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Dilworth City Zoning Code

ZONING DISTRICTS

DIMENSIONAL REQUIREMENTS AND PERMITTED USES

§ 153.040 TRANSITION ZONE DISTRICT (TZ).

   (A)   Purpose and intent. The Transition Zone District is established primarily for those annexed unplatted areas within the city that have not been zoned for development and are undergoing a transition from, in most cases, agricultural to urban uses. The urban transition is contingent upon development plans, proper timing, availability of public utilities and services and compatibility with the City of Dilworth Comprehensive Land Use Plan. As these conditions for development are met, a more conventional urban zoning district will replace the Transition Zone District.
   (B)   Permitted uses. The following are permitted uses in the Transition Zone (TZ) District:
      (1)   Residential uses.  
         (a)   Single-family and two-family dwellings;
         (b)   Day care facilities; and
         (c)   Home occupation.
      (2)   Non-residential uses.
         (a)   Farming (includes crop, trees, hobby farms, etc) and agricultural related uses subject to MPCA standards, but not including livestock operations;
         (b)   Home occupation;
         (c)   Essential services; and
         (d)   Nurseries, greenhouses, landscape material operations including retail and wholesale operations.
      (3)   Public, institutional and civic uses. Open space, athletic fields, parks and playgrounds.
   (C)   Conditional uses. The following are conditional uses in the Transition Zone (TZ) District:
      (1)   Residential uses.
         (a)   Residential Planned Unit Development, as regulated by § 153.062; and
         (b)   Residential programs/facilities serving six or fewer persons.
      (2)   Non-residential uses.
         (a)   Recreational areas which includes, but not limited to the following: golf courses, country clubs, swimming pools, ice arena/ice rink, driving range, and similar facilities provided that:
            1.   The principle use, function or activity is recreational in character;
            2.   Not more than 40% of the land area shall be covered by buildings, structures or impervious surfaces; and
            3.   When abutting a residential use and/or a residential use district, the property shall be screened and landscaped in compliance with § 153.065;
         (b)   Riding stables, dog kennels, animal hospitals (with overnight care) and similar uses/facilities provided that:
            1.   Any building in which animals are kept, whether roofed, enclosed or otherwise sheltered, shall be located, at minimum, a distance of 300 feet from any lot line;
            2.   Animals shall, at minimum, be kept in a physically enclosed pen or corral of sufficient height and strength to retain such animals;
            3.   Compliance with Minnesota Pollution Control Agency Regulations SW 53.(2) as may be amended is obtained; and
            4.   All other applicable state and local regulations pertaining to nuisance, heath and safety conditions are met;
         (c)   Cemeteries, provided that:
            1.   The site has direct vehicular access to a minor arterial street; and
            2.   The site is landscaped in accordance with § 153.068;
         (d)   Farm buildings within 300 feet of an existing residence or residential platted lot;
         (e)   Non-farm related open and outdoor storage as a principal or accessory use provided that:
            1.   The area is fenced and screened from view of neighboring residential uses or districts per § 153.065;
            2.   Storage is screened from view from the public right-of-way in compliance with §§ 153.065 and 153.068;
            3.   Storage area(s) are sodded, seeded or otherwise altered with an appropriate surface treatment to control dust; and
            4.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or neighboring residences and shall be in compliance with § 153.068;
         (f)   Non-farm related open or outdoor service, sale and rental as a principal or accessory use provided that;
            1.   Outside sale(s) areas are fenced are screened from view of neighboring residential uses, abutting residential district and the public right-of-way in compliance with this chapter;
            2.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 153.068;
            3.   Sales area(s) are sodded, seeded or otherwise altered with an appropriate surface treatment to control dust.
   (D)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in a TZ District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.  
 
Lot area
Two and one-half acres
Width
150 ft.
Depth
300 ft.
 
      (2)   Setbacks.
         (a)   Front yard: not less than 25 feet.
         (b)   Side yard:
            1.   Single and two-family:
               a.   Interior lots: eight feet;
               b.   Corner lots: 12 feet.
            2.   All other permitted and conditional uses: ten feet.
         (c)   Rear yard:
            1.   Principal building: 25 feet;
            2.   Accessory building or use: three feet, except on corner lots, which shall not be less that 12 feet on the side abutting the street.
   (E)   Maximum building height. For additional information on calculating building heights see the definition BUILDING HEIGHT in § 153.010.
      (1)   Dwelling units or principal buildings: 35 feet;
      (2)   Accessory buildings: as governed by § 153.069; and
      (3)   Farm buildings: none
   (F)   Maximum lot coverage. No structure or combination of structures shall occupy more than 10% of the lot area unless otherwise permitted within this section.
(Ord. passed - -)

§ 153.041 SINGLE-FAMILY AND LIMITED TWO-FAMILY RESIDENTIAL DISTRICT (R-1).

   (A)   Purpose and intent. The R-1 District is hereby established to provide a predominantly single-family character for residential development.
   (B)   Permitted uses. The following are permitted uses in the Single-Family and Limited Two- Family Residential (R-1) District:
      (1)   Residential uses.
         (a)   Single-family dwellings;
         (b)   Two-family dwellings (corner lots only);
         (c)   A state licensed residential facility or a housing with services establishment registered under M.S. Ch. 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use, in accordance with M.S. § 462.357;
         (d)   Manufactured homes subject to the following conditions:
            1.   All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal;
            2.   The minimum width of the main portion of the structure shall not be less than 22 feet, as measured across the narrowest portion;
            3.   All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the city; and
            4.   Tongues on all manufactured homes shall be removed;
         (e)   Garage and rummage sales provided that:
            1.   Sales may not exceed four days during any 30 day period and are limited to a maximum of eight days per year;
            2.   Signs advertising the sale may not be placed within any public right-of-way; and
            3.   No merchandise offered for sale may be placed within any public right-of-way.
      (2)   Non-residential uses.
         (a)   Golf courses; and
         (b)   Essential services.
      (3)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Primary and secondary schools;
         (c)   Open space, athletic fields, parks, and playgrounds;
         (d)   Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); and
         (e)   Public assembly (churches, synagogues, temples, and the like).
   (C)   Accessory uses. The following are permitted accessory uses in the Single-Family and Limited Two-Family Residential (R-1) District:
      (1)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (2)   The storage of recreational vehicles and related equipment;
      (3)   Home occupations as regulated by § 153.070;
      (4)   Noncommercial greenhouses and conservatories;
      (5)   Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (6)   Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; and
      (7)   Boarding or renting of rooms to not more than two persons.
   (D)   Conditional uses. The following are conditional uses in an R-1 District:
      (1)   Residential uses. Residential Planned Unit Development, as regulated by § 153.062;
      (2)   Non-residential uses.
         (a)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the city, provided that:
            1.   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
            2.   Equipment is completely enclosed in a permanent structure; and
            3.   Adequate screening from neighboring uses and landscaping is provided in compliance with § 153.068.
         (b)   Recreational buildings which include golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues), provided that:
            1.   Side yard setbacks shall be double than required for the district, but not greater that 30 feet;
            2.   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 153.065;
            3.   Adequate off-street parking and access is provided pursuant to § 153.060 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with § 153.065; and
            4.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060.
         (c)   Cemeteries; provided that:
            1.   The site has direct vehicular access to a minor arterial or arterial street; and
            2.   The site is screened in accordance with § 153.065.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in an R-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.  
 
Lot area
Single-family (7,000 sq. ft.)
Two-family (9,000 sq. ft.)
Width
60 ft.
Depth
100 ft.
 
      (2)   Setbacks.
         (a)   Front yard: not less than 25 feet.
         (b)   Side yard:
            1.   All permitted or conditional uses:
               a.   Interior lots: eight feet;
               b.   Corner lots: 12 feet.
            2.   Accessory structures: five feet minimum unless a garage entrance faces into a street in which case the setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way.
         (c)   Rear yard:
            1.   Principal building: 25 feet;
            2.   Accessory structures: five feet except on corner lots, which shall be not less than 12 feet on the side abutting the street. If a garage entrance faces onto a street the minimum setback will be 18 feet to accommodate a vehicle from encroaching onto the public right-of-way.
   (F)   Maximum building height. For additional information on calculating building heights see definition of BUILDING HEIGHT in § 153.010.
      (1)   Dwelling units or principal buildings: 35 feet;
      (2)   Accessory buildings: as governed by § 153.069.
   (G)   Maximum lot coverage. No structure or combination of structures in the R-1 District shall occupy more than 33% of the total lot area.
(Ord. passed - -)

§ 153.042 SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2).

   (A)   Purpose and intent. The R-2 District is established to encourage the preservation of residential neighborhoods characterized primarily by single-family and two-family dwellings and to preserve undeveloped lands for similar types of residential development.
   (B)   Permitted uses. The following are permitted uses in the Single-Family and Two-Family Residential (R-2) District:
      (1)   Residential uses.  
         (a)   Single-family dwellings;
         (b)   Two-family dwellings;
         (c)   A state licensed residential facility or a housing with services establishment registered under M.S. Ch. 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use, in accordance with M.S. § 462.357; and
         (d)   Manufactured homes subject to the following conditions:
            1.   All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal;
            2.   The minimum width of the main portion of the structure shall not be less than 22 feet, as measured across the narrowest portion;
            3.   All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the city; and
            4.   Tongues on all manufactured homes shall be removed.
      (2)   Non-residential uses.
         (a)   Golf courses; and
         (b)   Essential services.
      (3)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Primary and secondary schools;
         (c)   Open space, athletic fields, parks, and playgrounds;
         (d)   Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); and
         (e)   Public assembly (churches, synagogues, temples, and the like).
   (C)   Accessory uses. The following are permitted accessory uses in the Single-Family and Two-Family Residential (R-2) District:
      (1)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by § 153.070;
      (4)   Noncommercial greenhouses and conservatories;
      (5)   Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (6)   Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; and
      (7)   Boarding or renting of rooms to not more than two persons.
   (D)   Conditional uses. The following are conditional uses in an R-2 District:
      (1)   Residential uses.
         (a)   Multiple-family dwellings or attached single-family dwelling structures with not more than four units or retirement, nursing, assisted living, elderly homes provided that:
            1.   There is adequate off-street parking provided in compliance with § 153.060;
            2.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060; and
            3.   Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with § 153.065.
         (b)   Residential Planned Unit Development, as regulated by § 153.062.
      (2)   Non-residential uses.
         (a)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the city, provided that:
            1.   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
            2.   Equipment is completely enclosed in a permanent structure; and
            3.   Adequate screening from neighboring uses and landscaping is provided in compliance with § 153.065.
         (b)   Recreational buildings which include golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues), provided that:
            1.   Side yard setbacks shall be double that required for the district, but not greater that 30 feet;
            2.   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 153.065;
            3.   Adequate off-street parking and access is provided pursuant to § 153.060 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with § 153.065; and
            4.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060.
         (c)   Cemeteries; provided that:
            1.   The site has direct vehicular access to a minor arterial or arterial street; and
            2.   The site is screened in accordance with § 153.065.
         (d)   Businesses and professional service(s) office space/neighborhood commercial structures. These buildings may include, but are not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood, provided that:
            1.   The space is located within an already existing structure; and
            2.   The proposed uses shall not include more than one business per structure.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in an R-2 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Unit type
Lot area
Lot width
Lot depth
Single-family
4,800 sq. ft.
50 ft.
100 ft.
Two-family
6,000 sq. ft.
60 ft.
100 ft.
Townhouse
2,500 sq. ft.
N/A
N/A
Multi-family
Not less than 6,000 sq. ft. for each multi-family building having at least four units; and not less than 1,000 sq. ft. additional area for each additional dwelling unit.
130 ft.
100 ft.
 
      (2)   Setbacks.
         (a)   Front yard: not less than 25 feet.
         (b)   Side yard:
            1.   Interior lots: five feet;
            2.   Corner lots: 12 feet on side yards abutting a street except when the apron to a garage is facing said side yard, in which case the apron shall be a minimum of 18 feet to accommodate a vehicle from encroaching into public right-of-way;
            3.   Multi-family: 12% of the lot width with a minimum of six feet;
            4.   Townhouse: no setback required on internal common walls or party walls;
            5.   Garages: five feet unless garage entrances face onto street or alley, in which case, the minimum setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way;
            6.   Accessory structures: five feet minimum unless a garage entrance faces onto a street or alley, in which case, the setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way; and
            7.   All other uses: ten feet.
         (c)   Rear yard:
            1.   Principal building: 25 feet;
            2.   Accessory structures: five feet except on corner lots, which shall not be less than 12 feet on the side abutting a street; and
            3.   Garages: five feet unless garage entrances face onto a street or alley, in which case, the minimum setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way.
   (F)   Maximum building height. For additional information on calculating building heights see the definition BUILDING HEIGHT in § 153.010.
      (1)   Dwelling units or principal buildings: 35 feet;
      (2)   Accessory buildings: as governed by § 153.069.
   (G)   Maximum lot coverage. No structure or combination of structures shall occupy more than 33% of the lot area.
(Ord. passed - -)

§ 153.043 LIMITED MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3).

   (A)   Purpose and intent. The R-3 District is established to provide for an area where there will be a compatible variety of residential densities/dwelling units by encouraging single-family units, two-family units and multiple-family dwellings.
   (B)   Permitted uses. The following are permitted uses in the Limited Multiple-Family Residential (R-3) District:
      (1)   Residential uses.
         (a)   Single-family dwellings and two-family dwellings;
         (b)   Multi-family dwellings of more than two units but less than eight units;
         (c)   Townhome dwellings of more than two units but less than 13 units;
         (d)   Two unit single-family attached dwellings;
         (e)   Two unit condominiums if part of a larger single-family attached or condominium complex;
         (f)   Except as otherwise provided in § 153.041(B)(1)(c) and § 153.042(B)(1)(c), a state licensed residential facility serving from seven through 16 persons or a licensed day care facility serving from 13 through 16 persons, in accordance with M.S. § 462.357; and
         (g)   Manufactured homes subject to the following conditions:
            1.   All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal;
            2.   The minimum width of the main portion of the structure shall not be less than 22 feet, as measured across the narrowest portion;
            3.   All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the city;
            4.   Tongues on all manufactured homes shall be removed.
      (2)   Non-residential uses.
         (a)   Golf courses; and
         (b)   Essential services.
      (3)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Primary and secondary schools;
         (c)   Open space, athletic fields, parks, and playgrounds;
         (d)   Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); and
         (e)   Public assembly (churches, synagogues, temples, and the like).
   (C)   Accessory uses. The following are permitted accessory uses in the Limited Multiple-Family Residential (R-3) District:
      (1)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (2)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (3)   Recreational vehicles and equipment;
      (4)   Home occupations as regulated by § 153.070;
      (5)   Noncommercial greenhouses and conservatories;
      (6)   Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (7)   Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; and
      (8)   Boarding or renting of rooms to not more than two persons.
   (D)   Conditional uses. The following are conditional uses in an R-3 District:
      (1)   Residential uses.
         (a)   Multiple-family dwellings or attached single-family dwelling structures with more than eight units, provided that:
            1.   There is adequate off-street parking provided in compliance with § 153.060;
            2.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060; and
            3.   Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with § 153.065.
         (b)   Residential Planned Unit Development, as regulated by § 153.062.
      (2)   Non-residential uses.
         (a)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the city, provided that:
            1.   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
            2.   Equipment is completely enclosed in a permanent structure; and
            3.   Adequate screening from neighboring uses and landscaping is provided in compliance with § 153.065.
         (b)   Commercial recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues), provided that:
            1.   Side yard setbacks shall be double that required for the district, but not greater than 30 feet;
            2.   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 153.065;
            3.   Adequate off-street parking and access is provided pursuant to § 153.060 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with § 153.065; and
            4.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060.
         (c)   Cemeteries, provided that:
            1.   The site has direct vehicular access to a minor arterial or arterial street; and
            2.   The site is screened in accordance with § 153.065.
         (d)   Neighborhood commercial structure. These buildings may include, but are not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood, provided that:
            1.   The space is located within an already existing structure; and
            2.   The proposed uses shall not include more than one business per structure.
         (e)   Businesses and professional service(s) office space but non-inclusive of facilities or operations that provide overnight accommodations for patients or funeral homes, mortuaries or similar uses, and provided that:
            1.   Such uses are arranged, designed and constructed to be a functional, harmonious and compatible component of the surrounding neighborhood;
            2.   Equipment is completely enclosed in a permanent structure;
            3.   Adequate screening and landscaping from adjoining residential uses is provided in accordance with § 153.065;
            4.   All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from abutting residential property and shall be in compliance with § 153.068;
            5.   Adequate off-street parking and off-street loading areas, if necessary, shall be provided in compliance with § 153.060;
            6.   The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; and
            7.   Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in a R-3 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Unit type
Lot area
Lot width
Lot depth
Single-family
4,800 sq. ft.
50 ft.
N/A
Two-family
6,000 sq. ft.
50 ft.
N/A
Townhouse
2,500 sq. ft.
18 ft.
N/A
Multi-family
Not less than 6,000 sq. ft. for each multi-family building having at least four units; and not less than 750 sq. ft. additional area for each additional dwelling unit.
50 ft.
N/A
All other uses per § 153.069
 
      (2)   Setbacks.  
         (a)   Front yard: not less than 25 feet.
         (b)   Side yard:
            1.   Single-family, two-family and townhouses:
               a.   Interior lots: five feet;
               b.   Corner lots: 12 feet on the side yards abutting a public way, except when the apron to a garage is facing the side yard, in which case the apron shall be a minimum of 18 feet; and
               c.   Townhouse: no setback required on internal common walls or party walls.
            2.   Multiple-family: 12% of the lot with a minimum of six feet;
            3.   Garages: five feet unless garage entrances face onto street or alley, in which case, the minimum setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way;
            4.   Other principal structures:
               a.   For lots 50 feet wide or less, each side yard must not be less than six feet in width; for lots more than 50 feet wide but less than 100 feet wide, each side yard must be not less than 12% of the width of the lot; and for lots 100 feet wide or more, each side yard must be not less than 12 feet wide; and
               b.   Corner lots: 12 feet.
         (c)   Rear yards:
            1.   Principal buildings: 25 feet; and
            2.   Accessory buildings: five feet, except on corner lots, which shall be not less than 12 feet on the side abutting the street and 20 feet if the garage entrance faces onto a street in order to prevent a vehicle from encroaching into public right-of-way.
   (F)   Maximum building height. For additional information on calculating building heights see the definition BUILDING HEIGHT in § 153.010.
      (1)   Dwelling units or principal buildings: 35 feet; and
      (2)   Accessory buildings: as governed by § 153.069.
   (G)   Maximum lot coverage. The following maximum lot coverage standards will apply in the R-3 District:
      (1)   Single-family and two-family: No structure or combination of structures shall occupy more than 33% of the lot area; and
      (2)   Multiple-family: No structure or combination of structures shall occupy more than 40% of the lot area.
(Ord. passed - -)

§ 153.044 MULTIPLE-FAMILY DISTRICT (R-4).

   (A)   Purpose and intent. The R-4 District is established to provide high-density residential development within municipal limits. Non-residential uses permitted in this district will be limited to those uses and buildings that will provide stability and dignity to the area as a residential neighborhood.
   (B)   Permitted uses. The following are permitted uses in the Multiple-Family Residential (R-4) District:
      (1)   Residential uses.  
         (a)   Multiple-family dwellings;
         (b)   Except as otherwise provided in § 153.041(B)(1)(c) and § 153.042(B)(1)(c), a state licensed residential facility serving from seven through 16 persons or a licensed day care facility serving from 13 through 16 persons, in accordance with M.S. § 462.357; and
         (c)   Manufactured homes subject to the following conditions:
            1.   All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal;
            2.   The minimum width of the main portion of the structure shall not be less than 22 feet, as measured across the narrowest portion;
            3.   All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the city;
            4.   Tongues on all manufactured homes shall be removed.
      (2)   Non-residential uses.
         (a)   Golf courses;
         (b)   Essential services;
         (c)   Retirement, nursing, assisted living, elderly homes or similar uses; and
         (d)   Museums, art galleries or similar uses.
      (3)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Primary and secondary schools;
         (c)   Open space, athletic fields, parks, and playgrounds;
         (d)   Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); and
         (e)   Public assembly (churches, synagogues, temples, and the like).
   (C)   Accessory uses. The following are permitted accessory uses in the Multiple-Family Residential (R-4) District:
      (1)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by § 153.070;
      (4)   Noncommercial greenhouses and conservatories;
      (5)   Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (6)   Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; and
      (7)   Boarding or renting of rooms to not more than two persons.
   (D)   Conditional uses. The following are conditional uses in an R-4 District:
      (1)   Residential uses. 
         (a)   Multiple-family dwellings or attached single-family dwelling structures with more than 12 units, provided that:
            1.   There is adequate off-street parking provided in compliance with § 153.060;
            2.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060; and
            3.   Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with § 153.065.
         (b)   Residential Planned Unit Development, as regulated by § 153.062; and
         (c)   Residential programs/facilities (more than six individuals).
      (2)   Non-residential uses.
         (a)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the city, provided that:
            1.   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
            2.   Equipment is completely enclosed in a permanent structure; and
            3.   Adequate screening from neighboring uses and landscaping is provided in compliance with § 153.065.
         (b)   Recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues), provided that:
            1.   Side yard setbacks shall be double that required for the district, but not greater that 30 feet;
            2.   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 153.065;
            3.   Adequate off-street parking and access is provided pursuant to § 153.060 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with § 153.065; and
            4.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060.
         (c)   Cemeteries, provided that:
            1.   The site has direct vehicular access to a minor arterial or arterial street; and
            2.   The site is screened in accordance with § 153.065;
         (d)   Neighborhood commercial structure. These buildings may include, but not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood, provided that:
            1.   The space is located within an already existing structure; and
            2.   The proposed uses shall not include more than one business per structure.
         (e)   Businesses and professional service(s) office space but non-inclusive of facilities or operations that provide overnight accommodations for patients or funeral homes, mortuaries or similar uses, and provided that:
            1.   Such uses are arranged, designed and constructed to be a functional, harmonious and compatible component of the surrounding neighborhood;
            2.   Equipment is completely enclosed in a permanent structure;
            3.   Adequate screening and landscaping from adjoining residential uses is provided in accordance with § 153.065;
            4.   All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from abutting residential property and shall be in compliance with § 153.068;
            5.   Adequate off-street parking and off-street loading areas, if necessary, shall be provided in compliance with § 153.060;
            6.   The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; and
            7.   Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.
      (3)   Public, institutional and civic uses. Clubs or lodges which are operated for the benefit of members only.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in a R-4 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Unit type
Lot area
Lot width
Lot depth
Townhomes
2,500 sq. ft.
18 ft.
170 ft.
All other uses (per § 153.069)
50 ft.
170 ft.
 
      (2)   Setbacks.
         (a)   Front yard: not less than 25 feet.
         (b)   Side yard:
            1.   Townhouses:
               a.   Interior lots: five feet;
               b.   Corner lots: 12 feet;
               c.   Townhouse: no setback required on internal common walls or party walls.
            2.   Other principal structures:
               a.   For lots 50 feet wide or less, each side yard must not be less than six feet in width; for lots more than 50 feet wide but less than 200 feet wide, each side yard must be not less than 12% of the width of the lot; and for lots 100 feet wide or more, each side yard must be not less than 12 feet wide;
               b.   Corner lots: 12 feet.
         (c)   Rear yard:
            1.   Principal buildings: 25 feet;
            2.   Accessory buildings: five feet, except corner lots, which shall not be less than 12 feet on the side abutting the street.
   (F)   Maximum building height. For additional information on calculating building heights see the definition BUILDING HEIGHT in § 153.010.
      (1)   Dwelling units or principal buildings: 35 feet;
      (2)   Accessory buildings: as governed by § 153.069.
   (G)   Maximum lot coverage. No structure or combination of structures shall occupy more than 40% of the lot area.
(Ord. passed - -)

§ 153.045 MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5).

   (A)   Purpose and intent. This district is established to set aside an area within municipal limits for the exclusive use of manufactured home park(s) with certain restrictions to provide the residents in that district a safe healthful environment.
   (B)   Permitted uses. Single-family, detached, manufactured housing and manufactured home park offices shall be permitted uses within the R-5 District unless otherwise specified in the provisions of this chapter. New mobile home parks may not be established unless otherwise specified in the provisions of this chapter. Additionally, existing mobile home parks may not be expanded or modified (acreage, parcels, lots, etc) unless zoned Manufactured Housing Residential (R-5) District.
   (C)   Accessory uses. The following are permitted accessory uses in the Manufactured Housing Residential District (R-5):
      (1)   Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by § 153.070;
      (4)   Noncommercial greenhouses and conservatories;
      (5)   Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (6)   Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment;
      (7)   Boarding or renting of rooms to not more than two persons; and
      (8)   Community laundry facilities, storm shelter, park office, recreational building(s), provided that such structures are of a permanent nature and comply with the provisions of the state Uniform Building Code.
   (D)   Conditional uses. The following are conditional uses in an R-4 District:
      (1)   Residential uses. Residential Planned Unit Development, as regulated by § 153.062.
      (2)   Non-residential uses.
         (a)   Essential services;
         (b)   Convenience establishments (coin-operated laundries, grocery stores, dry cleaning establishments, and beauty and barber shops) may be permitted in mobile home parks subject to the following restrictions:
            1.   Such establishments and parking areas shall not occupy more than 10% of the area of the park;
            2.   Shall be located, designed and intended to serve frequent trade or service needs of persons residing in the park; and
            3.   Shall present no visible evidence of their commercial character to any portion of any residential district outside of the park.
         (c)   Overnight travel trailer park facilities;
         (d)   Wind energy conservation systems, subject to the minimum standards found in § 153.061;
         (e)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the city, provided, that:
            1.   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
            2.   Equipment is completely enclosed in a permanent structure; and
            3.   Adequate screening from neighboring uses and landscaping is provided in compliance with § 153.065.
         (f)   Recreational buildings which include golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues), provided that:
            1.   Side yard setbacks shall be double that required for the district, but not greater that 30 feet;
            2.   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 153.065;
            3.   Adequate off-street parking and access is provided pursuant to § 153.060 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with § 153.065; and
            4.   Adequate off-street loading and service entrances are provided and regulated, where applicable, by § 153.060.
         (g)   Cemeteries, provided that:
            1.   The site has direct vehicular access to a minor arterial or arterial street; and
            2.   The site is screened in accordance with § 153.065.
   (E)   General provisions.
      (1)   Drainage and landscaping. All land area shall be adequately drained, landscaped to control dust, and clean and free from refuse, garbage, rubbish or debris;
      (2)   Tents. No tents shall be used for residential housing purposes; however, tents may be used for recreational purposes.
      (3)   Outdoor camping. There shall be no outdoor camping anywhere in a manufactured housing park.
      (4)   Access approval. Access to manufactured housing parks to/from public right-of-way shall be approved by the city.
      (5)   Structures. Permits must be obtained for construction of buildings or structures when required by the Building Code.
      (6)   Enclosure of lower areas; inspection. The area beneath a manufactured housing unit shall be enclosed with a compatible material except that such enclosure must have access for inspection.
      (7)   Clothes lines. Laundry and clothing shall be hung out to dry only on lines indicated in city approved areas established and maintained exclusively for that purpose, as identified on the manufactured housing park site plan.
      (8)   Central community buildings. A manufactured housing park shall have an adequate central community building with the following features, as applicable:
         (a)   Laundry drying areas and machines;
         (b)   Public toilets and lavatories; and/or
         (c)   Storm shelter.
         (d)   Such buildings shall have adequate heating in all areas and be maintained in a safe, clean and sanitary condition.
      (9)   Completion of spaces before occupancy. The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted in a manufactured home park shall be ten units.
      (10)   Length of rental. No space shall be rented except for periods of 30 days or more.
      (11)   Tie-down and blocking requirements. Blocking, anchors and tie-downs shall be placed in accordance with Minnesota state law and the adopted Building Code.
      (12)   Inspection. All manufactured homes shall comply with state and local fire, health and building regulations.
      (13)   Refuse disposal. Procedures for garbage, waste and trash disposal must be approved by the city and must conform to all state and local health and pollution control regulations.
      (14)   Manufactured housing parks must provide and maintain adequate park/street lighting throughout the entirety of the park.
   (F)   Site plan requirements. At such time an application is submitted to rezone property (see § 153.023) to a Manufactured Housing Residential District (R-5), the applicant must submit a site plan to the city. The applicant shall be bound by said site plan after the rezone application is processed and acted upon by the city. The site plan shall be processed contemporaneous with the rezone application. Thereafter, no building permit shall be issued unless compliance is determined and deemed consistent with any approval issued by the City Council. The site plan shall include:
      (1)   The name and address of all owners and developers participating in the development of the proposed manufactured housing park;
      (2)   The legal description and lot size in acres;
      (3)   The location and size of all manufactured home lots, commercial lots, storage areas, recreation areas and facilities, landscaping, existing tree growth, surface water, topography, roadways, sidewalks and parking sites;
      (4)   Detailed landscaping plans, grading plans and specifications;
      (5)   Plans for sanitary sewage disposal, surface drainage, sub-surface drainage, fire hydrants, water systems, electrical services, gas services, cable television, and street lighting;
      (6)   Location and right-of-way width for all public streets abutting the proposed manufactured home park, inclusive of all street/sidewalk accesses and curbcuts from such street;
      (7)   Preliminary road construction plans and specifications including applicable cross section and curb details;
      (8)   Preliminary floor plans and elevations for all permanent structures, as appropriate;
      (9)   Staging and timing of construction program regardless of whether the entire area will be developed at one time or in phases;
      (10)   Such other information that is deemed reasonable and applicable by the city in order to complete a comprehensive review of the proposed development; and
      (11)   The scale for all drawings shall be one inch to 100 feet, legible and reproducible.
   (G)   Design standards. This division establishes design standards that should be applied to any applications for new manufactured housing parks within the municipal limits of Dilworth:
      (1)   Park size. The minimum area required for a manufactured housing park designation shall be eight acres.
      (2)   Density. The maximum density allowed within a manufactured home park shall be 12 manufactured homes per gross acre.
      (3)   Individual manufactured housing site (homes 14 feet wide or less).
         (a)   Each manufactured housing site shall contain at least 5,000 square feet of land area for the exclusive use of the occupant;
         (b)   Width: no less than 50 feet; and
         (c)   Depth: no less than 100 feet.
      (4)   Individual manufactured housing sites (homes in excess of 14 feet, but less than 18 feet in width):
         (a)   Each manufactured housing site shall contain at least 6,050 square feet of land area for the exclusive use of the occupant;
         (b)   Width: no less than 55 feet; and
         (c)   Depth: no less than 110 feet.
      (5)   Individual manufactured housing sites (homes over 18 feet in width);
         (a)   Each manufactured housing site shall contain at least 6,500 square feet of land area for the exclusive use of the occupant;
         (b)   Width: no less than 65 feet; and
         (c)   Depth: no less than 100 feet.
      (6)   Lot coverage. The manufactured home stand and manufactured home unit including accessory structures shall not cover more than 50% of the manufactured home lot.
      (7)   Individual manufactured housing unit setbacks.
         (a)   In manufactured housing parks existing prior to November 1, 1988, housing units shall not be located closer than ten feet to side lot lines nor closer than 15 feet to its front lot line, or within ten feet of its rear lot line;
         (b)   In all manufactured housing parks developed after November 1, 1988, housing units shall not be located closer than ten feet to side lot lines nor closer than 30 feet to its front lot line, or within ten feet of its rear lot line;
         (c)   All accessory structures such as awnings, cabanas, storage sheds, car ports, windbreaks, entryways or solar energy system shall be located, at minimum, three feet from any property line and in no case closer than ten feet to the nearest adjoining manufactured home.
      (8)   Each manufactured housing site shall have frontage on an approved street or roadway and the corner of each manufactured home shall be marked and each site shall be numbered.
      (9)   Building requirements.
         (a)   No principal structure shall exceed one story or 25 feet;
         (b)   No accessory structure shall exceed 15 feet in height;
         (c)   The unit structure is in compliance with the Guidelines for Manufactured Housing Installation, International Conference of Building Officials, 1983, as may be amended;
         (d)   No manufactured home stand shall be used for parking more than one manufactured home; and
         (e)   Each manufactured home shall have the lot number or house number mounted on the street side of the home.
      (10)   Parking.
         (a)   Each manufactured housing site shall have off-street parking space for two automobiles. All parking stalls shall be completely contained on the lot in which they serve;
         (b)   Each manufactured housing park shall maintain additional hard surfaced off-street parking lot(s) for guests of occupants in the amount of one space for every three home sites; and
         (c)   Driveways and access roads to unit sites/parking spaces shall be hard surfaced according to specifications established by the city.
      (11)   Utilities.
         (a)   All manufactured housing units shall be connected to a public water and sanitary sewer system or a private water and sanitary sewer system approved by the state Department of Health;
         (b)   All installations for disposal of surface stormwater must be approved by the city;
         (c)   All utility connections shall be as approved by the city;
         (d)   The source of fuel for cooking, heating or other purposes at each manufactured housing site shall be approved by the city;
         (e)   All manufactured housing units shall be provided with telephone and electrical outlets;
         (f)   All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes set forth herein;
         (g)   No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related manufactured appurtenances;
         (h)   The owner shall pay any required sewer connection fees to the city;
         (i)   The owner shall pay inspection and testing fees to the city; and
         (j)   Facilities for fire protection shall be installed as required by the city.
      (12)   Internal roads and streets.
         (a)   Roads and streets shall be bituminous or concrete surfaced as approved by the city;
         (b)   All roads and streets shall have a concrete (mountable, roll type) curb and gutter, unless otherwise approved by the city;
         (c)   All streets shall be developed with a road bed of not less than 32 feet in width and collector streets of not less than 36 feet in width. If parking is permitted on street then the roadbed shall be at least 36 feet in width. To qualify for the reduced road width (i.e. 32 feet) adequate off-street parking must be provided;
         (d)   The city discourages the use of cul-de-sac streets in manufactured home parks. If they are constructed, cul-de-sacs shall have a minimum roadbed radius of 40 feet;
         (e)   State and local traffic laws shall govern the operation of motor vehicles upon all dedicated streets in a mobile/manufactured home park; and
         (f)   The manufactured home park shall have a street lighting plan approved by the city.
      (13)   Recreation.
         (a)   All manufactured housing parks shall have at least 20% of the land developed for recreational use (tennis courts, children's play equipment, swimming pool, golf green, and the like). Developed and maintained at the owner/operator's expense, unless otherwise negotiated. Such areas shall be located to avoid any potential traffic hazards.
         (b)   In lieu of land dedication for public park purposes, a cash contribution as established by the city Subdivision Regulations, as may be amended or updated, may be paid to the city.
      (14)   Grading. Each manufactured home stand and lot shall have a longitudinal grade of not less than 4% in traverse crown or grade to provide adequate surface drainage.
      (15)   Landscaping.
         (a)   Each site shall be properly landscaped with trees, hedges, grass, fences, windbreaks and similar appropriate materials;
         (b)   A compact hedge, redwood fence or landscaped area shall be installed around each manufactured home park and shall be maintained in an appropriate, first class condition at all times; and
         (c)   All areas shall be landscaped in accordance with landscaping plans approved by the city.
      (16)   Lighting.
         (a)   Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment or common facilities for park occupant's use; and
         (b)   The manufactured housing park grounds shall be lighted as approved by the city from sunset to sunrise.
      (17)   Storage. Storage of large items such as boats, boat trailers, recreation vehicles, and the like. shall be accommodated in a separate secured and screened area of the park. No parking of such vehicles or equipment shall be permitted on the housing site.
      (18)   Removal. Manufactured home stands and lots shall be at such elevation, distance and position relative to the street or driveway that placement and removal of the manufactured home can be accomplished in a practical and reasonable manner.
      (19)   General. For those items not specifically referenced, the design standards as established by the Subdivision Regulations, as may be amended, shall be utilized as general development guidelines.
   (H)   Registration.
      (1)   It shall be the duty of the operator of the manufactured housing park to keep a record of all homeowners and occupants located within the park. The register shall contain the following information:
         (a)   The name and address of each unit occupant;
         (b)   The name and address of the owner of each unit;
         (c)   The make, model and year of the unit;
         (d)   The state, territory or country issuing such license;
         (e)   The date of arrival and departure of each unit; and
         (f)   The number and type of motor vehicles of residents of the park.
      (2)   The park operator shall keep the register available for inspection at all times by authorized city, state and county officials, public health officials and other public offices whose duty necessitates acquisition of the information contained in the register. The register shall not be destroyed until after a period of three years following the date of departure of the registrant from the park.
   (I)   Maintenance. The operator and/or owner of any manufactured housing park, or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the park, its facilities and equipment (including, but not limited to, private roads, public/park restrooms (if any), parking areas, recreational areas/equipment, street lighting, park lighting, dumpsters, refuse disposal and storage facilities. See division (E) above for additional information), in a clean, orderly, operable and sanitary condition. The attendant or caretaker shall be held accountable along with said operator/owner, for the violation of any provisions of these regulations to which said owner/operator is subject.
   (J)   Review procedures. All informational elements as required in this section shall be submitted to the city in accordance with the normal time schedule outlined for zoning district amendments, whether or not the proposal requires a rezoning. Proposals for manufactured housing park expansions on properly zoned land shall be reviewed for compliance with the applicable standards and requirements contained in this section by all designated and official city review bodies.
(Ord. passed - -)

§ 153.046 NEIGHBORHOOD BUSINESS DISTRICT (C-1).

   (A)   Purpose and intent. The purpose of the C-1 Neighborhood Commercial District is to provide for the establishment of integrated neighborhood centers. These neighborhood commercial centers are intended to provide convenient services such as office space, retail or service related establishments to adjacent residential areas. See § 153.068(D) for building and design standards.
   (B)   Permitted uses. The following are permitted uses in the Neighborhood Business District (C-1):
      (1)   Non-residential uses.  
         (a)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Incidental repair;
            4.   Shoe repair;
            5.   Sewing/tailor;
            6.   Massage treatments;
            7.   Tanning salon; and
            8.   Barber/beauty shop.
         (b)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Arch./design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Investment (banks, loans, credit unions, and the like); and
            12.   Professional services or commercial offices of similar use/type/intent.
         (c)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Camera/photo/film;
            4.   Bicycle sales/repair;
            5.   Essential services;
            6.   Gift store/novelties;
            7.   Jewelry sales;
            8.   Appliance sales;
            9.   Hobby shop;
            10.   Florists;
            11.   Tobacco shop;
            12.   Health food/products;
            13.   Dairy product retail;
            14.   Clothing/apparel;
            15.   Antique store;
            16.   Variety store;
            17.   General sales/repair (clocks, watches, vacuums, dry goods, televisions, electronics or other similar uses);
            18.   Music/record stores (including instruments); and
            19.   Convenience grocery (non-supermarket and without fuel sales).
         (d)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Dairy product retail;
            4.   Candy/ice cream/frozen desserts;
            5.   Meat or produce market (non-processing); and
            6.   Grocery, fruit/vegetable store (non-vehicle or movable sales).
         (e)   Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses, provided that:
            1.   Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said area shall be fenced, controlled and screened in compliance with § 153.065;
            2.   The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement;
            3.   Adequate off-street parking is provided in compliance with § 153.060;
            4.   Adequate off-street loading, as deemed applicable, is provided in compliance with § 153.060;
            5.   When abutting a residential district, a buffer area with screening and landscaping in compliance with § 153.065 shall be provided; and
            6.   All state laws and statutes governing such use are strictly adhered to and all operating permits are secured.
      (2)   Public, institutional and civic uses.
         (a)   Public assembly (churches, synagogues, temples, and the like);
         (b)   Governmental offices; and
         (c)   Open space, athletic fields, parks and playgrounds.
   (C)   Accessory uses. The following are permitted accessory uses in the Neighborhood Commercial District (C-1):
      (1)   Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed 30% of the gross floor space as utilized by the principal use;
      (2)   Off-street parking as regulated by § 153.060, but not including off-street parking for semi-trailer trucks; and
      (3)   Off-street loading facilities as regulated by § 153.060.
   (D)   Conditional uses. The following are conditional uses in a C-1 District:
      (1)   Residential uses. Multiple-family dwellings up to 12 units (consistent with conditions under division (2) below).
      (2)   Non-residential uses. Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community, drug stores, automobile service station, mini-warehouse or storage garages with no outdoor storage, multiple-family dwellings up to 12 units, private club or lodge serving food and beverages, and restaurants, cafes and off-safe liquor with no drive-thru service, provided that:
         (a)   Compatibility with the surrounding neighborhood is maintained and required setbacks are met;
         (b)   Equipment is completely enclosed in a permanent structure; and
         (c)   Adequate screening and landscaping from neighborhood residential districts is provided in accordance with § 153.065.
      (3)   Planned Unit Developments.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in the C-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Use type
Lot area
Lot width
Lot depth
As permitted
10,000 sq. ft.
100 ft.
N/A
 
      (2)   Setbacks.
         (a)   Front yard: not less than 30 feet.
         (b)   Side yard: not less than 15 feet, and side yard abutting a street shall not be less than 20 feet;
         (c)   Rear yard: 20 feet.
   (F)   Maximum building height. For additional information on calculating building heights see definition BUILDING HEIGHT in § 153.010.
      (1)   Principal buildings: 35 feet;
      (2)   Accessory buildings: as governed by § 153.069.
(Ord. passed - -)

§ 153.047 CENTRAL BUSINESS DISTRICT (C-2).

   (A)   Purpose and intent. This district is established to provide a core area of civic and high quality commercial uses to the community of Dilworth. These services should vary in use and extent to facilitate interdependence. The intent of this district is to support commercial uses that provide economic activity within city limits and to provide adequate/safe access to transportation infrastructure. See § 153.068(D) for building and design standards.
   (B)   Permitted uses. The following are permitted uses in the Central Business District (C-2):
      (1)   Non-residential uses.
         (a)   Animal-related services, inclusive of:
            1.   Veterinary clinics/hospitals (no overnight care, outside pens); and
            2.   Pet shops (no outside pens, kennels or exercise yards).
         (b)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance; and
            7.   Theatres (non-drive-up).
         (c)   Vehicles and equipment, inclusive of:
            1.   Auto service station; and
            2.   Automobile repair (minor, includes tire sales).
         (d)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Incidental repair;
            4.   Shoe repair/sales;
            5.   Sewing/tailor;
            6.   Massage treatments;
            7.   Tanning salon;
            8.   Barber/beauty shop;
            9.   Drug/pharmaceuticals;
            10.   Employment agencies;
            11.   Health clubs; and
            12.   Mortuaries/funeral.
         (e)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics/hospitals;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Architecture/design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Contracting (office);
            12.   Insurance sales/claims;
            13.   Plumbing/heating/electrical;
            14.   Shops/sales;
            15.   Investment (banks, savings, loans, credit unions, and the like); and
            16.   Professional services or commercial offices of similar use/type/intent.
         (f)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Camera/photo/film;
            4.   Bicycle sales/repair;
            5.   Essential services;
            6.   Gift store/novelties;
            7.   Jewelry sales;
            8.   Appliance sales;
            9.   Hobby shop;
            10.   Florists;
            11.   Tobacco shop;
            12.   Health food/products;
            13.   Dairy product retail;
            14.   Clothing/apparel;
            15.   Antique store;
            16.   Variety store;
            17.   Hardware;
            18.   Pawn shops;
            19.   Tattoo shops;
            20.   Sporting goods;
            21.   Toy/game stores;
            22.   General sales/repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses);
            23.   Music/record stores (including instruments);
            24.   Convenience store (with or without fuel sales);
            25.   Department/discount;
            26.   Hunting goods/firearms/with other merchandise sales;
            27.   State-licensed THC product sales;
            28.   State-licensed lower-potency hemp edible retailer-only and the following cannabis-related uses: delivery service, event organizer business and retailer-only;
            29.   State-licensed medical cannabis retailer-only; and
            30.   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis edible product manufacturing.
         (g)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Nightclubs;
            4.   Cocktail lounges;
            5.   Clubs/lodges;
            6.   Restaurants, cafes (no drive thru service);
            7.   Dairy product retail;
            8.   Candy/ice cream/frozen desserts;
            9.   Meat or produce market (non-processing);
            10.   Grocery, supermarket, fruit/vegetable store (non-vehicle or movable sales); and
            11.   Liquor store (on-off sale).
         (h)   Lodging facilities, inclusive of:
            1.   Motels/motor hotels; and
            2.   Hotels.
         (i)   Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses, provided that:
            1.   Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said area shall be fenced, controlled and screened in compliance with § 153.065;
            2.   The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement;
            3.   Adequate off-street parking is provided in compliance with § 153.060;
            4.   Adequate off-street loading, as deemed applicable, is provided in compliance with § 153.060;
            5.   When abutting a residential district, a buffer area with screening and landscaping in compliance with § 153.065 shall be provided; and
            6.   All state laws and statutes governing such use are strictly adhered to and all operating permits are secured.
         (j)   Commercial car washes (drive-through, mechanical and self-service), provided that:
            1.   Stacking space is constructed subject to the approval of the City Engineer;
            2.   At the boundaries of a residential district, a strip of not less than five feet shall be screened in compliance with this chapter;
            3.   Parking or car storage space shall be screened from view of abutting residential districts in compliance with § 153.065;
            4.   The entire area other than that occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer;
            5.   The entire area shall have a drainage system which is subject to the approval of the city;
            6.   All lighting shall be hooded and so directed so as not to be in violation of the provisions of § 153.068; and
            7.   Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer.
      (2)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Public assembly (churches, synagogues, temples, and the like);
         (c)   Governmental offices, conference centers, civic buildings;
         (d)   Open space, athletic fields, parks and playgrounds;
         (e)   Trade or vocational schools; and
         (f)   Parking lots and transportation terminals.
   (C)   Accessory uses. The following are permitted accessory uses in the Central Business District (C-2):
      (1)   Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed 30% of the gross floor space as utilized by the principal use;
      (2)   Off-street parking as regulated by § 153.060, but not including off-street parking for semi-trailer trucks; and
      (3)   Off-street loading facilities as regulated by § 153.060.
   (D)   Conditional uses. The following are conditional uses in a C-2 District:
      (1)   Residential uses. Multiple-family dwellings, up to 12 units, provided that:
         (a)   There is adequate off-street parking in compliance with § 153.060;
         (b)   One off-street loading space, if applicable, in compliance with § 153.060;
         (c)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with § 153.065;
         (d)   All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code;
         (e)   The principal use structure is in compliance with the state Uniform Building Code; and
         (f)   Usable open space is equal to 20% of the gross lot area.
      (2)   Non-residential uses.
         (a)   Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community and mini-warehouse or storage garages with no outdoor storage; and
         (b)   Automobile sales and rentals.
      (3)   Planned Unit Developments.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in the C-2 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Use type
Lot area
Lot width
Lot depth
As permitted
None
None
None
 
      (2)   Setbacks.
         (a)   Front yard: ten feet from curb line or right-of-way/property boundary, whichever is more restrictive;
         (b)   Side and rear setbacks: none or as otherwise required per building codes.
   (F)   Maximum building height. For additional information on calculating building heights see definition of BUILDING HEIGHT in § 153.010.
      (1)   Principal building: none;
      (2)   Accessory buildings: as governed by § 153.069.
(Ord. passed - -; Ord. 23-01, passed 4-24-2023; Ord. 24-09, passed 8-26-2024)

§ 153.048 GENERAL BUSINESS DISTRICT (C-3).

   (A)   Purpose and intent. It is the purpose of the C-3 General Business District to provide areas for commercial establishments that offer a variety of goods and services. The district is intended to attract commercial uses that can provide products and services to the community and region. Proximity to adjacent uses for spin-off business is not a primary consideration and this district should provide larger lots and efficient access to arterial streets. See § 153.068(D) for building and design standards.
   (B)   Permitted uses. The following are permitted uses in the General Business District (C-3):
      (1)   Residential uses. Trailer parks and camping facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district.
      (2)   Non-residential uses.
         (a)   Animal-related services, inclusive of:
            1.   Veterinary clinics/hospitals (no overnight care, no outside pens, runs or exercise yards). Dog daycares are permitted as a conditional use (see division (D));
            2.   Pet shops (no outside pens, kennels or exercise yards); and
            3.   All animal-related services shall be conducted within a soundproof building or structure designed to minimize noise pollution.
         (b)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance;
            7.   Miniature golf;
            8.   Golf driving range;
            9.   Theatres (drive-up requires six foot obscuring fence); and
            10.   Amusement parks (go-kart tracks shall be at least 300 feet from any residential district);
         (c)   Vehicles and equipment, inclusive of:
            1.   Auto service station;
            2.   Automobile repair (major, minor and tire sales);
            3.   Agricultural implements/dealerships; and
            4.   Automobile sales and rentals.
         (d)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Incidental repair;
            4.   Shoe repair/sales;
            5.   Sewing/tailor;
            6.   Massage treatments;
            7.   Tanning salon;
            8.   Barber/beauty shop;
            9.   Drug/pharmaceuticals;
            10.   Employment agencies;
            11.   Health clubs; and
            12.   Mortuaries/funeral.
         (e)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics/hospitals;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Architecture/design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Contracting (office);
            12.   Insurance sales/claims;
            13.   Plumbing/heating/electrical shops/sales; and
            14.   Electrical/heating/air conditioning/masonry/refrigeration/roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six feet in height.
            15.   Investment (banks, savings, loans, credit unions, and the like); and
            16.   Professional services or commercial offices of similar use/type/intent.
         (f)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Camera/photographic/film;
            4.   Bicycle sales/repair;
            5.   Essential services;
            6.   Gift store/novelties;
            7.   Jewelry sales;
            8.   Appliance sales;
            9.   Hobby shop;
            10.   Florists;
            11.   Tobacco shop;
            12.   Health food/products;
            13.   Dairy product retail;
            14.   Clothing/apparel;
            15.   Antique store;
            16.   Variety store;
            17.   Hardware;
            18.   Pawn shops;
            19.   Tattoo shops;
            20.   Sporting goods;
            21.   Toy/game stores;
            22.   Nurseries/landscape/garden centers;
            23.   General sales/repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses);
            24.   Music/record stores (including instruments);
            25.   Convenience store (with or without fuel sales);
            26.   Department/discount;
            27.   Hunting goods/firearms/with other merchandise sales;
            28.   State-licensed THC product sales;
            29.   State-licensed lower-potency hemp edible retailer-only and the following cannabis-related uses: delivery service, event organizer business and retailer-only;
            30.   State-licensed medical cannabis retailer-only; and
            31.   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis edible product manufacturing.
         (g)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Nightclubs;
            4.   Cocktail lounges;
            5.   Liquor stores (on/off sale);
            6.   Clubs/lodges;
            7.   Restaurants, cafes;
            8.   Bars, liquor sales;
            9.   Dairy product retail;
            10.   Meat or produce market (non-processing);
            11.   Truck stops/drive-thru restaurants (parking lots shall be 150 feet from any existing residential district);
            12.   Candy/ice cream/frozen desserts; and
            13.   Grocery, supermarket, fruit/vegetable store (non-vehicle or movable sales).
         (h)   Lodging facilities; inclusive of:
            1.   Motels/motor hotels; and
            2.   Hotels.
         (i)   Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses, provided that:
            1.   Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said area shall be fenced, controlled and screened in compliance with § 153.065;
            2.   The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement;
            3.   Adequate off-street parking is provided in compliance with § 153.060;
            4.   Adequate off-street loading, as deemed applicable, is provided in compliance with § 153.060;
            5.   When abutting a residential district, a buffer area with screening and landscaping in compliance with § 153.065 shall be provided;
            6.   All state laws and statutes governing such use are strictly adhered to and all operating permits are secured; and
            7.   All signing, informational or visual communication devices shall be in compliance with the applicable provisions of this code.
         (j)   Commercial car washes (drive-through, mechanical and self-service), provided that:
            1.   Stacking space is constructed subject to the approval of the City Engineer;
            2.   At the boundaries of a residential district, a strip of not less than five feet shall be screened in compliance with this chapter;
            3.   Parking or car storage space shall be screened from view of abutting residential districts in compliance with § 153.065;
            4.   The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer;
            5.   The entire area shall have a drainage system which is subject to the approval of the city;
            6.   All lighting shall be hooded and so directed so as not to be in violation of the provisions of § 153.068; and
            7.   Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer.
      (3)   Industrial uses. Production (light assembly) and warehouse, inclusive of:
            1.   Building material sales (non-lumber yard);
            2.   Lumber yards (outside storage shall be screened by a six foot obscuring fence);
            3.   Modular (factory built) home sales;
            4.   Carpentry/cabinets;
            5.   Furniture sales/assembly;
            6.   Furniture re-finishing;
            7.   Mini-storage/warehouse; and
            8.   Assembly/processing of non-offensive materials (appliances, electrical equipment, medical, dental, scientific or other similar uses).
      (4)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Public assembly (churches, synagogues, temples, and the like);
         (c)   Governmental offices/buildings, conference centers, civic buildings;
         (d)   Open space, athletic fields, parks and playgrounds;
         (e)   Trade or vocational schools; and
         (f)   Parking lots/ramps and transportation terminals.
   (C)   Accessory uses. The following are permitted accessory uses in the Central Business District (C-3):
      (1)   Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed 30% of the gross floor space as utilized by the principal use;
      (2)   Off-street parking as regulated by § 153.060, but not including off-street parking for semi-trailer trucks;
      (3)   Off-street loading facilities as regulated by § 153.060;
      (4)   Outdoor storage, sales, rental and service subject to §§ 153.068 and 153.069; and
      (5)   The stockpiling of black dirt and landscaping rock and materials accessory to nurseries, landscape centers and garden centers.
   (D)   Conditional uses. The following are conditional uses in an C-3 District:.
      (1)   Residential uses. Multiple-family dwellings up to 12 units, provided that:
         (a)   There is adequate off-street parking in compliance with § 153.060;
         (b)   One off-street loading space, if applicable, in compliance with § 153.060;
         (c)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with § 153.065;
         (d)   All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code;
         (e)   The principal use structure is in compliance with the state Uniform Building Code; and
         (f)   Usable open space is equal to 20% of the gross lot area.
      (2)   Non-residential uses. Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community.
         (a)   Adequate off-street loading is provided in compliance with § 153.060;
         (b)   Vehicular entrances to parking or service areas shall create minimum conflict with through traffic movement; and
         (c)   All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this chapter.
      (3)   Planned Unit Developments.
      (4)   Off-premise or billboard signs as provided for in § 153.064.
      (3)   Planned Unit Developments.
      (4)   Commercial kennels, dog daycares, dog clinics or shelters with outdoor activity spaces, providing for overnight stays, provided that:
         (a)   Limited to a set maximum number of animals at any one time. This number shall be set at the time of permit issuance.
         (b)   All animal-related uses and services (excluding an outdoor activity space) shall be conducted within a soundproof building or structure designed to minimize noise pollution.
         (c)   Animal waste and order control shall be addressed as part of facility operations.
         (d)   The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated.
         (e)   Adequate off-street parking is provided in compliance with § 153.060.
         (f)   All facilities, including the outdoor activity spaces shall be located at least 300 feet from any existing residential use or low-density (R-1, R-2) residential districts.
         (g)   No outdoor runs or kennels.
         (h)   Outdoor activity spaces shall meet the following requirements:
            1.   The space shall be completely fenced and screened by a six-foot-tall fence that is at least 80% opaque.
            2.   The space shall be cleaned daily so as not to create a nuisance.
            3.   Animal waste produced within the space shall not be allowed directly enter the city's storm sewer system.
            4.   Animals in the activity space shall be attended by a facility staff member. Noise from dogs shall be muffled as practically as possible. Continuous or excessive barking shall not be allowed.
      (5)   Off-premise or billboard signs as provided for in § 153.064.
      (6)   State-licensed medical cannabis combination business, may:
            (a)   Manufacture artificially derived cannabinoids;
            (b)   Manufacture medical cannabinoid products;
            (c)   Manufacture lower-potency hemp edibles;
            (d)   Manufacture adult-use cannabis edibles;
            (e)   Sell medical cannabis flower and cannabinoid products; and
            (f)   Sell immature cannabis plants and seedlings, adult-use flower, adult- use cannabis products, lower-potency hemp edibles, hemp derived consumer products, and other products authorized by law.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in the C-3 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Use type
Lot area
Lot width
Lot depth
As permitted
None
None
None
 
      (2)   Setbacks.
         (a)   Front yard: none or as otherwise required per building codes.
         (b)   Side and rear setbacks: none or as otherwise required per building codes.
   (F)   Maximum building height. For additional information on calculating building heights see definition of BUILDING HEIGHT in § 153.010.
      (1)   Principal building: none.
      (2)   Accessory buildings: as governed by § 153.069.
(Ord. passed - -; Ord. 23-01, passed 4-24-2023; Ord. 24-04, passed 4-8-2024; Ord. 24-09, passed 8-26-2024)

§ 153.049 LIGHT INDUSTRIAL DISTRICT (I-1).

   (A)   Purpose and intent. It is the purpose of the I-1 Light Industrial District to permit light industrial uses that are free from objectionable influence upon adjacent urban development.
   (B)   Permitted uses. The following are permitted uses in the Light Industrial District (I-1):
      (1)   Residential uses.
         (a)   Residential uses, provided that one dwelling unit shall be allowed per commercial structure and shall be incorporated into the structure. Residential uses shall not be located at ground level/first floor of any commercial structure in this district; and
         (b)   Trailer parks and camping facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district.
      (2)   Non-residential uses.
         (a)   Animal-related services, inclusive of:
            1.   Veterinary clinics/hospitals/shelters (no overnight care, no outside pens); and
            2.   Pet shops (no outside pens, kennels or exercise yards).
         (b)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance;
            7.   Miniature golf;
            8.   Golf driving range;
            9.   Theatres (drive-up requires six foot obscuring fence); and
            10.   Amusement parks (go-kart tracks shall be at least 300 feet from any residential district).
         (c)   Vehicles and equipment, inclusive of:
            1.   Auto service station;
            2.   Automobile repair (major, minor and tire sales);
            3.   Agricultural implements/dealerships;
            4.   Automobile sales and rentals (includes dealerships/implements); and
            5.   Heavy equipment sales, service, and repair.
         (d)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Incidental repair;
            4.   Shoe repair/sales;
            5.   Sewing/tailor;
            6.   Massage treatments;
            7.   Tanning salon;
            8.   Barber/beauty shop;
            9.   Drug/pharmaceuticals;
            10.   Employment agencies;
            11.   Health clubs; and
            12.   Mortuaries/funeral.
         (e)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics/hospitals;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Architecture/design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Contracting (office);
            12.   Insurance sales/claims;
            13.   Plumbing/heating/electrical shops/sales;
            14.   Electrical/heating/air conditioning/masonry/refrigeration/roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six feet in height;
            15.   Investment (banks, savings, loans, credit unions, and the like); and
            16.   Professional services or commercial offices of similar use/type/intent.
         (f)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Camera/photographic/film;
            4.   Bicycle sales/repair;
            5.   Essential services;
            6.   Gift store/novelties;
            7.   Jewelry sales;
            8.   Appliance sales;
            9.   Hobby shop;
            10.   Florists;
            11.   Tobacco shop;
            12.   Health food/products;
            13.   Dairy product retail;
            14.   Clothing/apparel;
            15.   Antique store;
            16.   Variety store;
            17.   Hardware;
            18.   Pawn shops;
            19.   Tattoo shops;
            20.   Sporting goods;
            21.   Toy/game stores;
            22.   Nurseries/landscape/garden centers;
            23.   General sales/repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses);
            24.   Music/record stores (including instruments);
            25.   Convenience store (with or without fuel sales);
            26.   Department/discount; and
            27.   Hunting goods/firearms/with other merchandise sales.
         (g)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Nightclubs;
            4.   Cocktail lounges;
            5.   Liquor stores (on/off sale);
            6.   Clubs/lodges;
            7.   Restaurants, cafes;
            8.   Bars, liquor sales;
            9.   Dairy product retail;
            10.   Meat or produce market (non-processing);
            11.   Truck stops/drive-thru restaurants (parking lots shall be 150 feet from any existing residential district);
            12.   Candy/ice cream/frozen desserts;
            13.   Grocery, supermarket, fruit/vegetable store (non-vehicle or movable sales); and
            14.   Bottling/distribution facilities.
         (h)   Lodging facilities, inclusive of:
            1.   Motels/motor hotels; and
            2.   Hotels.
         (i)   Agricultural processing (including fertilizer manufacturing), grain elevator and feed mixing and grinding plants; asphalt and concrete batching or ready-mix plants; concrete or cement products manufacturing; battery manufacture; bulk fuel, or gas storage; slaughter of animals (excluding stock yards); tire recapping or retreading or other similar heavy industrial uses, provided that:
            1.   A minimum lot area of 20,000 square feet and minimum lot width of 150 feet;
            2.   Drainage systems shall be subject to the approval of the City Engineer;
            3.   Lighting shall comply with the provisions of § 153.068;
            4.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            5.   Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; and
            6.   No outside storage except as allowed in compliance with § 153.068.
         (j)   Car impound lots (other than publicly owned), provided that:
            1.   The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage, subject to the approval of the City Engineer;
            2.   Drainage systems shall be subject to the approval of the City Engineer;
            3.   Lighting shall comply with the provisions of § 153.068;
            4.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            5.   All fencing shall conform with the applicable provisions of the City Code;
            6.   Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; and
            7.   No additional outside storage except as allowed in compliance with §§ 153.068 and 153.069 shall be allowed.
         (k)   Salvage yards, wrecking yards, or waste recycling facilities, public utilities and public service uses to include: car impound lots, power production, waste and water treatment plants, solid waste transfer station, coal transfer stations and holding ponds, solid waste incineration or composting with or without energy recovery, provided that:
            1.   Drainage systems shall be subject to the approval of the City Engineer;
            2.   Lighting shall comply with the provisions of § 153.068;
            3.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            4.   All fencing shall conform with the applicable provisions of the City Code;
            5.   Exterior storage areas shall be screened from view in compliance with § 153.068; and
            6.   Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer.
         (l)   Insecticide and pesticide, packaging only, and metal finishing, planting, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment, provided that:
            1.   Drainage systems shall be subject to the approval of the City Engineer;
            2.   Lighting shall comply with the provisions of § 153.068;
            3.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            4.   All fencing shall conform with the applicable provisions of the City Code; exterior storage areas shall be screened from view in compliance with § 153.068; and
            5.   Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer.
      (3)   Industrial uses. Manufacturing, production (light assembly), warehouse, storage and waste, inclusive of:
         (a)   Building material sales (non-lumber yard);
         (b)   Lumber yards (outside storage shall be screened by a six foot obscuring fence);
         (c)   Modular (factory built) home sales;
         (d)   Carpentry/cabinets;
         (e)   Furniture sales/assembly;
         (f)   Furniture re-finishing;
         (g)   Mini-storage/warehouse/rental facilities;
         (h)   Assembly/processing of non-offensive materials (appliances, electrical equipment, medical, dental, advertising products, scientific or other similar uses);
         (i)   Highway/street maintenance facilities;
         (j)   Research/development/testing laboratories/facilities;
         (k)   Fabrication, machining, processing, packing/packaging, freight or general light industrial uses (non-inclusive of agricultural fertilizer/pesticide processing/sales, batch plants, concrete plants, grain elevators, bulk fuel sales, grinding plants, feed mixing, slaughter facilities, tire recapping/retreading or similar heavy industrial uses);
         (l)   State-licensed lower-potency hemp concentrate manufacturing and the following cannabis-related uses: cultivator, manufacturer, mezzobusiness, microbusiness, testing facility, transporter and wholesaler; and
         (m)   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis edible product manufacturing.
      (4)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Public assembly (churches, synagogues, temples, and the like);
         (c)   Governmental offices, conference centers, civic buildings;
         (d)   Trade or vocational schools; and
         (e)   Parking lots/ramps and transportation terminals.
   (C)   Accessory uses. The following are permitted accessory uses in the Light Industrial District (I-1):
      (1)   Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed 30% of the gross floor space as utilized by the principal use;
      (2)   Off-street parking as regulated by § 153.060, but not including off-street parking for semi-trailer trucks;
      (3)   Off-street loading facilities as regulated by § 153.060; and
      (4)   Outdoor storage, sales, rental and service subject to §§ 153.068 and 153.069.
   (D)   Conditional uses. The following are conditional uses in an I-1 District:
      (1)   Residential uses. Multiple-family dwellings up to 12 units, provided that:
         (a)   There is adequate off-street parking in compliance with § 153.060;
         (b)   One off-street loading space, if applicable, in compliance with § 153.060;
         (c)   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with § 153.065;
         (d)   All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code;
         (e)   The principal use structure is in compliance with the state Uniform Building Code; and
         (f)   Usable open space is equal to 20% of the gross lot area.
      (2)   Non-residential uses.
         (a)   Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community; and
         (b)   Adult establishments (all types). This citation is based on a report prepared entitled "Report Of The Attorney General's Working Group On Regulation Of Sexually Oriented Businesses", dated June 6, 1989; other adjacent municipalities adopted regulations regarding adult uses and a review of zoning districts under this chapter. The city has determined that adult uses will have secondary effects upon certain pre-existing land uses within the city. Therefore, adult uses can be reasonably allowed in the Light Industrial (I-1) and Heavy Industrial (I-2) Districts if separated from certain sensitive land uses, provided that:
            1.   No adult establishment shall be located less than 1,000 feet from the nearest property line of any land in a residential zone, Planned Unit Development, residential uses, child care centers, day care facilities, school, religious institution, park, public recreational facility, library, establishment with a liquor license, playground or any similar sensitive use as determined by the city, whether within the city limits or not;
            2.   No adult establishment may be located less than 500 feet from any other adult establishment, whether within city limits or not. Measurements shall be made in a direct line from the property line of the premises where each use is located;
            3.   Off-site visibility. Any business operating as an adult establishment shall prevent visibility of its merchandise from public streets, sidewalks, parking lots or any areas outside of the building;
            4.   All entrances to the building (other than fire exits not useable by patrons) should be visible from the public right-of-way;
            5.   Signage. Signs shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation;
            6.   Minors. No minor shall be permitted on the premises of any adult establishment; and
            7.   Other requirements may apply as determined through the conditional use permit process, as deemed appropriate by the Planning Commission and City Council.
      (3)   Off-premise or billboard signs as provided for in § 153.064.
      (4)   State-licensed medical cannabis combination business, may:
         (a)   Grow cannabis plants from seed or immature plant to mature plant and harvest adult-use cannabis flower and medical cannabis flower from a mature plant;
         (b)   Make cannabis concentrate;
         (c)   Make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3% as measured by weight;
         (d)   Manufacture adult-use cannabis products and hemp derived consumer products for public consumption;
         (e)   Package and label medical cannabis and medical cannabinoid products for sale; and
         (f)   Package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles and hemp derived consumer products for sale to customers.
   (E)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in the I-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Use type
Lot area
Lot width
Lot depth
As permitted
None
None
None
 
      (2)   Setbacks.
         (a)   Front yard: none or as otherwise required per building codes.
         (b)   Side and rear setbacks: none or as otherwise required per building codes.
   (F)   Maximum building height. For additional information on calculating building heights see definition of BUILDING HEIGHT in § 153.010.
      (1)   Principal building: none.
      (2)   Accessory buildings: as governed by § 153.069.
(Ord. passed - -; Ord. 24-09, passed 8-26-2024)

§ 153.050 HEAVY INDUSTRIAL DISTRICT (I-2).

   (A)   Purpose and intent. It is the purpose of the I-2 Heavy Industrial District to provide an area that will accommodate industries not permitted in other districts. However, these uses should not endanger the health, safety or general welfare of the city or its residents.
   (B)   Permitted uses. The following are permitted uses in the Heavy Industrial District (I-2):
      (1)   Residential uses.
         (a)   Residential uses, provided that one dwelling unit shall be allowed per commercial structure and shall be incorporated into the structure. Residential uses shall not be located at ground level/first floor of any commercial structure in this district;
         (b)   Trailer parks and camping facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district.
      (2)   Non-residential uses.
         (a)   Animal-related services, inclusive of:
            1.   Veterinary clinics/hospitals/shelters (no overnight care, no outside pens); and
            2.   Pet shops (no outside pens, kennels or exercise yards).
         (b)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance;
            7.   Miniature golf;
            8.   Golf driving range;
            9.   Theatres (drive-up requires six foot obscuring fence); and
            10.   Amusement parks (go-kart tracks shall be at least 300 feet from any residential district);
         (c)   Vehicles and equipment, inclusive of:
            1.   Auto service station;
            2.   Automobile repair (major, minor and tire sales);
            3.   Agricultural implements/dealerships;
            4.   Automobile sales and rentals (includes dealerships/implements); and
            5.   Heavy equipment sales, service, and repair.
         (d)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Incidental repair;
            4.   Shoe repair/sales;
            5.   Sewing/tailor;
            6.   Massage treatments;
            7.   Tanning salon; barber/beauty shop;
            8.   Drug/pharmaceuticals;
            9.   Employment agencies;
            10.   Health clubs; and
            11.   Mortuaries/funeral.
         (e)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics/hospitals;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Architecture/design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Contracting (office);
            12.   Insurance sales/claims;
            13.   Plumbing/heating/electrical shops/sales;
            14.   Electrical/heating/air conditioning/masonry/refrigeration/roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six feet in height;
            15.   Investment (banks, savings, loans, credit unions, and the like); and
            16.   Professional services or commercial offices of similar use/type/intent.
         (f)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Camera/photographic/film;
            4.   Bicycle sales/repair;
            5.   Essential services;
            6.   Gift store/novelties;
            7.   Jewelry sales;
            8.   Appliance sales;
            9.   Hobby shop;
            10.   Florists;
            11.   Tobacco shop;
            12.   Health food/products;
            13.   Dairy product retail;
            14.   Clothing/apparel;
            15.   Antique store;
            16.   Variety store;
            17.   Hardware;
            18.   Pawn shops;
            19.   Tattoo shops;
            20.   Sporting goods;
            21.   Toy/game stores;
            22.   Nurseries/landscape/garden centers;
            23.   General sales/repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses);
            24.   Music/record stores (including instruments);
            25.   Convenience store (with or without fuel sales);
            26.   Department/discount; and
            27.   Hunting goods/firearms/with other merchandise sales.
         (g)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Nightclubs;
            4.   Cocktail lounges;
            5.   Liquor stores (on/off sale);
            6.   Clubs/lodges;
            7.   Restaurants, cafes;
            8.   Bars, liquor sales;
            9.   Dairy product retail;
            10.   Meat or produce market (non-processing);
            11.   Truck stops/drive-thru restaurants (parking lots shall be 150 feet from any existing residential district);
            12.   Candy/ice cream/frozen desserts;
            13.   Grocery, supermarket, fruit/vegetable store (non-vehicle or movable sales); and
            14.   Bottling/distribution facilities.
         (h)   Lodging facilities, inclusive of:
            1.   Motels/motor hotels; and
            2.   Hotels.
         (i)   Agricultural processing (including fertilizer manufacturing); grain elevator and feed mixing and grinding plants; asphalt and concrete batching or ready-mix plants; concrete or cement products manufacturing; battery manufacture; bulk fuel, or gas storage; slaughter of animals (excluding stock yards); tire recapping or retreading or other similar heavy industrial uses, provided that:
            1.   A minimum lot area of 20,000 square feet and minimum lot width of 150 feet;
            2.   Drainage systems shall be subject to the approval of the City Engineer;
            3.   Lighting shall comply with the provisions of § 153.068;
            4.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            5.   Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; and
            6.   No outside storage except as allowed in compliance with §§ 153.068 and 153.069.
         (j)   Salvage yards, wrecking yards, car impound lots, or waste recycling facilities, public utilities and public service uses to include: car impound lots, power production, waste and water treatment plants, solid waste transfer station, coal transfer stations and holding ponds, solid waste incineration or composting with or without energy recovery, provided that:
            1.   Drainage systems shall be subject to the approval of the City Engineer;
            2.   Lighting shall comply with the provisions of § 153.068;
            3.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            4.   All fencing shall conform with the applicable provisions of the City Code;
            5.   Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; and
            6.   No additional outside storage except as allowed in compliance with §§ 153.068 and 153.069 shall be allowed.
         (k)   Insecticide and pesticide, packaging only, and metal finishing, planting, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment, provided, that:
            1.   Drainage systems shall be subject to the approval of the City Engineer;
            2.   Lighting shall comply with the provisions of § 153.068;
            3.   At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 153.068;
            4.   All fencing shall conform with the applicable provisions of the City Code;
            5.   Exterior storage areas shall be screened from view in compliance with §§ 153.068 and 153.069; and
            6.   Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer.
      (3)   Industrial uses. Manufacturing, production (light assembly), warehouse, storage and waste, inclusive of:
         (a)   Building material sales (non-lumber yard);
         (b)   Lumber yards (outside storage shall be screened by a six foot obscuring fence);
         (c)   Modular (factory built) home sales;
         (d)   Carpentry/cabinets;
         (e)   Furniture sales/assembly;
         (f)   Furniture re-finishing;
         (g)   Mini-storage/warehouse/rental facilities;
         (h)   Assembly/processing of non-offensive materials (appliances, electrical equipment, medical, dental, advertising products, scientific or other similar uses);
         (i)   Highway/street maintenance facilities;
         (j)   Research/development/testing laboratories/facilities;
         (k)   Fabrication, machining, processing, packing/packaging, freight or general light industrial uses (non-inclusive of agricultural fertilizer/pesticide processing/sales, batch plants, concrete plants, grain elevators, bulk fuel sales, grinding plants, feed mixing, slaughter facilities, tire recapping/retreading or similar heavy industrial uses);
         (l)   State-licensed lower-potency hemp concentrate manufacturing and the following cannabis-related uses: cultivator, manufacturer, mezzobusiness, microbusiness, testing facility, transporter and wholesaler; and
         (m)   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis edible product manufacturing.
      (4)   Public, institutional and civic uses.
         (a)   Library;
         (b)   Public assembly (churches, synagogues, temples, and the like);
         (c)   Governmental offices/buildings, conference centers, civic buildings;
         (d)   Trade or vocational schools; and
         (e)   Parking lots/ramps and transportation terminals.
   (C)   Accessory uses. The following are permitted accessory uses in the Heavy Industrial District (I-2):
      (1)   Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed 30% of the gross floor space as utilized by the principal use;
      (2)   Off-street parking as regulated by § 153.060, but not including off-street parking for semi-trailer trucks;
      (3)   Off-street loading facilities as regulated by § 153.060; and
      (4)   Outdoor storage, sales, rental and service subject to §§ 153.068 and 153.069.
   (D)   Conditional uses.
      (1)   Non-residential uses.
         (a)   Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community; and
         (b)   Adult establishments (all types). This citation is based on a report prepared entitled "Report Of The Attorney General's Working Group On Regulation Of Sexually Oriented Businesses", dated June 6, 1989; other adjacent municipalities adopted regulations regarding adult uses and a review of zoning districts under this chapter. The city has determined that adult uses will have secondary effects upon certain pre-existing land uses within the city. Therefore, adult uses can be reasonably allowed in the Light Industrial (I-1) and Heavy Industrial (I-2) Districts if separated from certain sensitive land uses, provided that:
            1.   No adult establishment shall be located less than 1,000 feet from the nearest property line of any land in a residential zone, Planned Unit Development, residential uses, child care centers, day care facilities, school, religious institution, park, public recreational facility, library, establishment with a liquor license, playground or any similar sensitive use as determined by the city, whether within the city limits or not;
            2.   No adult establishment may be located less than 500 feet from any other adult establishment, whether within city limits or not. Measurements shall be made in a direct line from the property line of the premises where each use is located;
            3.   Off-site visibility. Any business operating as an adult establishment shall prevent visibility of its merchandise from public streets, sidewalks, parking lots or any areas outside of the building;
            4.   All entrances to the building (other than fire exits not useable by patrons) should be visible from the public right-of-way;
            5.   Signage. Signs shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation;
            6.   Minors. No minor shall be permitted on the premises of any adult establishment; and
            7.   Other requirements may apply as determined through the conditional use permit process, as deemed appropriate by the Planning Commission and City Council.
      (2)   Off-premise or billboard signs as provided for in § 153.064.
      (3)   State-licensed medical cannabis combination business, may:
         (a)   Grow cannabis plants from seed or immature plant to mature plant and harvest adult-use cannabis flower and medical cannabis flower from a mature plant;
         (b)   Make cannabis concentrate;
         (c)   Make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3% as measured by weight;
         (d)   Manufacture adult-use cannabis products and hemp derived consumer products for public consumption;
         (e)   Package and label medical cannabis and medical cannabinoid products for sale; and
         (f)   Package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles and hemp derived consumer products for sale to customers.
   (E)   Prohibited uses. The following are prohibited uses in the I-2 District: acetylene gas manufacturing, ammonia or chlorine manufacturing, anhydrous ammonia bulk storage plants, any other trade, industry or use that will be injurious, hazardous or offensive to an extent equal to or greater than those listed above.
   (F)   Minimum dimensional requirements and standards. The following minimum requirements shall be observed in the I-1 District subject to the additional requirements, exceptions and modifications set forth in this chapter.
      (1)   Lot dimensional standards.
 
Use type
Lot area
Lot width
Lot depth
As permitted
None
None
None
 
      (2)   Setbacks.
         (a)   Front yard: none or as otherwise required per building codes.
         (b)   Side and rear setbacks: none or as otherwise required per building codes.
   (G)   Maximum building height. For additional information on calculating building heights see the definition BUILDING HEIGHT in § 153.010.
      (1)   Principal building: none.
      (2)   Accessory buildings: as governed by § 153.069.
(Ord. passed - -; Ord. 24-09, passed 8-26-2024)

§ 153.051 TRADITIONAL MIXED-USE DISTRICT (MU1).

   (A)   Purpose and intent. This district is culturally and historically the oldest neighborhood commercial node in the city. It is established to facilitate mixed-use, including commercial, residential, public, institutional, and recreational uses. Residential will continue to be integral to this district and include a variety of densities and styles. To preserve the historic character of this area, development and redevelopment shall be arranged to create a compact, pedestrian-oriented environment. New buildings and renovations to existing buildings shall be architecturally compatible with existing structures and enhance the district's small-town character.
   (B)   Permitted uses. The following are permitted uses in the MU1 District:
      (1)   Residential uses.
         (a)   Single-family dwellings;
         (b)   Two-family dwellings; and
         (c)   Townhouses, up to four units.
      (2)   Non-residential uses.
         (a)   Animal-related services, inclusive of:
            1.   Veterinary clinics/hospitals (no overnight care, outside pens); and
            2.   Pet shops (no outside pens, kennels or exercise yards).
         (b)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance; and
            7.   Theaters (non-drive-up).
         (c)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Shoe repair/sales;
            4.   Sewing/tailor;
            5.   Massage treatments;
            6.   Tanning salon;
            7.   Barber/beauty shop;
            8.   Drug/pharmaceuticals;
            9.   Employment agencies;
            10.   Health clubs; and
            11.   Mortuaries/funeral.
         (d)   Bed and breakfast establishment.
         (e)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Dental/hygienic;
            3.   Medical/clinics;
            4.   Chiropractic;
            5.   Travel agency;
            6.   Real estate;
            7.   Architecture/design;
            8.   Engineering;
            9.   Accounting;
            10.   Property management;
            11.   Insurance sales/claims;
            12.   Shops/sales;
            13.   Investment (banks, savings, loans, credit unions, and the like); and
            14.   Professional services or commercial offices of similar use/type/intent.
         (f)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Bicycle sales/repair;
            4.   Essential services;
            5.   Gift store/novelties;
            6.   Jewelry sales;
            7.   Appliance sales;
            8.   Hobby shop;
            9.   Florists;
            10.   Tobacco shop;
            11.   THC product sales;
            12.   Health food/products;
            13.   Clothing/apparel;
            14.   Antique store;
            15.   Variety store;
            16.   Hardware;
            17.   Pawn shops;
            18.   Tattoo shops;
            19.   Sporting goods;
            20.   Toy/game stores;
            21.   Music/record stores (including instruments); and
            22.   Hunting and outdoors goods/firearms/with other merchandise sales (no outside storage).
         (g)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Cocktail lounges;
            4.   Brew pubs;
            5.   Micro-distillery and micro-distillery cocktail room;
            6.   Restaurants, cafes;
            7.   Candy/ice cream/frozen desserts;
            8.   Grocery, supermarket, butcher shop; and
            9.   Florists;
            10.   Tobacco shop;
            11.   State-licensed THC product sales;
            12.   State-licensed lower-potency hemp edible retailer-only and the following cannabis-related uses: delivery service, event organizer business and retailer-only;
            13.   State-licensed medical cannabis retailer-only;
            14.   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis product manufacturing;
            15.   Health food/products;
            16.   Clothing/apparel;
            17.   Antique store;
            18.   Variety store;
            19.   Hardware;
            20.   Pawn shops;
            21.   Tattoo shops;
            22.   Sporting goods;
            23.   Toy/game stores;
            24.   Music/record stores (including instruments); and
            25.   Hunting and outdoors goods/firearms/with other merchandise sales (no outside storage).
         (h)   Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses, provided that:
            1.   Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said area shall be fenced, controlled and screened in compliance with § 153.065;
            2.   Adequate off-street parking is provided in compliance with § 153.060; permanent parking or garage access shall be off side streets or alleyways of the property;
            3.   Adequate off-street loading, as deemed applicable, is provided in compliance with § 153.060, access shall be off side streets or alleyways;
            4.   When abutting a residential district, screening and landscaping shall be in compliance with § 153.065; and
            5.   All state laws and statutes governing such use are strictly adhered to and all operating permits are secured.
         (i)   Public, institutional, and civic uses.
            1.   Library;
            2.   Governmental offices;
            3.   Open space, parks, and playgrounds; and
            4.   Municipally-owned parking lots.
   (C)   (1)   Accessory uses. The following are permitted accessory uses in the Mixed Use (MU) District:
      (2)   Residential accessory structures and uses.
         (a)   Private garages, car ports, sheds, and similar buildings for the storage of vehicles or other items, as regulated by § 153.069;
         (b)   Recreational vehicles and equipment, stored in accordance with local regulations;
         (c)   Home occupations as regulated by § 153.070;
         (d)   Noncommercial greenhouses and conservatories; and
         (e)   Private swimming pools (rear yard only).
         (f)   Solar panels shall be architecturally compatible with the building and roof design. They shall not be visible from the front street right-of-way.
   (D)   Conditional uses. The following are conditional uses in the Mixed Use (MU) District:
      (1)   Planned unit developments;
      (2)   Multiple-family dwellings with no more than 12 units;
      (3)   Conference centers, civic buildings;
      (4)   Drive-thru food or beverage service, provided that:
         (a)   The facility is accessory to a specialty food or coffee shop, restaurant, financial institution, or other similar type commercial use approved by the Planning Department.
         (b)   The drive-thru is only operated between the hours of 5:30 a.m. and 11:00 p.m. if abutting properties used for residential purposes.
         (c)   There is no more than one lane located to the side or rear of a building.
         (d)   Any drive-thru canopy extends no further than three feet into required side or rear yard setbacks.
         (e)   Stacking spaces meet the following standards:
            1.   Minimum of ten feet by 20 feet in size. The required width for vehicle drive aisles shall not be allocated toward stacking spaces. The measurement of stacking spaces shall begin behind the first point at which the vehicle must stop (which may be the order board, a pre-order board or payment/pick up window)
            2.   Stacking spaces shall be separated from other internal driveways by surface markings.
            3.   Raised medians may be required where deemed necessary by staff for the purpose of traffic movement and safety.
            4.   Stacking spaces may not impede pedestrian movements, on or off-site traffic movements, or movements in or out of off-street parking spaces.
         (f)   All elements of the drive-through service area, including, but not limited to, menu boards, order stations, teller windows, and vehicle lights from stacking lanes must be screened from view of residences through one of the following:
            1.   Opaque fence at least six feet high;
            2.   Landscaped berm at least six feet high; or
            3.   Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet.
   (E)   Minimum dimensional requirements and standards.
      (1)   Principal use standards.
         (a)   Lot dimensions.
 
Use
Lot Area
Lot Width
Single-family
4,800 sq. ft.
50 ft.
Two-family
6,000 sq. ft.
60 ft.
Townhouse
2,500 sq. ft.
N/A
Multi-family
Not less than 6,000 sq. ft. for each multi-family building having at least four units and not less than 1,000 sq. ft. additional area for each additional dwelling unit.
130 ft.
All other uses (as permitted)
None
None
 
         (b)   Site dimensions.
 
Use
Front
Side
Rear
Lot Coverage
Height
Single-family
25 ft.
Interior lots: 5 ft.
Corner: 12 ft. unless garage faces side yard, then 18 ft.
25 ft.
33% All structures
35 ft.
Two-family
25 ft.
Interior lots: 5 ft.
Corner: 12 ft. unless garage faces side yard, then 18 ft.
25 ft.
33% All structures
35 ft.
Townhouse
Between 15 ft. and 25 ft. from property line
10 ft. abutting a street.
None on internal wall.
25 ft.
40% All structures
35 ft.
Multi-family
25 ft.
12% of the lot width; minimum 6 ft.
 
40% All structures
35 ft.
All other uses (as permitted)
Between 0 ft. and 15 ft. of the front property line
None, except when a side or rear lot line coincides with a residential district line, then 10 ft. minimum.
25 ft.
Up to 95% structures and parking lots with stormwater accommodation
35 ft.
 
      (2)   Accessory use standards. All accessory structures shall follow the following site requirements:
         (a)   Setbacks, single and two family.
            1.   Front: 25 feet (or no closer than front building line) for a detached garage only. All other accessory structures must be within a side or rear yard.
            2.   Side: five feet unless a garage entrance face onto street or alley, in which case, the minimum setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way.
            3.   Rear: five feet except on corner lots, which shall not be less than 12 feet on the side abutting a street (18 feet if structure is a garage).
         (b)   Height. Garage building height shall not exceed that of the principal structure, with the maximum 16 feet.
 
   (F)   Building and site design standards.
      (1)   Applicability. The following standards shall apply to new development, redevelopment, and building expansions greater than 50% of the floor area of an existing building.
      (2)   Uses. Where multiple uses are within a structure, uses can be mixed horizontally across multiple buildings or vertically. Residential uses are prohibited on first floors.
      (3)   Building standards.
         (a)   Building materials. All buildings in the mixed-use district shall use high-quality and durable exterior building materials that contribute to the visual look and small-town character of the neighborhood including lighting, textures, colors, and architectural features that are compatible with adjacent structures and functions.
            1.   Primary materials. Brick, stone, glass, metal, high-quality composite and other modern materials shall be the majority of the exterior building and facade (excluding windows).
            2.   Accent materials. Additional exterior architectural detailing that incorporates and complements the primary materials such as decorative metal, tile, wood, stucco, vinyl panels and other aesthetically pleasing materials shall be included in the facade. EIFS may be used as an accent material. At a minimum, accent materials shall comprise 20% of the building facade.
            3.   Prohibited materials. Exterior materials that shall not be included in the building design include untextured concrete and corrugated metal unless allowed by the City Council because of the materials contribution to the building design.
         (b)   Frontages and entrances.
            1.   The main entry shall face the front property line, with secondary entrances on the side or rear. Entrances shall be clearly articulated and obvious from the street.
            2.   All new building frontages and primary entrances shall include a minimum of three of the following design elements: awnings, canopies, pillars, cornices, parapet, columns, a combination of horizontal and vertical design features, or other architecturally designed building materials.
            3.   Multi-story buildings shall have the ground floor distinguished from the upper floors by having one or more of the following: wning, trellis, arcade, window lintels, cornice line, or brick detailing such as quoins or corbels.
            4.   Awnings - specific standards.
               a.   Intent. Historically awnings have been a frequent feature of buildings in the downtown. Awnings have been used to soften a hard and rigid streetscape. Awnings enhance the historic feel of the district, while providing sun protection for display windows, shelter for pedestrians, and provide additional accent color and design to building facades.
               b.   Approval required. Color renderings meeting the conditions identified below and showing the location, size, color and any proposed signage for an awning shall be submitted for review by the Planning Commission:
                  i.   The awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than two-thirds the width of the sidewalk as measured from the building to a maximum of six feet.
                  ii.   Awnings must be constructed of durable, water-repellent material such as canvas or metal. Plastic or fiberglass awnings are not permitted.
                  iii.   Backlighting or illumination of awnings is not permitted.
                  iv.   Retractable or fixed awnings may be used.
                  v.   Awnings shall not extend across multiple storefronts or and/or multiple buildings.
                  vi.   Awning colors and materials shall complement the building facade. Earth tones are encouraged. Large areas of bright colors are considered inappropriate.
                  vii.   Signage on awnings is permitted on the end panel or valance only.
                  viii.   Awnings and canopies deteriorate over time; regular maintenance and replacement is required.
         (c)   Facade transparency.
            1.   Non-residential building facades facing a street or public open space shall have a minimum of 60% transparency on the ground floor and a minimum of 20% transparency on any upper floors.
            2.   Facades of residential buildings facing a street or public open space shall have a minimum of 20% transparency on all floors.
            3.   Reflective glass, opaque glass, colored glass, and glass block is prohibited for windows and doors on ground story facades fronting on a public street, park, or plaza.
 
         (d)   Accessory structures. All accessory structures shall be constructed of the same materials and colors of the principal building.
         (e)   All rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units, including solar energy panels, and rooftop rainwater collection systems, which blend in with the building architecture are exempt from the screening requirement.
      (4)   Landscaping.
         (a)   All structures must have foundational plantings consisting of shrubs, perennials, and native grasses every ten feet on building sides facing a public street or a linear open space corridor connected via sidewalk.
         (b)   All open areas of a lot not used for buildings, parking, circulations, patios, or storage must be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, flowers, sod, ground cover, and other site design features to ensure soil stabilization. This requirement shall not apply to undisturbed areas retained in a natural state.
         (c)   The periphery of all parking lots shall be well landscaped and screened from the public right-of-way. If parking lots exist along the primary right-of-way, it must contain a landscaped edge that contains low shrubs, street trees, fencing, walls or a combination of these elements.
         (d)   Landscape plans shall be submitted for all site related applications where exterior construction and development activity will occur, except for the construction of an individual single-family or two-family dwelling.
         (e)   All residential one- and two-family developments shall require two canopy trees per dwelling unit installed in the city right-of-way.
         (f)   All multi-family, mixed-use, and non-residential uses shall provide:
            1.   One canopy or evergreen tree per 25 linear feet of street frontage.
            2.   In the event of overhead utilities, tree species shall be of the appropriate maximum height to accommodate utility installations.
            3.   All structures must have foundation plantings consisting of shrubs, perennials, and native grasses.
            4.   All additions, expansions, or additional structures shall require an additional two shrubs per 1,000 square feet of new construction.
            5.   Each multi-family residential development shall provide a minimum of 200 square feet per residential unit as private usable open space. Private usable open spaces will not count toward park dedication requirements. Usable open space means designed outdoor space intended for passive or active recreation that is accessible and suited to the needs of the development's residents, and shall generally have the following characteristics:
               a.   Functional and aesthetic design that relates to the principal building or buildings, with clear edges, including seating, landscaping, recreational facilities, sidewalk connections, and other amenities;
               b.   May be designed as courtyards, plazas, picnic areas, swimming pools, playground, rooftop patios/gardens, or trails within natural areas;
               c.   Compatible with or expands upon existing pedestrian connections, and public parks or open space;
               d.   May include both private common areas for use by all residents of that development, as well as a private unit's open space for exclusive use by that unit's residents;
               e.   Does not include driveways, parking areas, steep slopes, or stormwater ponds.
            6.   All plant materials must:
               a.   Meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.
               b.   Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species.
            7.   Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought, and salt.
            8.   Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified in this division.
            9.   Not more than 30% of the required number of trees shall be of the same species.
         (g)   Solar battery storage installations placed in required yard areas shall be screened. Placement of such installations on the exterior of buildings shall be architecturally compatible with the building design.
   (G)   Parking and loading. All parking requirements shall follow § 153.060 Off-Street Parking Requirements and Standards and specific MU district regulations set forth herein.
      (1)   Off-street parking.
         (a)   Off-street surface parking shall not be allowed between a building and a sidewalk.
         (b)   Parking area entrances and exits shall be located on secondary streets or alleys instead of Highway 10, where possible.
         (c)   The number of driveways shall be limited in order to maximize the amount of on-street parking spaces.
         (d)   Parking lots shall have designated pedestrian routes, including sidewalks and driveway crossings, shall be provided to connect each parking space to the front sidewalk, front entrance, and/or rear entrance. Driveways shall not be utilized as a designated pedestrian route.
         (e)   Off-street parking for residential developments shall be provided on-site and shall be specifically reserved for the use of residents. Visitor parking for multi-family residential units can be shared with other uses on site. Designed multi-family residential unit spaces shall not be counted as part of any shared parking or joint parking agreement.
         (f)   Off-street, non-residential parking should be located in the rear of the site, on the same lot as the principal use; except where off-lot parking is provided by an agreement with a neighboring owner.
         (g)   At the discretion of the Zoning Administrator, an administrative waiver of up to 5% of minimum parking requirements can be approved in response to unique site or use-specific characteristics.
         (h)   Within the MU district the Planning Commission and/or City Council may waive required off-street parking spaces in favor of delineated on-street parking. On-street parking spaces may replace off-street parking spaces at a 1:1 ratio.
      (2)   Shared parking facilities. When two or more parking lots have adjacent rear or side property lines, the parking lots may be connected by a driveway crossing the side and rear yards. For new or redevelopments, evidence of an agreement or access easement must be provided to the city.
 
      (3)   Loading docks shall not be located in the front yard and shall be 100% screened from ground level view of public streets, adjacent residential properties, and public open spaces. Screening can be landscaping or a wall of the same materials and colors as the principal building.
(Ord. 24-02, passed 3-11-2024; Ord. 24-09, passed 8-26-2024)

§ 153.052 RAIL MIXED-USE DISTRICT (MU2).

   (A)   Purpose and intent. This district is a new commercial node in the city. It is established to facilitate neo-traditional commercial mixed-use development, including commercial, residential, public, institutional, and recreational uses. Residential will be ancillary to this district and used to support the commercial district. Buildings, streets, alleys, parking areas and sidewalks/trails shall be arranged to create a compact, pedestrian-oriented environment. New buildings shall be architecturally compatible with existing structures and enhance the small-town commercial district character.
   (B)   Permitted uses. The following are permitted uses in the Mixed-Use (MU) District:
      (1)   Commercial uses.
         (a)   Entertainment and recreational activities, inclusive of:
            1.   Art galleries;
            2.   Museums;
            3.   Bowling alleys;
            4.   Billiards;
            5.   Indoor recreation;
            6.   Studios/dance; and
            7.   Theatres (non-drive-up).
         (b)   Personal services, inclusive of:
            1.   Dry cleaning;
            2.   Laundromat;
            3.   Shoe repair/sales;
            4.   Sewing/tailor;
            5.   Massage treatments;
            6.   Tanning salon;
            7.   Barber/beauty shop;
            8.   Drug/pharmaceuticals;
            9.   Employment agencies;
            10.   Health clubs; and
            11.   Mortuaries/funeral (non-crematory).
         (c)   Professional services/commercial offices, inclusive of:
            1.   Locksmith;
            2.   Gunsmith;
            3.   Dental/hygienic;
            4.   Medical/clinics;
            5.   Chiropractic;
            6.   Travel agency;
            7.   Real estate;
            8.   Architecture/design;
            9.   Engineering;
            10.   Accounting;
            11.   Property management;
            12.   Insurance sales/claims;
            13.   Shops/sales;
            14.   Investment (banks, savings, loans, credit unions, and the like); and
            15.   Professional services or commercial offices of similar use/type/intent.
         (d)   General retail, inclusive of:
            1.   Paint/decor store;
            2.   Book store;
            3.   Bicycle sales/repair;
            4.   Essential services;
            5.   Gift store/novelties;
            6.   Jewelry sales;
            7.   Appliance sales;
            8.   Hobby shop;
            9.   Florists;
            10.   Greenhouses;
            11.   Tobacco shop;
            12.   State-licensed THC product sales;
            13.   State-licensed lower-potency hemp edible retailer-only and the following cannabis-related uses: delivery service, event organizer business and retailer-only;
            14.   State-licensed medical cannabis retailer-only;
            15.   State-licensed lower-potency hemp edible, cannabis edible or medical cannabis product manufacturing;
            16.   Health food/products;
            17.   Clothing/apparel;
            18.   Antique store;
            19.   Variety store;
            20.   Hardware;
            21.   Pawn shops;
            22.   Tattoo shops;
            23.   Sporting goods;
            24.   Toy/game stores;
            25.   Music/record stores (including instruments); and
            26.   Hunting and outdoor goods/firearms/with other merchandise sales (no outside storage).
         (e)   Food and beverage services, inclusive of:
            1.   Bakery (goods/retail);
            2.   Delicatessen/prepared food sales;
            3.   Cocktail lounges;
            4.   Brewpubs; micro-brewery;
            5.   Microdistillery and microdistillery cocktail room;
            6.   Restaurants, cafes;
            7.   Candy/ice cream/frozen desserts;
            8.   Neighborhood grocery store, boutique or natural grocery store, butcher shop; and
            9.   Off-sale liquor store.
         (f)   Day senior residential programs/facilities, child day care facilities, and childcare centers, provided that:
            1.   Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said area shall be fenced, controlled and screened in compliance with § 153.065;
            2.   Adequate off-street parking is provided in compliance with § 153.060; permanent parking or garage access shall be off side streets or alleyways of the property;
            3.   Adequate off-street loading, as deemed applicable, is provided in compliance with § 153.060, access shall be off side streets or alleyways;
            4.   When abutting a residential district, screening and landscaping shall be in compliance with § 153.065; and
            5.   All state laws and statutes governing such use are strictly adhered to and all operating permits are secured.
         (g)   Public, institutional, and civic uses:
            1.   Library;
            2.   Governmental offices;
            3.   Open space, parks, and playgrounds; and
            4.   Municipally owned parking lots and parking ramps.
   (C)   Accessory uses. The following are permitted accessory uses in the Mixed-Use (MU) District:
      (1)   Commercial accessory structures and uses.
         (a)   Private garages, carports, sheds, and similar buildings for the storage of vehicles or other items, as regulated by § 153.069.
         (b)   Solar panels and related equipment shall be architecturally compatible with the building and roof design. They shall not be visible from the front street right-of-way.
      (2)   Private parking lots and ramps as regulated in this section and § 153.060.
   (D)   Conditional uses. The following are conditional uses in the Mixed-Use (MU) District:
      (1)   Planned unit developments; commercial, or residential uses as follows:
         (a)   Multi-family dwellings of not less than seven units but less than 36 units.
         (b)   Condominiums of more than seven units but less than 36 units.
         (c)   Structures that exceed district dimensional requirements.
      (2)   Upper-story apartment development above commercial buildings, not to exceed 36 units;
      (3)   Conference centers, civic buildings;
      (4)   Drive-thru food or beverage service provided that:
         (a)   The facility is accessory to a specialty food or coffee shop, restaurant, financial institution, or other similar type commercial use approved by the Planning Department.
         (b)   The drive-thru is only operated between the hours of 5:30 a.m. and 11:00 p.m. if abutting properties used for residential purposes.
         (c)   There is no more than one lane located to the side or rear of a building.
         (d)   Any drive-thru canopy extends no further than three feet into required side or rear yard setbacks.
         (e)   Stacking spaces meet the following standards:
            1.   Minimum of ten feet by 20 feet in size. The required width for vehicle drive aisles shall not be allocated toward stacking spaces. The measurement of stacking spaces shall begin behind the first point at which the vehicle must stop (which may be the order board, a pre order board or payment/pick up window).
            2.   Stacking spaces shall be separated from other internal driveways by surface markings.
            3.   Raised medians may be required where deemed necessary by staff for the purpose of traffic movement and safety.
            4.   Stacking spaces may not impede pedestrian movements, on or off-site traffic movements, or movements in or out of off-street parking spaces.
         (f)   All elements of the drive-through service area, including, but not limited to, menu boards, order stations, teller windows, and vehicle lights from stacking lanes must be screened from view of a residential use through one of the following:
            1.   Opaque fence at least six feet high;
            2.   Landscaped berm at least six feet high; or
            3.   Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet.
      (5)   Pet stores, provided that:
         (a)   Business to be conducted within a soundproof building or structure design.
         (b)   There are no outside pens, kennels or exercise yards.
         (c)   Animal waste and odor control shall be addressed as a part of facility operations.
   (E)   Minimum dimensional requirements and standards.
      (1)   Principal use standards.
         (a)   Table 1 lot dimensions.
 
Use
Lot Area
Lot Width
Commercial
2,500 sq. ft. minimum
25 ft. minimum
Multi-family
Not less than 6,000 sq. ft. for each multi-family building having at least seven units and not less than 1,000 sq. ft. additional area for each additional unit.
130 ft.
All other uses (as permitted)
None
None
 
         (b)   Table 2 site setback and dimensions.
 
Use
Front
Side
Rear
Lot Coverage
Height
Commercial
None
20 ft. max width; 45 ft. max with driveway
None
Up to 95%; all structures and parking lots with stormwater accommodation
40 ft.*
Multi-family
None
None
None
Up to 95%; all structures with stormwater accommodation
40 ft.*
All other uses (as permitted)
None
None, except when a side or rear lot line coincides with a residential district line, then 10 ft. minimum
25 ft.
Up to 95%; all structures and parking lots with stormwater accommodation
40 ft.*
*Maximum 3 stories
 
      (2)   Accessory use standards. All accessory structures shall follow the following site requirements.
         (a)   Setbacks.
            1.   Front: 25 feet (or no closer than front building line) for a detached garage only. All other accessory structures must be within a side or rear yard.
            2.   Side: Five feet unless a garage entrance face onto street or alley, in which case, the minimum setback will be 18 feet to accommodate a vehicle from encroaching into public right-of-way.
            3.   Rear: Five feet except on corner lots, which shall not be less than 12 feet on the side abutting a street (18 feet if structure is a garage).
         (b)   Height. Garage building height shall not exceed that of the principal structure, with a maximum height of 16 feet.
   (F)   Building and site design standards.
      (1)   Applicability. The following standards shall apply to new development, redevelopment, and building expansions greater than 50% of the floor area of an existing building.
      (2)   Uses. Where multiple uses are within a structure, uses can be mixed horizontally across multiple buildings or vertically. Residential uses are prohibited on first floors in mixed-use buildings.
      (3)   Building standards. 
         (a)   Building materials. All buildings in the mixed-use district shall use high- quality and durable exterior building materials that contribute to the visual character of the neighborhood including lighting, textures, colors, and architectural features that are compatible with adjacent structures and functions.
            1.   Primary materials. Brick, stone, glass, architectural metal panels, high-quality composite and other modern materials shall be the majority of the exterior building and facade (excluding windows).
            2.   Accent materials. Additional exterior architectural detailing that incorporates and complements the primary materials such as decorative metal, tile, wood, stucco, vinyl panels, and other aesthetically pleasing materials may be included in the facade. EIFS may be used as an accent material. At a maximum, accent materials shall comprise 20% of the building facade.
            3.   Prohibited materials. Exterior materials that shall not be included in the building design include untextured concrete and corrugated metal unless allowed by the City Council because of the material's contribution to the building design.
         (b)   Frontages and entrances.
            1.   The main entry shall face the front property line, with secondary entrances on the side or rear. Entrances shall be clearly articulated and obvious from the street.
            2.   All new building frontages and primary entrances shall include a minimum of two architecturally designed building features. Examples include: awnings, canopies, pillars, cornices, parapets, columns, a combination of horizontal and vertical design features, or other architecturally designed building features.
            3.   Multi-story buildings are encouraged to have the ground floor distinguishable from the upper floors.
            4.   Awnings - specific standards.
               a.   Intent. Historically awnings have been a frequent feature of buildings in the downtown. Awnings have been used to soften a hard and rigid streetscape. Awnings enhance the historic feel of the district, while providing sun protection for display windows, shelter for pedestrians, and provide additional accent color and design to building facades.
               b.   Approval required. Color renderings meeting the conditions identified below and showing the location, size, color and any proposed signage for an awning shall be submitted for review by the Planning Commission:
                  (i)   The awning may project over the public sidewalk provided that it is at least eight feet above grade and does not project more than two-thirds the width of the sidewalk as measured from the building to a maximum of six feet.
                  (ii)   Awnings must be constructed of durable, water- repellent material such
as canvas or metal. Plastic or fiberglass awnings are not permitted.
                  (iii)   Retractable or fixed awnings may be used.
                  (iv)   Awnings shall not extend across multiple storefronts or and/or multiple buildings.
                  (v)   Awning colors and materials shall complement the building facade. Earth tones are encouraged. Large areas of bright colors are considered inappropriate.
                  (vi)   Signage on awnings is permitted on the end panel or valance only.
                  (vii)   Awnings and canopies deteriorate over time; regular maintenance and replacement is required.
         (c)   Facade transparency (see Exhibit 1).
            1.   Non-residential building facades facing a street or public open space shall have a minimum of 50% transparency on the ground floor and a minimum of 20% transparency on any upper floors.
            2.   Facades of residential buildings facing a street or public open space shall have a minimum of 10% transparency on all floors.
            3.    Reflective glass, opaque glass, colored glass, and glass block is prohibited for entry doors on ground- story facades fronting on a public street, park, or plaza.
 
         (d)    All rooftop or ground-moun ted mechanical and battery storage equipment and exterior trash and recycling storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units, including solar energy panels, and rooftop rainwater collection systems, which blend in with the building architecture are exempt from the screening requirement.
      (4)   Landscaping.
         (a)   Landscape plans shall be submitted and approved by the city for all site-related applications where development activity will occur.
         (b)   Areas on development sites to be graded or prepped for development shall have ground cover planted and maintained as per plans approved by the city.
         (c)   Natural or planted cover shall be maintained on development sites prior to issuance of development permits.
         (d)   All plant materials must:
            1.   Meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.
            2.   Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species.
         (e)   All new developments shall provide:
            1.   One canopy or evergreen tree per 25 linear feet of street frontage, except in downtown streetscape areas. Any trees in the downtown streetscape areas shall be part of an approved landscape plan.
            2.   In the event of overhead utilities, tree species shall be of the appropriate maximum height to accommodate utility installations.
            3.   Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought, and salt.
            4.   Existing healthy plant material may be utilized to satisfy landscaping requirements.
            5.   Not more than 30% of the number of trees in a landscaping plan shall be of the same species.
   (G)   Parking and loading. All parking requirements shall follow § 153.060 and specific MU district regulations set forth herein:
      (1)   Off-street parking.
         (a)   Off-street surface parking shall not be allowed between a building and a sidewalk.
         (b)   Parking area entrances and exits shall be located on secondary streets or alleys as practical. Access to main frontage roads shall be approved by the City Council.
         (c)   The number of driveways shall be limited in order to maximize the amount of on-street parking spaces.
         (d)   Parking lots shall have designated pedestrian routes, including sidewalks and driveway crossings, shall be provided to connect each parking space to the front sidewalk, front entrance, and/or rear entrance. Driveways shall not be utilized as a designated pedestrian route.
         (e)   Off-street parking for residential developments shall be provided on site and shall be specifically reserved for the use of residents. Visitor parking for multi-family residential units can be shared with other uses on site. Designed multi-family residential unit spaces shall not be counted as part of any shared parking or joint parking agreement.
         (f)   Off-street, non-residential parking should be located in the rear of the site, on the same lot as the principal use; except where off-lot parking is provided by an agreement with a neighboring owner.
         (g)   At the discretion of the Zoning Administrator, an administrative waiver of up to 5% of minimum parking requirements can be approved in response to unique site or use specific characteristics.
         (h)   Within the MU district the Planning Commission and/or City Council may waive required off-street parking spaces in favor of delineated on-street parking. On-street parking spaces may replace off-street parking spaces at a one-to-one ratio.
      (2)   Shared parking facilities. When two or more parking lots have adjacent rear or side property lines, the parking lots may be connected by a driveway crossing the side and rear yards. For new or redevelopments, evidence of a recorded agreement or recorded access easement must be provided to the city (see Exhibit 2).
      (3)   District parking facilities. Commercial, mixed-use and adjacent multi-family buildings may utilize a district parking plan, as approved by the city, evidenced by recorded agreements outlining joint parking rights, access and cross easements.
      (4)   Loading docks shall not be located in the front yard areas.
 
(Ord. 24-06, passed 8-26-202 4; Ord. 24-09, passed 8-26-2024)