(a)   Purpose. The A-1 Agricultural District is hereby created in order that there be areas within the City which are either in agricultural cultivation or open land and which have been annexed to the City but not yet developed at urban densities. This land is to be reserved for agricultural cultivation, very low density residential development and other essentially nonurban activities so that the basically rural character of these areas may be preserved and maintained until such time as the land becomes subject to urban development.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the A-1 Agricultural District:

      (1)   Any customary agricultural use, building or structure, including nurseries, greenhouses, farming, dairying, pasturage, apiculture, horticulture, floriculture and viticulture;

      (2)   One single-family detached dwelling unit (rural farm house or rural nonfarm house);

      (3)   Churches and similar places of worship;

      (4)   Neighborhood and community parklands and open space; and

      (5)   Government buildings, facilities and uses.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the A-1 Agricultural District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Cemetery;

      (2)   Country club or golf course;

      (3)   Kindergarten or day nursery and juvenile and adult group homes;

      (4)   Private recreation development;

      (5)   Public and parochial schools;

      (6)   Public utility substations or exchanges; and

      (7)   Farm tenant houses or mobile homes, caretakers' cottages and similar uses customarily accessory to agricultural and residential uses, provided there is not more than one such unit for every twenty acres of lot area.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than five acres in land area. No lot width shall be less than 200 feet.

   (e)   Maximum Building Height. No dwelling shall exceed thirty-five feet in height.

   (f)   Minimum Yards. 

   (g)   Required Off-Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

   (h)   Other Development Controls.

      (1)   Radio or television towers and antennae, flagpoles, stacks, observation towers, water tanks and silos shall be set back a distance equal to the height from all property lines, as measured from ground level.

      (2)   All permitted uses and conditionally permitted uses in this zone shall require a certificate of approval from the City Engineer, certifying his or her approval of the type and manner of construction to be built (ensuring that such construction shall not cause flood hazard, soil erosion, adverse changes in the natural drainage courses or unnecessary destruction of natural features), which completed certificate shall be submitted to the appropriate board, as required in this Zoning Code, at the time of request.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway or deeded right of way or into any residential zone.

(Ord. 79-56. Passed 11-13-79.)

   (a)   Purpose. The intent of the R-1 Residential District is to reserve certain lands for relatively large lot, detached single-family dwellings. Areas of such low density residential development typically occupy relatively extensive acreage.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the R-1 Residential District:

      (1)   Detached single-family dwellings; and

      (2)   Neighborhood and community parklands and open space.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the R-1 Residential District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Cemetery;

      (2)   Churches and similar places of worship;

      (3)   Country club or private golf course;

      (4)   Private recreation development;

      (5)   Public and parochial schools;

      (6)   Public utility substation or exchange; and

      (7)   Institutions for higher education, provided they are located adjacent to an arterial street.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 13, 000 square feet in land area. No lot width shall be less than 100 feet.

   (e)   Minimum Dwelling Size. For single-family dwellings there shall be a minimum living area standard of 1,700 square feet.

   (f)   Maximum Building Height. No dwelling shall exceed thirty-five feet in height.

   (g)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than thirty-five feet.

      (2)   Side. There shall be a minimum width on either side of not less than ten feet with the combined width of both side yards to be not less than twenty five feet.

      (3)   Rear. There shall be a minimum depth of not less than forty feet.

   (h)   Required Off-Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

(Ord. 79-56. Passed 11-13-79; Ord. 85-49. Passed 10-22-85 Ord. 96-5. Passed 3-27-96.)

   (a)   Purpose. The intent of the R-2 Residential District is to reserve certain land areas for single-family homes on larger than average-sized lots and to designate new, undeveloped land areas for such residential development and housing.

   (b)   Permitted Uses. The following uses are permitted as conditional uses in the R-2 Residential District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Cemetery;

      (2)   Churches and similar places of worship;

      (3)   Country club or golf course;

      (4)   Kindergarten or day nursery;

      (5)   Private recreational development;

      (6)   Public and parochial schools ;

      (7)   Public utility substations or exchanges;

      (8)   Institutions of higher education, provided they are located adjacent to an arterial street; and

      (9)   Fire and police stations, provided they are located adjacent to an arterial street.

   (c)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 11, 000 square feet in land area. No lot width shall be less than ninety feet.

   (d)   Minimum Dwelling Size. For single-family dwellings there shall be a minimum living area standard of 1,500 square feet.

   (e)   Maximum Building Height. No dwelling shall exceed thirty-five feet in height.

   (f)   Minimum Yards. 

      (2)   Side. There shall be a minimum width on either side of not less than ten feet, with the combined width of both side yards to be not less than twentyfive feet.

      (3)   Rear. There shall be a minimum depth of not less than thirty-five feet.

   (g)   Required Off-Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

(Ord. 79-56. Passed 11-13-79; Ord. 84-7. Passed 4-10-84; Ord. 85-49. Passed 10-22-85; Ord. 96-5. Passed 3-27-96.)

   (a)   Purpose. The intent of the R-3 Residential District is to reserve certain land area for single-family homes on larger than average-sized lots, both to reflect some existing residential development, and to designate new, undeveloped land area for such development.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the R-3 Residential District:

      (1)   Detached single-family dwellings; and

      (2)   Neighborhood and community parklands and open space.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the R-3 Residential District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Cemetery;

      (2)   Churches and similar places of worship;

      (3)   Country club or golf course;

      (4)   Kindergarten or day nursery;

      (5)   Private recreation development;

      (6)   Public and parochial schools;

      (7)   Public utility substations or exchanges;

      (8)   Fire and police stations, provided they are located adjacent to an arterial street;

      (9)   Institutions of higher education, provided they are located adjacent to an arterial street; and

      (10)   Hospital.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots of not less than 9,500 square feet in land area. No lot width shall be less than eighty feet.

   (e)   Minimum Dwelling Size. For single-family dwellings there shall be a minimum living area standard of 1, 300 square feet.

   (f)   Maximum Building Height. No dwelling shall exceed thirty-five feet in height.

   (g)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than thirty feet.

      (2)   Side. There shall be a minimum width on either side of not less than ten feet, with the combined width on both side yards to be not less than twenty feet.

      (3)   Rear. There shall be a minimum depth of not less than thirty feet.

   (h)   Required Off-Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

(Ord. 79-56. Passed 11-13-79 ; Ord. 96-5. Passed 3-27-96.)

   (a)   Purpose. The intent of the R-4 Residential District is to designate certain land for the combined development of both detached single-family dwellings and two-family dwellings, thereby allowing for a somewhat higher than average density level yet retaining essentially a single-family character. The intent of the R-4 Residential District is to reflect existing conditions where the residential development and housing are largely built up.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the R-4 Residential District:

      (1)   Detached single-family dwellings;

      (2)   Two-family dwellings; and

      (3)   Neighborhood and community parklands and open space.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the R-4 Residential District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Churches and similar places of worship;

      (2)   Fraternal lodges and private clubs;

      (3)   Hospitals and juvenile and adult group homes;

      (4)   Kindergarten or day nursery;

      (5)   Private recreation development;

      (6)   Public and parochial schools;

      (7)   Public utility substations or exchanges;

      (8)   Mobile home parks, subject to the procedure specified in Section 1266.01; and

      (9)   Fire and police stations, provided they are located adjacent to an arterial street.

(Ord. 79-56. Passed 11-13-79.)

      (10)   Nursing homes.

(Ord. 82-9. Passed 3-9-82.)

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 8,000 square feet in land area for detached single-family dwellings and not less than 12,500 square feet for two-family attached dwellings. No lot shall be less than seventy feet for single-family dwellings or less than 100 feet for two-family dwellings.

(Ord. 79-56. Passed 11-13-79.)

   (e)   Minimum Dwelling Size. For single-family dwellings there shall be a minimum living area standard of 1,300 square feet. For two-family dwellings there shall be a minimum living area standard of 1,200 square feet per dwelling unit.

(Ord. 96-5. Passed 3-27-95.)

   (f)   Maximum Building Height. No dwelling shall exceed thirty-five feet in height.

   (g)   Minimum Yards.

      (1)   Front.There shall be a minimum setback of not less than twentyfive feet.

      (2)   Side. There shall be a minimum width on either side of not less than eight feet, with the combined width of both side yards to be not less than 20 feet.

   (h)   Required Off Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

(Ord. 79-56. Passed 11-13-79.)

   (a)   Purpose. The primary intent of the R-5 Residential District is to designate vacant lands for new higher density residential development and housing in order to accommodate multifamily dwellings and detached single-family and attached two-family dwellings.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the R-5 Residential District:

      (1)   Detached single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Multi-family dwellings, including garden apartments, townhouses, row dwellings and condominium units; and

      (4)   Neighborhood and community parklands and open space.

   (c)   Conditionally Permitted Uses.The following uses are permitted as conditional uses in the R-5 Residential District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Churches and similar places of worship;

      (2)   Fraternal lodges and private clubs;

      (3)   Hospitals and juvenile and adult group homes;

      (4)   Kindergarten or day nursery;

      (5)   Nonresidential off street parking areas;

      (6)   Private recreation development;

      (7)   Public and parochial schools;

      (8)   Public utility substations or exchanges;

      (9)   Fire and police stations, provided they are located adjacent to an arterial street;.

      (10)   Institutions for higher education, provided they are located adjacent to an arterial street; and

      (11)   Funeral homes and mortuaries.

(Ord. 79-56. Passed 11-13-79; Ord. 81-28. Passed 8-11-81; Ord. 82-9. Passed 3-9-82; Ord. 01-6. Passed 2-13-01.)

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 8,000 square feet in land area for detached single-family dwellings, 12,500 square feet for attached two-family dwellings and a minimum of three acres for multi-family developments, with a density not to exceed eight units per acre. The minimum lot width for a single-family dwelling shall be 70 feet; 80 feet for a two-family dwelling; and 100 feet for multi-family dwellings.

(Ord. 90-15. Passed 5-8-90.)

   (e)   Minimum Dwelling Size. For multi-family dwellings there shall be a minimum floor area of 500 square feet for efficiency units, 650 square feet for one-bedroom units and 120 square feet for each additional bedroom. For single-family dwellings there shall be a minimum living area standard of 1,300 square feet. For two-family dwellings there shall be a minimum living area standard of 1,200 square feet per dwelling unit.

(Ord. 96-5. Passed 3-27-95.)

   (f)   Maximum Building Height. No single-family structure shall exceed 35 feet in height and no multi-family dwelling shall exceed 50 feet in height.

   (g)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than 30 feet for single and two-family dwellings and not less than 40 feet for multifamily dwellings.

      (2)   Side. There shall be a minimum width on either side of not less than eight feet, with the combined width of both side yards to be not less than 18 feet.

(Ord. 79-56. Passed 11-13-79.)

      (3)   Rear. There shall be a minimum depth of not less than 25 feet.

(Ord. 82-4. Passed 1-12-82.)

   (h)   Required Off-Street Parking. Off street parking shall be provided in accordance with the requirements specified in Section 1266.05.

(Ord. 79-56. Passed 11-13-79; Ord. 04-18. Passed 8-10-04.)

   (a)   Purpose. The intent of the O-1 Office District is to designate certain lands for single- and two-family residential uses as well as professional offices, and thereby to act as a transition zone between commercial and residential areas.

   (b)   Permitted Uses. The following uses shall be considered uses-by-right in an O-1 Office District:

      (1)   Single-family homes;

      (2)   Two-family homes; and

      (3)   Professional activities.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the O-1 Office District, subject to approval by the Administrative Board for Planning and Zoning Appeals and the subsequent issuance of a conditional use permit therefor:

      (1)   Attached single-family homes;

      (2)   Fraternal lodges and private clubs;

      (3)   Kindergartens or day nurseries;

      (4)   Nonresidential off-street parking;

      (5)   Public utility substations or exchanges;

      (6)   Funeral homes and mortuaries; and

      (7)   Churches and similar places of worship.

   (d)   Minimum Lot Area and Width,. There shall be permitted zoning lots not less than 8,000 square feet in land area for detached single-family dwellings, 12,500 square feet for attached two-family dwellings, and 6,000 square feet each for attached single-family dwellings in excess of two. Minimum lot widths shall be 80 feet for residential uses and 75 feet for nonresidential uses. Zoning lots for nonresidential uses shall have a minimum land area of 10,000 square feet.

   (e)   Minimum Dwelling Size. Dwellings shall have a minimum floor area of 900 square feet of living area.

   (f)   Maximum Building Height. No residential or commercial structure shall exceed 35 feet in height.

   (g)   Minimum Yards.

      (1)   Front. There shall be a minimum depth of not less than 25 feet.

      (2)   Side. There shall be a minimum width on either side of not less than eight feet, with the combined width of both side yards to be not less than 18 feet.

      (3)   Rear. There shall be a minimum depth of not less than 25 feet.

   (h)   Required Off-Street Parking. Off street parking shall be provided in accordance with the requirements specified in Section 1266.05.

   (i)   Minimum Design Standards. A minimum of 65% of all exterior building elevations facing or visible from a public right-of-way shall be full-sized standard brick or stone, excluding windows and doors. The remaining 35% of the building shall consist of textured concrete block, masonry product, steel, architectural metal or other similar building material; however, in no case shall plain concrete block, vinyl, wood board or aluminum siding be a suitable building material on any portion of the building. Exterior walls not facing or visible from a public right-of-way must be constructed of a product similar and complementary to materials on other elevations of the building. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 90-15. Passed 5-8-90; Ord. 91-18. Passed 11-26-91; Ord. 04-15. Passed 7-13-04.)

   (a)   Purpose. The intent of the C-1 Neighborhood Shopping District is to designate certain lands for convenience goods and personal service establishments whose primary service area encompasses the persons residing in the immediately adjacent residential areas.

   (b)   Permitted Uses. The following uses shall be permitted as uses by right in the C-I Neighborhood Shopping District. However, unless a use is specifically listed to the contrary, no use shall be permitted as a use by right in a C-i District that is not also permitted as a use by right in a C-3 District, and no use listed herein shall be accommodated by a gross floor area per zoning lot exceeding 5,000 square feet.

      (1)   Bakery and bakery goods store, provided the products are sold exclusively on the premises;

      (2)   Barber and beauty shop;

      (3)   Delicatessen store;

      (4)   Drug store;

      (5)   Dry cleaning and laundry pick-up station;

      (6)   Convenience food store;

      (7)   Library;

      (8)   Locksmith shop;

      (9)   Police and fire stations;

      (10)   Post office;

      (11)   Business and professional offices, including real estate, insurance and finance offices;

      (12)   Medical and dental offices;

      (13)   Bicycle sales, rental and repair;

      (14)   Books, magazines and newspaper retail sales;

      (15)   Costume rental;

      (16)   Florists and retail garden stores;

      (17)   Furniture and upholstery repair, provided all work is accomplished in a completely enclosed structure;

      (18)   Hobby shops, including art supplies;

      (19)   Portable electric appliance repair;

      (20)   Radio and television repair;

      (21)   Shoe repair;

      (22)   Watch, clock and jewelry repair; and

      (23)   Retail sales outlets not exceeding 5,000 square feet in gross floor area and specializing in only one major merchandise category. Examples include, but are not limited to, apparel sales, automotive parts sales and jewelry stores.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the C-1 Neighborhood Shopping District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Medical clinics;

      (2)   Public utility substations or exchanges;

      (3)   Restaurants (sit-down and carry-out);

      (4)   Automobile service stations, including automobile repair, provided that all repair work, except that of a minor nature (e.g. change of a fan belt, a minor carburetor adjustment, tire removal and/or replacement, windshield wiper replacement, etc.), is conducted wholly within a completely enclosed building, and provided, further, that such service station is located adjacent to an arterial street as designated in the Official Thoroughfare Plan;

      (5)   Drive-through windows ancillary to principally permitted or conditionally permitted uses;

      (6)   Charitable collection bins; and

      (7)   Automobile convenience service facilities.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 7,500 square feet in land area and a lot width not less than 60 feet.

   (e)   Maximum Building Height.No commercial structure shall exceed 35 feet in height.

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than 30 feet.

      (2)   Side. None required if a party wall is agreed to by adjoining property owners, otherwise six feet, except that there shall be a minimum width of 25 feet when adjacent to any "A," "R" or "S-PUD" District.

      (3)   Rear. There shall be a minimum depth of 25 feet.

      (4)   Abutting residential zones. If there is an abutting residential zone, a 25-foot landscaped perimeter area, in accordance with Section 1266.03(d), shall be provided along common lot lines on all nonresidential abutting zoning lots larger than two acres, and on all other nonresidential zoning lots, unless a six foot masonry wall or opaque wooden fence separates parking areas from residential lot lines, and such parking areas are used only for noncommercial vehicles.

   (g)   Required Off-Street Parking. Off street parking shall be provided in accordance with the requirements specified in Section 1266.05.

   (h)   Required Building Enclosure.All business and service establishments shall be conducted wholly within a completely enclosed building.

   (i)   Minimum Design Standards. A minimum of 65% of all exterior building elevations facing or visible from a public right-of-way, shall be full-sized standard brick or stone, excluding windows and doors. The remaining 35% of the building shall consist of textured concrete block, masonry product, steel, architectural metal or other similar building material, however, in no case shall plain concrete block, vinyl, wood board or aluminum siding be a suitable building material on any portion of the building. Exterior walls not facing or visible from a public right-of-way must be constructed of a product similar and complementary to materials on other elevations of the building. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 80-51. Passed 10-14-80; Ord. 81-11. Passed 414-81; Ord. 85-44. Passed 8-13-85; Ord. 85-49. Passed 10-22-85; Ord. 88-7. Passed4-26-88; Ord. 89-22. Passed 5-23-89; Ord. 90-15. Passed 5-8-90; Ord. 91-4. Passed 3-12-91; Ord. 04-15. Passed 7-13-04; Ord. 12-6. Passed 8-28-12.)

   (a)   Purpose. The intent of the C-2 Highway Commercial District is to accommodate both extensive land uses with high traffic generation characteristics and typical "highway-oriented" uses that derive a significant part of their trade by virtue of their location along highway frontage with its relatively high traffic volume.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the C-2 Highway Commercial District:

      (1)   Agricultural implement sales and farm equipment storage and rental;

      (2)   Air conditioning, heating, plumbing and roofing shops;

      (3)   Automobile, trailer, recreational vehicle and motorcycle sales;

      (4)   Indoor commercial recreation establishments and health spas;

      (5)   Equipment rental and repair establishments;

      (6)   Pet shops, kennels and animal hospitals;

      (7)   Motels/hotels (all guest rooms limited to interior door access only);

      (8)   Indoor theaters;

      (9)   Warehouses and enclosed storage facilities; and

      (10)   Convenience food stores.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the C-2 Highway Commercial District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Automobile convenience service facilities, service stations and washing establishments;

      (2)   Automobile, trailer, recreational vehicle and motorcycle sales (new, used and rental);

      (3)   Automobile tire sales and service;

      (4)   Automobile upholstery repair;

      (5)   Commercial greenhouses;

      (6)   Fraternal lodges and private clubs;

      (7)   Medical clinics and hospitals;

      (8)   Municipal or government buildings;

      (9)   Indoor commercial recreational establishments and teen centers;

      (10)   Public utility substations or exchanges;

      (11)   Lounges and restaurants (sit-down, carry-out and drive-in);

      (12)   Retail establishments providing commodities intended primarily for interstate travelers;

      (13)   Bus terminal;

      (14)   Convenience food stores;

      (15)   Drive-through windows ancillary to principally permitted or conditionally permitted uses;

      (16)   Body, fender and engine repair establishments for vehicles;

      (17)   Charitable collection bins;

      (18)   Beer/wine drive-through stores; and

      (19)   Personal wireless service facilities.

   (d)   Minimum Lot Area and Lot Width. There shall be permitted zoning lots not less than 5,000 square feet in land area. No lot width shall be less than 50 feet.

   (e)   Maximum Building Height. No commercial structure shall exceed 45 feet in height.

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of 50 feet.

      (2)   Side. None required if a party wall is agreed to by adjoining property owners, otherwise six feet, except that there shall be a minimum width of 50 feet when adjacent to any "A," "R" or "S-PUD" District.

      (3)   Rear. There shall be a minimum depth of twenty-five feet, except when adjacent to any "A," "R" or "S-PUD" District, in which cases there shall be a minimum depth of 50 feet.

      (4)   Abutting residential zones. If there is an abutting residential zone, a 25-foot landscaped perimeter area, in accordance with Section 1266.03(d), shall be provided along common lot lines on all nonresidential abutting zoning lots larger than two acres, and on all other nonresidential zoning lots, unless a six-foot masonry wall or opaque wooden fence separates parking areas from residential lot lines and such parking areas are used only for noncommercial vehicles.

   (g)   Required Off-Street Parking. Off-street parking shall be required in accordance with the requirements specified in Section 1266.05.

   (h)   Minimum Design Standards. A minimum of 65% of all exterior building elevations facing or visible from a public right-of-way, shall be full-sized standard brick or stone, excluding windows and doors. The remaining 35% of the building shall consist of textured concrete block, masonry product, steel, architectural metal or other similar building material, however, in no case shall plain concrete block, vinyl, wood board or aluminum siding be a suitable building material on any portion of the building. Exterior walls not facing or visible from a public right-of-way must be constructed of a product similar and complementary to materials on other elevations of the building. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 80-51. Passed 10-14-80; Ord. 81-05. Passed 2-10-81; Ord. 85-44. Passed 8-13-85; Ord. 89-1. Passed 1-10-89; Ord. 89-22. Passed 5-23-89; Ord. 90-15. Passed 5-8-90; Ord. 91-3. Passed 2-12-91; Ord. 91-4. Passed 3-12-91; Ord. 97-5. Passed 3-11-97; Ord. 04-15. Passed 7-13-04; Ord. 06-17. Passed 12-12-06; Ord. 12-6. Passed 8-28-12; Ord. 17-05. Passed 9-26-17.)

   (a)   Purpose. The intent of the C-3 Community Commercial District is to provide for shopping center districts within the community so as to serve the general shopping and service needs of the City. Their locations shall accommodate the most intensive commercial and office development and shall reflect organized development activities.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the C-3 Community Commercial District:

      (1)   Advertising agencies;

      (2)   Antique shop;

      (3)   Apparel shop;

      (4)   Art supplies;

      (5)   Auto parts and glass;

      (6)   Bakery and bakery goods store, provided the products are sold exclusively on the premises;

      (7)   Banks and other financial institutions, including savings, loan and finance companies with drive-in windows;

      (8)   Barber shop;

      (9)   Beauty shop;

      (10)   Bicycle shop;

      (11)   Book, stationary or gift shop;

      (12)   Business and professional colleges;

      (13)   Camera and photographic supplies;

      (14)   Candy, soda fountain and ice cream store (excluding drive-ins);

      (15)   Carpet and rug store;

      (16)   Clinics, medical or dental;

      (17)   Clubs, including businessmen's and YMCA-YWCA;

      (17A)   Convenience food stores;

      (18)   Delicatessen store;

      (19)   Department store;

      (20)   Drug store;

      (21)   Dry cleaners;

      (22)   Drying and cleaning work;

      (23)   Employment agencies;

      (24)   Florist shop;

      (25)   Food store and supermarket;

      (26)   Funeral home;

      (27)   Garden supplies;

      (28)   Glass, china or pottery store;

      (29)   Glazing and glasswork;

      (30)   Haberdashery;

      (31)   Hardware store;

      (32)   Health clinics and health spas;

      (33)   Hobby shop;

      (34)   Household appliance store, including incidental repair;

      (35)   Interior decorating studio;

      (36)   Jewelry store, including repair;

      (37)   Laboratories, medical and dental;

      (38)   Laundromats, self-service washing and drying;

      (39)   Leather goods and luggage store;

      (40)   Library;

      (41)   Locksmith shop;

      (42)   Music, musical instruments and record shop;

      (43)   Newspaper office, including printing;

      (44)   Office;

      (45)   Office appliances and supply;

      (46)   Off street parking lots and/or garages;

      (47)   Opticians, optometrists and optical supply;

      (48)   Paint and wallpaper store;

      (49)   Pet shop, excluding boarding and outside run;

      (50)   Plumbing sales and repair;

      (51)   Police and fire stations;

      (52)   Post office and telegraph office;

      (53)   Printing establishments;

      (54)   Radio and television stores, including repair;

      (55)   Shoe store and shoe repair;

      (56)   Sporting goods;

      (57)   Studios for professional work or teaching of any form of fine arts, photography, music, drama and dance;

      (58)   Tailor shop;

      (59)   Theaters, excluding drive-in theaters;

      (60)   Travel bureau;

      (61)   Variety stores, including notions and five and ten-cent stores;

      (62)   Furniture and upholstery repair, provided all work is accomplished in a completely enclosed structure.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the C-3 Community Commercial District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Automobile service stations;

      (2)   Medical clinics, health centers, hospitals and health spas;

      (3)   Public utility substations or exchanges;

      (4)   Wholesale establishments;

      (5)   Lounges and restaurants (sit-down and carry-out);

      (6)   Small tool rental establishments;

      (7)   Private clubs;

      (8)   Adult uses; (Reserved);

      (9)   Indoor amusement centers, teen centers and commercial recreational establishments;

      (10)   Drive-through windows ancillary to principally permitted or conditionally permitted uses;

      (11)   Automobile upholstery repair;

      (12)   Automobile washing establishments;

      (13)   Charitable collection bins;

      (14)   Automobile convenience service facilities;

      (15)   Drive-through businesses for which the floor area devoted to the stocking or sale of alcoholic beverages is less than 10%;

      (16)   Retail establishments selling outdoor recreational items to be permanently installed on residential zoning lots;

      (17)   Automobile muffler repair businesses;

      (18)   Churches; and

      (19)   Bingo, as regulated by the State of Ohio, provided that such use is within a shopping center where there is no other bingo operation, and provided there is available automobile parking equal to at least one space per 50 gross square feet of business area devoted to bingo gaming.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 12,000 square feet in land area. No lot width shall be less than 75 feet.

   (e)   Maximum Building Height. No commercial structure shall exceed 45 feet in height.

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than 25 feet.

      (2)   Side. None required if a party wall is agreed to by adjoining property owners, otherwise six feet, except that there shall be a minimum width of twenty-five feet when adjacent to any "A," "R" or "S-PUD" District.

      (3)   Rear. There shall be a minimum depth of not less than 25 feet.

      (4)   Abutting residential zones. If there is an abutting residential zone, a 25-foot landscaped perimeter area, in accordance with Section 1266.03(d), shall be provided along common lot lines on all nonresidential abutting zoning lots larger than two acres, and on all other nonresidential zoning lots, unless a six-foot masonry wall or opaque wooden fence separates parking areas from residential lot lines and such parking areas are used only for noncommercial vehicles.

   (g)   Required Off Street Parking. Off-street parking shall be required in accordance with the requirements specified in Section 1266.05.

   (h)   Minimum Design Standards. A minimum of 65% of all exterior building elevations facing or visible from a public right-of-way, shall be full-sized standard brick or stone, excluding windows and doors. The remaining 35% of the building shall consist of textured concrete block, masonry product, steel, architectural metal or other similar building material, however, in no case shall plain concrete block, vinyl, wood board or aluminum siding be a suitable building material on any portion of the building. Exterior walls not facing or visible from a public right-of-way must be constructed of a product similar and complementary to materials on other elevations of the building. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 80-28. Passed 6-10-80; Ord. 80-51. Passed 1-14-80; Ord. 81-42. Passed 11-10-81; Ord. 83-19. Passed 6-14-83; Ord. 85-44. Passed 8-13-85; Ord. 89-1. Passed 1-10-89; Ord. 89-22. Passed 5-23-90; Ord. 90-15. Passed 5-8-90; Ord. 91-3. Passed 2-12-91; Ord. 91-4. Passed 3-12-91; Ord. 95-10. Passed 8-22-95; Ord. 96-1. Passed 2-13-96; Ord. 96-14. Passed 4-23-96; Ord. 99-2 1. Passed 12-28-99; Ord. 04-15. Passed 7-13-04; Ord. 12-6. Passed 8-28-12.)

   (a)   Purpose. Purposes of the C-4 Office and Industrial Sales - Service Park Districts include: (i) development of commerce park environments within the City to accommodate professional and light industrial uses in employment centers independent of existing commercial uses, and (ii) accommodation of retail uses, with principal access from an interstate highway, serving local and regional markets.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the C-4 Office and Industrial Sales - Service Park District:

      (1)   Administrative offices of any kind, including public, semipublic, civic, religious and charitable organizations;

      (2)   Business offices, wholesaling, warehousing and distribution establishments and related facilities, and industrial sales and service establishments where a stock of goods may be maintained on the premises for local or regional transport and sales to customers, provided that floor area devoted to retail sales does not comprise more than 10% of the total business;

      (3)   Professional services, including, but not limited to, offices of physicians, surgeons, dentists, lawyers, accountants, architects, engineers, insurance and real estate agents and members of similar professions;

      (4)   Research and development offices;

      (5)   Banks and financial institutions, including loan, savings and finance companies with drive-in windows;

      (6)   Medical clinics, hospitals and health spas; and

      (7)   School and educational services.

      (8)   Retail and service businesses with an indoor floor area of 80,000 or more square feet dedicated to such uses, and located on at least a twelve acre zoning lot within 1,000 feet of an interstate highway.

      (9)   Retail and service businesses contiguous and ancillary to uses specified by division (b)(8) of this section and built subsequently upon zoning lots subdivided from tracts so developed.

   (c)   Conditionally Permitted Uses. The following uses are permitted as conditional uses in the C-4 Office and Industrial Sales - Service Park District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05(f):

      (1)   Funeral home and mortuary;

      (2)   Personal service establishments, such as a drug store, barber shop, beauty shop or similar personal service establishment, provided that not more than 10% of the total gross floor area of permitted uses is occupied by such use;

      (3)   Restaurants: sit-down;

      (4)   Motels/hotels (all guest rooms limited to interior door access only);

      (5)   Compounding assembly, treatment or fabricating establishments which may be characterized as light industry, such as tool and die manufacturing, electrical and electronic component production and assembly, surgical and medical equipment, small motor and machinery production and similar uses. All such uses shall be carried out within a completely enclosed structure and shall comply with the minimum performance standards specified in Section 1266.04.

      (6)   (Editor's note: Division (c)(6) was repealed by Ordinance 83-18, passed June 14, 1983.)

      (8)   Personal wireless service facilities.

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 20,000 square feet. No lot width shall be less than 100 feet.

   (e)   Maximum Building Height.A structure with a minimum setback shall not exceed 40 feet in height. Structures exceeding minimum front yard setbacks shall be allowed a height of one foot for each two feet of setback from any property line, not to exceed 100 feet.

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of not less than 35 feet.

      (2)   Side. Structures with heights not exceeding forty feet shall have minimum side yards of ten feet, unless adjacent to an "R," "S-PUD" or "0" District, in which case the required side yard shall be 25 feet. Structures exceeding 40 feet in height shall have side yards the greater of either the above or twice the building height.

      (3)   Rear. Structures with heights not exceeding forty feet shall have minimum rear yards of not less than 25 feet, unless adjacent to an "R," "S-PUD" or "0" District, in which case the required rear yard shall be 35 feet. Structures exceeding 40 feet in height shall have rear yards the greater of either the above or twice the building height.

      (4)   Abutting residential zones. If there is an abutting residential zone, a 25-foot landscaped perimeter area, in accordance with Section 1266.03(d), shall be provided along common lot lines on all nonresidential abutting zoning lots larger than two acres, and on all other nonresidential zoning lots, unless a six-foot masonry wall or opaque wooden fence separates parking areas from residential lot lines and such parking areas are used only for noncommercial vehicles.

   (g)   Required Off-Street Parking. Off-street parking shall be provided in accordance with the requirements specified in Section 1266.05.

   (h)   Minimum Design Standards. A minimum of 75% of the exterior building wall-face oriented towards the front lot line shall be a constructed with a decorative brick, stone, textured concrete block, EIFS (synthetic stucco) or similar building materials. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 80-43. Passed 9-23-80; Ord. 91-4. Passed 3-12-91; Ord. 92-21. Passed 6-30-92; Ord. 95-10. Passed 8-22-95; Ord. 97-5. Passed 3-11-97; Ord. 02-11. Passed 9-24-02; Ord. 04-15. Passed 7-13-04; Ord. 17-05. Passed 9-26-17.)

   (a)   Purpose. The E-1 Educational Institution District has been designed to accommodate all the primary and necessary functions of secondary, post-secondary and vocational educational institutions. Ancillary residential, office or research facilities, not an integral part of an existing educational institution, must be conditionally reviewed because of a potentially large impact.

   (b)   Permitted Uses. The following uses shall be permitted in an E-1 Educational Institution District:

      (1)   All nonresidential buildings or structures as needed for instruction, administration or maintenance of a secondary, post-secondary or vocational educational institution;

      (2)   Publicly owned parks and playgrounds; and

      (3)   Public libraries, publicly owned museums and schools and other buildings or premises used exclusively by Federal, State, County or Municipal governments for public purposes, but not including workshops, workhouses or open storage.

   (c)   Conditionally Permitted Uses. The following uses shall be conditionally permitted in an E-1 Educational Institution District, subject to the approval of the Administrative Board for Planning and Zoning Appeals and the subsequent issuance of a conditional use permit as set forth in Sections 1266.01 and 1268.05(f):

      (1)   Dormitories and other residential structures necessary for the conduct of a post-secondary educational institution;

      (2)   Clinics, research centers, light manufacturing enterprises and business offices located in existing buildings, not including uses which create consumer traffic at retail or excessive vehicular traffic of any kind, and not including the sale or storage of items which are readily available through retail or wholesale outlets;

      (3)   Churches, Sunday school buildings, parish houses and other places of worship;

      (4)   Conversions of existing structures to residential uses consistent with the demonstrated need of a post-secondary institution to house its students, provided that such conversions meet the zoning standards applicable to multifamily development in an "R-5 District"; and (Ord. 87-4. Passed 2-10-87.)

      (5)   Personal wireless service facilities.

(Ord. 97-5. Passed 3-11-97.)

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 40,000 square feet in area. No lot width shall be less than 150 feet.

   (e)   Maximum Building Height. No structure shall exceed 45 feet in height.

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of 50 feet.

      (2)   Side and rear. There shall be a minimum side yard width of 25 feet, except when next to a residential zone, in which case the side yard width shall be the greater of either 50 feet or 2.5 times the structural height.

   (g)   Required Off-Street Parking. Off-street parking shall be required in accordance with Section 1266.05.

(Ord. 87-4. Passed 2-10-87.)

   (a)   Purpose. The intent of the I-1 General Industrial District is:

      (1)   To designate certain lands exclusively for new industrial development which will not adversely affect its surroundings and which can be effectively serviced with the necessary utilities and access; and

      (2)   To reflect the existing pattern of industrial development in the community. These land areas are to be reserved exclusively for industrial, manufacturing, warehousing and wholesaling activities and related purposes.

   (b)   Permitted Uses. The following uses shall be permitted as a use-by-right in the I-1 General Industrial District:

      (1)   Any industrial or manufacturing establishment, provided that any such permitted use shall comply with the minimum performance standards specified in Section 1266.04;

      (2)   Research and engineering laboratories;

      (3)   Wholesale establishments;

(Ord. 79-51. Passed 11-13-79.)

      (4)   Business offices, warehousing and distribution establishments, and related facilities, not including retail sales;

      (5)   Professional services, including, but not limited to, offices of physicians, lawyers, accountants, architects and members of similar professions; and

      (6)   Medical clinics and hospitals.

(Ord. 98-3. Passed 2-10-98.)

   (c)   Conditionally Permitted Uses.The following uses are permitted as conditional uses in the I-1 General Industrial District, subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Sections 1266.01 and 1268.05:

      (1)   Municipal or government buildings;

      (2)   Public utility substations or exchanges;

      (3)   Restaurants (sit-down and carry-out); and

(Ord. 79-56. Passed 11-13-79.)

      (4)   Personal wireless service facilities.

(Ord. 97-5. Passed 3-11-97.)

   (d)   Minimum Lot Area and Width. There shall be permitted zoning lots not less than 20,000 square feet in lot area. No lot width shall be less than 100 feet.

(Ord. 88-16. Passed 10-25-88.)

   (e)   Maximum Building Height. A structure with a minimum setback shall not exceed 40 feet in height. Structures exceeding minimum front yard setbacks shall be allowed a height of one foot for each two feet of setback from any property line, not to exceed 100 feet.

(Ord. 95-10. Passed 8-22-95.)

   (f)   Minimum Yards.

      (1)   Front. There shall be a minimum setback of 35 feet for all fully enclosed buildings not allowing vehicular access through a front wall, and a minimum setback of 50 feet for all other buildings and structures.

(Ord. 81-16. Passed 5-12-81.)

      (2)   Side. Structures with heights not exceeding forty feet shall have minimum side yards of ten feet, unless adjacent to an "R," "S-PUD" or "0" District, in which case the required side yard shall be 25 feet. Structures exceeding 40 feet in height shall have side yards the greater of either the above or twice the building height.

      (3)   Rear. Structures with heights not exceeding 40 feet shall have minimum rear yards of not less than 25 feet, unless adjacent to an "R," "S-PUD" or "0" District, in which case the required rear yard shall be 35 feet. Structures exceeding 40 feet in height shall have rear yards the greater of either the above or twice the building height.

(Ord. 95-10. Passed 8-22-95.)

      (4)   Abutting residential zones. Where any use in this zone abuts a residential zone, a minimum 25-foot wide landscaped edge shall be required in accordance with Section 1266.03(d).

(Ord. 81-16. Passed 5-12-81.)

   (g)   Required Off Street Parking.Off-street parking shall be required in accordance with the requirements specified in Section 1266.05.

   (h)   Minimum Design Standards. A minimum of 75% of the exterior building wall-face oriented towards the front lot line shall be a constructed with a decorative brick, stone, textured concrete block, EIFS (synthetic stucco) or similar building materials. Additions to existing buildings may continue with similar exterior material to maintain architectural continuity. All exterior building colors shall be of earth tone. Alternate materials will be reviewed and evaluated on the merit of their building design by the Planning Commission at the request of the property owner.

(Ord. 79-56. Passed 11-13-79; Ord. 04-15. Passed 7-13-04.)