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Clinton City Zoning Code

DIVISION 2

DISTRICT REGULATIONS

Sec. 36-118. - A-1 Agricultural Rural Residential District.

(a)

General purpose. This district is intended to include areas of unsubdivided and undeveloped land on the edge of the city where some agricultural activities may continue to occur. The district may include areas which have a high propensity for flooding and which may be in a designated flood plain or have designated flowage easements. This district is intended to provide opportunities for development of very low-density residential subdivision (one unit or less per acre) and to encourage and protect agricultural uses until urbanization is warranted and appropriate change in district classification is made.

(b)

Permitted uses. The following are permitted uses in the A-1 Agricultural Rural Residential District:

(1)

Single-family detached dwellings.

(2)

Cemeteries.

(3)

Churches and other places of worship including parish houses, but excluding rescue missions.

(4)

Elementary and secondary schools and libraries.

(5)

Institutions devoted to educational, religious or cultural activities including convents, monasteries, church or scout camps but not including correctional institutions.

(6)

Police and fire stations.

(7)

Public and private parks, playgrounds and golf courses, excluding miniature golf courses or driving ranges as separate entities.

(8)

Agricultural uses, including, but not limited to, forages and seed crops; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; lands devoted to a soil conservation or forestry management program. Where adequate land is available, pasturing of poultry and poultry products and livestock, including beef and dairy cattle, sheep, goats, horses, swine, mules, ponies, fur-bearing animals, bees and apiary products shall be permitted, provided that any structure or building, designed for the raising, feeding or housing of these or similar animals shall not be located closer than 100 feet of an R-1, R-2, R-3, R-4 district. The following uses are specifically excluded: Feedlots, stockyards, commercial large-scale poultry facilities, animal slaughter houses.

a.

For purposes of this section, the term "feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.

b.

For purposes of this section, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots. Manure storage areas off the site of the feedlot will be considered as a feedlot for this section.

(9)

Seasonal sales of agricultural products grown on the premises. All parking must be off the road right-of-way and all structures, at the end of the season, must be removed or located in back of applicable front yard setbacks.

(10)

Home occupations.

(11)

Accessory buildings which are not part of the main building, including barns, sheds, and other farm buildings, private garages and other similar buildings used by the owner/occupant of the property.

(12)

Temporary buildings of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed.

(13)

Identification sign relating only to the use on the premises.

(c)

Conditional uses permitted on review. The following uses may be permitted on review and approval of the city planning and zoning commission and city council:

(1)

Clubhouses associated with a golf course.

(2)

Utility substations and transmission facilities.

(3)

Water reservoirs, standpipes, and elevated and ground storage tanks.

(4)

Riding stables.

(5)

Airport or landing fields, including model aircraft.

(6)

Signs and billboards.

(7)

Kennel/cattery.

(8)

Drilling for oil or natural gas or the extraction of sand, gravel, limestone, clay or minerals, provided that the operation is conducted within the provisions of applicable federal, state or other local ordinances.

(9)

Radio and television station, studio and transmission tower.

(10)

Child care, residential.

(11)

Recreation club.

(12)

Dog grooming.

(d)

Height, setback, yard and area regulations:

(1)

Minimum lot width. 150 feet.

(2)

Minimum lot depth. 150 feet.

(3)

Minimum lot area.

a.

Single-family detached residence without dog kennels, horses, cattle, chickens or similar livestock: 40,000 square feet land area.

b.

Single-family detached residence with dog kennels, horses, cattle, chickens or similar livestock: 200,000 square feet land area.

c.

Churches and places of worship: 80,000 square feet land area.

d.

Agricultural uses such as horses, cattle, kennels or other livestock: Five acres land area.

e.

Any use requiring sewer service, but not connected to public water or public sewer will require 60,000 square feet land area or larger depending on an engineering analysis approved by the county health department.

(4)

Minimum yards.

a.

Front yard. No building shall be located within 50 feet of the front property line.

b.

Side yard. No building or structure, other than fences, shall be located within 20 feet of any side property line.

c.

Rear yard. No building or structure, other than fences, shall be located closer than 20 feet from a rear property line.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 25 percent of the total lot area. Accessory buildings shall not cover more than 20 percent of the required rear yard area.

(6)

Minimum open space. Not less than 40 percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flowers and other landscaping materials which permit the absorption of stormwater.

(7)

Minimum dwelling size. Each single-family dwelling shall have a minimum of 1,000 square feet of living floor area.

(8)

Maximum structure height. Buildings and structures shall not exceed 35 feet or exceed 2½ stories in height, with the exception of agricultural storage bins, public or quasi-public buildings, water towers or radio towers which shall not be located closer than any yard requirement or a distance equal to their height to any property line if it is greater than 35 feet, whichever is greater.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-121; Ord. No. 3080, Art. II, § 1, 11-16-1993; Ord. No. 3378, § 1, 9-7-1999; Ord. No. 3440, § 2, 5-1-2001; Ord. No. 3448, § 1, 6-5-2001)

Sec. 36-119. - R-1 Single-Family Residential District.

(a)

General purpose. This is a residential district reserved for single-family detached dwellings, certain accessory structures related to but subordinate to single-family dwellings, and certain other uses necessary, desirable and appropriate in a residential neighborhood. Commercial activities are not permitted in this district except as listed in subsection (c) of this section as conditional uses permitted on review.

(b)

Permitted uses:

(1)

Single-family detached dwelling.

(2)

Accessory structures incidental to but related to a single-family residence such as a private garage or shed. Such structures shall not be rented out to persons not living on the property.

(3)

Churches, but not rescue missions or group homes.

(4)

Public schools.

(5)

Public parks.

(6)

Occupants of dwelling may cultivate flowers and vegetables for their personal consumption and enjoyment.

(7)

Temporary structures used by construction workers during construction of buildings permitted in this district may be permitted for a period of up to one year. Such structures shall be removed within 30 days of completion of work.

(8)

Home occupation.

(c)

Conditional uses permitted on review.

(1)

Residential homes as defined by RSMo 89.020 for up to eight individuals and not closer than 3,000 feet from a similar facility.

(2)

Home occupations.

(3)

Golf course and its clubhouse, but not miniature golf or driving range.

(4)

Utility substation and transmission facility.

(5)

Child care—residential.

(6)

Police and fire station.

(7)

Lodge halls and clubrooms of fraternal/veterans organizations and social clubs.

(8)

Mortuaries.

(9)

Dog grooming.

(10)

Arts and crafts shop.

(d)

Height, setback, yard and area regulations:

(1)

Minimum lot width:

a.

Interior lots: 60 feet at the building setback line with a minimum of 30 feet of street frontage.

b.

Corner lots: 75 feet minimum frontage on either street.

(2)

Minimum lot depth: 100 feet.

(3)

Minimum lot area: 6,000 square feet. Any use requiring sewer service, but not connected to the public sewer will require 40,000 square feet minimum or larger depending on an engineering analysis approved by the county health department.

(4)

Minimum yards:

a.

Front yard. No building shall be located within 25 feet of the front property line, except:

1.

Where 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 40 feet be required or less than 18 feet be permitted.

2.

No structure shall be located in the front yard between the primary building and the front property line.

b.

Side yard.

1.

Interior lots. On interior lots no building shall be located within seven feet of any side property line. The combined side yards shall be at least 15 feet. No accessory building shall be located within five feet of any side property line nor located closer to the street right-of-way than the primary building.

2.

Corner lots. On corner lots there shall be a minimum setback of 15 feet from street rights-of-way. The interior side yard shall be at least seven feet.

3.

Other. For uses, other than residential, there shall be a minimum side yard of 35 feet from either interior or exterior lot lines.

c.

Rear yard. No primary building shall be located closer than 30 feet from a rear property line. No accessory building shall be located closer than three feet from any rear property line.

d.

Driveways and off-street parking. Notwithstanding the setbacks stipulated in this section, driveways and parking areas shall be located, designed and of sufficient size so no vehicle when parked in said driveway or parking area will encroach on any public right-of-way.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 25 percent of the total lot area. Accessory buildings shall not cover more than 20 percent of the required rear yard area.

(6)

Minimum open space. Not less than 30 percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flower and other landscaping materials which permit the absorption of stormwater.

(7)

Each single-family dwelling shall have living space the greater of 900 square feet or 80 percent of the average amount of living space of the four homes nearest the dwelling. The area of the main floor of any single-family dwelling shall not exceed 175 percent of the area of the main floor of the four homes nearest the dwelling. The combined area of detached accessory buildings shall not exceed the area of the first floor of the dwelling.

(8)

Maximum structure height. Buildings and structures shall not exceed 35 feet, and shall not exceed 2½ stories in height except for churches or other public or quasi-public buildings which shall not exceed 75 feet provided that all yard requirements shall be increased by one foot for each foot the building exceeds 35 feet. The height requirements shall not apply to public water towers.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-122; Ord. No. 3080, Art. II, § 2, 11-16-1993; Ord. No. 3402, § 1, 3-7-2000; Ord. No. 3440, § 3, 5-1-2001; Ord. No. 3448, § 2, 6-5-2001; Ord. No. 3532, § 1, 5-4-2004; Ord. No. 3558, § 1, 11-2-2004; Ord. No. 3578, §§ 1—3, 7-19-2005; Ord. No. 3586, § 1, 9-20-2005; Ord. No. 3788 , § 1, 6-21-2011)

Sec. 36-120. - R-1/MH Single-Family/Manufactured Housing Residential District.

(a)

General purpose. This is a residential district intended for single-family and manufactured housing. The principle use of the land is for single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(b)

Permitted uses. The following are permitted uses in the R-1/MH Single-Family/Manufactured Housing Residential District:

(1)

Any use permitted in an R-1 Single-Family Residential District.

(2)

Manufactured housing.

(c)

Minimum requirements. The following are minimum requirements for manufactured housing:

(1)

Minimum width shall be 24 feet; minimum length shall be 32 feet.

(2)

Foundations:

a.

Footings shall extend at least 30 inches below finished grade.

b.

Homes must be placed on a permanent foundation consisting of solid concrete, concrete blocks, or a combination of these. This shall include foundation walls along the perimeter of the home.

c.

Utilities must be installed underground.

d.

All homes must be anchored in accordance with the manufacturer's recommended anchoring system.

(3)

Wheels and axles must be removed.

(4)

Towing tongue shall be removed.

(5)

Setbacks shall meet R-1 requirements (for front, sides, and rear yards).

(6)

Homes must have a pitched composition or painted metal roof having a slope of not less than one to four.

(7)

Home must be new (current year). No previously owned homes will be allowed.

(8)

Building permits are required for both foundation and placement of manufactured home.

(9)

Homes removed from lots for any reason may be replaced with current year model only, meeting all requirements of this section.

(10)

All ordinances applying to single-family homes shall apply to manufactured homes.

(11)

Building codes shall not apply to homes displaying HUD's specification certificate; however, the foundation and any attachments to the home must comply with the city's current building code.

(d)

Conditional uses permitted on review. Same as R-1 Single-Family Residential District.

(e)

Height, setback, yard and area regulations. Same as R-1 Single-Family Residential District.

(Code 1984, § 20-122.1; Ord. No. 3272, § 1, 8-5-1997)

Sec. 36-121. - R-1 SH Single-Family/Small House Residential District.

(a)

General purpose. This district is a residential district intended for single-family small houses. The principal use of the land is for single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(b)

Permitted uses.

(1)

Any use permitted in an R-1 Single-Family Residential District. Should a use consist of construction of a standard home over the 900 minimum square footage requirements, then the structure must meet all setback requirements of a single-family residential district and lot requirements.

(2)

Small house.

(c)

Conditional uses permitted on review.

(1)

Same as a single-family residential district.

(2)

Construction or placement of a small house on an existing lot not meeting current minimum lot sizes. Compliance with all setbacks are required.

(d)

New developments. Requires platting or re-platting of the property under standard platting/re-platting guidelines for developments containing two or more lots.

(e)

Height, setback, yard and area requirements.

(1)

Minimum lot width:

a.

Interior lots: 30 feet of street frontage.

b.

Corner lots: 40 feet.

(2)

Minimum lot depth: 75 feet.

(3)

Minimum lot area: 2,250 square feet.

(4)

Minimum yards:

a.

Front yard. No building shall be located within 25 feet of the front property line. No building shall be located in the front yard between the primary building and the front property line.

b.

Side yard.

1.

Interior lots. No building shall be located within seven feet of any side property line. No accessory building shall be located within five feet of any side property line.

2.

Corner lots. No building or accessory building shall be located within 15 feet of the side street right-of-way. No building shall be located within seven feet of the interior side property line. No accessory building shall be located within five feet of the interior side property line.

c.

Rear yard. No building shall be located within 25 feet of the rear property line. No accessory building shall be located within three feet of any rear property line.

(5)

The following sections shall be the same as those listed in R-1 single-family:

a.

Intensity of use.

b.

Minimum open space. The combined area of detached accessory buildings shall not exceed the area of the first floor of the dwelling.

(f)

Minimum requirements. The following are minimum requirements for small houses construction and placement:

(1)

Height. Maximum structure height two stories or 30 feet.

(2)

Living space. Maximum square footage including all floors: 900 square feet. Minimum square footage including all floors: 128 square feet.

(3)

Foundation. Must be frost proof concrete slab, crawl space or basement

(4)

Anchor. House must be anchored to withstand a minimum 90 mph wind load.

(5)

Roof. Must be pitch roof constructed of metal roofing or composite shingles.

(6)

Building code. House must meet current city adopted building code, utilizing min. standard building materials unless constructed and sealed as HUD certified. Storage buildings converted to small houses are not accepted. Units must have characteristics of a typical home.

(7)

New. Small houses not built on site, must be new (current year) and not previously lived in.

(8)

Building permits. Building permits and inspections are required for site work, foundations and houses built off-site (if not HUD certified).

(9)

Parking. Off street automobile and vehicular parking and loading areas shall be provided in accordance with section 36-222.

( Ord. No. 3923 , § 1, 4-5-2016)

Sec. 36-122. - R-2 Two-Family Residential District.

(a)

General purpose. This is a residential district intended for single- and two-family development. The principle use of the land is for a slightly higher density and mix of single-family detached housing, duplexes and zero-lot line development with related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(b)

Permitted uses. The following are permitted uses in the R-2 Two-Family Residential District:

(1)

Any use permitted in a single-family R-1 district.

(2)

Two-family dwellings.

(3)

Accessory buildings which are not a part of the main buildings, including a private garage, and uses customarily incidental to any of the above permitted uses when located on the same lot.

(4)

Temporary buildings of the construction industry which is incidental to the erection of buildings permitted in this district and which shall be removed when construction work is completed.

(c)

Conditional uses permitted on review. The following uses may be permitted on review and approval of the city planning and zoning commission and city council.

(1)

Any use permitted as uses permitted on review in an R-1 Single-Family Residential District.

(2)

Mobile home park.

(3)

Manufactured housing park.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width:

a.

Interior lots: 60 feet at the building setback line with a minimum of 30 feet of street frontage.

b.

Corner lots: 75 feet minimum frontage on either street.

(2)

Minimum lot depth: 100 feet.

(3)

Minimum lot area: 6,000 square feet for a single-family unit. For a duplex there shall be a minimum lot area of 3,000 square feet per unit.

Any use requiring sewer service, but not connected to the public sewer, will require 40,000 square feet minimum or larger depending on an engineering analysis approved by the county health department.

(4)

Minimum yards:

a.

Front yard. No building shall be located within 25 feet of the front property line, except:

1.

When 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 35 feet be required nor less than 18 feet be permitted.

2.

No building shall be located in the front yard between the primary building and the front property line.

b.

Side yard.

1.

Interior lots. For single-family on interior lots no building shall be located within five feet of any side property line. The combined side yards shall be at least 12 feet. For duplexes there shall be a minimum of 7½ feet to any side property line other than the common wall line.

2.

Corner lots. For single-family, buildings shall have a minimum side yard setback from street rights-of-way of 15 feet. The interior side yard shall be at least 7½ feet. Buildings shall have a side yard setback a minimum distance of 15 feet from street rights-of-way. Accessory buildings shall be no closer to street than the primary building. The setback to interior side lot lines shall be at least 7½ feet except for the common wall property line.

3.

Other. For uses, other than residential, there shall be a minimum side yard of 35 feet from either interior or exterior lot lines.

No building shall be located in the front yard between the primary building and the front property line.

c.

Rear yard. No primary building shall be located closer than 30 feet from a rear property line. No accessory building shall be located closer than three feet from any rear property line.

d.

Driveways and off-street parking. Notwithstanding the setbacks stipulated in this section, driveways and parking areas shall be located, designed and of sufficient size so no vehicle when parked in said driveway or parking area will encroach on any public right-of-way.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 25 percent of the total lot area. Accessory buildings shall not cover more than 20 percent of the required rear yard area.

(6)

Minimum open space. Not less than 30 percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flowers and other landscaping materials which permit the absorption of stormwater.

(7)

Minimum dwelling size. Each dwelling unit shall be not less than 650 square feet of living area, provided that a single-family detached dwelling unit shall not be less than 900 square feet of living area.

(8)

Maximum structure height. Buildings and structures shall not exceed 35 feet, and shall not exceed 2½ stories in height except for churches or other public or quasi-public buildings which shall not exceed 75 feet provided that all yard requirements shall be increased by one foot for each foot the building exceeds 35 feet. The height requirements shall not apply to public water towers.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-123; Ord. No. 3080, Art. II, § 3, 11-16-1993; Ord. No. 3578, §§ 4—7, 7-19-2005)

Sec. 36-123. - R-2/MH Two-Family/Manufactured Housing Residential District.

(a)

General purpose. This is a residential district intended for single-family, two-family, and manufactured housing. The principle use of the land is for a slightly higher density and mix of single-family detached housing, duplexes, and zero lot line development and related recreational, religious and educational facilities normally required to provide the basis elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(b)

Permitted uses. The following are permitted uses in the two-family/manufactured housing residential district:

(1)

Any use permitted in a two-family R-2 district.

(2)

Manufactured housing.

(c)

Minimum requirements. The following are minimum requirements for manufactured housing:

(1)

Minimum width shall be 24 feet. Minimum length shall be 32 feet.

(2)

Foundations:

a.

Footing shall be at least 30 inches deep.

b.

Homes must be placed on a permanent foundation consisting of solid concrete, concrete blocks, or a combination of these. This shall include foundation walls along the perimeter of the home.

c.

Utilities must be installed underground.

d.

All homes must be anchored in accordance with the manufacturer's recommended anchoring system.

(3)

Wheels and axles must be removed.

(4)

Towing tongue shall be removed.

(5)

Setbacks shall meet R-2 requirements (for front, sides, and rear yards).

(6)

Homes must have a pitched composition or painted metal roof having a slope of not less than 1:4.

(7)

Home must be new. No previously owned homes will be allowed.

(8)

Building permits are required for both foundation and placement of manufactured home.

(9)

Homes removed from lots for any reason may be replaced with current year model only, meeting all requirements of this section.

(10)

All ordinances applying to single-family homes shall apply to manufactured homes.

(11)

Building codes shall not apply to homes displaying HUD's specification certificate; however, the foundation and any attachments to the home must comply with the city's current building code.

(d)

Conditional uses permitted on review. Same as R-2 Two-Family Residential District.

(e)

Height, setback, yard and area regulations. Same as R-2 Two-Family Residential District.

(Code 1984, § 20-123.1; Ord. No. 3273, § 1, 8-5-1997)

Sec. 36-124. - R-3 Medium Density Multifamily Residential District.

(a)

General purpose. This is a residential district to provide for multiple-family developments not to exceed 12 dwelling units per acre. The principle use of the land is for one- and two-family dwellings, townhouses and garden apartments. Recreational, religious, and educational uses normally located to service residential areas are also permitted to provide the basic elements of convenient, balanced and attractive living areas.

(b)

Permitted uses. The following are permitted uses in the R-3 Medium Density Multifamily Residential District:

(1)

Any use permitted in an R-2 Two-Family Residential District.

(2)

Garden apartment.

(3)

Nursing and adult care homes housing up to 24 residents. One acre minimum lot.

(4)

Townhouse.

(5)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(c)

Conditional uses permitted on review. The following uses may be permitted on review and approval of the city planning and zoning commission and city council: Any use permitted as uses permitted on review in an R-2 Two-Family Residential District.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width.

a.

Single-family.

1.

Interior lots. 60 feet at the building set-back line, for a single-family unit, with a minimum of 30 feet of street frontage.

2.

Corner lot. 75 feet minimum frontage on either street.

b.

Duplexes and townhouses.

1.

Interior lots. There shall be a minimum of 30 feet for the two end units plus 20 for each additional unit at the building line. There shall be a minimum of 20 feet of street frontage for each unit.

2.

Corner lots. There shall be at least 35 feet for the two end units plus 20 feet for each additional unit at the building line. There shall be a minimum of 20 feet of street frontage for each unit.

c.

Multifamily units. There shall be a minimum lot width for interior lots of 70 feet and 75 feet for a corner lot at the front building line. In addition, the frontage shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the building; however, the lot width at the front building line shall not be required to exceed 150 feet; and further provided that the front lot line shall abut a street for a distance of not less than 50 feet.

(2)

Minimum lot depth. One hundred feet.

(3)

Minimum lot area.

a.

For a single-family dwelling and accessory buildings, there shall be a lot area of not less than 6,000 square feet.

b.

For a duplex or townhouse and accessory building, there shall be a lot area of not less than 3,000 square feet per dwelling unit.

c.

For multifamily dwellings with four or more dwelling units, there shall be provided a minimum lot area of 12,000 square feet for the first four units and 3,000 square feet for each additional dwelling unit over four located on the same lot.

(4)

Minimum yards.

a.

Front yard. No building shall be located within 25 feet of the front property line, except:

1.

Where 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 30 feet be required nor less than 18 feet be permitted.

2.

No building shall be located in the front yard between the primary building and the front property line.

b.

Side yard.

1.

Interior lots. On interior lots no building shall be located within seven feet of any side property line, except for common wall lot lines. The combined side yards shall be at least 15 feet.

2.

Corner lots. On corner lots there shall be a minimum side setback of 15 feet from street rights-of-way. Accessory buildings shall be no closer to street rights-of-way than the primary building. The interior side yard shall be the same as required for interior lots.

3.

Other. Churches and uses other than single-family residential dwellings, there shall be a minimum side yard of 25 feet from either interior or exterior lot lines.

c.

Rear yard. No primary building shall be located closer than 30 feet from a rear property line. No accessory building shall be located closer than three feet from any rear property line.

d.

Driveways and off-street parking. Notwithstanding the setbacks stipulated in this section, driveways and parking areas shall be located, designed and of sufficient size so no vehicle when parked in said driveway or parking area will encroach on any public right-of-way.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 35 percent of the total lot area. Accessory buildings shall not cover more than 20 percent of the required rear yard area.

(6)

Minimum open space. Not less than 20 percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flowers and other landscaping materials which permit the absorption of stormwater.

(7)

Minimum dwelling size. Each dwelling unit shall be not less than 650 square feet of living area, provided that a single-family detached dwelling unit shall not be less than 900 square feet of living area.

(8)

Maximum structure height. Buildings and structures shall not exceed 45 feet and shall not exceed three stories in height except for churches or other public or quasi-public buildings which shall not exceed 75 feet provided that all yard requirements shall be increased by one foot for each foot the building exceeds 35 feet. The height requirements shall not apply to the public water towers.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-124; Ord. No. 3080, Art. II, § 4, 11-16-1993; Ord. No. 3440, § 4, 5-1-2001; Ord. No. 3578, §§ 8—10, 7-19-2005)

Sec. 36-125. - R-4 High Density Multifamily Residential District.

(a)

General purpose. This is a residential district to provide for higher density developments representing a broad variety of housing types and densities.

(b)

Permitted uses. The following are permitted uses in the R-4 High Density Multifamily Residential District:

(1)

Any use permitted in a medium density R-3 residential district.

(2)

Garden apartment.

(3)

Nursing and similar extended adult care homes.

(4)

Roominghouses and boardinghouses.

(5)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(c)

Conditional uses permitted on review. The following uses may be permitted on review and approval of the city planning and zoning commission and city council: Any use permitted as uses permitted on review in an R-3 Medium Density Multifamily Residential District.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width.

a.

Single-family residential.

1.

Interior lots. 60 feet at the building setback line, for a single-family unit, with a minimum of 30 feet of street frontage.

2.

Corner lots. 75 feet minimum frontage on either street.

b.

Duplexes.

1.

Interior lots. There shall be a minimum of 25 feet for each unit at the building line there shall be a minimum of 15 feet of street frontage for each unit.

2.

Corner lots. There shall be at least 30 feet for each unit at the building line. There shall be a minimum of 15 feet of street frontage for each unit.

c.

Multifamily units. There shall be a minimum lot width for interior lots of 70 feet and 75 feet for a corner lot at the front building line. In addition the frontage shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the building; however, the lot width at the front building line shall not be required to exceed 150 feet; and further provided that the front lot line shall abut a street for a distance of not less than 50 feet.

(2)

Minimum lot depth. 100 feet.

(3)

Minimum lot area.

a.

For a single-family dwelling and accessory buildings, there shall be a lot area of not less than 6,000 square feet.

b.

For a duplex or townhouse and accessory building, there shall be a lot area of not less than 2,500 square feet for the first two units and 2,000 square feet for each additional dwelling unit.

c.

For multifamily dwellings with four or more dwelling units, there shall be provided a minimum lot area of 9,000 square feet for the first four units and 1,500 square feet for each additional dwelling unit over four located on the same lot.

(4)

Minimum yards.

a.

Front yard. A minimum depth of the front yard shall be 25 feet plus an additional three feet for each story above three, except;

1.

Where 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 35 feet for a three-story or less building be required, nor less than 18 feet be permitted.

2.

No building shall be located in the front yard between the primary building and the front property line.

b.

Side yard.

1.

Interior lots. On interior lots, no building shall be located within seven feet of any side property line, except for common wall lot lines. The combined side yards shall be at least 15 feet.

2.

Corner lots. On corner lots, there shall be a minimum side setback of 15 feet from street rights-of-way. The interior side yard shall be the same as required for interior lots.

3.

Other. For churches and uses other than residential dwellings, there shall be a minimum side yard of 35 feet from either interior or exterior lot lines.

c.

Rear yard. No primary building shall be located closer than 30 feet from a rear property line. No accessory building shall be located closer than three feet from any rear property line.

d.

Driveways and off-street parking. Notwithstanding the setback, yard, and area regulations stipulated in this section, driveways and parking areas shall be located, designed and of sufficient size so no vehicle when parked in said driveway or parking area will encroach on any public right-of-way.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 35 percent of the total lot area. Accessory buildings shall not cover more than 20 percent of the required rear yard area.

(6)

Minimum open space. Not less than 25 percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flowers and other landscaping materials which permit the absorption of storm water.

(7)

Minimum dwelling size. Each dwelling unit shall be not less than 650 square feet of living area, provided that a single-family detached dwelling unit shall not be less than 750 square feet of living area.

(8)

Maximum structure height. Buildings and structures shall not exceed 100 feet, and shall not exceed ten stories in height.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-125; Ord. No. 3080, Art. II, § 5; Ord. No. 3578, §§ 11—13, 7-19-2005)

Sec. 36-126. - C-O Office District.

(a)

General purpose. This commercial district is intended to provide a location for those administrative and professional offices which can occupy smaller structures in a landscaped setting. This type of development can serve as a buffer between more intense retail and office commercial uses and established residential neighborhoods. Emphasis is placed on smaller, individual, free-standing buildings, landscaping, setbacks, sign control, and restricted building height in order to promote maximum esthetic considerations in establishing protection for nearby residences. No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than motor vehicles utilized for passenger purposes shall be stored outside a building in this district.

(b)

Permitted uses. The following are permitted uses in the C-O Office District:

(1)

Uses permitted in an R-2 district.

(2)

Art gallery.

(3)

Libraries.

(4)

Museums.

(5)

Music conservatories.

(6)

Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies.

(7)

Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers. These shall include, but shall not necessarily be limited to, the following:

a.

Accountants;

b.

Architects;

c.

Brokers;

d.

Engineers;

e.

Dentists, dental laboratories, or similar small medical related laboratories;

f.

Lawyers;

g.

Physicians, osteopaths, chiropractors;

h.

Real estate and insurance;

i.

Travel agency.

(8)

Customary accessory uses.

(9)

Radio and television studios.

(10)

Name plate and sign relating only to the principal use. Lighted signs of flashing or intermittent type shall be prohibited; provided, however, that this shall not prevent the use of animated signs.

(c)

Conditional uses permitted on review. Any use permitted in an R-3 High Density Multifamily Residential District.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width.

a.

Interior lots. 60 feet at the building setback line with a minimum of 30 feet of street frontage.

b.

Corner lots. 75 feet minimum frontage.

c.

Duplexes. There shall be a minimum of 30 feet at the building line and 15 feet of street frontage except for a corner lot where there shall be at least 40 feet per unit at the building line and 20 feet of street frontage.

(2)

Minimum lot depth. 100 feet.

(3)

Minimum lot area. 6,000 square feet for a single-family unit. For a duplex there shall be a minimum lot area of 3,000 square feet per unit.

Any use requiring sewer service, but not connected to the public sewer will require 40,000 square feet minimum or larger depending on an engineering analysis approved by the county health department.

(4)

Minimum yards.

a.

Front yard. No building shall be located within 25 feet of the front property line, except:

1.

Signs, which may have a zero front setback.

2.

Where 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 35 feet be required nor less than 18 feet be permitted.

b.

Side yard.

1.

Interior lots. No residential building shall be located within seven feet of any side property line. There shall be a combined side yard of at least 15 feet. Accessory buildings shall not be located closer than three feet from an interior side lot line. For duplexes there shall be a minimum of eight feet to any side of property line other than the common wall line. For accessory buildings, there shall be a minimum side yard of three feet.

2.

Corner lots. For a single-family residential building there shall be a minimum setback from the side street of 15 feet. The interior side yard shall be at least seven feet for the primary single-family building and three feet for an accessory building. For a duplex there shall be a minimum setback from the side street of 15 feet and the interior side yard, except for the common wall property line, shall be at least eight feet for the primary building and three feet for an accessory building.

3.

Other. For uses other than residential, there shall be a minimum side yard of 35 feet from either interior or exterior lot lines.

c.

Rear yard. No primary building shall be located closer than 30 feet from a rear property line. No accessory building shall be located closer than three feet from any rear property line.

(5)

Intensity of use. The combined area occupied by all main and accessory buildings or structures shall not exceed 30 percent of the total lot area. Accessory buildings shall not cover more than 30 percent of the required rear yard area.

(6)

Minimum open space. Not less than 30 percent of the total lot area shall be devoted to open space, including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, paved (gravel, brick, concrete, asphalt, etc.) parking areas, driveways or internal streets. Open space shall contain living ground cover, trees, shrubs, flowers and other landscaping materials which permit the absorption of stormwater.

(7)

Minimum dwelling size. Each dwelling unit shall be not less than 650 square feet of living area, provided that a single-family detached dwelling unit shall not be less than 750 square feet of living area.

(8)

Maximum structure height. Buildings and structures shall not exceed 45 feet, and shall not exceed three stories in height except for churches or other public or quasi-public buildings which shall not exceed 75 feet, provided that all yard requirements shall be increased by one foot for each foot the building exceeds 35 feet. The height requirements shall not apply to public water towers.

(9)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-126; Ord. No. 3080, Art. II, § 6; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-127. - C-1 Neighborhood Commercial District.

(a)

General purpose. This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of the adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational, and educational elements, more restrictive requirements for light, air, open space, and off-street parking are made than are provided in other commercial districts.

(b)

Permitted uses. Property and buildings in a C-1 Neighborhood Commercial District shall be used for the following purposes:

(1)

Any use permitted in R-1 Single-Family Residential District except residential uses.

(2)

Retail stores and shops which supply the regular customary needs of the residents of the neighborhood and which are primarily for their convenience, such as the following:

a.

Any use permitted in district C-O except residential uses;

b.

Antique shop;

c.

Art gallery;

d.

Art shop;

e.

Automobile parking lots (patron parking only);

f.

Banks;

g.

Savings and loan establishments;

h.

Barber shop;

i.

Beauty shop;

j.

Book store;

k.

Cafeteria;

l.

Camera shop;

m.

Candy store;

n.

Catering service;

o.

Child care—commercial.

p.

Cigar store;

q.

Clinic (dental or medical);

r.

Clothing store;

s.

Club (private);

t.

Confectionery;

u.

Dancing school;

v.

Delicatessen;

w.

Dress or millinery shop;

x.

Dressmaking shop;

y.

Drug store;

z.

Dry cleaning pickup, laundry pickup station, and self-service laundry and cleaning;

aa.

Dry goods store;

bb.

Embroidery shop;

cc.

Flower shop;

dd.

Food market;

ee.

Frozen food lockers for individual or family use;

ff.

Furniture store;

gg.

Furs store;

hh.

Gift shop;

ii.

Glass shop;

jj.

Hat shop;

kk.

Hemstitching and pleating shop;

ll.

Household merchandise and furnishings;

mm.

Ice cream parlor where persons are served inside the building only;

nn.

Interior decorator;

oo.

Jewelry store;

pp.

Leather goods store;

qq.

Luggage shop;

rr.

Medical and dental laboratories;

ss.

Music shop;

tt.

Newspaper and magazine store (not second hand);

uu.

Notions store;

vv.

Novelty store;

ww.

Office building;

xx.

Optical shop;

yy.

Package liquor and beer sales, but not taverns;

zz.

Paint store;

aaa.

Pastry shop;

bbb.

Photographic studio;

ccc.

Post office;

ddd.

Pottery shop and ceramics (no baking or kiln operations permitted);

eee.

Radio and television store and service;

fff.

Reducing salon;

ggg.

Restaurant;

hhh.

Schools and colleges;

iii.

Shoe repair shop;

jjj.

Shoe shine service;

kkk.

Shoe store;

lll.

Sporting goods store;

mmm.

Stationery store;

nnn.

Tailor shop;

ooo.

Tea room;

ppp.

Telegraph offices;

qqq.

Toy shop;

rrr.

Travel agency;

sss.

Vending machines;

ttt.

Accessory uses customarily incident to any of the above uses.

1.

Name plate and sign relating only to the use of the store and premises or to products sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited; provided, however, that this shall not prevent the use of animated signs.

2.

Accessory buildings and uses customarily incidental to the above uses.

3.

Any building used for any of the above enumerated uses may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections (b)(1) and (2) of this section shall be displayed or stored outside of a building. No display will be permitted on sidewalks or public rights-of-way; provided, however, that the city council may provide for temporary permits for such display during organized promotions or special events.

(c)

Conditional uses permitted on review.

(1)

Any user permitted in R-3 multifamily residential district.

(2)

Banks and savings and loan establishments having drive-up service.

(d)

Height, setback, yard and area regulations. Where the property is used for a residential purpose the same minimum lot sizes and yards shall be required as those in an R-3 district.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. No building shall be located within 25 feet of the front property line, except:

1.

Signs, which may have a zero front setback.

2.

Where 40 percent or more of the existing properties within 180 feet from both side lot lines have a setback different than 25 feet, then an average setback, as herein described, shall be developed and established as a minimum. Only properties on the same side of the block shall be used. Undeveloped lots shall be considered as 25 feet. Existing properties with greater than 50 feet shall be counted as 50 feet. All properties shall be averaged together, but in no case shall a setback greater than 30 feet be required nor less than 18 feet be permitted.

b.

Side yard. On the side of a lot adjoining a residential district shall be a side yard of not less than 15 feet. Wherever the rear lot line of a corner lot abuts a residential district the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

c.

Rear yard. No rear yard is required except where a commercial building is to be serviced from the rear there shall be provided an alley way, service court or combination thereof of not less than 30 feet. Where a rear line of a lot in this district abuts land in a residential district or C-O district, a rear yard not less than 15 feet shall be required in this district.

(3)

Maximum structure height. No building or structure shall exceed 30 feet and shall not exceed two stories.

(4)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-127; Ord. No. 3080, Art. II, § 7, 11-16-1993; Ord. No. 3440, § 5, 5-1-2001; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-128. - C-2/H Central Business/Historic District.

(a)

General purpose. This commercial district is intended as the central business area of the city for the conduct of personal and commercial services and retail business, and is designed to preserve features of historic and cultural significance in the community.

(b)

Permitted uses. The following are permitted uses in the C-2/H Central Business/Historic District:

(1)

Any use permitted in a C-1 Neighborhood Commercial District.

(2)

Any of the following uses:

a.

Armories, assembly halls;

b.

Automobile parking lots;

c.

Automobile sales rooms and used car lots including repair facilities when appurtenant to such sales activity;

d.

Bakeries;

e.

Banks and savings and loan establishments with drive-up facilities;

f.

Bicycle repair shop, electric appliance and fix-it shops;

g.

Bus passenger stations;

h.

Department stores;

i.

Drive-in restaurants, ice cream shops, refreshment stands, etc., where persons are served in automobiles;

j.

Dry cleaning establishments and laundries using nonexplosive cleaning fluids;

k.

Electrical appliance sales and repair;

l.

Furniture stores;

m.

Hardware stores;

n.

Hospitals for small animals if within an enclosed building;

o.

Hotels;

p.

Newsstands;

q.

Paint stores;

r.

Printing and publishing plants, including bookbinding;

s.

Radio and television broadcasting stations and studios, except towers;

t.

Residential apartments above a business, provided off-street parking, separate entrances are provided and compliance with fire regulations are met;

u.

Seed stores;

v.

Shooting galleries, skating rinks, taverns and night clubs, gymnasiums, and similar commercial recreation buildings or activities, provided that no part of such building shall be less than 300 feet from any existing clinic, hospital, school or church; and shall be not less than 300 feet from a district R-1 to R-3 inclusive;

w.

Shop of custom work, or manufacture of articles to be sold at retail only, on the premises, provided that in such manufacture the space occupied by manufacturing permitted herein shall not exceed 50 percent of the total floor area of the entire building, and further provided that such manufacturing use does not emit any vibrations, noise, odor, dust, noxious gas, smoke, particulate matter, glare or heat detectable outside of the building;

x.

Storage garages for automobiles;

y.

Stores, shops and markets for retail trades, provided merchandise is not displayed, stored or offered for sale on the premises outside of a building within a required front yard;

z.

Theaters (indoor);

aa.

Upholstery shops;

bb.

Video game centers;

cc.

Accessory uses customarily incident to any of the above uses.

(c)

Conditional uses permitted on review.

(1)

Any use permitted in R-4 High Density Multifamily Residential District.

(2)

Any use in I-1 Restricted Light Industrial District.

(d)

Height, setback, yard and area regulations. Where a residential use is proposed that is not above a street level business the lot, yard and setback requirements shall be the same as an R-3 residential zone.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. No front yard is required except that where a lot in district C-2/H lies within the same block and fronts upon the same street with a portion of a district R-1 to C-1 inclusive, and no lot within said district C-2/H is occupied by a building with a front yard of less depth than required in that portion of a district R-1 to C-1 inclusive adjoining, then in such case the front yard requirements of such adjoining district R-1 to C-1 inclusive shall likewise apply to such lot in district C-2/H.

b.

Side yard. On the side of a lot adjoining a residential district there shall be a side yard of not less than 15 feet. Wherever the rear lot line of a corner lot abuts a residential district the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

c.

Rear yard. No rear yard required.

(3)

Maximum structure height. No building or structure shall exceed 100 feet and shall not exceed eight stories.

(4)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(5)

Screening. No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls, or planting that it cannot be seen from adjoining or adjacent lots zoned residential when viewed by a person standing on ground level.

(6)

Historic preservation.

a.

No new construction, reconstruction, exterior change or exterior improvement to any structure in this district shall be made until the property owner meets with the historic preservation commission to review plans for said new construction, reconstruction, exterior change or improvement and obtains a certificate of appropriateness from the commission.

b.

No building or occupancy permit shall be issued for the construction of a new structure, reconstruction of an existing structure, exterior change or improvement to any structure in this district until the property owner meets with the historic preservation commission to review plans for said new construction, reconstruction or exterior change or improvement and obtains a certificate of appropriateness from the commission.

c.

If the historic preservation commission fails to act on an application for a certificate appropriateness within 30 days of its receipt and such failure was not caused by the applicant, then the application shall be deemed approved.

d.

If the historic preservation commission denies a certificate of appropriateness, the applicant may appeal such denial to the city council. The appeal shall be presented in writing to the city clerk within 30 days of the commission's final action. The city clerk shall schedule the appeal for consideration by the city council within 30 days of its receipt and notify the applicant of the date, time and place of city council consideration.

(Code 1984, § 20-128; Ord. No. 3080, Art. II, § 8, 11-16-1993; Ord. No. 3263, § 2, 5-20-1997; Ord. No. 3601, § 1, 6-6-2006)

Sec. 36-129. - C-3 General Commercial District.

(a)

General purpose. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles for stocking and delivery of retail goods.

(b)

Permitted uses. The following are permitted uses in the C-3 General Commercial District:

(1)

Any use permitted in a C-2/H Central Business/Historic District.

(2)

Any use permitted in an R-3 Medium Density Multifamily Residential District.

(3)

Any of the following uses:

a.

Automobile, boat, truck, or trailer sales rooms or yards, provided no dismantled vehicles or parts are displayed, or stored outside the building;

b.

Automobile repair garages, including auto laundries, provided no repair operations or storage of parts or dismantled vehicles takes place outside the building and vehicles awaiting repair are not stored on the premises for greater than 30 consecutive days;

c.

Dance hall;

d.

Feed stores;

e.

Filling stations, provided that all gasoline storage tanks are located below the surface of the ground are installed according to NFPA and local fire codes;

f.

Flea markets;

g.

Funeral home and mortuaries;

h.

Greenhouses, commercial;

i.

Miniature golf courses, commercial recreational parks, and drive-in theaters, provided all lights shall be directed away from any adjoining or adjacent residence districts.

j.

Motels;

k.

Ornamental iron sales rooms, but not forging, stamping or casting;

l.

Plumbing and heating and air conditioning shop, provided no equipment or material is stored on the premises in the front or side yard;

m.

Pop bottling plants;

n.

Rental stores;

o.

Storage in bulk of, or warehouse for, such materials as are incidental to sale on the premises as permitted above;

p.

Storage warehouses for storing all materials, equipment, furniture, personal property of any kind, which does not result in odors or excessive noises leaving the premises, and which are not highly combustible, and which will not include those items described under storage in I-2 Light Industrial District;

q.

Wholesale sales offices or sample rooms;

r.

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above;

s.

Accessory use customarily incidental to any of the above uses, including signs.

(4)

The above enumerated uses shall also comply with the following provisions:

a.

Automobiles, trucks and boats may be stored or displayed outside a building but not within 15 feet of a street line nor closer than 15 feet to other property lines.

b.

Other merchandise which may appropriately be displayed or stored outside a building shall be kept off the public sidewalks and streets, shall not reduce capacity of a parking lot below that is required by this article and shall not occupy an area greater than 20 percent of the ground floor area of the building.

c.

In the event that any property utilizing outdoor display or storage adjoins or abuts a residential district R-1 through R-4 or an office district C-O, such articles or materials shall be so screened by permanent ornamental walls, fences, or planting that it cannot be seen from adjoining residential lots when viewed by a person standing on ground level; provided, additionally, however, that no screening in excess of seven feet in height shall be required.

(c)

Conditional uses permitted on review:

(1)

Any use permitted in R-4 High Density Multifamily Residential District.

(2)

Travel or camping park.

(d)

Height, setback, yard and area regulations. Where a residential use is proposed that is not above a street level business the lot, yard and setback requirements shall be the same as an R-4 residential zone.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 15 feet in depth, except signs, which may have a zero front setback.

b.

Side yard. On the side of a lot adjoining a residential district there shall be a side yard of not less than 15 feet. Wherever the rear lot line of a corner lot abuts a residential district the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

c.

Rear yard. No rear yard is required except where a commercial building is to be served from the rear there shall be provided an alley way, service court or combination thereof of not less than 30 feet. Where a rear line of a lot in this district abuts land in a residential district or C-O district, a rear yard not less than 15 feet shall be required in this district.

(3)

Maximum structure height. No building or structure shall exceed 35 feet and shall not exceed three stories.

(4)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-129; Ord. No. 3080, Art. II, § 9, 11-16-1993; Ord. No. 3263, § 1, 5-20-1997; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-130. - C-4 Open Display Commercial District.

(a)

General purpose. This commercial district is intended to provide a location for the limited amount of merchandise, equipment, and material being offered for retail sale that, because of the type of material or transportation requirements, are suitable for display and storage outside the confines of an enclosed building. There will be more assembly of equipment and incidental activity than would prevail in the general commercial district. Persons of the community and the surrounding trade territory will require direct access. However, the concentration of shoppers will be much smaller and visits less frequent than in the General Commercial District.

(b)

Permitted uses. The following are permitted uses in the C-4 Open Display Commercial District:

(1)

Any use permitted in a C-3 General Commercial District.

(2)

Any of the following uses:

a.

Farm implement and machinery, new and used, sales;

b.

Metal and wood fencing, ornamental grill work and decorative wrought iron work and play equipment sales;

c.

Mobile home sales;

d.

Monument sales;

e.

Prefabricated house sales;

f.

Trailers for hauling, rental and sales;

g.

Accessory uses customarily incidental to any of the above uses including signs.

h.

The above enumerated uses shall comply with the following provisions:

i.

All open storage and display of merchandise, material, and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in a residential district when located to the side or rear of a lot on which said open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings that it cannot be seen from a public street.

j.

All yards unoccupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition the year round.

k.

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

l.

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(c)

Conditional uses permitted on review. Same as C-3 General Commercial District.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. All buildings and displays shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth, except signs, which may have a zero front setback.

b.

Side yard. There shall be provided a side yard of not less than 15 feet.

c.

Rear yard. There shall be provided a rear yard of not less than 15 feet.

(3)

Maximum structure height. No building or structure shall exceed 35 feet.

(4)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-130; Ord. No. 3080, Art. II, § 10, 11-16-1993; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-131. - I-1 Restricted Light Industrial District.

(a)

General purpose. This industrial district is intended primarily for production and assembly plants that are conducted so the noise, odor, dust, and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air, or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial district. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

(b)

Permitted uses. The following are permitted uses in the I-1 Restricted Light Industrial District:

(1)

Any use, except a residential use, permitted in a C-3 General Commercial District.

(2)

Any of the following uses:

a.

Bottling works;

b.

Book bindery;

c.

Candy manufacturing;

d.

Engraving plant;

e.

Electrical equipment assembly;

f.

Electronic equipment assembly and manufacturing;

g.

Food products processing and packing not including the collection, storage or slaughter of livestock;

h.

Furniture manufacturing;

i.

Instrument and meter manufacturing;

j.

Jewelry and watch manufacturing;

k.

Laboratories, experimental;

l.

Laundry and cleaning establishments;

m.

Leather goods fabrication not including the processing or tanning of hides;

n.

Optical goods manufacturing;

o.

Paper products manufacturing;

p.

Seed processing and sales;

q.

Signs identifying or advertising the use on the premises;

r.

Sporting goods manufacturing.

(3)

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke or noxious odor or fumes outside the building housing the operation, or produce an increased noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls or fences or evergreen planting that it cannot be seen from adjoining public streets of adjacent lots when viewed by a person standing on the ground level.

(c)

Conditional uses permitted on review: Any use permitted in R-1 through R-4.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

a. Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth, except signs, which may have a zero front setback.

b.

Side yard. No building shall be located closer than 25 feet to a side lot line.

c.

Rear yard. No building shall be located closer than 25 feet to the rear lot line.

(3)

Intensity of use. The combined area occupied by all main and accessory buildings and off-street parking and loading facilities shall not cover more than 75 percent of the total lot area. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

(4)

Maximum structure height. No building shall exceed 45 feet.

(5)

Other. Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

(6)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-131; Ord. No. 3080, Art. II, § 11, 11-16-1993; Ord. No. 3316, §§ 1, 2, 6-2-1998; Ord. No. 3457, § 1, 8-21-2001; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-132. - I-2 Light Industrial District.

(a)

General purpose. This individual district is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesale, and service uses. These do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air, or street transportation routes.

(b)

Permitted uses. The following are permitted uses in the I-2 Light Industrial District:

(1)

Any use, except dwellings, permitted in the C-4 Open Display Commercial District or in the I-1 Restricted Light Industrial District. No dwelling use shall be permitted in an I-2 Light Industrial District.

(2)

Any of the following uses:

a.

Sale of rock, sand, gravel, and the like as an incidental part of the main business, but not including a concrete plant of transit mix plant.

b.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

c.

Freighting or trucking yard or terminal.

d.

Public utility service yard or electrical receiving or transforming station.

e.

No article or material permitted in this district shall be kept, stored, or displayed outside the confines of a building unless it be so screened by fences, walls, or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(3)

The following uses when conducted within a completely enclosed building:

a.

The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

b.

The manufacture, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell textiles, tobacco, wood, yarn, and paint not employing a boiling process.

c.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

d.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

e.

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

f.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

g.

Blacksmith shop and machine shop, excluding punch presses over 20 tons rated capacity, drop hammers, and automatic screw machines.

h.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

i.

Assembly of electrical appliance, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like.

j.

Wholesale storage or manufacture of alcoholic beverages.

(4)

Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

(5)

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes, or dust will be emitted beyond the property line of the lot on which the use is located.

(c)

Conditional uses permitted on review. The following uses may be permitted on review in accordance with provisions contained in section 36-283:

(1)

Concrete batch or transit mix plant.

(2)

Bulk storage of gasoline, propane, butane or other petroleum products.

(3)

Grain elevator, storage.

(4)

Any use permitted in R-1 through R-4.

(5)

Any use involving the collection, storage or slaughter of livestock.

(6)

Asphalt plants.

(7)

Processing or tanning of hides.

(8)

Other similar uses.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth, except:

1.

Signs, which may have a zero front setback.

2.

Lots fronting on state highways shall provide a front yard of not less than 50 feet in depth.

b.

Side yard. On the side of a lot adjoining a residential district there shall be a side yard of not less than 15 feet. Wherever the rear lot line of a corner lot abuts a residential district the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

c.

Rear yard. No rear yard is required except where a commercial building is to be serviced from the rear there shall be provided an alley way, service court or combination thereof of not less than 30 feet. Where a rear line of a lot in this district abuts land in a residential district or C-O district, a rear yard not less than 15 feet shall be required in this district.

(3)

Intensity of use. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 80 percent of the total lot area. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

(4)

Maximum structure height. No building shall exceed 45 feet.

(5)

Other. No yards shall be required for those portions of lots which front on railroad sidings.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

(6)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(Code 1984, § 20-132; Ord. No. 3080, Art. II, § 12, 11-16-1993; Ord. No. 3316, §§ 3—5, 6-2-1998; Ord. No. 3773 , § 2, 3-1-2011)

Sec. 36-133. - I-3 Heavy Industrial District.

(a)

General purpose. This industrial district is intended to provide for heavy industrial uses and uses not otherwise provided for in the other districts established by this article. The intensity of uses permitted in this district makes it desirable that they be located down-wind and separated from residential and commercial uses wherever possible.

(b)

Permitted uses. The following are permitted uses in an I-3 Heavy Industrial District:

Any use permitted in an I-2 District.

(c)

Conditional uses permitted on review:

(1)

All of the following uses shall need to be studied by the planning and zoning commission and have received the express approval of the city council. The council may require approval of the city or county health department, the state fire marshal and other state and county regulating agencies, and may attach to the approval specific restrictions designed to protect the public welfare.

a.

Acid manufacture.

b.

Cement, lime, gypsum or plaster of Paris manufacture.

c.

Explosives, manufacture or wholesale storage.

d.

Gas manufacture.

e.

Petroleum or its products, refining of.

f.

Wholesale or bulk storage of gasoline, propane, or butane, or other petroleum products.

g.

Any use involving the collection, storage or slaughter of livestock.

h.

Asphalt plants.

i.

Processing or tanning of hides.

j.

Other similar uses.

(2)

Property and buildings in an I-3 Heavy Industrial District, when used for the following purposes shall have the uses thereon conducted in such a manner that all operation, display, or storage of material or equipment is so screened by ornamental fences, walls, and/or permanent evergreen planting that it cannot be seen from a public street.

a.

Automobile salvage or junk yard.

b.

Building materials salvage yard.

c.

Junk or salvage yard of any kind.

d.

Scrap metal storage yard.

(d)

Height, setback, yard and area regulations.

(1)

Minimum lot width. No minimum.

(2)

Minimum yards.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 35 feet in depth, except signs, which may have a zero front setback.

b.

Side yard. No building shall be located closer than 25 feet from a side lot line.

c.

Rear yard. Where a building is to be served from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than 30 feet in width or of an adequate area and width to provide for maneuvering of service vehicles, whichever is greater. In all other cases, no building shall be located closer than 25 feet to the rear lot line.

(3)

Intensity of use. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in section division 5 of this article.

(4)

Maximum structure height. Where a lot adjoins a dwelling district, the building shall not exceed 45 feet in height, unless it is set back one foot from all front and side yard lines for each foot of additional height above 45 feet.

(5)

Parking regulations. Off-street automobile and vehicle parking and loading areas shall be provided in accordance with section division 5 of this article.

(6)

Other. Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

(Code 1984, § 20-133; Ord. No. 3080, Art. II, § 13, 11-16-1993; Ord. No. 3316, §§ 6, 7, 6-2-1998; Ord. No. 3773 , § 2, 3-1-2011)