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Douglas City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 111-71.- Purpose.

The purpose of this article is to describe the specific uses and restrictions that apply to zoning districts in the city. These regulations are intended to allow development and use of property in compliance with the goals and policies of the city as expressed in the county and city joint comprehensive plan.

(Code 1993, pt. III, ch. 3, § 1)

Sec. 111-72. - Zoning districts.

(a)

Permitted uses. Principal permitted uses and structures for each zoning district are listed in Table 111-73 "Table of Permitted Uses." In some instances, additional requirements and limitations on principal uses and structures are contained in the individual sections addressing each zoning district in this chapter or are separately addressed under article VII of this chapter.

(b)

Accessory structures. Accessory uses and structures may be permitted in each zoning district in accordance with Table 111-73 "Table of Permitted Uses" and as provided in the standards of articles V and VII of this chapter.

(c)

Development standards. Property may be developed in accordance with Table 111-129, and article VII of this chapter.

(d)

Supplemental standards. Certain uses may be permitted in each zoning district as provided in the standards of article VII of this chapter.

(e)

Zoning districts. The city is hereby divided into 13 zoning districts. There is one agricultural zoning district (A-G), five residential districts (R-15, R-12, R-M, R-I, R-P), four commercial or mixed use districts (TC-C, G-W, G-C, N-C), one planned development district (P-D), and two industrial districts (M-1, M-2).

(1)

A-G Agricultural District.

a.

Purpose. The purpose of the A-G district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per two acres.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(2)

R-15 Residential Single-Family District (formerly R-1).

a.

Purpose. The purpose of the R-15 district is to provide for single-family detached residential uses on lots with a minimum of 15,000 square feet.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(3)

R-12 Residential Single-Family District (formerly R-2).

a.

Purpose. The purpose of the R-12 district is to provide for single-family detached residences on moderately sized lots with a minimum of 12,000 square feet.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(4)

R-M Residential Mixed Family District (formerly R-3 and R3-MH).

a.

Purpose. The purpose of the R-M district is to provide for a balanced mix of single-family detached, single-family attached, duplex and multifamily housing on moderately sized lots.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(5)

R-I Residential Infill District (Gaskin Avenue historic district).

a.

Purpose. The purpose of the R-I district is to encourage redevelopment, infill development, small business development, affordable housing, historic preservation and restoration, and to promote stability within areas such as the Gaskin Avenue community by providing standards and development incentives that are not otherwise available. This chapter provides development incentives, allows for the replications of historic buildings and calls for historically relevant, durable construction, which is harmonious with the architectural heritage of the area.

b.

Permitted uses.

1.

See Table 111-73.

2.

Telecommunication facilities may only be permitted as stealth telecommunication facilities which do not exceed 45 feet in height or which are constructed as part of an existing architectural feature or tower structure provided its total height does not exceed 120 percent of the height of the architectural feature or structure.

c.

Additional development standards.

1.

Procedures for application.

(i)

Pre-application meeting. Before beginning any new construction, substantial renovation, or demolition on private or public land, a pre-application meeting with the community development department shall be held to include the applicant and the community development director to determine the applicability of these standards.

(ii)

Preliminary development review. After the pre-application meeting, a preliminary design review may be requested by the community development director to include a conceptual site plan and floor plans and elevations. A nonbinding preliminary written response of the community development director may be requested by the applicant.

(iii)

Application. After the pre-application meeting and the preliminary design review, if any, an application for development shall be submitted to the community development department in accordance with the provisions below. Applications for development permits, excluding interior finishes, within the residential infill district shall meet the requirements of this chapter. Completed applications shall include a general location map, legal description, map of existing vegetation/landscaping, proposed construction activities and design, building plans, front, rear, and side architectural elevations, floor elevations, documentation related to streets, parking, and loading, tree removal and protection, landscaping, signs, exterior color choices, and any other documentation as required by the community development director in order to demonstrate compliance with the provisions of the residential infill district.

(iv)

Application review and approval. The application, in addition to the standard review and approval procedure for the specific type of development proposal, shall be reviewed and approved by the design review committee (DRC) prior to review and recommendation by the community development director and/or planning commission and/or city council.

(v)

Amendment of development plan. Any amendment to the development plan shall be reviewed and approved by the design review committee prior to final approval by city council.

2.

Accessory buildings.

(i)

Accessory buildings may be one or two stories if combined with a garage and shall be located behind the rear facade of the building and shall be subject to a minimum five-foot side and rear yard setback from the property line. Two-story accessory buildings shall have a minimum rear yard setback of no less than ten feet. On corner lots the side setback shall be ten feet. There shall not be less than five feet separation between an accessory building and the principal building. One-story accessory buildings shall not exceed 12 feet in height, two-story accessory buildings shall not exceed 25 feet in height.

(ii)

An accessory building may be used for a single detached accessory dwelling unit providing the following requirements are met:

A.

It is located on the same lot as a single-family detached home.

B.

A detached accessory dwelling unit shall not exceed one story in height, but the unit may be located on a second story if the first story is utilized as a garage or storage facility.

C.

The accessory dwelling unit shall contain one full bath and kitchen facilities.

D.

The accessory unit shall use the same street address as the primary dwelling unit.

(iii)

Fences located in the front yard shall have a maximum height of four feet along the front and side property lines to the front facade of the principal building. Along the side property lines behind the front yard and along the rear property line a fence may be six feet in height.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements.

1.

Except as otherwise provided below, required off-site parking shall comply with Table 111-139.

Single-family 1 space per unit
Duplex 1 space per unit
Multifamily 1 space per unit
Retail sales and service 1 space per 300 square feet of floor space
Bed and breakfasts 0.5 spaces per unit/room
Professional office (excluding medical) 1 space per 350 square feet of floor space
Restaurants and bars 1 space per four seats

 

2.

On-street parking, constructed to city Code, may be used to off-set the required number of parking spaces. Such parking shall abut the proposed development, shall meet sound design standards, and shall be constructed at the cost of the applicant for development.

3.

Historic buildings shall receive a parking credit for the existing use and shall provide at least 50 percent of the required parking on the site.

4.

Modifications to the parking design standards.

(i)

Where alleyways are located along the side or rear property lines, said alleyways may be used as the required back-up dimension for parking spaces.

(ii)

For developments requiring eight or fewer parking spaces, parking areas may be constructed with mulch, gravel, turf blocks, paver blocks, or other alternative materials approved by the community development director or other appropriate department head. Additional maintenance requirements may be required of a developer utilizing such alternative materials such as daily sweeping of gravel, mulched areas maintained at a certain depth, etc.

(iii)

Up to two required parking spaces may be provided as stacked spaces, where one parking space is located behind the other.

(iv)

Boats, campers, and recreational trailers shall be parked in rear yard setbacks only and shall not be parked in vistas.

f.

Landscaping requirements. See Table 111-142.

(6)

R-P Residential/Professional District (new, includes institutional).

a.

Purpose. The purpose of the R-P district is to provide for areas in which residential, professional, educational and institutional uses can be compatibly mixed while maintaining a safe and healthy living environment for the residents of that district. Limited accessory retail use is also permitted, but only as accessory uses within the same building. Primary retail uses are not permitted in the R-P zoning district. This district may serve as a transition between less intense residential and more intense commercial or industrial districts.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(7)

N-C Neighborhood Commercial District (formerly neighborhood business district B-3).

a.

Purpose. The purpose of the N-C district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small geographic area and that are intended to serve the population in surrounding neighborhoods.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(8)

TC-C Town Center Commercial District (formerly central business district (B-1), downtown development area, town center overlay district, parts of U.S. 441 corridor overlay district).

a.

Purpose.

1.

The purpose of the TC-C district is to encourage redevelopment, historic restoration, and infill development, and generally to promote a sense of place within the downtown and surrounding area by providing standards and development incentives that are not otherwise available. This includes the promotion of traditional building types with arcades, balconies, railings, and porches and the enabling of social interaction on downtown streets. This mixed use downtown type district provides for building alignments to define coherent streets spaces, the possible location of outbuildings at the rear of lots for affordable housing, the visual protection of the streetscape from parking lots, as well as traditional durable construction which is harmonious with the architectural heritage of downtown. The TC-C district is distinguished from other zoning districts by the following criteria:

(i)

Stores and work places are located in proximity to each other;

(ii)

Buildings are modestly sized, front on streets and are aligned with streets in an orderly fashion, uninterrupted by street front parking lots;

(iii)

Green spaces and parks dedicated to collective social activity, recreation and visual enjoyment are interspersed throughout the area;

(iv)

Civic buildings for assembly and other civic purposes are placed to act as landmarks and symbols of identity within the community;

(v)

A recognizable, functionally diverse, visually unified commercial center is aligned with traditionally important crossroads.

2.

The provisions in these standards shall apply to development within the town center commercial district. The architectural standards and regulations below shall apply to new construction, to substantial renovation (which affects more than 50 percent of the facade of a building) and to building exterior refinishing.

b.

Permitted uses.

1.

See Table 111-73.

2.

Telecommunication facilities may only be permitted as stealth telecommunication facilities which do not exceed 45 feet in height or which are constructed as part of an existing architectural feature or tower structure provided its total height does not exceed 120 percent of the height of the architectural feature or structure.

3.

Residential uses.

(i)

Residences are allowed within the TC-C above the first story of a commercial structure.

(ii)

Residential accessory uses are allowed.

c.

Changing of uses.

1.

A residential use may change to another residential use of equal or less density.

2.

A commercial use may change to any other commercial use listed as permitted in Table 111-73 in the TC-C district of equal or less intensity.

3.

A residential use may not convert to a residential use with more density and a commercial use may not convert to a commercial use of more intensity without review and approval from the community development director and/or planning commission and/or the city council.

4.

Public/semi-public used or zoned lands may change to other uses only upon review and approval of the design review committee and city council.

5.

Prohibited uses.

(i)

Prisons, detention centers or halfway houses.

(ii)

Manufactured homes/mobile homes.

(iii)

Outdoor storage.

(iv)

Pet stores.

(v)

Storefront churches.

(vi)

Modular or industrialized pre-fabricated buildings.

(vii)

Adult entertainment oriented businesses.

d.

Prohibited uses in front yard.

1.

Clothes lines and other clothes drying apparatus.

2.

Electrical meters.

3.

Air conditioning equipment, including window units on the building facade.

4.

Antennas and satellite dishes.

5.

Fences greater than four feet in height.

6.

Stockade fences at any height.

e.

Additional development standards.

1.

Procedures for application.

(i)

Pre-application meeting. Before beginning any new construction, substantial renovation, or demolition on private or public land, a pre-application meeting with the community development department shall be held to include the applicant and the community development director to determine the applicability of these standards.

(ii)

Preliminary development review. After the pre-application meeting, a preliminary design review may be requested by the community development director to include a conceptual site plan and floor plans and elevations. A nonbinding preliminary written response of the community development director may be requested by the applicant.

(iii)

Application.

A.

After the pre-application meeting and the preliminary design review, if any, an application for development shall be submitted to the community development department in accordance with the provisions below. Applications for development permits, excluding interior tenant finishes, within the town center commercial district, shall meet the requirements this chapter.

B.

Completed applications shall include a general location map, legal description, map of existing vegetation, proposed development activities and design, building plans, front, rear, and side architectural elevations, floor elevations, documentation related to streets, parking, and loading, tree removal and protection, landscaping, signs, exterior color choices, and any other documentation as required by the community development director in order to demonstrate compliance with the provisions of the town center commercial district.

(iv)

Application review and approval. The application, in addition to the standard review and approval procedure for the specific type of development proposal, shall be reviewed and approved by the design review committee prior to review and recommendation by planning commission and/or city council. A development application in the town center commercial district shall be approved only upon a finding that the following standards have been met:

A.

The proposed use is appropriate for the specific site;

B.

No factual evidence is presented to show that the proposed use will adversely affect the value of adjacent properties; and

C.

The proposed use shall not create any undue nuisance or hazard, either to the community or to the pedestrian and vehicular flow.

(v)

Amendment of development plan. Any amendment to the development plan shall be reviewed and approved by the design review committee prior to final approval by city council or the community development director.

2.

Principal building placement.

(i)

The front building facade shall be constructed parallel to the street along the front property line. Similar building and use types of similar intensities are to locate either abutting each other or facing each other.

(ii)

Buildings shall continue and maintain the existing spacing pattern on the street.

3.

Location of accessory buildings. Accessory buildings shall be located behind the rear facade of the principal building or in the rear one-half of the property subject to a minimum five-foot side and rear yard setback from the property line. On corner lots the side setback shall be ten feet. There shall not be less than five feet separation between an accessory building and a principal building.

4.

Setbacks.

(i)

The maximum front setback of new construction should be similar to the average setbacks of existing adjacent buildings.

(ii)

The front street facade of a building may be set back to form a public courtyard.

(iii)

The front street facade of the principal building shall not be less than 80 percent of the lot width. A 12-foot driveway may be allowed if no alley access is available in the rear or side of the lot.

(iv)

The side setback may be zero feet.

(v)

The rear setback may be zero feet.

5.

Principal building height. The maximum building height is three stories and 35 feet. No structure shall exceed 35 feet in height except upon approval of the city fire department and except those structures such as church steeples, belfries, cupolas, bell towers or flag poles.

6.

Architectural requirements. All the following architectural standards shall apply to new construction, to substantial renovation, and to building exterior refinishing:

(i)

Lot sizes. Lot sizes should be kept consistent with the surrounding pre-existing lot dimensions to provide for harmony in scale and help to retain the general development pattern of the community.

(ii)

Scale. A building's scale is the proportion of the structure relative to neighboring buildings, and to the general surroundings, including pedestrians.

A.

Number of stories. The number of stories shall be an average of adjacent buildings.

B.

Floor elevation. The first floor elevation and subsequent interior floor elevations of new construction shall average that of the adjacent building where possible.

C.

Cornice line. The height of the cornice line of a new building shall be consistent with the cornice line of the adjacent buildings.

(iii)

Facades. Any new development, new construction, and substantial renovation shall be compatible with surrounding properties in terms of formal characteristics such as height, massing, roof shapes and window proportions. All developments shall incorporate a minimum of four of the following building design standards:

A.

Overhangs.

B.

Arcades.

C.

Sculptured artwork and/or fountains.

D.

Raised cornice parapets over doors.

E.

Display windows.

F.

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design.

G.

Clock or bell towers.

H.

Peaked roof forms.

I.

Decorative light fixtures.

J.

Decorative landscape planters or planting areas, a minimum of five feet in width, and areas for shaded seating consisting of a minimum of 100 square feet.

K.

Integration of specialty pavers, or stamped, colored concrete along the building's walkway to constitute a minimum of 60 percent of walkway area.

L.

Water elements, a minimum of 50 square feet in area.

M.

Courtyards along the front building facade.

(iv)

Roofs.

A.

Materials. Roofs are of asphalt shingle, tin or built up.

B.

Manner.

a)

Roofs shall be of consistent style with those of other similar uses in the district.

b)

Flat roofs shall be hidden from public view by a parapet or railing.

c)

Intrusive modern conveniences such as solar panels, skylights, ventilation wind turbines, satellite dishes and antennas also shall be hidden from public view.

d)

For buildings which are located not more than five feet from the front property line, gutters must be shielded and may not drain onto the surface of public sidewalks. Gutters may be enclosed within a column or other architectural feature.

(v)

Windows and doors. Any new construction, exterior refinishing and substantial renovation shall adhere to the historic nature of the windows and doors on existing adjacent buildings.

A.

Materials.

a)

Glass.

1)

Clear, stained, leaded or beveled.

2)

On the side and rear elevations, translucent glass may be used.

3)

Tinted glass may be used; however, in no case shall a street side display window be of tinted glass other than to meet current energy efficiency codes.

b)

Frames.

1)

Painted and stained wood.

2)

Aluminum.

3)

Steel.

c)

Flat skylights in sloped roofs.

B.

Configurations.

a)

Square and vertical rectangular.

b)

Circular and semicircular.

c)

Octagonal and diamond.

C.

Operations.

a)

Single and double hung.

b)

Casement.

c)

Fixed with frame.

d)

Awning windows.

e)

On side and rear elevations, sliders may be used.

f)

Jalousie windows are prohibited, except as replacement windows to maintain historical character.

D.

Options.

a)

Screened windows and doors.

b)

Operable wood shutters.

c)

Fabric awnings.

d)

Screened windows and doors.

e)

Security grills of a pattern approved by the architectural design review board.

(vi)

Construction materials. The majority of the buildings within the TC-C district are made of brick or cast cement block. Any new construction and substantial renovation within the district shall be of masonry. Texture shall be generally subtle and compatible with the adjacent buildings.

(vii)

Location of main entrances. The primary building entrances for establishments in the town center commercial district shall open to the front of the sidewalk.

(viii)

Building illumination.

A.

Lights attached to buildings shall be in keeping with the period of the individual building.

B.

Lights shall be attached to the building via wall brackets.

C.

Light fixtures should be made of brass, copper or painted steel with clear lenses.

D.

Neon exposed lighting on any property is prohibited.

(ix)

Accessory buildings. Accessory buildings permitted within the town center commercial district shall be constructed of the same materials used in the principal building. Accessory buildings may include fountains, barbecues, pavilions, arbors, detached garages and carports, greenhouses, pool and pool equipment structures, cabanas and detached garage apartments and granny flats. Canvas structures are not permitted. Accessory buildings shall conform to the following requirements:

A.

Only one accessory building per principle building is permitted.

B.

Accessory buildings shall not exceed a maximum building footprint of 1,000 square feet and a maximum gross floor area of 2,000 square feet.

C.

Accessory buildings shall not exceed 35 feet in height and may not exceed the height of the principal building on the same property.

D.

Accessory buildings may be connected to the principal building by a covered walkway element, trellis, or other structural link, which shall not be enclosed so as to create occupiable space.

(x)

Sidewalks. When a permit for new construction or substantial renovation is issued, the owner shall be responsible for the installation of a minimum five-foot-wide, continuous sidewalk along the entire length of the parcel that abuts a public street.

(xi)

Signs. All signage in the town center commercial district shall comply with the sign standards in article X of this chapter, with the following exceptions:

A.

Backlit sign panels and internally illuminated cabinet signs shall be prohibited.

B.

Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building and with other signs used on the building size.

(xii)

Building codes. All buildings and structures within the town center commercial district shall comply with all applicable city, county, state and federal building and safety codes as may be adopted by the city or as may otherwise be in effect in the city.

f.

Lot size and dimensional requirements. See Table 111-129.

g.

Parking and loading requirements.

1.

On-street parking is generally permitted along all streets. Where practical, head-in parking shall be required.

2.

Off-street parking spaces shall be provided in accordance with article V of this chapter, except as follows:

Residential uses 1½ spaces per unit
Bed and breakfast 1 space per unit (guest room)
Retail sales and service 1 space per 300 square feet of floor space
Professional office (excluding medical) 1 space per 350 feet of floor space
Restaurants and bars 1 space per four seats

 

3.

On-street parking, constructed to city Code, may be used to off-set the required number of parking spaces. Such parking shall abut the proposed development so that it is geometrically possible, and the cost of the pavement modifications shall be borne by the private development. An approved permit from the city commission is required for such on-street parking.

4.

Historic buildings shall receive a parking credit for the existing use and shall provide at least 50 percent of the required parking on the site.

5.

Modifications to the parking design standards.

(i)

Where alleyways are located along the side or rear property lines, said alleyways may be used as the required back-up dimension for parking spaces.

(ii)

For developments requiring eight or fewer parking spaces, parking areas may be constructed with mulch, gravel, turf blocks, paver blocks, or other alternative materials approved by the community development director or other appropriate department head. Additional maintenance requirements may be required of a developer utilizing such alternative materials such as daily sweeping of gravel, mulched areas maintained at a certain depth, etc.

(iii)

Up to two required parking spaces may be provided as stacked spaces, where one parking space is located behind the other.

(iv)

Boats, campers, and recreational trailers shall be parked in rear yard setbacks only and shall not be parked in vistas.

6.

Parking lots with ten or more spaces shall be planted with at least one tree per ten spaces, no smaller than three inches caliper DBH (trunk diameter four feet from the ground). Each tree shall be surrounded by no less than 16 square feet of permeable, unpaved area. Screening shall consist of a landscaped area at least six feet wide, densely planted with a mixture of deciduous and evergreen trees and shrubs, and shall create an effective visual barrier.

7.

Bicycle parking. All uses other than single-family and two-family residential uses that are required to provide off-street parking shall provide bicycle parking facilities at a ratio of at least one bicycle parking space for every 20 automobile parking spaces. No such development shall have fewer than three bicycle parking spaces, nor be required to exceed a maximum of 25 bicycle parking spaces. Bicycle spaces shall be located with 50 feet of the principal building entrance. Each bicycle space shall include a metal anchor sufficient to secure the bicycle frame using a user-supplied lock.

h.

Landscaping requirements.

1.

All development in the town center commercial district shall comply with the landscaping requirements as described in article V of this chapter, with the following exceptions:

(i)

The width of landscape buffers shall be determined by the required side and rear setbacks and buffer screens shall be 25 percent of those setbacks.

(ii)

The width of the landscaped strip of land located between parking areas and an abutting public right-of-way shall be the required setback for parking areas.

(iii)

The width of the landscaped area located along the sides of a building, which abuts any parking area, shall be 2½ feet.

(iv)

The width of the landscaped area located along the sides of a multifamily building, which abuts any parking area, shall be five feet.

(v)

The street facade of a building shall contain potted plants or trees planted in the public right-of-way and shall be placed in a continuous sidewalk. The dimensions for such landscape materials shall comply with section 111-142.

(vi)

Terminal and interior islands within parking areas may be used for stormwater retention.

2.

In the case of substantial renovation construction and where the location of required landscaping is precluded by existing buildings or permanent site improvements, the placement of landscaping may occur off-site, in planters, in openings within paved areas, or in other locations as determined by the community development director.

(9)

G-C General Commercial District (formerly general business district B-2 and roadside business district B-4).

a.

Purpose. The purpose of the G-C district is to provide and protect an environment for a wide variety of commercial uses for the various types of community and regionally oriented commercial activities including retail and wholesale that serve a large sector of the population. G-C districts are intended to be located along major arterial streets and at locations that are appropriate for larger or more intense commercial businesses.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(10)

G-W Gateway District (formerly gateway east and west corridors and part of U.S. 441 gateway corridor overlay districts).

a.

Purpose. The purpose of the G-W district is to provide and protect an environment for a wide variety of higher intensity commercial activities including retail and wholesale that serve a large sector of the population while still maintaining a pedestrian friendly environment. The G-W districts occur along both sides of the Hwy 32 and Hwy 441 corridors as they traverse the city and serve as the entryways into the historic center of the city. This district sets higher standards for the architectural appearance, but also allows for functionality, highway orientation, roadway capacity and safety.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards.

1.

Procedures for application.

(i)

Pre-application meeting. Before beginning any new construction, substantial renovation, or demolition on private or public land, a pre-application meeting with the community development department shall be held to include the applicant and the community development director to determine the applicability of these standards.

(ii)

Preliminary development review. After the pre-application meeting, a preliminary design review may be requested by the community development director to include a conceptual site plan and floor plans and elevations. A nonbinding preliminary written response of the community development director may be requested by the applicant.

(iii)

Application. After the pre-application meeting and the preliminary design review, if any, an application for development shall be submitted to the community development department in accordance with the provisions below. Applications for development permits, excluding interior tenant finishes, within the gateway district, shall meet the requirements of this chapter. Completed applications shall include a general location map, legal description, map of existing vegetation, proposed development activities and design, building plans, front, rear, and side architectural elevations, floor elevations, documentation related to streets, parking, and loading, tree removal and protection, landscaping, signs, exterior color choices, and any other documentation as required by the community development director in order to demonstrate compliance with the provisions of the gateway district.

(iv)

Application review and approval. The application, in addition to the standard review and approval procedure for the specific type of development proposal, shall be reviewed and approved by the design review committee prior to review and recommendation by planning commission and/or city council.

(v)

Amendment of development plan. Any amendment to the development plan shall be reviewed and approved by the design review committee prior to final approval by city council.

2.

Principal building placement.

(i)

Minimum height of facades shall be 18 feet. The maximum height is three stories and 35 feet.

(ii)

Street orientation of buildings. The front building facade shall be constructed parallel to the street along the front property line. All buildings shall provide attractive, safe, and convenient pedestrian access from the sidewalk to the building entrance.

(iii)

Trash receptacles, utility devices, mechanical equipment, outdoor storage, and loading docks shall only be located in rear yards and completely screened from view.

3.

Accessory building placement. Accessory buildings shall be located behind the rear facade of the principal building or in the rear one-half of the property subject to a minimum five-foot side and rear yard setback from the property line. On corner lots the side setback shall be ten feet. There shall not be less than five feet separation between an accessory building and the principal building.

4.

Design standards.

(i)

Residential buildings. Single-family and two-family residential buildings shall be consistent with the architectural style typical of the residential character of the city. All buildings shall have pitched roofs with a minimum 6:12 slope and shall use at least two of the following design features:

A.

Dormers.

B.

Gables.

C.

Pillars.

D.

Posts.

E.

Covered front porch.

F.

Bay windows.

(ii)

Articulation.

A.

No new building or group of attached buildings shall exceed a total building length of 300 feet without approval from the design review committee.

B.

The building facade and massing shall be subdivided into a pleasing composition of building forms that incorporate changes in building facades, massing, and direction, multiple roof planes, recessed entrances, towers, cupolas, dormers, and other features that provide visual interest. All architectural elevations shall be approved by the design review committee following a determination that the facade of the proposed development or buildings is compatible with the architectural character of surrounding properties.

C.

All construction shall be completed in accordance with the approved architectural elevation. No certificate of occupancy shall be issued unless all exterior building facades are completed in accordance with the approved architectural elevations.

(iii)

Building materials.

A.

Building exteriors shall not be finished in metal siding, exposed concrete masonry units or exposed concrete where visible from the street or sidewalk in either front or side yards. Textured, split-faced or ribbed concrete masonry units, drive-it (EIFIS) or stucco may be permitted with approval by the design review committee.

B.

Chainlink fence, barbed wire and razor wire is prohibited.

5.

Street connectivity.

(i)

Grid of inter-connected public streets. New development shall incorporate a grid of inter-connected public streets.

(ii)

Driveway location.

A.

Along major collectors, driveways shall not be located closer than 75 feet from an intersecting street.

B.

Along side streets, driveways shall not be located closer than 35 feet from the intersection.

C.

Properties with less than 200 feet of frontage on the major roadway shall be permitted no more than one curb on the major roadway.

D.

Properties having more than 200 feet of frontage on the major roadway may have up to one additional curb cut on the major roadway, to be no closer than 100 feet from the first driveway.

E.

Lots with more than one street frontage may have one curb cut on the principal frontage and one additional curb cut on each secondary street. Such corner lots are encouraged to provide additional access from secondary streets through an access road or easement placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street. Such parallel access road shall be placed in the rear yards of buildings facing the major thoroughfare.

F.

Inter-parcel access is required for all developments except single-family and two-family dwellings. Each new development, except for single- and two-family residences, shall provide appropriate cross-access driveways connecting to adjacent lots.

G.

Interior lots are encouraged to seek additional access from secondary streets through a secondary access road or alley placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street.

H.

Curb cuts and driveways for properties having less than 200 feet of frontage shall not be permitted when access may be provided from a new interior street, a side street or a rear street.

I.

The community development director may require a common or joint driveway for adjacent lots when such lots have common ownership.

(iii)

Sidewalks.

A.

Public sidewalks are required.

B.

Sidewalks at least five feet in width shall be located along both sides of a street or as recommended by GDOT and shall be constructed per ADA guidelines.

C.

Sidewalks shall be located at least five feet from the back of the curb, where curb and gutter exists, or at least ten feet behind the edge of paving, where drainage swales or ditches are provided adjacent to the roadway.

D.

Sidewalks shall be separated from the roadway by a planted strip no less than five feet in width.

E.

New sidewalks shall be aligned with existing sidewalks and shall include appropriate transitions where necessary to make a continuous alignment between existing and new sidewalks.

F.

Sidewalks of variable width and alignment may be permitted by the community development director when necessary to preserve an existing tree or to align with an existing sidewalk.

G.

Each building or complex of buildings shall provide sidewalks or other marked pedestrian connections through parking lots to adjacent buildings. Such pedestrian access shall minimize conflicts with automobiles by such means as sidewalks, textured pavers, signage, bollards, and/or painted crosswalks.

(iv)

Utilities. All utilities shall be located underground except where the community development director and city engineer determine that underground utilities are infeasible because of unique geologic or hydrologic conditions on the site.

6.

Signs. No sign on a parcel shall be higher than the roofline of the principal structure on the parcel.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements.

1.

See Table 111-139.

2.

Bicycle parking. All uses other than single-family and two-family residential uses that are required to provide off-street parking shall provide bicycle parking facility at a ratio of at least one bicycle parking space for every 20 automobile parking spaces. No such development shall have fewer than three bicycle parking spaces, nor be required to exceed a maximum of 25 bicycle parking spaces. Bicycle spaces shall be located with 50 feet of the principal building entrance. Each bicycle space shall include a metal anchor sufficient to secure the bicycle frame using a user-supplied lock.

f.

Landscaping requirements.

1.

See Table 111-142.

2.

The strip of land between the front building facade and the front property line shall be landscaped with a combination of trees, hedges, shrubs, vines, grass and ground cover as described in article V of this chapter. All newly planted trees shall be sprinklered until safely established and all trees that die within one year of planting shall be replaced.

3.

Street trees shall not be planted closer than 25 feet from the curb line of intersecting streets or driveways and not closer than ten feet from fire hydrants, street lights, traffic signs, or other existing trees.

(11)

P-D Planned Development District.

a.

Purpose. The purpose of the PD district is to achieve development of superior quality through the encouragement of flexibility and creativity in design options that:

1.

Permit creative, responsible and sustainable approaches to the development;

2.

Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs;

3.

Allow design options that encourage an environment of stable character compatible with surrounding land uses; and

4.

Permit the enhancement of neighborhoods through the preservation of natural and/or cultural features, and the provision of recreation areas and open space.

b.

Permitted uses.

1.

Any combination of residential uses allowed in the present R-15, R-12, R-M, and R-I zoning districts.

2.

Any combination of residential uses and commercial uses allowed in the present R-15, R-12, R-M, R-I, R-P, N-C, G-C, and G-W zoning districts providing the parcel abuts comparable zoning on at least two sides. The requirement that the parcel abut property with comparable zoning on at least two sides may be waived by the city commission after a public hearing and due consideration by the commission. The requirement shall not be waived unless the commission makes specific findings that the proposed project is consistent with the purpose and intent of this art; that it promotes the welfare of the people of the city, and that the project is otherwise of suitable character and compatible with its surroundings.

3.

Residential uses not specifically set forth in any of the standard zoning districts, but which are compatible and of like nature and quality to those residential uses allowed in R-15, R-12, R-M, and R-I zoning districts.

4.

Commercial uses not specifically set forth in any of the standard zoning districts, but which are compatible and of like nature and quality to those residential uses allowed in R-P, N-C, G-C, and G-W zoning districts.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards.

1.

See Table 111-129.

2.

The net density and intensity for a planned development (PD) shall not exceed those densities and intensities set forth in Table 111-129, unless a density bonus has been granted by the city commission as part of a planned development approval.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(12)

M-1 Wholesale/Light Industrial District.

a.

Purpose. The purpose of the M-1 district is to provide and protect an environment that is suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust or other offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with light industrial surroundings.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(13)

M-2 Industrial District.

a.

Purpose. The purpose of the M-2 district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other nonresidential uses as may be necessary to and compatible with heavy industrial surroundings.

b.

Permitted uses. See Table 111-73.

c.

Additional development standards. See article VII of this chapter.

d.

Lot size requirements and dimensional standards. See Table 111-129.

e.

Parking and loading requirements. See Table 111-139.

f.

Landscaping requirements. See Table 111-142.

(Code 1993, pt. III, ch. 3, § 2)

Sec. 111-73. - Table of permitted uses.

(a)

The uses listed in Table 111-73 shall be permitted only in the zoning district where the uses are listed, and only in the manner so listed. No use shall be permitted and no structure associated with such use shall be constructed, altered or enlarged unless the use is permitted as one of the following:

"P": A permitted use in the zoning district.

(b)

Any use not listed with the letter P in a particular zoning district shall be prohibited in that zoning district, unless it is a nonconforming use lawfully established prior to the effective of the regulation that rendered it nonconforming.

(c)

Public utilities shall be allowed in all zoning districts within the city in order to serve the public health, safety, and welfare. Such use shall only be approved after a public hearing is held to the proposed public utility. Utility stations shall comply with applicable design standards in order to blend in with other adjacent land uses.

(d)

Public parks shall be allowed in all zoning districts within the city in order to serve the public health, safety and welfare.

(e)

Specific site design and development standards are contained in articles V and VII of this chapter.

(f)

Any use listed with a "yes" in the column headed by the words "Suppl. Reg?" shall satisfy the applicable supplemental use standards as shown in chapter 7, in addition to the development regulations of the district in which it is located as shown in chapter 5.

      Table 111-73. Table of Permitted Uses

P—Permitted Use; Y—Supplemental Standards; Blank—Not allowed

Uses Suppl. Reg? A-G R-15 R-12 R-M R-I R-P N-C G-C TC-C G-W P-D M-1 M-2
Agricultural
Agricultural and farm operations (crops, livestock and specialties) P
Agricultural manufacturing (such as chemicals, food and similar products, lumber and wood products except furniture) P
Agricultural processing, sales, indoor and outdoor storage P
Agricultural services P
Agricultural retail (such as farm equipment and related accessories, road side farm stand) P
Commercial greenhouse P
Forestry P
Kennels P
Plant nurseries P
Riding stables Y (min. acreage) P
Residential
Single-family P P P P P P P
Two-family (duplex) Y (R-12) P P P P P
Halfway house Y P P P P
Multifamily P P P P P
Manufactured home Y P P
Manufactured home park
Modular home Y P P P P P P
Guest house/mother-in-law apartment
Townhome P P
Loft P P
Institutional
Colleges and universities, public or private P
Family personal care homes Y P P P
Group care homes Y P P
Government and civic buildings including library, museum and other cultural facilities P P P P P P P P
Police, fire, EMS P P P P P P P P P
Postal services P P P
Recreational facilities P P P
Religious facilities Y P P P P P P P P P
School, public or private (pre K—12) P P P P P P P P P
School, business/vocational P P P P P
Commercial
Adult entertainment uses Y
Alcohol and liquor stores P P
Amusement arcade; theme park Y
Animal hospital (including emergency) Y (RP) P P P P P
Animal shelter and kennels Y P P P
Automobile, truck and other motor vehicle sales and service P P P
Bait and tackle P P
Bed and breakfast lodging Y P P P P P
Building materials and supply store Y P P
Business services such as mailing, copying, printing P P
Cemeteries (human, pet) Y P P P P P P P P P P P P P
Car washes Y P P P

 

Uses Suppl. Reg? A-G R-15 R-12 R-M R-I R-P N-C G-C TC-C G-W P-D M-1 M-2
Club, lodge or other similar noncommercial association Y P P P P P P
Commercial recreation (such as billiard halls, bowling alley, roller skating ring) Y P P P
Convenience store P P P P
Day care center Y P P P P P P
Dry cleaner P P P
Department store P P
Farmer's market P P P
Flea market Y P P
Financial institutions P P P P P
Freight and moving company P P
Funeral home P P P P P
Gasoline service station Y P P P P P P
Golf club with course P P P P
Grain, seed and farm supply store P P P
Grocery store P P P
Home occupation Y P P P P P P
Hospital P P P P
Hotel, motel P P P
Indoor gun range Y P P P P P
Outdoor gun range Y P P
Laundromat P P
Lounge, bar, nightclub P P P
Medical and dental clinic P P P P
Medical and research laboratories P P P P
Mini-storage/self-storage P P P P
Mobile food vendors Y P P P P P P
Mobile vendors Y P P P P P
Movie rental P P P P
Nursing home P P P P
Outdoor recreation (such as miniature golf) P P
Parking garage P P
Personal services (such as beauty shop, barber, massage, shoe repair, travel agency) P P P P
Pop-up markets P P P P
Professional offices (such as accountant, lawyer, realtor, engineer, architect, surveyor, tax return, detective) P P P P P
Restaurant P P P P P
Retail stores up to 2,500 square feet (such as clothing, furniture, food stores, drug stores) (no outdoor storage) P P P P
Retail stores (general retail, no size limitation, such as drug stores, sporting goods, hobby, toy and games, miscellaneous retail) (no outdoor storage) P P
RV park and campground Y P
Small appliance or equipment repair shop P P P
Specialty retail (such as small gift shops, antique stores, jewelry stores, bookstores, florists) (no outdoor storage) Y P P P P
Studios (such as arts, music, dancing, photography) P P P P P
Theaters, movie or performing arts P P P
Trades and repair services (such as electrical, heating and air conditioning, painting, plumbing) P P P
Vehicle sales (with outdoor storage such as automobile, truck, motorcycle, ATV, golf cart, boat or RV sales) P P P
Veterinary services Y (in residential) P P P P P
Industrial
Bulk storage yard P P
Construction services (including heavy equipment sales and service) P P
Fueling and fuel storage facilities P P
Heavy industrial manufacturing (with odor, noise, vibration and other nuisance impacts on adjacent properties) P
Industrialized buildings, nonresidential Y P P P
Light industrial manufacturing (do not impose undesirable noise, vibration, odor, dust or other offensive effects on the surrounding area) P P
Millwork P P
Mining P P P
Manufactured home dealers P P
Motor freight transportation and warehousing P P
Salvage operations and junkyard Y P
Scrap, waste, land clearing and yard trash recycling Y P
Warehousing (not including mini-storage) P P
Wholesale trade P P
Utility
Airport, public and private P P P
Communication tower/facility Y P P P P P
Compost facilities P
Landfill Y P P
Lift station P P P P P P P P P P P P P
Power generation plant Y (M-1) P P
Utility substation Y P P P P P P P P P P P P
Bus passenger and train station P P
Water and/or sewer plant P P

 

(Code 1993, pt. III, ch. 3, § 3; Ord. No. 11102014, 11-10-2014; Ord. No. 06062016A, 6-6-2016; Ord. No. 05282017(3), 5-8-2017; Ord. No. 10142019(3), ch. 3, § 3, 10-14-2019; Ord. No. 12272022-2, 12-27-2022; Ord. No. 04242023, 4-24-2023)