-17-2023; Ord. No. 5864, art. 1, 9-15-2025)

Sec. 30-61. - R-5, High Density Multifamily Residential District.

(a)

Purpose. The R-5 district is intended to accommodate multifamily developments at maximum densities of up to 30 units per acre. This district is intended for high density, multifamily development consistent with high intensity use areas. This district is intended for areas that have access for vehicular traffic from collector or arterial streets without traversing minor streets in adjoining residential neighborhoods. New single-family dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development.

(b)

Permitted principal uses.

(1)

Multifamily dwellings.

(2)

Townhouses.

(3)

Cluster subdivisions, as permitted in chapter 25.

(4)

Commercial day cares.

(5)

Police and fire stations.

(6)

Public parks, playgrounds and recreational facilities.

(7)

Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five acres of land.

(8)

Nursing homes, senior citizen housing or retirement homes.

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

Home occupations, as permitted in section 30-108.

(3)

Solar energy systems, as permitted in section 30-113.

(4)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Bed and breakfasts.

(2)

Cemeteries, on a minimum of ten acres of land.

(3)

Transitional housing.

(4)

Wind energy conversion systems, as permitted in section 30-113.

(5)

Residential treatment facilities.

(6)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(7)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback regulations.

(1)

Maximum height: Five stories not to exceed 60 feet.

(2)

Minimum lot area:

Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet.

All other uses: 3,750 square feet.

(3)

Maximum density: 30 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted by chapter 25.

(4)

Minimum lot width:

Each townhouse: 20 feet.

All other uses: None.

(5)

Minimum yard requirements:

Front yard:

Each townhouse: Ten feet.

All other uses: 25 feet.

Rear yard:

Each townhouse: 20 feet.

All other uses: 25 feet.

Side yard:

Each townhouse: None.

All other uses: Five feet.

(6)

Maximum building coverage, including accessory building: 50 percent of the lot for all uses except townhouses.

(f)

Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses:

(1)

A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(g)

(Code 1990, § 30-326; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-62. - RUMD, Residential Urban Mixed Density District.

(a)

Purpose. The RUMD district is intended to provide for moderate density residential development with a mixture of housing styles and densities with a maximum 12 units per acre. These developments are characterized by single-family dwellings along with low to medium density multifamily residential structures, such as duplexes, townhouses or multifamily areas. It provides regulation to encourage innovative forms of housing development. It adapts to both established and developing neighborhoods, as well as being a transition between single-family and multifamily areas. It intends to provide for the stability of the existing residential development located in the areas of the city, while accommodating a range of compatible residential densities. This district should be located convenient to commercial uses and employment centers.

(b)

Permitted principal uses.

(1)

Single-family detached dwellings.

(2)

Duplexes, two-family dwelling units.

(3)

Multifamily dwellings.

(4)

Townhouses.

(5)

Cluster subdivisions, as permitted in chapter 25.

(6)

Noncommercial, not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association.

(7)

Public parks, playgrounds and recreational facilities.

(8)

Police and fire stations.

(9)

Elementary and middle schools or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land.

(10)

The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and

Such home shall not be located closer than 370 feet to any other such home.

(11)

A private resident licensed by the state division of family services or state department of mental health to provide foster care to one or more, but less than seven, children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met, and an occupancy permit is issued therefor.

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

Home occupations, as permitted in section 30-108.

(3)

Home day cares, with no more than four unrelated children in a 24-hour period, as permitted in section 30-111.

(4)

In home elderly care, with a maximum of three persons as permitted in section 30-114.

(5)

Solar energy systems, as permitted in section 30-113.

(6)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Personal service establishments, including, but not limited to, beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices.

(2)

Retail establishments which supply convenience and specialized goods and services, including, but not limited to, groceries, bakery, package liquor, books, candy, dairy products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, newsstands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental.

(3)

Restaurants and bars, excluding drive-in, pick-up, or drive-through facilities.

(4)

Pet grooming with sales of pet grooming products. The following are prohibited: overnight pet stays, the sale or breeding of pets, and kennels.

(5)

Offices.

(6)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(7)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Standards.

(1)

No commercial building footprint shall have a gross floor area greater than 3,500 square feet.

(2)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear of the building and properly screened as required in chapter 25.

(3)

All structures in this district shall be constructed using materials, surfaces, textures, and colors that are compatible with the surrounding residential development. Consideration shall also be given to the scale, orientation and proportion of surrounding development. Design review shall be performed as part of the site plan review.

(4)

Lighting shall be designed to be directed away from any adjacent residential area.

(f)

Height, area, bulk and setback requirements.

(1)

Maximum height:

When side yards are less than 15 feet in width, 2½ stories not to exceed 35 feet.

When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet.

(2)

Minimum lot area:

Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet.

Duplexes: 3,750 square feet per unit.

Single-family: 5,000 square feet.

Multifamily: 3,750 square feet.

(3)

Maximum density: 12 units per one acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25.

(4)

Minimum lot width:

Each townhouse: 20 feet.

Each duplex: 20 feet.

All other uses: 30 feet.

(5)

Minimum yard requirements:

Front yard:

Each townhouse: Ten feet.

All other uses: 20 feet.

Rear yard:

Each townhouse: 20 feet.

All other uses: 20 feet.

Side yard:

Each townhouse: None.

All other uses: Three feet.

(g)

Open space, landscaping and bufferyard requirements.

(1)

A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(h)

(Code 1990, § 30-327; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-63. - RMH, Residential Manufactured Home District.

(a)

Purpose. The RMH district is established to provide for the placement of manufactured homes in manufactured housing communities, at maximum residential densities of eight units per acre. It is intended that such manufactured housing communities shall be so located, designed and improved as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, principal access for vehicular traffic to collector or arterial streets, accessibility to public facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. Certain other residential and supporting uses are also allowed in such district.

(b)

Permitted principal uses.

(1)

Manufactured homes, including manufactured homes, on subdivided individual building lots, with only one home per lot.

(2)

Manufactured homes on rented lots.

(3)

Police and fire stations.

(4)

(c)

Permitted accessory uses.

(1)

Private garages, carports and accessory structures, as permitted in section 30-106.

(2)

One single-family detached dwelling per each manufactured housing community.

(3)

Home day cares, with not more than four unrelated children, as permitted in section 30-111.

(4)

Home occupations, as permitted in section 30-108.

(5)

Solar energy systems, as permitted in section 30-113.

(6)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Additional single-family detached dwellings.

(2)

Wind energy conversion systems, as permitted in section 30-113.

(3)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(4)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, bulk and setback requirements on subdivided individual lots.

(1)

Maximum height: 2½ stories not to exceed 35 feet.

(2)

Minimum lot area: 5,000 square feet.

(3)

Minimum district size: Ten acres.

(4)

Maximum density: Eight units per acre.

(5)

Minimum lot width: 45 feet.

(6)

Minimum lot depth: 75 feet.

(7)

Minimum yard requirements:

Front yard: 25 feet.

Rear yard: 20 feet.

Side yard: Five feet.

(8)

Maximum building coverage, including accessory building: 40 percent.

(9)

Minimum open space: 25 percent of the total lot area shall be devoted to open space, including required yards and bufferyards.

(f)

Height, area, bulk and setback requirements in manufactured housing development (manufactured home park).

(1)

Maximum height: 2½ stories not to exceed 35 feet.

(2)

Minimum lot area: 3,400 square feet.

(3)

Minimum district size: Ten acres.

(4)

Maximum density: Eight units per acre.

(5)

Minimum lot width: 45 feet.

(6)

Minimum lot depth: 75 feet.

(7)

Maximum building coverage, including accessory building: 40 percent.

(g)

Design requirements.

(1)

Subdivided lots and rented lots in a manufactured home park.

A site plan meeting the requirements of chapter 25 shall be submitted and approved.

There shall not be less than 15 feet between manufactured homes or any other buildings, other than accessory structures.

Any improvements necessary on the lot for the support or anchoring of the manufactured home shall be provided prior to occupancy.

The manufactured home shall be in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and state public service commission rules.

A minimum of 24 inches of crawlspace under the entire manufactured home shall be maintained.

The unit shall be served by water, sewage disposal system, and electrical service in accordance with the International Plumbing Code and National Electrical Code.

Storage of maintenance or other equipment incidental to a permitted or special use shall be screened from view in accordance with chapter 25.

Accessory buildings and structures shall meet the requirements of section 30-106.

(2)

Subdivided lots, only.

Manufactured homes on individual subdivided lots shall be permanently installed on a properly designed, enclosed foundation in accordance with the International Building Code (IBC). All wheels, springs, axles, lights and towing apparatus shall be removed.

Permanent steps on subdivided lots shall be set at all external exits with appropriate handrails and/or guardrails.

Parking spaces for each manufactured home shall be provided on each lot, as per chapter 25.

(3)

Rented lots in a manufactured home park, only.

Skirting shall be placed around manufactured homes that are not placed on a permanent foundation. Such skirting shall be similar in appearance to materials used for the siding of the manufactured home to which it is to be attached.

Refuse storage shall be screened from view in accordance with chapter 25.

Two parking spaces for each manufactured home shall be provided on each lot; however, one of these two required parking spaces may be located within 100 feet of the lot served.

(h)

Open space, landscaping and bufferyard requirements.

(1)

A minimum of 25 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in any other zoning district. This bufferyard shall comply with the requirements of chapter 25.

(i)

(Code 1990, § 30-328; Ord. No. 5012, art. 4, 10-2-2017)

Sec. 30-64. - NC, Neighborhood Commercial District.

(a)

Purpose. The NC district is intended to provide small, convenient retail/commercial services and offices that provide convenience goods or personal service primarily to people residing in adjacent residential areas. This district is designed to accommodate compact, commercial uses in residential neighborhoods at intersections or along major streets, or to function as a transition between more intense commercial uses and neighborhoods. Additional requirements for light, air, building design, open space and landscaping are required to alleviate any adverse impact on surrounding neighborhoods.

(b)

Permitted principal uses.

(1)

Commercial day care.

(2)

Personal service establishments, including, but not limited to, beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices, and hearing aid and eye glass shops.

(3)

Police and fire stations.

(4)

Public parks, playgrounds and recreational facilities.

(5)

Residential uses, provided such uses are located above the first floor or behind nonresidential uses so as to promote continuous nonresidential uses on the first floor level along street frontages.

(6)

Restaurants and bars, excluding drive-in, pick-up or drive-through facilities.

(7)

(8)

Pet grooming, with sales of pet grooming products allowed as an accessory use. The following uses are not accessory to this use and are prohibited: overnight pet stays, the sale or breeding of pets, kennels, veterinarian services, runs and outside facilities.

(9)

Finance, insurance and real estate services, including, but not limited to, banks, insurance offices and security brokers. Banks and financial institutions may include automatic teller machines and drive-through facilities with a maximum of two teller stations or lanes.

(c)

Permitted accessory uses.

(1)

Accessory structures and uses customarily incidental to the above uses, including, but not limited to, garages, and dumpster storage facilities as permitted in section 30-106.

(2)

Solar energy systems, as permitted in section 30-113.

(3)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

School and studios for art, dancing, drama, music, photography, interior decorating or similar courses of study.

(2)

Vehicle fueling station, not including service and repair.

(3)

The allowance of additional height, not to exceed 35 feet, as long as additional height does not adversely affect the surrounding neighborhood.

(4)

Wind energy conversion systems, as permitted in section 30-113.

(5)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(6)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(7)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Standards.

(1)

A site plan, meeting the requirements of chapter 25 shall be submitted and approved.

(2)

Buildings shall be designed in individual or small groupings and shall not exceed 16,000 square feet per structure with a maximum footprint of 10,000 square feet, nor exceed two stories in height, except as provided with a special use permit. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(3)

No individual retail store, personal service establishment or other permitted use shall have a gross floor area greater than 5,000 square feet.

(4)

All activities and permitted uses except off-street parking and loading facilities, drive-through facilities, public parks and playgrounds, day care activities, outdoor eating and drinking facilities and outdoor music, shall be conducted entirely within a completely enclosed building.

(5)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear of the building and properly screened as required in chapter 25.

(6)

Streets through adjacent residential areas shall not be used to provide principal access for truck traffic to any nonresidential use in this district except on streets classified as arterials, or collectors.

(7)

All structures in a NC district shall be constructed using materials, surfaces, textures, and colors that are compatible with the surrounding development. Design review shall be performed as part of the site plan review required in chapter 25.

(8)

Lighting shall be designed to be directed away from any adjacent residential area and in accordance with chapter 25.

(f)

Height, area, bulk and setback requirements.

(1)

Maximum height: Two stories not to exceed 25 feet.

(2)

Minimum lot area: None.

(3)

Maximum density: None.

(4)

Maximum floor area: 16,000 square feet.

(5)

Minimum lot width: None.

(6)

Minimum yard requirements:

Front yard: 25 feet.

Rear yard: 20 percent of the lot depth or ten feet, whichever is greater. No more than 25 feet shall be required.

Side yard: None, except where located adjacent to residential uses, then ten feet.

(7)

Maximum building coverage, including accessory buildings: 35 percent of the lot.

(g)

Open space, landscaping and bufferyard requirements.

(1)

A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(h)

(Code 1990, § 30-331; Ord. No. 5012, art. 5, 10-2-2017)

Sec. 30-65. - CBD, Central Business District.

(a)

Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. In order to accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks.

(b)

Permitted principal uses.

(1)

Art galleries or museums.

(2)

Auditoriums or theaters.

(3)

Banks or other financial institutions.

(4)

Banquet facilities.

(5)

Bed and breakfasts.

(6)

Commercial day cares.

(7)

Commercial recreation facilities.

(8)

Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118.

(9)

Funeral homes or mortuaries.

(10)

Governmental facilities.

(11)

Health or fitness centers.

(12)

Hospitals.

(13)

Hotels or motels.

(14)

Institutions of higher education, including universities and business, career, or technology schools.

(15)

Instructional schools for art, dance, music, martial arts, or other disciplines.

(16)

Libraries.

(17)

Meeting halls.

(18)

Microbreweries or microdistilleries.

(19)

Nursing homes.

(20)

Offices.

(21)

Parks, playgrounds, or recreation facilities.

(22)

Personal service establishments.

(23)

Police or fire stations.

(24)

Residential treatment facilities.

(25)

Residential uses, excluding manufactured homes.

(26)

Restaurants or bars.

(27)

Retail or rental establishments.

(28)

Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery.

(29)

Transitional housing.

(30)

Veterinary clinics or animal hospitals, excluding livestock and kennels.

(c)

Permitted accessory uses.

(1)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(2)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(3)

Solar energy systems, as permitted in section 30-113.

(d)

Special uses.

(1)

Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a permitted use in this section.

(2)

Excursion gambling boats or floating gambling facilities.

(3)

Helicopter facilities, in conjunction with a hospital.

(4)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(5)

Marinas or docks.

(6)

Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right.

(7)

Telecommunication towers, as permitted in section 30-107.

(8)

The allowance of additional height up to a total of 60 feet, not to exceed five stories.

(9)

Vehicle fueling, service or repair facilities, excluding body or paint shops.

(10)

Wind energy conversion systems, as permitted in section 30-113.

(e)

Standards.

(1)

All permitted uses shall be conducted entirely indoors except the following.

Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution.

Eating or drinking facilities.

Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code.

Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code.

Parking or loading facilities.

Parks or playgrounds.

Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling.

Public art.

Public recreation facilities.

Shipping containers, as permitted in subsection (c)(2) of this section.

Solar energy systems, as permitted in subsection (c)(3) of this section.

Temporary uses, as permitted in section 30-109.

Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code.

Waste containers, subject to screening provisions as required elsewhere in the city Code.

(2)

Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not:

Disrupt an existing pattern of setbacks along a street,

Disrupt an existing pattern of buildings being oriented toward a street, or

Result in disproportionate height, scale, or massing relative to the surrounding buildings.

(3)

Design standards for exterior alterations and additions to existing buildings.

Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not:

Remove, materially alter, or obscure significant character-defining features such as parapets, cornices, belt courses, corbels, quoins, medallions, mosaics, and patterned brickwork,

Remove, materially alter, or obscure non-storefront wall openings in a manner that disrupts an existing wall opening pattern on a public-facing building elevation,

Reduce or expand non-storefront wall openings to fit replacement windows or doors, except for minor shimming, or

Replace double-sash windows or divided light windows with windows consisting of a single, undivided light.

Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not:

Disrupt an existing pattern of setbacks along a street,

Disrupt an existing pattern of buildings being oriented toward a street, or

Result in disproportionate height, scale, or massing relative to the surrounding buildings.

(4)

CBD design standards approval.

Except as provided for in subsection (e)(5) of this section, CBD design standards approval shall be required for any new building or any exterior alteration or addition to an existing building, excluding signs and ordinary maintenance and repair.

Application for CBD design standards approval shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed administratively in accordance with procedures established by the city manager.

(5)

Certificate of appropriateness.

A certificate of appropriateness shall be required for any of the following:

Demolition in whole or in part of any building, excluding any building demolished by the city pursuant to chapter 7, article XIII of this Code,

Painting of an unpainted surface on the exterior of any building, excluding new construction,

Painting of an exterior wall and the roof, trim, or architectural details attached thereto or contained therein, in the same color, unless such condition already exists, or

Addition or alteration of a mural on the exterior of any building. For the purposes of this section, the term "mural" means any sign or piece of graphic artwork that is painted or applied directly to a wall, roof, or other portion of a building.

Application for a certificate of appropriateness shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed in accordance with the criteria and procedures set forth in section 30-74(j) through (r).

(f)

Height, area, width, density, setback, and open space requirements.

(1)

Maximum height 40 feet, not to exceed three stories.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Maximum density: None.

(5)

Minimum setbacks:

Front yard: None.

Rear yard: None.

Side yard: None.

(6)

Minimum open space: None.

(Ord. No. 5694, art. 1, 11-6-2023; Ord. No. 5831, art. 1, 5-5-2025)

Editor's note— Ord. No. 5694, art. 1, adopted Nov. 6, 2023, repealed the former § 30-65 and enacted a new section as set out herein. The former § 30-65 pertained to similar subject matter and derived from Ord. No. 5607, art. 1, adopted Dec. 19, 2022; and Ord. No. 5615, art. 2, adopted Feb. 6, 2023.

Sec. 30-66. - C-1, General Commercial District.

(a)

Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long-term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit.

(b)

Permitted principal uses.

(1)

Art galleries or museums.

(2)

Banks or other financial institutions.

(3)

Bed and breakfasts.

(4)

Commercial day cares.

(5)

Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing.

(6)

Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118.

(7)

Funeral homes or mortuaries.

(8)

Governmental facilities.

(9)

Health or fitness centers.

(10)

Institutions of higher education, including business, career or technology schools.

(11)

Instructional schools for art, dance, music, martial arts or other disciplines.

(12)

Libraries.

(13)

Microbreweries.

(14)

Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities.

(15)

Nurseries or greenhouses.

(16)

Nursing homes.

(17)

Offices.

(18)

Parks or playgrounds.

(19)

Personal service establishments.

(20)

Pet grooming facilities, excluding kennels.

(21)

Police or fire stations.

(22)

Residential treatment facilities.

(23)

Restaurants or bars.

(24)

Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment.

(25)

Television or radio studios, including any transmitting facilities.

(26)

Transit terminals.

(27)

Veterinary clinics or animal hospitals, excluding livestock.

(28)

Wineries.

(c)

Permitted accessory uses.

(1)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(2)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(3)

Solar energy systems, as permitted in section 30-113.

(d)

Special uses.

(1)

Banquet facilities.

(2)

Hotels or motels.

(3)

Kennels.

(4)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(5)

Meeting halls.

(6)

Mini warehouses or self-storage units.

(7)

Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right.

(8)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(9)

Telecommunication towers, as permitted in section 30-107.

(10)

The allowance of additional height up to a total of 60 feet, not to exceed a total of five stories.

(11)

Transitional housing.

(12)

Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment.

(13)

Vehicle fueling, service or repair facilities, excluding body or paint shops.

(14)

Vehicle washing facilities, including automatic or hand wash.

(15)

Wind energy conversion systems, as permitted in section 30-113.

(e)

Standards.

(1)

All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property.

(2)

Outdoor display of merchandise is prohibited, except as follows: Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-109. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions:

Displays shall not be located in a right-of-way.

Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the city Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager.

Displays shall not impede vehicular or pedestrian access.

Displays shall not alter the structure of any building.

Displays shall not create a health or safety hazard.

Displays shall be well kept and orderly.

Signs may be displayed as permitted elsewhere in the city Code.

The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager.

(3)

Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the city Code.

(f)

Height, area, width, setback and open space requirements.

(1)

Maximum height: 40 feet, not to exceed three stories.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Minimum setbacks:

Front yard: 25 feet.

Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district.

Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district.

(5)

Minimum open space: 15 percent of the lot area.

(Code 1990, § 30-333; Ord. No. 5211, art. 4, 7-15-2019; Ord. No. 5615, art. 3, 2-6-2023)

Sec. 30-67. - C-2, Highway Commercial District.

(a)

Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long-term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit.

(b)

Permitted principal uses.

(1)

Arenas or stadiums.

(2)

Art galleries or museums.

(3)

Auditoriums or theaters.

(4)

Banks or other financial institutions.

(5)

Banquet facilities.

(6)

Bed and breakfasts.

(7)

Commercial day cares.

(8)

Commercial recreation facilities.

(9)

Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118.

(10)

Driving ranges.

(11)

Funeral homes or mortuaries.

(12)

Governmental facilities.

(13)

Health or fitness centers.

(14)

Helicopter landing pads, heliports or other landing areas in relationship with a hospital.

(15)

Hospitals.

(16)

Hotels or motels.

(17)

Institutions of higher education, including business, career or technology schools.

(18)

Instructional schools for art, dance, music, martial arts or other disciplines.

(19)

Kennels.

(20)

Libraries.

(21)

Meeting halls.

(22)

Microbreweries.

(23)

Mini warehouses or self-storage units.

(24)

Nurseries or greenhouses.

(25)

Nursing homes.

(26)

Offices.

(27)

Outdoor storage facilities for recreational vehicles or watercraft.

(28)

Parks or playgrounds.

(29)

Personal service establishments.

(30)

Pet grooming facilities.

(31)

Police or fire stations.

(32)

Residential treatment facilities.

(33)

Restaurants or bars.

(34)

Retail or rental establishments.

(35)

Television or radio studios, including any transmitting facilities.

(36)

Transit terminals.

(37)

Transitional housing.

(38)

Vehicle fueling, service or repair facilities, excluding body or paint shops.

(39)

Vehicle washing facilities, automatic or hand wash.

(40)

Veterinary clinics or animal hospitals.

(41)

Warehouses or distribution centers.

(42)

Wineries.

(c)

Permitted accessory uses.

(1)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(2)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(3)

Solar energy systems, as permitted in section 30-113.

(d)

Special uses.

(1)

Amusement parks.

(2)

Billboards, as permitted elsewhere in the city Code.

(3)

Campgrounds, travel trailer or recreational vehicle parks.

(4)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(5)

Manufactured business units, for office use only.

(6)

Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right.

(7)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(8)

Telecommunication towers, as permitted in section 30-107.

(9)

The allowance of additional height up to a total of 100 feet, not to exceed a total of eight stories.

(10)

Vehicle body or paint shops.

(11)

Wind energy conversion systems, as permitted in section 30-113.

(e)

Standards.

(1)

Outdoor display of merchandise is permitted in accordance with the following provisions:

Displays shall not be located in a right-of-way.

Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the city Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager.

Displays shall not impede vehicular or pedestrian access.

Displays shall not alter the structure of any building.

Displays shall not create a health or safety hazard.

Displays shall be well kept and orderly.

Signs may be displayed as permitted elsewhere in the city Code.

The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager.

(2)

Outdoor service areas and equipment, storage areas, and waste containers shall be located in the rear or side yard and screened as required elsewhere in the city Code.

(f)

Height, area, width, setback and open space requirements.

(1)

Maximum height: 60 feet, not to exceed five stories.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Minimum setbacks:

Front yard: 25 feet.

Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district.

Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district.

(5)

Minimum open space: 15 percent of the lot area.

(Code 1990, § 30-334; Ord. No. 5211, art. 5, 7-15-2019; Ord. No. 5551, art. 1, 6-20-2022; Ord. No. 5615, art. 4, 2-6-2023)

Sec. 30-68. - M-1, Light Manufacturing/Industrial District.

(a)

Purpose. The M-1 district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development.

(b)

Permitted principal uses.

(1)

Light manufacturing facilities.

(2)

Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments.

(3)

Health and fitness centers.

(4)

Cemeteries.

(5)

Commercial day cares.

(6)

Funeral homes and mortuaries.

(7)

Government buildings and uses, including police and fire stations.

(8)

Heavy machinery and equipment sales, rental and service.

(9)

Offices, administrative, business, finance and professional.

(10)

Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges.

(11)

Public service and public utility uses as follows:

Wireless facilities.

Water reservoirs, water standpipes, and elevated and ground-level water storage tanks.

(12)

Industrial schools and business schools.

(13)

Mini warehouses or self-storage units.

(14)

Residential treatment facilities.

(15)

Television and radio studios including any transmitting facilities.

(16)

Veterinary clinics, animal hospitals, and kennels.

(17)

Warehouses, storage and distribution centers.

(18)

Vehicle fueling stations, including service, repair, body and fender repair, and paint shops.

(19)

Recycling centers.

(20)

Marinas or docks.

(21)

Transitional housing.

(22)

Restaurants and bars.

(23)

Retail, including vehicle sales.

(24)

Comprehensive marijuana cultivation facilities, medical marijuana cultivation facilities, or microbusiness wholesale facilities, as permitted in section 30-118.

(25)

Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118.

(26)

Comprehensive marijuana-infused products manufacturing facilities or medical marijuana-infused products manufacturing facilities, as permitted in section 30-118.

(27)

Marijuana testing facilities, as permitted in section 30-118.

(28)

Marijuana transportation facilities, as permitted in section 30-118.

(c)

Permitted accessory uses.

(1)

Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use.

(2)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(3)

Solar energy systems, as permitted in section 30-113.

(4)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Emergency shelters, transitional service shelters for 50 or fewer residents.

(2)

Manufactured business units, for office use only.

(3)

Telecommunication tower, as permitted in section 30-107.

(4)

Excursion gambling boat or floating gambling facility, as permitted in section 30-112.

(5)

Wind energy conversion systems, as permitted in section 30-113.

(6)

Billboards, as permitted in section 25-109.

(7)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(8)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(9)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Standards.

(1)

A site plan, meeting the requirements of chapter 25 shall be submitted and approved.

(2)

All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least 100 feet from any residential zoning district or use.

(3)

No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises.

(4)

Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building.

(5)

Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25.

(f)

Height, area, bulk and setback requirements.

(1)

Maximum height: 40 feet excluding silos, smokestacks, and dust collection systems.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Minimum yard requirements:

Front yard: 25 feet.

Rear yard: 25 feet.

Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten feet on the side of the lot abutting the residential district.

(5)

Maximum building coverage: None.

(g)

Open space, landscaping and bufferyard requirements.

(1)

A minimum of 15 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(h)

Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46.

(Code 1990, § 30-335; Ord. No. 5211, art. 6, 7-15-2019; Ord. No. art. 5, 2-6-2023)

Sec. 30-69. - M-2, Heavy Manufacturing/Industrial District.

(a)

Purpose. The M-2 district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways.

(b)

Permitted principal uses.

(1)

Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids; animal slaughtering, meat packing, or rendering; sulphur plants, rubber reclamation plants, steel mills, foundries or smelters.

(2)

(3)

Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto.

(4)

Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes.

(5)

Central mixing plants for cement, asphalt, or paving material.

(6)

The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least 25 feet from the property line.

(7)

Heavy machinery and equipment sales, rental and service.

(8)

Junk yards, scrap and salvage yards.

(9)

Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum-based coatings or preserving materials.

(10)

Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals.

(11)

Recycling centers.

(12)

Vehicle fueling stations, including service, repair, body and fender repair, and paint shops.

(13)

Wastewater and water treatment facilities.

(14)

Terminals for trucks, buses, rail and watercraft.

(15)

Marinas or docks.

(16)

Comprehensive marijuana cultivation facilities, medical marijuana cultivation facilities, or microbusiness wholesale facilities, as permitted in section 30-118.

(17)

Comprehensive marijuana-infused products manufacturing facilities or medical marijuana-infused products manufacturing facilities, as permitted in section 30-118.

(18)

Marijuana testing facilities, as permitted in section 30-118.

(19)

Marijuana transportation facilities, as permitted in section 30-118.

(c)

Permitted accessory uses.

(1)

Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use.

(2)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(3)

Solar energy systems, as permitted in section 30-113.

(4)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources.

(2)

Jails, prisons or detention facilities.

(3)

Telecommunication tower, as permitted in section 30-107.

(4)

Excursion gambling boat or floating gambling facility, as permitted in section 30-112.

(5)

Wind energy conversion systems, as permitted in section 30-113.

(6)

Billboards, as permitted in section 25-109.

(7)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(8)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(9)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Standards.

(1)

A site plan, meeting the requirements of chapter 25 shall be submitted and approved.

(2)

No junk yard, scrap, or salvage yard shall be located within 500 feet of any residential use.

(3)

Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25.

(f)

Height, area, bulk and setback requirements.

(1)

Maximum height: 40 feet, excluding silos, smokestacks, and dust collection systems.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Minimum yard requirements:

Front yard: 25 feet.

Rear yard: 25 feet.

Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than 20 feet on the side of the lot abutting the residential district or use.

(5)

Maximum building coverage: None.

(g)

Open space, landscaping and bufferyard requirements.

(1)

A minimum of 15 percent of the total lot area shall be devoted to open space, including required yard and bufferyards.

(2)

Landscaping shall be provided as required in chapter 25.

(3)

A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25.

(h)

Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46.

(Code 1990, § 30-336; Ord. No. 5211, art. 7, 7-15-2019; Ord. No. 5615, art. 6, 2-6-2023)

Sec. 30-70. - A-1, Airport District.

(a)

Purpose. The A-1 district is intended for the Cape Girardeau Regional Airport and other properties that are intended for airport-related uses.

(b)

Permitted principal uses.

(1)

Public airports owned and/or operated by a general or special purpose unit of government, to include all air-side support facilities necessary for operation.

(2)

Facilities for general commercial aviation, air charter service, aircraft maintenance, pilot training, and scheduled air passenger and freight services.

(3)

Automobile and aircraft parking and storage facilities.

(4)

Aircraft and aircraft parts repair, construction, reconstruction, or maintenance facilities.

(5)

Offices.

(6)

Warehouses.

(c)

Permitted accessory uses.

(1)

Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.

(2)

Fuel dispensing and storage facilities for vehicles and aircraft.

(3)

Row crop production, subject to applicable Federal Aviation Administration regulations.

(4)

Public parks, playgrounds and recreational facilities.

(5)

Hotels.

(6)

Food service facilities including, but not limited to, restaurants.

(7)

Advertising signs, limited to on-premises signs advertising the name and services of a business located in this district.

(8)

Billboards, as permitted elsewhere in the city Code.

(9)

Signs erected and maintained pursuant to and in the discharge of a governmental function or required by law, ordinance or governmental regulation. In addition, any sign referred to in subsections (c)(6), (7), and (8) of this section must also comply with the rules and regulations of the Cape Girardeau Regional Airport, any applicable state or federal law, and receive prior written approval from the airport manager.

(10)

Short-term use of shipping containers for accessory uses, as permitted in section 30-105.

(d)

Special uses.

(1)

Retail or rental establishments.

(2)

Any use permitted in the M-1, Light Manufacturing/Industrial District or M-2, Heavy Manufacturing/Industrial District not included in section 30-70(b) or (c).

(3)

Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right.

(4)

Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105.

(5)

Long-term use of shipping containers for accessory uses, as permitted in section 30-105.

(e)

Height, area, width, and setback requirements.

(1)

Maximum height: 40 feet, not to exceed three stories except for control towers, which shall have no maximum height.

(2)

Minimum lot area: None.

(3)

Minimum lot width: None.

(4)

Minimum setbacks:

Front yard: 25 feet.

Rear yard: 25 feet.

Side yard: Ten feet.

Setback from an airport runway or apron: as approved by the city manager, subject to applicable Federal Aviation Administration regulations.

(5)

Maximum building coverage: None.

(f)

Open space, landscaping, and bufferyard requirements.

(1)

Minimum open space: None.

(2)

Landscaping and bufferyards shall be provided as required elsewhere in the city Code.

(g)

Height regulations; definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Airport means Cape Girardeau Regional Airport.

Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in subsection (i) of this section. In the airspace plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones mean these zones as set forth in subsection (h) of this section.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height means, for the purpose of determining the height limits in all zones set forth in this section and shown on the airspace plan, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in the airspace plan coincides with the perimeter of the horizontal zone.

Nonconforming use means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section, or any amendment thereto.

Nonprecision instrument runway means 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 nonprecision instrument approach procedure has been approved or planned.

Obstruction means any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in subsection (i) of this section.

Person means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or similar representative of any of them.

Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or precision 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 means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in subsection (h) of this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area of an airport prepared for landing and take-off of aircraft along its length.

Structure means an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces; also, transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

Tree means any object of natural growth.

Utility runway means 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 means a runway intended solely for the operation of aircraft using visual approach procedures.

(h)

Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cape Girardeau Regional Airport. Such zones are shown in the most recent approved airport layout plan which is incorporated into this section and made a part hereof as though fully set out herein. An area located in no more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)

Runway 20 visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach 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.

(2)

Runway 02 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Precision instrument runway 10 approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4)

Runway 28 nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach 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.

(5)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(6)

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated as utility or visual, and 10,000 feet radii for all others measured from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing a line tangent to these arcs. The horizontal zone does not include the approach and transitional zones.

(7)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(i)

Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limits are hereby established for each of the zones in question as follows:

(1)

Runway 20 visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Runway 02 nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(3)

Precision instrument runway 10 approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(4)

Runway 28 nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(5)

Traditional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 342 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(6)

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 492 feet above mean sea level.

(7)

Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(8)

Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure to a height of 30 feet, or growth of any tree to a height of 50 feet, above the surface of the land.

(j)

Use restrictions. Notwithstanding any other provision of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigation signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of the aircraft intending to use the airport.

(k)

Nonconforming uses.

(1)

Regulations not retroactive. The regulations prescribed by this section 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 the ordinance from which this section derives, or otherwise interfere with the continuance of such nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance from which this section derives.

(2)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Cape Girardeau Regional Airport.

(l)

Permits.

(1)

Future uses. Except as specifically provided for in subsections (l)(1)a through c of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the city. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with section 30-30.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section except as set forth in subsection (i)(8) of this section.

(2)

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance from which this section is derived or any amendments thereto, or than it is when the application for the permit is made. Except as indicated, all applications for such a permit shall be granted.

(3)

Nonconforming uses abandoned or destroyed. Whenever the city determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(4)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this section, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be granted where it is duly found that the literal application or strict enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not be contrary to the public interest and will not create a hazard to air navigation facilities and the safe, efficient use of navigable airspace. In addition, such variances shall only be allowed where it is duly found that the relief granted will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application by the time of the board of adjustment review, then the board of adjustment may act on its own to grant or deny said application.

(5)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the Cape Girardeau Regional Airport at its own expense, to install, operate and maintain the necessary markings and lights.

(m)

Enforcement. It shall be the duty of the city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city upon a form published for that purpose. Applications required by this section to be submitted to the city shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the city.

(n)

Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Code 1990, § 30-342; Ord. No. 5012, art. 6, 10-2-2017; Ord. No. 5641, art. 1, 5-15-2023)

Sec. 30-71. - PD, Planned Development District.

(a)

Purpose. The purpose of the PD district is to provide for greater flexibility in the development of land that is not possible to achieve in conventional zoning districts. This district is intended to encourage a more creative and innovative design and to promote a more desirable community. The objectives of the planned development district are:

(1)

Promote site planning that better adapts to site conditions and surrounding properties.

(2)

Allow for a diversity of uses permitted and variation in uses, structures, open space and height of structures.

(3)

Promote the creation of open space areas and the preservation of natural features of a development site.

(4)

Ensure efficient and effective traffic circulation.

Planned development districts can allow for flexibility in terms of density, uses and bulk regulations. These districts should be designed to lessen congestion in the streets, to secure public safety, to promote the health and general welfare of the public, to prevent the overcrowding of land, to preserve natural features, and to facilitate the adequate provision of transportation, water, sewage, schools and parks.

Approval of a PD, Planned Development District shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. All properties receiving this designation shall, for zoning purposes, be identified by the letters "PD" followed by an identifying number. A development plan shall be approved in conjunction with the rezoning of a tract to the PD district. The development plan shall specify both for the project as a whole and for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The city council may include or exclude uses from the development plan, or include uses with attached conditions as appropriate, to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the PD district, the council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with other adopted plans and policies.

(b)

General standards. The approved final development plan shall provide detail regarding density, lot dimensions, maximum height of structures, setbacks, and the provision of off-street parking and loading spaces. No planned development district shall be allowed which would result in:

(1)

Inadequate or unsafe vehicular access;

(2)

An undue burden on public parks, recreation areas, schools, or the provision of other city services;

(3)

Substantial detriment to the surrounding area; or

(4)

Otherwise create substantial adverse impacts on the public health, safety or welfare.

It shall be the responsibility of the applicant for a planned development district to demonstrate that the above factors are avoided or mitigated to a level that is acceptable to the city. Planned development districts are to be used solely for new development of vacant land or the redevelopment of existing commercial or residential uses. Planned development districts are not to be used to obtain approval for uses in existing development that are not permitted under the property's existing zoning district. Standards which vary from those contained in chapter 25 may be approved in a preliminary development plan or final development plan. If approved, these variances would not need approval from the board of adjustment. Any use that requires a special use permit under a property's existing zoning district may be included as a use in the planned development district if it otherwise satisfies the requirement of the special use.

(c)

Minimum district size. The minimum site size for a PD district shall be three acres.

(d)

Application and process. An application for approval of a development plan and PD zoning may be filed by the owner of the property which is the subject of the application. Applications for PD district designation shall be processed pursuant to a three-step review process as specified in this section. The three-step process shall include:

(1)

A sketch plan;

(2)

A preliminary development plan; and

(3)

A final development plan.

(e)

Sketch plan. Prior to filing a preliminary development plan, the applicant shall prepare a sketch plan of the proposed planned development for review by the director of community development, and such other city staff as the director may desire. The director of community development shall coordinate sketch plan review of the proposed planned development. Upon completion of the sketch plan review, the director of community development shall provide the applicant with written comments with respect to the proposed planned development and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PD district.

(f)

Preliminary development plan. The preliminary development plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character, and nature of the entire proposed planned development without becoming involved in the preparation of detailed development plans or engineering drawings. In order to permit the city and the applicant to proceed with some assurance, approval of the preliminary development plan binds the applicant and the city with respect to the following development constraints:

(1)

Categories of uses to be permitted;

(2)

Overall maximum density of residential uses and intensity of nonresidential uses;

(3)

General location of vehicular and pedestrian circulation systems;

(4)

General location and extent of public and private open space;

(5)

General location of residential and nonresidential land uses; and

(6)

Phasing of development.

(g)

Application for preliminary development plan. Upon completion of the sketch plan requirements, an application for a preliminary development plan may be submitted. Five copies of applications for approval of a preliminary development plan shall be submitted to the director of community development. The application for a preliminary development plan shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the director of community development in written rules, but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a preliminary development plan:

(1)

The applicant's name and contact information.

(2)

The names and contact information of all professional consultants advising the applicant with respect to the proposed planned development.

(3)

The legal description of the subject property.

(4)

The names and addresses of all adjacent property owners.

(5)

The zoning district classification and present use of the subject property.

(6)

One or more maps at a scale of not less than one inch to 200 feet delineating the existing physical characteristics of the site, including:

Topography at contours not more than five feet;

Slopes of 15 percent or more;

Property boundary lines and dimensions, available utilities and dimensions, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property;

Watercourse, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water;

A generalized description of vegetation and tree cover;

Marshes and floodplains, including the delineation of the 100-year floodplain, where applicable;

Drainage patterns;

Other physical features that may affect the development of the property.

(7)

A map depicting both the existing development of the subject property and appropriate adjacent property which shows the approximate location of existing streets, property lines, easements, water mains, and storm and sanitary sewers.

(8)

A written statement, with supporting graphics, generally describing: the overall concept of the proposed planned development, the market which it is intended to serve; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to the proposal.

(9)

One or more maps at a scale of not less than one inch to 200 feet and a written description of the proposed planned development describing the following features of the project:

A general land use plan with a description of the type, location, and nature of land use within each area of the development;

A proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements;

A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of stormwater runoff and similar essential services;

A generalized landscape plan for the development, including the buffer and perimeter areas;

A delineation and description of the minimum open space area, including the buffer and perimeter areas;

A description of screening and berming adjacent to existing residential areas; and

A sign plan that coordinates the size, location, and illumination of proposed signage within the development.

(10)

A tabulation of the following information:

The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms for multifamily units;

The approximate total square feet of building floor area proposed for each general type of nonresidential uses;

The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential and nonresidential uses including types of structures, streets, public and private open space, and off-street parking and loading areas; and

The proposed number of off-street parking and loading spaces for each proposed type of land use.

(11)

Construction in phases. If the planned development is proposed for construction in phases, a proposed and tentative schedule for the development of such phases shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space, and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase. All public improvements directly related to each phase shall be completed at the time the phase is developed. Improvements serving the proposed planned development as a whole and any adjoining area in the planned development shall be completed in a sequence assuring full utility of the planned development as a whole and all areas within the planned development. All public improvements shall also be completed so that future public improvements required by any applicable ordinances of the city are not compromised or rendered unduly difficult.

(12)

Traffic impact analysis. A traffic impact analysis indicating the relationship of the proposed development to traffic, road use, and development plans in the immediately surrounding areas.

(h)

Public notice and hearing before the planning and zoning commission. A public hearing on the preliminary development plan shall be set and conducted by the planning and zoning commission within 40 days of the filing of a complete application for approval of a preliminary development plan. At least 15 days' notice of the time and place of a public hearing before the planning and zoning commission shall be published in a newspaper of general circulation in the city. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven days prior to the public hearing. The applicant shall pay the actual costs of all such notifications.

(i)

Action by the planning and zoning commission. Within 40 days following the conclusion of the public hearing, unless a delay is requested by the applicant, the planning and zoning commission shall transmit to the city council its recommendation that the preliminary development plan either be approved, be approved subject to modifications, or not be approved. In considering the preliminary development plan and formulating its recommendation, the planning and zoning commission shall be guided by the standards set forth in this section. The failure of the planning and zoning commission to act within 40 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the denial of the preliminary development plan as submitted.

(j)

Public notice and hearing before the city council. A public hearing on the preliminary development plan shall be set and conducted by the city council within 30 days of action or failure to act by the planning and zoning commission in accordance with the provisions of this section. At least 15 days' notice of the time and place of a public hearing before the city council shall be published in a newspaper of general circulation in the city. Additionally, a notice of the public hearing shall be posted on the subject property and letters to all adjacent property owners shall be mailed at least seven days prior to the public hearing. The applicant shall pay the actual costs of all such notifications.

(k)

Action by the city council. Within 30 days following the conclusion of the public hearing, unless a delay is requested by the applicant, the city council shall either refuse to approve the preliminary development plan; shall refer it back to the planning and zoning commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicant as a condition of such approval; provided, however, that if such plan is approved with modifications, no application for approval of a final development plan shall be filed or considered until the applicant has filed with the director of community development his written consent to such modifications. In the event the city council shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed finally denied.

(l)

Effect of preliminary development plan approval. Unless the applicant shall fail to meet time schedules for filing a final development plan, or shall fail to proceed with development in accordance with the plans as approved, or shall in any other manner fail to comply with any condition of this section or any approval granted pursuant to it, a preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the city without the consent of the applicant.

(m)

Land uses. Billboards and telecommunication towers may be approved in planned developments that contain commercial uses consistent with the permitted uses in the C-2, M-1 or M-2 districts. Any proposed billboard or telecommunication tower must be located within the commercial portion of the planned development with a minimum distance of 100 feet from any residential use within the planned development or residential use or district adjacent to the planned development. Additionally, any billboard proposed in a planned development must meet the standards contained in section 25-109. Any telecommunication tower proposed in a planned development must meet the standards contained in section 30-107.

(n)

Density.

(1)

For nonresidential development, the intensity of development may be regulated:

By specifying a floor area ratio (FAR) or ratios;

By specifying maximum square footage or gross leasable area;

By specifying setbacks, height and bulk restrictions; or

By a combination of the restrictions set out in subsection (n)(1)a, b or c of this section for the project as a whole or for components or subareas within the project. In addition, nonresidential preliminary development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other nonresidential activities. In making its determination regarding the intensity of development and appropriate performance standards, the city council may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, and the real or anticipated impact on public facilities and services.

(2)

The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The preliminary development plan shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the city council may consider the compatibility of residential densities with other uses within the district as well as outside the district and the impact of residential densities on public facilities and services.

(o)

Bulk, area and height requirements. The preliminary development plan shall specify bulk, area, and height restrictions for the project as a whole, for subareas, and for components of the project. In making its determination regarding such restrictions, the council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal.

(p)

Open space. Common open space shall comprise at least 20 percent of the gross area of the total development. Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development. Of the required common open space, up to one-half of it may be covered by water, floodplain, stormwater detention/retention facilities, or left in a natural state which does not violate the nuisance provisions of the city code. To the extent practicable, common open spaces shall be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be relegated to only isolated areas of unusable land, but shall be highly accessible, either physically or visually, to the majority of the residents of the development. Common open space shall be maintained by a property owners association or may be conveyed to a public entity which will agree to maintain the common open space and facilities, subject to city council approval.

(q)

Perimeter buffer requirements. Where a PD district is adjacent to an existing residential area or an area zoned for residential uses, there shall be a minimum 30-foot-wide bufferyard, which shall be free of structures or parking areas and shall be landscaped with trees and shrubs or preserved with natural features so that the PD district is visually obscured from the abutting residential properties. All landscaping shall be maintained in a healthy, neat and weed-free growing condition.

(r)

Public facilities. The preliminary development plan shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding such conditions, restrictions and standards, the city council may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and planned facilities, and the overall cost to the community.

(s)

Access to public thoroughfares. The preliminary development plan shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The city council may impose such access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to ensure the safe and efficient circulation of vehicles and pedestrians within the PD district. In making its determination regarding such access standards and restrictions, the city council may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns, and the consistency with other adopted plans and policies.

(t)

Final development plan; purpose. The final development plan is intended to provide more detail, and to refine and implement the preliminary development plan. A final development plan may be submitted for the entire planned development or in phases as approved in the preliminary development plan. When approving the preliminary development plan, the city council may permit review and approval of the final development plan in its entirety or for specified portions of the project by the planning and zoning commission.

(1)

Application. Upon approval of the preliminary development plan, the applicant shall submit an application for final development plan approval to the director of community development. The application for final development plan may include the entire area included in the approved preliminary development plan or one or more stages or phases thereof in accordance with a staging plan approved as part of the preliminary development plan. The application shall contain a plan which refines, implements and is in substantial conformity with the approved preliminary development plan, and shall contain such information and documentation as shall be prescribed from time to time by the planning and zoning commission, but it shall, in all instances, contain at least the following information and documentation, which information and documentation, taken together, shall constitute a final development plan:

The applicant's name and contact information.

A legal description of the property for which final development plan approval is sought.

The date on which preliminary development plan approval was granted.

A preliminary plat of subdivision that includes a survey certified by a registered land surveyor.

A tabulation of the following information with respect to the area included in the final development plan:

The total number of dwelling units proposed, by type of structure and number of bedrooms for multifamily units;

The total square feet of building floor area proposed for each general type of nonresidential use;

The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses and nonresidential uses, including types of structures; public and private open space; streets, and off-street parking and loading areas; and

The proposed number of off-street parking and loading spaces for each proposed type of land use.

A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD district, including materials and techniques to be used; and a statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used.

When the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws, or other establishing and governing documents, of such entity shall be submitted.

Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan.

Utility plans, indicating placement and sizes of all public utilities, as appropriate.

A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.

Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development, and proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility.

Such other and further information as the planning and zoning commission and city council shall find necessary for full consideration of the entire proposed planned development or any stage or unit thereof.

(2)

Substantial conformity defined. A final development plan shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

Increases by more than five percent from the maximum density approved in the preliminary development plan.

Increases by more than five percent the maximum floor area to be devoted to any nonresidential use.

Increases the height of buildings by more than five percent.

Decreases by more than five percent the area approved for public and private open space or changes the general location of such areas.

Relocates approved circulation patterns to any extent that would decrease the ability of such patterns to function efficiently, adversely affect their relation to surrounding lands and circulation patterns or would reduce their effectiveness as buffers or amenities.

Significantly alters the arrangement of land uses within the planned development.

Violates any provision of the codes and ordinances applicable to the proposed planned development.

Departs from the preliminary development plan in any other manner which the planning and zoning commission or city council shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed planned development.

(3)

Action by planning and zoning commission. Within 40 days following the submission of a complete application for the final development plan, or such longer period as may be agreed to by the applicant, the planning and zoning commission shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan, and with the provisions of this section and all other applicable federal, state and city codes, ordinances and regulations.

If the planning and zoning commission finds that there is substantial conformity between such plans and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, and with the provisions of this section and all other applicable federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Planning and zoning commission action shall constitute final approval of the final development plan.

If the planning and zoning commission shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the city council together with its recommendation that the final development plan be approved.

In any case where the planning and zoning commission finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit such plan to the city council, together with its recommendation that the final development plan not be approved. The failure of the commission to act within the aforesaid time period shall be deemed a recommendation to the city council to deny the final development plan as submitted.

(4)

Action by city council. Within 45 days, or such longer period as may be agreed to by the applicant, following the action of the planning and zoning commission, or its failure to act as provided, the city council shall either refuse to approve the final development plan, shall refer it back to the planning and zoning commission for further consideration of specified matters, or shall, by ordinance duly adopted, approve the final development plan, with or without modifications, to be accepted by the applicant as a condition of such approval. The failure of the city council to act within the aforesaid time period shall be deemed a final denial of the final development plan approval.

(u)

Notice and recording of final development plan. Within seven days following the final disposition of an application for final development plan approval, the secretary of the planning and zoning commission shall mail notice thereof to the applicant and to all city officials, departments, boards and commissions whose duties might be affected by such disposition. When a final development plan is approved, the secretary shall, within ten days of its approval, file a copy of the entire final development plan in the permanent records of the planning and zoning commission.

(v)

Building and other permits. Upon, but not before, receiving notice from the secretary of the planning and zoning commission that the final development plan has been approved, and upon application by the applicant, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final development plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the city have been met which are applicable to the permit sought.

(w)

Adjustments to plan during development. During the construction of a planned development, the director of community development may authorize minor adjustments to the final development plan which are within substantial conformity of the final development plan, as defined in subsection (t)(2) of this section.

(x)

Amendments to final development plan. In addition to the minor adjustments authorized in the preceding section, an approved final development plan may be amended, varied or altered in the same manner, and subject to the same limitations, as any other regulation established by this section. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this section for its original approval.

(y)

Compliance with final development plan. The construction and operation of a planned development shall be in compliance with the approved final development plan at all times.

(Code 1990, § 30-341; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4206, art. 27, 3-7-2011)

Sec. 30-72. - CX, Adult Entertainment Overlay District.

(a)

Purpose. The CX overlay district is intended for the use of adult entertainment uses.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult means persons who have attained the age of at least 18 years.

Adult bookstore means an establishment or business having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas and limited in sale of such sexual materials to adults.

Adult motion picture theater means an enclosed building with a capacity of two or more persons used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Area zoned for residential use means an area which is defined as district AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5, RMH, RUMD, CBD or NC.

Artist-body painting studio means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude.

Bath house means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state.

Church means a facility for religious use.

Massage shop means an establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, professional physical therapist or massage therapist licensed by the state.

Modeling studio means an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

Overlay zone means a zone having boundaries conterminous with or circumscribed by an existing district, which imposes additional limitations or authorizes additional uses otherwise not required or permitted in the district.

Owning property means for the purpose of this section, a present freehold or non-freehold interest in real property.

School means for the purpose of this section, a public elementary, secondary, or high school, or university or college; and private schools with curricula equivalent to that of public elementary, secondary or high schools, or universities or colleges.

Specified anatomical areas means:

(1)

Less than completely or opaquely covered:

Human genitals, pubic region.

Buttocks.

Female breast area below a point immediately above the top of the areola.

(2)

Human male genitals in a discernible turgid state even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(c)

Uses regulated. Adult bookstores, adult motion picture theaters, bathhouses, massage shops, modeling studios and artists-body painting studios, as herein defined, shall be located only in the CX district, as established by this section. Such districts are overlay zones and may only be established by the city council in district C1, C2, M1 or M2.

(d)

One thousand-foot distance limitation waiver.

(1)

No adult bookstore, adult motion picture theater, bathhouse, massage shop, modeling studio or artists-body painting studio, shall be established within 1,000 feet of any church, school or area zoned for residential use.

(2)

No more than two of the uses regulated by this section may be located within 1,000 feet of each other.

(3)

The distance limitations set forth in subsections (c)(1) and (2) of this section may be waived if the person applying for the waiver shall file with the city planning and zoning commission a petition which indicates approval of the proposed regulated use by 51 percent of the persons residing on or owning property within a radius of 1,000 feet of the location of the proposed use. The city planning and zoning commission shall adopt rules and regulations governing the procedure for the securing of the petition of consent provided for in this subsection. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the city planning and zoning commission and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon. The city planning and zoning commission shall not consider the waiver of locational requirements set forth hereinabove until the above-described petition shall have been filed and verified.

(e)

Public decency and morals ordinance not repealed. No provision of this section shall be construed to repeal or amend any other ordinance of the city dealing with obscenity, pornography, lewdness, or any other ordinance relating to morals, or any part thereof.

(Code 1990, § 30-353; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4206, art. 30, 3-7-2011)

Sec. 30-73. - DCC, Downtown Commercial Corridor Overlay District.

(a)

Purpose. This overlay district is designed to preserve the commercial integrity of major corridors in the downtown area. While this district permits residential uses on upper floors of buildings, or in the rear areas of the street level of buildings, commercial and retail uses on the street level storefronts promote the commercial integrity of these major corridors.

(b)

Permitted uses. Residential uses, on upper floors only and rear of street level of buildings only.

(c)

Special uses. First floor residential street frontage may be permitted in new construction and redevelopment projects.

(Code 1990, § 30-355; Ord. No. 4206, art. 31, 3-7-2011)

Sec. 30-74. - H, Historic Overlay District.

(a)

Purpose. The purpose of the H district is to identify and provide an avenue to designate local historic landmarks, and local historic districts. It is intended to help protect, preserve and enhance places, districts, sites, buildings and other features having a special historical, architectural, cultural or aesthetic value. The H district is further intended to:

(1)

Stimulate revitalization and preservation of the residential, civic and business areas;

(2)

Promote economic progress through heritage tourism;

(3)

Provide for and encourage the designation, protection, preservation, rehabilitation and restoration of historic districts and properties;

(4)

Facilitate the city's efforts to participate in federal or state historic preservation programs;

(5)

Protect, enhance and perpetuate such buildings, structures or land improvements and landmarks which represent or reflect elements of the city's cultural, social, economic, political and architectural history;

(6)

Safeguard the city's historic, aesthetic and cultural heritage as reflected in such buildings, sites, structures or land improvements and landmarks;

(7)

Provide a mechanism to identify and preserve the distinctive archaeological, historical and architectural characteristics of the city which represent elements of the city's cultural, social, economic, political and architectural history;

(8)

Foster civic pride in the beauty and noble accomplishments of the past, as represented in the city landmarks and historic districts;

(9)

Conserve and improve the value of property or areas designated as landmarks or within historic districts;

(10)

Protect and enhance the attractiveness of the city to home buyers, tourists, visitors and shoppers; and thereby supporting and promoting business, commerce, industry and providing economic benefit to the city;

(11)

Foster and encourage preservation, restoration and rehabilitation of structures, areas, and neighborhoods;

(12)

Provide economic development by preserving and enhancing the environmental quality and property values of neighborhoods and the community at-large;

(13)

Promote the use of historic landmarks for the education, pleasure, and welfare of the people; and

(14)

Provide economic benefits to encourage business and residential owners to locate and invest in historically significant structures.

The H district is an overlay zoning classification that establishes additional restrictions and standards on those uses permitted by the underlying zoning district. In the event of conflict between the overlay zoning district regulations and the regulations of the underlying zoning district, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply.

(b)

Nomination of local landmark or historic district.

(1)

General. A nomination for designation as a historic district shall be submitted to the historic preservation commission and may be initiated by a petition duly signed and acknowledged by the owners of 51 percent or more of the areas of land within the boundaries of the proposed overlay district, provided that it includes at least 51 percent of the owners of record of the subject properties. A nomination for designation as a landmark may be initiated by a petition duly signed and acknowledged by all of the owners of record of the subject property. A nomination of a landmark or district shall be considered an application to amend the official zoning map of the city and thereby shall be reviewed under the provisions of this chapter. The historic preservation commission shall review the application and make a recommendation to the planning and zoning commission and the city council based upon the nomination criteria.

(2)

Declaration of eligibility. The historic preservation commission may, through its surveys and research, identify architecturally significant properties, areas, landmarks and structures and notify property owners of their eligibility for nomination as a landmark or district. The commission shall maintain a register of significant undesignated properties and distribute the register to appropriate agencies and bodies.

(3)

Legal description. A legal description of the subject property proposed to be designated as a landmark or historic district shall be included with the nomination.

(c)

Criteria for nomination. Upon receipt of a nomination application, the historic preservation commission shall review the supporting evidence and determine if the property, area, or structure has sufficient integrity of context, design, materials, and workmanship to make it suitable for preservation, restoration, or rehabilitation, and one or more of the following criteria shall be met:

(1)

It has character, interest or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country;

(2)

It is a site of a significant local, county, state, or national event;

(3)

It is identified with a person who contributed significantly to the development of the community, county, state or country;

(4)

It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials;

(5)

It is identified as the work of a master builder, designer, architect or landscape architect, whose individual work has influenced the development of the community, county, state or country;

(6)

It embodies elements of design, detailing, materials, or craftsmanship which renders it architecturally significant;

(7)

It embodies design elements that make it structurally or architecturally innovative;

(8)

It has a location or singular physical characteristics that make it an established or familiar visual feature; or

(9)

It has character of a particularly fine or unique example of a utilitarian structure, including, but not limited to, barns, vehicle fueling stations, or other commercial structures, with a high level of integrity or architectural significance.

(d)

Procedure for nomination.

(1)

Notification of nomination and public hearing. The historic preservation commission shall schedule and hold a meeting on the nomination as to whether or not a nominated landmark or historic district meets the criteria for designation. The meeting shall be scheduled, held and conducted as a public hearing in the same manner as other hearings to consider applications for zoning map amendments or ordinance amendments and to receive the viewpoints of affected property owners, residents and other interested citizens. Notice of the date, time, place and purpose of the hearing and a copy of the completed nomination form shall be sent by regular mail to the owners of record and to the nominators. Notice of the public hearing shall also be listed on the commission's agenda for the date specified.

(2)

Timely determination.

Within 60 days of the conclusion of the public hearing, the historic preservation commission shall make a recommendation as to whether or not the nominated landmark or historic district meets the criteria for designation in subsection (c) of this section. Such recommendation may be for approval, disapproval or approval, in part and, together with a report shall contain the following information:

Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.

Explanation of the integrity or lack of integrity of the nominated landmark or historic district.

In the case of a nominated landmark or historic district found to meet the criteria for designation:

(i)

The significant exterior architectural features of the nominated landmark that should be protected;

(ii)

The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit that should be reviewed for a certificate of appropriateness.

A review of proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.

A map showing the location of the nominated landmark or the boundaries of the nominated historic district.

The recommendation and report of the historic preservation commission shall be sent to the city council and planning and zoning commission within seven days following the vote on the resolution and shall be available to the public at the offices of the division of planning services.

(3)

Action by planning and zoning commission.

Upon receipt of the historic preservation commission's recommendation and report, the planning and zoning commission shall review each proposed landmark or historic district for historic zoning designation. Within 30 days of the planning and zoning commission's review it shall make a recommendation with respect to the proposed "H" designation. The recommendation, together with a record of the proceedings, shall be forwarded to the city council.

An H historic zoning designation shall be regarded as a supplemental zoning designation and shall not affect in any way the underlying zoning designation, as provided in other articles of this chapter. The existing zoning standards for each district are set forth and shall be complied with unless such standards conflict with the provisions of the ordinance designating such landmark or historic district and in the event of a conflict, provisions of the historic district ordinance shall prevail. A landmark or historic district shall be designated with an H affixed to the current zoning district acronym and illustrated as such on the official zoning district map.

(4)

Notification of determination. Notice of the determination by the historic preservation commission, including a copy of the report, shall be sent to the owners of record of a nominated landmark, and owners of all property within a nominated historic district, and to the nominator within 30 days following a determination of the historic preservation commission as to whether or not the nominated landmark or historic district meets the criteria for designation.

(5)

Action by the city council.

Upon receipt of a recommendation from the planning and zoning commission, the city council shall proceed in the normal manner provided for zoning ordinance and map amendments, as set forth in section 30-32. Said procedure shall include a public hearing with notice as specified in section 30-32. Notice of the hearing shall also be provided in the manner specified in subsection (d)(4) of this section.

After the public hearing, the city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the owners of record of the nominated landmark or to all property owners within a nominated historic district. The notice shall include a copy of the designation ordinance passed by the city council and shall be sent within 30 days of the city council action. A copy of each designating ordinance shall be sent to the historic preservation commission, the city planning and zoning commission, and the division of planning services. If designated, the landmark or historic district shall receive the supplemental classification H for historic structure or district, and the designating ordinance shall prescribe the significant architectural, historical or archaeological features that qualify the landmark for designation. A copy of the designating ordinance shall also be recorded with the county recorder of deeds.

(e)

Interim control over nominated properties. No building permits shall be issued by the city for alteration, construction, demolition, or relocation of a nominated landmark or any property or structure within a nominated historic district from the date of publication of the public hearing by the historic preservation commission at which the nomination is first presented for consideration until the final disposition of the nomination by the city council, unless such alteration, construction, demolition or removal is authorized by resolution of the city council, as necessary for the health, safety or welfare of the public. In no event, however, shall the delay be for more than 180 days.

(f)

Amendment or rescission of designation. A designation may only be amended or rescinded by petition to the city council in compliance with the same procedure and according to the same criteria set forth herein for designation.

(g)

Purpose for a certificate of appropriateness. A certificate of appropriateness is intended to provide for review and approval of any work to be undertaken on structures within the historic overlay zoning district or on designated local landmarks in order to ensure compliance with the city's design guidelines as based on the Secretary of the Interior's standards for historic preservation. This permit is not intended to disrupt or discourage investment in historic properties but is intended to promote and encourage use of these established standards and guidelines for the rehabilitation, preservation, adaptive reuse, and restoration of historic resources and neighborhoods.

(h)

Certificate of appropriateness; applicability. All properties within a historic overlay district or any property designated as a local landmark shall be subject to the provisions of this article. No application for a building permit or demolition permit for any action in a historic district shall be approved until the city council, historic preservation commission, or its designee has issued a certificate of appropriateness. A certificate of appropriateness shall be required before one or more of the following actions affecting the exterior architectural appearance of any landmark or property within a historic overlay zoning district may be undertaken:

(1)

Any construction, repair, alteration, or removal affecting exterior architectural features;

(2)

Demolition in whole or in part of any structure; or

(3)

Any construction, repair, alteration, removal, or demolition, in whole or in part, proposed by the city or any of its agencies or departments affecting a significant exterior architectural feature or features, or an archaeological site.

(i)

Certificate of appropriateness; applications. Applications for a certificate of appropriateness shall include the following information:

(1)

Photographs of the existing conditions;

(2)

Scaled drawings of proposed changes;

(3)

List of proposed materials with dimensions;

(4)

As necessary for review, manufacturer's literatures, material samples, site map and a structural report; and

(5)

Any other information deemed necessary to conduct a thorough analysis of the application.

(j)

Certificate of appropriateness; approval criteria. A certificate of appropriateness shall not be approved unless the applicant presents clear and convincing evidence that the application meets the following criteria, adapted from the Secretary of the Interior's Standards for Rehabilitation. The criteria are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

(1)

Every reasonable effort shall be made to provide that a property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and special relationships.

(2)

The historic character of a property will be retained and preserved. The removal of distinctive materials or alterations of features, shapes, and relationships that characterize a property will be avoided when possible.

(3)

Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will be discouraged.

(4)

Changes to a property that have acquired historic significance in their own right will be recognized and respected.

(5)

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be treated with sensitivity.

(6)

Deteriorated historic features will be repaired, rather than replaced whenever possible. Where the severity of deterioration requires replacement of a distinctive feature, the new features should match the old in design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

(7)

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

(8)

Every reasonable effort shall be made to provide that archeological resources will be protected and preserved in place. If these resources must be disturbed, mitigation measures will be undertaken.

(9)

Whenever possible, new additions, exterior alterations or related new construction shall be done in such a manner that they will not destroy historic materials, features, and special relationships that characterize the property. Any new work should be differentiated from the old and be compatible with the historic materials, features, size, proportion, and massing to protect the integrity of the property and its environment.

(10)

Whenever possible, new additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired.

(11)

In conducting a review, the historic preservation commission may consider economic hardship and other factors that may affect an owner's ability to undertake and complete rehabilitation or other work under consideration.

(k)

Certificate of appropriateness; review procedure. All applications for a certificate of appropriateness shall be reviewed and considered within 60 days of the filing of the application. Determinations will be based on the approval criteria set forth in this article and generally accepted preservation policies as determined and set forth by the historic preservation commission.

(1)

Applications for a certificate of appropriateness shall be reviewed by the historic preservation commission and formal action shall be taken by majority vote. The historic preservation commission may delegate the review and approval or denial of a certificate of appropriateness application to the city manager or his designee where the application is limited to one or more of the following:

Exterior changes to a building or structure arising from an emergency situation that requires immediate attention. Examples include repairs due to a storm, tornado, earthquake, flood, fire, act of vandalism, etc., where the interior of the building or structure is exposed to the weather, and there is a change in material, color, texture, finish, or other characteristic.

Temporary signs.

Approval of such applications may only be granted if the proposed work is in compliance with the city Code. The historic preservation commission shall be notified of any applications approved or denied.

(2)

Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant following the determination.

(3)

Upon the approval of an application, the planning services office may, if all other applicable requirements are met, issue a certificate. The certificate may specify any conditions of approval under which the work shall be completed to be in compliance with the approved application.

(4)

Upon the denial of an application, a statement of the reasons for denial shall accompany the written notice. The historic preservation commission shall make recommendations to the applicant concerning changes, if any, in the proposed action, which would cause the historic preservation commission to reconsider its denial. The applicant may submit an amended or revised application that takes into consideration the recommendations.

(l)

Certificate of appropriateness; demolition.

(1)

Demolition, in whole or in part, of individual landmarks or any primary structure within a historic district is not permitted unless a certificate of appropriateness has been obtained for that purpose. Deterioration caused by neglect or lack of routine maintenance by the existing owner does not provide grounds for the approval of demolition. Grounds for approving a certificate of appropriateness for demolition include, but are not limited to, the following:

The structure has been substantially damaged through fire, deterioration, or natural disaster;

The structure does not possess the integrity, originality, craftsmanship, and age to merit preservation; and

There is substantial evidence that it would not be physically or economically viable to rehabilitate the structure.

(2)

For applications for demolition, the city should provide notice of the proposed demolition to surrounding property owners, as outlined in section 30-32(h), and post a sign on the affected property indicating the proposed demolition. In cases of demolition, the owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the historic preservation commission or city staff.

(3)

Applications for demolition of a landmark or primary structure shall be reviewed by the historic preservation commission and forwarded to the city council with a recommendation. The city council shall take formal action on the application. Approval shall be made by resolution of the city council.

(m)

Certificate of appropriateness; appeal procedure. An appeal of the denial of a certificate of appropriateness shall be filed with the division of planning services within 30 days of the date of denial. The appeal of a denial by the historic preservation commission shall be reviewed by the planning and zoning commission. The planning and zoning commission must render a decision within 60 days of the filing of the appeal or the appeal shall be deemed to have been denied. It shall require a favorable vote by a majority of the members of the planning and zoning commission present at the meeting to overturn the decision of the historic preservation commission. The appeal of a denial by the city manager or his designee shall be reviewed by the historic preservation commission. The decision of the historic preservation commission to uphold or overturn an appeal shall not be further appealed to the planning and zoning commission.

(n)

Certificate of appropriateness; hardship appeal procedure.

(1)

If an appeal of the denial of a certificate of appropriateness is based solely upon hardship, proof of hardship shall be the burden of the property owner.

(2)

Reversal of a certificate of appropriateness denial based solely upon hardship shall not be approved unless the applicant presents clear and convincing evidence that may include the following criteria:

Any deterioration or damage cited to establish hardship shall not be due to the present owner's willful act, neglect or inattention to maintenance and repairs. Evidence showing that the owner or applicant failed to maintain or protect the property, or performed or permitted any acts to the detriment of the property, may be used as a basis to reject allegations of hardship;

For income-producing property, a reasonable rate of return cannot be obtained from the property if it retains its historic features or structures in either its present condition or if its features or structures are rehabilitated; or

For non-income-producing property, the property has no beneficial use in its present condition or if rehabilitated.

(o)

Certificate of appropriateness; stop work order.

(1)

The director shall monitor all projects that require a certificate of appropriateness to ensure compliance with the terms and conditions of a certificate of appropriateness, building permit or demolition permit. Where a project fails to comply with any part of a certificate of appropriateness or the provisions of this article, it shall be considered a violation of this Code, and the director may issue a stop work order in writing which states the violation and a deadline by which to rectify the violation. If the project fails to meet this deadline for compliance, a second stop work order may be issued in writing and delivered by certified mail, which shall set forth the terms of compliance and the penalties for violation of this article.

(2)

Whenever the director has reason to believe that an action for which a certificate of appropriateness would be required has been initiated or is about to be initiated, he shall make every reasonable effort to contact the owners, occupants, contractor, or subcontractor and inform them of the application process. If a stop work order is determined to be necessary to halt an action that requires a certificate of appropriateness, a copy of the stop work order shall be delivered to the owners, occupants, contractors, or subcontractors. A copy of the application form shall also be included with the stop work order.

(p)

Certificate of appropriateness; lapse in work. Approval of any certificate of appropriateness shall be effective for a period of 180 days, at the end of which time a building permit, if required, shall have been issued for the actions so authorized. In the event that a required building permit has not been issued within 180 days or at such time work is suspended or abandoned for a period exceeding 180 days, the certificate of appropriateness shall be null and void, and the applicant shall be required to submit a new certificate of appropriateness application.

(q)

Fees and penalties. The city council shall establish an appropriate system for processing fees for the review of nominations and certificates of appropriateness.

(1)

It shall be unlawful for any person or entity to undertake or cause an alteration, construction, demolition or removal of any nominated or designated landmark or property within a nominated or designated historic district without a certificate of appropriateness. Any person or entity convicted of violating the provisions of this section shall be subject to the penalties set forth in section 30-31.

(2)

It shall be unlawful not to maintain designated property or landmarks, or property within a designated historic district within the minimum maintenance requirements of subsection (t) of this section.

(r)

District H, design guidelines. In addition to the criteria for approval of a certificate of appropriateness as set forth in this article, the following design guidelines may be used, in conjunction with design guidelines and policies adopted by the historic preservation commission in considering an application for a certificate of appropriateness and can serve as the basis for conditions of approval. These guidelines are based on accepted practices for historic preservation and are not intended to inhibit change, new construction, new architectural styles, or new technologies when these changes complement the existing buildings and streetscapes. Design review decisions shall be based on the same set of design guidelines for all properties designated by the H district; however, structures possessing a greater degree of integrity, originality, craftsmanship and historic significance may have the guidelines more stringently applied than those with lesser significance as determined by the historic preservation commission. These guidelines may be applied for all alterations, construction, demolition, or repairs affecting the exterior appearance of the property.

(1)

New buildings and additions to existing buildings. New buildings should be compatible with the architecture of the district. Scale, placement on lots and street setback must conform to the scale, placement and setback of adjacent structures, especially in the context of rows of buildings and streetscapes. Styles of architecture will be controlled only to ensure that their exterior design, materials, and color are in harmony with neighboring structures.

(2)

Alterations. Alterations should restore a structure's original elements, materials, and appearance, if economically or physically feasible. Alterations affecting the exterior of a structure should preserve all significant original exterior elements, including building materials, doors, windows, and decorative elements. Elements that are not original, but which may have acquired significance by virtue of age or craftsmanship, should also be preserved. Alterations that disguise or sheath original elements and materials should not be permitted. Storefronts and commercial building facades should be treated as a whole, and alterations to the first floor should be compatible with the upper floors.

(3)

Demolition. Demolition of past additions that have disguised or sheathed original elements or facades is encouraged, as long as the intention is to restore those elements and facades.

(4)

Relocation of buildings. Structures shall not be removed from their original site unless there is substantial evidence that it would not be practical or economical to utilize the building on its present site. If a building lies in the path of a public improvement project and if the building meets the requirements for preservation by virtue of its integrity, originality, craftsmanship or age, relocation may be considered as an alternative only after it is determined that the project cannot be altered to avoid the relocation of the historic structure.

(5)

Exterior walls. A structure's original walls, including masonry, siding, sheathing materials, and exposed foundations, should be maintained and preserved, if feasible. Walls, siding, and sheathing materials that may not be original, but have acquired significance by virtue of age or craftsmanship, should also be maintained and preserved. These walls, siding, and sheathing materials should not be altered, covered or disguised by new building materials unless it is no longer feasible to maintain the significant materials. Masonry should not be painted or stuccoed unless it is no longer feasible to maintain the significant materials. Restoration of original walls, siding and sheathing materials is encouraged. Removal of false facades that cover or disguise original walls and materials is encouraged.

(6)

Decorative and character defining elements. Original decorative and character defining elements and those that may not be original but have acquired significance by virtue of age or craftsmanship should be restored, maintained, and preserved, if feasible.

(7)

Doors and windows. Original doors and windows should not be replaced unless there is substantial evidence that they are no longer serviceable or cannot be restored. Restoration of original entryways that may have been covered, altered, or removed over time is encouraged. Replacement doors and windows that imitate an earlier inappropriate style are discouraged. In general, existing openings should not be covered or relocated, whenever possible. If additional entryways or service doors become necessary, they should be located and designed in a sensitive manner. If it is necessary to expand original openings, it should be accomplished in a manner that respects and complements the surrounding building elements, materials, and colors.

(8)

Porches. Porches, porticos, stoops, entryways, loading docks and exterior stairways should be of a scale, design, material, and color that complement the existing facade and its individual elements. Loading docks and service entrances should be located inconspicuously and should be considered a part of a building's overall design scheme.

(9)

Roofs. Rooflines and shapes should not be altered, if feasible. Visible roofing materials should be compatible with other building elements and materials in terms of color, materials, and texture. The use of roofing materials appropriate to the style and period of the building is encouraged. The use of roofing materials that reflect an earlier or later style or period is discouraged.

(10)

Mechanical equipment and weather protection devices. Mechanical and weather protection devices shall be placed and installed in a manner that is unobtrusive.

(11)

Fences, sidewalks, decorative dividers, and walls. Fences and decorative walls should be placed and scaled in a manner that do not cover, block or damage significant building facades or elements. Fences and walls should be of a style or period that corresponds with the style or period of the building or buildings they serve. Original fences, walls, and sidewalks and those that have acquired significance by virtue of age or craftsmanship should not be removed or destroyed and should be maintained and preserved, whenever possible.

(12)

Vacant lots, alleys, and parking areas. Parking lots, driveways, and other spaces between and around buildings shall be designed and maintained in a manner that does not detract from neighboring buildings and facades. The creation of new parking lots, driveways and parking pads shall be done in a way to minimize their appearance and to complement the buildings they serve and the surrounding neighborhood. Garbage dumpsters, bollards, loading docks and other similar fixtures shall be structurally and cosmetically maintained and shall be placed in a manner that is as inconspicuous as possible.

(13)

Signs and awnings. Maintenance and preservation of original signs or those that have acquired significance by virtue of age or craftsmanship is encouraged. Signs that disguise, obstruct, or detract from significant facade elements shall not be allowed. Signs and awnings shall be designed to complement the style, materials, and color of the building. Lighting and other illumination shall be properly shielded or diffused to eliminate glare. Individual building mounted lights shall be no brighter than 100 watts and be mounted no lower than six feet and no higher than nine feet in height. All signs shall be installed in accordance with the provisions of section 25-134.

(s)

Signs.

(1)

Permit required. Irrespective of provisions in any ordinance of the city relating to signs, all permanent signs for a landmark or building in a historic district not specified in the designating ordinance must receive a certificate of appropriateness from the historic preservation commission, which shall review the proposed sign in accordance with the following general guidelines. The city manager or his designee may approve certificate of appropriateness applications for temporary signs in accordance with section 30-74(k).

(2)

General guidelines.

General sign regulations are included in the city Code. Additional sign restrictions may be included in the ordinance designating a landmark or district.

It is not the intent of these standards to create uniformity of signage or to inhibit creative initiative.

Signs shall be designed and placed so as to appear an integral part of the building design, and to respect neighboring properties and the district in general. Signs shall be designed with appropriateness relative to the services of the establishment served.

(3)

Recommended signage.

Signs should be maintained if they are determined to be an original part of a building as it was originally constructed.

Some signs, though not original to a building may have acquired significance by virtue of their age, design, materials and craftsmanship. Such signs should be maintained and preserved.

Some existing signs may not be appropriate, especially if they disguise, obstruct, or detract from significant facade elements.

(4)

Wall signs. Each ground floor occupant in a building shall have no more than one sign oriented to each street on which the premises has frontage. The sign should identify the predominant use of the occupant or identify the building as a whole.

Wall signs may extend the entire length of the facade but shall have a total vertical dimension of no more than two feet, six inches.

Wall signs shall be mounted no lower than eight feet above the elevation of the ground floor and no higher than the elevation of the second floor.

Wall signs may be applied directly on glass show windows or entry doors. These may be located at any point below the elevation of the second floor.

(5)

Secondary wall signs. Each occupant in a building may have one or more secondary wall signs. These signs should identify occupants on upper floors or those not considered the primary occupants.

Each occupant may have not more than one sign applied directly on glass of upper windows. Upper window signs may consist of individual letters not over six inches in height. Total sign dimensions should be no greater than 14 inches in height.

In addition to upper window signs, each occupant may have one ground floor entry sign located at the entry way with individual letters painted or located directly on glass, door, plaque or directory.

(6)

Illumination. Any sign lighting shall be properly shielded or diffused so as to eliminate glare.

(7)

Exceptions. The following are appropriate in addition to those signs listed above:

Names of buildings, dates of erection, monumental citations, and commemorative tablets which do not exceed 20 square feet in area when made a permanent integral part of a building.

Educational signs not exceeding ten square feet providing bulletin or poster display space, identifying or explaining local history or other processes.

Signs that have special aesthetic, artistic or historical merit or appropriateness.

(8)

Projections beyond property line. There should be no projections beyond the property line other than as described below, or as allowed by other sections of this article.

Sun protection/weather protection devices are permitted only in the form of awnings. Awnings should be of canvas, or of a planar surface of metal or similar smooth surface. Awnings should be located no higher than 16 feet and should extend no lower than eight feet. Awnings should be a color and design that compliments the existing facade and that does not cover or damage significant structural or decorative elements.

Individual wall lighting fixtures projecting beyond property lines may be used, providing fixtures are consistent with the period or the design of the building facade; the total wattage per fixture is no more than 100 watts; the fixture does not emit glare or harsh bright spots; the fixture is mounted no lower than seven feet six inches nor higher than nine feet above the elevation of the ground floor; and the fixture extends from the property line not more than 16 inches, with no dimensions greater than 16 inches.

The historic preservation commission may adopt a standardized sign which may project beyond property lines and which may be used by all property owners or businesses within a district. Such sign shall be no lower than seven feet, six inches nor higher than ten feet above the elevation of the ground floor, shall extend from the property line not more than three feet, and shall have no dimension greater than three feet.

Signs already in existence on the date of the adoption of the ordinance from which this section is derived.

(t)

Maintenance of historic properties.

(1)

Ordinary maintenance exclusion. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in this article.

(2)

Definition of ordinary maintenance. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

(3)

Minimum maintenance requirement. All buildings and structures designated by city ordinance as H shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof. The owner or other person having legal custody and control thereof shall repair such building if it is found to have any of the following defects:

Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

Deteriorated or inadequate foundation.

Defective or deteriorated flooring or floor supports, or flooring or floor supports of insufficient size to carry imposed loads with safety.

Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety.

Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

Deteriorated, crumbling or loose plaster.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective coating.

Any fault or defect in the building which renders the same structurally unsafe or not properly watertight.

(4)

Public safety exclusion. None of the provisions of this article shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the chief building official or the fire department, and where the proposed measures have been declared necessary, by such department or departments, to correct the condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of God or by the public enemy, to such an extent that, in the opinion of the aforesaid department, it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(5)

Notice of nonmaintenance. If a designated local historic district or landmark property is not being maintained, the owner of the property or entity having legal custody thereof shall be notified by the city manager or his designee. The notice shall be by certified mail and shall specify each item that fails to meet the minimum maintenance requirements. The owner or entity having legal custody of the property shall have 30 days from the date of the notice to comply with the minimum maintenance requirements. The city manager or his designee, for good cause shown, may extend the 30-day period. If, after the original 30-day period or any extension granted by the city manager or his designee, the property should fail to meet the minimum maintenance requirements, the owner or entity having legal custody of the property shall be in violation of this section and subject to the penalties set forth in section 30-31.

(u)

Design subcommittee. The historic preservation commission may establish a subcommittee of five members, including historic preservation members and design professionals, to meet with applicants at any time during the application process in order to review and comment on proposed applications. An applicant may request a meeting with the subcommittee before or during the review of any application.

(Code 1990, § 30-352; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4306, arts. 1—8, 4-16-2012)

Sec. 30-75. - IO, Increased Occupancy Overlay District.

(a)

Purpose. The IO district is for areas that are highly desirable for concentrated mixed residential needs. While this high concentration of mixed uses can lead to vibrancy of the neighborhoods, these different uses within areas designated to be single-family have the potential for conflicts. It is important that activities associated with this type of higher mixed residential use do not negatively impact the surrounding neighborhood. This overlay district is intended to allow for additional unrelated person per single-family household. This district permits increased densities in these single-family districts without disturbing the densities in other residential districts when they are located elsewhere in the city. This overlay district also addresses: parking design and other aspects of rental life to try and alleviate disturbance with surrounding single-family private residences.

(b)

Permitted uses.

(1)

Single-family detached dwellings.

(2)

Additional unrelated persons, with an average of no more than one additional unrelated person for every two bedrooms. If there are an odd number of bedrooms, one additional unrelated person will be allowed due to that odd number. For example, a five-bedroom house will be allowed to have three additional unrelated persons.

(c)

Permitted uses (accessory). As permitted in underlying the zoning districts.

(d)

General provisions.

(1)

An increased occupancy overlay district may be enacted in conjunction with any underlying zoning district within the city in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the increased occupancy overlay district.

(2)

The increased occupancy overlay district shall be identified on the official zoning map by the suffix IO.

(3)

An application for designation as an increased occupancy overlay district may be initiated by:

A petition duly signed and acknowledged by the owners of 51 percent or more of the areas of land within the boundaries of the proposed overlay district, provided that it includes at least 51 percent of the owners of record of the subject properties;

A statement documenting the conditions justifying increased occupancy designation and setting forth the purposes of such a designation; and

The general design guidelines that are proposed to govern the development or redevelopment of properties within the overlay district.

(4)

The designation ordinance shall identify the overlay district boundaries, which shall be compact, contiguous, uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines. The designation ordinance shall include regulations and guidelines which apply to new construction as well as to additions, alterations, rehabilitation, conservation and renovation of existing structures.

(e)

Standards.

(1)

For each additional unrelated person above the general definition of the term "family," one additional off-street parking stall is required and shall conform to all city off-street parking regulations.

(2)

Refuse storage areas shall not be located in the front yards and shall be screened from view.

(3)

The division of any single unit dwelling into separate or additional dwellings is prohibited. The general intent of the structure shall remain intact.

(4)

Any other design requirements applicable in the specific underlying zoning district with which this district is combined.

(5)

Minimum district size: Two acres, consisting of contiguous lots.

(Code 1990, § 30-354; Ord. No. 4109, art. 2, 3-1-2010)

Sec. 30-76. - NCON, Neighborhood Conservation Overlay District.

(a)

Purpose.

(1)

The NCON district is intended to provide a mechanism to initiate and implement revitalization or conservation of older areas or neighborhoods possessing distinct features, identity or character worthy of retention and enhancement. An NCON district takes effect through petition of the property owners of an identified neighborhood. This overlay district will provide additional guidelines that will facilitate maintenance and protection of the neighborhood character and the development of vacant land or under-used lots. This overlay district is not intended to take the place of a local historic district, but to provide an additional method for property owners to preserve neighborhoods.

(2)

The NCON overlay district is intended to:

Maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment in order to stabilize and enhance property values.

Promote the efficient use of urban land, including the encouragement of infill development of vacant and underutilized parcels that is compatible with the area.

Encourage and support the rehabilitation and renovation of existing structures.

Foster the harmonious, orderly and efficient growth, development and redevelopment of the neighborhood in a manner that accommodates desirable change.

(b)

General provisions.

(1)

A neighborhood conservation overlay district may be enacted in conjunction with any underlying zoning district or districts within the city in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the neighborhood conservation overlay district.

(2)

The NCON district shall be identified on the official zoning map by the suffix NCON.

(3)

An application for designation as a neighborhood conservation overlay district may be initiated by:

A statement documenting the conditions justifying neighborhood conservation designation and setting forth the purposes of such a designation; and

The general design guidelines that are proposed to govern the development or redevelopment of properties within the overlay district.

(4)

(c)

Designation criteria. When determining a district's potential for neighborhood conservation designation, the planning and zoning commission and city council shall ensure that one or more of the following criteria are satisfied:

(1)

The area contains similar land uses and densities, displays unifying elements and possesses cohesive physical, social or economic relationships;

(2)

There is evidence of structural deterioration, encroachment of incompatible land uses, or erection of incompatible structures which are contributing to the changing of the area;

(3)

The area exhibits revitalization potential, but coordinated action or treatment is needed;

(4)

There is evidence that neighborhood conservation designation would be appropriate and effective method for conserving and revitalizing the area;

(5)

District property owners or residents desire and support neighborhood conservation efforts; or

(6)

District designation conforms to city plans and policies.

(d)

Procedure for review and approval of development plans.

(1)

Prior to undertaking any work regulated by the adopted design guidelines and the issuance of any building permit or other permit for such work in an NCON district, the owner shall submit a site development plan for review and approval by the director of community development. Four copies of the plan shall be submitted, which unless otherwise required by the director, shall include the following:

The legal description of the property to be developed;

The boundaries and dimensions of the lot or property to be developed;

The location of all building setback lines along adjacent streets and lots;

The location and designation of all easements on the lot or property to be developed;

The location of all existing structures on, and adjacent to, the lot or property to be developed;

The location and dimensions of all existing and proposed driveways, parking areas, walls, fences, retaining walls, walkways, landscaping, screening, lighting, signage, and service and mechanical areas on the lot to be developed;

The location and dimension of all new structures and additions including entrance doors, windows, porches, balconies, carports and garages;

A building elevation drawing or photograph, and a list, description and samples of materials to be used; and

Any other information deemed necessary to show compliance with this section and with regulations and standards of the applicable neighborhood conservation overlay district designation.

(2)

Depending upon the nature of the proposed project, additional information may be required to be included on the site development plan.

(3)

Upon receiving the site development plan, the director shall notify any officially recognized neighborhood association within said district in writing.

(4)

The director shall review the site development plan for compliance with subsection (d)(1) of this section, and the regulations and standards of the designation ordinance within two weeks of receipt. A decision to disapprove the development plan shall be made in writing and shall state the specific reasons for disapproval. If the director disapproves the development plan, the owner may revise the plan to reflect the director's comments, or may, within ten days file an appeal with the city council in accordance with this chapter.

(5)

Minimum size of an area to be considered for district designation is ten contiguous parcels, unless otherwise determined to be a cohesive neighborhood by the director of developmental services.

(e)

General design guidelines. The general guidelines set out below shall be the minimum considerations for a neighborhood conservation overlay district. Any individual NCON district proposed may set out additional design guidelines specific to the identified neighborhood. These guidelines apply to new construction, additions, alterations, rehabilitations and renovation of existing structures to preserve the character of the identified neighborhood. The intent is to preserve the character of the district, while not imposing over-reaching restrictions. All work should be compatible with character of the neighborhood district including the following:

(1)

Site elements.

Building orientation and separation.

Area, bulk and density restrictions including floor area, lot size and width, building sets backs, lot coverage, height limits and other related provisions.

Walls, fences, retaining walls and walkways.

Landscaping and screening.

Lighting and signage.

Size and placement of accessory structures, including carport and garages.

(2)

Building elements.

Architectural detail and scale.

Height, number of stories and vertical and horizontal alignments.

Roof type, pitch and materials.

Exterior wall materials, texture and color.

Foundations height and materials.

Window and door type, proportion and arrangement.

Porches, decks and awnings.

(Code 1990, § 30-351; Ord. No. 4109, art. 2, 3-1-2010)