The incorporated land area of the city is hereby divided into zones or districts as set forth in this article and as shown on the official zoning map of the city.

(Code 1998, § 122-61; Code 2008, § 122-61; Ord. No. 281-C, § 1(ch. 7, § 1(A)), 11-8-1994)

(a)

Generally. The official zoning map of the city is hereby adopted and incorporated by reference and declared to be a part of this chapter. The official zoning map shall bear the date of its adoption. The boundaries of each district shall be as shown on the official zoning map, and the district symbols as set out in this article shall be used to designate each district.

(b)

District boundary changes. After an amendment has been approved by the city council, changes in district boundaries shall be entered on the official zoning map. An entry shall be made promptly on the official zoning map stating the date and ordinance number of the change.

(c)

Authority as to current zoning status. The official zoning map shall be the final authority as to the current zoning status of land, buildings and other structures in the city, and shall supersede and replace any and all previously adopted zoning maps.

(d)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of public or private rights-of-way shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines as they exist at the time of the establishment of the district boundary.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits as they existed at the time of the establishment of the district boundary.

(4)

Boundaries indicated as following a shoreline shall be construed to follow such shoreline, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

(5)

Submerged lands, including waters over such submerged land, unless specifically zoned otherwise, are to be construed as being zoned the same as the abutting upland.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (d)(1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by subsections (d)(1) through (6) of this section, the administrative official shall interpret the district boundaries.

(Code 1998, § 122-62; Code 2008, § 122-62; Ord. No. 281-C, § 1(ch. 7, § 1(B)), 11-8-1994)

For the purposes of this chapter, the city is divided into 14 districts, designated as follows:

(Code 1998, § 122-63; Code 2008, § 122-63; Ord. No. 281-C, § 1(ch. 7, § 1(C)), 11-8-1994; Ord. No. 368-C, § 2, 9-22-2009; Ord. No. 373-C, § 2, 11-24-2009; Ord. No. 2010-09-C, § 2, 8-24-2010)

(a)

All territory which may hereafter be annexed into the city (except for those properties in subsection (b) of this section shall be automatically classified as being within the urban estate residential district until such classification shall have been changed by an amendment as provided by law. The city council may consider a petition for annexation and rezoning concurrently.

(b)

All territory which may hereafter be annexed into the city which is located between the following areas: south of and including Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28 and 33, Township 23 South, Range 26 East; Section 4, Township 24 South, Range 26 East; all said sections lying east of U.S. Highway 27, and west of the Lake County/Orange County line; shall be automatically classified as being within the UT Urban Transition District until such classification shall have been changed by an amendment as provided by law. The city council may consider a petition for annexation and rezoning concurrently.

(Code 1998, § 122-64; Code 2008, § 122-64; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994; Ord. No. 2010-09-C, § 2, 8-24-2010)

No land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations specified in this chapter for the district in which it is located.

(Code 1998, § 122-65; Code 2008, § 122-65; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994)

Future buildings, structures and uses to be maintained and operated by the city, indicated as permitted uses within each of the districts, may be allowed placement only after formally advertised public hearing.

(Code 1998, § 122-66; Code 2008, § 122-66; Ord. No. 281-C, § 1(ch. 7, § 1(D)), 11-8-1994)

The UT district is intended as a transition district to allow for public and semipublic uses, primary, secondary and higher education uses, and urban transition uses including agriculture and single-family structures and uses consistent with the rural residential standards of the comprehensive plan.

(Code 2008, § 122-71; Ord. No. 2010-09-C, § 2, 8-24-2010)

Permitted uses in the UT district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas.

(2)

Buildings, structures or uses maintained or operated by the city.

(3)

A public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). Such uses may include city or county infrastructure and support systems or services including storage facilities, spray fields, rapid infiltrations basin systems (RIBs), and similar systems.

(4)

Primary or secondary public or private school. Organization formed and chartered for instructional purposes at a primary or secondary level, approved under regulations of the state. Does not include child daycare businesses.

(5)

College or university. An institution of higher education offering undergraduate or graduate degrees including community colleges.

(6)

Cultural institution. Public or private nonprofit facility providing cultural services to the public. Typical uses may include museums, libraries, and observatories.

(7)

Publicly owned recreational facilities that may include both active and passive facilities.

(8)

Home occupations as provided in article V of this chapter.

(9)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(10)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(11)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(Code 2008, § 122-72; Ord. No. 2010-09-C, § 2, 8-24-2010)

(a)

Conditional uses in the UT district are as follows:

(1)

Churches provided adequate buffer strips between uses are furnished and maintained.

(2)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(3)

Planned unit developments per article IV of this chapter.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 2008, § 122-73; Ord. No. 2010-09-C, § 2, 8-24-2010)

Lot and height requirements for the UT district are as follows:

(1)

Lot size. A minimum usable land area of not less than five acres is required.

(2)

Lot width. Minimum lot width is 500 feet measured at the building setback line, and 250 feet measured along the property lines contiguous to any street or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent.

(4)

Height. A maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 2008, § 122-74; Ord. No. 2010-09-C, § 2, 8-24-2010)

Minimum yard requirements for the UT district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, State Road 50 and U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet.

(2)

Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side of the lot.

(3)

Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, State Road 50 or U.S. Highway 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 2008, § 122-75; Ord. No. 2010-09-C, § 2, 8-24-2010)

The UE district is intended for single-family structures to be used in such a manner as to preserve and enhance low density estate neighborhood values and to be consistent with the rural residential standards of the comprehensive plan.

(Code 1998, § 122-81; Code 2008, § 122-81; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the UE district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas.

(2)

Buildings, structures or uses maintained or operated by the city.

(3)

Home occupations as provided in article V of this chapter.

(4)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(5)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(6)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(Code 1998, § 122-82; Code 2008, § 122-82; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

(a)

Conditional uses in the UE district are as follows:

(1)

Churches, provided adequate buffer strips between residential uses are furnished and maintained.

(2)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(3)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(4)

Planned unit developments per article IV of this chapter.

(5)

Cemeteries.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-83; Code 2008, § 122-83; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

Lot and height requirements for the UE district are as follows:

(1)

Lot size. A minimum usable land area of not less than one acre is required.

(2)

Lot width. Minimum lot width is 150 feet measured at the building setback line, and 75 feet measured along the property lines contiguous to any street or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent.

(4)

Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-84; Code 2008, § 122-84; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-84, 10-23-2007)

Minimum yard requirements for the UE district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet.

(2)

Side yard. The minimum side yard setback on interior lots shall be 15 feet. On a corner lot the side yard setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 35 feet on the side adjacent to any other street and nine feet on the interior side of the lot.

(3)

Rear yard. The minimum rear yard setback is 25 feet, except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50-feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-85; Code 2008, § 122-85; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The R-1-A district is intended for single-family structures to be used in such a manner as to preserve and enhance low density residential neighborhood values.

(Code 1998, § 122-101; Code 2008, § 122-101; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the R-1-A district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,500 square feet, exclusive of garages, carports and screened areas.

(2)

Buildings, structures or uses maintained or operated by the city.

(3)

Home occupations as provided in article V of this chapter.

(4)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(5)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(6)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(Code 1998, § 122-102; Code 2008, § 122-102; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

(a)

Conditional uses in the R-1-A district are as follows:

(1)

Churches, provided adequate buffer strips between residential uses are provided.

(2)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(3)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(4)

Planned unit developments per article IV of this chapter.

(5)

Cemeteries.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided

in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-103; Code 2008, § 122-103; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

Lot and height requirements for the R-1-A district are as follows:

(1)

Lot size. A minimum usable land area of not less than 13,000 square feet is required. Subdivisions platted prior to the adoption of this amendment (September 26, 2000) or subdivisions with improvement plans being reviewed by the site review committee as of the effective date hereof, and finally approved and recorded within 12 months of the effective date of the ordinance from which this section is derived, shall have a minimum lot size of 10,000 square feet.

(2)

Lot width. Minimum lot width is 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent.

(4)

Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-104; Code 2008, § 122-104; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 301-C, § 2, 9-26-2000; Ord. No. 355-C, § 122-104, 10-23-2007)

Minimum yard requirements for the R-1-A district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 35 feet.

(2)

Side yard. The minimum side yard setback shall be nine feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 35 feet on any side adjacent to any other street and nine feet on the interior side yard.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-105; Code 2008, § 122-105; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The R-1 district is intended for single-family structures to be used so as to provide for a medium density single-family residential usage.

(Code 1998, § 122-121; Code 2008, § 122-121; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the R-1 district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas.

(2)

Buildings, structures or uses maintained or operated by the city.

(3)

Home occupations as provided in article V of this chapter.

(4)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(5)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(6)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(Code 1998, § 122-122; Code 2008, § 122-122; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

(a)

Conditional uses in the R-1 district are as follows:

(1)

Churches, provided adequate buffer strips between residential uses are provided.

(2)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(3)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(4)

Planned unit developments per article IV of this chapter.

(5)

Cemeteries.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-123; Code 2008, § 122-123; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

Lot and height requirements for the R-1 district are as follows:

(1)

Lot size. A minimum usable land area of not less than 10,000 square feet is required. Subdivisions platted prior to the adoption of this amendment (September 26, 2000) or subdivisions with improvement plans being reviewed by the site review committee as of the effective date of the ordinance from which this section is derived, and finally approved and recorded within 12 months of the effective date of the ordinance from which this section is derived, shall have a minimum lot size of 7,500 square feet.

(2)

Lot width. Minimum lot width is 85 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Subdivisions platted prior to the adoption of this amendment (September 26, 2000) or subdivisions with improvement plans being reviewed by the site review committee as of the effective date of the ordinance from which this section is derived, and finally approved and recorded within 12 months of the effective date of the ordinance from which this section is derived, shall have a minimum lot width of 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent.

(4)

Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-124; Code 2008, § 122-124; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 301-C, § 2, 9-26-2000; Ord. No. 355-C, § 122-124, 10-23-2007)

Minimum yard requirements for the R-1 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback shall be 7.5 feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 25 feet on any side adjacent to any other street and 7.5 feet on the interior side yard.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-125; Code 2008, § 122-125; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The R-2 district is intended for medium density single-family and two-family residential use.

(Code 1998, § 122-141; Code 2008, § 122-141; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan review is required for two-family residential uses in the R-2 district where relief on the site is seven percent or greater, and for all multifamily uses.

(Code 1998, § 122-142; Code 2008, § 122-142; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the R-2 district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas.

(2)

Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas.

(3)

Buildings, structures or uses maintained or operated by the city.

(4)

Home occupations as provided in article V of this chapter.

(5)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(6)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(7)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(Code 1998, § 122-143; Code 2008, § 122-143; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

(a)

Conditional uses in the R-2 district are as follows:

(1)

Townhouses and multifamily development having a minimum floor area of 600 square feet per unit, exclusive of garages, carports and screened areas.

(2)

Churches, provided adequate buffer strips between residential uses are provided.

(3)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(4)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(5)

Planned unit developments per article IV of this chapter.

(6)

Cemeteries.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-144; Code 2008, § 122-144; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998)

Lot and height requirements for the R-2 district are as follows:

(1)

Lot size. Lot size for single-family dwellings shall be not less than 7,500 square feet. Lot size for two-family dwellings shall be not less than 10,000 square feet. Minimum lot size for multifamily development shall be 5,000 square feet per dwelling unit.

(2)

Lot width. Minimum lot width for single-family and two-family dwellings shall be 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development shall be 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent, except for multifamily development the maximum shall be 70 percent.

(4)

Height. Maximum height of 35 feet shall be allowable for all designated habitable, occupancy use areas of a building or structure, and a maximum height of 45 feet shall be allowable for the finished height of all buildings or structures. For the purposes of this section and code, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-145; Code 2008, § 122-145; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-145, 10-23-2007)

Minimum yard requirements for the R-2 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback is 7.5 feet. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 25 feet on any side adjacent to any other street and 7.5 feet on the interior side yard.

(3)

Rear yard. The minimum rear yard setback is 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use or multifamily use abuts a residential use, the conditional use or the multifamily use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-146; Code 2008, § 122-146; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The R-3-A district is intended for medium density multiple-family developments and professional offices that do not conflict with the residential usage and do not generate traffic of such nature as to require commercial zoning.

(Code 1998, § 122-161; Code 2008, § 122-161; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan review is required for two-family residential uses in the R-3-A district where relief on the site is seven percent or greater, and for all multiple-family developments and professional offices.

(Code 1998, § 122-162; Code 2008, § 122-162; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the R-3-A district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas.

(2)

Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas.

(3)

Multifamily dwelling units, including townhomes and condominiums, having a minimum floor area of 600 square feet per unit, exclusive of garages, carports and screened areas.

(4)

Buildings, structures or uses maintained or operated by the city.

(5)

Home occupations as provided in article V of this chapter.

(6)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(7)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(8)

Accessory uses: customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(Code 1998, § 122-163; Code 2008, § 122-163; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000)

(a)

Conditional uses in the R-3-A district are as follows:

(1)

Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices and similar businesses.

(2)

Churches, provided adequate buffer strips between residential uses are provided.

(3)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(4)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(5)

Planned unit developments per article IV of this chapter.

(6)

Cemeteries.

(7)

Multiple-family developments, including townhomes and condominiums, of 12 or more dwelling units, or that are so located and planned so that 12 or more dwelling units can be placed on the property, even though 11 or fewer may be constructed initially.

(8)

Nursery schools, kindergartens or childcare centers, provided the outdoor area is enclosed by a fence at least four feet in height and all state requirements are met.

(9)

Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners.

(10)

Private schools.

(11)

Bed and breakfast inns per article V of this chapter.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-164; Code 2008, § 122-164; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, §§ II, III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004)

Lot and height requirements for the R-3-A district are as follows:

(1)

Lot size. Lot size for single-family dwellings shall be not less than 7,500 square feet. Lot size for two-family dwellings shall be not less than 10,000 square feet. Minimum lot size for multifamily development shall be 5,000 square feet per dwelling unit.

(2)

Lot width. Minimum lot width for single- and two-family dwellings shall be 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development shall be 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway.

(3)

Impervious surface coverage. For all residential development, the maximum impervious surface coverage for single-family and duplex dwellings shall be 55 percent, with the principal building, driveway and walkways limited to 45 percent, and for multifamily development and professional offices, the maximum is 70 percent.

(4)

Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-165; Code 2008, § 122-165; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-165, 10-23-2007)

Minimum yard requirements for the R-3-A district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifamily and professional offices shall have a minimum 15-foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single-family and duplex dwellings and 15 feet for townhouses, multifamily and professional office developments.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use or a multifamily use abuts a residential use, the conditional use or multifamily use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-166; Code 2008, § 122-166; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The purpose of the R-3 district is to provide medium density townhouse and multiple-family housing in an urban area where needed, and where urban conveniences and facilities can be provided, and also to provide for those professional services not in direct conflict with the residential usage and which do not generate traffic of such a nature as to require industrial or commercial zoning.

(Code 1998, § 122-181; Code 2008, § 122-181; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan review is required for two-family residential uses in the R-3 district where relief on the site is seven percent or greater, and all multiple-family developments and professional offices.

(Code 1998, § 122-182; Code 2008, § 122-182; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Permitted uses in the R-3 district are as follows:

(1)

Single-family dwelling units having a minimum living area of 1,000 square feet, exclusive of garages, carports and screened areas.

(2)

Two-family dwelling units having a minimum of 700 square feet per dwelling unit, exclusive of garages, carports and screened areas.

(3)

Multifamily dwelling units, including townhomes and condominiums, having a minimum floor area of 600 square feet per unit, exclusive of garages, carports and screened areas, with fewer than 12 units.

(4)

Buildings, structures or uses maintained or operated by the city.

(5)

Home occupations as provided in article V of this chapter.

(6)

Private docks and boathouses, provided that such structures maintain a 25-foot side yard setback. A ten-foot side yard setback may be allowed upon receipt of properly authorized documentation from directly abutting property owners. It shall be further provided that such structures comply with state and/or federal regulations, as applicable.

(7)

Field crops, orchards and other horticultural uses where no selling at retail is involved.

(8)

Accessory uses: Customary accessory buildings and structures, including private garages, noncommercial greenhouses and workshops.

(Code 1998, § 122-183; Code 2008, § 122-183; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, § III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000)

(a)

Conditional uses in the R-3 district are as follows:

(1)

Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices and similar businesses.

(2)

Churches, provided adequate buffer strips between residential uses are provided.

(3)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government).

(4)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(5)

Planned unit developments per article IV of this chapter.

(6)

Cemeteries.

(7)

Multiple-family developments, including townhomes and condominiums, of 12 or more dwelling units, or that are so located and planned so that 12 or more dwelling units can be placed on the property, even though 11 or fewer may be constructed initially.

(8)

Hospitals and nursing homes.

(9)

Private schools.

(10)

Nursery schools or kindergartens, provided the outdoor play area is enclosed by a fence four feet in height and all state requirements are met.

(11)

Mobile home parks per article V of this chapter.

(12)

Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners.

(13)

Bed and breakfast inns per article V of this chapter.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-184; Code 2008, § 122-184; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 290-C, §§ II, III, 10-27-1998; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004)

Lot and height requirements for the R-3 district are as follows:

(1)

Lot size. Minimum lot size for single-family dwellings is 7,500 square feet. Minimum lot size for two-family dwellings is 10,000 square feet. Minimum lot size for multifamily development is 3,500 square feet per dwelling unit.

(2)

Lot width. Minimum lot width for single- and two-family dwellings is 75 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway. Minimum lot width for multifamily development is 100 feet measured at the building setback line, and 50 feet measured along the property lines contiguous to any street, road or highway.

(3)

Impervious surface coverage. For all residential development the maximum impervious surface coverage for single-family and duplex dwellings shall be 55 percent with the principal building, driveway and walkways limited to 45 percent, and for multifamily development and professional offices the maximum is 70 percent.

(4)

Height. Maximum height of 45 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-185; Code 2008, § 122-185; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 300-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-185, 10-23-2007)

Minimum yard requirements for the R-3 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback for single-family and duplex dwellings shall be 7.5 feet. Townhouses, multifamily and professional offices shall have a minimum 15-foot setback. On corner lots the setback shall be 50 feet on Hartwood Marsh Road, SR 50 and U.S. 27 and 25 feet on the side adjacent to any other street and 7.5 feet on the interior side yard for single-family and duplex dwellings and 15 feet for townhouses, multifamily and professional office developments.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-186; Code 2008, § 122-186; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

(a)

The intent of the O-1 district is to provide areas in the city to accommodate both business and professional offices, and some support services. Areas zoned for office use shall be appropriately located throughout the city to serve the general public and not create an adverse effect on adjacent areas. Mixed uses of buildings are permitted.

(b)

The city encourages the location of office structures in appropriate locations so that business and professional services can more adequately and conveniently serve the city's residents, certain job opportunities can be created within the city to improve the city's economic base and residents can be given the opportunity to work within the city and can be provided convenient, modern office buildings in landscaped settings which can add to the attractiveness of the city.

(Code 2008, § 122-190; Ord. No. 373-C, § 2, 11-24-2009)

A site plan is required for uses in the O-1 district and must be approved by the administrative official.

(Code 2008, § 122-191; Ord. No. 373-C, § 2, 11-24-2009)

(a)

Generally. Permitted uses in the O-1 district are as follows:

(1)

Professional offices, such as those of architects, medical doctors, dentists, professional engineers, attorneys, public accountants;

(2)

Medical and dental laboratories;

(3)

Hospitals and medical clinics (does not include animal hospitals);

(4)

Business offices such as stockbroker's offices, real estate offices, executive or administrative offices for business, insurance offices; state licensed massage therapists;

(5)

Financial institutions, including banks, savings and loan associations and credit unions;

(6)

Business services such as telephone answering services, tabulating and computing services, copy services, public stenographers, etc.;

(7)

Off-street parking lots except those for the parking of heavy duty construction equipment, trucks, drill rigs or by truck/van rental companies;

(8)

Professional services of photographic studios and photographic production when done in conjunction with photographic studios for their exclusive use;

(9)

Fine arts museums and fine arts instruction, including art instruction, limited to painting, sculpture, pottery and photography. Dance instruction limited to ballet, tap, jazz and modern dance. Music instruction limited to piano, symphony instruments, acoustic guitar but not electric guitar or other amplified instruments;

(10)

Travel agencies;

(11)

Pharmacy store within a medical office building which sells prescription and nonprescription drugs, medicines and medically related equipment only. Maximum ten percent of medical office building floor space;

(12)

Other uses which are similar and compatible to the uses permitted herein which adhere to the intent of the district and which are not prohibited as specified in this code. Use determination shall be based on the site review committee's recommendation.

(b)

Floor space. Any business establishment or structure proposing to occupy more than 20,000 square feet of floor space shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan. No more than 25 percent of the total floor area of a building may be devoted to storage.

(c)

Uses to be enclosed; outdoor storage. All uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property.

(Code 2008, § 122-192; Ord. No. 373-C, § 2, 11-24-2009)

(a)

Conditional uses in the O-1 district are as follows:

(1)

Drive-in components of any business;

(2)

Buildings over 20,000 square feet;

(3)

Fitness facility, exercise or health club;

(4)

Other similar service activities where integrated within a primary use structure and oriented towards serving the individuals employed within or served by the primary use structure. Such use may include newspaper, card and gift shop, florist, restaurants or cafeteria (excluding drive-through facilities and limited to ten percent of any floor area of any building).

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 2008, § 122-193; Ord. No. 373-C, § 2, 11-24-2009)

Lot and height requirements for the O-1 district are as follows:

(1)

Impervious surface coverage. Maximum impervious surface coverage is 70 percent.

(2)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Any buildings or structures higher than 55 feet must obtain a variance by the city council. Facilities owned by the city are exempt from the height regulations.

(Code 2008, § 122-194; Ord. No. 373-C, § 2, 11-24-2009)

Minimum yard requirements for the O-1 district are as follows:

(1)

Front yard. The minimum front yard setback shall be 25 feet.

(2)

Side yard. The minimum side yard setback shall be ten feet. On corner lots, a street-side yard setback of 25 feet shall be maintained.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a permitted or conditional office use abuts a residential use, the use shall provide a landscaped buffer strip along the abutting property line in accordance with commercial uses as required in chapter 123.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 2008, § 122-195; Ord. No. 373-C, § 2, 11-24-2009)

The purpose of the C-1 district is to provide light retail sales and services which would not be detrimental to adjacent residential districts.

(Code 1998, § 122-201; Code 2008, § 122-201; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan is required for uses in the C-1 district and must be approved by the administrative official.

(Code 1998, § 122-202; Code 2008, § 122-202; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

(a)

Generally. Permitted uses in the C-1 district are as follows:

(1)

Retail businesses which supply commodities on the premises, such as, but not limited to, groceries, baked goods or other foods, drugs, dry goods, clothing, decorations, hardware, furniture, appliances, sporting goods, flowers, etc.

(2)

Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. Permanent makeup service may be allowed as an accessory use; with medical supervision, within an existing salon, beauty shop, barbershop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition.

(3)

Professional offices, doctor offices, banks, loan companies, insurance and real estate offices, and similar businesses.

(4)

Dwelling units permitted in the R-3 district, provided that they meet the regulations of the R-3 district.

(5)

Buildings, structures and uses maintained or operated by the city.

(6)

Lodges and clubs.

(7)

Churches and places of religious worship, less than one acre or 5,000 square feet or less.

(8)

Restaurants.

(9)

Shopping centers. Any group of businesses with shared parking or in which the total land area of the development is less than five acres.

(10)

Medical marijuana dispensaries.

(b)

Floor space. Any business establishment or structure proposing to occupy more than 5,000 square feet of floor space shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan.

(c)

Uses to be enclosed; outdoor storage. All uses must be within a completely enclosed building, except for outdoor storage, which must be screened from public streets and adjacent property.

(d)

Sidewalk use.

(1)

Restaurant or food service business establishments may utilize the outside private sidewalk area adjacent to the business for patron use to include non-fastened small tables and chairs or benches during business hours only. Businesses which utilize this type of sidewalk use shall maintain at least a four-foot-wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act (ADA). Where such four-foot open space is not available, table or chairs shall not be allowed. All such uses shall be approved by the applicable city administrator. Number and size limitations are as follows:

a.

Limited to 50 percent of restaurant frontage as approved by the planning and development services department.

b.

Maximum number of tables and chairs; four tables with maximum four chairs each.

c.

Maximum table width; four feet.

d.

Umbrellas may be utilized, provided they adhere to the four-foot clearance for Americans with Disabilities Act (ADA) access and do not have any advertising unless approved by the planning and development services department.

(2)

Restaurants or similar food service business establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions:

a.

Site plan approval is required by the site review committee. Location and any separation from other uses; sidewalks, parking, landscape, and so forth, must be demonstrated and maintained.

b.

Separation or isolation from other uses may be provided with decorative fencing; no chain link is permitted, landscaping, or similar materials as approved by the site review committee.

c.

Outdoor seating cannot exceed more than half the total square feet or number of seats; whichever is less, of the indoor seating area.

d.

Any outdoor seating shall be provided for with approved parking spaces according to the land development code.

e.

All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act (ADA) accessibility.

f.

No advertising shall be permitted on table umbrellas or fencing material unless approved by the planning and development services department.

g.

Required landscaping must be maintained in accordance with the city land development code.

(Code 1998, § 122-203; Code 2008, § 122-203; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2020-25, § 4, 7-14-2020; Ord. No. 2025-014, § 3, 5-27-2025)

(a)

Conditional uses in the C-1 district are as follows:

(1)

Retail businesses, personal service establishments, professional offices, lodges and clubs and churches greater than 5,000 square feet; provided, however, that no retail establishment may occupy more than 100,000 square feet.

(2)

Public or semipublic facilities or structures not maintained or operated by the city and not listed under permitted uses; such as operated by any other unit of government.

(3)

Utility facilities; such as electrical transformers, gas regulator stations; and so forth.

(4)

Hospitals, clinics, nursing homes, and funeral homes.

(5)

Nursery schools, kindergartens or childcare centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met.

(6)

Cemeteries.

(7)

Private schools.

(8)

Mobile home parks per article V of this chapter.

(9)

Planned unit developments per article IV of this chapter.

(10)

Convenience stores and gas stations.

(11)

Laundries.

(12)

Automobile and truck services.

(13)

Lounges.

(14)

Bed and breakfast inns per article V of this chapter.

(15)

Shopping centers; any group of businesses with shared parking or in which the total land area of the development five acres or more.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-204; Code 2008, § 122-204; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § I, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013)

Lot and height requirements for the C-1 district are as follows:

(1)

Impervious surface coverage. Maximum impervious surface coverage is 80 percent.

(2)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-205; Code 2008, § 122-205; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122-205, 10-23-2007)

Minimum yard requirements for the C-1 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback shall be 12 feet. On corner lots, a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional or commercial use abuts a residential use, the conditional or commercial use shall provide a landscaped buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-206; Code 2008, § 122-206; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 355-C, § 122-206, 10-23-2007; Ord. No. 2013-04, § 2, 2-26-2013)

The C-2 district is intended for full-scale retail sales and service needs of the community.

(Code 1998, § 122-221; Code 2008, § 122-221; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan is required for uses in the C-2 district and must be approved by the administrative official.

(Code 1998, § 122-222; Code 2008, § 122-222; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

(a)

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

(1)

Retail businesses. Any retail business or service, including the sale of goods and services for resale, as long as it is incidental to and in conjunction with a retail business.

(2)

Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaning establishments. Permanent makeup service may be allowed as an accessory use; with medical supervision, within an existing salon, beauty shop, barbershop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition.

(3)

Professional offices, doctors' offices, banks, loan companies, insurance and real estate offices, and similar businesses.

(4)

Recreation facilities, theaters, including drive-ins, bowling alleys, skating rinks, billiard halls, miniature golf courses, driving ranges and tourist attractions.

(5)

Restaurants and lounges.

(6)

Buildings, structures or uses maintained or operated by the city.

(7)

No retail establishment may occupy more than 100,000 square feet.

(8)

Lodges and clubs.

(9)

Laundries.

(10)

Hotels and motels.

(11)

Convenience stores and gas stations.

(12)

Shopping centers. Any group of businesses with shared parking or in which the total land area of the development is less than ten acres.

(13)

Nursery schools, kindergartens or childcare centers; provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met.

(14)

Medical marijuana dispensaries.

(b)

Floor space. Any business establishment or structure proposing to occupy more than 20,000 square feet of floor space shall require a conditional use permit. The floor area ratio for any structure shall not exceed that identified by policies of the adopted comprehensive plan.

(c)

Uses to be enclosed; outdoor storage. All uses must be conducted within a completely enclosed building; except for outdoor storage, which must be screened from a public street and adjacent property.

(d)

Sidewalk use.

(1)

Restaurant or food service business establishments may utilize the outside private sidewalk area adjacent to the business for patron use, to include non-fastened small tables and chairs or benches during business hours only. Businesses which utilize this type of sidewalk use shall maintain at least a four-foot-wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act. Where such four-foot open space is not available, table or chairs shall not be allowed. All such uses shall be approved by the applicable city administrator. Number and size limitations are as follows:

a.

Limited to 50 percent of restaurant frontage as approved by the development services department.

b.

Maximum number of tables and chairs; four tables with a maximum of four chairs each.

c.

Maximum table width; four feet.

d.

Umbrellas may be utilized provided they adhere to the four-foot clearance for Americans with Disabilities Act access and do not have any advertising.

(2)

Restaurants or similar food service business establishments with larger outdoor seating area available that can be isolated may be permitted with the following provisions:

a.

Site plan approval is required by the site review committee. Location and any separation from other uses; sidewalks, parking, and landscape for example, must be demonstrated and maintained.

b.

Outdoor seating cannot exceed more than half the total square feet or number of seats, whichever is less, of the indoor seating area.

c.

All sidewalks and pedestrian access areas shall maintain Americans with Disabilities Act accessibility.

d.

No advertising shall be permitted on table umbrellas or fencing material unless approved by the city administrative official.

e.

Required landscaping must be maintained in accordance with the city land development code.

(Code 1998, § 122-223; Code 2008, § 122-223; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § II, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2016-27, § 2, 6-28-2016; Ord. No. 2020-25, § 4, 7-14-2020; Ord. No. 2025-014, § 3, 5-27-2025)

(a)

Conditional uses in the C-2 district are as follows:

(1)

Manufacturing, provided such manufacturing employs not more than five persons and is incidental, complementary to, and in conjunction with a retail business or service.

(2)

Shopping centers; any group of businesses with shared parking or in which the total land area of the development is ten acres or more.

(3)

Agricultural service operations.

(4)

Public or semipublic facilities or structures not operated by the city and not listed as a permitted use.

(5)

Utility facilities; such as electric transformers, gas regulator stations, and so forth.

(6)

Recreational vehicle parks.

(7)

Hospitals, clinics, and nursing homes.

(8)

Automobile and truck repair garages; and painting, welding and body shops.

(9)

Dwelling units, provided that the requirements of the R-3 zone are met, mobile home parks per article V of this chapter, and planned unit developments per article IV of this chapter.

(10)

Kennels or veterinary clinics, provided that all animal services and confinement areas; including runs, are in air conditioned and sound-attenuated buildings.

(11)

Churches, funeral homes and cemeteries.

(12)

Retail establishments more than 100,000 square feet.

(13)

Private schools.

(14)

Bus terminals, major equipment sales, manufactured housing sales, travel trailer and recreational vehicle sales.

(15)

Bed and breakfast inns.

(16)

Automobile and truck services, carwashes, and automobile, truck, boat and farm equipment sales.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which; after consideration by the planning and zoning commission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-224; Code 2008, § 122-224; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § III, 4-13-1999; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2013-04, § 2, 2-26-2013; Ord. No. 2016-27, § 2, 6-28-2016; Ord. No. 2025-004, § 2, 1-28-2025)

Lot and height requirements for the C-2 district are as follows:

(1)

Impervious surface coverage. Maximum impervious surface coverage is 80 percent.

(2)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-225; Code 2008, § 122-225; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122-225, 10-23-2007)

Minimum yard requirements for the C-2 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback is 12 feet. On corner lots where a side yard setback of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets and 12 feet on the interior side yard. However, a side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential.

(3)

Rear yard. The minimum rear yard setback is 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When a conditional or commercial use abuts a residential use, the conditional or commercial use shall provide a landscaped buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-226; Code 2008, § 122-226; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000; Ord. No. 306-C, § 2, 3-27-2001; Ord. No. 355-C, § 122-226, 10-23-2007; Ord. No. 2013-04, § 2, 2-26-2013)

The intent of the CBD district is to enhance the harmonious mixture of residential, commercial, professional, institutional and governmental enterprises in the central business district while providing a unique and enjoyable shopping and activity center for the city. Lot and building regulations are intended to allow intensive development and encourage uses requiring a central location.

(Code 1998, § 122-241; Code 2008, § 122-241; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan is required for uses in the CBD district and must be approved by the administrative official.

(Code 1998, § 122-242; Code 2008, § 122-242; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

(a)

Generally. Permitted uses in the CBD district are as follows:

(1)

Retail businesses which supply commodities on the premises, such as, but not limited to, groceries, baked goods or other foods, drugs, dry goods, clothing, decorations, hardware, furniture, appliances, sporting goods, flowers, etc.

(2)

Personal service establishments, such as, but not limited to, beauty shops or barbershops, tailor or dressmaking shops, shoe repair, music, dancing and photographic studios and dry cleaners. Permanent makeup service may be allowed as an accessory use (with medical supervision) within an existing salon, beauty shop, barbershop, medical office, or similar use. Such service shall be limited to the face area and would consist of cosmetic permanent makeup for eyeliner, eyebrow and mouth/lip liner definition.

(3)

Professional offices, doctors' offices, banks and loan companies (excluding drive-through facilities except with a conditional use permit), insurance and real estate offices and similar businesses.

(4)

Dwelling units, single-family and two-family, permitted in the R-2 district, and other residential uses as permitted in the R-3 district, provided that lot size and coverage regulations of the respective district can be accommodated and the lot width of this district is met.

(5)

Buildings, structures and uses maintained or operated by the city.

(6)

Lodges and clubs.

(7)

Restaurants.

(8)

Medical marijuana dispensaries.

(b)

Floor space. Any business establishment or structure proposing to occupy more than 6,000 square feet of total floor space or more shall require application for a conditional use permit.

(c)

Uses to be enclosed, outdoor storage. All uses must be within a completely enclosed building, except for outdoor storage, which must receive site plan approval and be screened from public streets and adjacent property.

(d)

Sidewalk use. Business establishments may utilize outside private or public sidewalk area for patron use to include non-fastened small tables and chairs, or benches during business hours only. Compact outside display areas may also be utilized provided the display has a maximum width of 25 percent of a retail store width or ten feet in width, whichever is less, four feet in depth, and six feet in height. Businesses which utilize this type of sidewalk use shall maintain at least a four-foot-wide open area for passage from one property to the next, from the inside of any curb toward the business front, and in accordance with the Americans with Disabilities Act. Where such four-foot open space is not available, table and chairs or displays shall not be allowed. All such uses shall be approved by the city manager or designee.

(Code 1998, § 122-243; Code 2008, § 122-243; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 355-C, § 122-243, 10-23-2007; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2014-24, § 2, 9-23-2014; Ord. No. 2020-25, § 4, 7-14-2020; Ord. No. 2025-014, § 3, 5-27-2025; Ord. No. 2025-001, § 2, 2-25-2025)

(a)

Conditional uses in the CBD district are as follows:

(1)

Retail businesses, personal service establishments and professional offices occupying more than 6,000 square feet of total floor area or more, provided, however, that no retail establishment may occupy more than 100,000 square feet.

(2)

Public or semipublic facilities or structures not maintained or operated by the city and not listed under permitted uses (i.e., operated by any other governmental unit).

(3)

Utility facilities (i.e., electrical transformers, gas regulator stations, etc.).

(4)

Hospitals, clinics, adult congregate living facilities and nursing homes that provide treatment of human ailments or personal care operations.

(5)

Nursery schools, kindergartens or childcare centers, provided the outdoor play area is enclosed by a fence at least four feet high and all state requirements are met.

(6)

Private schools.

(7)

Funeral homes.

(8)

Convenience stores and gas stations, provided on-site parking requirements are met.

(9)

Laundries.

(10)

Automotive service stations, provided on-site parking requirements are met.

(11)

Lounges.

(12)

Bed and breakfast inns as provided in article V of this chapter.

(13)

Theaters, cinemas and auditoriums.

(14)

Churches.

(15)

Planned unit developments.

(b)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-244; Code 2008, § 122-244; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § IV, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 333-C, § 4, 3-23-2004; Ord. No. 2014-24, § 2, 9-23-2014; Ord. No. 2025-001, § 2, 2-25-2025)

Lot and height requirements for the CBD district are as follows:

(1)

Impervious surface coverage and floor area ratio. The maximum is 100 percent, provided requirements for stormwater retention can be satisfied.

(2)

Stormwater abatement requirements.

a.

Except as otherwise provided in this section, each structure and land use located within the designated central business district shall provide or be provided with a stormwater abatement system in conformance with level of service standards as provided in the adopted city comprehensive plan. In lieu of providing all of the required stormwater abatement system, development within the central business district may substitute for provision of such a system by payment of a one-time stormwater abatement fee as set forth by resolution of the city council and on file in the city clerk's office. Such fee shall be payable in full to the city prior to the issuance of any development permit for the site. An approved site plan, data and calculations shall be provided which shall indicate the entire volume of stormwater that is required to be retained and shall indicate the volume of stormwater that will be exchanged for the central business district stormwater abatement fee.

b.

Reservation of stormwater retention area capacity shall be considered effective for a period of one year from the date of receipt of the stormwater abatement fee. One extension, not to exceed 180 days, may be granted upon written approval of the administrative official. Such approval shall be based upon a finding of fact that substantial construction of the project has commenced, and that a certificate of occupancy can be reasonably expected to occur within the 180-day extension period.

c.

Required stormwater abatement systems shall be located on the same parcel as the use they are intended to serve, except those exchanged for the central business district stormwater abatement fee. A stormwater abatement plan, including data and calculations signed and sealed by a professional engineer licensed in the state, shall be provided with all applications for individual development approval. All stormwater abatement systems shall be designed and constructed in accordance with the city's adopted engineering standards and criteria.

(3)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Facilities owned by the city are exempt from the height regulations.

(4)

Lot width. The minimum lot width for a single-family dwelling unit and other residential uses shall be 100 feet located on a publicly maintained street.

(Code 1998, § 122-245; Code 2008, § 122-245; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 355-C, § 122-245, 10-23-2007)

Minimum yard requirements for the CBD district are as follows:

(1)

Front yard. The minimum front yard setback for single-family and two-family dwelling units on all streets shall be 25 feet. The minimum front yard setback for other residential uses and nonresidential uses shall be zero feet.

(2)

Side yard. The minimum side yard setback for single-family and two-family dwelling units shall be 7½ feet, except on corner lots, where 25 feet shall be required on all sides adjacent to any road rights-of-way. The minimum side yard for other residential uses and nonresidential uses shall be zero feet.

(3)

Rear yard. The minimum rear yard setback for single-family and two-family dwelling units shall be 25 feet. The minimum rear yard setback for other residential uses and nonresidential uses shall be zero feet.

(4)

Other setbacks. The building line for any lakefront property shall be measured from the established 100-year floodplain elevation as determined from national flood insurance rate maps (FIRM) of the Federal Emergency Management Agency (FEMA).

(5)

Roof projections. Properties located within the central business district may have roof projections (eaves) extending over public rights-of-way. However, such roof projections shall not be less than eight feet above ground level or the finished first floor elevation, whichever is greater, and shall not extend more than eight feet over the public right-of-way, or two feet from the back of the curb, whichever is less. Nothing in this subsection shall be construed to allow roof projections over public streets, alleys or parking areas which would inhibit or impair the free flow of traffic.

(Code 1998, § 122-246; Code 2008, § 122-246; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

(a)

Principal use location; number of parking spaces. Except as otherwise provided in this section, each principal use located within the designated central business district shall provide or be provided with the indicated number of off-street parking spaces according to the following schedule. Those uses which base required parking allocation on seating capacity, numbers of beds, numbers of employees and numbers of staff members shall submit specific data and calculations at the time of application for conditional use permit approval.

(b)

Parking space credits. In an effort to foster revitalization and enhancement of the central business district, parking space credits shall be granted to existing structures and vacant land in the following manner:

(1)

Existing structures located in the central business district shall be given a parking space credit equal to the parking space requirements for the current use of the structure. For structures with more than one use, calculation of the credit is based on the amount of square footage devoted to each particular use.

(2)

For existing nonresidential structures, no additional parking spaces shall be required for a change in use to another nonresidential use, provided the square footage remains the same.

(3)

Residential uses changing to nonresidential must provide parking equivalent to those nonresidential uses as required by this section.

(4)

All vacant parcels changing to either residential or nonresidential must provide parking equivalent to those residential or nonresidential uses as required by this section.

(5)

Parking spaces and/or parking space credits shall remain the sole possession of the property for which they were initially provided. Parking space credits shall not be transferable from one business location to another business location.

(6)

Single-family residential structures and vacant parcels shall be given credit for two spaces and multifamily structures shall be given credit for 1.5 spaces per unit.

(c)

Determination for unlisted uses or alternative parking. If the proposed use is not listed or compatible with a use listed in the table of minimum parking space requirements, the planning director, who after consultation with the site review committee, shall make a determination of the appropriate parking for the proposed use. In reaching the determination, the director shall consider and be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed use, parking requirements of such uses in other jurisdictions, special conditions or situations of the proposed use, or a combination of sources.

(Code 1998, § 122-247; Code 2008, § 122-247; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § I, 5-26-1998; Ord. No. 373-C, § 2, 11-24-2009; Ord. No. 2010-05-C, § 2, 3-23-2010; Ord. No. 2025-001, § 2, 2-25-2025)

(a)

Generally.

(1)

Except as otherwise provided in this section, landscaping criteria required for all development in the CBD district shall be as stated in chapter 123. The overall intent is to provide for required landscaping, buffers and tree protection in certain developments, redevelopments and areas to be developed within the city. The general purpose is to enhance aesthetic appearance, preserve the environmental and ecological benefits of trees and other endemic (native) vegetation, and provide standards for required landscaping, including buffers between adjacent uses and off-street parking areas, and provide for general maintenance requirements that apply to all landscaped areas.

(2)

Landscaping, landscaped areas, buffers and tree protection shall be provided and accomplished for all real properties in the manner set forth in chapter 123. The minimum provisions required may be exceeded.

(3)

When a conditional or commercial use is developed and abuts a residential area or use, the conditional or commercial use shall provide a landscaped buffer strip along all abutting property lines in conformance with chapter 123.

(4)

Notwithstanding criteria specified by chapter 123, development within the central business district shall provide landscaping consistent with any formally adopted comprehensive tree plan or streetscape plan pursuant to the prescribed study of the city tree board or studies of the city beautification committee.

(5)

Prior to the issuance of any permit for development or redevelopment which is included under the provisions of this division, a site plan shall be submitted to and approved by the city. No permit shall be issued for such development or redevelopment unless such site plan complies with the provisions of this division, and no certificate of occupancy shall be issued until the landscaping is complete. It shall be unlawful to occupy the premises unless the landscaping is installed in accordance with the approved site plans and the requirements of this division.

(b)

Landscape plan and irrigation plan required.

(1)

A landscape plan showing proposed landscaped areas shall be submitted for review and approval by the city. Such plan shall be required for all new development, and, if required, with the application for a building permit for rehabilitation or renovation projects.

(2)

An irrigation plan shall be submitted for review and approval by the city in all instances where a landscape plan is required. Such plan shall indicate use of a low-volume irrigation system designed specifically for the proposed landscape installation, delineate zones if proposed, and clearly illustrate compliance with the required building plan and site approval process. A city-approved backflow prevention device and rain sensor gauge shall be required in conformance with mandated state regulations.

(c)

Installation and specifications.

(1)

Installation of landscape material shall strictly be in accordance with the approved landscape plan. Any request for substitution or relocation of materials shall be submitted in writing, along with a revised plan, to the city for subsequent review and approval. All plant material shall be planted in a manner which is not intrusive to utilities or pavement.

(2)

All specifications for the quality and installation of landscaping shall be in accordance with American Standards for Nursery Stock published by the American Association of Nurserymen and conform to the standards for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, Part I, current edition, and Part II, published by the state department of agriculture.

(3)

All specifications for measurement, quantity and location of required landscaping shall be in accordance with chapter 115 unless otherwise prescribed in this section.

(d)

Exemptions.

(1)

Properties which have optioned to participate entirely in the stormwater abatement fee program and the off-street parking requirement fee program and have maximized impervious surface coverage to 100 percent of the site, are not required to provide on-site landscaping in conformance with this section and chapter 115. This exemption does not, however, abrogate compliance with any sanctioned comprehensive tree plan or streetscape plan pursuant to prescribed studies of the city tree board or the city beautification committee.

(2)

Properties which have partially optioned site development pursuant to the programs referenced in subsection (d)(1) of this section shall be required to submit a landscape plan for review and approval of the city site review committee. Installation, quality and quantity of landscape material for stormwater retention areas shall be accomplished in the same manner as that for required off-street parking areas.

(Code 1998, § 122-248; Code 2008, § 122-248; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

Editor's note— Ord. No. 2024-014, § 4, adopted April 23, 2024, repealed § 125-375, which pertained to density and derived from Code 2008, § 122-249; Ord. No. 2017-22, § 2, adopted Feb. 28, 2017; and Ord. No. 2020-22, § 2, adopted June 23, 2020.

The M-1 district is intended for industrial uses of such a nature that they do not create problems of compatibility with adjacent land uses.

(Code 1998, § 122-261; Code 2008, § 122-261; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

A site plan is required for uses in the M-1 district and must be approved by the administrative official.

(Code 1998, § 122-262; Code 2008, § 122-262; Ord. No. 281-C, § 1(ch. 7), 11-8-1994)

(a)

Generally. Permitted uses in the M-1 district are as follows:

(1)

All uses permitted in C-2 General Commercial District, provided they meet the regulations of the C-2 district.

(2)

Light manufacturing: Generally recognized light industries engaged in manufacturing, assembly or packing. All manufacturing work must be conducted within a completely enclosed building with a total maximum floorspace of 7,000 square feet.

(3)

Wholesale enterprises and establishments engaged in warehousing, with or without retail sales, such as, but not limited to, lumber and building material yards, and electrical and plumbing supplies.

(4)

Offices or technical training enterprises.

(5)

Field crops, orchards and nurseries.

(6)

Buildings, structures or uses maintained or operated by the city.

(7)

Automobile and truck repair garages, and painting, welding and body shops.

(b)

Dwelling units. No dwelling unit shall be erected except for sleeping quarters of a watchman or as part of a planned unit development. The watchman's quarters shall be considered an accessory use which shall not exceed 600 square feet of living area. The watchman's quarters shall be constructed as a portion of the principal structure and shall be located above or at the rear of the principal structure.

(c)

Uses to be enclosed; outdoor storage. All manufacturing or commercial uses must be conducted within a completely enclosed building, except for outdoor storage, which must be screened from a public street and adjacent property.

(Code 1998, § 122-263; Code 2008, § 122-263; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 299-C, § 2, 6-27-2000)

(a)

Conditional uses in the M-1 district are as follows:

(1)

Airports.

(2)

Junkyards.

(3)

Planned unit developments per article IV of this chapter.

(4)

Utility facilities (i.e., electric transformers, gas regulator stations, etc.).

(5)

Adult entertainment establishments.

(6)

Residential storage warehouses where storage facility uses are exclusively for storing excess personal property generally stored in residential accessory buildings. This shall not include the storage of manufacturing or commercial products.

(7)

Conditional uses of the C-2 General Commercial District not specifically listed as a permitted use in the M-1 light commercial district, provided they meet the regulations of the C-2 district.

(b)

Other manufacturing or wholesale uses not listed as a permitted use may be considered as a conditional use, provided the requirements of chapter 101, article III, division 3, and the following conditions are met:

(1)

The use is so located, site-planned and designed to avoid undue noise, odor, smoke, explosive hazards or any other nuisances or dangers to abutting properties.

(2)

Adequate waste treatment, roadways and utilities can be provided.

(3)

All applicable local, state and federal regulations regarding such use can be met.

(4)

No wholesale or retail establishment may occupy more than 100,000 square feet.

(c)

In case of uncertainty of the classification of any public use, uses may be permitted which, after consideration by the planning and zoning commission and approval of the city council, are not more obnoxious to the district than the uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 1998, § 122-264; Code 2008, § 122-264; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 292-C, § V, 4-13-1999; Ord. No. 299-C, § 2, 6-27-2000; Ord. No. 370-C, § 3, 11-24-2009; Ord. No. 2016-48, § 3, 11-8-2016; Ord. No. 2017-32, § 2, 9-26-2017; Ord. No. 2025-005, § 2, 1-28-2025)

Lot and height requirements for the M-1 district are as follows:

(1)

Impervious surface coverage. Maximum impervious surface coverage is 80 percent.

(2)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to church spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials and may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations.

(Code 1998, § 122-265; Code 2008, § 122-265; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 287-C, § II, 5-26-1998; Ord. No. 294-C, § 2, 9-28-1999; Ord. No. 355-C, § 122-265, 10-23-2007)

Minimum yard requirements for the M-1 district are as follows:

(1)

Front yard. Property adjacent to Hartwood Marsh Road, SR 50 and U.S. Highway 27 shall maintain a 50-foot setback. The setback on all other streets shall be 25 feet.

(2)

Side yard. The minimum side yard setback shall be 12 feet except on corner lots where a side yard setback of 50-feet shall be maintained on Hartwood Marsh Road, SR 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be maintained from all other streets. A side setback of 25 feet shall be maintained on the side adjacent to property that is either zoned or used as residential.

(3)

Rear yard. The minimum rear yard setback shall be 25 feet except where a rear yard abuts Hartwood Marsh Road, SR 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line of lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Buffer strip. When an industrial or commercial use abuts a residential use, the industrial or commercial use shall provide a landscaped buffer strip along the abutting property line.

(5)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 25 feet from established high-water marks. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 1998, § 122-266; Code 2008, § 122-266; Ord. No. 281-C, § 1(ch. 7), 11-8-1994; Ord. No. 298-C, § 2, 6-27-2000)

The CD district is intended to provide for commerce and workforce oriented development; low impact/high-tech manufacturing uses; light industrial; professional and corporate offices; major health care facilities; businesses that provide services or goods to a regional, national or global market; educational, research and technical institutions and schools; city or county infrastructure and support systems or services including spray fields, rapid infiltrations basin systems (RIBs). This district is intended to allow preexisting uses to remain and permit agricultural uses in an environment that is compatible with the surrounding natural resources, until such time that development with a conditional use permit and approved site plan is processed. More intense uses and development of the property are necessary to promote the general welfare and to secure economic and coordinated land use. Such master planned development must have a high level of transportation access; adequate public services and facilities; strong market demand factors for commerce development uses such as office, health services, research, and/or low-impact high-tech manufacturing uses; and practical land assembly patterns.

(Code 2008, § 122-270; Ord. No. 2010-09-C, § 2, 8-24-2010)

Permitted uses in the CD district are as follows:

(1)

Buildings, structures or uses maintained or operated by the city.

(2)

Public or semipublic facilities or structures not maintained by the city (i.e., operated by another unit of government). Such uses may include city or county infrastructure and support systems or services including storage facilities, spray fields, rapid infiltrations basin systems (RIBs), and similar systems.

(Code 2008, § 122-271; Ord. No. 2010-09-C, § 2, 8-24-2010)

(a)

Conditional uses in the CD district are as follows:

(1)

Utility facilities (i.e., electric transformers, natural gas regulator stations, etc.).

(2)

Planned unit developments per article IV of this chapter.

(3)

Primary or secondary public or private school. Organization formed and chartered for instructional purposes at a primary or secondary level, approved under regulations of the state. Does not include child daycare businesses.

(4)

College or university. An institution of higher education offering undergraduate or graduate degrees including community colleges.

(5)

Cultural institution. Public or private nonprofit facility providing cultural services to the public. Typical uses may include museums, libraries, and observatories.

(6)

Publicly owned recreational facilities that may include both active and passive facilities.

(7)

Master planned developments in accordance with the future land use element and with a conditional use permit and approved site plan.

(b)

Primary commerce type uses shall include commerce and workforce oriented development; low impact/high-tech manufacturing uses; light industrial; professional and corporate offices; major health care facilities such as hospitals, outpatient surgical care or diagnostic centers; businesses that provide services or goods to a regional, national or global market; educational, research and technical institutions.

(c)

Secondary or support uses may include commercial, hotel, primary/secondary schools and personal services. Uses shall be limited to no more than 25 percent of the net land area of the individual master planned development and shall, wherever possible, be included within the building, building footprint or building site of a primary use. These uses shall be developed after the completion of a significant portion of the principal development. Maximum amounts of development within the support use category shall be established upon approval of the special area plan.

(d)

In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council, are not more obnoxious to the district than uses provided in this section. All conditional uses must be provided per chapter 101, article III, division 3.

(Code 2008, § 122-272; Ord. No. 2010-09-C, § 2, 8-24-2010)

Lot and height requirements for the CD district are as follows, unless preexisting conditions existed upon original annexation:

(1)

Lot size. A minimum usable land area of not less than five acres is required for any use not in a master planned development.

(2)

Lot width. Minimum lot width is 300 feet measured at the building setback line, and 200 feet measured along the property lines contiguous to any street or highway, for any use not in a master planned development.

(3)

Impervious surface coverage. All commerce master planned development shall have a maximum impervious surface coverage of 40 percent, exclusive of required open space and conservation areas.

(4)

Wetlands.

a.

No development shall occur in wetlands or floodplain areas unless determined by the site review committee that such areas cannot be avoided for road right-of-way or utilities. Such use must be mitigated in accordance with the land development code.

b.

All developable land shall be based on net developable acreage, rather than gross (gross acreage less all wetlands, floodplains or open space/conservation areas).

(5)

Development within commerce districts.

a.

A minimum of 60 percent open space, in addition to wetlands and floodplains, shall be preserved as open space and conservation areas and left natural or untouched as preservation for aquifer recharge. This may include preexisting agricultural uses. Minor ground work may be performed with site review committee approval, if it is determined to enhance the preservation and aquifer recharge of the area. Public or semipublic facilities as described in this article shall be exempt from this requirement.

b.

The maximum impervious surface coverage shall be 40 percent with all buildings, walkways and parking lots.

c.

Linear open space areas such as roadway medians or right-of-way may not count toward required park, open space or conservation areas.

d.

Passive recreational uses may be permitted with a conditional use permit within open space and conservation areas with site plan approval as part of a master planned development.

(6)

Height. Maximum height of 55 feet shall be allowable for the finished height of all buildings or structures, including architectural features. The height limitations of this chapter shall also apply to spires, belfries, cupolas and domes not intended for human occupancy and may be a maximum of 55 feet in height. Monuments, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flagpoles and radio or television transmission towers or aerials may be a maximum 55 feet in height and approved by the city council through the conditional use procedure. Facilities owned by the city are exempt from the height regulations.

(Code 2008, § 122-273; Ord. No. 2010-09-C, § 2, 8-24-2010)

Minimum yard requirements for the CD district are as follows:

(1)

Front yard. Property adjacent to State Road 50 or U.S. Highway 27 shall maintain a 50-foot setback. On all other streets the setback shall be 35 feet.

(2)

Side yard. The minimum side yard setback on interior lots shall be 35 feet. On a corner lot the side yard setback shall be 50 feet on State Road 50 or U.S. Highway 27 and 35 feet on the side adjacent to any other street.

(3)

Rear yard. The minimum rear yard setback is 35 feet, except where a rear yard abuts State Road 50 or U.S. Highway 27, a setback of 50 feet shall be maintained. The rear building line on lakefront property shall be measured from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(4)

Building to building. Building-to-building setbacks shall be established during the site plan review process in accordance with applicable regulations.

(5)

Buffer strip. When a conditional use abuts a residential use, the conditional use shall provide a landscaped buffer strip along the abutting property line in accordance with the land development code. Increased landscaping, decorative wall or other treatments may be required by the site review committee.

(6)

Other setbacks. All yard setbacks for principal buildings shall be a minimum of 35 feet from the established high-water mark. No construction encroachment may occur in any designated 100-year floodplain except in accordance with policies of the adopted comprehensive plan and after formal approval of a site development plan by the administrative official.

(Code 2008, § 122-274; Ord. No. 2010-09-C, § 2, 8-24-2010)

The purpose of a PR Parks and Recreation District is to designate and ensure that publicly owned areas of the city are preserved for park, open space, and recreational purposes for the benefit of the residents and the overall environment.

(Code 2008, § 122-280; Ord. No. 368-C, § 2, 9-22-2009)

Permitted uses in the PR district are as follows:

(1)

Publicly owned recreational facilities that may include both active and passive facilities.

(2)

Conservation and wetland floodplain areas.

(Code 2008, § 122-281; Ord. No. 368-C, § 2, 9-22-2009)

All development on city property that are erected within this district shall be approved by the city council following a public hearing after receiving recommendations from the site review committee.

(Code 2008, § 122-282; Ord. No. 368-C, § 2, 9-22-2009)

The intent and purpose of the Wellness Way Community Design Guidelines and Standards document dated June 28, 2022, and as amended; are to provide a regulatory framework for decision makers to implement the guiding principles of the adopted Wellness Way Goal, Objectives and Policies in the City's Comprehensive Plan. All development within the Wellness Way Development District Framework Map, Figure 2.1, in the City's Future Land Use Element; shall be subject to these guidelines and standards to produce development that achieves the following:

(1)

A high quality built environment;

(2)

Significant regional employment centers;

(3)

Regional infrastructure constructed with, not after, the impacts of development;

(4)

A robust multi-modal mobility system; and

(5)

Protection of key regional natural and ecological systems

(Ord. No. 2022-019, § 2(122-295), 6-28-2022)