EXPIRED AND OBSOLETE ZONING DISTRICTS
(a)
R-CH (single-family cluster residential) district.
(1)
Purpose and scope. Except as provided in section 27-30, the R-CH regulations of this division remain repealed. No application or amendment to the official zoning maps shall be filed with the community development director, initiated by official action of the planning commission, or considered by the city council if such amendment or application seeks to have any lots in the city zoned R-CH. The R-CH regulations set forth in this division are codified solely for the purpose of complying with the requirements of section 27-30.
(2)
Permitted uses. Permitted uses are as follows:
a.
Accessory uses and structures:
1.
Accessory uses and structures incidental to any permitted use.
2.
Customary home occupation.
3.
Signs and outdoor advertising in accordance with the provisions of this chapter and the city's sign ordinance.
b.
Agriculture and forestry: Temporary and portable sawmills.
c.
Community facilities:
1.
Electric transformer station, gas regulator station and telephone exchange.
2.
Golf courses and clubhouses, private.
3.
Neighborhood recreation centers or swimming pools.
4.
Noncommercial club or lodge (except fraternal club or lodge).
d.
Public uses.
1.
Public utility facilities.
2.
Sewage treatment plants.
e.
Dwellings:
1.
Cluster housing subdivision.
2.
Dwelling, single-family.
3.
Dwelling, single-family attached.
4.
Mobile home, as an accessory structure to be used for security purposes.
5.
Single-family attached subdivision.
f.
Education:
1.
Private or parochial elementary and high schools.
2.
Public schools.
g.
Religious facilities:
1.
Churches and other places of worship and accessory facilities.
2.
Convent or monastery.
h.
Services, personal:
1.
Personal care home, family.
2.
Personal care home, registered.
i.
Transportation and storage: Automobile parking.
(3)
Development standards.
a.
Minimum lot area. There is no minimum lot area.
b.
Minimum lot width. There is no minimum lot width at the building setback line.
c.
Minimum yard adjacent to public street. The following are minimum requirements for yards that are adjacent to a public street:
1.
The setback from major thoroughfares shall be 20 feet.
2.
The setback from minor thoroughfares shall be 20 feet.
3.
The setback from collector streets shall be five feet.
4.
The setback from other streets shall be five feet.
d.
Minimum rear yard. There is no minimum rear yard, except that where a rear yard adjoins a project boundary, the minimum rear yard shall be 40 feet.
e.
Maximum height of structures. The maximum height of any structure shall be 35 feet.
f.
Minimum side yard. There is no minimum side yard required.
g.
Buffer. No buffer is required.
h.
Open space. The required open space is 20 percent.
i.
Minimum floor area. The minimum floor area provided shall be 1,400 square feet.
j.
Density. The maximum density shall be three units per acre.
k.
Maximum lot coverage: Lot coverage in street yards shall not exceed 35 percent. This standard shall not apply to institutional uses.
(b)
R-CD (residential community development) district.
Purpose and scope.
(1)
Except as provided in section 27-30, the R-CD regulations of this division remain repealed. No application or amendment to the official zoning maps shall be filed with the community development director, initiated by official action of the planning commission, or considered by the city council if such amendment or application seeks to have any lots in the city zoned R-CD. The R-CD regulations set forth in this division are codified solely for the purpose of complying with the requirements of section 27-30.
(2)
Permitted uses. Permitted uses are as follows:
a.
Accessory uses and structures:
1.
Accessory uses and structures incidental to any permitted use.
2.
Customary home occupation.
3.
Signs and outdoor advertising in accordance with the provisions of this chapter and the city's sign ordinance.
b.
Agriculture and forestry:
1.
Livestock and poultry.
2.
Riding stable.
3.
Temporary or portable sawmill.
4.
Pigeons.
c.
Animal care facilities: Pigeons.
d.
Community facilities:
1.
Electric transformer station, gas regulator station and telephone exchange.
2.
Golf courses and clubhouses, private.
3.
Neighborhood recreation centers or swimming pools.
4.
Noncommercial club or lodge (except fraternal club or lodge).
5.
Parks, private.
6.
Public uses.
7.
Public utility facilities.
8.
Sewage treatment plants.
e.
Dwellings:
1.
Cluster housing subdivision.
2.
Community development subdivision.
3.
Dwelling, multifamily units and apartment developments.
4.
Dwelling, single-family.
5.
Dwelling, single-family attached.
6.
Dwelling, two-family.
7.
Mobile home, as an accessory structure to be used for security purposes.
8.
Single-family attached subdivision.
f.
Education:
1.
Day nurseries and kindergartens.
2.
Private or parochial elementary and high schools.
3.
Public schools.
g.
Religious facilities:
1.
Churches and other places of worship and accessory facilities.
2.
Convent or monastery.
h.
Retail trade:
1.
Planned shopping developments, as part of a community development subdivision.
2.
Retail trade, personal services and offices, as part of a community development subdivision.
i.
Services, personal:
1.
Personal care home, family.
2.
Personal care home, registered.
j.
Transportation and storage: Automobile parking.
(3)
Development standards.
a.
Minimum lot area. The minimum lot area shall be 50 acres for residential development and 100 acres for development with NS or OI uses.
b.
Density of development and types of residential use. The maximum number of dwelling units permitted in a community development subdivision shall not exceed four and one-half dwelling units per net residential acre (total developable acreage minus that to be used for NS and OI uses as provided in this section). Not more than 40 percent of the dwelling units shall be multifamily. Not less than 60 percent of the dwelling units shall be single-family. One-half of the single-family dwelling units may be attached, but not less than one-half of the single-family lots within a cluster housing subdivision.
c.
Minimum development requirements. The minimum lot area, width, and yard requirements permitted within a community development subdivision for single-family lots, multifamily dwellings and business lots shall be as follows:
d.
Minimum floor area. The minimum floor area shall be as follows:
1.
For a single-family dwelling, 1,200 square feet.
2.
For a single-family attached dwelling, 1,000 square feet.
3.
For a two-family dwelling containing:
i.
One bedroom, 600 square feet.
ii.
Two bedroom, 750 square feet.
iii.
Three or more bedrooms, 1,050 square feet
4.
For an apartment containing:
i.
One bedroom, 650 square feet.
ii.
Two bedrooms, 800 square feet.
iii.
Three or more bedrooms, 1,000 square feet.
Notwithstanding the above minimum floor area requirements, a maximum of 20 percent of the total units constructed in any single development of more than one building may be one bedroom units having floor areas of less than 650 square feet but not less than a minimum floor area of 520 square feet.
e.
Maximum height of structures. The maximum height of any structure shall be 35 feet.
f.
Buffer. A buffer of at least 20 feet is required when the lot adjoins a developed single-family detached subdivision.
g.
Open space requirement. Not less than 20 percent of the subdivision shall be set aside for open space purposes. A homeowner's association created by the developer, by recorded covenants, declarations and restrictions running with the land, shall preserve and maintain for the use and benefit of the owners and occupants of lots and dwellings within the subdivision the lands set aside for open space, parks and recreational use. The book and page in which such covenants and declarations are recorded shall be shown on the final plat of the subdivision. Required yards, streets, drives, parking areas and other similar uses shall not be counted toward the minimum open space requirements. Not more than 50 percent of the land reserved for open space purposes shall be within a flood plain. The requirement that open space be deeded to and maintained by a homeowner's association may be waived by the city for that portion of an R-CD district in which detached single-family housing is constructed. This waiver and survey to which there is entered a covenant by the developer at the minimum open space requirement shall be applied to individual lots within the subdivision. Dedication of open space to the city may also satisfy the open space requirement.
h.
Neighborhood shopping and office-institution uses. The developer of a community development subdivision of not less than 100 acres may set aside not more than five percent of the total area for neighborhood shopping and office-institution uses permitted herein. However, retail liquor stores shall not be permitted unless these uses are housed within a planned shopping center constructed within a minimum of 10,000 square feet in a continuous façade. Not more than 50 percent of the five percent maybe reserved and developed for NS uses. When 100 or more dwelling units have been constructed within the subdivision, then NS uses may be established under the following conditions:
1.
Not more than 240 square feet of floor space for retail sales and services shall be permitted for each ten dwelling units in the subdivision. There shall be not less than four square feet of business lot area for each one square foot of permitted retail floor area. Land may be reserved for the maximum permitted retail development, but the permitted square feet of retail area may be built only as the required ratio of dwelling units has been constructed.
2.
Retail sales and services shall be constructed entirely within a wholly and permanently enclosed building or buildings, which shall be of an architectural design compatible with the residential structures within the subdivision.
3.
Outdoor storage or displays of any kind shall be prohibited.
4.
Signs shall be limited to an identification sign for each point of entry to a store. The signs shall not exceed four square feet in area, shall not be directly lighted and shall be attached flat against the face of the building.
5.
Off-street parking and loading spaces shall be provided as required by this chapter.
6.
This use shall only be placed on lots specifically designated for these purposes on the plat of the subdivision, and shall be located at least 100 feet from any residential structure. Accessory parking and loading areas shall be located at least 50 feet from any residential structure.
7.
When shopping facilities within a planned unit development subdivision contain not less than 40,000 square feet of floor area, then the development standards established by this chapter for planned shopping developments shall apply.
8.
The sides, rear or front of a lot developed for retail sales and services shall neither abut nor be across the street from property lying outside the subdivision, and shall be located at least 300 feet from any exterior subdivision property line.
9.
Office-institution development uses shall:
i.
Meet all IO district development standards and requirements.
ii.
Be limited to 300 square feet of floor space for each ten dwelling units, and not less than four square.
iii.
Area for each one square foot of floor area.
iv.
Be constructed only as the required ratio of dwelling units has been constructed.
v.
Meet all applicable requirements of this subsection except subsections (h)(1) and (h)(7) of this section.
10.
Office-institution uses permitted by this subsection shall include:
i.
Cultural facilities, including art galleries, museums, legitimate theatres, libraries and other uses similar in character to those listed.
ii.
Offices of health service practitioners, physicians, surgeons, dentists and dental surgeons, osteopathic physicians, chiropractors and other licensed practitioners similar to those listed.
iii.
Health service clinics, including a pharmacy as an accessory use.
iv.
General office uses, including sales representatives, legal services, engineering and architectural, accounting, auditing, bookkeeping, finance, real estate, insurance and others similar to those listed.
i.
Development plan. The development plan for the subdivision shall be processed in conformance with the requirements of the city subdivision regulations. The use to be made of each lot shall be marked on the plat. The plat shall also state the maximum number of dwelling units authorized for the subdivision. When approved, the final plat shall be recorded in the same manner as other subdivision plats, along with the necessary covenants and restrictions applicable to the development. In addition, a faithful reproduction of the plat shall be predominantly displayed within the subdivision until such time as the subdivision is fully developed.
j.
Private deed covenants. The subdivision shall be covered by private deed covenants running with the land which ensure its continuance in accordance with approved plans and development.
(Ord. No. 2021-09-14, § I, 9-27-2021; Ord. No. 2022-08-13, § I, 8-22-2022)
EXPIRED AND OBSOLETE ZONING DISTRICTS
(a)
R-CH (single-family cluster residential) district.
(1)
Purpose and scope. Except as provided in section 27-30, the R-CH regulations of this division remain repealed. No application or amendment to the official zoning maps shall be filed with the community development director, initiated by official action of the planning commission, or considered by the city council if such amendment or application seeks to have any lots in the city zoned R-CH. The R-CH regulations set forth in this division are codified solely for the purpose of complying with the requirements of section 27-30.
(2)
Permitted uses. Permitted uses are as follows:
a.
Accessory uses and structures:
1.
Accessory uses and structures incidental to any permitted use.
2.
Customary home occupation.
3.
Signs and outdoor advertising in accordance with the provisions of this chapter and the city's sign ordinance.
b.
Agriculture and forestry: Temporary and portable sawmills.
c.
Community facilities:
1.
Electric transformer station, gas regulator station and telephone exchange.
2.
Golf courses and clubhouses, private.
3.
Neighborhood recreation centers or swimming pools.
4.
Noncommercial club or lodge (except fraternal club or lodge).
d.
Public uses.
1.
Public utility facilities.
2.
Sewage treatment plants.
e.
Dwellings:
1.
Cluster housing subdivision.
2.
Dwelling, single-family.
3.
Dwelling, single-family attached.
4.
Mobile home, as an accessory structure to be used for security purposes.
5.
Single-family attached subdivision.
f.
Education:
1.
Private or parochial elementary and high schools.
2.
Public schools.
g.
Religious facilities:
1.
Churches and other places of worship and accessory facilities.
2.
Convent or monastery.
h.
Services, personal:
1.
Personal care home, family.
2.
Personal care home, registered.
i.
Transportation and storage: Automobile parking.
(3)
Development standards.
a.
Minimum lot area. There is no minimum lot area.
b.
Minimum lot width. There is no minimum lot width at the building setback line.
c.
Minimum yard adjacent to public street. The following are minimum requirements for yards that are adjacent to a public street:
1.
The setback from major thoroughfares shall be 20 feet.
2.
The setback from minor thoroughfares shall be 20 feet.
3.
The setback from collector streets shall be five feet.
4.
The setback from other streets shall be five feet.
d.
Minimum rear yard. There is no minimum rear yard, except that where a rear yard adjoins a project boundary, the minimum rear yard shall be 40 feet.
e.
Maximum height of structures. The maximum height of any structure shall be 35 feet.
f.
Minimum side yard. There is no minimum side yard required.
g.
Buffer. No buffer is required.
h.
Open space. The required open space is 20 percent.
i.
Minimum floor area. The minimum floor area provided shall be 1,400 square feet.
j.
Density. The maximum density shall be three units per acre.
k.
Maximum lot coverage: Lot coverage in street yards shall not exceed 35 percent. This standard shall not apply to institutional uses.
(b)
R-CD (residential community development) district.
Purpose and scope.
(1)
Except as provided in section 27-30, the R-CD regulations of this division remain repealed. No application or amendment to the official zoning maps shall be filed with the community development director, initiated by official action of the planning commission, or considered by the city council if such amendment or application seeks to have any lots in the city zoned R-CD. The R-CD regulations set forth in this division are codified solely for the purpose of complying with the requirements of section 27-30.
(2)
Permitted uses. Permitted uses are as follows:
a.
Accessory uses and structures:
1.
Accessory uses and structures incidental to any permitted use.
2.
Customary home occupation.
3.
Signs and outdoor advertising in accordance with the provisions of this chapter and the city's sign ordinance.
b.
Agriculture and forestry:
1.
Livestock and poultry.
2.
Riding stable.
3.
Temporary or portable sawmill.
4.
Pigeons.
c.
Animal care facilities: Pigeons.
d.
Community facilities:
1.
Electric transformer station, gas regulator station and telephone exchange.
2.
Golf courses and clubhouses, private.
3.
Neighborhood recreation centers or swimming pools.
4.
Noncommercial club or lodge (except fraternal club or lodge).
5.
Parks, private.
6.
Public uses.
7.
Public utility facilities.
8.
Sewage treatment plants.
e.
Dwellings:
1.
Cluster housing subdivision.
2.
Community development subdivision.
3.
Dwelling, multifamily units and apartment developments.
4.
Dwelling, single-family.
5.
Dwelling, single-family attached.
6.
Dwelling, two-family.
7.
Mobile home, as an accessory structure to be used for security purposes.
8.
Single-family attached subdivision.
f.
Education:
1.
Day nurseries and kindergartens.
2.
Private or parochial elementary and high schools.
3.
Public schools.
g.
Religious facilities:
1.
Churches and other places of worship and accessory facilities.
2.
Convent or monastery.
h.
Retail trade:
1.
Planned shopping developments, as part of a community development subdivision.
2.
Retail trade, personal services and offices, as part of a community development subdivision.
i.
Services, personal:
1.
Personal care home, family.
2.
Personal care home, registered.
j.
Transportation and storage: Automobile parking.
(3)
Development standards.
a.
Minimum lot area. The minimum lot area shall be 50 acres for residential development and 100 acres for development with NS or OI uses.
b.
Density of development and types of residential use. The maximum number of dwelling units permitted in a community development subdivision shall not exceed four and one-half dwelling units per net residential acre (total developable acreage minus that to be used for NS and OI uses as provided in this section). Not more than 40 percent of the dwelling units shall be multifamily. Not less than 60 percent of the dwelling units shall be single-family. One-half of the single-family dwelling units may be attached, but not less than one-half of the single-family lots within a cluster housing subdivision.
c.
Minimum development requirements. The minimum lot area, width, and yard requirements permitted within a community development subdivision for single-family lots, multifamily dwellings and business lots shall be as follows:
d.
Minimum floor area. The minimum floor area shall be as follows:
1.
For a single-family dwelling, 1,200 square feet.
2.
For a single-family attached dwelling, 1,000 square feet.
3.
For a two-family dwelling containing:
i.
One bedroom, 600 square feet.
ii.
Two bedroom, 750 square feet.
iii.
Three or more bedrooms, 1,050 square feet
4.
For an apartment containing:
i.
One bedroom, 650 square feet.
ii.
Two bedrooms, 800 square feet.
iii.
Three or more bedrooms, 1,000 square feet.
Notwithstanding the above minimum floor area requirements, a maximum of 20 percent of the total units constructed in any single development of more than one building may be one bedroom units having floor areas of less than 650 square feet but not less than a minimum floor area of 520 square feet.
e.
Maximum height of structures. The maximum height of any structure shall be 35 feet.
f.
Buffer. A buffer of at least 20 feet is required when the lot adjoins a developed single-family detached subdivision.
g.
Open space requirement. Not less than 20 percent of the subdivision shall be set aside for open space purposes. A homeowner's association created by the developer, by recorded covenants, declarations and restrictions running with the land, shall preserve and maintain for the use and benefit of the owners and occupants of lots and dwellings within the subdivision the lands set aside for open space, parks and recreational use. The book and page in which such covenants and declarations are recorded shall be shown on the final plat of the subdivision. Required yards, streets, drives, parking areas and other similar uses shall not be counted toward the minimum open space requirements. Not more than 50 percent of the land reserved for open space purposes shall be within a flood plain. The requirement that open space be deeded to and maintained by a homeowner's association may be waived by the city for that portion of an R-CD district in which detached single-family housing is constructed. This waiver and survey to which there is entered a covenant by the developer at the minimum open space requirement shall be applied to individual lots within the subdivision. Dedication of open space to the city may also satisfy the open space requirement.
h.
Neighborhood shopping and office-institution uses. The developer of a community development subdivision of not less than 100 acres may set aside not more than five percent of the total area for neighborhood shopping and office-institution uses permitted herein. However, retail liquor stores shall not be permitted unless these uses are housed within a planned shopping center constructed within a minimum of 10,000 square feet in a continuous façade. Not more than 50 percent of the five percent maybe reserved and developed for NS uses. When 100 or more dwelling units have been constructed within the subdivision, then NS uses may be established under the following conditions:
1.
Not more than 240 square feet of floor space for retail sales and services shall be permitted for each ten dwelling units in the subdivision. There shall be not less than four square feet of business lot area for each one square foot of permitted retail floor area. Land may be reserved for the maximum permitted retail development, but the permitted square feet of retail area may be built only as the required ratio of dwelling units has been constructed.
2.
Retail sales and services shall be constructed entirely within a wholly and permanently enclosed building or buildings, which shall be of an architectural design compatible with the residential structures within the subdivision.
3.
Outdoor storage or displays of any kind shall be prohibited.
4.
Signs shall be limited to an identification sign for each point of entry to a store. The signs shall not exceed four square feet in area, shall not be directly lighted and shall be attached flat against the face of the building.
5.
Off-street parking and loading spaces shall be provided as required by this chapter.
6.
This use shall only be placed on lots specifically designated for these purposes on the plat of the subdivision, and shall be located at least 100 feet from any residential structure. Accessory parking and loading areas shall be located at least 50 feet from any residential structure.
7.
When shopping facilities within a planned unit development subdivision contain not less than 40,000 square feet of floor area, then the development standards established by this chapter for planned shopping developments shall apply.
8.
The sides, rear or front of a lot developed for retail sales and services shall neither abut nor be across the street from property lying outside the subdivision, and shall be located at least 300 feet from any exterior subdivision property line.
9.
Office-institution development uses shall:
i.
Meet all IO district development standards and requirements.
ii.
Be limited to 300 square feet of floor space for each ten dwelling units, and not less than four square.
iii.
Area for each one square foot of floor area.
iv.
Be constructed only as the required ratio of dwelling units has been constructed.
v.
Meet all applicable requirements of this subsection except subsections (h)(1) and (h)(7) of this section.
10.
Office-institution uses permitted by this subsection shall include:
i.
Cultural facilities, including art galleries, museums, legitimate theatres, libraries and other uses similar in character to those listed.
ii.
Offices of health service practitioners, physicians, surgeons, dentists and dental surgeons, osteopathic physicians, chiropractors and other licensed practitioners similar to those listed.
iii.
Health service clinics, including a pharmacy as an accessory use.
iv.
General office uses, including sales representatives, legal services, engineering and architectural, accounting, auditing, bookkeeping, finance, real estate, insurance and others similar to those listed.
i.
Development plan. The development plan for the subdivision shall be processed in conformance with the requirements of the city subdivision regulations. The use to be made of each lot shall be marked on the plat. The plat shall also state the maximum number of dwelling units authorized for the subdivision. When approved, the final plat shall be recorded in the same manner as other subdivision plats, along with the necessary covenants and restrictions applicable to the development. In addition, a faithful reproduction of the plat shall be predominantly displayed within the subdivision until such time as the subdivision is fully developed.
j.
Private deed covenants. The subdivision shall be covered by private deed covenants running with the land which ensure its continuance in accordance with approved plans and development.
(Ord. No. 2021-09-14, § I, 9-27-2021; Ord. No. 2022-08-13, § I, 8-22-2022)