In order to implement the Comprehensive Plan and the purpose and intent of these zoning regulations, the following districts are established. The zoning districts may be referenced by the letters or group of letters preceding the district name:

In accordance with K.S.A. 12-757(b), the above table designates the zoning districts which are considered to be "lesser changes" due to their more restrictive characteristics as set forth in these Zoning Regulations. Due to their unique nature and special characteristics, all designated special purpose districts are excluded from consideration as "lesser change" zoning districts for the purposes of K.S.A. 12-757(b).

A.

Off-street parking and loading as required by Article 5.

B.

Accessory and temporary uses and home occupations as permitted by Article 6.

C.

Signs as permitted by Article 7.

This district is intended for medium density single-family dwellings and to allow certain public facilities. Generally, uses which may negatively impact the health, safety, order or general welfare of persons residing in the district or devalue property for residential purposes will be restricted or not permitted. Regulations are intended to control density of population and to provide adequate open space around buildings and structures to accomplish these purposes.

A.

Permitted Uses.

1.

Residential Uses:

a.

Group Home.

b.

Residential-Design Manufactured Home, subject to Use Limitation 401.E.1.

c.

Single-Family Dwelling.

d.

Short-Term Rental, subject to Use Limitation 401.E.4. and Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf course, subject to Use Limitation 401.E.2.

b.

Park and Playground.

c.

School, Public and Private.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 401.E.3.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

Accessory dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Earth Sheltered Dwelling, subject to Supplemental Regulation 1101.D.5.

c.

Single-Family Attached Dwelling, subject to Supplemental Regulation 1101.D.12.

d.

Two-Family Dwelling, subject to Supplemental Regulation 1101.D.14.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Cemetery.

c.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

d.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

e.

Educational, Cultural, or Philanthropic Institution.

f.

Governmental Use.

g.

Place of Worship.

h.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

i.

Public Utility.

j.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

None.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Residential dwellings: 6,000 square feet.

b.

All other permitted uses: 7,200 square feet.

2.

Minimum lot width: 50 feet.

3.

Minimum lot depth: 90 feet.

D.

Bulk Regulations.

1.

Maximum Structure Height:

a.

Residential Uses: 35 feet.

b.

Other Permitted Uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 25 feet, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yards: 5 feet.

c.

Minimum rear yard:

1)

Residential dwellings: 20 feet.

2)

All other permitted uses: 10 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 40%

E.

Use Limitations.

1.

In addition to other use limitations, the following use limitations shall apply to Residential Design Manufactured Homes:

• Such units shall provide all of the accommodations necessary to be a dwelling unit and all utilities shall be connected in conformance with applicable City regulations.

• Such structures shall be on a permanent foundation which has minimum dimensions of 22 body feet in width, contain a pitched roof, siding and roofing materials which are customarily used on site-built homes, and comply with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

a.

The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass, or metal roofing materials. The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches, which may include a gutter.

b.

Exterior siding shall be of a non-reflective material customarily used on site-built dwellings, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City building codes.

c.

The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Code Council (ICC) and published in the most current edition of "Guidelines for Manufactured Housing Installations." A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above referenced guidelines.

d.

At the main entrance door there shall be a landing that is a minimum of three feet by three feet, which is constructed to meet the requirements of the City's building codes.

e.

The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

f.

The finished floor of the home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

g.

Any attached addition to such a home shall comply with all construction requirements of the City's building codes. Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

h.

If 50% or more of the existing site-built housing on both sides of the street on which the residential-design manufactured home is to be installed have a garage and a covered porch or recessed entry, such a home shall also provide a garage and porch or entry. On a corner lot, the street shall mean that street on which the facade has been designated for the household address number. External roofing and siding material of the garage and porch or entry shall be similar in appearance to the materials on the roofing and siding of the residential-design manufactured home.

2.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

3.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

4.

Short-term rental is permitted only upon approval of an Administrative Permit pursuant to the provisions of Section 1105 or, as applicable, upon approval of a Special Use pursuant to the provisions of Section 1101.

(Ord. No. 2529, §§ 1.35, 1.36, 5-23-23; Ord. No. 2555, §§ 1.6—1.8, 1.55, 5-14-24)

This special purpose district is intended to provide infill development in core neighborhoods and higher-density density development in new neighborhoods through flexibility and innovation that permits a variety of housing types and zero lot line (ZLL) housing designs.

A.

Permitted Uses.

1.

Residential Uses:

a.

Group Home.

b.

Residential-Design Manufactured Home, subject to Use Limitation 401A.E.1.

c.

Single-Family Dwelling.

d.

Short-Term Rental, subject to Use Limitation 401A.F.4. and Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf Course, subject to Use Limitation 401A.E.2.

b.

Park and Playground.

c.

School, Public and Private.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 401A.F.3.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Multi-Family Dwelling, subject to Supplemental Regulation 1101.D.9.

c.

Single-Family Attached Dwelling, subject to Supplemental Regulation 1101.D.12.

d.

Two-Family Dwelling, subject to Supplemental Regulation 1101.D.14.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Cemetery.

c.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

d.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

e.

Educational, Cultural, or Philanthropic Institution.

f.

Governmental Use.

g.

Place of Worship.

h.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

i.

Public Utility.

3.

Commercial Uses:

a.

None.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

General Conditions for Zero Lot Line (ZLL) Dwellings.

1.

Land used for ZLL dwellings in a R-1A District:

a.

Shall be located as a self-contained unit of development such as (1) a group of homes surrounding a cul-de-sac; (2) ZLL lots whose front lines are oriented to face similar types of lots across a street and are not located on a street carrying substantial volumes of traffic such as arterial or collector streets; or (3) lots which face land use other than single or two-family dwellings either existing or potentially to be developed.

b.

Shall, as a condition of zoning, be platted according to City Subdivision Regulations with specific attention given to any problems of drainage or utility easements, which may be created by the particular design concept.

2.

A fencing and/or screening design plan for all ZLL lots shall be submitted showing how privacy for each lot and its relationship to other lots will be achieved.

3.

To ensure privacy, no windows, doors or other openings shall be permitted on the wall with the shortest distance to a setback line. Such wall shall be constructed of the same material as the other exterior walls of the dwelling unit.

4.

In addition to the parking space requirements of Section 501(A)(1), each dwelling shall have adequate space for at least two automobiles on the driveway area.

5.

Proposed restrictive covenants shall be submitted guaranteeing the maintenance of the fencing and/or screening plan, access for maintenance of structures in close proximity to one another, and other restrictions necessary to carry out the intent of the overall design concept.

D.

Lot Size Requirements.

1.

Minimum lot area:

a.

Residential dwellings: 4,800 square feet

b.

All other permitted uses: 6,000 square feet

2.

Minimum lot width: 40 feet.

3.

Minimum lot depth: 80 feet.

E.

Bulk Regulations.

1.

Maximum Structure Height:

a.

Residential Uses: 35 feet.

b.

Other Permitted Uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 20 feet, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yard: 5 feet, except none is required for the common lot line of an attached dwelling. For ZLL dwellings, a minimum of 10 feet shall maintained between the adjacent residential structures. Overhanging eaves and gutters are permitted by Section 303.E.1.; provided, that provisions for their extension and maintenance over adjacent property is contained in the restrictive covenants.

c.

Minimum rear yard:

1)

Residential dwellings: 15 feet

2)

All other permitted uses: 10 feet

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 60%

F.

Use Limitations.

1.

In addition to other use limitations, the following use limitations shall apply to Residential Design Manufactured Homes:
• ;hg;Such units shall provide all of the accommodations necessary to be a dwelling unit and all utilities shall be connected in conformance with applicable City regulations.
• ;hg;Such structures shall be on a permanent foundation which has minimum dimensions of 22 body feet in width, contain a pitched roof, siding and roofing materials which are customarily used on site-built homes, and comply with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

a.

The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass, or metal roofing materials. The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches, which may include a gutter.

b.

Exterior siding shall be of a non-reflective material customarily used on site-built dwellings, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City building codes.

c.

The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Code Council (ICC) and published in the most current edition of "Guidelines for Manufactured Housing Installations." A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above referenced guidelines.

d.

At the main entrance door there shall be a landing that is a minimum of three feet by three feet, which is constructed to meet the requirements of the City's building codes.

e.

The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

f.

The finished floor of the home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

g.

Any attached addition to such a home shall comply with all construction requirements of the City's building codes. Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

h.

If 50% or more of the existing site-built housing on both sides of the street on which the residential-design manufactured home is to be installed have a garage and a covered porch or recessed entry, such a home shall also provide a garage and porch or entry. On a corner lot, the street shall mean that street on which the facade has been designated for the household address number. External roofing and siding material of the garage and porch or entry shall be similar in appearance to the materials on the roofing and siding of the residential-design manufactured home.

2.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

3.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

4.

Short-term rental is permitted only upon approval of an Administrative Permit pursuant to the provisions of Section 1105 or, as applicable, upon approval of a Special Use pursuant to the provisions of Section 1101.

(Ord. No. 2529, §§ 1.3, 1.4, 1.37, 1.38, 5-23-23; Ord. No. 2555, §§ 1.9—1.11, 1.56, 5-14-24)

A.

Statement of Intent.

1.

This special purpose district is established to provide for the orderly growth of the City by establishing a zoning district classification whose provisions are:

a.

Compatible with large lot/suburban-scale residential developments that may be annexed into the City;

b.

Compatible with topographical considerations that effect the density and scale of development; and

c.

Compatible with public infrastructure limitations.

TOPOGRAPHICAL CONSIDERATIONS may involve land subject to flooding and areas with unusual or special natural or man-made features. Areas with INFRASTRUCTURE LIMITATIONS are areas that are not, or are not likely in the future, to be served by a full range of urban-scale infrastructure.

2.

Generally, uses which may negatively impact the health, safety, order or general welfare of persons residing in the district or devalue property for residential purposes will be restricted or not permitted. The regulations of this district are intended to control density of residential development by providing adequate open space around buildings and structures. Also, the district is intended to control density of residential development relative to the character of existing development within and/or near the zoning/rezoning application area and the type of infrastructure serving or planned to serve the area.

3.

The location, size and shape of an area proposed for designation as the R-1B Low Density Single-Family Residential District shall be evaluated for appropriateness relative to the following:

a.

FOR EXISTING DEVELOPED AREAS, the compatibility of the standards and provisions of the R-1B District relative to the density of existing development, including the type of infrastructure serving such areas;

b.

FOR UNDEVELOPED AREAS, the effect that a new area of low residential density will have on:

1)

The future development of adjacent properties according to the density of development typical of the "R-1" Single-Family Residential District;

2)

The City's ability to provide cost-effective public services and infrastructure; and

3)

Natural or man-made topographical features which act to reduce the capacity of land to support residential densities typical of the "R-1" Single-Family Residential District. Such topographical features may include floodplains, areas experiencing an aircraft noise exposure equal to or greater than 70 DNL, and areas with infrastructure constraints.

B.

Permitted Uses.

1.

Residential Uses:

a.

Group Home.

b.

Residential-Design Manufactured Home, subject to Use Limitation 401B.F.1.

c.

Single-Family Dwelling.

d.

Short-Term Rental, subject to Use Limitation 401B.F.4. and Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf Course, subject to Use Limitation 401B.F.2.

b.

Park and Playground.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 401B.F.3.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

C.

Special Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Earth Sheltered Dwelling, subject to Supplemental Regulation 1101.D.5.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Cemetery.

c.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

d.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

e.

Governmental Use.

f.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

g.

Public Utility.

h.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Nursery or Greenhouse.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

D.

Lot Size Requirements.

1.

Minimum lot area: 36,000 square feet; 4.5 acres if an on-site sewage lagoon is utilized; minimum lot area for special uses to be determined as part of the applicable approval process.

2.

Minimum lot width: 150 feet; minimum lot width for special uses to be determined as part of the applicable approval process.

3.

Minimum lot depth: 200 feet; minimum lot depth for special uses to be determined as part of the applicable approval process.

E.

Bulk Regulations.

1.

Maximum Structure Height:

a.

Residential Uses: 35 feet.

b.

Other Permitted Uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 25 feet

b.

Minimum side yards: 10 feet

c.

Minimum rear yard: 25 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 30%

F.

Use Limitations.

1.

In addition to other use limitations, the following use limitations shall apply to Residential Design Manufactured Homes:
• ;hg;Such units shall provide all of the accommodations necessary to be a dwelling unit and all utilities shall be connected in conformance with applicable City regulations.
• ;hg;Such structures shall be on a permanent foundation which has minimum dimensions of 22 body feet in width, contain a pitched roof, siding and roofing materials which are customarily used on site-built homes, and comply with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

a.

The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass, or metal roofing materials. The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches, which may include a gutter.

b.

Exterior siding shall be of a non-reflective material customarily used on site-built dwellings, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City building codes.

c.

The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Code Council (ICC) and published in the most current edition of "Guidelines for Manufactured Housing Installations." A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above referenced guidelines.

d.

At the main entrance door there shall be a landing that is a minimum of three feet by three feet, which is constructed to meet the requirements of the City's building codes.

e.

The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

f.

The finished floor of the home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

g.

Any attached addition to such a home shall comply with all construction requirements of the City's building codes. Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

h.

If 50% or more of the existing site-built housing on both sides of the street on which the residential-design manufactured home is to be installed have a garage and a covered porch or recessed entry, such a home shall also provide a garage and porch or entry. On a corner lot, the street shall mean that street on which the facade has been designated for the household address number. External roofing and siding material of the garage and porch or entry shall be similar in appearance to the materials on the roofing and siding of the residential-design manufactured home.

2.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

3.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

4.

Short-term rental is permitted only upon approval of an Administrative Permit pursuant to the provisions of Section 1105 or, as applicable, upon approval of a Special Use pursuant to the provisions of Section 1101.

(Ord. No. 2529, §§ 1.5, 1.39, 1.40, 5-23-23; Ord. No. 2555, §§ 1.12—1.15, 1.57, 5-14-24)

A.

Statement of Intent.

1.

This special purpose district is established to provide for the orderly growth of the City by establishing a zoning district classification which only applies to:

a.

Large lot/suburban-scale residential developments that have been annexed into the City; and

b.

Is compatible with areas where a full range of municipal facilities are not available and not likely to be available in the near future.

2.

Generally, uses which may negatively impact the health, safety, order or general welfare of persons residing in the district or to devalue property for residential purposes will be restricted or not permitted. The regulations of this district are intended to control density of residential development by providing adequate open space around buildings and structures. Also, the district is intended to control density of residential development relative to the character of existing development within or near the rezoning application area and the type of infrastructure serving or planned to serve the area.

3.

Certain regulations found in these regulations, the Municipal and Public Offense Codes may be modified from time to time as deemed appropriate by the Derby City Council to reflect the uses, activities and lifestyles associated with properties that are located in the R-1C District. These modifications include, but are not limited to bulky waste and tree waste, weeds and other vegetation, nuisances, requirements for the surfacing of off-street parking areas and driveways, and the discharge of firearms.

4.

The location, size and shape of an area proposed for designation as the R-1C Suburban Single-Family Residential District shall be evaluated for appropriateness relative to the density of existing development, including the type of infrastructure serving such areas.

B.

Permitted Uses.

1.

Residential Uses:

a.

Group Home.

b.

Residential-Design Manufactured Home, subject to Use Limitation 401C.F.1.

c.

Single-Family Dwelling.

d.

Short-Term Rental, subject to Use Limitation 401C.F.4. and Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf Course, subject to Use Limitation 401C.F.2.

b.

Park and Playground.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 401C.F.3.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

C.

Special Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Earth Sheltered Dwelling, subject to Supplemental Regulation 1101.D.5.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Cemetery.

c.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

d.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

e.

Governmental Use.

f.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

g.

Public Utility.

h.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Nursery or Greenhouse.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

D.

Lot Size Requirements.

1.

Minimum lot area: 2.2 acres; minimum lot area for special uses to be determined as part of the applicable approval process.

2.

Minimum lot width: 200 feet; minimum lot width for special uses to be determined as part of the applicable approval process.

3.

Minimum lot depth: 400 feet; minimum lot depth for special uses to be determined as part of the applicable approval process.

E.

Bulk Regulations.

1.

Maximum Structure Height:

a.

Residential Uses: 35 feet.

b.

Other Permitted Uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 25 feet

b.

Minimum side yards: 25 feet

c.

Minimum rear yard: 25 feet.

3.

Maximum lot coverage: 30%

F.

Use Limitations.

1.

In addition to other use limitations, the following use limitations shall apply to Residential Design Manufactured Homes:
• ;hg;Such units shall provide all of the accommodations necessary to be a dwelling unit and all utilities shall be connected in conformance with applicable City regulations.
• ;hg;Such structures shall be on a permanent foundation which has minimum dimensions of 22 body feet in width, contain a pitched roof, siding and roofing materials which are customarily used on site-built homes, and comply with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

a.

The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass, or metal roofing materials. The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches, which may include a gutter.

b.

Exterior siding shall be of a non-reflective material customarily used on site-built dwellings, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City building codes.

c.

The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Code Council (ICC) and published in the most current edition of "Guidelines for Manufactured Housing Installations." A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above referenced guidelines.

d.

At the main entrance door there shall be a landing that is a minimum of three feet by three feet, which is constructed to meet the requirements of the City's building codes.

e.

The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

f.

The finished floor of the home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

g.

Any attached addition to such a home shall comply with all construction requirements of the City's building codes. Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

h.

If 50% or more of the existing site-built housing on both sides of the street on which the residential-design manufactured home is to be installed have a garage and a covered porch or recessed entry, such a home shall also provide a garage and porch or entry. On a corner lot, the street shall mean that street on which the facade has been designated for the household address number. External roofing and siding material of the garage and porch or entry shall be similar in appearance to the materials on the roofing and siding of the residential-design manufactured home.

2.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

3.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

4.

Short-term rental is permitted only upon approval of an Administrative Permit pursuant to the provisions of Section 1105 or, as applicable, upon approval of a Special Use pursuant to the provisions of Section 1101.

(Ord. No. 2529, §§ 1.6, 1.41, 1.42, 5-23-23; Ord. No. 2555, §§ 1.16—1.19, 1.58, 5-14-24)

This district is intended to permit a slightly higher density than the R-1 District. The district allows duplexes, single-family dwellings and certain community facilities and other residential dwellings.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Group Home.

c.

Single-Family Dwelling.

d.

Single-Family Attached Dwelling, subject to Use Limitation 402.E.1.

e.

Two-Family Dwelling.

f.

Short-Term Rental, subject to Use Limitation 402.E.4. and Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf Course, subject to Use Limitation 402.E.2.

b.

Park and Playground.

c.

School, Public and Private.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 402.E.3.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

Earth Sheltered Dwelling, subject to Supplemental Regulation 1101.D.5.

b.

Multi-Family Dwelling, subject to Supplemental Regulation 1101.D.9.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Cemetery.

c.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

d.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

e.

Educational, Cultural, or Philanthropic Institution.

f.

Governmental Use.

g.

Place of Worship.

h.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

i.

Public Utility.

3.

Commercial Uses:

a.

None.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 4,800 square feet.

b.

Single-family attached: 3,000 square feet per dwelling unit.

c.

Two-family dwellings: 6,000 square feet.

d.

All other permitted uses: 6,000 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 40 feet.

b.

Single-family attached: 50 feet for each two dwellings.

c.

Two-family dwellings: 50 feet

d.

All other permitted uses: 50 feet.

3.

Minimum lot depth: 90 feet.

D.

Bulk Regulations.

1.

Maximum Structure Height:

a.

Residential Uses: 35 feet.

b.

Other Permitted Uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yard: 5 feet

c.

Minimum rear yard:

1)

Residential dwellings: 20 feet.

2)

All other permitted uses: 10 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 50%

E.

Use Limitations.

1.

Only two single-family dwellings shall be attached.

2.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

3.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

4.

Short-term rental is permitted only upon approval of an Administrative Permit pursuant to the provisions of Section 1105 or, as applicable, upon approval of a Special Use pursuant to the provisions of Section 1101.

(Ord. No. 2529, §§ 1.7, 1.43, 1.44, 5-23-23; Ord. No. 2555, §§ 1.20—1.23, 1.59, 5-14-24)

This district is intended to permit various types of low density multiple dwelling units and certain community facilities. The district is not intended for general single or two-family use except as incidental to the area.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Boarding or Rooming House.

d.

Group Home.

e.

Multi-Family Dwelling.

f.

Single-Family Dwelling.

g.

Single-Family Attached Dwelling.

h.

Two-Family Dwelling.

i.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Golf Course, subject to Use Limitation 403.E.1.

b.

Park and Playground.

c.

School, Public and Private.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 403.E.2.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Adult Care Center, subject to Supplemental Regulation 1101.D.17.

b.

Child Care Center, subject to Supplemental Regulation 1101.D.17.

c.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

d.

Educational, Cultural, or Philanthropic Institution.

e.

Governmental Use.

f.

Place of Worship.

g.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

h.

Public Utility.

3.

Commercial Uses:

a.

None.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 4,800 square feet.

b.

Single-family attached: 3,000 square feet per dwelling unit.

c.

Two-family dwellings: 6,000 square feet.

d.

Multiple-family dwelling units: 3,000 square feet per dwelling unit.

e.

All other permitted uses: 6,000 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 40 feet.

b.

Single-family attached: 50 feet for each two dwellings.

c.

Two-family dwellings: 50 feet

d.

Multiple-family dwellings: 50 feet.

e.

All other permitted uses: 50 feet.

3.

Minimum lot depth: 90 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet

b.

All other permitted uses: 45 feet

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yard: 5 feet

c.

Minimum rear yard:

1)

Residential dwellings: 15 feet.

2)

All other permitted uses: 10 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 50%

E.

Use Limitations.

1.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

2.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

(Ord. No. 2529, §§ 1.9, 1.10, 1.45, 1.46, 5-23-23; Ord. No. 2555, §§ 1.24—1.26, 1.60, 5-14-24)

This district is intended to permit medium density multiple dwelling units of an apartment type where such uses may be located along collector and arterial streets and have community facilities and services available. The district is not intended for general single or two-family uses except as incidental to the area.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Boarding or Rooming House.

d.

Group Home.

e.

Multi-Family Dwelling.

f.

Single-Family Dwelling.

g.

Single-Family Attached Dwelling.

h.

Two-Family Dwelling.

i.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

c.

Golf Course, subject to Use Limitation 404.E.1.

d.

Park and Playground.

e.

School, Public and Private.

3.

Commercial Uses:

a.

Mobile Food Vending, subject to Use Limitation 404.E.2.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication structures, antennas or towers owned or operated by a commercial communication company for the dwelling's sole use.

b.

Educational, Cultural, or Philanthropic Institution.

c.

Governmental Use.

d.

Place of Worship.

e.

Privately-Owned Park and Playground, subject to Supplemental Regulation 1101.D.10.

f.

Public Utility.

3.

Commercial Uses:

a.

None.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 4,800 square feet.

b.

Single-family attached: 2,400 square feet per dwelling.

c.

Two-family dwellings: 4,800 square feet.

d.

Multiple-family dwellings: 1,750 square feet per dwelling unit

e.

All other permitted uses: 4,800 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 40 feet.

b.

Single-family attached: 40 feet for each two dwellings.

c.

Two-family dwellings: 40 feet.

d.

Multiple-family dwellings: 50 feet.

e.

All other permitted uses: 50 feet.

3.

Minimum lot depth: 90 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 45 feet.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yard: 5 feet.

c.

Minimum rear year: 10 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 50%.

E.

Use Limitations.

1.

Golf courses are permitted for daytime use only and may, as accessory uses, offer for daytime use only areas for pitch and putt and golf driving ranges. In addition, golf courses may, as an accessory use, provide a clubhouse.

2.

Mobile Food Vending is limited to properties developed with a park or school or at city-approved events.

(Ord. No. 2529, §§ 1.47, 1.48, 5-23-23; Ord. No. 2555, §§ 1.27—1.29, 1.61, 5-14-24)

This special purpose district is intended to provide low density manufactured/mobile home parks which would be compatible with the character of the surrounding neighborhood and would be consistent with the future land use plan element of the Comprehensive Plan.

A.

Permitted Uses.

1.

Residential Uses:

a.

Manufactured/Mobile Home Park, subject to Use Limitation 405.E.

2.

Public and Civic Uses:

a.

Child Care Center.

3.

Commercial Uses:

a.

None.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Recreational Vehicle Campground.

b.

Recreational Vehicle Parking.

C.

Lot Size Requirements for Parks.

1.

Minimum lot area: 130,000 square feet.

2.

Minimum lot width: None

3.

Minimum lot depth: None

D.

Bulk Regulations for Parks.

1.

Maximum structure height: 35 feet.

2.

Yard requirements:

a.

Minimum front yard: 25 feet on all sides abutting a street.

b.

Minimum side yard: 25 feet.

c.

Minimum rear yard: 25 feet.

3.

Maximum lot density: Seven homes per gross acre.

E.

Standards for Manufactured/Mobile Home Parks.

1.

The park shall be under one ownership and control and individual occupants other than the owner shall not own any parcel or portion of the park.

2.

The applicant for a new park, or for the expansion of an existing park shall submit a site layout plan complying with the minimum requirements of this section. Such plan shall be considered for approval as part of the application for a change in zoning district classification. Applications and plans shall be submitted in a form as required by the Zoning Administrator.

3.

Topographic contours at intervals of one foot shall be indicated on the plan.

4.

The park shall be located on a well-drained site, which is properly graded to ensure rapid drainage and freedom from stagnant pools of water in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures, and permits.

5.

The park shall provide individual spaces for homes. Each such space must be clearly defined and delineated. No single space may contain less than 3,600 square feet nor have a width of less than 40 feet.

6.

Homes shall be located with a minimum clearance of 20 feet between homes; provided, however, with respect to homes parked end-to-end, the clearance shall not be less than 10 feet. No home shall be located less than 10 feet from its front driveway.

7.

No home shall be located less than 25 feet from any property line of the park or from any community building within the park, including any washroom, toilet, laundry facility or sales office.

8.

All spaces for homes shall front upon a private driveway of not less than 24 feet in width, including curbs on each side; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 28 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 36 feet.

9.

Common walks shall be provided in locations where pedestrian traffic is concentrated and shall connect the entrance to the park, the park office and other park facilities. Common walks shall be located through interior park areas and shall be separated from streets.

10.

All driveways and sidewalks within the park shall be surfaced with concrete and/or asphalt which is well maintained and adequately lighted.

11.

Each manufactured home park shall devote a minimum of 200 square feet per space as area for recreational facilities. Individual areas recreational facilities shall not be less than 5,000 square feet. Required setbacks, driveways and off-street parking spaces shall not be considered as recreational space. A minimum of 50% of recreational area facilities shall be constructed prior to the development of one-half of a new and/or the expansion of an existing park, and all recreational facilities shall be constructed by the time a new and/or the expansion of an existing park is 75% developed.

12.

A solid visual screen or landscaped buffer shall be provided between the MH-1 District and any adjoining property or property immediately across an alley which is not zoned MH-1. Fences or walls providing screening shall be a minimum of six feet high and a maximum of eight feet high. Landscaped buffers installed in lieu of a fence or wall shall be a minimum of 25 feet in width and shall provide a combination of coniferous and deciduous plant materials to achieve screening for the park. When a landscaped buffer is used, the buffer shall not be considered as any part of a required rear yard for a manufactured/mobile home space.
Fences, walls, and landscaping shall not be located within a vision triangle as defined by these regulations. The fence, wall and/or landscaping shall be properly policed and maintained by the owner.

13.

Each space shall be provided with a paved patio of not less than 150 square feet and a storage structure of not less than 60 square feet. Such storage structure shall be designed in a manner that will enhance the park and shall be constructed of weather resistant material.

14.

Provided community buildings, recreation facilities, laundry facilities and/or other similar facilities shall be permanent type structure(s) complying with all applicable building codes adopted by the City. Storm shelter(s) adequate for all park residents shall be included in such facilities or shall be provided as separate structure(s) within the park.

15.

A potable supply of water shall be provided in each park. The size and location of water mains and any fire hydrants determined to be necessary by the City and/or other regulating government or agency shall be designed by a licensed professional engineer and installed in accordance with the requirements of the agency from which the water supply is obtained. Individual water service connections shall be provided at each space.

16.

Individual sewer connections shall be provided for each space and shall be in accordance with all codes and regulations regarding such systems. All sewage systems shall be designed by a licensed professional engineer and shall be submitted to the City for approval prior to installation and inspection prior to issuance of a zoning permit and/or occupancy permit for a new and/or the expansion of an existing park.

17.

All electric distribution systems, plumbing systems and telephone service systems to each space, except outlets and risers shall be underground.

18.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in any other residential district.

19.

The park and each home therein shall comply with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits, including established standards for anchoring homes.

20.

Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of the zoning permit authorizing construction of the project. Changes to plans shall be submitted for consideration and approval by the Planning Commission and Governing Body prior to the issuance of a zoning permit.

This district is intended to permit limited office uses and various public, quasi-public and private institutional uses, which are of a moderate density and intensity of use. Such uses should have adequate vehicular and pedestrian access and serve as buffer areas between residential uses and more intensive development and/or arterial streets.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Boarding or Rooming House.

d.

Group Home.

e.

Multi-Family Dwelling.

f.

Single-Family Dwelling.

g.

Single-Family Attached Dwelling.

h.

Two-Family Dwelling.

i.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

c.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 55 feet or less [See Section 303.F].

d.

Educational, Cultural, or Philanthropic Institution.

e.

Fraternal and Service Club.

f.

Hospital.

g.

Nursing or Convalescent Home.

h.

Place of Worship.

3.

Commercial Uses:

a.

Reserved.

b.

Business and Professional Office, subject to Use Limitation 406.E.9.

c.

Medical Service.

d.

Mobile Food Vending.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Cemetery.

b.

Governmental Use.

c.

Public Utility.

d.

Rehabilitation Home.

e.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Mortuary and Funeral Home.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 4,800 square feet.

b.

Single-family attached: 2,400 square feet per dwelling.

c.

Two-family dwellings: 4,800 square feet.

d.

Multi-family dwellings: 1,750 square feet per dwelling unit.

e.

All other permitted uses: 4,800 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 40 feet.

b.

Single-family attached: 40 feet for each two dwellings.

c.

Two-family dwellings: 40 feet.

d.

Multi-family dwellings: 50 feet.

e.

All other permitted uses: 50 feet.

3.

Minimum lot depth: 90 feet

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 45 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 55 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements

a.

Minimum front yard: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial, or any anchor or guy may encroach upon the land or airspace of a required front yard.

b.

Minimum side yard: 5 feet. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial, or any anchor or guy may encroach upon the land or airspace of a required side yard.

c.

Minimum rear yard: 10 feet. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial, or any anchor or guy may encroach upon the land or airspace of a required rear yard.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 50%

E.

Use Limitations.

1.

Exterior lighting shall be shaded and/or directed to minimize light cast upon adjoining properties and public streets.

2.

All business, service, storage, and display goods shall be located within a completely enclosed structure, except:

a.

Paved customer and employee vehicle parking and paved parking for vehicles used in conjunction with the use occupying the zoning lot.

b.

Outdoor recreation space for day care facilities incidental to a permitted use.

3.

All structures shall be located on sites that are planted and landscaped, except for parking areas and hard-surfaced walks.

4.

Off-street parking facilities shall not be used for the display of vehicles or items for sale.

5.

The promotional activities of any business establishment shall not involve the following:

a)

Outdoor use of string type lighting or outdoor use of reflective or non-reflective banners, streamers, pennants, balloons or promotional flags.

b)

Outdoor use of sound projecting devices or loudspeakers.

c)

Advertisement attached or painted to any wall or fence erected to provide screening from adjacent properties.

d)

Outdoor placement of temporary signage or displays which advertise types of products, name brands or management policies.

6.

Outdoor signs as permitted by Article 7 of these regulations.

7.

Off-street parking and loading as required by Article 5 of these regulations.

8.

Screening and landscaping as required by Section 304 of these regulations.

9.

Business and professional offices shall not exceed 3,500 square feet of floor area.

(Ord. No. 2555, §§ 1.30, 1.31, 1.62, 5-14-24)

This district is intended to provide for business and professional offices that have limited evening activities. Uses permitted within this district are envisioned to be located along major streets to serve as buffer areas between other business, industrial and the residential districts.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Group Home.

d.

Multi-Family Dwelling.

e.

Single-Family Dwelling.

f.

Single-Family Attached Dwelling.

g.

Two-Family Dwelling.

h.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

3.

Commercial Uses:

a.

Reserved.

b.

Business and Professional Office, subject to Use Limitation 407.E.9.

c.

Financial Institution, subject to Use Limitation 407.E.10.

d.

Medical Service, subject to Use Limitation 407.E.11.

e.

Mobile Food Vending.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 55 feet or less [See Section 303.F.].

b.

Governmental Use.

c.

Public Utility.

3.

Commercial Uses:

a.

Animal Hospital, subject to Supplemental Regulation 1101.D.2.

b.

Mortuary and Funeral Home.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 4,800 square feet.

b.

Single-family attached: 2,400 square feet per dwelling.

c.

Two-family dwellings: 4,800 square feet.

d.

Multi-family dwellings: 1,750 square feet per dwelling unit.

e.

All other permitted uses: 4,800 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 40 feet.

b.

Single-family attached: 40 feet for each two dwellings.

c.

Two-family dwellings: 40 feet.

d.

Multi-family dwellings: 50 feet.

e.

All other permitted uses: 50 feet.

3.

Minimum lot depth: 80 feet

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 45 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 55 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a)

Minimum front yard:

1)

Single-family dwellings, single-family attached and two-family dwellings: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

2)

All other permitted uses: 10 feet on all sides abutting a street.

3)

No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial, or any anchor or guy may encroach upon the land or airspace of a required front yard.

b)

Minimum side yard:

1)

Residential uses: 5 feet.

2)

All other permitted uses: None, but if there is a side yard provided, it shall not be less than 5 feet.

c)

Minimum rear yard:

1)

Residential uses: 10 feet.

2)

All other permitted uses: None, but if there is a rear yard provided, it shall not be less than 5 feet.

d)

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 50%

E.

Use Limitations.

1.

Exterior lighting shall be shaded and/or directed to minimize light cast upon adjoining properties and public streets.

2.

All business, service, storage, and display goods shall be located within a completely enclosed structure, except:

a)

Paved customer and employee vehicle parking and paved parking for vehicles used in conjunction with the use occupying the zoning lot.

b)

Outdoor recreation space for day care facilities incidental to a permitted use.

3.

All structures shall be located on sites that are planted and landscaped, except for parking areas and hard-surfaces walks.

4.

Off-street parking facilities shall not be used for the display of vehicles or items for sale.

5.

The promotional activities of any business establishment shall not involve the following:

a)

Outdoor use of string type lighting.

b)

Outdoor use of sound projecting devices or loudspeakers.

c)

Advertisement attached or painted to any wall or fence erected to provide screening from adjacent properties.

d)

Outdoor placement of temporary signage or displays which advertise types of products, name brands or management policies.

6.

Outdoor signs as permitted by Article 7 of these regulations, unless specifically prohibited by the text of this district.

7.

Off-street parking and loading as required by Article 5 of these regulations.

8.

Screening and Landscaping as required by Section 304 of these regulations.

9.

Business and professional offices shall not exceed 4,000 square feet of floor area.

10.

Financial institutions shall not have drive-through facilities.

11.

Medical service businesses shall be limited to 4,000 square feet of floor area or less and shall not include emergency or 24-hour services.

(Ord. No. 2555, §§ 1.32, 1.33, 1.63, 5-14-24)

This district is intended to accommodate the retail sale of convenience goods and services in shopping districts of limited size that serve neighboring residential uses. Access for pedestrian and vehicular traffic shall be provided.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Group Home.

d.

Multi-Family Dwelling.

e.

Single-Family Dwelling.

f.

Single-Family Attached Dwelling.

g.

Two-Family Dwelling.

h.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

c.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 60 feet or less [See Section 303.F.].

3.

Commercial Uses:

a.

Reserved.

b.

Business and Professional Office, subject to Use Limitations 408.E.2. and 408.E.4.

c.

Financial Institution, subject to Use Limitations 408.E.2. and 408.E.4.

d.

Medical Service.

e.

Mobile Food Vending.

f.

Personal Care Business, subject to Use Limitations 408.E.2. and 408.E.4.

g.

Restaurant, subject to Use Limitations 408.E.2. and 408.E.4,

h.

Retail Business, subject to Use Limitations 408.E.2. and 408.E.4.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Governmental Use.

b.

Public Utility.

3.

Commercial Uses:

a.

Animal Hospital, subject to Supplemental Regulation 1101.D.2.

b.

Automobile Service Station.

c.

Car Wash, subject to Supplemental Regulation 1101.D.4.

d.

Convenience Store.

e.

Drinking Establishment.

f.

Mortuary or Funeral Home.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 3,600 square feet.

b.

Single-family attached: 2,400 square feet per dwelling.

c.

Two-family dwellings: 4,800 square feet.

d.

Multi-family dwellings: 1,750 square feet per dwelling unit.

e.

All other permitted uses: 4,800 square feet.

2.

Minimum lot width:

a.

Single-family dwellings: 30 feet.

b.

All other permitted uses: 40 feet.

3.

Minimum lot depth: 70 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 50 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 60 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a)

Minimum front yard:

1)

Single-family dwellings, single-family attached and two-family dwellings: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

2)

All other permitted uses: 10 feet on all sides abutting a street.

3)

No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial, or any anchor or guy may encroach upon the land or airspace of a required front yard.

b)

Minimum side yard: None, but if a side yard is provided, it shall not be less than 5 feet.

c)

Minimum rear yard:

1)

Residential uses: 10 feet.

2)

All other permitted uses: None, but if there is a rear yard provided, it shall not be less than 5 feet.

d)

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 60%

E.

Use Limitations.

1.

All areas not otherwise used for structures, parking, loading, driveways or walkways, shall be landscaped with plant materials.

2.

Unless specifically established for certain uses, no separate business establishment shall occupy more than 8,000 square feet of floor space.

3.

All business establishments shall be retail or service establishments dealing directly with consumers. Wholesaling establishments are not permitted.

4.

Unless specifically permitted, all business, service, storage and display of goods, shall be conducted within completely enclosed structures.

5.

The providing of outdoor vending machines and/or outdoor storage lockers for ice or similar products is prohibited unless specifically provided for as part of an special use authorizing a car wash, and/or automobile service station or in conjunction with the approval of incidental sales of gasoline for a convenience store.

6.

Unless permitted by exception, no business establishment shall offer goods or services directly to customers waiting in motor vehicles or have drive-through facilities or drive-in facilities with on-site order boxes.

7.

An outdoor dining area shall not exceed 20% of the size of the enclosed portion of the business. Seating in an outdoor dining area shall be a factor in determining the number of required off-street parking spaces.

8.

Exterior lighting shall be shaded and/or directed to minimize light cast upon adjoining properties and public streets.

9.

Off-street parking facilities shall not be used for the display of vehicles or items for sale.

10.

No business establishment shall assemble goods or items for off-site sales.

11.

The promotional activities of any business establishment shall not involve the following:

a.

Outdoor use of string type lighting;

b.

Outdoor use of sound projecting devices or loudspeakers;

c.

Advertisement attached or painted on any wall or fence erected to provide screening from adjacent properties;

d.

Outdoor placement of temporary signage or displays, unless such signage constitutes a wall sign, in compliance with the requirements of Article 7 (Signs) of these regulations, which advertises types of products, name brands or management policies, i.e., matching of competitor prices, double coupons value, etc.

12.

Temporary outdoor uses identified by Section 601 of these regulations are prohibited in the B-2 Neighborhood Business District.

13.

Outdoor signs as permitted by Article 7 of these regulations.

14.

Off-street parking and loading as required by Article 5 of these regulations.

15.

Screening and landscaping as required by Section 304 of these regulations.

(Ord. No. 2555, §§ 1.34, 1.35, 1.64, 1.65, 5-14-24)

This special purpose district provides enhanced standards for the conversion of existing residential buildings within the district to institutional, office and commercial uses. The district standards allow property owners to capitalize on existing high traffic volume along the Buckner Street and Meadowlark Boulevard corridors by providing expanded allowable uses for their properties. The City's standards are intended to enhance appearance within the streetscape assisting with the area's conversion to non-residential uses while maintaining its existing residential character.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Group Home.

c.

Single-Family Dwelling.

d.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

3.

Commercial Uses:

a.

Business and Professional Office.

b.

Financial Institution.

c.

Medical Service.

d.

Mobile Food Vending.

e.

Personal Care Business.

f.

Retail Business.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

Multi-Family Dwelling, subject to Supplemental Regulation 1101.D.9.

b.

Single-Family Attached Dwelling, subject to Supplemental Regulation 1101.D.12.

c.

Two-Family Dwelling, subject to Supplemental Regulation 1101.D.14.

2.

Public and Civic Uses:

a.

Public Utility.

3.

Commercial Uses:

a.

Physical Fitness Center.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum Lot Area: 4,800 square feet.

2.

Minimum Lot Width: 40 feet.

3.

Minimum Lot Depth: 80 feet.

D.

Bulk Regulations.

1.

Maximum structure height: 35 feet.

2.

Yard requirements:

a.

Minimum front yard: 20 feet on all sides abutting a street, except that on corner lots one of the yards may be reduced to 15 feet; however, 20 feet shall still be required for yards with access to a garage.

b.

Minimum side yard: 5 feet

c.

Minimum rear yard: 15 feet

3.

Maximum lot coverage: 50%

E.

Use Limitations.

1.

All buildings are required to maintain the general single story residential character by either maintaining said appearance of existing buildings, or by constructing new structures to such appearance. Additionally, specific requirements for screening, parking and signage for the B-2A District are included in Articles 3, 5, and 7, respectively. Special accommodations are provided for meeting parking needs based on the present lot configurations within this district and the lack of ability to provide additional off-street parking because of said lot configuration.

2.

All areas not otherwise used for structures, parking, loading, driveways or walkways shall be landscaped with plant materials.

3.

Outdoor storage is prohibited.

4.

Unless permitted by exception, no business establishment shall offer goods or services directly to customers waiting in motor vehicles or have drive-through facilities.

5.

Exterior lighting shall be shaded and/or directed to minimize light cast upon adjoining properties and public streets.

6.

The outdoor display of items for sale is prohibited.

7.

The promotional activities of any business establishment shall not involve the following:

a.

Outdoor use of string lighting;

b.

Outdoor use of sound projecting devices or loudspeakers;

c.

Advertisement materials attached or painted on any wall or on any fence erected to provide screening from adjacent properties;

8.

Signs as permitted by Article 7 of these regulations.

9.

Off-street parking and loading as required by Article 5 of these regulations.

10.

Screening and Landscaping as required by Section 304 of these regulations.

11.

The hours of operation for all uses, except the Single-Family Detached Dwellings, shall be limited to 6:00 AM—10:00 PM daily.

12.

Commercial developments within this district shall be limited to a maximum of five contiguous platted lots and/or un-platted parcels.

(Ord. No. 2529, § 1.28, 5-23-23; Ord. No. 2555, §§ 1.36—1.38, 5-14-24)

This special purpose district is intended for application on properties designated as MU Mixed Use on the Future Land Use Map. The district accommodates a variety of land uses in a pedestrian-oriented, urban-scale environment that promotes human-scale building design and public open space and creates distinctive and memorable mixed-use developments. Developments in this district are required to have a mixture of residential, office, retail and service uses, along with public spaces, entertainment uses and other specialty facilities that are compatible in both character and function. Developments are encouraged to utilize on-street and shared parking facilities linked to multiple buildings and adjacent development by an attractive pedestrian network that emphasizes a high-quality pedestrian experience. High standards of design for building, infrastructure, and landscaping are required and buildings are required to be oriented to streets and public spaces to create a walkable environment.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Group Home.

c.

Multi-Family Dwelling.

d.

Single-Family Dwelling.

e.

Single-Family Attached Dwelling.

f.

Two-Family Dwelling.

g.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Child Care Center.

c.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 80 feet or less [See Section 303.F.].

3.

Commercial Uses:

a.

Amusement Center.

b.

Reserved.

c.

Business and Professional Office.

d.

Financial Institution

e.

Liquor and Cereal Malt Beverage Business.

f.

Medical Service.

g.

Mobile Food Vending.

h.

Personal Care Business.

i.

Recreation Facility, Indoor.

j.

Restaurant.

k.

Retail Business.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

None.

3.

Commercial Uses:

a.

Drinking Establishment.

b.

Hotel.

c.

Recreation Facility, Indoor.

d.

Theater.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 2,700 square feet.

b.

Single-family attached dwellings: 1,800 square feet per dwelling unit.

c.

Two-family dwellings: 3,600 square feet.

d.

Multi-family dwellings: 1,250 square feet per dwelling unit.

e.

All other permitted uses: 3,600 square feet.

2.

Minimum lot width: 30 feet.

3.

Minimum lot depth: 60 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 65 feet except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 80 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: None, but if one is provided, it shall not be more than 10 feet, provided that horizontal articulation of a wall not exceeding 25% of the wall length may provide a greater front setback and existing easements may require a greater setback.

b.

Minimum side yard: None, but if a side yard is provided, it shall not be less than 5 feet.

c.

Minimum rear yard: None, but if a rear yard is provided, it shall not be less than 5 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 100%, except that the public open space requirement for the Site Development Plan shall be met.

E.

Use Limitations.

1.

Development is required to have a mixture of residential, public, civic, and commercial uses, along with public open space. An application for the MU-1 District shall be accompanied by a Preliminary Plat application and a proposed Site Development Plan specifying:

a.

The number of dwelling units by residential use type for each lot.

b.

The gross floor area of public, civic, and commercial uses for each lot.

c.

The square footage of public open space for each lot.

d.

The design of public streets.

2.

Development shall be subject to a development agreement approved with the final plat requiring substantial conformance with a Site Development Plan.

3.

Off-street parking and loading shall be as required by Article 5 of these regulations except for the following:

a.

The total number of off-street parking spaces provided within the Site Development Plan shall not exceed the aggregate minimum required parking specified by Section 501.A of these regulations for the combined uses within the development.

1)

The total number of off-street parking spaces provided within the Site Development Plan may be reduced through a shared parking analysis pursuant to Section 500.8 of these regulations.

2)

The total number of off-street parking spaces within the Site Development Plan may be increased through Planning Commission approval based on a demonstrated need for additional parking.

b.

Off-street parking spaces for any use may be located on another lot within the Site Development Plan, except that parking for multi-family, public, civic, or commercial uses shall not be located on a lot specified for single-family or two-family uses. Off-street parking spaces located on another lot shall be subject to an agreement for off-site parking pursuant to Section 502.E of these regulations.

c.

Off-street parking shall not be located between a building and a street.

d.

On-street parking spaces within the Site Development Plan may be counted towards meeting the off-street parking requirements of Section 501.A. of these regulations.

4.

Public open space shall be provided equal to a minimum of 2% of the land area within the Site Development Plan. Public open space shall meet the following requirements:

a.

All required public open space shall be located on lots specified for mixed or commercial uses and shall be available for public use at all times that commercial uses within the Site Development Plan are open for business.

b.

Public open spaces shall be connected by designated pedestrian routes to all lots within the Site Development Plan and to all streets abutting the Site Development Plan. Designated pedestrian routes shall be a sidewalk along a street or an extension thereof, and, if located within a parking lot, shall be separated from vehicular travel aisles by raised curbs and provided lighting and landscaping.

c.

Public open spaces shall be designed to be safe and inviting and include landscaping, lighting, benches, trash cans, bicycle parking, and at least one feature such as a plaza, fountain, sculpture, gazebo, shelter, or other amenity.

5.

Public streets within the Site Development Plan shall be designed to provide a safe and comfortable environment for pedestrians and bicyclists and shall include, to the extent practical, design features outlined in the Walkable Development Plan such as bump-outs, medians, tight corner radii, high visibility crosswalks, on-street parking, limited driveways, on-street bicycle lanes, street trees, lighting, benches, and other amenities.

6.

All buildings entrances within the Site Development Plan shall be connected by designated pedestrian routes to all lots within the Site Development Plan and to all streets abutting the Site Development Plan. Designated pedestrian routes shall be a sidewalk along a street or an extension thereof, and, if located within a parking lot, shall be separated from vehicular travel aisles by raised curbs and provided lighting and landscaping.

7.

Screening and landscaping shall be as required by Section 304 of these regulations except for the following:

a.

When the minimum landscape street yard size required by Section 304.G. of these regulations exceeds 10 square feet per linear foot of frontage for any lot, buildings on the lot shall provide a 10-foot front setback that is landscaped in accordance with Section 304.H. and the remaining square footage of street yard shall be located within or adjacent to vehicular parking areas within the Site Development Plan and shall be landscaped in accordance with Section 304.H. of these regulations.

b.

When the minimum landscape street yard width required by Section 304.G. of these regulations is 10 square feet per linear foot of frontage for any lot, buildings may provide less than a 10-foot front setback that is landscaped in accordance with Section 304.H. of these regulations and the remaining square footage of street yard may be located within or adjacent to vehicular parking areas withing the Site Development Plan and shall be landscaped in accordance with Section 304.H. of these regulations.

c.

The required landscape street yard may be used for outdoor dining areas and sidewalk display areas provided that the minimum amount of landscaping required by Section 304.H of these regulations is increased by 1.5 times with the additional landscaping planted in raised planters or pots incorporated into the design of dining and/or sidewalk display areas.

d.

Screening shall be provided along side and rear lot lines in accordance with Section 304.I.1., of these regulations except that multi-family, public, civic, and commercial uses within the Site Development Plan shall provide screening from single-family and two-family uses by evergreen vegetation, landscaped earth berm, a 25-foot side landscape yard, or a combination thereof per a plan approved in accordance of Section 304.E of these regulations and not by walls or fences.

e.

Single-family and two-family uses within the Site Development Plan that abut any residential zoning district shall not be required to provide screening or a landscape buffer along side and rear lot lines.

8.

All business, service, storage and display of goods, shall be located within a completely enclosed structure, except:

a.

Paved customer and employee vehicle parking and paved parking for vehicles used in conjunction with the business occupying the zoning lot is permitted outdoors.

b.

Temporary uses as permitted by Section 601 of these regulations.

c.

Display and sales area equivalent to not more than five percent of the total floor area of the enclosed portion of the business establishment is permitted outside of a completely enclosed building, provided that:

1)

Such outside use areas do not occupy or interfere with any required parking spaces or obstruct any vision triangle;

2)

The outside use area is paved with concrete, bricks, stone, or similar material;

3)

The arrangement of display items shall not obstruct accessibility or impede pedestrian movement.

9.

Drive-through facilities and drive-in facilities with on-site order boxes require an exception.

10.

An outdoor dining area shall not exceed 50% of the size of the enclosed portion of the business. Seating in an outdoor dining area shall not be a factor in determining the number of required off-street parking spaces.

11.

Outdoor signs shall be as permitted for the MU-1 District by Article 7 of these regulations.

(Ord. No. 2555, §§ 1.39, 1.40, 5-14-24)

This district is intended to group the more intensive retail merchandising activities of the City into concentrated areas. The uses permitted in this district are intended to serve the shopping needs and activities of the City's residents and the residents of Derby's retail trade area. Those types of land uses, which are compatible with and act to strengthen the retail business area, are included as permitted uses.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Group Home.

d.

Multi-Family Dwelling.

e.

Single-Family Dwelling.

f.

Single-Family Attached Dwelling.

g.

Two-Family Dwelling.

h.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Assembly Hall.

c.

Child Care Center.

d.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 80 feet or less [See Section 303.F.].

e.

Educational, Cultural, or Philanthropic Institution.

f.

Fraternal and Service Club.

g.

Hospital.

h.

Nursing or Convalescent Home.

i.

Place of Worship.

3.

Commercial Uses:

a.

Amusement Center.

b.

Animal Hospital, subject to Use Limitation 409.E.8.

c.

Automobile Service Station, subject to Use Limitation 409.E.1.f.

d.

Reserved.

e.

Business and Professional Office.

f.

Car Wash, subject to Use Limitation 409.E.6.

g.

Convenience Cash Business, subject to Use Limitation 409.E.7.

h.

Convenience Store.

i.

Drinking Establishment.

j.

Financial Institution.

k.

Home Improvement Center, subject to Use Limitation 409.E.1.e.

l.

Hotel.

m.

Liquor and Cereal Malt Beverage Business.

n.

Manufacturing, Small-Scale.

o.

Medical Service.

p.

Mobile Food Vending.

q.

Mortuary and Funeral Home.

r.

Pawnshop.

s.

Personal Care Business.

t.

Physical Fitness Center.

u.

Recreation Facility, Indoor.

v.

Restaurant.

w.

Retail Business.

x.

Theater.

y.

Vehicle Parking Lot.

z.

Vehicle Repair Garage, subject to Use Limitation 409.E.1.f.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses.

a.

Communication Structure.

b.

Governmental Use.

c.

Public Utility.

d.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Automobile, Truck, Boat, Trailer, Motorcycle and Recreational Vehicle Sales.

b.

Concrete Mixing Facility, subject to Use Limitation 409.E.1.c.

c.

Equipment Rental and Sales, subject to Supplemental Regulation 1101.D.6.

d.

Garden Center, subject to Supplemental Regulation 1101.D.7.

e.

Recreation Facility, Outdoor, subject to Supplemental Regulation 1101.D.11.

f.

Recreational Vehicle Campground.

g.

Truck Service Station, subject to Supplemental Regulation 1101.D.13.

h.

Vehicle Body and Fender Repair, subject to Supplemental Regulation 1101.D.13.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area:

a.

Single-family dwellings: 2,700 square feet.

b.

Single-family attached dwellings: 1,800 square feet per dwelling unit.

c.

Two-family dwellings: 3,600 square feet.

d.

Multi-family dwellings: 1,250 square feet per dwelling unit.

e.

All other permitted uses: 3,600 square feet.

2.

Minimum lot width: 30 feet.

3.

Minimum lot depth: 60 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 65 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 80 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 10 feet. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial or any anchor or guy may encroach upon the land or airspace of a required front yard.

b.

Minimum side yard: None, but if a side yard is provided, it shall not be less than 5 feet.

c.

Minimum rear yard: None, but if a rear yard is provided, it shall not be less than 5 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 70%

E.

Use Limitations.

1.

All business, service, storage and display goods shall be located within a completely enclosed structure, except:

a.

Paved customer and employee vehicle parking and paved parking for vehicles used in conjunction with the business occupying the zoning lot is permitted outdoors.

b.

Temporary uses as permitted by Section 601 of these regulations.

c.

Display and sales area equivalent to not more than 10 percent of the total floor area of the enclosed portion of the business establishment is permitted outside of a completely enclosed building, unless a different percentage is specifically authorized for certain uses within Section 409.E. or under an approved exception issued in accordance with Section 1004; provided that:

1)

Such outside use areas do not occupy or interfere with any required parking spaces or obstruct any vision triangle;

2)

The outside use area may be located within any required yard or setback unless the provisions of this subsection (E) or Section 1004 of these regulations prohibit such use of a required yard or setback;

3)

The outside use area is paved with concrete or asphaltic concrete, unless provided for otherwise by this subsection (E) or Section 1004 of these regulations;

4)

The arrangement of display items shall not obstruct handicapped accessibility or impede pedestrian movement.

d.

An outdoor dining area shall not exceed 30% of the size of the enclosed portion of the business. Seating in an outdoor dining area shall be a factor in determining the number of required off-street parking spaces.

e.

HOME IMPROVEMENT CENTERS may have storage or display areas which are located outside of completely enclosed buildings, for building materials and supplies, equivalent to not more than 20% of the total floor area of the completely enclosed portion of the Center; provided that;

1)

Items being stored outside of a completely enclosed building are a part of the Center's inventory for future on-site retail sale;

2)

At least 50% of all items being stored outside of the enclosed portions of the Center are stored beneath a roof structure, which complements the style of the Center's overall architecture. All ground surface beneath the roofed structure shall be paved with a concrete surface. Any fencing or partial enclosure of the sides, front, or back of the roofed structure shall not contrast with the architectural style of the Center;

3)

Any area used for outside merchandise storage or display shall be paved with concrete or asphaltic concrete and provided with appropriate fire-lane aisles;

4)

Any accessory structures built or placed for merchandise storage or display purposes and any INCIDENTAL CONCRETE MIXING FACILITY, approved as an exception, shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall or the principal building. Such accessory structures and uses shall observe at least a 40-foot setback from any perimeter property line, however, only a 10-foot side or rear yard setback is required if the adjacent property is zoned B-3, B-4, B-5 or M-1;

5)

All items being stored or displayed outside of a completely enclosed building shall be provided solid visual screening and landscaping to block ground-level view by persons occupying residential uses adjacent to or across a street from the Center and along the zoning lot's direct boundary with any residential zoning district. When bordered by any non-residential zoning district, other than the B-3, B-4, B-5 or M-1 Districts, the outside storage or display area shall be provided landscaping to partially screen its ground-level view from such districts;

6)

The use area of the outside storage and display shall not be a factor in determining the Center's overall off-street parking requirement;

7)

Outside display and storage areas shall not be located within a required FRONT YARD SETBACK and shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned the B-3, B-4, B-5 or M-1 District.

f.

AUTOMOBILE SERVICE STATIONS and VEHICLE REPAIR BUSINESSES may have storage areas located outside of a completely enclosed building for vehicles undergoing active repair; provided that:

1)

Any area used for outside storage of vehicles or equipment shall be paved with concrete or asphaltic concrete;

2)

Except for required customer and employee parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business, any area used for outside vehicle storage shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall of the principal building;

3)

Any area used for outside vehicle storage shall observe at least a 10-foot setback from any perimeter property line when the adjacent property is zoned a residential district;

4)

Except for required customer and employee vehicle parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business all vehicles being stored outside shall be provided solid visual screening and landscaping to block ground-level view of such vehicles by persons occupying residential uses adjacent to or across a street from the business and along the zoning lots direct boundary with any residential district. When bordered by any non-residential zoning district, other than the B-3, B-4, B-5 or M-1 Districts, the outside vehicle storage area shall be provided landscaping to partially screen its ground-level view from such districts;

5)

The use area for the outside vehicle storage shall not be a factor in determining the business' overall off-street parking requirement, unless during review of the required exception to these regulations, it is decided that such outdoor use areas should be a factor in determining required off-street parking;

6)

Outside storage of inoperable vehicles and equipment that are not undergoing active repair or which are being salvaged or "parted out" is not permitted in the B-3 District.

2.

Exterior lighting fixtures shall be shaded and/or directed to minimize light cast upon adjoining properties and public streets.

3.

Outdoor signs as permitted by Article 7 of these regulations.

4.

Screening and landscaping as required by Section 304 of these regulations.

5.

Off-street parking, vehicle stacking spaces, and loading as required by Article 5 of these regulations.

6.

CAR WASHES shall observe the following use limitations:

a.

All vehicle washing, drying and cleaning equipment shall observe at least a 60-foot setback from any lot line that is adjacent to property within a residential zoning district or that is used for residential purposes at the time of construction/installation;

b.

Solid visual screening shall be provided along any side and rear property line which is adjacent to a residential use, a residential zoning district and/or the I-1 or B-1 zoning districts;

c.

All areas to be used for washing and drying operations, including all driveways, shall be paved with concrete or asphaltic concrete;

d.

All parking areas shall have adequate guards to prevent the extension or overhanging of vehicles beyond property lines or parking spaces;

e.

All drainage both natural and that created by the car wash operation shall be handled in a manner satisfactory to the City Engineer and in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits;

f.

The car wash shall be properly policed through inspections by the owner and/or operator to assure proper maintenance of car washing facilities and removal of trash.

7.

No new CONVENIENCE CASH BUSINESS shall be located within 1,500 feet of any other existing CONVENIENCE CASH BUSINESS, whether the existing business is located within or outside the city limits, or within 250 feet of any residence, said measurements being made in a straight line without regard to intervening structures or objects, from the nearest portion of the property line of the premises where the existing business or residence is located to the nearest portion of the property line of the premises where the new business is proposed.

8.

ANIMAL HOSPITALS shall be limited to the care, treatment and grooming of dogs, cats and other small animals, where all activities take place within a completely enclosed building. Accessory incineration facilities for the disposal of dead animals are prohibited.

(Ord. No. 2555, §§ 1.41, 1.42, 1.66, 5-14-24)

This district is similar to the B-3 District, but is intended to recognize that portions of the original retail trade area of the City need reduced requirements for vehicular parking spaces, reduced required yards or setbacks and a wider range of allowable uses in order to remain a viable part of the community.

A.

Permitted Uses.

1.

Residential Uses:

a.

Accessory Dwelling, subject to Supplemental Regulation 1101.D.1.

b.

Assisted Care Home.

c.

Group Home.

d.

Multi-Family Dwelling.

e.

Single-Family Dwelling.

f.

Single-Family Attached Dwelling.

g.

Two-Family Dwelling.

h.

Short-Term Rental, subject to Supplemental Regulation 1105.J.1.

2.

Public and Civic Uses:

a.

Adult Care Center.

b.

Assembly Hall.

c.

Child Care Center.

d.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 80 feet or less [See Section 303.F.].

e.

Educational, Cultural, or Philanthropic Institution.

f.

Fraternal and Service Club.

g.

Hospital.

h.

Nursing or Convalescent Home.

i.

Place of Worship.

3.

Commercial Uses:

a.

Amusement Center.

b.

Animal Hospital, subject to Use Limitation 410.E.10.

c.

Automobile Service Station, subject to Use Limitation 410.E.9.

d.

Automobile, Truck, Boat, Trailer, Motorcycle and Recreational Vehicle Sales.

e.

Reserved.

f.

Business and Professional Office.

g.

Car Wash, subject to Use Limitation 410.E.3.

h.

Convenience Cash Business, subject to Use Limitation 410.E.8.

i.

Convenience Store.

j.

Drinking Establishment.

k.

Financial Institution.

l.

Home Improvement Center, subject to Use Limitation 410.E.1.f.

m.

Hotel.

n.

Liquor and Cereal Malt Beverage Business.

o.

Manufacturing, Small-Scale.

p.

Medical Service.

q.

Microbrewery, subject to Use Limitation 410.E.4.

r.

Microdistillery, subject to Use Limitation 410.E.4.

s.

Mobile Food Vending.

t.

Mortuary and Funeral Home.

u.

Pawnshop.

v.

Personal Care Business.

w.

Physical Fitness Center.

x.

Recreation Facility, Indoor.

y.

Restaurant.

z.

Retail Business.

aa.

Theater.

bb.

Vehicle Parking Lot.

cc.

Vehicle Repair Garage, subject to Use Limitation 410.E.9.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication Structure.

b.

Governmental Use.

c.

Public Utility.

d.

Rehabilitation Home.

e.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Concrete Mixing Facility, subject to Use Limitation 410.E.1.f.

b.

Garden Center, subject to Supplemental Regulation 1101.D.7.

c.

Mini-Storage Warehouse.

d.

Recreation Facility, Outdoor, subject to Supplemental Regulation 1101.D.11.

e.

Recreational Vehicle Campground.

f.

Truck Service Station, subject to Supplemental Regulation 1101.D.13.

g.

Vehicle Body and Fender Repair, subject to Supplemental Regulation 1101.D.13.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum Lot area:

a.

Single-family dwellings: 1,800 square feet.

b.

Single-family attached dwellings: 1,750 square feet per dwelling unit.

c.

Two-family dwellings: 2,500 square feet.

d.

Multi-family dwellings: 1,000 square feet per dwelling unit.

e.

All other permitted uses: 2,500 square feet.

2.

Minimum lot width: 25 feet.

3.

Minimum lot depth: 50 feet.

D.

Bulk Regulations.

1.

Maximum structure height:

a.

Single-family dwellings, single-family attached and two-family dwellings: 35 feet.

b.

All other permitted uses: 65 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 80 feet without a special use permit.

c.

Special Uses: Determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: None, but if there is one provided, it shall not be less than five feet.

b.

Minimum side yard: None, but if there is one provided, it shall not be less than 5 feet.

c.

Minimum rear yard: None, but if there is one provided, it shall not be less than 5 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: A building, structure, or use may occupy all that portion of the lot not otherwise required for off-street parking, driveways, landscaping, screening, loading or the yard requirements listed above.

E.

Use Limitations.

1.

All business, service, storage and display goods shall be located within a completely enclosed structure, except:

a.

Paved customer and employee vehicle parking and paved parking for vehicles used in conjunction with the business occupying the zoning lot is permitted outside of a completely enclosed building.

b.

AUTOMOBILE, TRUCK, RECREATIONAL VEHICLE, TRAILER AND BOAT SALES (both new and used that are for sale or lease), may have vehicle storage and display areas that are not located within a completely enclosed building provided that:

1)

All outside vehicle storage and display areas shall be provided solid visual screening to block their ground-level view from adjacent residential, institutional, B-1 and B-2 zoning districts;

2)

Any area used for outside storage or display of vehicles shall be paved with concrete or asphaltic concrete and shall provide appropriate fire-lane aisles and, if required, fire hydrants;

3)

The advertising and promotional activities of the vehicle sales or leasing business shall not include the use of string-type lighting;

4)

The outdoor use of sound projecting devices or loudspeakers is prohibited;

5)

Customer and employee parking spaces shall be signed as either "Customer Parking" or "Employee Parking." The storage or display of vehicles for sale or lease shall not be permitted on parking spaces signed for such purposes;

6)

Vehicles to be sold or leased from shall not exceed a 1-ton weight classification;

7)

In accordance with the requirements of Section 501 of these regulations, the use area of outside vehicle storage and display shall be a factor in determining the business' overall off-street parking requirement.

c.

Temporary uses as permitted by Section 601 of these regulations;

d.

Display and sales area equivalent to not more than 10 30 percent of the total floor area of the enclosed portion of the business establishment is permitted outside of a completely enclosed building, unless in Section 410.E. or Section 1004 of these regulations a different percentage is specifically authorized for certain uses, provided that:

1)

Such outside use areas do not occupy or interfere with any required parking spaces or obstruct any vision triangle;

2)

The outside use area may be located within any required yard or setback unless the provisions of Section 410.E. or Section 1004 of these regulations prohibit such use of a required yard or setback;

3)

The outside use area is paved with concrete or asphaltic concrete, unless provided for otherwise by Section 410.E. or Section 1004 of these regulations;

4)

The arrangement of display items shall not obstruct handicapped accessibility or impede pedestrian movement.

e.

An outdoor dining area shall not exceed 100% of the size of the enclosed portion of the business.

f.

HOME IMPROVEMENT CENTERS may have storage or display areas which are located outside of completely enclosed buildings, for building materials and supplies, equivalent to not more than 20% of the total floor area of the completely enclosed portion of the Center; provided that;

1)

Items being stored outside of a completely enclosed building are a part of the Center's inventory for future on-site retail sale;

2)

At least 50% of all items being stored outside of the enclosed portions of the Center are stored beneath a roof structure, which complements the style of the Center's overall architecture. All ground surface beneath the roofed structure shall be paved with a concrete surface. Any fencing or partial enclosure of the sides, front, or back of the roofed structure shall not contrast with the architectural style of the Center;

3)

Any area used for outside merchandise storage or display shall be paved with concrete or asphaltic concrete and provided with appropriate fire-lane aisles;

4)

Any accessory structures built or placed for merchandise storage or display purposes and any INCIDENTAL CONCRETE MIXING FACILITY, approved as an exception, shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall of the principal building. Such accessory structures and uses shall observe at least a 40-foot setback from any perimeter property line, however, only a 10-foot side or rear yard setback is required if the adjacent property is zoned B-3, B-4, B-5 or M-1;

5)

All items being stored or displayed outside of a completely enclosed building shall be provided solid visual screening and landscaping to block ground-level view by persons occupying residential uses adjacent to or across a street from the Center and along the zoning lot's direct boundary with any residential zoning district. When bordered by any non-residential zoning district, other than the B-3, B-4, B-5 or M-1 Districts, the outside storage or display area shall be provided landscaping to partially screen its ground-level view from such districts;

6)

The use area of the outside storage and display shall not be a factor in determining the Center's overall off-street parking requirement;

7)

Outside display and storage areas shall not be located within a required FRONT YARD SETBACK and shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned the B-3, B-4, B-5 or M-1 District.

2.

Exterior lighting fixtures shall be shaded and/or directed to minimize light cast upon adjoining properties and streets.

3.

CAR WASHES. shall observe the following use limitations:

a.

All vehicle washing, drying and cleaning equipment shall observe at least a 60-foot setback from any lot line that is adjacent to property within a residential zoning district or that is used for residential purposes at the time of construction/installation;

b.

Solid visual screening shall be provided along any side and rear property line which is adjacent to a residential use, a residential zoning district and/or the I-1 or B-1 zoning districts;

c.

All areas to be used for washing and drying operations, including all driveways, shall be paved with concrete or asphaltic concrete;

d.

All parking areas shall have adequate guards to prevent the extension or overhanging of vehicles beyond property lines or parking spaces;

e.

All drainage both natural and that created by the car wash operation shall be handled in a manner satisfactory to the City Engineer and in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits;

f.

The car wash shall be properly policed through inspections by the owner and/or operator to assure proper maintenance of car washing facilities and removal of trash.

4.

MICROBREWERY and MICRODISTILLERY locations shall not conflict with Chapter 5.16 (Alcoholic Liquor and Cereal Malt Beverages) of the Derby Municipal Code or any other applicable federal, state and/or local laws, ordinances, rules and/or regulations.

5.

Outdoor signs as permitted by Article 7 of these regulations. The attaching or painting of advertisement on any wall or fence erected to provide screening from adjacent properties is prohibited.

6.

Screening and landscaping as required by Section 304 of these regulations

7.

Off-street parking and loading as required by Article 5 of these regulations.

8.

No new CONVENIENCE CASH BUSINESS shall be located within 1,500 feet of any other existing CONVENIENCE CASH BUSINESS, whether the existing business is located within or outside the city limits, or within 250 feet of any residence, said measurements being made in a straight line without regard to intervening structures or objects, from the nearest portion of the property line of the premises where the existing business or residence is located to the nearest portion of the property line of the premises where the new business is proposed.

9.

AUTOMOBILE SERVICE STATIONS and VEHICLE REPAIR BUSINESSES may have storage areas located outside of a completely enclosed building for vehicles undergoing active repair; provided that:

a.

Any area used for outside storage of vehicles or equipment shall be paved with concrete or asphaltic concrete;

b.

Except for required customer and employee parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business, any area used for outside vehicle storage shall not be located within a required FRONT YARD SETBACK and shall be located behind the front wall of the principal building;

c.

Any area used for outside vehicle storage shall observe at least a 10-foot setback from any perimeter property line when the adjacent property is zoned a residential district;

d.

Except for required customer and employee vehicle parking and the parking of vehicles used in conjunction with the Service Station or Vehicle Repair Business all vehicles being stored outside shall be provided solid visual screening and landscaping to block ground-level view of such vehicles by persons occupying residential uses adjacent to or across a street from the business and along the zoning lots direct boundary with any residential district. When bordered by any non-residential zoning district, other than the B-3, B-4, B-5 or M-1 Districts, the outside vehicle storage area shall be provided landscaping to partially screen its ground-level view from such districts;

e.

Outside storage of inoperable vehicles and equipment that are not undergoing active repair or which are being salvaged or "parted out" is not permitted in the B-4 District.

10.

ANIMAL HOSPITALS shall be limited to the care, treatment and grooming of dogs, cats and other small animals, where all activities take place within a completely enclosed building. Accessory incineration facilities for the disposal of dead animals are prohibited.

(Ord. No. 2529, §§ 1.33, 1.34, 5-23-23; Ord. No. 2555, §§ 1.43, 1.44, 1.67, 5-14-24)

This district is designated to permit non-residential uses that (1) are compatible with land designated by the United States Air Force's Air Installation Compatible Use Zone (AICUZ) Study, as being within Accident Potential Zone I or II of McConnell Air Force Base; (2) conforms to the guidelines of the 2004 Sedgwick County Joint Land Use Study (JLUS) (3) are consistent with the capacity and availability of public and private services; (4) are appropriate for development on land experiencing aircraft noise exposure equal to or in excess of 75 DNL; and (5) which provide either landscaping or screening, or a combination of both, to block or soften the view of areas devoted to outside uses and storage. The establishment of this district classification is not meant to be restricted to land designated by the Air Force as APZ I or II. However, it is intended only for properties along or near K-15 Highway from a point north of Red Powell to a point north of 55th Street South and for properties which experience an aircraft noise exposure equal to or above 75 DNL.

A.

Permitted Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers which are mounted on the roof or directly secured to a wall of a principal building when the height of the communication equipment is 80 feet or less [See Section 303.F.].

b.

Pet Cemetery.

3.

Commercial Uses:

a.

Adult Establishment, subject to Use Limitation 411.E.1.

b.

Automobile Service Station.

c.

Automobile, Truck, Boat, Trailer, Motorcycle and Recreational Vehicle Sales, subject to Use Limitation 411.E.6.e.

d.

Business and Professional Office.

e.

Car Wash.

f.

Construction Equipment and Storage Yard.

g.

Convenience Cash Business, subject to Use Limitation 411.E.6.l.

h.

Convenience Store.

i.

Drinking Establishment.

j.

Equipment Rental and Sales, subject to Use Limitation 411.E.6.g.

k.

Financial Institution.

l.

Garden Center, subject to Use Limitation 411.E.6.h.

m.

Home Improvement Center, subject to Use Limitation 411.E.6.f.

n.

Liquor and Cereal Malt Beverage Business.

o.

Lumberyard.

p.

Manufacturing, Large-Scale, subject to Use Limitation 411.E.6.k.

q.

Manufacturing, Small-Scale, subject to Use Limitation 411.E.6.k.

r.

Mini-Storage Warehouse.

s.

Mobile Food Vending.

t.

Mortuary and Funeral Home.

u.

Motor Freight Terminal.

v.

Nursery or Greenhouse, subject to Use Limitation 411.E.6.h.

w.

Pawnshop.

x.

Personal Care Business.

y.

Restaurant.

z.

Retail Business.

aa.

Storage Warehouse.

bb.

Truck Service Station, subject to Use Limitation 411.E.6.g.

cc.

Vehicle Body and Fender Repair.

dd.

Vehicle Parking Lot.

ee.

Vehicle Repair Garage, subject to Use Limitation 411.E.6.g.

ff.

Wholesale Business.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication Structure.

b.

Governmental Use.

c.

Public Utility.

d.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Animal Hospital, subject to Supplemental Regulation 1101.D.2.

b.

Concrete Mixing Facility.

c.

Dog Kennel.

d.

Truck Wash.

e.

Vehicle Storage Yard.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area: 15,000 square feet.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 150 feet.

D.

Bulk Regulations.

1.

Maximum Structure Height: 65 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 80 feet without a special use permit. The maximum permitted height for Special Uses will be determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 35 feet on all sides abutting a street. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial or any anchor or guy may encroach upon the land or airspace of a required front yard setback.

b.

Minimum side yard: None but if there is one provided, it shall not be less than 5 feet.

c.

Minimum rear yard: None but if there is one provided, it shall not be less than 5 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 70%

E.

Use Limitations.

1.

In addition to use limitations applicable under these regulations, Adult Entertainment Establishments shall comply with all other City ordinances pertaining to their location of operation, as such ordinances may be from time to time amended.

2.

Exterior lighting fixtures shall be shaded and/or directed to minimize light cast upon adjoining properties and streets.

3.

Signs as permitted by Article 7 of these regulations. The attaching or painting of advertisement on any wall or fence erected to provide screening from adjacent properties is prohibited.

4.

Screening and landscaping as required by Section 304 of these regulations.

5.

Off-street parking and loading as required by Article 5 of these regulations.

6.

All business, service, storage, manufacturing and display of goods shall be located within a completely enclosed building, except:

a.

Paved customer and employee vehicle parking and parking for vehicles used in conjunction with the business occupying the zoning lot is permitted outside of a completely enclosed building;

b.

Temporary uses as permitted by Section 601 of these regulations.

c.

Display and sales area equivalent to not more than 20 percent of the total floor area of the enclosed portion of the business establishment is permitted outside of a completely enclosed building; provided that:

1)

The outside use area shall not occupy or interfere with any required parking spaces or obstruct any vision triangle;

2)

The outside use area shall observe at least a 10-foot setback from any perimeter property line; however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

3)

The outside use area, if located in front of the front wall of the principal building, shall be paved with concrete, asphalt or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined in these regulations;

4)

The arrangement of display items shall not obstruct accessibility for persons with disabilities or impede pedestrian movement.

d.

An outdoor dining area shall not exceed 30% of the size of the enclosed portion of the business. Seating in an outdoor dining area shall be a factor in determining the number of required off-street parking spaces.

e.

AUTOMOBILE, TRUCK, BOAT, TRAILER, MOTORCYCLE AND RECREATIONAL VEHICLE SALES businesses may have storage and display areas for sales inventory that are not located in a completely enclosed building; provided, that:

1)

All outside vehicle storage and display areas shall be provided solid visual screening to block their ground-level view from adjacent residential, institutional, B-1 and B-2 zoning districts;

2)

Any area used for outside storage or display of vehicles shall be paved with asphalt, concrete or asphaltic concrete and shall provide appropriate fire lane aisles and, if required, fire hydrants. Such use may be located within a FRONT YARD SETBACK;

3)

As per the requirements of Section 501 of these regulations, the use area of outside vehicle storage and display shall be a factor in determining the business' overall off-street parking requirement.

f.

HOME IMPROVEMENT CENTERS may have storage areas for building materials and supplies and/or merchandise display areas which are located outside of a completely enclosed building; provided that

1)

The total square footage of storage and merchandise display areas located outside of a completely enclosed building shall not exceed in size the square footage of the completely enclosed portions of the Home Improvement Center;

2)

Outside storage areas for building materials and supplies shall be fenced and shall not be located within any FRONT YARD SETBACK or in front of the front wall of the principal building and shall observe at least a 10-foot setback from any perimeter property line. No side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

3)

When the zoning lot is bordered by any zoning district other than the B-5 and M-1 Districts, the outside storage area for building materials and supplies shall be provided solid visual screening to block its ground-level view from such zoning districts. The height of required solid visual screening shall not be less than six feet;

4)

Outside storage areas for building materials and supplies shall be provided solid visual screening to block their view from persons traveling along any street which abuts the zoning lot. The height of required solid visual screening shall not be less than six feet;

5)

Any area used for outside display of building materials and supplies, which is in front of the front wall of the principal building, shall be paved with either concrete, asphalt or asphaltic concrete. If the outside storage area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined in these regulations. All outside storage areas shall provide appropriate fire-lane aisles and, if required, fire hydrants;

6)

Any roofed, but unenclosed, structure built for storage of building materials and supplies or other merchandise and any INCIDENTAL CONCRETE MIXING FACILITY, approved as an exception, shall not be located within any FRONT YARD SETBACK and shall be located behind the front wall of the principal building. Such uses shall observe at least a 25-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

7)

Outside merchandise display areas shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

8)

When the zoning lot is bordered by any non-residential zoning district, other than the B-5 and M-1 Districts, the outdoor merchandise display area and any INCIDENTAL CONCRETE MIXING FACILITY shall be provided landscaping to partially screen its ground-level view from such districts. When the zoning lot is bordered by any residential zoning district, the outdoor merchandise display area or CONCRETE MIXING FACILITY shall be provided solid visual screening to block its ground-level view from such districts. The height of required solid visual screening shall not be less than six feet;

9)

Outside merchandise display areas, if located in front of the front wall of the principal building, shall be paved with concrete, asphalt or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined in these regulations. The arrangement of display items shall not obstruct accessibility for persons with disabilities or impede pedestrian movement;

10)

Outside merchandise display areas shall not be a factor in determining the Home Improvement Center's overall off-street parking requirement. Outside storage areas for building materials and supplies shall not be a factor in determining required parking.

g.

VEHICLE REPAIR BUSINESSES, EQUIPMENT RENTAL BUSINESSES AND TRUCK SERVICE STATIONS may have storage areas for vehicles and equipment that are outside a completely enclosed building; provided that:

1)

For EQUIPMENT RENTAL AND SALES BUSINESSES; any area used for outdoor storage of rental inventory, including but not limited to vans, trucks and trailers, shall be fenced, shall not be located within any FRONT YARD SETBACK and shall be located behind the front wall of the principal building. Such use areas shall observe at least a 10-foot setback from any perimeter property line; however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

2)

For EQUIPMENT RENTAL AND SALES BUSINESSES; all rental inventory and items being stored outdoors and any INCIDENTAL CONCRETE MIXING FACILITY shall be provided solid visual screening to block ground-level view from residential, institutional, B-1 or B-2 zoning districts which border the zoning lot. The height of required solid visual screening shall not be less than six feet;

3)

For EQUIPMENT RENTAL AND SALES BUSINESSES; all rental inventory and items being stored outdoors and any INCIDENTAL CONCRETE MIXING FACILITY shall be provided solid visual screening to block the view of items being stored by persons traveling on any street which abuts the zoning lot. The height of required solid visual screening shall not be less than six feet;

4)

The area used for outdoor vehicle and equipment storage shall not be a factor in determining the principal use's overall off-street parking requirement, unless during review of a required exception permitted under Section 1004 of these regulations, it is decided that such outdoor storage areas should be a factor in determining required off-street parking;

5)

For VEHICLE REPAIR BUSINESSES AND TRUCK SERVICE STATIONS areas used for the temporary storage of vehicles undergoing active repair shall be paved with asphalt, concrete or asphaltic concrete. Such temporary outdoor storage areas shall not be located within any FRONT YARD SETBACK and shall be located behind the front wall of the principal building. Outdoor storage of inoperable vehicles and equipment that are not undergoing active repair or which are being salvaged or "parted out" is not permitted in the B-5 District;

6)

Any INCIDENTAL CONCRETE MIXING FACILITY, approved as an exception for an EQUIPMENT RENTAL BUSINESS, shall not be located within any FRONT YARD SETBACK and shall be located behind the principal building. Such incidental use shall observe at least a 25-foot setback from any perimeter property line, however, only a 10-foot side yard or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1. Solid visual screening of the Concrete Mixing Facility shall be provided as required above;
All vehicular parking areas for customer and employee vehicles and for the parking of vehicles used in conjunction with the business occupying the zoning lot and parking and storage areas for rental vehicles and rental equipment, shall be paved with concrete, asphalt or asphaltic concrete.

h.

GARDEN CENTERS and businesses involved with the NURSERY OR GREENHOUSE may have use areas, for the cultivation of plant materials, GREENHOUSES and display areas for plant materials and merchandise, which are outside of completely enclosed building; provided that:

1)

OUTDOOR NURSERIES shall be fenced and shall be provided perimeter landscaping to partially screen their ground-level view from adjacent residential, institutional, B-1 or B-2 zoning districts;

2)

The total square footage of merchandise display areas, located outside of a completely enclosed building, shall not exceed in size the square footage of the enclosed portion of the business. For purposes of making the square footage calculation, area used for OUTDOOR NURSERIES shall not be counted;

3)

Outside merchandise display areas shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

4)

When the zoning lot is bordered by any nonresidential zoning district, other than the B-5 and M-1 Districts, the outside merchandise display area shall be provided landscaping to partially screen its ground-level view from such districts. When the zoning lot is bordered by any residential district, the outside merchandise display area shall be provided solid visual screening to block its ground-level view from such districts. The height of required solid visual screening shall not be less than six feet;

5)

Outside merchandise display areas, if located in front of the front wall of the principal building, shall be paved with concrete, asphalt or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined by these regulations. The arrangement of display items shall not obstruct accessibility for persons with disabilities or impede pedestrian movement:

6)

GREENHOUSES shall observe at least a 40-foot setback from any perimeter property line, however, only a 10-foot side or rear yard setback is required if the adjacent property is zoned B-5 or M-1;

7)

Outside merchandise display areas shall not be a factor in determining the Garden Center's overall off-street parking requirement. OUTDOOR PLANT NURSERY AREAS shall not be a factor in determining the amount of required off-street parking.

i.

SWIMMING POOL EQUIPMENT BUSINESSES may have use areas, for the display of swimming pools and accessory items common to swimming pools, that are outside of a completely enclosed building; provided that:

1)

The total square footage of display areas, not located within a completely enclosed building, shall not exceed in size the square footage of the enclosed portion of the business;

2)

Outside pool and merchandise display areas shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

3)

When the zoning lot is bordered by any nonresidential zoning district, other than the B-5 and M-1 Districts, the outside pool and merchandise display area shall be provided landscaping to partially screen its ground-level view from such districts. When the zoning lot is bordered by any residential zoning district, the outside pool and merchandise display area shall be provided solid visual screening to block its ground-level view from such districts. The height of required solid visual screening shall not be less than six feet;

4)

Outside pool and merchandise display areas, if located in front of the front wall of the principal building, shall be paved with concrete, asphalt or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined by these regulations. Outdoor display areas shall provide appropriate fire-lane aisles and, if required, fire hydrants. The arrangement of display items shall not obstruct accessibility for persons with disabilities or impede pedestrian movement;

5)

Outside pool and merchandise display areas shall not be a factor in determining the business' overall off-street parking requirement.

j.

Businesses offering for sale BURIAL MONUMENTS may have areas for the display and storage of burial monuments which are outside of a completely enclosed building; provided, that:

1)

The total square footage of display and storage areas, not located within a completely enclosed building, shall not exceed in size the square footage of the enclosed portion of the business;

2)

Outside burial monument display and storage areas shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1.

3)

When the zoning lot is bordered by any nonresidential zoning district, other than the B-5 or M-1 Districts, the outside burial monument display and storage area shall be provided landscaping to partially screen its ground-level view from such districts. When the zoning lot is bordered by any residential district, the outside burial monument display and storage area shall be provided solid visual screening to block its ground-level view from such districts. The height of required solid visual screening shall not be less than six feet;

4)

Outside burial monument display and storage areas, if located in front of the front wall of the principal building, shall be paved with concrete, asphalt or asphaltic concrete. If the outdoor display area is located behind the front wall of the principal building, the use area may be surfaced with hard aggregate as defined by these regulations. The arrangement of display items shall not obstruct accessibility for persons with disabilities or impede pedestrian movement;

5)

Outside burial monument display and storage areas shall not be a factor in determining the business' overall off-street parking requirement.

k.

MANUFACTURING, LARGE-SCALE AND SMALL-SCALE may have storage areas, for materials used in conjunction with the business, that are outside of a completely enclosed building; provided that:

1)

The total square footage of storage areas not located within a completely enclosed building shall not exceed in size the square footage of the enclosed portion of the business;

2)

Any area used for outside storage shall be paved with asphalt, concrete or asphaltic concrete or surfaced with hard aggregate;

3)

Any area used for outside storage shall be fenced and shall be located behind the front wall of the principal building. Such outside storage areas shall observe at least a 10-foot setback from any perimeter property line, however, no side or rear yard setback need be observed if the adjacent property is zoned B-5 or M-1;

4)

Any area used for outside storage shall be provided solid visual screening to block ground-level view from residential, institutional, B-1 or B-2 zoning districts which border the zoning lot. The height of required solid visual screening shall not be less than six feet;

5)

Any area used for outside storage shall be provided solid visual screening to block the view of items being stored by persons traveling on any street which abuts the zoning lot. The height of required solid visual screening shall not be less than six feet;

6)

The area used for outside storage shall not be a factor in determining the principal use's overall off-street parking requirement;

7)

All vehicular parking areas for customer and employee parking and for the parking of vehicles used in conjunction with the permitted use shall be paved with asphalt, concrete or asphaltic concrete.

l.

No new CONVENIENCE CASH BUSINESS shall be located within 1,500 feet of any other existing CONVENIENCE CASH BUSINESS, whether the existing business is located within or outside the city limits, or within 250 feet of any residence, said measurements being made in a straight line without regard to intervening structures or objects, from the nearest portion of the property line of the premises where the existing business or residence is located to the nearest portion of the property line of the premises where the new business is proposed.

(Ord. No. 2555, § 1.68, 5-14-24)

This district is intended for general manufacturing uses which (1) do not generally require large amounts of land; (2) do not generate excessive amounts of traffic; (3) are consistent with the capacity and availability of public and private services; (4) limit the intermixing of residences; and (5) have the potential of generating limited environmental impact, including but not specifically limited to the creation of odor, smoke, dust, glare, vibration , noise and the use of dangerous and/or hazardous materials. This district is not intended for basic industry uses or residential uses.

A.

Permitted Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Communication Structure, subject to Use Limitation 412.E.9.

b.

Pet Cemetery.

3.

Commercial Uses:

a.

Animal Hospital.

b.

Automobile Service Station.

c.

Automobile, Truck, Boat, Trailer, Motorcycle and Recreational Vehicle Sales.

d.

Business and Professional Office.

e.

Car Wash.

f.

Concrete Mixing Facility.

g.

Construction Equipment and Storage Yard.

h.

Convenience Store.

i.

Drinking Establishment.

j.

Equipment Rental and Sales.

k.

Financial Institution.

l.

Garden Center.

m.

Home Improvement Center.

n.

Hotel.

o.

Liquor and Cereal Malt Beverage Business.

p.

Lumberyard.

q.

Manufacturing, Large-Scale.

r.

Manufacturing, Small-Scale

s.

Microbrewery.

t.

Microdistillery.

u.

Mini-Storage Warehouse.

v.

Mobile Food Vending.

w.

Mortuary and Funeral Home.

x.

Motor Freight Terminal.

y.

Nursery or Greenhouse.

z.

Pawnshop.

aa.

Personal Care Business.

bb.

Physical Fitness Center.

cc.

Recreation Facility, Indoor.

dd.

Recreation Facility, Outdoor.

ee.

Restaurant.

ff.

Retail Business.

gg.

Storage Warehouse.

hh.

Truck Service Station.

ii.

Truck Wash.

jj.

Vehicle Body and Fender Repair.

kk.

Vehicle Parking Lot.

ll.

Vehicle Repair Garage.

mm.

Vehicle Storage Yard.

nn.

Wholesale Business.

4.

Other uses not specifically listed above as permitted uses, but which in the opinion of the Zoning Administrator are in keeping with the intent of the district and these regulations.

B.

Special Uses.

1.

Residential Uses:

a.

None.

2.

Public and Civic Uses:

a.

Governmental Use.

b.

Public Utility.

c.

Wind Energy Conversion System, subject to Supplemental Regulation 1101.D.16.

3.

Commercial Uses:

a.

Airport.

b.

Basic Industry.

c.

Dog Kennel.

d.

Hazardous Waste Facility.

e.

Landfill.

f.

Recycling Processing Center.

g.

Salvage Yard.

4.

Other uses not specifically listed above as permitted special uses but which in the opinion of the Zoning Administrator are in keeping with the intent of the district.

C.

Lot Size Requirements.

1.

Minimum lot area: 10,000 square feet.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 100 feet.

D.

Bulk Regulations.

1.

Maximum Structure Height: 65 feet, except that communication structures, television and radio antennas and broadcasting and microwave transmitting and relay towers mounted on the roof or directly secured to a wall of a principal building may have a maximum height of 80 feet without a special use permit. The maximum permitted height for Special Uses will be determined as part of the applicable review process.

2.

Yard requirements:

a.

Minimum front yard: 35 feet when adjacent to an arterial street, 20 feet when adjacent to other types of street rights-of-way. No portion of a communication structure, television and radio antenna or broadcasting and microwave transmitting and relay tower, aerial or any anchor or guy may encroach upon the land or airspace of a required front yard setback.

b.

Minimum side yard: None, but if a side yard is provided, it shall be not less than 5 feet.

c.

Minimum rear yard: None, but if a rear yard is provided, it shall be not less than 5 feet.

d.

Compatibility setback: For all permitted uses except single-family dwellings, single-family attached and two-family dwellings, a minimum-15-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2 shall be provided. Such setback shall increase by one (1) foot for each five (5) feet of lot width over 50 feet to a maximum 25-foot setback. Any structure over 35 feet in height requires a minimum 50-foot setback from property zoned R-1, R-1A, R-1B, R-1C, and R-2.

3.

Maximum lot coverage: 75%

E.

Use Limitations.

1.

Outdoor operations, display and storage is prohibited within a FRONT YARD SETBACK, except as provided for below:

a.

Required and accessory customer and employee vehicle parking and parking for vehicles used in conjunction with the business occupying the zoning lot is permitted in the FRONT YARD SETBACK;

b.

If the principal business use is the sales or rental of automobiles, trucks, boats, trailers, recreational vehicles or motorcycles, the display of such vehicles or equipment for sale or rent may be located on paved areas within the FRONT YARD SETBACK;

2.

Businesses devoted to the temporary OUTDOOR STORAGE OF OPERABLE VEHICLES, BOATS, RECREATIONAL VEHICLES OR EQUIPMENT, TRAILERS and such, EQUIPMENT SALES AND RENTAL BUSINESSES which involve outside storage yards for equipment or vehicles that are for rent or sale and BUILDING CONTRACTOR or BUILDING MATERIAL PRODUCTION OR STORAGE BUSINESSES which involves the outside storage of excavation and/or earth moving equipment and/or building materials and supplies, shall provide fenced storage yards for such items that are paved with concrete, asphalt or asphaltic concrete or which are surfaced with minimum three-quarter inch diameter crushed rock or approved alternate material, such as asphalt millings, to a depth of at least four inches. If a crushed rock or alternate material surface is selected, the subgrade of such areas shall be treated to the specifications of the City Engineer. Areas surfaced with crushed rock shall be treated with dust retardants, as needed, and stored equipment and vehicles shall be kept free of weeds. Appropriate fire-lane aisles and, if required, fire hydrants shall be provided. All vehicular parking areas for customers, employees and for vehicles associated with the business, except as provided above, shall be paved with concrete, asphalt or asphaltic concrete.

3.

Areas used for the temporary outdoor storage of vehicles undergoing active repair shall be paved with asphalt, concrete or asphaltic concrete. Such temporary outdoor storage areas shall not be located within any FRONT YARD SETBACK. Storage, outside of a completely enclosed building, of inoperable vehicles and equipment that are not undergoing active repair or which is being salvaged or "parted out" is not permitted in the M-1 District, unless an exception for a salvage yard has been granted in accordance with Section 1004 of these regulations.

4.

Outdoor merchandise display areas shall be paved with concrete, asphalt or asphaltic concrete and, except as provided above by use limitation number 1, shall not be located within any FRONT YARD SETBACK. The arrangement of display items shall not obstruct handicapped accessibility or impede pedestrian movement.

5.

An outdoor dining area shall not exceed 30% of the size of the enclosed portion of the business. Seating in an outdoor dining area shall be a factor in determining the number of required off-street parking spaces.

6.

Outdoor signs as permitted by Article 7 of these regulations. The attaching or painting of advertisement on any wall or fence erected to provide screening from adjacent properties is prohibited.

7.

Screening and landscaping as required by Section 304 of these regulations.

8.

Off-street parking and loading as required by Article 5 of these regulations.

9.

Communication structures are permitted by right in the M-1 district up to 80 feet in height. Communication structures in the M-1 district over 80 feet in height require a special use.

(Ord. No. 2555, § 1.69, 5-14-24)

The Planned Unit Development District is a base line Special Purpose District. The PUD District is not defined as an overlay district and is not granted in conjunction with other base line or underlying zoning districts. Future development within the PUD District is based on a Site Development Plan that depicts the general layout of the future land use types planned to be developed within the PUD along with written text that explains and details the developmental layout.

A.

Residential Planned Unit Development District

1.

Statement of Intent. The purpose of the Residential Planned Unit Development (PUD) District is to provide well planned, cohesive and unified residential developments for properties held under unified control at the time of initial Residential PUD approval. In order to achieve this purpose, the Residential PUD review process recognizes there may be a need to establish controls not typically required of non-unified or residential developments that are not planned as an integrated unit. The review process also recognizes that, in order to provide greater design flexibility for unified residential developments, it may be necessary to deviate from: (1) the bulk and lot area requirements typical of the common base line residential zoning districts, and (2) the requirements of the landscaping section of these regulations, as well as, (3) the design and improvement standards of the City's Subdivision Regulations.
For purposes of these regulations, unified residential developments are defined as the grouping of building sites, planned as an integrated unit or cluster, on property under unified control or ownership at the time the Residential PUD District was approved by the City. The sale, subdivision or other partition of the site after Residential PUD approval does not exempt the project, or portions thereof, from complying with the development standards committed to at the time of Residential PUD approval. The submittal by the developer and the approval by the City of development plans represent a firm commitment by the developer that development will indeed follow the approved plans in concept, intensity of use and quantities of open space.
The protection of public safety, convenience, health and general welfare is accomplished for a Residential PUD through a review of the size, shape, orientation and location of differing residential land use types or densities relative to the entire tract of land subject to the Residential PUD District. The purposes to be achieved by such a review is to ensure that future residential uses are provided:

a.

Proper ingress and egress from adjacent street rights-of-way relative to anticipated traffic demand;

b.

Sufficient land area for on-site storm water detention areas and other drainage facilities needed to serve the residential development in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits;

c.

Sufficient land area for common open space and recreational facilities to serve the residential development;

d.

Adequate land area to accomplish effective screening and landscaping, from adjacent properties and/or street rights-of-way, of the planned residential development;
The Residential PUD District is intended to encourage: (1) innovation in residential development by permitting greater variety and flexibility in type, design and layout of dwellings, (2) more efficient use of land by reflecting changes in the technology of residential land development, (3) development which incorporates the best features of modern residential design, while conserving the value of land, and (4) planned residential developments that are designed in a manner that will produce more usable open space, better recreational opportunities, and safer and more attractive neighborhoods than under conventional residential zoning and development techniques. Provided however items 1 through 4 shall be considered as guidelines only and not as mandates or requirements of a PUD application. Other reasonable concepts of innovative and creative development design can be considered.
As such, the Residential PUD District provides a developer with the latitude of using innovative techniques in the development of residential uses not feasible under application of base line residential zoning requirements. The Residential PUD District is intended to provide a procedure that relates the type, design and layout of residential development to the particular site and particular demand for housing in a manner consistent with the public health, safety and/or welfare.
The layout and character of the development subject to a Residential PUD District must be appropriate relative to surrounding properties and conditions. As such, safeguards or conditions for future development may be established as a part of the Residential PUD District to ensure that the development will minimize negative impacts, if any, to the value of surrounding property and its enjoyment by its owners or occupants.
The design of a Residential PUD District must be such that access and circulation by firefighting equipment and other emergency vehicles are assured and are not retarded by heavy or extensive landscaping, walls or fences or building spacing.

2.

Standards for Residential Planned Unit Developments (PUD). The following regulations shall apply to property intended for residential development which is zoned the Residential PUD District:

a.

Ownership. The entire tract of land to be established as a PUD shall be held by a single landowner, or if there are two or more owners, the PUD application must be filed jointly by all owners listed on the ownership list.

b.

Size. There is not a minimum acreage requirement for the Residential PUD District.

c.

Uses Permitted. Any residential land use type and density, including special uses permitted by the base line residential zoning districts, may be permitted within the Residential PUD District provided the Planning Commission and Governing Body determines the land uses are appropriate for the Residential PUD and the uses are specifically listed as permitted by the text detailing the Residential PUD Site Development Plan and further provided that mobile homes shall not be permitted as part of any Residential PUD. A Residential PUD may include provision for neighborhood swimming pools, neighborhood clubhouses and other recreational areas and facilities intended for use by persons residing within the Residential PUD.

d.

Development Intensity. The level of residential development allowed within a Residential PUD shall not exceed the level that can be adequately served by public facilities.

e.

Increased Density. A Residential PUD District may provide for a greater number of dwelling units per gross acre than would be permitted by the base line residential zoning district(s) otherwise applicable to the site. If the proposed number of dwelling units per gross acre, for the entire Residential PUD, exceeds the density permitted by the applicable base line residential district(s), the Residential PUD applicant must demonstrate to the satisfaction of the Planning Commission and Governing Body that the increased density or intensity of use will not have an undue or adverse impact on public facilities and will not interfere with the reasonable enjoyment of neighboring properties by their owners and/or occupants.
When evaluating a proposal for increased residential density for a Residential PUD, or specific Residential PUD parcel, the Planning Commission and Governing Body shall review the proposal relative to the following:

i.

Areas being established for common or private recreational amenities, such as golf courses or homeowner association owned neighborhood swimming pools, tennis courts and playgrounds;

ii.

Areas being established for perpetual common open space that are of a character, size and shape to accommodate future recreational use by residents of the PUD District;

iii.

Areas being established as future sites for a public park or as permanent easements for creek side hike and bike trails and/or other public recreation and access purposes;

iv.

The physical characteristics of the subject PUD parcel and its location relative to the overall development layout of the PUD; and

v.

The location, design and type of dwelling units and other uses to be developed on land making up the subject PUD parcel.
If increased density is not effectively accommodated by the provision of recreational amenities and/or perpetual open space, the Planning Commission and Governing Body may deny the proposed density increase.
Any common open space established as a result of a decision to increase the residential development density of a Residential PUD, or specific Residential PUD parcel, shall be set aside for the perpetual use, benefit and enjoyment of the residents of the Residential PUD District. As a condition of Residential PUD approval, the Planning Commission and/or Governing Body shall require the applicant to provide for the establishment of an agency that will own and maintain the common open space. Such agency shall not be dissolved or permitted to dispose of any common open space, established to permit a Residential PUD to develop to a density greater than that permitted under base line residential zoning, by sale or otherwise (except to a new agency assuming all the duties and obligations of the original agency). If the agency fails to maintain such common open space, or improperly disposes of the open space, or if the applicant fails to establish the agency such action or actions shall be considered a violation of these regulations and subject to the penalties and/or remedies set forth in Section 903 of these regulations.

f.

Decreased Density. A Residential PUD District may be used to achieve, and assure in perpetuity, less dense residential development than would be permitted or assured by the base line residential district(s) otherwise applicable to the site. The location, size and shape of a Residential PUD, or Residential PUD parcels, that provides for less dense residential development than is typical of areas developed under conventional residential zoning shall be evaluated for appropriateness relative to the following:

i.

The effect that reduced density and its proposed layout will have on the future development of adjacent properties according to base line zoning and subdivision design and improvement practices;

ii.

The effect that reduced density and its proposed layout will have on the City's ability to provide public services and infrastructure in a cost-efficient fashion; and

iii.

The existence of either natural or man-made topographical features that reduce the capacity of land to support base line residential densities. Such areas include floodplains, areas subject to an aircraft noise exposure that is equal to or greater than 70 DNL, and areas with infrastructure constraints.
If, because of decreased residential density, infrastructure design and improvement standards are proposed to be modified for the Residential PUD, the applicant must demonstrate to the satisfaction of the Planning Commission and Governing Body that modified infrastructure is appropriate in terms of the density of residential development to be served and the present and future long-term development needs and interests of the City. As part of this demonstration, it must be shown that modified infrastructure (1) will not result in an undue future maintenance burden to either residents of the PUD or the City, (2) will not adversely affect the street and utility layout system of the general area of the City in which the PUD District is located, and (3) will not jeopardize public health and safety.

g.

Development Standards. Subject to adequate justification being provided by the Residential PUD applicant, the following otherwise applicable development standards of these regulations may be deviated from as part of approval of a Residential PUD Site Development Plan and rezoning process:

1)

Minimum lot size, depth and width,

2)

Maximum lot coverage,

3)

Maximum building or structure height,

4)

Minimum depth of required yards or building setbacks,

5)

Screening and landscaping standards.
The above identified deviations may only be granted when there is ample evidence that such deviations will not adversely affect neighboring properties and surrounding areas and where such deviations do not constitute the granting of a privilege that would not be universally appropriate for other similarly designed and situated Residential PUDs. In addition, the types of deviations listed above only may be permitted when the deviation addresses one or more of the following development issues: (1) protects environmentally sensitive areas (including unusual topography); (2) protects existing vegetation and important views and vistas to and from the site; (3) enhances a project's diversity of housing type; (4) promotes mixed-use development; or (5) encourages creative streetscape design, including the use of high quality screening walls, increased buffering and landscape material size and quantity, pedestrian amenities, etc.
A decision by the Planning Commission and Governing Body to authorize less stringent requirements from the otherwise applicable development standards of these regulations, or to require the establishment of more restrictive requirements, shall be specified as part of the Residential PUD development provisions. Such changes from otherwise applicable standards may be specific to certain Residential PUD parcels or may be applied to the entire Residential PUD.

3.

Preservation of Natural Features. For all properties included within the perimeter of a Residential PUD, preservation of mature trees, vegetative cover, watercourses and other natural site features shall be considered. Abrupt changes in natural slope shall be avoided. Preservation shall be directed toward:

a.

Enhancing the quality of new development;

b.

Protecting the natural environment;

c.

Providing buffering between new development and surrounding properties; and

d.

Preserving the character of existing neighborhoods.

4.

Review Procedure. Applications for a Planned Unit Development shall involve Planning Commission review and approval of both a Preliminary PUD and a Final PUD. A Preliminary or Final PUD application shall be processed in the same manner as a rezoning amendment, except that a proposal to establish a PUD can only be initiated by the owner of the property and, the Governing Body does not review or act on a Preliminary PUD application, except as provided in Section 413.A.4.a of these regulations. Written notice to property owners and advertisement of a Public Hearing before the Planning Commission, as required by Section 1100.E of these regulations, shall be provided for the Planning Commission's review of a Preliminary PUD application, as well as a Final PUD application. As is the case for any rezoning case, final approval or denial of an application to establish a PUD District rests with the Governing Body. The same requirements and provisions for filing of protest petitions, as is required for any other rezoning case, also apply to an application to establish a PUD District.

a.

Planning Commission Consideration of a Preliminary PUD Application. A completed application for Preliminary PUD approval shall be submitted to the Zoning Administrator, or their designated agent, in a form established by the Administrator. The completed application shall be accompanied by a certified ownership list, a Preliminary Site Development Plan and a non-refundable filing fee, as established by the Fee Resolution of the Governing Body of the City of Derby, Kansas, to help defray the cost of processing the PUD application. A Preliminary Site Development Plan shall not be forwarded to the Planning Commission for review until a completed application has been filed with the Zoning Administrator along with the required ownership list and filing fee.
At the advertised Public Hearing for the Planning Commission's review of the Preliminary PUD application, the Commission shall review the request for the PUD District relative to:

1)

Compatibility with the Comprehensive Plan;

2)

Findings in accordance with Section 1100.C of these regulations;

3)

Requirements of this Section (413); and

4)

Other requirements and/or or standards of these regulations.
During the course of Preliminary PUD review, the Planning Commission may, as a condition of approval, require changes to be depicted on the Site Development Plan and/or its accompanying written provisions. If the Planning Commission recommends disapproval of a Preliminary PUD, the Preliminary PUD application shall be forwarded to the Governing Body for final action.

b.

Preliminary Site Development Plan—Contents and Submission Requirements. A Preliminary Site Development Plan shall accompany an application for Preliminary Residential PUD approval in a form established by the Zoning Administrator. Based on either an existing plat of the application area or on the configuration of a future subdivision plat for the same, the Preliminary Site Development Plan shall depict the division of the PUD application area into one or more PUD parcels. The boundaries of such PUD parcels shall match the perimeter boundaries of either existing and/or planned future platted lots, reserve areas or blocks. At a minimum, the Preliminary Site Development Plan shall depict the following information:

1)

North arrow and engineer's scale.

2)

A key map indicating the location of the proposed PUD within the City.

3)

A legal description for the property. If the property is unplatted, or is to be replatted, the name of the future plat or replat shall be referenced.

4)

Existing topography with contours at two-foot intervals and land areas within a floodway and/or 100-year floodplain.

5)

A statement setting forth the maximum number of dwelling units and gross floor area of non-residential uses permitted under base line zoning for the entire PUD and the number of dwelling units and gross floor area of non-residential uses proposed by the Preliminary Site Development Plan.

6)

General extent and character of future landscaping and screening proposed to buffer: (1) multiple-family PUD parcels from PUD parcels established for single-family and two-family uses, (2) single, two-family and multiple-family uses from adjacent arterial street rights-of-way, and (3) non-residential uses from residential uses and adjacent streets.

7)

Existing streams, drainage channels and other bodies of water.

8)

Location, massing and pattern of existing vegetation.

9)

General locations of future focal points and site amenities.

10)

Existing structures on the site accompanied by the note "to remain" or "to be removed".

11)

Street and traffic patterns affecting the site, including the general location of future driveways serving multiple-family and non-residential uses.

12)

Development barriers (such as limited access highways, railroad tracks, aircraft accident potential zones and noise contours, pipelines, power lines, existing easements, etc.)

13)

Surrounding uses and activities, within 200 feet of the property proposed to be subject to a Residential PUD District that influence development of the site and adjacent properties. Such surrounding uses and activities include:

i.

Any public streets which are of record, including any additional or new street rights-of-way to be dedicated by the PUD applicant;

ii.

Any private driveways which exist or which are proposed to the degree that they appear on plans on file with the City; and

iii.

Any buildings that exist or are proposed to the degree that their location and size are shown on plans on file with the City. One and two-family residential dwellings may be shown in approximate location and general size and shape.

14)

A schedule(s) or table(s) indicating by PUD parcel:

i.

Parcel size;

ii.

Number of permitted dwelling units by dwelling unit type and gross floor area for non-residential uses;

iii.

Number of dwelling units per gross acre and minimum lot size (land use intensity); and

iv.

For a PUD parcel on which a multiple family residential use or non-residential use is planned, the number of required and the number of planned off-street parking spaces.
In addition to the above identified information, such a schedule(s) or table(s) shall depict any other quantities of development features determined by the Zoning Administrator to be necessary to determine compliance with the requirements of these regulations.

15)

A schedule or table listing, by PUD parcel, proposed uses.

16)

A listing, by PUD parcel, of proposed deviations from the typical standards of these regulations which are identified in subsection 413.A.2.e, including a written attachment listing factors that the applicant believes supports approval of such deviations.

17)

Boundary lines of the perimeter of the Residential PUD District, including angles or bearings, dimensions and reference to a section corner, quarter corner or a previously platted lot corner.

18)

Name and address of the landowner.

19)

Name and address of the architect, landscape architect, planner, engineer, surveyor or other person responsible for preparation of the Preliminary Site Development Plan.

20)

Date when the Preliminary Site Development Plan was prepared or last updated.

21)

When determined necessary by the Zoning Administrator, architect's drawings that depict important views within the site and vistas to and from the site may be required.

c.

Planning Commission and Governing Body Consideration of a Final PUD Application. A completed application for Final PUD approval shall be submitted to the Zoning Administrator, or their designated agent, in a form established by the Administrator. If the date of the advertised Public Hearing before the Planning Commission will be more than six months from the certification date indicated on the certified ownership list submitted with the Preliminary PUD application, then an updated certified ownership list shall be submitted with the Final PUD application. If required by the City's "Fee Resolution", the Final PUD application shall be submitted with a non-refundable filing fee to help defray the cost of processing the application. A Final Site Development Plan shall not be forwarded to the Planning Commission for review until a completed application, filing fee and, if required, an updated ownership list has been filed with the Zoning Administrator. As with any rezoning case, the Planning Commission's recommendation regarding the establishment of a PUD District shall be forwarded to the Governing Body for final action.

d.

Final Site Development Plan—Contents and Submission Requirements. A Final Site Development Plan shall accompany an application for Final PUD approval in a form established by the Zoning Administrator. All Final Site Development Plans shall be drawn to a standard engineer's scale and shall include written provisions deemed necessary by the Planning Commission. The actual scale of the Final Site Development Plan will depend on the size of the development and shall be subject to the approval of the Zoning Administrator.
At a minimum, the Final Site Development Plan for the proposed PUD District shall depict the following information:

1)

North arrow and engineer's scale.

2)

A legal description for the property. If the property is unplatted, or is to be replatted, the name of the future plat or replat shall be referenced.

3)

All existing and proposed adjacent public street rights-of-way, including existing or proposed centerlines, and the location, size and radii or all existing median breaks and turning lanes and approximate locations, size and radii for proposed median breaks and turning lanes.

4)

All existing and proposed adjacent public street intersections and the approximate location of planned driveways to serve multiple-family uses.

5)

Location, width and limits of all existing sidewalks and approximate locations of future sidewalks.

6)

A statement setting forth the maximum number of dwelling units and gross floor area of non-residential uses permitted under base line zoning for the entire PUD and the number of dwelling units and gross floor area of non-residential uses proposed by the Site Development Plan.

7)

A schedule(s) listing, per PUD parcel, the location and dimensions of building setbacks or required yards being established by the PUD.

8)

A schedule(s) listing, per PUD parcel, building height and lot coverage restrictions.

9)

The acreage of land included within the PUD District.

10)

A drainage plan, depicting the location of existing above-ground drainage facilities, existing topography with contours at two-foot intervals, land areas with a floodway and/or 100-year floodplain and the general location of planned drainage facilities, in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures, and permits.

11)

Landscaping and screening plans which depict landscaping and screening which meets or exceeds the standards of Section 304 of these regulations or Section 502.R. of the Subdivision Regulations.

12)

A schedule(s) indicating, per PUD parcel:

i.

Parcel size;

ii.

Number of permitted dwelling units by dwelling unit type and gross floor area of non-residential uses;

iii.

Number of dwelling units per gross acre and minimum lot size (land use intensity); and

iv.

For a PUD parcel, which is planned for multiple-family residential use or non-residential use, the number of required and the number of planned off-street parking spaces.

13)

A schedule or table listing, by PUD parcel, authorized uses.

14)

A listing, by PUD parcel, of proposed deviations provided for by subsection 413.A.2.e.

15)

The boundary lines of the perimeter of the proposed PUD District as well as boundary lines for individual PUD parcels. The PUD District boundary shall be provided a tie point to a section corner, quarter corner or previously platted lot corner. Such boundary lines shall be dimensioned and provided appropriate angles or bearings.

16)

Name and address of the landowner.

17)

Name and address of the architect, landscape architect, planner, engineer, surveyor or other person responsible for preparation of the Final Site Development Plan.

18)

Date when the Final Site Development Plan was prepared or last updated.

e.

Additional Information to be Submitted with a Final PUD Application. The following shall be submitted in support of the Final PUD application:

1)

If conveyances are not required to be made by way of a subdivision application, separate instruments necessary to dedicate public rights-of-way, grant easements or establish access control to public streets required as a condition of Final PUD approval.

2)

If required by Preliminary PUD approval, a copy of all covenants and restrictions applicable to the property within the proposed PUD District.

3)

Evidence that any stipulations associated with Preliminary PUD approval, which were conditions to be met before filing an application for a Final PUD, have been satisfactorily completed.

4)

Supporting information for any proposed deviations provided for by subsection 413.A.2.e.

5)

A certificate that specifies that a PUD District has been approved for the subject property. Such certificate shall be filed of record and shall contain the following information:

i.

A legal description of the property.

ii.

A statement that copies of the PUD Site Development Plan and its written provisions are on file with the City of Derby.

iii.

A statement that development restrictions imposed by the PUD District and the responsibility for continuing maintenance and compliance with the PUD Site Development Plan and its written provisions shall be binding upon all successors and assigns, unless the PUD District is amended in conformance with the procedures set forth by these regulations.

f.

Planning Commission Action on a Final PUD Application. The Planning Commission shall review the Final PUD application relative to requirements established for the Preliminary PUD and the requirements of Section 1100 of these regulations. Based on the factors identified in Section 1100.C and on information received at the Public Hearing, the Commission shall take one of the following actions on a Final PUD:

1)

A Final PUD, which involves no modifications or additions from the approved Preliminary Residential PUD, shall be approved by the Planning Commission IF THE COMMISSION DETERMINES:

i.

That proposed landscaping and screening meets or exceeds the requirements of Section 304 of these regulations; and

ii.

That all other requirements of Preliminary PUD approval have been satisfied.

2)

A Final PUD, which involves modifications or changes from the approved Preliminary PUD, may be approved by the Commission, provided it is determined that the Final Site Development Plan, and its accompanying written provisions, are in substantial compliance with the approval conditions established for the Preliminary PUD, provided the Planning Commission determines:

i.

That proposed landscaping and screening meets or exceeds the requirements of Section 304 of these regulations; and

ii.

That all other requirements of Preliminary PUD approval have been satisfied.

3)

For purposes of this subsection, "lack of substantial compliance" shall mean any of the following:

i.

Increase in the density or intensity of uses, for any PUD parcel, which is more than 10 percent.

ii.

Increase in lot coverage, on any given PUD parcel, of more than 10 percent.

iii.

Increase in the permitted height of any building, on any given PUD parcel, which is more than 20 percent.

iv.

Decrease of any perimeter yard or building setback of more than 20 percent.

v.

Decrease in the size of areas devoted to common open space, which is below the minimum amount required by Preliminary PUD approval, or the substantial relocation of such areas.

vi.

Changes in traffic circulation patterns that will affect either traffic within or outside the perimeter of the PUD District.

vii.

Modification or removal of conditions or requirements established at the time of Preliminary PUD approval.

viii.

Proposal of deviations, provided for by subsection 413.A.2.e that were not subject to Commission evaluation at the time of Preliminary PUD approval.

4)

Nothing in this Section shall be construed to mean the Planning Commission cannot continue to another meeting the Public Hearing required for a Final PUD application. In addition, based on information received at the Final PUD Public Hearing, the Planning Commission is specifically authorized to modify Preliminary PUD approval conditions or establish new conditions for Final PUD approval.

g.

Report of Zoning Administrator. The Zoning Administrator shall have prepared a Staff Report that reviews a proposed PUD in light of the following:

1)

The Comprehensive Plan;

2)

PUD standards of this Section; and

3)

Other requirements of these regulations including, but not limited to, Section 304 (Landscaping, Screening and Lighting) and Article 5 (Off-Street Parking and Loading).
If special uses, typical of the base line zoning districts, are proposed to be approved by way of a PUD, the Staff Report shall specifically address this proposal by recommending approval or disapproval of the request. If approval is recommended, the Staff Report shall provide approval conditions, if any, designed to help assure that such uses are compatible with surrounding properties and the nature of the PUD and are therefore appropriate for including as part of the PUD District.
If the applicant proposes deviations provided for by subsection 413.A.2.e, the Staff Report shall specifically address this proposal by recommending approval or disapproval of the request. If approval is recommended, the Staff Report shall provide approval conditions, if any, which are designed to help assure that such deviations will not negatively affect either properties within the perimeter of the proposed PUD District or in close proximity to it.

h.

Appeals of Final Action. The Governing Body's decision on a PUD, or amendments thereto, SHALL BE the final local action. Appeals of the Governing Body's final action shall be taken to district court.

i.

Amendments to PUDs. Approved Planned Unit Developments may be amended in whole or in part. The addition of a use to an existing PUD District may only be accomplished by way of a PUD amendment. Amendments shall follow the same procedures required for consideration and approval of this Section, except as provided below.

1)

Notification. Although the notification area for amendment of a portion of a PUD is the same as required when the entire PUD was first approved, when an amendment is sought that pertains to only a given PUD parcel, and the overall PUD is under multiple ownerships, only the signature(s) of the owner(s) who owns property within the given PUD parcel requested for amendment is(are) required to sign the amendment application.
When the Governing Body considers the proposed amendment, they shall be provided the following:

i.

The percentage of land area within the legal protest area, in accordance with the terms, conditions, and procedures established in K.S.A. 12-757, as amended, subject to valid protest petitions; and

ii.

The percentage of land area within the PUD District, excluding the amendment application area (PUD Parcel), subject to valid protest petitions.
If the owners of 20% or more of the land area, within the legal notification area outside the perimeter of the PUD, or of 20% or more of the land area within the perimeter of PUD, excluding the area of the PUD subject to the amendment, file valid protest petitions against the proposed amendment, then approval of the amendment by the Governing Body shall require at least a 3/4 vote of all the members of the Governing Body.

2)

Final Approval. Any special requirements which are imposed upon the PUD amendment shall be referenced on an amended PUD Site Development Plan, and if applicable, referenced in the PUD's written provisions. At the discretion of the Governing Body, a public hearing may be held to consider the proposed amendment. In accordance with the terms, conditions and procedures established in K.S.A. 12-757, as amended, the Governing Body may adopt the recommendation of the Planning Commission, override the Commission's recommendation or return the proposed Residential PUD amendment to the Planning Commission for reconsideration.

j.

Adjustments to PUDs.

1)

The Zoning Administrator with the concurrence of the Assistant City Manager for Development may approve adjustments of a minor nature to approved Residential PUDs, unless the Zoning Administrator finds that the proposed adjustment would have one or more of the following negative impacts:

i.

Would adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonably expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area;

ii.

Would potentially create more adverse impacts on existing or permitted uses in surrounding areas than which reasonably might result from development of the site in strict compliance with the standard requested for adjustment;

iii.

Would not be compatible with existing or permitted uses on abutting sites, in terms of adjusted building height, setbacks and open spaces, bulk and scale, landscaping, parking, circulation and/or other development features; or

iv.

Would be detrimental to the public health, safety or welfare and/or materially injurious to properties or improvements in the vicinity for reasons articulated in writing by the Zoning Administrator.

2)

The applicant shall have the burden of demonstrating that the proposed adjustment meets the applicable review criteria. In no case shall the Zoning Administrator approve an adjustment that allows any of the following:

i.

More than a 20 percent increase in building height, whichever is less;

ii.

More than a 10 percent increase in lot coverage;

iii.

More than a 10 percent increase in residential unit density or gross floor area of other uses, when calculated on a total aggregate project basis;

iv.

The addition of a new use to the list of uses allowed within the perimeter of a given PUD parcel;

v.

More than a 20 percent reduction in building setback lines referenced on the PUD's Site Development Plan provided however, such setback lines have not been platted as part of a subdivision plat. In the case of a platted setback(s), proposals to reduce such setback(s) shall be processed as a Vacation Case as provided for by Article 10 of the Subdivision Regulations.

3)

When an application for PUD adjustment has been denied or when such application has been approved with conditions or changes unacceptable to the applicant, the applicant may file for a PUD amendment.

k.

Successive Applications. In the event the Governing Body disapproves an application for a PUD District or disapproves an application for a PUD amendment, a similar rezoning application shall not be refiled within one-year from the advertised Public Hearing date of the disapproved application.

B.

MIXED-USE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT

1.

Statement of Intent. The Mixed-Use PUD District is intended to encourage innovative land planning and design and avoid the monotony sometimes associated with large developments by:

a.

Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots;

b.

Allowing greater freedom in selecting the means to provide access, light, open space and design amenities;

c.

Promoting quality urban design and environmentally sensitive development, including the positioning, orientation, size and architectural treatment of buildings, and by allowing development to take advantage of special site characteristics, locations and land uses;

d.

Accommodating a variety of land uses in a pedestrian-oriented, urban-scale environment, promoting human-scale building design and public open space and creating distinctive and memorable mixed-use developments; or

e.

Allowing deviations from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of this code.

2.

Establishment of a Mixed-Use PUD.

a.

Application. An application for Mixed-Use PUD approval shall be filed by all owner(s) of the property proposed to be included within the district, and shall be considered in accordance with Section 1100 of these regulations. A complete application shall be submitted to the Zoning Administrator in a form established pursuant to these regulations, along with a nonrefundable application fee fixed by resolution of the Governing Body. No application shall be processed until the application is complete and the required fee has been paid.
Each application for Mixed-Use PUD approval shall be accompanied by a Site Development Plan in a form established by the Zoning Administrator and made available to the public. At a minimum, the Site Development Plan shall include the information required by Section 413.A.4. of these regulations and the following information:

1)

A graphic presentation depicting the general layout of future land uses along with text explaining and detailing the planned development. Such graphic presentation shall address the following basic items:

i.

A plan submitted to scale illustrating the number, size and orientation of PUD parcels being proposed for future independent ownership and lot development.

ii.

A schedule or table indicating by PUD parcel: (1) parcel size; (2) bulk regulations, including but not limited to the maximum permitted amounts of gross building coverage and gross floor area; and (3) permitted uses.

iii.

Sufficient dimensions to indicate the general relationship between any existing or future buildings and the property lines of the PUD District, parking areas planned within the PUD, and other important elements of the plan.

iv.

The general location of driveways to and from streets, drainage patterns, and the location of existing public streets and easements. Existing pedestrian and vehicular access points and the general location of future pedestrian and vehicular access points, including all proposed traffic signage/light signalization.

v.

The conceptual locations of future buildings and other structures, parking areas and circulation aisles.

vi.

The general locations and dimensions for all proposed freestanding signage.

vii.

General extent and character of future landscaping and screening proposed to buffer PUD parcels from adjacent or residential areas.

viii.

General extent and character of all proposed exterior lighting.

ix.

If there is to be the development of outdoor merchandise display and storage areas, then there shall be a description of the allowed percentage of lot coverage for these areas, and their general location.

x.

If there is a proposed deviation from the parking standards of these regulations, the proposed number of off-street parking spaces shall be provided.

xi.

Sufficient land area for on-site storm water detention areas and other drainage facilities needed to serve the development in compliance with all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits.

2)

An explanation of how the proposed plan of development differs from what could be accomplished through strict compliance with the standards of these regulations and how the proposed PUD represents an improvement over what could be accomplished through application of traditional zoning standards.

b.

Review Process. An application for a Mixed-Use PUD shall be processed in accordance with Section 413.A.4 of these regulations.

3.

Mixed-Use PUD Development Standards. Deviations from certain otherwise applicable development standards of these regulations may be established as part of Mixed-Use PUD approval; provided that the public health, safety and general welfare is not negatively affected.
Subject to adequate justification being provided by the applicant, the following otherwise applicable development standards of these regulations may be deviated from as part of approval of a Mixed-Use PUD:

a.

Permitted Uses. Any use may be permitted within a Mixed-Use PUD District; provided, that the Planning Commission and Governing Body determine the use is appropriate. All uses allowed within the Mixed-Use PUD shall be specifically listed in the text accompanying the Site Development Plan.

b.

Landscaping and Screening Standards. Notwithstanding the provisions of Section 304 of these regulations, as part of the Mixed-Use PUD approval process, standards for landscaping and screening shall be established by the Mixed-Use PUD. The standards of Section 304 of these regulations shall be used as a guide to develop the Mixed-Use PUD's landscaping and screening requirements.

c.

Signage Standards. As part of the Mixed-Use PUD approval process, standards for signage within the Mixed-Use PUD District shall be established by the Mixed-Use PUD. The signage standards of Article 7 of this Ordinance shall be used as a guide to develop the Mixed-Use PUD's standards for signage.

d.

Off-Street Parking Standards. Notwithstanding the provisions of Article 5 of these regulations, as part of the Mixed-Use PUD approval process, standards for the minimum number of spaces for off-street parking, loading and unloading, and vehicle stacking spaces shall be established by the Mixed-Use PUD. The standards of Section 502 of these regulations shall be used as a guide to develop the Mixed-Use PUD's off-site parking percentage as well as other requirements for such parking.

e.

Development Intensity. The level of development allowed within a Mixed-Use PUD shall not exceed the level that can be adequately served by public facilities.

f.

Bulk Regulations. Modifications of minimum lot size, depth and width, minimum depth of required yards of building setbacks, maximum building or structure height, maximum lot coverage, permitted size of outdoor merchandise, display and storage areas, and allowable amount of impervious surface shall be established by the Mixed-Use PUD.

g.

Site Plan Review. As part of the Mixed-Use PUD approval process, the requirements of Section 305 of these regulations shall not apply.

4.

Adjustment of Mixed-Use PUD. The Zoning Administrator with the concurrence of the Director of Planning and Engineering may make adjustments to a Mixed-Use PUD based on the considerations set forth in Section 413.A.4.j of these regulations, provided that a use determined to be of the same intensity as uses permitted by the Mixed-Use PUD may be permitted by adjustment.

(Ord. No. 2529, § 1.50, 5-23-23)

The APZ Accident Potential Zone Overlay District is intended to specify land use controls for land designated by the United States Air Force's Air Installation Compatible Use Zone (AICUZ) Study as being within Accident Potential Zone I and Accident Potential Zone II of McConnell Air Force Base. The district is intended to promote the public health, safety and welfare and sustained operations of the Air Force Base by restricting land uses that concentrate large numbers of persons underneath runway takeoff and approach paths, where aircraft accidents are most likely to occur and noise levels are inappropriate for urban-density residential and high intensity nonresidential uses.

A.

Establishment.

1.

The APZ District is established as an overlay district to all other districts. The existing underlying zoning districts and their regulations continue to apply in addition and in complement to the provisions contained in the APZ District.

2.

In the event of conflict between this section and any other regulation applicable to the same property, the more restrictive regulation or standard shall govern and prevail.

B.

District Boundaries.

1.

The APZ District boundaries include all lands within the jurisdiction of Derby, Kansas identified on the United States Air Force's Air Installation Compatible Use Zone (AICUZ) Study as being within Accident Potential Zone I and Accident Potential Zone II of McConnell Air Force Base.

2.

Such boundaries are hereby incorporated by reference and are made a part of the Official Zoning Map of these regulations.

C.

General Regulations.

1.

All regulations of the underlying zoning district shall apply except where specifically modified by this section.

2.

The following criteria shall be used to determine whether a specific use shall be prohibited or permitted when the location of the use is wholly or partially within the APZ District:

a.

The use would involve a level of employment significantly greater than is typical of non-residential uses, considering the size of the area involved in the use.

b.

The use may result in congregation of a significant number of people, either regularly or occasionally.

c.

For any retail or similar use, whether it be a single tenant building or a multiple tenant building, the floor area would not exceed 20% of the total lot area. For any manufacturing or similar use, the floor area would not exceed 28% of the total lot area. Warehousing or storage uses would not exceed 60% of the total lot area.

d.

The use would involve hazardous materials or chemicals that would pose an unreasonable risk in the event of an aircraft-related accident.

e.

The use would produce conditions detrimental to the safe operation of aircraft using McConnell Air Force Base, such as but not limited to the emission of smoke, light, and electronic signals.

3.

Maximum lot coverage:

a.

APZ I—11% for Construction Equipment and Storage Yards, 28% for all other permitted uses.

b.

APZ II—20% for all Retail Businesses, 22% for Construction Equipment and Storage Yards, 60% for Storage Warehouses, and 28% for all other permitted uses.

4.

Prohibited Uses:

a.

Adult Care Center.

b.

Adult Establishment.

c.

Amusement Center.

d.

Assembly Hall.

e.

Bed and Breakfast Inn.

f.

Child Care Center.

g.

Convenience Cash Business in APZ I.

h.

Convenience Store in APZ I.

i.

Drinking Establishment.

j.

Educational, Cultural, or Philanthropic Institution.

k.

Fraternal and Service Club.

l.

Home Improvement Center in APZ I.

m.

Hospital.

n.

Hotel.

o.

Liquor and Cereal Malt Beverage Business in APZ I.

p.

Mortuary and Funeral Home.

q.

Nursing or Convalescent Home.

r.

Personal Care Business in APZ I.

s.

Physical Fitness Center.

t.

Place of Worship.

u.

School, Public and Private.

v.

Recreation Facility, Indoor.

w.

Recreation Facility, Outdoor.

x.

Recreational Vehicle Campground.

y.

Residential uses.

z.

Restaurant.

aa.

Retail Business in APZ I.

bb.

Retail food store having an enclosed floor area exceeding 3,000 square feet in APZ II.

cc.

Theater.

The T-C Town Center Overlay District is intended to be applied as an overlay district to residential and non-residential districts located within the Special Development Areas identified in the Comprehensive Plan. The importance of the Special Development Areas to supporting revitalization and infill development warrants appropriate deviations from the permitted uses and development standards of the underlying zoning districts through the application of the T-C Town Center District as an overlay district. Property within the T-C Town Center District shall comply with both the overlay district regulations of this section and the standards of the underlying zoning district. In the case of conflict between the regulations in this section and those of the underlying zoning district, the regulations in this section shall prevail.

A.

Establishment.

1.

The T-C Town Center District shall be established through the amendment and review procedures of Article 11 of these regulations, provided that the T-C Town Center District shall be established only by amendment of the text of this section.

2.

Establishment of the T-C Center District may be initiated only by the Governing Body or the Planning Commission.

B.

District Boundaries.

1.

The T-C Town Center District boundaries shall be established by a map identifying the properties to which the overlay district regulations of this section shall apply. Non-contiguous subdistricts may be established.

2.

Such map is hereby incorporated by reference and is made a part of the Official Zoning Map(s) of these regulations.

C.

Deviations.

1.

Any land use type and density, including special uses, may be permitted within the T-C Town Center District provided that the Planning Commission and Governing Body determine the land uses are appropriate for the Special Development Areas identified in the Comprehensive Plan and the uses are specifically listed as permitted by the text in this section.

2.

The following otherwise applicable development standards of the underlying zoning districts may be deviated from as part of the establishment of the T-C Center District provided that the Planning Commission and Governing Body determine the development standards are appropriate for the Special Development Areas identified in the Comprehensive Plan and the development standards are specifically listed as permitted by the text in this section.

(a)

Minimum lot size, depth and width,

(b)

Maximum lot coverage,

(c)

Maximum building or structure height,

(d)

Minimum depth of required yards or building setbacks,

(e)

Screening and landscaping,

(f)

Off-street parking and loading,

(g)

Accessory uses, temporary uses or home occupations,

(h)

Signs, and

(i)

Design criteria. Deviations may be both more and less restrictive than the permitted uses and development standards of the underlying zoning district. Deviations shall only be granted when there is ample evidence that such deviations will not adversely affect neighboring properties and surrounding areas and where such deviations are necessary to accomplish the stated intent of the Special Development Areas identified in the Comprehensive Plan.

The F-P Floodplain Overlay District is intended to identify certain lands that are determined, in accordance with local, state and federal laws, rules, regulations, policies, procedures, findings, and/or maps to be in the path of potential flood waters. The district is intended to promote the public health, safety and welfare, by allowing the gainful use of lands impacted by flood waters, subject to established and recognized standards for development, including the regulation of the design, placement, attachment and maintenance of structures located therein.

A.

Establishment.

1.

The F-P Floodplain Overlay District is hereby established as set forth in Chapter 17.08 of the Derby Municipal Code. All provisions of Chapter 17.08 are hereby adopted by reference as if fully contained within these regulations.

2.

The F-P Floodplain Overlay District is established as an overlay district to all other districts. The existing underlying zoning districts and their regulations continue to apply in addition and in complement to the provisions contained in Chapter 17.08 of the Derby Municipal Code. All uses not meeting the standards of the underlying zoning districts and Chapter 17.08 are prohibited.

B.

District Boundaries.

1.

The F-P Floodplain Overlay District includes all lands within the jurisdiction of Derby, Kansas identified on the Flood Insurance Rate Map (FIRM) originally adopted under Chapter 17.08 of the Derby Municipal Code and any future revisions thereto. Such map is hereby incorporated by reference and is made a part of the Official Zoning Map(s) of these regulations.

C.

Enforcement.

1.

Enforcement of the F-P Floodplain Overlay District and the underlying zoning districts is the responsibility of the Zoning Administrator in accordance with Article 9 of these regulations.

2.

In addition to permitting and requirements subject to enforcement by the Zoning Administrator, any development or substantial modification to existing structures within the F-P Floodplain Overlay District may also be subject to enforcement by the Floodplain Administrator as established in Chapter 17.08 of the Derby Municipal Code, including review of applications for floodplain permits in accordance with said Chapter 17.08.

A.

Use Regulations Schedule. The Use Regulations Schedule provides a tabular summary of the principal land use types allowed within each zoning district. The schedule is intended for reference and does not necessarily reflect all of the regulations that may apply. In the event of conflict between the Use Regulations Schedule and the regulations found within the individual district sections of these regulations, the text of the individual district regulations shall prevail.

B.

Permitted By-Right. Use types identified in a particular district column of the Use Regulations Schedule with a "P" are permitted by-right and shall be permitted in such district subject to Supplemental Regulations and Use Limitations.

C.

Special Uses. Use types identified in a particular district column of the Use Regulations Schedule with an "S" are Special Uses and shall be permitted in such district if reviewed and approved in accordance with Section 1101 of these regulations. Special Uses may be subject to Supplemental Regulations and shall be subject to conditions established through the review and approval process.

D.

Not Permitted. Use types not identified in a particular district column of the Use Regulations Schedule as permitted by-right or by Special Use are not permitted in such district unless other expressly permitted by other provisions of these regulations. Additionally, uses located within, or partially within, APZ I or II are subject to additional restrictions and may be prohibited by the provisions of Section 415 APZ Accident Potential Zone Overlay District.

E.

Accessory Uses. Use types identified in the Use Regulations Schedule are for principal uses or structures. Regulations of accessory uses or structures are contained in Section 600 of these regulations.

F.

Administrative Permit. Use types identified in a particular district column of the Use Regulations Schedule with an "A" are uses that may be permitted by Administrative Permit if reviewed and approved in accordance with Section 1105 of these regulations. Administrative Permits may be subject to Supplemental Regulations and shall be subject to conditions established through the review and approval process.

(Ord. No. 2529, § 1.49, 5-23-23; Ord. No. 2555, §§ 1.70, 1.71, 5-14-24)