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Fair Grove City Zoning Code

ARTICLE V

Zoning District Regulations

Section 405.260 "A-1" Agricultural District.

[Ord. No. 06-04-01 §501, 4-25-2006; Ord. No. 07-03-01, 3-19-2007; Ord. No. 07-08-03, 8-14-2007]
A. 
Permitted Uses. The "A-1" District allows for agricultural uses and related accessory uses in the more rural areas of Fair Grove.
1. 
Agricultural uses as defined in Section 405.100, provided that any building or enclosure in which farm animals or fowl are kept shall be three hundred feet (300) from any residential district.
2. 
Single-family detached dwellings on a lot with at least three (3) acres.
3. 
Single-family detached dwellings existing at the time the district is mapped.
4. 
Public utilities, transportation, pipeline and utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
5. 
Home occupations, in accordance with Article VII.
6. 
Accessory uses customary to and incidental to permitted agricultural uses and including temporary roadside stands for the sale of farm products grown on the premises or in the vicinity. Such roadside stand shall be set back from the roadway pavement at least twenty-five (25) feet to permit adequate ingress, egress and parking.
7. 
Accessory uses customary to and incidental to permitted non-agricultural uses, in accordance with the provisions of Article VI.
8. 
Temporary uses, in accordance with Article VI.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Golf courses, but not including miniature golf courses or driving ranges or any other form of commercial amusement.
2. 
Cemeteries and pet cemeteries.
3. 
Type I and II wireless telecommunications facilities, in accordance with the provisions of Article VI.
C. 
Lot Size Requirements.
1. 
Minimum lot area.
a. 
Agricultural uses. Ten (10) acres.
b. 
All other uses. Three (3) acres.
2. 
Minimum lot width. One hundred fifty (150) feet.
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Thirty-five (35) feet.
b. 
Accessory structure. Thirty-five (35) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Thirty-five (35) feet.
b. 
Side yard. Twenty (20) feet.
c. 
Rear yard. Thirty-five (35) feet.
d. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential single-family
25 feet plus the required yard setback
Local residential multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
E. 
Design Requirements.
1. 
All parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
A plot plan or site plan as defined in Article III meeting all provisions required shall be submitted for all uses.
3. 
A landscaping plan meeting the requirements of Article X shall be submitted and approved for all non-residential and non-agricultural uses.

Section 405.270 "R-1" Single-Family Residence District.

[Ord. No. 06-04-01 §502, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. The "R-1" District is intended primarily for single-family detached dwellings at densities of approximately three (3) dwelling units per acre. Other uses necessary to meet educational, governmental, religious, recreation and other neighborhood needs are permitted or allowed as conditional uses subject to restrictions intended to preserve the residential character of the district.
1. 
Single-family detached dwellings, stick built or modular construction, one (1) dwelling per lot.
2. 
Residential group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
3. 
Family day care homes.
4. 
Schools, elementary and secondary or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
5. 
Publicly owned or operated parks, playgrounds and community buildings.
6. 
Home occupations, in accordance with Article VII.
7. 
Police and fire stations.
8. 
Temporary uses, in accordance with Article VI.
9. 
Accessory uses, in accordance with Article VI.
10. 
Cluster subdivision in accordance with Article VI.
11. 
Public utilities and governmental buildings, including transformer stations, pumping stations, elevated water towers, water ground storage tanks, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
12. 
Keeping of six (6) or less chicken hens, in accordance with Article VI.
[Ord. No. 115 §4, 11-10-2015]
13. 
Keeping of honey bees (apiary), in accordance with Article VI.
[Ord. No. 115 §4, 11-10-2015]
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Single-family-semi-detached dwellings, in accordance with Section 405.360, Cluster Subdivision.
2. 
Museums, public art galleries and libraries, on a minimum two (2) acres of land.
3. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions. Such uses shall be located on a minimum of two (2) acres of land to provide sufficient area for off-street parking, bufferyards and proper site design to lessen impact on adjacent residential areas. Churches and other places of worship on less than two (2) acres of land at the time of adoption of this Chapter shall be considered conforming uses.
4. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
5. 
Type III, IV and V wireless telecommunications towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI.
6. 
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreation facilities, operated by a neighborhood or community organization or a property owners association.
7. 
Horses kept for the personal pleasure and/or use of the residents occupying the dwelling unit located on a minimum of three (3) acres, with a minimum fenced pasture area of two (2) acres per horse. Fencing shall be constructed of a material that will adequately maintain the horse on the property and that will minimize the potential of injury or accident to the horse. A horse barn or other suitable structure shall be provided within the fenced pasture area to provide shelter, with such shelter to be located at least one hundred fifty (150) feet from any adjoining residential zoned property. The shelter shall be kept in sanitary conditions at all times and shall not be allowed to accumulate refuse, rubbish, manure or other unsanitary materials. The applicant shall submit a site plan showing the location of the fenced pasture area, horse shelter and other structures on the property. No Farm Animals — see Section 405.460.
C. 
Lot Size Requirements.
1. 
Minimum lot area. Twelve thousand (12,000) square feet.
2. 
Minimum lot width. Eighty (80) feet (example: eighty (80) feet width requires one hundred fifty (150) feet depth).
3. 
Minimum lot depth. One hundred twenty-five (125) feet (example: one hundred twenty-five (125) feet depth requires ninety-six (96) feet width).
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Twenty-five (25) feet.
b. 
Accessory structure. Twenty-five (25) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. Eight (8) feet. On any lot that a side yard abuts a street, the minimum side yard setback shall be increased to twenty (20) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Accessory structure. Side and rear yard setback of eight (8) feet.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
4. 
Minimum open space. Not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas for non-residential uses shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
4. 
A plot plan or site plan as defined in Article III meeting all provisions required shall be submitted for all uses.
5. 
A landscaping plan meeting the requirements of Article X shall be submitted and approved for all non-residential uses.

Section 405.280 "R-2" Two-Family Residence District.

[Ord. No. 06-04-01 §503, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. This residential district is intended to accommodate a variety of single-family and two-family housing types at low to moderate densities of up to approximately five (5) dwelling units per acre. The district is also intended to serve as a transition between the less intense "R-1" District and the Multi-Family Residence Districts.
1. 
Single-family detached dwellings.
2. 
Duplex dwellings.
3. 
Family day care homes.
4. 
Residential group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
5. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
6. 
Publicly owned or operated parks, playgrounds and community buildings.
7. 
Home occupations, in accordance with Article VII.
8. 
Police and fire stations.
9. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
10. 
Temporary Uses, in accordance with Article VI.
11. 
Accessory Uses, in accordance with Article VI.
12. 
Public utilities and governmental buildings, including transformer stations, fire stations, pumping stations, elevated water towers, water ground storage tanks, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
B. 
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen. No farm animals allowed, refer to Section 405.460.
1. 
Conditional uses permitted in the "R-1" District.
2. 
Group day care homes.
3. 
Short term rentals.
[Ord. No. 176, 6-25-2019]
4. 
Cemeteries, on a minimum of ten (10) acres of land.
5. 
Type III, IV and V wireless telecommunications towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI.
C. 
Lot Size Requirements.
1. 
Minimum lot area.
a. 
Single-family dwellings. Twelve thousand (12,000) square feet per dwelling unit.
b. 
All other uses. Seven thousand (7,000) square feet (example: duplexes count as two (2) units, total fourteen thousand (14,000) square feet)
2. 
Minimum lot width. Seventy (70) feet.
3. 
Minimum lot depth. One hundred (100) feet.
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Twenty-five (25) feet.
b. 
Accessory structure. Twenty-five (25) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. Six (6) feet. On any lot that a side yard abuts a street, the minimum side yard setback shall be increased to twenty (20) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Accessory structure. Side and rear yard setback of six (6) feet.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
4. 
Minimum open space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas for permitted non-residential uses shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses except for single-family dwellings.
5. 
A plot plan or site plan as defined in Article III meeting all provisions shall be submitted for all uses.

Section 405.290 "R-3" Medium Density Multi-Family Residence District.

[Ord. No. 06-04-01 §504, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. The "R-3" Medium Density Multi-Family Residence District is intended to accommodate multi-family residential developments at up to approximately eight (8) dwelling units per acre.
1. 
Single-family detached dwellings existing at the time the district is mapped.
2. 
Duplexes.
3. 
Custodial group homes.
4. 
Family day care homes and group day care homes.
5. 
Residential group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
6. 
Three- and four-family dwellings, including conversions.
7. 
Town houses.
8. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions.
9. 
Schools, elementary and secondary or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
10. 
Publicly owned or operated parks, playgrounds and community buildings.
11. 
Home occupations, in accordance with Article VII.
12. 
Police and fire stations.
13. 
Accessory uses, in accordance with Article VI.
14. 
Temporary uses, in accordance with Article VI.
15. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
16. 
Public utilities and governmental buildings, including transformer stations, fire stations, pumping stations, elevated water towers, water ground storage tanks, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
B. 
Conditional Uses. The following uses shall be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Museums, libraries and art galleries.
2. 
Short term rentals.
[Ord. No. 176, 6-25-2019]
3. 
Cemeteries, on a minimum of ten (10) acres of land.
4. 
Type III, IV and V wireless telecommunications towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI.
C. 
Lot Size Requirements.
1. 
Minimum lot area.
a. 
Duplex dwellings. Seven thousand (7,000) square feet per dwelling unit.
b. 
Other uses. Four thousand (4,000) square feet per dwelling unit.
2. 
Minimum lot width. Sixty (60) feet.
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Thirty-five (35) feet.
b. 
Accessory structure. Thirty-five (35) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. Six (6) feet. On any lot that a side yard abuts a street the minimum side yard setback shall be increased to twenty (20) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Accessory structure. Side and rear yard setback of six (6) feet.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
4. 
Minimum open space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas for permitted non-residential uses shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses except for single-family dwellings.
5. 
A plot plan or site plan as defined in Article III meeting all provisions required shall be submitted for all uses.

Section 405.300 "R-4" High Density Multi-Family Residence District.

[Ord. No. 06-04-01 §505, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. The "R-4" Multi-Family Residence District is intended to allow for multi-family residential development with densities of up to approximately eleven (11) dwelling units per acre.
1. 
Single-family dwellings existing at the time the district is mapped.
2. 
Duplexes.
3. 
Multi-family dwellings.
4. 
Town houses.
5. 
Custodial group homes.
6. 
Family day care homes and group day care homes.
7. 
Residential group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
8. 
Short term rentals.
[Ord. No. 176, 6-25-2019]
9. 
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions.
10. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
11. 
Publicly owned or operated parks, playgrounds and community buildings.
12. 
Home occupations, in accordance with Article VII.
13. 
Police and fire stations.
14. 
Accessory uses, in accordance with Article VI.
15. 
Temporary uses, in accordance with Article VI.
16. 
Public utilities and governmental buildings, including transformer stations, fire stations, pumping stations, elevated water towers, water ground storage tanks, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
17. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
B. 
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Museums, libraries and art galleries.
2. 
Cemeteries, on a minimum of ten (10) acres of land.
3. 
Nursing and retirement homes.
4. 
Type III wireless facilities in accordance with the provisions of Article VI, provided that wireless towers sixty (60) feet or greater in height shall allow collocation of at least one (1) additional provider's facilities.
5. 
Other towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI.
C. 
Lot Size Requirements.
1. 
Minimum lot area. Three thousand (3,000) square feet per dwelling unit.
2. 
Minimum lot width. Sixty (60) feet.
3. 
Minimum lot depth. One hundred (100) feet.
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Thirty-five (35) feet.
b. 
Accessory structure. Thirty-five (35) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. Six (6) feet. On any lot that a side yard abuts a street the minimum side yard setback shall be increased to twenty (20) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Accessory structure. Side and rear yard setback of six (6) feet.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
4. 
Minimum open space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas for permitted non-residential uses shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses except for single-family dwellings.
5. 
A plot plan or site plan as defined in Article III meeting all provisions required shall be submitted for all uses.

Section 405.310 "R-MP" Manufactured Housing Park District.

[Ord. No. 06-04-01 §506, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. The "R-MP" Manufactured Housing Park District is established for manufactured housing developments at medium densities of up to approximately six (6) dwelling units per acre.
1. 
Manufactured housing parks.
2. 
Family day care homes and group day care homes.
3. 
Residential group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
4. 
Police and fire stations.
5. 
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities, on a minimum of five (5) acres of land.
6. 
Home occupations, in accordance with Article VII.
7. 
Accessory uses, in accordance with Article VI.
8. 
Temporary uses, in accordance with Article VI.
9. 
Public utilities and governmental buildings, including transformer stations, fire stations, pumping stations, elevated water towers, water ground storage tanks, lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
10. 
Type I and II wireless facilities, in accordance with Article VI.
B. 
Conditional Uses. The following uses are permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Clubhouses associated with any permitted use.
2. 
Cemeteries on a minimum of ten (10) acres of land.
3. 
Type III, IV and V wireless telecommunications towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article VI.
C. 
Use Limitations. In Manufactured Housing Park Districts, recreational vehicles shall not be occupied as dwellings and manufactured home sales lots shall not be permitted.
D. 
Minimum Tract Area Requirements. Where the district is established, the minimum area shall be ten (10) acres. The tract shall comprise a single parcel, except where the site is divided by a public street or where the total property includes separate parcels for maintenance and storage facilities and the like. All parcels involved shall be of sufficient size and dimensions to allow for efficient design and management.
E. 
Density And Lot Size Requirements.
1. 
Minimum lot area. Six thousand (6,000) square feet per dwelling unit.
2. 
Minimum lot width. Fifty (50) feet.
3. 
Minimum lot depth. One hundred twenty (120) feet.
4. 
Maximum density shall not exceed six (6) dwelling units per gross acre. Gross acreage shall include all land within the exterior boundaries of the tract.
F. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Twenty-five (25) feet.
b. 
Accessory structure. Twenty-five (25) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. Eight (8) feet. On any lot that a side yard abuts a street, the minimum side yard setback shall be increased to twenty (20) feet.
c. 
Rear yard. Twenty-five (25) feet.
d. 
Accessory structure. Side and rear yard setback of eight (8) feet.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Forty percent (40%).
4. 
Minimum open space. Not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
G. 
Design Requirements For Manufactured Housing Parks.
1. 
A site plan meeting the provisions of Article III shall be submitted for all uses.
2. 
Refuse storage areas, storage for maintenance and mechanical, electrical or other equipment incidental to any permitted non-residential use shall be screened from view.
3. 
Manufactured homes shall be placed on a permanent foundation. Skirting shall be placed around the manufactured home. The skirting shall be similar in appearance to the siding of the manufactured home or the materials used for permanent foundations.
4. 
Mechanical and electrical equipment shall be screened from view.
5. 
Lighting shall be designed to reflect away from adjacent residential districts.
6. 
There shall be at least fifteen (15) feet between manufactured homes or any other buildings located in a manufactured home park.
7. 
Off-street parking and vehicular use areas shall be provided in accordance with Article IX.
8. 
A landscaping and bufferyard plan, if applicable, meeting the requirements of Article X, shall be submitted and approved.

Section 405.320 "C-1" General Commercial District.

[Ord. No. 06-04-01 §507, 4-25-2006; Ord. No. 07-03-01, 3-19-2007; Ord. No. 07-08-02, 8-14-2007]
A. 
Permitted Uses. The following uses shall be permitted in the "C-1" General Commercial District. They shall be permitted only upon the condition that no manufacturing, processing or treating of products other than that which is clearly incidental and essential to retail business and where all such products are sold at retail on the premises.
[Ord. No. 127, 3-14-2017]
1. 
Arcades and game rooms, bowling alleys, theaters and other such similar place of entertainment, provided that no such building or premises is closer than fifty (50) feet to the boundary of any "R" district.
2. 
Ambulance service offices or garages.
3. 
Banks.
4. 
Bakeries and delicatessens, with on premise sales.
5. 
Boat sales.
6. 
Car wash.
7. 
Clinics, dental laboratories and similar medical service facilities.
8. 
Day care center.
9. 
Drive-in restaurant and other restaurant establishments.
10. 
Dry cleaning and laundromat.
11. 
Farm implement, sales and service.
12. 
Funeral home.
13. 
Greenhouse or nursery, on premises sales permitted.
14. 
Health and fitness centers, including dance studios.
15. 
Heating, air-conditioning and plumbing shop.
16. 
Library, museum, art gallery and similar uses.
17. 
Liquor store and tavern.
18. 
Medical marijuana dispensary facilities. (see Article VI) The buildings housing any of the uses permitted herein shall be at least fifty (50) feet from the boundary of any "R" District.
[Ord. No. , 11-12-2019[1]]
[1]
Editor's Note: Former Subsections (A)(18) through (A)(34), which immediately follow, where renumbered as Subsections (A)(19) through (A)(35), respectively.
19. 
Miniature golf courses and driving ranges not accessory to golf courses.
20. 
New or used automobile, trailer or motorcycle sales and service facilities, outside storage permitted, but excluding the wrecking of motor vehicles. The buildings housing any of the uses permitted herein shall be at least fifty (50) feet from the boundary of any "R" District.
21. 
Nursing care facilities.
22. 
Offices, clerical, research and services not related to goods and merchandise, such as offices of attorneys, physicians, other professions, insurance and stock brokers, travel agents and government.
23. 
Off-street parking lot.
24. 
Personal services such as barber or beauty shop, dressmaking, tailoring, shoe repair, household appliance repair, interior decorating, catering, photography studio, furniture repair and other similar uses.
25. 
Public utilities and buildings.
26. 
Retail sales and rental of goods, merchandise and equipment.
27. 
Self-service outdoor storage facilities provided that no activity other than the rental of storage spaces shall be conducted on the premises. Outdoor storage shall be limited to RV's, covered boats on their proper trailers, empty flatbed trailers equal to or less than twenty-four (24) feet in length, enclosed trailers equal to or less than twenty-four (24) feet in length, and in accordance with Section 405.320(E)(7).
28. 
Self-service storage facilities, provided that no activity other than the rental of storage units shall be conducted on the premises and there is no outdoor storage.
29. 
Service stations or gas stations, including repair shops.
30. 
Veterinarian and small animal hospital, provided there are no boarding facilities outside of the building.
31. 
Single-family detached dwellings existing at the time the district was mapped.
32. 
Accessory uses, in accordance with Article VI.
33. 
Temporary uses, in accordance with Article VI.
34. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
35. 
Short term rentals.
[Ord. No. 176, 6-25-2019]
B. 
Conditional Uses. The following uses are permitted as conditional uses, subject to the provisions of this Chapter and approval by the Board of Aldermen.
1. 
Motels and hotels, when located on a State or Federal highway.
2. 
Lumber yards.
3. 
Substance abuse treatment facilities.
4. 
Type V wireless facilities, in accordance with Article VI.
5. 
Other towers, exceeding one hundred (100) feet in height and related facilities, provided the maximum height does not exceed two hundred (200) feet, only one (1) tower is permitted on a lot and all other provisions of Article VI are met.
C. 
Lot Size Requirements.
1. 
Minimum lot area. No minimum.
2. 
Minimum lot width. No minimum.
3. 
Minimum lot depth. No minimum.
4. 
Maximum floor area ratio. One (1.0).
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Thirty-five (35) feet.
b. 
Accessory structure. Thirty-five (35) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Twenty-five (25) feet.
b. 
Side yard. None, except on the side of a lot adjoining any residential district, in which case a setback of six (6) feet shall be provided. See Section 405.400.
c. 
Rear yard. None, except on the side of a lot adjoining any residential district, in which case a setback of twenty-five (25) feet shall be provided.
d. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). Fifty percent (50%).
4. 
Minimum open space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to the use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses.
5. 
Lighting shall be designed to reflect away from adjacent residential districts.
6. 
A site plan in accordance with the provisions of Article III shall be submitted for all uses.
7. 
Self-service outdoor storage facilities must be fenced from view. Fence must be a minimum of six (6) feet in height. The surface of storage area facility must be paved with concrete, asphalt, paving stones, brick, or gravel.
[Ord. No. 127, 3-14-2017]

Section 405.330 "C-2" Historic Business District.

[Ord. No. 06-04-01 §508, 4-25-2006; Ord. No. 07-03-01, 3-19-2007; Ord. No. 07-08-03, 8-14-2007]
A. 
Permitted Uses. All uses permitted in the "C-1" General Commercial District shall be permitted in the "C-2" Historic Business District, except for the following uses which are prohibited:
[Ord. No. 176, 6-25-2019; Ord. No. 230, 5-10-2022]
1. 
Automobile, boat or other vehicle sales and rentals.
2. 
Ambulance services.
3. 
Drive-in restaurants.
4. 
Farm implement sales and service.
5. 
Miniature golf courses and driving ranges.
6. 
Commercial uses involving the outdoor storage of materials and supplies.
7. 
Car washes.
8. 
Funeral homes.
9. 
Substance abuse treatment facilities.
10. 
Type I and II wireless facilities.
B. 
Conditional Uses. The following uses shall be allowed as conditional uses in the "C-2" Historic Business District:
1. 
Residences as accessory uses in upper stories of multiple story structures where ground floor space is occupied by or intended to be occupied by uses permissible in the "C-2" District.
2. 
Minimum square footage per dwelling unit shall be seven hundred fifty (750) square feet.
C. 
Lot Size Requirements.
1. 
Minimum lot area. No minimum.
2. 
Minimum lot width. No minimum.
3. 
Minimum lot depth. No minimum.
D. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height.
a. 
Primary structure. Forty (40) feet.
b. 
Accessory structure. Forty (40) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. None.
b. 
Side yard. None. See Section 405.400.
c. 
Rear Yard. None.
d. 
Accessory structure. None.
e. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). None.
4. 
Minimum open space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to the use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses.
5. 
Lighting shall be designed to reflect away from adjacent residential districts.
6. 
A site plan in accordance with the provisions of Article III shall be submitted for all uses.
7. 
Approval of exterior alterations and demolitions must be procured from the Fair Grove Planning and Zoning Commission making their recommendation to the Board of Aldermen for final approval prior to commencement of any work.
[Ord. No. 253, 8-22-2023]

Section 405.340 "M-1" Industrial District.

[Ord. No. 06-04-01 §509, 4-25-2006; Ord. No. 07-03-01, 3-19-2007]
A. 
Permitted Uses. The following uses shall be permitted in the "M-1" Industrial District:
1. 
Warehousing and the manufacture, processing, assembly, packaging or treatment of goods and materials, provided that there shall be no offensive noise, dust, smoke, odors, heat or glare noticeable at or beyond the property line and not more than ten percent (10%) of the lot is used for the open storage of products, materials and equipment.
2. 
Retail sales of products made on site.
3. 
Public uses, buildings and utilities.
4. 
Lumber yards.
5. 
Type I and II wireless facilities, in accordance with the provisions of Article VI.
6. 
Type III wireless facilities in accordance with Article VI, provided that towers sixty (60) feet or greater in height shall allow collocation of at least one (1) additional provider's facilities.
7. 
Type IV wireless facilities in accordance with Article VI, provided wireless towers are setback from any residential district at least two (2) feet for every one (1) foot of tower height and allow collocation of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
8. 
Medical marijuana cultivation facilities. (see Article VI)
[Ord. No. 184, 11-12-2019]
9. 
Medical marijuana dispensary facilities. (see Article VI)
[Ord. No. 184, 11-12-2019]
10. 
Medical marijuana-infused products manufacturing facilities. (see Article VI)
[Ord. No. 184, 11-12-2019]
11. 
Medical marijuana testing facilities. (see Article VI)
[Ord. No. 184, 11-12-2019]
12. 
Medical marijuana transportation facilities. (see Article VI)
[Ord. No. 184, 11-12-2019]
B. 
Conditional Uses. The following uses shall be permitted as "conditional uses" in the "M-1" Industrial District:
1. 
Warehousing and manufacturing activities where more than ten percent (10%) of the lot is used for the open storage of products, materials and equipment, provided that there shall be no offensive noise, dust, smoke, odors, heat or glare noticeable at or beyond the property line.
2. 
Accessory residential structure for a resident watchman and/or caretakers employed on the premises.
3. 
Acid manufacture, provided that no such facility shall be located within five hundred (500) feet of any residential district.
4. 
Cement, lime, gypsum or plaster of paris manufacture.
5. 
Explosives manufacture or storage. All explosives manufacture or storage shall be subject to the minimum requirements and regulations of the Bureau of Alcohol, Tobacco and Firearms Publication ATFP 5400.7 (6/1990) or any subsequent amendments.
6. 
Scrap and salvage yards and automobile wrecking yards, provided that no such use shall be located within five hundred (500) feet of a residential district.
7. 
Refining of petroleum or its product.
8. 
Type V wireless facilities, in accordance with the provisions of Article VI.
9. 
Recycling centers.
C. 
Use Limitations.
1. 
No use or operation shall disseminate dust, smoke, fumes, gas, vibration, noxious odors or glare at or beyond the property line.
2. 
No use or operation shall produce noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point.
3. 
No use or operation shall create fire hazards on surrounding property.
4. 
Storage maintained outside a building shall be screened from public streets and other property, except property located in a "M-1" District.
5. 
All outdoor storage shall be at least two hundred (200) feet from any residence district.
D. 
Lot Size Requirements.
1. 
Minimum lot area. No minimum.
2. 
Minimum lot width. One hundred (100) feet.
3. 
Minimum lot depth. No minimum.
4. 
Maximum floor area ratio: One and one-half (1.50).
E. 
Height, Bulk And Open Space Requirements.
1. 
Maximum structure height. Forty-five (45) feet.
2. 
Minimum yard requirements (additional bufferyard may be required according to Article X, Screening, Buffering and Landscaping Requirements).
a. 
Front yard. Thirty-five (35) feet.
b. 
Side yard. None, except on the side of a lot adjoining a residential district, in which case a ten (10) foot setback shall be provided. See Section 405.400.
c. 
Rear yard. None, except on the side of a lot adjoining a residential district, in which case a twenty-five (25) foot setback shall be provided.
d. 
In no event shall a structure be erected closer to the right-of-way centerline of an existing or planned street than as established in the following table:
STREET CLASSIFICATION
REQUIRED SETBACK FROM RIGHT-OF-WAY CENTERLINE
Highway
60 feet plus the required yard setback
Arterial
45 feet plus the required yard setback
Collector — "R-1", "R-2", "R-3" and "R-4"
30 feet plus the required yard setback
Collector — "C-1", "C-2" and "M-1"
30 feet plus the required yard setback
Local residential — single-family
25 feet plus the required yard setback
Local residential — multi-family
30 feet plus the required yard setback
3. 
Maximum building coverage (including accessory structures). None
4. 
Minimum open space. Not less than fifteen percent (15%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
F. 
Design Requirements.
1. 
All off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
2. 
All off-street parking and vehicular use areas shall be screened from all residential uses in accordance with Article X.
3. 
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to the use shall be screened from public view.
4. 
A landscaping plan, including bufferyard plan if applicable, meeting the requirements of Article X, shall be submitted for all uses.
5. 
Lighting shall be designed to reflect away from adjacent residential districts.
6. 
All outdoor storage, except the storage of motor vehicles in operating condition, shall be enclosed by screening, except where the lot adjoins another "M-1" zoned property. Off-street parking and loading spaces and the storage of motor vehicles in operating condition, shall be enclosed when such use abuts a residence district or is separated from a residence district by only an alley.
7. 
All salvage and scrap yards and automobile wrecking yards shall be enclosed by a solid board fence or wall not less than ten (10) feet high of new material and well-maintained.
8. 
A site plan in accordance with the provisions of Article III shall be submitted for all uses.

Section 405.350 Planned Unit Developments.

[Ord. No. 06-04-01 §510, 4-25-2006]
A. 
Purpose And Intent.
1. 
The purpose and intent of the planned unit development regulations is to provide for the compatible development of two (2) or more different land uses within a single site. This combination of traditional zoning classifications under one (1) development is designed to permit greater flexibility and should benefit both the developer and the public interest.
2. 
It is not the intent of these regulations to circumvent traditional zoning classifications, increase the average density or uses beyond that which is provided for in other Sections of the zoning regulations or allow development which is not compatible with the principles of the Comprehensive Plan. These regulations should provide for a greater flexibility in the design of yards, courts, buildings and circulation than would otherwise be possible through the strict application of district regulations in order to provide the opportunity for:
a. 
A pattern of development which preserves trees, outstanding natural topographic and geologic features and prevents soil erosion.
b. 
A creative approach to the use of land and related physical development.
c. 
Open space and/or recreation areas.
d. 
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower building and maintenance costs.
e. 
An environment of stable character that is in harmony with surrounding development and that creates a sense of place.
f. 
A more desirable environment than would be possible through the strict application of other Sections of this Chapter.
3. 
The Commission and subsequently the Board of Aldermen may exclude any restrictions or conditions. Consideration may be given but not be limited to the compatibility and relationship of land uses adjacent to or in close proximity to the proposed development, overall impact of the proposed development upon the community and the proposed development's conformance with the principles of the Comprehensive Plan.
B. 
Application Of Planned Unit Development. A planned unit development zone may be proposed for any location in the City if it is in accordance with the provisions of this Article.
C. 
Effect Of Planned Unit Development Approval. Approval by ordinance of a planned unit development zone shall constitute an amendment to the zoning regulations. Approval of a planned unit development shall supersede all existing and prior zoning classifications. Property approved for planned unit development shall be identified with the letters "PUD" followed by the corresponding zoning case number.
D. 
Planned Unit Development Requirements. All planned unit development districts shall, at a minimum, satisfy the following standards and requirements:
1. 
Permitted uses. The planned unit development must contain a minimum of two (2) different land uses or intensities from the following list:
a. 
"R-1" Single-Family.
b. 
"R-2" Two-Family.
c. 
"R-3" Medium Density Multi-Family.
d. 
"R-4" High Density Multi-Family.
e. 
"C-1" General Commercial.
2. 
Development intensity. The intensity of the planned unit development as a whole or by subarea shall not exceed that allowed in the comparable zoning district of the allowed uses and shall further be governed by the following:
a. 
For non-residential development, the intensity of development may be regulated by:
(1) 
Specifying an appropriate Floor Area Ratio(s) (FAR),
(2) 
Specifying maximum square footage or gross leasable area,
(3) 
Specifying setbacks, height and bulk restrictions,
(4) 
A combination of such restrictions for the project as a whole or for components or subareas within the project.
(5) 
In addition, non-residential development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of commercial and other non-residential activities.
b. 
The residential density of a project shall be computed in accordance with the following formula:
Maximum number of dwelling units = Entire area of the property to be utilized for residential purposes multiplied by the maximum district(s) in effect for the property at the time of ("PUD") district application.
ZONING DISTRICT
MINIMUM LOT AREA PER DWELLING UNIT
"R-1" Single-family
12,000 square feet
"R-2" Two-family
7,000 square feet
"R-3" Multi-family
4,000 square feet
"R-4" Multi-family
3,000 square feet
"C-1" Commercial
Residential not permitted
3. 
Public facilities. All uses within the planned unit development are required to be connected to public utilities including: water, sewer, electric, gas and telephone. If these facilities are not available at the time of development, it shall be the responsibility of the developer to provide them unless stipulated otherwise by the Board of Aldermen.
4. 
Access to public streets.
a. 
All uses within the planned unit development are required to be connected to public streets. If additional roads or streets are required, it shall be the responsibility of the developer to construct them to the standards of the City of Fair Grove unless stipulated otherwise by the Board of Aldermen. In addition, certain uses may not be developed unless access is provided to a specific street classification as set forth in the following table.
b. 
In addition to these minimum standards, no one- or two-family residential dwelling units should have direct access to any street classified as secondary arterial or higher.
LAND USE
MINIMUM STREET CLASSIFICATION
"R-1" Single-family
Local
"R-2" Two-family
Local
"R-3" and "R-4" Multi-family
Collector
"C-1" General commercial
Secondary arterial
5. 
Parking. Unless specifically modified by the planned unit development amendment, the parking requirements of Article IX shall apply. Reductions in parking requirements shall be approved only if it can be demonstrated that parking demand will be less due to the design and character of the planned unit development.
6. 
Perimeter treatment. The planned unit development amendment shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The Board of Aldermen may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
E. 
Procedure For Planned Unit Development Approval. Applications for planned unit development shall be processed, reviewed and approved pursuant to the procedures prescribed in Article III.