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Chatfield City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 113-181.- Rural residential district (RR).

(a)

Purpose. The rural residential district is intended to promote orderly development of formerly rural areas, and to control the potentially uneconomical spread of residential development at excessive cost to the community.

(b)

Permitted uses. The following are permitted uses for property zoned rural residential:

(1)

Single-family detached dwellings.

(2)

Commercial agricultural and horticulture.

(3)

Farm drainage and irrigation systems.

(4)

Historic sites.

(5)

Truck gardens, orchards, nurseries and greenhouses.

(6)

Public parks, recreation areas, playgrounds and community centers.

(7)

Public and private forest and wildlife reservations or similar conservation projects.

(8)

Semipublic recreation areas and centers, including country clubs, swimming pools and golf courses or practice driving tees which are operated for commercial purposes.

(9)

Public service facilities, such as water and sewage disposal.

(10)

Essential services, such as telephone, power lines and necessary appurtenant equipment and structures under 35 KV.

(11)

Signs, subject to the standards in article VI of this chapter.

(12)

State-licensed residential facilities serving six or fewer persons.

(13)

A licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed to serve 14 or fewer children.

(c)

Accessory uses. The following are accessory uses for property zoned rural residential:

(1)

Any incidental machinery, structures or buildings necessary to the conduct of agricultural, single-family residential, and other permitted uses.

(2)

Private garages, carports, screen houses, swimming pools, storage buildings, and residential towers.

(3)

Farm buildings and structures.

(d)

Conditional uses. All conditional uses require a conditional use permit as set forth and regulated by article II, division 3 of this chapter. The following are conditional uses for property zoned rural residential:

(1)

Stables and riding academies.

(2)

Offices of veterinary and animal clinics.

(3)

Public utility buildings such as substations, transformer stations and regulator stations without service or storage yards.

(4)

One temporary building for the sale of the produce or products of any agricultural use permitted by subsection (b) of this section; provided such building is located not less than 20 feet from the nearest street or highway right-of-way line; and further provided, that adequate space for patron parking at least 20 feet from said street or highway right-of-way is provided.

(5)

Mining, quarrying or excavating of sand and gravel.

(6)

Recreational camping areas.

(7)

Carnivals, outdoor circuses and migratory amusement enterprises.

(8)

Cemeteries, mausoleums and crematories, including animal cemeteries.

(9)

Raising of fur-bearing animals; provided, however, that no cage or pen housing such animals shall be located less than 200 feet from the nearest lot line.

(10)

Operation and maintenance of kennels; provided, however, that no such kennel shall be located less than 100 feet from the nearest lot line.

(11)

Hospitals and other institutional type human care centers.

(12)

Airports, landing fields, hangars, masts, control towers and other facilities for the operation of aircraft.

(13)

Commercial radio and television towers and transmitters.

(14)

Migratory labor camps.

(15)

Accessory buildings or structures and uses customarily incidental to any of the above listed uses, when located on the same property.

(16)

Any other use of a character similar to those listed as permitted under subsection (b) of this section.

(17)

Garage, self-storage.

(e)

Performance standards. The following performance standards are required for property zoned rural residential:

(1)

Height.

a.

The maximum height of all buildings and structures shall not exceed 35 feet.

b.

This height limitation shall not apply to grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys, smokestacks and church spires.

(2)

Front yard.

a.

The minimum required setback distance shall be 25 feet from right-of-way lines.

b.

Where a lot is located at the intersections of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and 15 feet on the other side (side).

(3)

Side and rear yard.

a.

The minimum side yard shall be 25 feet, except that the side yard setback between two single family uses can be eight feet. The total side yard setbacks must be 33 feet.

b.

The minimum rear yard shall be 50 feet.

c.

Accessory buildings shall have side and rear yard setbacks.

(4)

Lot width and depth.

a.

Minimum lot width shall be 75 feet at the building line and 45 feet at the street line.

b.

Minimum lot depth shall be 150 feet.

(5)

Lot area. The minimum lot size shall be 30,000 square feet.

(6)

Additional requirements. Additional requirements for parking, sewerage systems and other regulations are as set forth in article IV of this chapter.

(Code 1999, § 16.5.3; Ord. No. 382, § 1, 1-28-2008; Ord. No. 385, § 2, 2008; Ord. No. 407, § 1, 2-11-2013; Ord. No. 434, § 2, 9-24-2018)

Sec. 113-182. - Single-family residential district (R-1).

(a)

Purpose. The R-1 district is intended to allow low-density development of single-family dwelling units in developing portions of the city where city sewer and water is available. Where available, all dwelling units in an R-1 district shall be required to connect to city sewers.

(b)

Permitted uses. The following are permitted uses for property zoned single-family residential.

(1)

Single-family detached dwellings.

(2)

Single-family attached (duplex dwellings).

(3)

Public recreation, including parks and playgrounds.

(4)

Historic sites and structures.

(5)

Public and parochial schools of general instruction.

(6)

Churches, chapels, including parish houses.

(7)

Home occupations.

(8)

State-licensed residential facilities serving six or fewer persons.

(9)

Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed to serve 14 or fewer children.

(c)

Accessory uses. Any incidental structure or building for use of the occupants of the permitted principal structure, including residential towers, swimming pools, private garages, carports, screen houses and post-frame type construction shall be allowed as accessory use for property zoned single-family residential if it complies with division 2, accessory buildings and structures.

(d)

Conditional uses. All conditional uses require a conditional use permit as set forth and regulated by article II, division 3, of this chapter. The following are conditional uses for property zoned single-family residential:

(1)

Municipal office buildings;

(2)

Cemeteries, memorial gardens and funeral homes;

(3)

Boarding or rental of rooms, including bed and breakfast establishments;

(4)

Governmentally owned buildings and structures, including police and fire stations, libraries, museums and art galleries;

(5)

Nursing homes, hospitals and sanitariums;

(6)

Public service facilities, including water supply buildings and reservoirs, elevated tanks, utility buildings, substations and transformer stations;

(7)

Semi-private recreation areas, clubs, lodges and centers, including country clubs, swimming pools and golf courses, but not including such uses as camping areas, miniature golf courses or practice driving tees operated for commercial purposes;

(8)

Any other use of a character similar to those listed under subsection (b) of this section.

(e)

Performance standards. The following are the performance standards for property zoned single-family residential.

(1)

Height. The maximum height of all buildings shall not exceed 35 feet.

(2)

Front yard.

a.

The minimum required setback distance shall be 25 feet from the right-of-way line.

b.

Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and 15 feet on the other side (side).

c.

Where adjacent structures within the same block have front yard setbacks different from required, the front yard minimum setback shall in no case be less than 25 feet.

(3)

Side and rear yard.

a.

The minimum side yard shall be six feet and the total width of side yards shall not be less than 16 feet.

b.

The minimum rear yard shall be 25 feet.

c.

Decks are exempted from the rear yard setback requirements, except that a deck may not be located closer than 20 feet from the rear property line.

d.

Accessory buildings shall be as provided in article VI, division 2 of this chapter.

(4)

Lot area. The minimum lot area shall be 9,000 square feet for single-family attached and single-family detached structures.

(5)

Lot width and depth.

a.

The minimum lot width shall be as follows:

1.

Single-family detached: 75 feet at the building line and 45 feet at the street line. Lots platted at 60 feet in width prior to the adoption of the ordinance from which this chapter is derived shall be considered as meeting the minimum lot width.

2.

Single-family attached: 80 feet at the building line and 50 feet at the street line.

3.

Lots platted at 60 feet in width prior to the adoption of the ordinance from which this chapter is derived shall be considered as meeting the minimum lot width.

4.

Minimum street access. No more than two single-family lots can share a single 50-foot wide street access and driveway if the lots meet the following additional standards:

(i)

Follow all performance standards set forth in this section;

(ii)

Maintain individual utility connections;

(iii)

The city is provided with copies of any access and utility easements relating to the separate properties;

(iv)

There is adequate emergency access for both lots;

(v)

There is compliance with additional requirement and regulations that are set forth in chapter 111, if applicable.

b.

There is no minimum lot depth.

(6)

Lot coverage. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 40 percent.

(7)

Additional requirements. Additional requirements for parking, sewage systems and other regulations are set forth in article VI of this chapter.

(Code 1999, § 16.5.4; Ord. No. 324, 5-22-1995; Ord. No. 365, §§ 1, 2, 8-11-2003; Ord. No. 366, § 1, 8-11-2003; Ord. No. 382, §§ 2, 3, 1-28-2008; Ord. No. 385, § 3, 2008; Ord. No. 393, § 3, 4-12-2010; Ord. No. 415, § 1, 2-23-2015; Ord. No. 425, 1, 2-27-2017; Ord. No. 440, §§ 1, 2, 2-25-2019; Ord. No. 444, §§ 6, 7, 10-14-2019)

Sec. 113-183. - Multifamily residential district (R-2).

(a)

Purpose. The R-2 district is intended to provide for the development of desirable residential neighborhoods, characterized by a higher density of development.

(b)

Permitted uses. The following are permitted uses for the property zoned multifamily residential:

(1)

Any permitted use allowed in the R-1 district.

(2)

Single-family attached and detached residential dwellings.

(3)

Multiple-family dwellings for any number of families or housekeeping units; townhouses, pursuant to the standards set forth in section 113-254; common interest communities and condominiums.

(4)

State-licensed residential facilities serving seven to 16 persons.

(5)

Licensed day care facilities serving 13 to 16 persons.

(c)

Accessory uses. Accessory uses permitted in the R-1 district shall be permitted within the R-2 district. Residential towers, community garages, uses incidental to the principal use when located on the same property shall be permitted as accessory uses if they comply with division 2, accessory buildings and structures.

(d)

Conditional uses. The following are conditional uses for property zoned multi-family residential and shall require a conditional use permit as set forth and regulated by article II, division 3, of this chapter:

(1)

All conditional uses permitted in the R-1 district which are not listed as permitted uses in subsection (b) of this section;

(2)

Manufactured home parks, provided that the provisions of article VI, division 4 of this chapter are complied with;

(3)

Planned unit developments;

(4)

Other uses of the same general character as those listed as permitted uses in subsection (b) of this section.

(e)

Performance standards. The following are performance standards for property zoned multifamily residential:

(1)

Height. The maximum height of all buildings and structures shall not exceed 35 feet.

(2)

Front yard.

a.

The minimum required setback distance shall be 25 feet from a right-of-way line.

b.

Where a lot is located at the intersections of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and 15 feet on the other side (side).

c.

Where adjacent structures within the same block have front yard setbacks different from required, the front yard minimum setback shall in no case be less than 25 feet.

(3)

Side and rear yard.

a.

The minimum side yard shall be eight feet, and the total width of all side yards shall be not less than 20 feet.

b.

The minimum rear yard shall be 25 feet.

c.

Decks are exempted from the rear yard setback requirements, except that a deck may not be located closer than 20 feet from the rear property line.

d.

Accessory buildings. See article IV, section 113-182 of this chapter.

(4)

Lot area. The minimum lot area shall be 2,000 square feet per family for multifamily structures, and 9,000 square feet for single-family, and 10,000 square feet for two-family residences.

(5)

Lot width and depth.

a.

The minimum lot width shall be 70 feet.

b.

The minimum lot depth shall be 100 feet.

(6)

Lot coverage. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 50 percent.

(7)

Additional requirements. Additional requirements for parking, fencing, sewerage systems and other items are as set forth in the provisions of article IV of this chapter.

(Code 1999, § 16.5.5; Ord. No. 324, 5-22-1995; Ord. No. 382, §§ 4, 5, 1-28-2008; Ord. No. 385, § 4, 2008; Ord. No. 407, § 2, 2-11-2013; Ord. No. 440, §§ 3, 4, 2-25-2019; Ord. No. 444, § 8, 10-14-2019)

Sec. 113-184. - General commercial district (B-1).

(a)

Purpose. The B-1 district is intended to encourage the continuation of a viable downtown and concentrated commercial area by allowing retail, service, office and entertainment facilities as well as public and semipublic uses.

(b)

Permitted uses. The following are permitted uses for property zoned general commercial.

(1)

Business services, including banks, offices and postal stations.

(2)

Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops, and shoe repair shops.

(3)

Equipment services, including radio and television shops, electrical appliance shops, showrooms of a plumber, decorator or similar trade.

(4)

Food services, including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, delicatessens, candy shops and bakeries whose products are sold only at retail on the premises.

(5)

Personal services, including barbershops and beauty shops, fitness centers, spas, photographic shops and funeral homes.

(6)

Retail services, including drug stores, hardware stores, haberdasheries, stationary and book stores, news shops, apparel shops, showrooms for articles to be sold at retail, flower shops and commercial greenhouses.

(7)

Public transportation terminals, public utility buildings and transformer stations without storage yards.

(8)

Buildings used for research and testing laboratories, storage buildings or distributing stations.

(9)

Any similar commercial establishments or professional services or commercial services not specifically stated or implied elsewhere in this article.

(10)

Buildings and uses customarily necessary to any of the uses specified in this section which may include the repair, alteration, finishing, assembly, fabrication of storage of goods. Such uses shall not be detrimental either by reasons of odor, smoke, noise, dust or vibration to the surrounding neighborhood.

(11)

Medical service, including medical, dental, chiropractic, and animal clinics.

(12)

Brewpub; small brewery with taproom; micro-distillery with tasting room; taproom.

(c)

Accessory uses. Uses incidental to the principal uses, such as off-street parking and loading and unloading areas, storage of merchandise, residential towers shall be permitted as accessory uses within the B-1 district.

(d)

Conditional uses. The following are conditional uses for property zoned general commercial and shall require a conditional use permit as set forth and regulated by article II, sections 113-78 through 113-82 of this chapter:

(1)

Automotive services including auto equipment sales, car wash service, new and used car sales lots, trailer sales area, gasoline service station and auto repair garages.

(2)

Recreation services, including theaters, bowling alleys, poolrooms, dance halls roller and ice skating rinks.

(3)

Hotels, motels, private clubs, bed and breakfasts and lodges.

(4)

Wholesale establishments, taverns, nightclubs, on and off-sale liquor stores.

(5)

Trade schools.

(6)

Commercial parking garages and ramps.

(7)

Drive-in restaurants, drive-in banks, and other drive-in services.

(8)

Open-air display areas for the sale of products such as garden furniture, hardware items, nursery stock or automobiles or areas used to display rental equipment such as tools or trailers.

(9)

Buildings or uses customarily incidental to the uses listed in this subsection when located on the same property, and which will not be detrimental either by reason of odor, smoke, noise, dust or vibration, to the surrounding neighborhood.

(10)

Care centers for children or adults.

(11)

Residential uses located above or below street-level commercial establishments.

(12)

Other uses which, in the opinion of the planning commission or the city council, are of the same general character as the permitted uses and which will not be detrimental to the central business district.

(e)

Performance standards. The following are performance standards for property zoned general commercial:

(1)

Height. The maximum height of all buildings and structures shall be 45 feet.

(2)

Front, side and rear yard, lot coverage, lot area and frontage. For all permitted uses in the B-1 district, there are no minimum requirements for front, side or rear yards, lot coverage, lot area or frontage. All conditional uses shall meet the minimum requirements as specified by the planning commission and city council.

(3)

Screening and fencing. The city may require the screening or fencing of commercial uses on side and rear yards which face residential or rural residential districts.

(4)

Additional regulations. Additional requirements for parking, shopping centers and other regulations are set forth in article VI.

(Code 1999, § 16.5.6; Ord. No. 366, § 2, 8-11-2003; Ord. No. 385, § 5, 2008; Ord. No. 407, §§ 3, 4, 2-11-2013; Ord. No. 408B, §§ 1—3, 7-8-2013; Ord. No. 416, § 2, 2-23-2015; Ord. No. 447, §§ 1, 2, 9-8-2020; Ord. No. 453, § 1, 7-12-2021)

Sec. 113-185. - Neighborhood commercial district (B-2).

(a)

Purpose. The B-2 district is intended to accommodate those uses which are oriented to automobile travel and require highway access. This district should only allow those uses which absolutely require highway access and exposure.

(b)

Permitted uses. The following are permitted uses for property zoned neighborhood commercial:

(1)

Automobile services, including auto equipment sales, car wash service, new and used car sales lots, trailer sales areas, gasoline service stations and auto repair garages.

(2)

Business services, including banks, offices and postal stations.

(3)

Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops and shoe repair shops.

(4)

Equipment services, including radio and television shops, electrical appliance shops, and plumbing and similar trade showrooms.

(5)

Medical services, including clinics, hospitals, rest homes, and animal clinics.

(6)

Food services, including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, delicatessens, candy shops, and bakeries whose products are sold only at retail on the premises.

(7)

Personal services, including barbershops and beauty shops, reducing salons, photographic shops and funeral homes.

(8)

Retail services, including drug stores, hardware stores, haberdasheries, stationery and book stores, news shops, apparel shops, showrooms for articles to be sold at retail, sales rooms, flower shops and commercial greenhouses.

(9)

Recreation services, including theaters, bowling alleys, poolrooms, billiard rooms and dancing academies.

(10)

Roller and ice skating rinks, miniature golf courses.

(11)

Hotels, motels, private clubs and lodges.

(12)

Wholesale establishments, taverns, nightclubs and on- and off-liquor stores.

(13)

Trade schools.

(14)

Commercial parking garages.

(15)

Public transportation terminals, public utility buildings and transformer stations without storage yards.

(16)

Single-family residences when included as an integral part of the principal building, occupied by the owners, or their employees.

(17)

Drive-in restaurants, drive-in banks and drive-in services or businesses not herein strictly prohibited.

(18)

Athletic and health clubs/businesses.

(19)

Open-air display areas for the sale of manufactured products such as garden furniture, hardware items and nursery stock, or rental of manufactured products or equipment such as household equipment or small tools.

(20)

Buildings used for research and testing laboratories, storage buildings, distributing stations, but not including lumber and fuel yards, junkyards, used automobile parts or wrecking establishments, businesses handling waste or junk, or those businesses which are offensive to the surrounding neighborhood by reason of odor, noise, smoke, or vibration.

(21)

Buildings and uses customarily necessary to any of the uses specified in this subsection, which may include the repair, alteration, finishing assembly, fabrication or storage of goods.

(22)

Buildings and uses customarily necessary to any of the uses listed in this subsection but which will not be detrimental, either by reason of odor, smoke, noise, dust or vibration, to the surrounding neighborhood.

(23)

Brewpub; small brewery with taproom; micro distillery with tasting room; taproom.

(24)

Any similar commercial establishment or professional service or commercial service not specifically stated or implied elsewhere in this subsection.

(c)

Accessory uses. Off-street parking, storage garages, loading areas as required in this article, residential towers, business towers, and post-frame type shall be permitted as accessory uses within a neighborhood commercial district if they comply with division 2, "Accessory Buildings and Structures."

(d)

Conditional uses. All uses set forth hereunder shall require a conditional use permit as set forth and regulated by article II, division 3, of this chapter.

(1)

Recreational and camping areas.

(2)

Open air sales lots not listed as permitted uses.

(3)

Telecommunication towers.

(e)

Performance standards. The following are performance standards for property zoned neighborhood commercial:

(1)

Height. No building or structure shall hereafter be erected or structurally altered to exceed 35 feet in height.

(2)

Front yard. There shall be a minimum front yard setback of 25 feet. Where a lot is located at the intersection of two or more streets, there shall be front yard setback on each street.

(3)

Side and rear yards.

a.

There may be a zero-foot minimum side yard; provided however, both side yards shall total 20 feet.

b.

A minimum side yard of 30 feet shall be required on that side of a property abutting any RR, R-1 or R-2 district.

c.

There shall be a 20 foot minimum rear yard setback.

(4)

Lot area. The minimum lot area shall be 5,000 square feet.

(5)

Lot width and depth.

a.

The minimum lot width at the street line shall be 50 feet.

b.

There shall be no minimum lot depth.

(f)

Screening and fencing. The city may require the screening or fencing of commercial uses on side and rear yards which abut a residential district.

(g)

Additional requirements. Additional standards and regulations related to parking, etc., are set forth in article VI of this chapter.

(Code 1999, § 16.5.7; Ord. No. 366, § 3, 8-11-2003; Ord. No. 385, §§ 6, 7, 2008; Ord. No. 416, § 3, 2-23-2015; Ord. No. 447, §§ 3, 4, 9-8-2020)

Sec. 113-186. - Light industrial district (I-1).

(a)

Purpose. The I-1 district is intended to provide for industrial uses that may also be suitably located in areas of relatively close proximity to nonindustrial development. As such, industries that pose problems of air or noise pollution or traffic congestion will be prohibited in this district.

(b)

Permitted uses.

(1)

The following are permitted uses for property zoned light industrial:

a.

Building materials storage yards, lumberyard, machinery lots, car lots and agricultural products yards.

b.

Contractors' equipment rental and storage yards.

c.

Wholesale businesses, including warehousing and storage buildings.

d.

Commercial laundries and dry cleaning plants.

e.

Light manufacture, compounding and treatment of such products as bakery goods, candles, cosmetics, dairy products, food products, drugs, perfumes, pharmaceuticals, soap, cold mix only, and toiletries.

f.

Light manufacture, compounding treatment and assembly of articles or merchandise previously manufactured elsewhere.

g.

Manufacturing processes and treatment of products using light machinery such as tool and die shops, metal fabricating plants and welding shops.

h.

Public utility service buildings and yards, electrical transformer stations and substations, and gas regulator stations.

i.

Buildings and uses customarily necessary to the aforementioned permitted uses, which will not be detrimental, either by reason of odors, smoke, noise or vibration to the surrounding neighborhood.

j.

Breweries, distilleries, micro-distilleries with tasting rooms and taprooms.

k.

Athletic and health clubs/businesses.

l.

Large animal veterinary and animal clinic.

m.

Retail sales incidental to and in conjunction with the aforementioned permitted uses.

(c)

Accessory uses. The following shall be permitted as accessory uses within a light industrial district:

(1)

Off-street parking, storage garage, and loading areas and structures as regulated by this article, and business towers.

(2)

Buildings temporarily located for purposes of construction, essential security and safety facilities as approved by the city council, and offices accessory to the principal use.

(d)

Conditional uses. The following are conditional uses for property zoned light industrial:

(1)

Recreation camping.

(2)

Open air sales lots not listed as permitted uses.

(3)

Telecommunication towers.

(e)

Performance standards. The following are performance standards for property zoned light industrial:

(1)

Height. No building or structure shall hereafter be erected or structurally altered to exceed 45 feet in height.

(2)

Front yard.

a.

The required setback distance for front yards shall be 40 feet.

b.

Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No building shall project beyond the front yard line of either road.

(3)

Side and rear yard. The minimum of each side yard shall be ten feet, and the minimum rear yard shall be 20 feet.

(4)

Lot area and width.

a.

The minimum lot area shall be 10,000 square feet.

b.

The minimum lot width shall be 100 feet.

(5)

Screening and fencing. The city may require the screening or fencing of industrial side and rear yards which abut a residential district.

(6)

Additional requirements. Additional standards and regulations related to parking, etc., are set forth in article VI of this chapter.

(Code 1999, § 16.5.8; Ord. No. 366, § 4, 8-11-2003; Ord. No. 385, §§ 8, 9, 2008; Ord. No. 416, § 4, 2-23-2015; Ord. No. 447, §§ 5, 6, 9-8-2020; Ord. No. 459, § 3, 3-28-2022)

Sec. 113-187. - General industrial district (I-2).

(a)

Purpose. The I-2 district is intended to provide for the establishment of heavy industrial and manufacturing uses, which, because of the nature of the product, require isolation from residential or commercial uses.

(b)

Permitted uses. The following are permitted uses for property zoned general industrial:

(1)

All uses permitted in the I-1 light industrial district.

(2)

Any branch of industry not permitted in any other district and not listed as a conditional use in this district.

(c)

Accessory uses. The following are accessory uses for property zoned general industrial:

(1)

Off-street parking, storage garages and buildings, loading, or as regulated by this article, and business towers.

(2)

Buildings temporarily located for purposes of construction.

(3)

Essential security and safety facilities approved by the city council.

(4)

Offices accessory to the principal use.

(d)

Conditional uses. The following are conditional uses for property zoned general industrial.

(1)

Manufacturing of cement, concrete, lime, gypsum or plaster.

(2)

Distillation of bone, coal, tar, petroleum, refuse, grain or wood.

(3)

Explosive manufacture or storage.

(4)

Fertilizer manufacturing, compost or storage.

(5)

Handling, incineration, and processing of garbage, offal, dead animals, refuse, rancid fats, glue and gelative manufacturing, where the processes include the refining or recovery of products from animal refuse or offal.

(6)

Petroleum or asphalt refining, manufacturing or storage.

(7)

Smelting or refining of metals from ores.

(8)

Storing, curing and tanning of raw, green or salted hides or skins.

(9)

Corrosive acid manufacturing or bulk storage thereof.

(10)

Junkyards.

(11)

Adult entertainment uses.

(12)

Telecommunication towers.

(e)

Storing materials. Requirements for the storage of materials shall be as follows:

(1)

The open storage of lumber, coal or other combustible material shall be not less than 25 feet from an interior lot line.

(2)

Open storage of junk, wrecked vehicles to be dismantled, or other waste products shall be enclosed by an eight-foot-high solid masonry wall, metal fence or chainlink fence in addition to any required greenbelt.

(3)

Waste materials incidental to the principal operation shall be kept in neatly stored containers screened from public view and shall be removed and emptied periodically so that no wastes shall be piled on open ground.

(f)

Performance standards. The following are performance standards for property zoned general industrial:

(1)

Height. No building or structure shall be hereafter erected or structurally altered to exceed 45 feet in height.

(2)

Front yard.

a.

The minimum front yard required shall be 50 feet.

b.

Where a lot is located at the intersection of two or more streets there shall be a front yard setback on each street.

(3)

Side and rear yards.

a.

The minimum of each side yard shall be ten feet. Where an I-2 district is adjacent to a residential district and not separated by a street, a side yard of 200 feet shall be provided.

b.

The minimum rear yard shall be 50 feet. When the I-2 district backs up to a residential district, a rear yard of 200 feet shall be provided.

(4)

Lot area and width.

a.

The minimum lot area shall be 40,000 square feet.

b.

The minimum lot width shall be 200 feet.

(5)

Screening and fencing. The city may require the screening or fencing of industrial side and rear yards which abut a residential district.

(6)

Additional regulations. Additional standards and regulations related to parking, etc., are set forth in article VI.

(Code 1999, § 16.5.9; Ord. No. 366, § 5, 8-11-2003; Ord. No. 385, §§ 10, 11, 2008)

Sec. 113-188. - Light commercial district (B-3).

(a)

Purpose. The B-3 district is intended to accommodate less intense commercial uses that would be compatible with adjacent residential uses.

(b)

Permitted uses. The following are permitted uses for property zoned light commercial:

(1)

Business services, including banks, offices and postal stations.

(2)

Personal services, including barbershops and beauty shops, reducing salons, photographic shops and funeral home.

(3)

Medical services, including clinics, hospitals, rest homes and animal clinics.

(4)

Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops and shoe repair shops.

(5)

Trade schools.

(6)

Equipment services, including radio and television shops, electrical appliance shops, showrooms of plumber, decorator or similar trade.

(7)

Buildings and uses customarily similar to any of the uses specified in this subsection, which may include the repair, alteration, finishing assembly, fabrication, storage of goods, research and testing laboratories, storage buildings, and distribution stations which will not be detrimental, either by reason of odor, smoke, noise, dust, vibration or glare.

(8)

Care center for children or adults.

(9)

Trade shop, including contractor headquarters involved in specialize activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, sign painting, drapers, exterminators, and the like, where tools, equipment and materials used in the business are stored.

(10)

Business center, including a building or group of buildings planned and operated as a total entity, with common parking facilities, landscaping, traffic circulation and other amenities. Business center can include service, retail, and industrial uses such as storage yards, wholesale businesses, and light manufacturing.

(11)

Public and parochial schools of general instruction.

(12)

Churches, chapels, including parish houses.

(c)

Accessory uses. Off-street parking, storage garages, loading areas as required in this article, residential towers, business towers, and post-frame type construction shall be permitted as accessory uses within a light commercial district if they comply with division 2, "Accessory Buildings and Structures."

(d)

Conditional uses. All uses set forth hereunder shall require a conditional use permit as set forth and regulated by article II, division 3, of this chapter.

(1)

Auto and small engine repair garages.

(2)

Contractor's yard.

(3)

Public utility buildings such as substations, transformer and regulator stations.

(4)

Other uses which, in the opinion of the planning commission or the city council, are of the same general character as the permitted uses and which will not be detrimental to the neighborhood which may include uses such as food and retail services.

(e)

Performance standards. The following are performance standards for property zoned residential commercial:

(1)

Height. No building or structure shall hereafter be erected or structurally altered to exceed 35 feet in height.

(2)

Front yard. There shall be a minimum front yard setback of 25 feet. Where a lot is located at the intersection of two or more streets, there shall be front yard setbacks on each street.

(3)

Side and rear yards.

a.

The minimum side yard setback is ten feet.

b.

The minimum rear yard setback is 25 feet.

(4)

Lot areas. The minimum lot area shall be 5,000 square feet.

(5)

Exterior storage. Storage of materials, vehicles, and other equipment associated with the operation of a business may be accommodated outside of a building or structure. Exterior storage shall not occupy more than 40 percent of the lot area. All exterior storage shall only be permitted in the side or rear yards, outside of buffer areas, and placed on a hard surface like concrete. Storage areas shall be screened by a permanent fence or landscaped buffer from adjacent properties.

(6)

Additional requirements. Additional standards and regulations related to parking are set forth in article VI of this chapter. Additional standards and regulations related to landscaping and screening are set forth in section 113-265. Additional standards and regulations related to lighting are set forth in section 113-264.

(Ord. No. 395, § 1, 3-14-2011; Ord. No. 408B, § 4, 7-8-2013; Ord. No. 447, §§ 7, 8, 9-8-2020)

Sec. 113-189. - Mixed use zoning district.

(a)

Purpose. The purpose of the mixed use district is to promote unique planned developments within the district where residential land uses can be combined into neighborhoods with retail, office, entertainment, and recreational facilities. The intent of the mixed district is to promote integrated development patterns that accomplish the following objectives:

(1)

Establish a mixed use land use pattern and neighborhood design that is consistent with the vision, goals, and policies of the city comprehensive plan.

(2)

Accommodate a mixture of residential, retail, service, office, recreational, and entertainment land uses in an integrated neighborhood design.

(3)

Establish ground level, pedestrian friendly retail and service storefronts complemented by office and residential uses above the ground floor development.

(4)

Promote a development pattern that is a pedestrian friendly that encourages walking, biking and use of mass transit.

(5)

Create attractive neighborhoods that promote pedestrian activity, human interaction, safety, and livability.

(6)

Provide a range of housing options that respond to the needs of residents in each stage of their life.

(7)

Promote a creative and efficient use of land which at the same time protects and promotes health, safety, comfort, aesthetics, economic viability, and general welfare of the city.

(b)

Permitted uses.

(1)

Multiple-family dwellings for any number of families or housekeeping units; townhouses, pursuant to the standards set out in section 113-254, common interest communities, and condominiums.

(2)

Automobile services, including auto equipment sales, car wash service, new and used car sales lots, trailer sales areas, gasoline service stations and auto repair garages.

(3)

Business services, including banks, offices and postal stations.

(4)

Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops and shoe repair shops.

(5)

Equipment services, including radio and television shops, electrical appliance shops, and plumbing and similar trade showrooms.

(6)

Medical services, including clinics, hospitals, rest homes, and animal clinics.

(7)

Food services, including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, delicatessens, candy shops, and bakeries whose products are sold only at retail on the premises.

(8)

Personal services, including barbershops and beauty shops, reducing salons, photographic shops and funeral homes.

(9)

Retail services, including drug stores, hardware stores, haberdasheries, stationery and book stores, news shops, apparel shops, showrooms for articles to be sold at retail, sales rooms, flower shops and commercial greenhouses.

(10)

Recreation services, including theaters, bowling alleys, poolrooms, billiard rooms and dancing academies, roller and ice skating rinks, and miniature golf courses.

(11)

Hotels, motels, private clubs and lodges.

(12)

Wholesale establishments, taverns, nightclubs and on and off-liquor stores, brewpub, small brewery with taproom, micro distillery with tasting room, taproom.

(13)

Trade schools.

(14)

Commercial parking garages.

(15)

Public transportation terminals, public utility buildings and transformer stations without storage yards.

(16)

Single-family residences when included as an integral part of the principal building, occupied by the owners, or their employees.

(17)

Drive-in restaurants, drive-in banks and drive-in services or businesses not herein strictly prohibited.

(18)

Athletic and health clubs/businesses.

(19)

Buildings used for research and testing laboratories, storage buildings, distributing stations, but not including lumber and fuel yards, junkyards, used automobile parts or wrecking establishments, businesses handling waste or junk, or those businesses which are offensive to the surrounding neighborhood by reason of odor, noise, smoke, or vibration.

(20)

Buildings and uses customarily necessary to any of the uses specified in this subsection, which may include the repair, alteration, finishing assembly, fabrication or storage of goods.

(21)

Any similar commercial establishment or professional service or commercial service not specifically stated or implied elsewhere in this subsection.

(c)

Accessory uses. Off-street parking, storage garages, loading areas as required in this article, residential towers, and business towers shall be permitted as accessory uses.

(d)

Conditional uses.

(1)

Open-air display areas for the sale of manufactured products such as garden furniture, hardware items and nursery stock, or rental of manufactured products or equipment such as household equipment or small tools.

(2)

Buildings built of post-frame construction, subject to screening, appearance, height and size requirements.

(3)

Telecommunication towers.

(4)

Planned unit developments.

(e)

Performance standards. The following are performance standards for property zoned mixed:

(1)

Height. No building or structure shall exceed six stories with a maximum height of 90 feet unless the structure includes privately installed fire protection equipment that can serve the structure independently.

(2)

Front yard. There shall be a minimum front yard setback of 25 feet. Where a lot is located at the intersection of two or more streets, there shall be front yard setback on each street.

(3)

Side yard. There may be a zero-foot minimum side yard; provided however, both side yards shall total 20 feet.

(4)

Rear yard. There shall be a 20 foot minimum rear yard setback.

(5)

Lot area. The minimum lot area shall be 5,000 square feet.

(6)

Lot width and depth. The minimum lot width at the street line shall be 50 feet. There shall be no minimum lot depth.

(7)

Screening and fencing. The city may require the screening or fencing of commercial uses.

(f)

Mixed use buildings. Combined residential and nonresidential buildings shall be allowed by conditional use permit subject to the following conditions:

(1)

Building facade. Where residential and nonresidential uses share the same first floor building facade, the building design must demonstrate that the location, access, and appearance of the mixed land uses promote continuity of use and architectural appearance along the same building facade.

(2)

Above ground floor uses. Above ground floor uses shall be limited to nonretail business uses and residential uses.

(3)

Entrances. Residential uses shall be provided separate entrances and separately identified parking stalls.

(Ord. No. 435. § 1, 9-24-2018)