Fate City Zoning Code

ARTICLE IV

- USE STANDARDS

Sec. 36-4.1 - Table of allowed uses

4.1.1. Purpose. Table 4.1-1, Table of Allowed Uses below list the uses allowed within all base and special zoning districts. Accessory and temporary uses are summarized in Tables 4.3-1, Use Table for Accessory Uses and Structures and 4.4-1, Use Table for Temporary Uses and Structures. All uses are defined in Article XII, Definitions. Approval of a use listed in this article, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property or structure for any other use not specifically allowed in this article and approved under the appropriate process is prohibited, except in cases where the Administrator interprets a proposed use as compatible with or closely similar to a use listed in this article (see Section 4.1.4).

4.1.2. Explanation of Use Table Abbreviations.

(1)

PERMITTED BY-RIGHT USES: "■" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Ordinance, including the supplemental use standards in this article and the requirements of Article V, Design and Development Standards.

(2)

USES REQUIRING A SPECIFIC USE PERMIT: "□" in a cell indicates that, in the respective zoning district, the use is allowed only if issued a Specific Use Permit, in accordance with the procedures of Section 2.5.3, Specific Use Permits. Uses requiring a Specific Use Permit are subject to all other applicable regulations of this Ordinance, including the supplemental use standards in this article and the requirements of Article V, Design and Development Standards.

(3)

PROHIBITED USES: A blank cell indicates that the use is prohibited in the respective zoning district.

(4)

ADDITIONAL USE STANDARDS: Regardless of whether a use is allowed by right, or permitted with a Specific Use Permit, there may be supplemental standards that are applicable to the use. The applicability of these standards is noted through a cross-reference in the last column of the table. An asterisk [*] in a cell indicates that the use, whether permitted by right or as a special use, is permitted subject to additional use standards in that district. Cross-references refer to Section 4.2, Additional Use Standards, Section 4.3.6, Additional Accessory Use Standards, and Section 4.4.5, Additional Standards for Temporary Uses and Structures.

(5)

ALLOWED LAND USES IN PLANNED DEVELOPMENT DISTRICTS: Land uses in a Planned Development district are permitted as follows:

(a)

If the PD Concept Plan specifically references a base zoning district:

Any land use permitted by right in the applicable underlying base zoning district, as amended, may be permitted.

ii.

Any land use requiring a Specific Use Permit in the applicable underlying base zoning district, as amended, is only allowed if a Specific Use Permit is issued for the use.

(b)

The PD district may list the permitted, prohibited, and Specific Use Permit uses separately.

(c)

A combination of the above.

4.1.3. Use Table Organization. In Table 4.1-1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within these use categories, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

4.1.4. Classification of New and Unlisted Uses. The City recognizes that new types of land uses will arise and forms of land use not anticipated in this Ordinance may seek to locate in the City. When application is made for a use category or use type that is not specifically listed in the appropriate use table, the Administrator shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:

(1)

The Administrator shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Administrator shall consider all relevant characteristics of the proposed use, including but not limited to the following:

(a)

The actual or projected characteristics of the proposed use;

(b)

The volume and type of sales, retail, wholesale, etc. for commercial uses;

(c)

The size and type of items sold and nature of inventory on the premises;

(d)

The type and number of customers and employees;

(e)

The hours of operation;

(f)

The size and arrangement of buildings and parking on the site;

(g)

The amount of parking needed and estimate of trips generated by the proposed use;

(h)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, or distribution;

(i)

Any dangerous, hazardous, toxic, or explosive materials used in the processing;

(j)

The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process inventory and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);

(k)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;

(l)

Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(m)

The effect on adjacent properties created by the proposed use type, which should not be greater than that of other use types in the zoning district.

(2)

Standards for new and unlisted uses may be interpreted as those of a similar use.

(3)

Appeal of the Administrator's decision shall be made to the Zoning Board of Adjustment following procedures of Section 2.5.6, Zoning Variances and Appeals.

(4)

The Administrator may periodically request amendments to this Ordinance to incorporate newly listed uses into Article IV, Use Standards and Article XII, Definitions.

4.1.5. Table of Allowed Uses.

4.1-1 Table of Allowed Uses
■ = Permitted by Right □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Use Category	Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Category	Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Residential Uses
Household Living	Dwelling, single-family detached	■	■	■	■	■		■								■*	■*		4.2.1(1)
	Dwelling, duplex			■	■	■	■									■	■
	Dwelling, townhouse (SF attached or multifamily)					■*	■*		□*	□*						■*	■*		4.2.1(2)
	Dwelling, live/work						■*		■*							■*	■*	■*	4.2.1(3)
	Dwelling, multifamily (4 DU/lot or fewer)					□*	■*		□*							■*	■*		4.2.1(4)
	Dwelling, multifamily (more than 4 DU/lot)						■*			□*						■*	■*	■*	4.2.1(4)
	HUD-Code manufactured home							■
	Mixed Use, Vertical						■		■	□	□				■	■	■	■
	Industrialized Housing							■
Group Living	Assisted living facility (≤6 residents)	■	■	□	□	□	■		□							■	■
	Assisted living facility (≥7 residents)						□			□				□		□	□
	Boarding house, fraternity or sorority house, private dorm						■										■	■
	Community, group or foster home	■	■	■	■	■	■	■								■	■
	Independent senior living facility						□*			■*				■*		■*	■*		4.2.1(5)
	Nursing home						□		□	■				■	□	□
Public and Institutional Uses
Civic and Cultural Facilities	Art gallery or museum								■	■			■	□	□	□	□	■
	Special purpose recreational institution								□	■	■		□	■	□		□	□
	Civic, social, philanthropic, or fraternal organizations								□	■				■	■	□	■	□
	Labor or political organizations								■	■	■			■	■	■
	Business or professional organizations								■	■	■			■	■	■
	Religious Assembly and Institutions	□	□	□	□	□	□	□	■	■	■	□	□	■	■	■	■	■*	4.2.2(1)
Parks and Recreation Facilities	Community Garden	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Farmers' Market	■	■				■		■	■			■	■	■	■	■	■
	Park, playground, or nature preserve	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Recreation Center								■	■	■		■	■	■	■	□	□
Health and Human Services	Clinics and labs								■	■	■			■	■	■
	Nursing and other rehabilitative services								□	■				■	■	■
	Hospital									■	■			■	■
	Social assistance and welfare services								■	■				■
	Funeral homes and services (with or without cremation services)								■*	□		■							4.2.2(2)
	Cemetery	■												■
Public and other government functions	Legislative and executive functions								■	■	■		■	■	■	■	■	■
	Courts (local, state and federal)									■			■	■	■			□
	Correctional institutions									□				□				□
	Public safety facility	■							■	■	■	■	■	■	■	■		■
	Other government functions	□							□	■	■	■	■	■	■	□		■
Educational service establishments (public and private)	Child day care	■	■				■		■	■*				■	■	■	■		4.2.3(1)
	Nursery and pre-school	■	■	■	■	■	■	■	■	■*				■	■	■	■		4.2.3(1)
	Elementary and Middle Schools	■	■	■	■	■	■	■	■				■	■	□	■	■
	High Schools	■	■	■	□	□	□	□	■	■	■		■	■	■	■
	Colleges and Universities	□								■	■			■	■
	Technical, trade, and specialty schools	□							□	■	■	■		■	■
Commercial Uses
Agricultural Uses	Crop production	■	■	■	■
	Support functions for agriculture	■	■							■	□	■
	Greenhouse, nursery, floriculture (wholesale)	■	■							□	■	■
Animal production and ranching	Cattle ranches	■	□
	Sheep and goat farming	■	□
	Livestock	■	□
	Fish hatcheries, aquaculture	■	□									■
	Apiculture	■	■									■
	Horse and equine farming	■	■
Animal related services	Veterinary clinic	■*							■*	■*					■*	■*			4.2.4(1)
	Animal hospital	■								■	■	■
	Kennels, commercial	■								■*		■							4.2.4(2)
	Stables, commercial	■
	Pet and animal-related sales and services (including grooming and care)	■							■*	■*					■*	■*	■*		4.2.4(3)
	Any animal related service with outdoor pens or runs	■								□		□
Auto-related sales and service	Motor vehicle sales, new									□
	Motor vehicle sales, used									□		□
	Large vehicle sales & service									□		□
	Specialty vehicle sales, new									□					□
	Specialty vehicle sales, used									□
	Auto repair and service, minor								□*	■*					■*				4.2.4(4)
	Auto repair and service, major									□*		■*							4.2.4(5)
	Car and truck wash									■*		■*							4.2.4(6)
	Auto-related parts and accessory sales								■*	■*					■*				4.2.4(7)
	Gasoline sales pumps								□*	■*		■*			□*				4.2.4(8)
Retail Sales	Furniture and home furnishings								□	■					■
	Building materials, Home and Garden Centers								□	■					■
	Swimming pool, spa, and accessory sales and service								□	■		■			■
	Department store, superstore, or warehouse club									■					■
	Electronics and appliances								■	■					■	□		■
	Durable consumer goods sales (computers, clothing, art supplies, florist, shoes, jewelry, etc.)								■	■					■	□		■
	Grocery store or supermarket (includes beer and wine sales as accessory use)								■	■					■	□		□
	Small-Box Discount Store (includes beer and wine sales as accessory use)								□*	□*									4.2.4(9)
	Convenience store (includes beer and wine sales as accessory use)								■	■					■			■
	Off-premises alcohol sales (as primary use)								□	■					■	□		■
	Off-premises beer and wine sales (as a primary use)								■	■					■	□		■
	Pharmacy or drug store								■	■					■	■		■
	Cosmetics and beauty supplies								■	■					■			■
	Firearm sales									■					□
	Pawn shop									□
	Used goods sales									□					□			□
	Specialty retail and paraphernalia sales									□*					□*				4.2.4(10)
	Any retail sales use with outdoor storage									■*					■*				4.2.4(11)
	Any retail sales use with gasoline sale pumps								□*	■*					□*				4.2.4(8)
	Any retail sales use with drive-thru facilities								□*	■*					■*				4.2.4(12)
Financial and Real Estate Services	Banks, investment, or financial institution (without drive-thru service)								■	■					■	■		■
	Banks, investment, or financial institution (with drive-thru service)								□*	■*					■*				4.2.4(12)
	Alternative Finance institution									□*									4.2.4(13)
	Real estate services								■	■					■	■	■	■
	Property management services								■	■	■				■			■
Rental and Leasing	Car rental									□*		■*							4.2.4(14)
	RV, trailers, and truck rental									□*	□*	■							4.2.4(15)
	Recreational and consumer goods rental									■					□
	Commercial and industrial machinery leasing and rental									□		■
	Video, music, or software rental								■	■					■			■
Food and Beverage Services	Full-service restaurant								■	■					■	□		■
	Café or self-service restaurant								■	■					■	□	■	■
	Restaurant with take-out or delivery only								■	■					■			■
	Snack, coffee, juice, ice cream, or specialty food sales								■	■	□				■	□	■	■
	Catering service								■	■	■	■			■
	Bar or drinking establishment								□	■					■	□		■
	Food truck pod								■	□	■						■	■
	Any food and beverage establishment with drive-thru facility								■*	■*					■*				4.2.4(12)
	Any food and beverage establishment with outdoor or sidewalk service								■*	■*					■*	□*	□*	■*	4.2.4(16)
Lodging Facilities	Bed and breakfast establishment	■*	■*													■*	■*	□*	4.2.4(17)
	Motel									□ ^*									4.2.4(18)
	Limited Service Hotel									■*					□*				4.2.4(19)
	Full Service Hotel									■*					■*			□ ^*	4.2.4(20)
	Residence Hotels
	Trailer Camp/RV Park	□*																	4.2.4(21)
Business, Professional, and Technical Services	Call centers									■	■				■	■
	Offices for business, professional, or technical services								■*	■	■				■	■*	■	■	4.2.4(22)
	Offices for administrative services								■*	■					■	■*	■	■	4.2.4(23)
	Services related to buildings (janitorial, landscaping, cleaning, etc.)								□	■	■	■
	Medical and dental offices								■	■	□			■	■	■	■	■
Personal Services	General personal service (except those listed below)								■	■					■	■	■	■
	Bail bond service									□		□
	Tattoo parlor or piercing studio									□		■
Recreation and Entertainment Uses (Indoor)	Banquet or meeting facility									■	□				■
	Fitness club, gym, or sports club								■	■	■				■			■
	Games arcade								■	■					■			■
	Skating rink (ice, roller skating, etc.)								□	■	■				■
	Bowling, billiards, pool, bingo, etc.									■	□				■	■		□
	Shooting club (indoor)	□								■		■
	Theater (movie, music, drama, or dance)								■	■	■		□		■			■
	Recreation, indoor (other than listed)	□							□	□	□	□	□		□			□
Recreation and Entertainment Uses (Outdoor)	Outdoor Amusement establishment	□								■					■
	Golf course or Country Club	■											□
	Shooting club (outdoor)	□
	Miniature golf establishment									■					■
	Major tourist attraction									□	□	□			□
	Recreation, outdoor (other than listed)	□								□	□	□			□
Other Commercial Uses	Surface parking lots								□*	□*	□*	■*			■*				4.2.4(24)
	Structured parking									■*	■*	■*	■*	■*	■*	■*		■*	4.2.4(25)
	Sexually oriented business											■*							4.2.4(26)
Industrial Uses (see 4.2.3(27) for outside storage standards)
Manufacturing Uses	Food and beverage processing with no animal slaughtering										■	■
	Winery and taste room	■								■	■	■			■			■
	Microbrewery, micro-distillery									■*	■*	■*			■*			■*	4.2.4(28)
	Paper and printing materials										■	■
	Furniture and related products										■	■
	Machinery, appliance, electrical equipment, electronics, and components											■
	Transportation equipment and automobiles											■
	Miscellaneous manufacturing (jewelry, toys, games, office supplies, custom crafts, etc.)										■	■
	Artisan industry										■	■			■		■*	■*	4.2.4(29)
Warehouse and storage	Cold storage plant											■
	Distribution center or warehouse											□
	Self-storage or mini-storage											□
Construction- related businesses	Machinery related contractors' yards and storage											■
	Specialty trade contractors									□	■	■
	Asphalt or concrete batch plant											□
Transportation- related uses	Air transportation related uses											■
	Rail transportation related uses									□	■	■	■		□
	Other local, regional, intercity transportation uses (public and commercial)								□	□	■	■	■	□	■	□		■
	Taxi and limousine service									■		■
	Courier, messenger, and postal services								■	■		■				■
	Truck and freight transportation services											□
Utilities and Utility Services	Utility lines, towers or metering/pumping station	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Sewer, solid waste, recycling, and related services											■
	Natural gas, petroleum, fuel related services											■
	Electric utility services (includes generating plants and substations)											□
	Telecommunications equipment and facilities (building-mounted)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.2.4(30), (31)
	Telecommunications towers	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	4.2.4(30, 31, 32)
	All other utility related uses (other than listed)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

(Ord. No. O-1785, § 1, 11-6-2017; Ord. No. O-2018-047 § 1, 9-4-2018; Ord. No. O-2018-054, § 1, 10-1-2018; Ord. No. O-2021-037, § 2, 9-7-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 8(Exh. A), 7-1-2024)

Sec. 36-4.2 - Additional Use Standards

The standards in this section apply as noted in Tables 4.1-1 Table of Allowed Uses.

4.2.1. Residential Uses.

(1)

Dwelling, single-family detached:

(a)

In the MUT and NT zones, single-family detached residential lots shall not exceed 40 feet in width.

(2)

Dwelling, Town House (single-family attached or multifamily):

(a)

The townhouse is a small- to medium-sized building (under 6,000 sq. ft.) composed of 2—8 attached dwelling units with either each dwelling unit on its own fee-simple lot (single-family attached) or all units on one lot (multifamily).

(b)

Townhomes shall comply with the standards for residential building types in Article V, Design and Development Standards.

(3)

Dwelling, Live/Work:

(a)

The Live/Work Building is a small to medium-sized (under 6,000 sq. ft.) attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for office, personal service, or low-impact retail uses.

(b)

In a mixed-use development or building, a live/work dwelling is considered a non-residential use.

(4)

Dwelling, Multifamily:

(a)

All multifamily dwellings shall comply with the standards for residential building types in Article V, Design and Development Standards.

(b)

The street-facing half of the ground floor of any multifamily building abutting FM 551 (meaning at least 50% of the gross ground floor area, comprising all of the facade facing the street where there is no other occupied building between the street and multifamily structure) shall be wholly comprised of non-residential uses.

(5)

Independent Senior Living Facility:

(a)

In the INS district, this use shall be in conjunction with a medical center, nursing, or similar facility.

(b)

Shall comply with the standards for residential building types in Article V, Design and Development Standards.

4.2.2. Public and Institutional Uses:

(1)

Religious Assemblies and Institutions:

(a)

In the OTC district, shall only be permitted in the area north of SH 66.

(2)

Funeral homes and services (with or without cremation services):

(a)

In the NC zone, cremation services are not permitted.

4.2.3. Educational Service Establishments:

(1)

In the GC zone, child day care or nursery and pre-school shall be permitted when accessory to an existing permitted use (for example, a church or office with a mid-week day care).

4.2.4. Commercial Uses:

(1)

Veterinary Clinic:

(a)

In the NC, GC, MU, and MUT districts:

Commercial breeding is not permitted.

ii.

Uses shall be entirely enclosed, properly ventilated, and provide sound barriers and odor protection to adjacent properties and users nearby or within the same development.

(2)

Kennel, Commercial: Outdoor runs are not permitted in the GC district unless with an SUP.

(3)

Pet and animal-related sales and services (including grooming and care):

(a)

Outdoor runs are not permitted in any district except in the A district, where outdoor runs may be permitted with a SUP only.

(4)

Auto repair and service, Minor:

(a)

Spray painting or bodywork is not permitted. Dismantling, remanufacturing, or rebuilding are not allowed.

(b)

Outside storage or display of products or vehicles shall be prohibited.

(c)

Repair or installation work shall be conducted completely within a building.

(d)

Service bays that face any residential uses or public right-of-way shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(e)

In the MU District and PD Districts, Auto repair and service, Minor uses:

May only be permitted when specifically identified on the Concept or Development Plan;

ii.

Service bays shall not be oriented along pedestrian-oriented streets; and

iii.

A pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(5)

Auto repair and service, Major:

(a)

Outdoor storage or display of products along any highway frontage or is visible from any highway frontage shall be prohibited. All storage shall be located within the rear yard and screened from adjacent properties and any public right-of-way.

(b)

Repair or installation work must be conducted completely within a building.

(c)

(6)

Car and truck wash: Wash bays and vacuum bays facing a public street or residential uses shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(7)

Auto-related parts and accessory sales:

(a)

No outside storage or display of any merchandise.

(b)

In the MU or MUT District, auto-related parts, and accessory sales:

Shall provide a pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street.

(8)

Gasoline sales pumps: Any use involving the retail sale of gasoline must comply with the following standards:

(a)

A gas station shall be located on a parcel which abuts a collector or arterial street. The parcel shall have at least 200 feet of frontage for each abutting street as measured along the front lot line of the abutting street.

(b)

No more than two gas stations shall be located at any street intersection in order to reduce the number of driveways and turning movements and to minimize the potential for vehicle accidents. The minimum distance between gas stations not located at the same intersection shall be a minimum of 500 feet, which shall be measured from property line to property line.

(c)

A gas station shall be located at least 400 feet from an existing school, park, playground, museum, or place of public assembly, which shall be measured from property line to property line.

(d)

Gasoline pumps and pump islands shall not be located within the required building setbacks.

(e)

Gas pumps and canopies shall not be located on the site adjacent to any residential uses. This use shall require screening in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(f)

Canopies shall comply with the following requirements:

The canopy shall be constructed of noncombustible materials, open on not less than two sides and the outside edge of the canopy located not closer than 10 feet to any side or rear property line nor closer than 25 feet from the front property line.

ii.

The canopy shall have a minimum clearance height of 14 feet and a maximum overall height of 18 feet.

iii.

The support posts for the canopy shall be placed so as not to be a traffic hazard for vehicles using the premises and not in any regularly used portion of the property used by vehicles.

iv.

Canopy lighting shall be completely recessed within the canopy so that the light source is not visible from off the site.

(g)

Vehicle parking spaces at the pump island may be counted as part of the overall required parking spaces for the property.

(h)

All on-site activities except those to be performed at the fuel pumps must be performed within a completely enclosed building.

(i)

Merchandise offered for sale may be displayed adjacent to the gasoline pump islands and canopy supports.

(j)

Specific to the MU District:

May only be permitted when specifically identified on the Concept or Development Plan and in conjunction with another use such as a convenience store or grocery store; and

ii.

A pedestrian entrance to the principal building on the site from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(9)

Small-Box Discount Stores:

(a)

Incidental outdoor display is prohibited at all small-box discount stores.

(b)

This use may be permitted by specific use permit ("SUP") only. In addition to the criteria for a SUP set forth in Section 2.5.3(3)(h), when reviewing a request for SUP for a small-box discount store use, the City Council shall consider:

Whether the proposed small-box discount store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.

ii.

The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.

iii.

Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

(c)

A nonconforming small-box discount store in existence on September 7, 2021, may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a SUP provided the nonconforming small-box discount store has not been terminated as provided in Section 11.2.4, Loss of Nonconformity Status, and the use complies with all other applicable regulations.

(10)

Specialty Retail and Paraphernalia sales:

(a)

Any establishment with gross monthly sales of Specialty Retail and Paraphernalia sales representing more than 25 percent of total sales shall only be permitted with a SUP.

(b)

May not be located within 1,000 feet of a public or private school, church, park, or hospital, which shall be measured from property line to property line.

(c)

Specialty Retail and Paraphernalia items shall be as defined in Article XII, Definitions.

(11)

Any retail sales use with outdoor storage:

(a)

Outdoor storage or display of products along any highway frontage or is visible from any highway frontage shall be prohibited. All storage areas shall be located within the rear yard and screened from adjacent properties and any public right-of-way.

(b)

If adjacent to any residential uses, they shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(12)

Any use with drive-thru facilities:

(a)

Drive-thru facilities shall have no more than one driveway per street frontage.

(b)

Specific to the NC or GC district: Drive-thru lanes facing, backing, or siding a public street or residential uses shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(c)

Specific to the MU district:

May only be permitted if specifically identified on a Concept or Development Plan.

ii.

Shall meet the design standards for drive-thru uses in the Special District Design standards in Article IX, Landscape, Screening, and Tree Preservation.

(13)

Alternative Finance Institution:

(a)

No Alternative Financial Institution shall be located within 2,500 feet, measured from property line to property line, of any other alternative financial institution.

(b)

No Alternative Financial Institution shall be located within 400 feet, measured from property line to property line, of a lot zoned or used for residential purposes.

(c)

No Alternative Financial Institution shall be located within 500 feet of I-30, measured from the right-of-way line to property line.

(d)

An Alternative Financial Institution may only be a principal use that requires an SUP. An alternative financial establishment shall not be considered as an accessory use.

(14)

Car rental:

(a)

The types of vehicles for rent shall be limited to passenger cars and/or ¾-ton pick-up trucks.

(b)

No more than 20 parking spaces shall be reserved for rental vehicles.

(15)

RV, trailers, and truck rental:

(a)

Trailers and moving truck rental may allowed as an accessory use with an SUP in the GC and INV zones only where associated with an existing indoor self-storage or mini-storage facility. If adjacent to any residential uses or public right-of-way, they shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(16)

Restaurant with outdoor or sidewalk service: Shall meet the design standards for sidewalk cafes in Article V, Design and Development Standards.

(17)

Bed and Breakfast Establishment:

(a)

Number of guest rooms is limited to six.

(b)

Cooking facilities in guest rooms are not allowed.

(c)

Individual guest occupancy is limited to no more than one month in any three-month period.

(18)

Motel: Any motel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain at least three amenities on the same site as the motel from the list below:

(i)

Indoor/Outdoor Pool.

(ii)

Spa/Sauna.

(iii)

Weight Room/Fitness Center.

(iv)

Playground.

(v)

Sports Court.

(vi)

Plaza/Atrium.

(vii)

Game Room.

(viii)

Conference Room (700 square feet minimum).

(ix)

Full-Service Restaurant (minimum searing capacity of 35).

(c)

May not be located within 1,500 feet (measured linearly from property line to property line) from any other Hotel, Motel, or Residential Hotel property.

(19)

Limited-Service Hotel: Any limited-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 700 square feet of meeting room space;

(ii)

Limited food and beverage service, including breakfast buffet service;

(iii)

Minimum of 400 square feet of pool surface area;

(iv)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(v)

Parking at a ratio of one space per guest room.

(c)

Provide an entrance to each room from an interior corridor, which shall be climate controlled. First floor units may have secondary access from an interior courtyard or swimming pool area in addition to hallway access.

(20)

Full-Service Hotel: Any full-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 100 guest rooms and/or suites.

(ii)

A minimum of 4,000 square feet of meeting room space;

(iii)

A minimum of one restaurant that provides three meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of 30 customers;

(iv)

Minimum of 800 square feet of pool surface area;

(v)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(vi)

Parking at a ratio of 1.25 spaces per guest room.

(c)

(21)

Trailer Camp/RV Park:

(a)

Facility shall provide an amenity center and use by any single RV or trailer shall be limited to a three-week maximum every six months. Car or tent camping shall be prohibited.

(22)

Offices for business, professional, or technical services:

(a)

In the NC and MUT Zones, office buildings may include areas for customarily incidental retail and personal service uses such as personal household services, restaurants, laboratories, and incidental retail sales, when these uses serve the clients or are incidental to the clients in the office building, and subject to the following standards:

(i)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(23)

Offices for administrative services:

(a)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(24)

Surface parking lot: shall be screened when located adjacent to any residential uses or public right-of-way with a screen in accordance with Article IX, Landscape, Screening, and Tree Preservation.

(25)

Structured parking: Shall meet the standards for parking garages in the Special District Design Standards in Article V, Design and Development Standards.

(26)

Sexually-oriented businesses: Shall not be located within 1,000 feet of a church, a school, a boundary of a residential district, a public park, or the property line of a lot devoted to residential use.

(27)

Outside Storage, Industrial Use: Any outside storage associated with an Industrial Use shall be setback a minimum of 25 feet from any public right-of-way and shall be located within the rear yard and screened from view of public streets by an eight-foot high solid screening device that complies with the following requirements:

(a)

All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in (c) below;

(b)

All screening devices shall be constructed of 100 percent brick, stone, or architecturally-finished reinforced concrete;

(c)

Only openings in screening devices that are necessary for reasonable access to the storage yard shall be permitted but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for screening devices set forth in this section. All openings shall be closed and securely locked at all times, except for needed access;

(d)

Any painting, staining, coating, covering or other coloring of any screening device shall be of a uniform color;

(e)

All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times;

(f)

Outside storage shall not be stacked, accumulated, kept, or otherwise placed above the solid screening device described in this subsection; and

(g)

A row of evergreen screening trees shall be planted in front of and within 10 feet of the required screening device. These trees shall be spaced a maximum of ten to 15 feet on center. They shall be placed no closer than five feet to the street side of the required screening device. The trees shall be six to eight feet in height at the time of planting and be a species capable of reaching a height of fifteen (15') feet within five years of planting. All screening trees shall be equipped with an automatic irrigation system.

(28)

Micro-brewery, micro-distillery, winery: maximum size of primary structure and any accessory structure shall be limited to a total aggregate area of 25,000 sq. ft.

(29)

Artisan industry. Small-scale fabrication, preparation, or production of goods by an artist, artisan, craftsperson, or cook, on the premises for wholesale, on-site, or online retail. Spaces and tools may be shared amongst users. Accessory uses include retail, teaching of these skills to others in the course of preparation or production, and outdoor seating areas, and incidental interior seating areas.

(30)

Telecommunications Facilities, All: The purpose of this section is to establish standards regulating the location of telecommunication facilities, towers, and antennas with the objectives of minimizing their number, protecting and promoting public safety, and mitigating any adverse visual impacts on the community while promoting the provision of telecommunications service to the public.

(a)

All telecommunications facilities, towers, and antennas shall be erected and operated in compliance with current Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, State, and City standards.

(b)

Platted Lots: Telecommunications facilities, including towers and related equipment buildings, but exempting co-located facilities (multiple towers owned by different operators), shall be located on a platted lot.

(c)

Technical Assistance: When a permit is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of City staff to review, the applicant, in addition to the usual application fee, shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement. Such reimbursement shall be paid prior to issuance of a construction permit.

(d)

Pre-application Meetings: Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Administrator or his/her designee to determine if the location will require a Specific Use Permit or other approvals, and to review the merits of potential locations.

(e)

Exemptions: Dish antennas less than two meters in diameter, antennas used exclusively for SCADA (System Control And Data Acquisition) communications in a utility substation or facility, antennas used exclusively as part of a federally licensed amateur radio station, antennas for Citizen's Band (CB) radios, and antennas less than one foot in greatest dimension are exempt from this section.

(f)

Abandoned Antennas or Towers: Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 180 days of receipt of notice from the Administrator notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 180 days shall be grounds for the City to remove the tower or antenna at the owner's expense.

(31)

Telecommunications Facilities, Building-Mounted:

(a)

Ground- and building-mounted dish antennas shall not be permitted in any front setback area or side or rear yard if adjacent to any roadway.

(b)

Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening masonry wall or evergreen hedge.

(c)

Building/roof-mounted antennas one meter or less in diameter are permitted in all zoning districts.

(d)

Building/roof-mounted antennas in excess of one meter in diameter in residential zoning districts shall be painted to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

(e)

Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 10,000 square feet of building floor area in the non-residential districts.

(f)

Building/roof-mounted dish antennas in excess of two meters in diameter in non-residential districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

(g)

Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array or support structure the Administrator may require an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.

(32)

Telecommunications Towers:

(a)

Structural Standards: Guyed telecommunications towers shall be designed and located such that if the structure should fall it will avoid habitable structures and public streets.

(b)

Co-location:

Towers shall be designed and built to accommodate a minimum of two wireless providers, if over 75 feet in height. The owner of the tower must certify in writing to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.

ii.

Applicants seeking to erect a tower greater than 75 feet in height within 3,000 feet of any tower greater than 75 feet in height, shall provide evidence that reasonable efforts were made to lease space on an existing or planned tower or that no existing tower will satisfy the applicant's technological needs.

(c)

Tower Height:

The height of a tower, whether freestanding or building-mounted, shall be measured from the base of the tower to the highest point of the tower, including any installed antennas and appurtenances.

ii.

The maximum height for towers is 75 feet plus 25 feet for each co-located installation, or as approved by Specific Use Permit in accordance with Table 4.1-5.

(d)

Security Fencing and Building Materials: Security fencing, if installed, shall be by an evergreen hedge with a wrought iron with masonry columns expressed at intervals no greater than fifty (50') feet on center, or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.

(e)

Location:

All telecommunication towers, as well as guys and guy anchors, shall be located within the buildable area of the lot and not within the front, rear, or side setbacks. New telecommunication towers in excess of 200 feet in height shall be set back a minimum of 1,300 feet from the right-of-way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters.

ii.

Except for compatible stealth antennas or stealth towers that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications towers shall not be located on or within 300 feet of the Old Town Core District. The distance from the Old Town Core District shall be measured from property line to property line.

iii.

All telecommunications towers, including stealth towers, equal to or over 75 feet in height, are not allowed in any residential zoning district and must be a minimum of a three-to-one distance to height ratio from a single-family residential district and one-to-one distance to height ratio from a Special District.

iv.

Any new telecommunications tower in excess of 180 feet in height shall be located a minimum of one mile from any existing tower in excess of 180 feet in height.

Except as otherwise regulated within this section, all telecommunication towners shall be located a minimum of one-to-one distance to height ratio from all property lines. Inability to meet this setback due to lot size or other circumstances shall be evaluated through the variance process in section 2.5.8 of this Ordinance.

(f)

Signage: Except as otherwise permitted in this Code, no signage, lettering, symbols, images, or trademarks in excess of 2 sq. ft. shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law.

(g)

Lighting: Except as otherwise permitted in this Ordinance, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority.

(h)

Stealth Towers:

Stealth telecommunication towers and antennas must be similar in color, scale, and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment.

ii.

Each design for a proposed stealth tower or antenna shall be reviewed by the Administrator as part of a Specific Use Permit application. An applicant of a stealth tower or antenna design shall provide the Administrator with evidence in the form of construction drawings, photographs, renderings, or other data sufficient for the Administrator to determine whether the design effectively conceals the tower or antenna. The Administrator shall forward the request to the Planning and Zoning Commission and City Council after determining the completeness of the application.

(i)

Antenna Mounting Standards: The purpose of this section is to promote public safety and maintain order and harmony within the city's business, cultural, and residential districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and to ensure the integrity of supporting structures.

Whip and Panel Antenna Mounting Standards:

Telecommunications antennas, including mounting structures, are allowed on existing electric utility poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that the total length of any antenna does not exceed 15 percent of the height of the existing structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas.

Telecommunications antennas and arrays are allowed by right on existing electric transmission towers.

Existing conforming building element structures (excluding towers) in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces.

Panel antennas, which do not extend above the structure, or whip antennas 15 feet or less in height, are permitted on conforming billboard structures.

Building-mounted panel antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts; provided that they are mounted flush with the exterior of the building and that they do not project above the roof line or more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color blends with the surrounding surface of the building.

Whip antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts, provided that the total length of said whip antennas, regardless of mounting method or location, does not exceed 15 percent of the existing height of the building.

Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area.

ii.

(Ord. No. O-2021-037, § 2, 9-7-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 9—11, 7-1-2024)

Sec. 36-4.3 - Accessory uses and structures

4.3.1. Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to primary uses. An accessory use or structure is "incidental and customarily subordinate" to a primary use if it complies with the standards set forth in this section. All primary uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this section. Article XII, Definitions, identifies typical accessory uses associated with primary uses as part of the primary use definition.

4.3.2. Approval Procedure.

(1)

Generally. Any of the accessory uses identified in this section may be allowed as accessory to an authorized primary use provided that:

(a)

The proposed accessory use is allowed as a primary or accessory use in the base district or overlay district where proposed; and

(b)

The proposed accessory use or structure is consistent with the general and specific standards for accessory uses in this subsection.

(2)

Simultaneously with a Primary Use. Accessory uses or structures may be reviewed as part of review of an associated primary use. In cases where the primary use is subject to a Specific Use Permit, an accessory use may only be authorized in accordance with an approved Specific Use Permit.

(3)

Subsequent to a Primary Use.

(a)

Unless exempted, a building permit shall be required in cases where an accessory use or structure is proposed subsequent to a primary use.

(b)

In cases where the primary use is subject to a Specific Use Permit, an accessory use may only be authorized in accordance with the provisions in Section 2.5.3, Specific Use Permit Procedures.

(c)

Excepting on parcels five acres or greater in size, no accessory use shall be permitted until the accompanying primary use or structure is established.

4.3.3. Interpretation of Unidentified Accessory Uses and Structures. The Administrator shall evaluate and make determinations on applications for accessory uses that are not identified in this section on a case-by-case basis, based on the following standards:

(1)

The definition of "accessory use" in Article XII, Definitions, and the general accessory use standards and limitations established in Section 4.3.5, General Standards for All Accessory Uses and Structures;

(2)

The purpose and intent of the zoning districts in which the accessory use is located;

(3)

Potential adverse effects the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other primary and accessory uses permitted in the district.

4.3.4. Table of Accessory Uses and Structures.

4.3-1 Table of Accessory Uses and Structures
■ = Permitted by Right/□ = Permitted with a Specific Use Permit/Blank Cell = Not Permitted/* = Additional Standards Apply
Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Accessory Building (not listed below)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.3.6(1)
Accessory Use (not listed below)	■	■	■	■	■	■	■	■*	■*	■*	■*	■*	■*	■*	■*	■	■*	4.3.6(1)
Alternative Energy System	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*
Caretaker's quarters	■*	■*						■	■	■	■	■	■	■	■	■	■	4.3.6(2)
Carport	■	■	■*	■*	■*	■*	■*								■*	■*	■*	4.3.6(3)
Community Center/Club house(private)		■	■	■	■	■	■	■							■	■	■
Accessory dwelling unit (attached)	■*	■*	■*	■*	■*	■*									■*	■*	■*	4.3.6(4)
Accessory dwelling unit (detached)	■*	■*	■*	■*	■*										■*	■*	■*	4.3.6(5)
Residential Garage (detached)	■	■	■	■	■	■	■								■	■
Surface parking	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
Storage shed (residential)	■	■	■	■	■	■	■									■
Swimming pool	■	■	■	■	■	■	■		■*				■*			■
Home-occupation	■	■	■	■	■	■	■								■	■	■
Electric vehicle charging station								■	■	■	■	■	■	■	■	■	■
Outdoor storage								■*	■*	■*	■*	■*	■*					4.3.6(9)
Outside display and sales								■*						■*		■*	■*	4.3.6(10)
Recycling collection center									□	□	■
Sidewalk café								■*	■*					■*		■*	■*	4.3.6(11)

4.3.5. General Standards for All Accessory Uses and Structures. All accessory uses and structures shall be subject to the general standards in this section, as well as any applicable additional standards in Section 4.3.6, Additional Accessory Use Standards, and all standards applicable to the associated primary use as set forth in Section 4.2, Additional Use Standards.

(1)

Size: All accessory uses and structures shall:

(a)

Be clearly subordinate in area, extent, and purpose to the primary use or structure; and

(b)

Not violate the bulk, density, parking, landscaping, or open space standards of this Ordinance when taken together with the primary use or structure.

(c)

Maximum Size:

Lot Less than 16,335 sq. ft. (⅜ acre) and All Commercial Districts: The area of any detached accessory structure except accessory dwelling units shall not exceed 30 percent of the floor area of the primary structure. The total combined area of all structures shall not exceed the maximum lot coverage for the zoning district in which it is located.

ii.

Lot 16,335 sq. ft. (⅜ acre) or More:
The area of any detached accessory structure except accessory dwelling units shall not exceed the lesser of:

(a)

6 percent of the total lot square footage;

(b)

75 percent of the total primary structure square footage;

(c)

1,200 sq. ft.

iii.

Lots Used for Agricultural Purposes: For purposes of this section, "agriculture" means the use of land to produce plant or animal products, including fish or poultry products, under natural conditions but does not include the processing of plant or animal products after harvesting or the production of timber or forest products.

(a)

Where the accessory building is not associated with the agriculture use, the provisions in subsection (ii) above shall govern.

(b)

Where the accessory building is associated with the agricultural use, the floor area shall not exceed 5,000 square feet, except where authorized by the Administrator.

iv.

Accessory buildings on lots 16,335 sq. ft. (⅜ acre) or larger may have an attached awning a maximum of 450 sq. ft. and shall not be considered in the square footage of the building, provided:

(a)

It is open on at least three sides.

(b)

The overall area of coverage does not exceed the maximum lot coverage for the zoning district in which it is located.

(2)

Function: All accessory uses and structures shall directly serve the primary use or structure and be accessory and clearly incidental to the primary use or structure.

(3)

Timing: Accessory uses and structures shall not be constructed or established prior to the start of construction of the primary use or structure. An accessory structure shall not be used until the construction of the primary structure is complete.

(4)

Height: Accessory structures shall be limited to a maximum height of 12 feet at the minimum setback line. For every two feet horizontally, the setback is increased the height may increase one foot vertically. Irrespective of an authorized increase in height, the maximum height shall not exceed the height of the primary structure and in no instance shall an accessory building exceed 24 feet in height.

(5)

Location: Accessory uses or structures shall be located on the same lot as the primary use or structure and shall comply with setback standards in Section 4.3.6, Additional Accessory Use Standards.

(a)

Accessory structures shall not be located within platted or recorded easements.

(b)

The Administrator may authorize an accessory structure on a vacant lot if the structure is used for animal or crop production associated with an agricultural use or used in conjunction with a park or community garden. The accessory structure shall comply with the provisions of this Section 4.3.5 and Section 4.3.6, Additional Accessory Use Standards.

(6)

Design Compatibility:

(a)

Lots used for agricultural purposes.

Except for roof pitch, height, and setback any conforming lot used for bona-fide agricultural purposes as set forth above shall be exempt from the design compatibility requirements set forth in Table 4.3-2(a), Accessory Building Design Standards, below.

ii.

Except on lots used for agricultural purposes, prefabricated metal shipping containers may not be used as accessory structures.

(7)

Ownership: Accessory uses or structures shall be owned or operated by the same person as the primary use or structure.

4.3.6. Additional Accessory Use Standards.

(1)

Accessory Buildings:

(a)

Uses:

In all residential zoning districts, permitted accessory buildings include garages, storage sheds, gazebos, cabanas, storm shelters, and similar structures. An accessory building may be used for hobbies in such a manner as to be an accessory use only and shall not produce unreasonable odor, noise, light or manner of operation. Accessory buildings cannot be used for commercial or business purposes.

(b)

Building Design, Residential Lot Less Than 16,335 sq. ft. (⅜ acre) and All Non-Residential and Special Districts:

The standards for exterior materials and appearance of the accessory building are based on the lot size and size (area and height) of the structure itself and are set forth in Table 4.3-2, Accessory Building Design Standards, below:

TABLE 4.3-2: Accessory Building Design Standards
Floor Area		Building Design Standards
A.	Less than or equal to 200 square feet in floor area	All residential districts - No requirement All non-residential and special districts - the design requirements of section C shall apply
B.	More than 200 square feet but less than 550 square feet in floor area	All residential districts - Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. All non-residential and special districts - the design requirements of Table 4.3-2, section C shall apply.
C.	550 square feet or larger in floor area	All districts - Same as the Primary building design standards in Article V. Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. The exterior appearance of an accessory structure shall be architecturally compatible with the primary structure, including, but not limited to, façade treatment and color, building orientation, building placement, building articulations and trim, roof pitch, window, and window treatments, and building mass.

(c)

Building Design, Residential Lot 16,335 sq. ft. (⅜ acre) or More:

The Standards for exterior materials and appearance of the accessory building are based on the lot size and size (area and height) of the structure itself and are set forth in Table 4.3-2(a), Accessory Building Design Standards, below:

Table 4.3-2(a): Accessory Building Design Standards
	Floor Area	Less Than or Equal to 200 Square feet in Floor Area	More Than 200 Square Feet or Larger in Floor Area
A.	Roof	No requirement	Minimum 4/12 roof pitch. Flat roofs are prohibited
B.	Color	No requirement	Shall be compatible with the primary structure
C.	Screening	No requirement	(1) No requirement if design standards met; If design standards not met, then: (2) Minimum 6-foot board-on-board fence around the entire perimeter of the lot; or (3) Minimum 6-foot solid, continuous, and unbroken evergreen shrub (or similar plant) living screen around the entire perimeter of the accessory building; or (4) Any other screening method authorized by the Unified Development Ordinance.
D.	Exemptions	Not Applicable	Except for roof pitch, height, and setback accessory buildings may be exempt from the Accessory Building Design Standards if: (1) Screened as provided in subsection E. above; and (2) Located completely within the rear yard.

(d)

Setbacks and Number of Buildings:

Front setback: Accessory buildings, such as but not limited to garages, storage buildings, or storm shelters, shall be located completely within the rear yard.

ii.

Side and rear setbacks: An accessory building shall be located a minimum of five feet from side and rear property lines, except on corner lots. On corner lots, the primary building setback shall also apply to accessory buildings.

iii.

Number of accessory buildings:

Lots that are less than three-eighths (⅜) acre shall be limited to 1 accessory building in addition to the primary building.

Lots that are three-eighths (⅜) to one acre shall be limited to 2 accessory buildings in addition to the primary building.

Lots that greater than 1 acre shall be limited to 4 accessory buildings in addition to the primary building.

iv.

Minimum Separation:

Detached accessory structures shall maintain a minimum of six (6) feet from all other structures.

(2)

Caretaker's quarters: Caretaker's quarters may be permitted as an accessory use provided:

(a)

The structure is oriented towards the side or rear yard of the primary structure; and

(b)

The unit is a maximum of 1,000 sq. ft. and shall contain no more than one kitchen.

(3)

Carports in any Required Front Yards:

(a)

The purpose of this provision is to allow carports to be erected within the required front yard when no other feasible option exists on the qualifying residential lots.

(b)

Approval: Carports may be permitted in required front yards of certain single-family residential lots where the Administrator determines that the proposed carport:

Is in keeping with the existing, location, and design of other carports on other adjoining lots in the same neighborhood or street;

ii.

Will not cause sight obstructions to motorists on or entering the street or abutting neighborhood;

iii.

Will not cause a negative visual impact on the streetscape of the neighborhood;

iv.

Is compatible with the architectural style of the dwelling and the predominant architectural style of the neighborhood; and

There are no recorded and active covenants and/or restrictions that apply to the subject property and/or surrounding neighborhood that would prohibit the proposed carport.

(c)

Standards: Any carport that is permitted to occupy a portion of the required front yard shall comply with the following restrictions:

Freestanding carports that are not structurally integrated with the roof of the principal structure shall not exceed 18 inches of separation from the principal structure.

ii.

Except for the roof, carports shall be painted to match or replicate the color of the trim areas of the primary structure/residence.

iii.

Carports shall have a pitched roof that matches the existing pitch of the primary structure and that utilizes shingles that substantially match the color of the shingles used on the principal structure. The roof of the carport shall be either a closed gable or hip design. The Administrator may approve an alternate design to satisfy this requirement.

iv.

Carport dimensions shall be no greater than 20 feet in length by 20 feet in width for lots with primary structures originally designed with two-car garages, and/or no greater than 12 feet in width for lots with principal structures originally designed with single-car garages.

(4)

Carports in rear or side yards:

(a)

Permitted carports located in the read or side yard of a lot shall comply with the setback standards of the zoning district.

(5)

Accessory Dwelling Unit (attached): An attached accessory dwelling unit that meets the standards in this section shall not count as a dwelling unit for purposes of calculating density on the site:

(a)

The accessory dwelling unit may be created in one of the following ways:

From existing space in the primary dwelling;

ii.

From a combination of existing and newly created space associated with the primary dwelling;

(b)

May comprise no more than 40% of the primary dwelling unit area.

(c)

Shall not have more than one kitchen or one bathroom.

(d)

A separate entrance shall be provided to the unit but it shall not be visible from any public street, except in the case of a corner lot in which case the separate entrance shall face the other street from which the primary dwelling faces.

(d)

Does not have to meet any off-street parking standards.

(e)

In the OTC zone, conversion of a portion of an existing non-conforming single-family dwelling into an attached accessory dwelling unit may be allowed except where such conversion would require expansion of the building footprint.

(6)

Accessory Dwelling Unit (detached): A detached accessory dwelling unit that meet the standards in this section shall not count as a dwelling unit for purposes of calculating density on the site. They shall:

(a)

Meet the setback and height standards of the primary structure on the lot

(b)

A 10% increase in the lot coverage standard may be allowed to accommodate the detached accessory dwelling unit.

(c)

The unit shall not be larger than 60 percent of the total floor area of the primary dwelling or 1,000 square feet, whichever is lesser, and shall not have more than one bedroom, one kitchen, or one bathroom.

(d)

The accessory unit entrance shall not be visible from any public street, except in the case of a corner lot in which case the entrance shall face the other street from which the primary dwelling faces.

(e)

Does not have to meet any off-street parking standards.

(f)

The accessory dwelling unit shall comply with all applicable fire and life safety codes

(g)

A separate driveway to the ADU shall be permitted if it is no less than 75 feet from any existing driveway.

(7)

Residential garage (detached):

(a)

If visible from the street, the maximum size shall be a 3-car garage.

(b)

Design shall be compatible with the primary residence on the property.

(c)

Garage shall not be located forward of the primary structure on the lot.

(d)

Setbacks shall be the same as any other accessory buildings on the lot; see Section 1.d.ii.

(8)

Home-Based Businesses: There are two categories of home-based businesses permitted by this section - home occupations and live-work units.

(a)

Applicability. Home-based businesses are permitted in the following districts according to Table 4.3-3.

Table 4.3-3: Districts that Permit Home-Based Businesses
Zoning District	Home Occupation	Live-Work Unit
Agricultural	■
Residential Estate	■
Residential Suburban Density 1	■
Residential Suburban Density 2	■
Residential Urban Density 3	■
Residential Urban Density 4	■
Manufactured Home	■
Neighborhood Commercial		■
General Commercial
Innovative & Light Industrial		■
Heavy Industrial
Public and Parks
Institutional and Civic
Mixed Use		■
Mixed Use Transition		■
Neighborhood Transition		■
Old Town Core		■
Key: "■" in a cell indicates that the use is permitted by right in the respective zoning district.

(b)

Prohibited Home-Based Businesses. The following uses, because of their effects on the surrounding residential area, are prohibited as home-based businesses.

(i)

Auto-related sales and services, including motor vehicle towing operations and painting of vehicles, trailers, or boats;

(ii)

Barber or beauty shops having more than two chairs;

(iii)

Dance, music, or other types of tutoring instruction where more than six students are being instructed at one time;

(iv)

Dental office or medical office;

(v)

Nursing homes;

(vi)

Outdoor storage;

(vii)

Private schools (homeschooling is excluded from this prohibition);

(viii)

Welding shops; and

(ix)

Any other use that, in finding of the Administrator by virtue of size, intensity, hours of operation, number of employees, number of customers, or the nature of the operation, to have negative or adverse effects to those living or working nearby by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous by way of materials, process, product, or waste.

(c)

Home Occupations. A home occupation may be permitted as accessory to any principal dwelling unit in districts that permit residential uses, subject to the following standards:

(i)

Definition. A Home Occupation is a limited commercial use that is incidental to a residential use.

(ii)

Size. Activities must be wholly conducted within either the primary structure or in any detached accessory structure on the lot. If the business or service is conducted within the primary structure, the total area of the business or service must not exceed 25 percent of the floor area of the primary structure.

(iii)

Employees. The principal person(s) providing the business or service shall reside in the dwelling on the premises. Only one additional employee, other than the resident(s) of the primary dwelling unit, is permitted to report to work or is permitted at the home occupation at any one time

(iv)

Neighborhood Compatibility.

The home occupation shall not cause any change in the external appearance of the existing buildings and structures on the property.

All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so that a casual observer or a person of normal sensibilities will not be able to detect any sign of the premises being used as a home occupation. No heavy-duty vehicles and engines greater than 8,000 lbs. shall be kept on the premises or shall be parked on the street.

Parking of vehicles to accommodate the off-site employee or permitted customers is limited to the driveway of the premises or along the curb immediately adjacent to the premises.

The home occupation shall not display signs that are visible from off the premises or public right-of-way or easement, other than advertising located on vehicles in accordance with Article VIII, Signs.

The property shall contain no outdoor display of goods or services that are associated with the home occupation. Outside storage is prohibited. For the purpose of this section, the parking of one enclosed trailer in a driveway is not considered outside storage.

The home occupation shall not generate traffic or create parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception. All home-based businesses are subject to all other ordinances applicable in the City of Fate.

(d)

Live-Work Units (LWUs). The following regulations apply to live-work units (LWUs):

(i)

Definition.

The Live-Work Building is a small-to-medium-sized (under 6,000 sq. ft.), attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for office, personal service, or retail uses.

In a mixed-use development or building, a live-work dwelling is considered a non-residential use.

(ii)

Limitations.

The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.

Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at one time.

(iii)

Setbacks. Live-Work units shall meet the minimum setback requirements of the zoning district or overlay zoning district in which it is located.

(9)

Outside Storage: Shall meet the standards in Section 4.2.4, Commercial Uses.

(10)

Outside Display and Sales:

(a)

The use is not permitted within street frontage building setbacks or any landscape buffer area as required by Article V, Design and Development Standards.

(b)

Limited to no more than ten percent of the length of the building facade containing the primary use.

(c)

If along the store front, no building entrances shall be blocked and a minimum of 5' clear pedestrian passageway is provided along any public sidewalk or walkway.

(d)

If utilizing a surface parking area, it shall only be for temporary display and sales for seasonal items.

(e)

If permitted to be displayed for more than 45 continuous days, then they shall be screened to meet the standards for screening of outside storage areas in Section 4.2.2, Commercial Uses.

(f)

Outside display and sales shall not facilitate any transactions to be made from an occupied motor vehicle.

(11)

Sidewalk Café: In all districts in which a sidewalk café is allowed, occupancy of a public sidewalk or parkway for a sidewalk café shall be permitted under the following conditions:

(a)

Use of any public sidewalk is subject to approval of an easement or right-of-way use agreement by the City Council.

(b)

The sidewalk to be used for outdoor seating must be abutting and contiguous to the restaurant.

(c)

A sidewalk cafe may not be enclosed by fixed fencing or other structures, unless necessary to comply with requirements to serve alcohol.

(d)

A sidewalk cafe must be open to the air; however, it may be covered with a canopy.

(e)

There shall be a six-foot wide unimpeded sidewalk remaining for pedestrian flow from the face of the curb and the area of sidewalk café seating.

(f)

The sidewalk café shall be setback a minimum of five feet from any driveways and alleys, and ten feet from intersections.

(g)

All curbs, alleys, sidewalks, and public rights-of-way adjacent to such sidewalk café shall be kept in a clean and orderly condition.

(Ord. No. O-1789, §§ 2, 3, 11-20-2017; Ord. No. O-2021-011, §§ 2, 3, 5-3-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 12—14, 7-1-2024)

Sec. 36-4.4 - Temporary uses and structures

4.4.1. Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this subsection and are discontinued upon the expiration of a set time period. Temporary uses and special events require a permit and shall not involve the construction or alteration of any permanent building or structure.

4.4.2. Approval Procedure. Any use listed in this section may be permitted as a temporary use provided:

(1)

Where indicated on Table 4.4-1, the proposed temporary use obtains a Specific Use Permit in accordance with the requirements in Section 2.5.3, Specific Use Permit Procedures; and

(2)

The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this section.

4.4.3. Table of Temporary Uses and Structures.

4.4-1 Table of Temporary Uses and Structures
■ = Allowed by Right (permit required) ● = Allowed by Right (No permit required) □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Temporary Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Temporary Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Construction Office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Construction related storage-yard	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Temporary Real estate sales office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(2)
Model Home	■*	■*	■*	■*	■*	■*	■*								■*	■*		4.4.5(2)
Festivals and civic events (includes carnivals, circus, etc.)	□*							□*	□*			□*	□*	□*	□*	□*		4.4.5(3)
Garage sales	■*	■*	■*	■*	■*	■*	■*									■*		4.4.5(4)
Temporary storage containers	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	4.4.5(5)
Mobile vending (food truck parks, hotdog stands, snow cones, etc. on public property)												■*	■*	■*			■*
Seasonal sales	■*							■*	■*	■*		■*	■*	■*		■*	■*	4.4.5(6)
Any other temporary use or structure (other than listed above)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

4.4.4. General Standards for all Temporary Uses and Structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

(1)

The temporary use or structure shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare.

(2)

The temporary use shall comply with all applicable general and specific regulations of this Section 4.4, Temporary Uses and Structures, unless otherwise expressly stated.

(3)

Permanent Alterations (any alterations that do not comply with temporary use criteria and timelines outlined in this Ordinance) to the site are prohibited.

(4)

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.

(5)

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

(6)

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as health or building permits.

(7)

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to be accommodated, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including existing trees, required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

(8)

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability. If located within a surface parking lot, it shall not occupy more than 25 percent of the parking lot.

(9)

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, shall not block intersection visibility, and shall meet the requirements of the Building Official, including fire rating.

(10)

Off-street parking, including designation of the off-street parking spaces, shall be adequate to accommodate the proposed temporary use, except when waived by the Administrator.

4.4.5 Additional Standards for Temporary Uses and Structures.

(1)

Construction Field Office and Construction Storage Yard:

(a)

This use is limited to on-premises construction purposes associated with the properties within the same platted subdivision.

(b)

The Administrator may order the use to be discontinued, and in no event shall such temporary use continue after subdivision construction is 100-percent complete.

(2)

Temporary Real Estate Office or Model Home:

(a)

This use may be located in a model home or a portable building within the subdivision.

(b)

The Administrator may order the use discontinued, and in no event shall such temporary use continue after subdivision sales are 80-percent complete.

(3)

Festivals, Civic Events, Circus, Amusement Rides: Civic events and special events may be conducted within an existing use and ancillary to that use provided it meets the following criteria. Nothing within this section shall regulate or prevent an individual residential property owner from conducting activities normally associated with residential uses, including outdoor parties and gatherings. In addition, such outdoor activities shall be subject to the other regulations and ordinances of the City of Fate which regulate orderly conduct within the neighborhood and take into consideration the health, safety, and public welfare of the adjacent property owners:

(a)

The event is carried on for a period of time not exceeding fifteen (15) consecutive days or other time limitation as specified by City Council through the SUP approval;

(b)

Retail sales may be conducted with the primary activity including arts, crafts, food, and other items. Charitable and Nonprofit Organizations may conduct retail sales for fundraising purposes in any zoning district;

(c)

Assemblies are carried on out-of-doors, in temporary shelters, or tents;

(d)

A permit is obtained in accordance with the provisions provide herein.

(4)

Garage Sales or Yard Sales:

(a)

No more than 3 garage sales within any one (1) calendar year may occur at any individual property.

(b)

The duration of the sale shall not exceed 72 hours. The next garage sale shall not occur until seven (7) consecutive calendar days have passed.

(5)

Temporary Storage Containers (PODs):

(a)

PODs may be allowed for residential and commercial moving or remodeling.

(b)

PODs shall be placed on the driveway or parking lot at the furthest point from the street.

(c)

PODs cannot be placed on any public right-of-way or in grassy areas in the front yard.

(d)

Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(e)

Each non-residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(f)

If used during remodeling, then the POD shall be removed within 10 days of final inspection or Certificate of Occupancy issuance.

(6)

Seasonal Sales: Outdoor seasonal sales are temporary uses which include but are not limited to snow cones, Christmas tree sales, pumpkin sales, plant sales, fresh produce sales and similar uses. Outdoor seasonal sales are not intended to include the sale of manufactured items such as furniture, bedding, automobile parts or household goods. It shall also not include fireworks. The following standards shall apply:

(a)

The maximum duration of a single seasonal sales permit is 45 days. Only one sale is permitted per season on any single lot. Such a limitation shall not apply to farmers' markets and similar uses.

(b)

On a developed lot, the maximum area for seasonal sales shall be no greater than 30 percent of any surface parking area. Such a limitation shall not apply to farmers' markets and similar uses.

(c)

Outside display shall not block any sight triangles or fire lanes.

(d)

On undeveloped lots, access and parking may be gravel so long as it is maintained in good condition and is approved by the Administrator.

(Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, § 7, 7-1-2024)

Fate City Zoning Code

ARTICLE IV

- USE STANDARDS

Sec. 36-4.1 - Table of allowed uses

4.1.2. Explanation of Use Table Abbreviations.

(1)

(2)

(3)

PROHIBITED USES: A blank cell indicates that the use is prohibited in the respective zoning district.

(4)

(5)

ALLOWED LAND USES IN PLANNED DEVELOPMENT DISTRICTS: Land uses in a Planned Development district are permitted as follows:

(a)

If the PD Concept Plan specifically references a base zoning district:

Any land use permitted by right in the applicable underlying base zoning district, as amended, may be permitted.

ii.

Any land use requiring a Specific Use Permit in the applicable underlying base zoning district, as amended, is only allowed if a Specific Use Permit is issued for the use.

(b)

The PD district may list the permitted, prohibited, and Specific Use Permit uses separately.

(c)

A combination of the above.

(1)

(a)

The actual or projected characteristics of the proposed use;

(b)

The volume and type of sales, retail, wholesale, etc. for commercial uses;

(c)

The size and type of items sold and nature of inventory on the premises;

(d)

The type and number of customers and employees;

(e)

The hours of operation;

(f)

The size and arrangement of buildings and parking on the site;

(g)

The amount of parking needed and estimate of trips generated by the proposed use;

(h)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, or distribution;

(i)

Any dangerous, hazardous, toxic, or explosive materials used in the processing;

(j)

(k)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;

(l)

(m)

The effect on adjacent properties created by the proposed use type, which should not be greater than that of other use types in the zoning district.

(2)

Standards for new and unlisted uses may be interpreted as those of a similar use.

(3)

Appeal of the Administrator's decision shall be made to the Zoning Board of Adjustment following procedures of Section 2.5.6, Zoning Variances and Appeals.

(4)

The Administrator may periodically request amendments to this Ordinance to incorporate newly listed uses into Article IV, Use Standards and Article XII, Definitions.

4.1.5. Table of Allowed Uses.

4.1-1 Table of Allowed Uses
■ = Permitted by Right □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Use Category	Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Category	Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Residential Uses
Household Living	Dwelling, single-family detached	■	■	■	■	■		■								■*	■*		4.2.1(1)
	Dwelling, duplex			■	■	■	■									■	■
	Dwelling, townhouse (SF attached or multifamily)					■*	■*		□*	□*						■*	■*		4.2.1(2)
	Dwelling, live/work						■*		■*							■*	■*	■*	4.2.1(3)
	Dwelling, multifamily (4 DU/lot or fewer)					□*	■*		□*							■*	■*		4.2.1(4)
	Dwelling, multifamily (more than 4 DU/lot)						■*			□*						■*	■*	■*	4.2.1(4)
	HUD-Code manufactured home							■
	Mixed Use, Vertical						■		■	□	□				■	■	■	■
	Industrialized Housing							■
Group Living	Assisted living facility (≤6 residents)	■	■	□	□	□	■		□							■	■
	Assisted living facility (≥7 residents)						□			□				□		□	□
	Boarding house, fraternity or sorority house, private dorm						■										■	■
	Community, group or foster home	■	■	■	■	■	■	■								■	■
	Independent senior living facility						□*			■*				■*		■*	■*		4.2.1(5)
	Nursing home						□		□	■				■	□	□
Public and Institutional Uses
Civic and Cultural Facilities	Art gallery or museum								■	■			■	□	□	□	□	■
	Special purpose recreational institution								□	■	■		□	■	□		□	□
	Civic, social, philanthropic, or fraternal organizations								□	■				■	■	□	■	□
	Labor or political organizations								■	■	■			■	■	■
	Business or professional organizations								■	■	■			■	■	■
	Religious Assembly and Institutions	□	□	□	□	□	□	□	■	■	■	□	□	■	■	■	■	■*	4.2.2(1)
Parks and Recreation Facilities	Community Garden	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Farmers' Market	■	■				■		■	■			■	■	■	■	■	■
	Park, playground, or nature preserve	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Recreation Center								■	■	■		■	■	■	■	□	□
Health and Human Services	Clinics and labs								■	■	■			■	■	■
	Nursing and other rehabilitative services								□	■				■	■	■
	Hospital									■	■			■	■
	Social assistance and welfare services								■	■				■
	Funeral homes and services (with or without cremation services)								■*	□		■							4.2.2(2)
	Cemetery	■												■
Public and other government functions	Legislative and executive functions								■	■	■		■	■	■	■	■	■
	Courts (local, state and federal)									■			■	■	■			□
	Correctional institutions									□				□				□
	Public safety facility	■							■	■	■	■	■	■	■	■		■
	Other government functions	□							□	■	■	■	■	■	■	□		■
Educational service establishments (public and private)	Child day care	■	■				■		■	■*				■	■	■	■		4.2.3(1)
	Nursery and pre-school	■	■	■	■	■	■	■	■	■*				■	■	■	■		4.2.3(1)
	Elementary and Middle Schools	■	■	■	■	■	■	■	■				■	■	□	■	■
	High Schools	■	■	■	□	□	□	□	■	■	■		■	■	■	■
	Colleges and Universities	□								■	■			■	■
	Technical, trade, and specialty schools	□							□	■	■	■		■	■
Commercial Uses
Agricultural Uses	Crop production	■	■	■	■
	Support functions for agriculture	■	■							■	□	■
	Greenhouse, nursery, floriculture (wholesale)	■	■							□	■	■
Animal production and ranching	Cattle ranches	■	□
	Sheep and goat farming	■	□
	Livestock	■	□
	Fish hatcheries, aquaculture	■	□									■
	Apiculture	■	■									■
	Horse and equine farming	■	■
Animal related services	Veterinary clinic	■*							■*	■*					■*	■*			4.2.4(1)
	Animal hospital	■								■	■	■
	Kennels, commercial	■								■*		■							4.2.4(2)
	Stables, commercial	■
	Pet and animal-related sales and services (including grooming and care)	■							■*	■*					■*	■*	■*		4.2.4(3)
	Any animal related service with outdoor pens or runs	■								□		□
Auto-related sales and service	Motor vehicle sales, new									□
	Motor vehicle sales, used									□		□
	Large vehicle sales & service									□		□
	Specialty vehicle sales, new									□					□
	Specialty vehicle sales, used									□
	Auto repair and service, minor								□*	■*					■*				4.2.4(4)
	Auto repair and service, major									□*		■*							4.2.4(5)
	Car and truck wash									■*		■*							4.2.4(6)
	Auto-related parts and accessory sales								■*	■*					■*				4.2.4(7)
	Gasoline sales pumps								□*	■*		■*			□*				4.2.4(8)
Retail Sales	Furniture and home furnishings								□	■					■
	Building materials, Home and Garden Centers								□	■					■
	Swimming pool, spa, and accessory sales and service								□	■		■			■
	Department store, superstore, or warehouse club									■					■
	Electronics and appliances								■	■					■	□		■
	Durable consumer goods sales (computers, clothing, art supplies, florist, shoes, jewelry, etc.)								■	■					■	□		■
	Grocery store or supermarket (includes beer and wine sales as accessory use)								■	■					■	□		□
	Small-Box Discount Store (includes beer and wine sales as accessory use)								□*	□*									4.2.4(9)
	Convenience store (includes beer and wine sales as accessory use)								■	■					■			■
	Off-premises alcohol sales (as primary use)								□	■					■	□		■
	Off-premises beer and wine sales (as a primary use)								■	■					■	□		■
	Pharmacy or drug store								■	■					■	■		■
	Cosmetics and beauty supplies								■	■					■			■
	Firearm sales									■					□
	Pawn shop									□
	Used goods sales									□					□			□
	Specialty retail and paraphernalia sales									□*					□*				4.2.4(10)
	Any retail sales use with outdoor storage									■*					■*				4.2.4(11)
	Any retail sales use with gasoline sale pumps								□*	■*					□*				4.2.4(8)
	Any retail sales use with drive-thru facilities								□*	■*					■*				4.2.4(12)
Financial and Real Estate Services	Banks, investment, or financial institution (without drive-thru service)								■	■					■	■		■
	Banks, investment, or financial institution (with drive-thru service)								□*	■*					■*				4.2.4(12)
	Alternative Finance institution									□*									4.2.4(13)
	Real estate services								■	■					■	■	■	■
	Property management services								■	■	■				■			■
Rental and Leasing	Car rental									□*		■*							4.2.4(14)
	RV, trailers, and truck rental									□*	□*	■							4.2.4(15)
	Recreational and consumer goods rental									■					□
	Commercial and industrial machinery leasing and rental									□		■
	Video, music, or software rental								■	■					■			■
Food and Beverage Services	Full-service restaurant								■	■					■	□		■
	Café or self-service restaurant								■	■					■	□	■	■
	Restaurant with take-out or delivery only								■	■					■			■
	Snack, coffee, juice, ice cream, or specialty food sales								■	■	□				■	□	■	■
	Catering service								■	■	■	■			■
	Bar or drinking establishment								□	■					■	□		■
	Food truck pod								■	□	■						■	■
	Any food and beverage establishment with drive-thru facility								■*	■*					■*				4.2.4(12)
	Any food and beverage establishment with outdoor or sidewalk service								■*	■*					■*	□*	□*	■*	4.2.4(16)
Lodging Facilities	Bed and breakfast establishment	■*	■*													■*	■*	□*	4.2.4(17)
	Motel									□ ^*									4.2.4(18)
	Limited Service Hotel									■*					□*				4.2.4(19)
	Full Service Hotel									■*					■*			□ ^*	4.2.4(20)
	Residence Hotels
	Trailer Camp/RV Park	□*																	4.2.4(21)
Business, Professional, and Technical Services	Call centers									■	■				■	■
	Offices for business, professional, or technical services								■*	■	■				■	■*	■	■	4.2.4(22)
	Offices for administrative services								■*	■					■	■*	■	■	4.2.4(23)
	Services related to buildings (janitorial, landscaping, cleaning, etc.)								□	■	■	■
	Medical and dental offices								■	■	□			■	■	■	■	■
Personal Services	General personal service (except those listed below)								■	■					■	■	■	■
	Bail bond service									□		□
	Tattoo parlor or piercing studio									□		■
Recreation and Entertainment Uses (Indoor)	Banquet or meeting facility									■	□				■
	Fitness club, gym, or sports club								■	■	■				■			■
	Games arcade								■	■					■			■
	Skating rink (ice, roller skating, etc.)								□	■	■				■
	Bowling, billiards, pool, bingo, etc.									■	□				■	■		□
	Shooting club (indoor)	□								■		■
	Theater (movie, music, drama, or dance)								■	■	■		□		■			■
	Recreation, indoor (other than listed)	□							□	□	□	□	□		□			□
Recreation and Entertainment Uses (Outdoor)	Outdoor Amusement establishment	□								■					■
	Golf course or Country Club	■											□
	Shooting club (outdoor)	□
	Miniature golf establishment									■					■
	Major tourist attraction									□	□	□			□
	Recreation, outdoor (other than listed)	□								□	□	□			□
Other Commercial Uses	Surface parking lots								□*	□*	□*	■*			■*				4.2.4(24)
	Structured parking									■*	■*	■*	■*	■*	■*	■*		■*	4.2.4(25)
	Sexually oriented business											■*							4.2.4(26)
Industrial Uses (see 4.2.3(27) for outside storage standards)
Manufacturing Uses	Food and beverage processing with no animal slaughtering										■	■
	Winery and taste room	■								■	■	■			■			■
	Microbrewery, micro-distillery									■*	■*	■*			■*			■*	4.2.4(28)
	Paper and printing materials										■	■
	Furniture and related products										■	■
	Machinery, appliance, electrical equipment, electronics, and components											■
	Transportation equipment and automobiles											■
	Miscellaneous manufacturing (jewelry, toys, games, office supplies, custom crafts, etc.)										■	■
	Artisan industry										■	■			■		■*	■*	4.2.4(29)
Warehouse and storage	Cold storage plant											■
	Distribution center or warehouse											□
	Self-storage or mini-storage											□
Construction- related businesses	Machinery related contractors' yards and storage											■
	Specialty trade contractors									□	■	■
	Asphalt or concrete batch plant											□
Transportation- related uses	Air transportation related uses											■
	Rail transportation related uses									□	■	■	■		□
	Other local, regional, intercity transportation uses (public and commercial)								□	□	■	■	■	□	■	□		■
	Taxi and limousine service									■		■
	Courier, messenger, and postal services								■	■		■				■
	Truck and freight transportation services											□
Utilities and Utility Services	Utility lines, towers or metering/pumping station	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Sewer, solid waste, recycling, and related services											■
	Natural gas, petroleum, fuel related services											■
	Electric utility services (includes generating plants and substations)											□
	Telecommunications equipment and facilities (building-mounted)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.2.4(30), (31)
	Telecommunications towers	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	4.2.4(30, 31, 32)
	All other utility related uses (other than listed)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

Sec. 36-4.2 - Additional Use Standards

The standards in this section apply as noted in Tables 4.1-1 Table of Allowed Uses.

4.2.1. Residential Uses.

(1)

Dwelling, single-family detached:

(a)

In the MUT and NT zones, single-family detached residential lots shall not exceed 40 feet in width.

(2)

Dwelling, Town House (single-family attached or multifamily):

(a)

(b)

Townhomes shall comply with the standards for residential building types in Article V, Design and Development Standards.

(3)

Dwelling, Live/Work:

(a)

(b)

In a mixed-use development or building, a live/work dwelling is considered a non-residential use.

(4)

Dwelling, Multifamily:

(a)

All multifamily dwellings shall comply with the standards for residential building types in Article V, Design and Development Standards.

(b)

(5)

Independent Senior Living Facility:

(a)

In the INS district, this use shall be in conjunction with a medical center, nursing, or similar facility.

(b)

Shall comply with the standards for residential building types in Article V, Design and Development Standards.

4.2.2. Public and Institutional Uses:

(1)

Religious Assemblies and Institutions:

(a)

In the OTC district, shall only be permitted in the area north of SH 66.

(2)

Funeral homes and services (with or without cremation services):

(a)

In the NC zone, cremation services are not permitted.

4.2.3. Educational Service Establishments:

(1)

In the GC zone, child day care or nursery and pre-school shall be permitted when accessory to an existing permitted use (for example, a church or office with a mid-week day care).

4.2.4. Commercial Uses:

(1)

Veterinary Clinic:

(a)

In the NC, GC, MU, and MUT districts:

Commercial breeding is not permitted.

ii.

Uses shall be entirely enclosed, properly ventilated, and provide sound barriers and odor protection to adjacent properties and users nearby or within the same development.

(2)

Kennel, Commercial: Outdoor runs are not permitted in the GC district unless with an SUP.

(3)

Pet and animal-related sales and services (including grooming and care):

(a)

Outdoor runs are not permitted in any district except in the A district, where outdoor runs may be permitted with a SUP only.

(4)

Auto repair and service, Minor:

(a)

Spray painting or bodywork is not permitted. Dismantling, remanufacturing, or rebuilding are not allowed.

(b)

Outside storage or display of products or vehicles shall be prohibited.

(c)

Repair or installation work shall be conducted completely within a building.

(d)

(e)

In the MU District and PD Districts, Auto repair and service, Minor uses:

May only be permitted when specifically identified on the Concept or Development Plan;

ii.

Service bays shall not be oriented along pedestrian-oriented streets; and

iii.

A pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(5)

Auto repair and service, Major:

(a)

(b)

Repair or installation work must be conducted completely within a building.

(c)

(6)

(7)

Auto-related parts and accessory sales:

(a)

No outside storage or display of any merchandise.

(b)

In the MU or MUT District, auto-related parts, and accessory sales:

Shall provide a pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street.

(8)

Gasoline sales pumps: Any use involving the retail sale of gasoline must comply with the following standards:

(a)

(b)

(c)

A gas station shall be located at least 400 feet from an existing school, park, playground, museum, or place of public assembly, which shall be measured from property line to property line.

(d)

Gasoline pumps and pump islands shall not be located within the required building setbacks.

(e)

(f)

Canopies shall comply with the following requirements:

ii.

The canopy shall have a minimum clearance height of 14 feet and a maximum overall height of 18 feet.

iii.

The support posts for the canopy shall be placed so as not to be a traffic hazard for vehicles using the premises and not in any regularly used portion of the property used by vehicles.

iv.

Canopy lighting shall be completely recessed within the canopy so that the light source is not visible from off the site.

(g)

Vehicle parking spaces at the pump island may be counted as part of the overall required parking spaces for the property.

(h)

All on-site activities except those to be performed at the fuel pumps must be performed within a completely enclosed building.

(i)

Merchandise offered for sale may be displayed adjacent to the gasoline pump islands and canopy supports.

(j)

Specific to the MU District:

May only be permitted when specifically identified on the Concept or Development Plan and in conjunction with another use such as a convenience store or grocery store; and

ii.

A pedestrian entrance to the principal building on the site from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(9)

Small-Box Discount Stores:

(a)

Incidental outdoor display is prohibited at all small-box discount stores.

(b)

ii.

iii.

Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

(c)

(10)

Specialty Retail and Paraphernalia sales:

(a)

Any establishment with gross monthly sales of Specialty Retail and Paraphernalia sales representing more than 25 percent of total sales shall only be permitted with a SUP.

(b)

May not be located within 1,000 feet of a public or private school, church, park, or hospital, which shall be measured from property line to property line.

(c)

Specialty Retail and Paraphernalia items shall be as defined in Article XII, Definitions.

(11)

Any retail sales use with outdoor storage:

(a)

(b)

If adjacent to any residential uses, they shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(12)

Any use with drive-thru facilities:

(a)

Drive-thru facilities shall have no more than one driveway per street frontage.

(b)

(c)

Specific to the MU district:

May only be permitted if specifically identified on a Concept or Development Plan.

ii.

Shall meet the design standards for drive-thru uses in the Special District Design standards in Article IX, Landscape, Screening, and Tree Preservation.

(13)

Alternative Finance Institution:

(a)

No Alternative Financial Institution shall be located within 2,500 feet, measured from property line to property line, of any other alternative financial institution.

(b)

No Alternative Financial Institution shall be located within 400 feet, measured from property line to property line, of a lot zoned or used for residential purposes.

(c)

No Alternative Financial Institution shall be located within 500 feet of I-30, measured from the right-of-way line to property line.

(d)

An Alternative Financial Institution may only be a principal use that requires an SUP. An alternative financial establishment shall not be considered as an accessory use.

(14)

Car rental:

(a)

The types of vehicles for rent shall be limited to passenger cars and/or ¾-ton pick-up trucks.

(b)

No more than 20 parking spaces shall be reserved for rental vehicles.

(15)

RV, trailers, and truck rental:

(a)

(16)

Restaurant with outdoor or sidewalk service: Shall meet the design standards for sidewalk cafes in Article V, Design and Development Standards.

(17)

Bed and Breakfast Establishment:

(a)

Number of guest rooms is limited to six.

(b)

Cooking facilities in guest rooms are not allowed.

(c)

Individual guest occupancy is limited to no more than one month in any three-month period.

(18)

Motel: Any motel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain at least three amenities on the same site as the motel from the list below:

(i)

Indoor/Outdoor Pool.

(ii)

Spa/Sauna.

(iii)

Weight Room/Fitness Center.

(iv)

Playground.

(v)

Sports Court.

(vi)

Plaza/Atrium.

(vii)

Game Room.

(viii)

Conference Room (700 square feet minimum).

(ix)

Full-Service Restaurant (minimum searing capacity of 35).

(c)

May not be located within 1,500 feet (measured linearly from property line to property line) from any other Hotel, Motel, or Residential Hotel property.

(19)

Limited-Service Hotel: Any limited-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 700 square feet of meeting room space;

(ii)

Limited food and beverage service, including breakfast buffet service;

(iii)

Minimum of 400 square feet of pool surface area;

(iv)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(v)

Parking at a ratio of one space per guest room.

(c)

(20)

Full-Service Hotel: Any full-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 100 guest rooms and/or suites.

(ii)

A minimum of 4,000 square feet of meeting room space;

(iii)

A minimum of one restaurant that provides three meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of 30 customers;

(iv)

Minimum of 800 square feet of pool surface area;

(v)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(vi)

Parking at a ratio of 1.25 spaces per guest room.

(c)

(21)

Trailer Camp/RV Park:

(a)

Facility shall provide an amenity center and use by any single RV or trailer shall be limited to a three-week maximum every six months. Car or tent camping shall be prohibited.

(22)

Offices for business, professional, or technical services:

(a)

(i)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(23)

Offices for administrative services:

(a)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(24)

Surface parking lot: shall be screened when located adjacent to any residential uses or public right-of-way with a screen in accordance with Article IX, Landscape, Screening, and Tree Preservation.

(25)

Structured parking: Shall meet the standards for parking garages in the Special District Design Standards in Article V, Design and Development Standards.

(26)

(27)

(a)

All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in (c) below;

(b)

All screening devices shall be constructed of 100 percent brick, stone, or architecturally-finished reinforced concrete;

(c)

(d)

Any painting, staining, coating, covering or other coloring of any screening device shall be of a uniform color;

(e)

All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times;

(f)

Outside storage shall not be stacked, accumulated, kept, or otherwise placed above the solid screening device described in this subsection; and

(g)

(28)

Micro-brewery, micro-distillery, winery: maximum size of primary structure and any accessory structure shall be limited to a total aggregate area of 25,000 sq. ft.

(29)

(30)

(a)

(b)

(c)

(d)

(e)

(f)

(31)

Telecommunications Facilities, Building-Mounted:

(a)

Ground- and building-mounted dish antennas shall not be permitted in any front setback area or side or rear yard if adjacent to any roadway.

(b)

Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening masonry wall or evergreen hedge.

(c)

Building/roof-mounted antennas one meter or less in diameter are permitted in all zoning districts.

(d)

(e)

Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 10,000 square feet of building floor area in the non-residential districts.

(f)

(g)

(32)

Telecommunications Towers:

(a)

Structural Standards: Guyed telecommunications towers shall be designed and located such that if the structure should fall it will avoid habitable structures and public streets.

(b)

Co-location:

ii.

(c)

Tower Height:

The height of a tower, whether freestanding or building-mounted, shall be measured from the base of the tower to the highest point of the tower, including any installed antennas and appurtenances.

ii.

The maximum height for towers is 75 feet plus 25 feet for each co-located installation, or as approved by Specific Use Permit in accordance with Table 4.1-5.

(d)

(e)

Location:

ii.

iii.

iv.

Any new telecommunications tower in excess of 180 feet in height shall be located a minimum of one mile from any existing tower in excess of 180 feet in height.

(f)

(g)

(h)

Stealth Towers:

ii.

(i)

Whip and Panel Antenna Mounting Standards:

Telecommunications antennas and arrays are allowed by right on existing electric transmission towers.

Panel antennas, which do not extend above the structure, or whip antennas 15 feet or less in height, are permitted on conforming billboard structures.

Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area.

ii.

(Ord. No. O-2021-037, § 2, 9-7-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 9—11, 7-1-2024)

Sec. 36-4.3 - Accessory uses and structures

4.3.2. Approval Procedure.

(1)

Generally. Any of the accessory uses identified in this section may be allowed as accessory to an authorized primary use provided that:

(a)

The proposed accessory use is allowed as a primary or accessory use in the base district or overlay district where proposed; and

(b)

The proposed accessory use or structure is consistent with the general and specific standards for accessory uses in this subsection.

(2)

(3)

Subsequent to a Primary Use.

(a)

Unless exempted, a building permit shall be required in cases where an accessory use or structure is proposed subsequent to a primary use.

(b)

In cases where the primary use is subject to a Specific Use Permit, an accessory use may only be authorized in accordance with the provisions in Section 2.5.3, Specific Use Permit Procedures.

(c)

Excepting on parcels five acres or greater in size, no accessory use shall be permitted until the accompanying primary use or structure is established.

(1)

(2)

The purpose and intent of the zoning districts in which the accessory use is located;

(3)

Potential adverse effects the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other primary and accessory uses permitted in the district.

4.3.4. Table of Accessory Uses and Structures.

4.3-1 Table of Accessory Uses and Structures
■ = Permitted by Right/□ = Permitted with a Specific Use Permit/Blank Cell = Not Permitted/* = Additional Standards Apply
Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Accessory Building (not listed below)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.3.6(1)
Accessory Use (not listed below)	■	■	■	■	■	■	■	■*	■*	■*	■*	■*	■*	■*	■*	■	■*	4.3.6(1)
Alternative Energy System	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*
Caretaker's quarters	■*	■*						■	■	■	■	■	■	■	■	■	■	4.3.6(2)
Carport	■	■	■*	■*	■*	■*	■*								■*	■*	■*	4.3.6(3)
Community Center/Club house(private)		■	■	■	■	■	■	■							■	■	■
Accessory dwelling unit (attached)	■*	■*	■*	■*	■*	■*									■*	■*	■*	4.3.6(4)
Accessory dwelling unit (detached)	■*	■*	■*	■*	■*										■*	■*	■*	4.3.6(5)
Residential Garage (detached)	■	■	■	■	■	■	■								■	■
Surface parking	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
Storage shed (residential)	■	■	■	■	■	■	■									■
Swimming pool	■	■	■	■	■	■	■		■*				■*			■
Home-occupation	■	■	■	■	■	■	■								■	■	■
Electric vehicle charging station								■	■	■	■	■	■	■	■	■	■
Outdoor storage								■*	■*	■*	■*	■*	■*					4.3.6(9)
Outside display and sales								■*						■*		■*	■*	4.3.6(10)
Recycling collection center									□	□	■
Sidewalk café								■*	■*					■*		■*	■*	4.3.6(11)

(1)

Size: All accessory uses and structures shall:

(a)

Be clearly subordinate in area, extent, and purpose to the primary use or structure; and

(b)

Not violate the bulk, density, parking, landscaping, or open space standards of this Ordinance when taken together with the primary use or structure.

(c)

Maximum Size:

ii.

Lot 16,335 sq. ft. (⅜ acre) or More:
The area of any detached accessory structure except accessory dwelling units shall not exceed the lesser of:

(a)

6 percent of the total lot square footage;

(b)

75 percent of the total primary structure square footage;

(c)

1,200 sq. ft.

iii.

(a)

Where the accessory building is not associated with the agriculture use, the provisions in subsection (ii) above shall govern.

(b)

Where the accessory building is associated with the agricultural use, the floor area shall not exceed 5,000 square feet, except where authorized by the Administrator.

iv.

Accessory buildings on lots 16,335 sq. ft. (⅜ acre) or larger may have an attached awning a maximum of 450 sq. ft. and shall not be considered in the square footage of the building, provided:

(a)

It is open on at least three sides.

(b)

The overall area of coverage does not exceed the maximum lot coverage for the zoning district in which it is located.

(2)

Function: All accessory uses and structures shall directly serve the primary use or structure and be accessory and clearly incidental to the primary use or structure.

(3)

(4)

(5)

Location: Accessory uses or structures shall be located on the same lot as the primary use or structure and shall comply with setback standards in Section 4.3.6, Additional Accessory Use Standards.

(a)

Accessory structures shall not be located within platted or recorded easements.

(b)

(6)

Design Compatibility:

(a)

Lots used for agricultural purposes.

ii.

Except on lots used for agricultural purposes, prefabricated metal shipping containers may not be used as accessory structures.

(7)

Ownership: Accessory uses or structures shall be owned or operated by the same person as the primary use or structure.

4.3.6. Additional Accessory Use Standards.

(1)

Accessory Buildings:

(a)

Uses:

(b)

Building Design, Residential Lot Less Than 16,335 sq. ft. (⅜ acre) and All Non-Residential and Special Districts:

TABLE 4.3-2: Accessory Building Design Standards
Floor Area		Building Design Standards
A.	Less than or equal to 200 square feet in floor area	All residential districts - No requirement All non-residential and special districts - the design requirements of section C shall apply
B.	More than 200 square feet but less than 550 square feet in floor area	All residential districts - Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. All non-residential and special districts - the design requirements of Table 4.3-2, section C shall apply.
C.	550 square feet or larger in floor area	All districts - Same as the Primary building design standards in Article V. Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. The exterior appearance of an accessory structure shall be architecturally compatible with the primary structure, including, but not limited to, façade treatment and color, building orientation, building placement, building articulations and trim, roof pitch, window, and window treatments, and building mass.

(c)

Building Design, Residential Lot 16,335 sq. ft. (⅜ acre) or More:

Table 4.3-2(a): Accessory Building Design Standards
	Floor Area	Less Than or Equal to 200 Square feet in Floor Area	More Than 200 Square Feet or Larger in Floor Area
A.	Roof	No requirement	Minimum 4/12 roof pitch. Flat roofs are prohibited
B.	Color	No requirement	Shall be compatible with the primary structure
C.	Screening	No requirement	(1) No requirement if design standards met; If design standards not met, then: (2) Minimum 6-foot board-on-board fence around the entire perimeter of the lot; or (3) Minimum 6-foot solid, continuous, and unbroken evergreen shrub (or similar plant) living screen around the entire perimeter of the accessory building; or (4) Any other screening method authorized by the Unified Development Ordinance.
D.	Exemptions	Not Applicable	Except for roof pitch, height, and setback accessory buildings may be exempt from the Accessory Building Design Standards if: (1) Screened as provided in subsection E. above; and (2) Located completely within the rear yard.

(d)

Setbacks and Number of Buildings:

Front setback: Accessory buildings, such as but not limited to garages, storage buildings, or storm shelters, shall be located completely within the rear yard.

ii.

iii.

Number of accessory buildings:

Lots that are less than three-eighths (⅜) acre shall be limited to 1 accessory building in addition to the primary building.

Lots that are three-eighths (⅜) to one acre shall be limited to 2 accessory buildings in addition to the primary building.

Lots that greater than 1 acre shall be limited to 4 accessory buildings in addition to the primary building.

iv.

Minimum Separation:

Detached accessory structures shall maintain a minimum of six (6) feet from all other structures.

(2)

Caretaker's quarters: Caretaker's quarters may be permitted as an accessory use provided:

(a)

The structure is oriented towards the side or rear yard of the primary structure; and

(b)

The unit is a maximum of 1,000 sq. ft. and shall contain no more than one kitchen.

(3)

Carports in any Required Front Yards:

(a)

The purpose of this provision is to allow carports to be erected within the required front yard when no other feasible option exists on the qualifying residential lots.

(b)

Approval: Carports may be permitted in required front yards of certain single-family residential lots where the Administrator determines that the proposed carport:

Is in keeping with the existing, location, and design of other carports on other adjoining lots in the same neighborhood or street;

ii.

Will not cause sight obstructions to motorists on or entering the street or abutting neighborhood;

iii.

Will not cause a negative visual impact on the streetscape of the neighborhood;

iv.

Is compatible with the architectural style of the dwelling and the predominant architectural style of the neighborhood; and

There are no recorded and active covenants and/or restrictions that apply to the subject property and/or surrounding neighborhood that would prohibit the proposed carport.

(c)

Standards: Any carport that is permitted to occupy a portion of the required front yard shall comply with the following restrictions:

Freestanding carports that are not structurally integrated with the roof of the principal structure shall not exceed 18 inches of separation from the principal structure.

ii.

Except for the roof, carports shall be painted to match or replicate the color of the trim areas of the primary structure/residence.

iii.

iv.

(4)

Carports in rear or side yards:

(a)

Permitted carports located in the read or side yard of a lot shall comply with the setback standards of the zoning district.

(5)

Accessory Dwelling Unit (attached): An attached accessory dwelling unit that meets the standards in this section shall not count as a dwelling unit for purposes of calculating density on the site:

(a)

The accessory dwelling unit may be created in one of the following ways:

From existing space in the primary dwelling;

ii.

From a combination of existing and newly created space associated with the primary dwelling;

(b)

May comprise no more than 40% of the primary dwelling unit area.

(c)

Shall not have more than one kitchen or one bathroom.

(d)

Does not have to meet any off-street parking standards.

(e)

(6)

(a)

Meet the setback and height standards of the primary structure on the lot

(b)

A 10% increase in the lot coverage standard may be allowed to accommodate the detached accessory dwelling unit.

(c)

(d)

(e)

Does not have to meet any off-street parking standards.

(f)

The accessory dwelling unit shall comply with all applicable fire and life safety codes

(g)

A separate driveway to the ADU shall be permitted if it is no less than 75 feet from any existing driveway.

(7)

Residential garage (detached):

(a)

If visible from the street, the maximum size shall be a 3-car garage.

(b)

Design shall be compatible with the primary residence on the property.

(c)

Garage shall not be located forward of the primary structure on the lot.

(d)

Setbacks shall be the same as any other accessory buildings on the lot; see Section 1.d.ii.

(8)

Home-Based Businesses: There are two categories of home-based businesses permitted by this section - home occupations and live-work units.

(a)

Applicability. Home-based businesses are permitted in the following districts according to Table 4.3-3.

Table 4.3-3: Districts that Permit Home-Based Businesses
Zoning District	Home Occupation	Live-Work Unit
Agricultural	■
Residential Estate	■
Residential Suburban Density 1	■
Residential Suburban Density 2	■
Residential Urban Density 3	■
Residential Urban Density 4	■
Manufactured Home	■
Neighborhood Commercial		■
General Commercial
Innovative & Light Industrial		■
Heavy Industrial
Public and Parks
Institutional and Civic
Mixed Use		■
Mixed Use Transition		■
Neighborhood Transition		■
Old Town Core		■
Key: "■" in a cell indicates that the use is permitted by right in the respective zoning district.

(b)

Prohibited Home-Based Businesses. The following uses, because of their effects on the surrounding residential area, are prohibited as home-based businesses.

(i)

Auto-related sales and services, including motor vehicle towing operations and painting of vehicles, trailers, or boats;

(ii)

Barber or beauty shops having more than two chairs;

(iii)

Dance, music, or other types of tutoring instruction where more than six students are being instructed at one time;

(iv)

Dental office or medical office;

(v)

Nursing homes;

(vi)

Outdoor storage;

(vii)

Private schools (homeschooling is excluded from this prohibition);

(viii)

Welding shops; and

(ix)

(c)

Home Occupations. A home occupation may be permitted as accessory to any principal dwelling unit in districts that permit residential uses, subject to the following standards:

(i)

Definition. A Home Occupation is a limited commercial use that is incidental to a residential use.

(ii)

(iii)

(iv)

Neighborhood Compatibility.

The home occupation shall not cause any change in the external appearance of the existing buildings and structures on the property.

Parking of vehicles to accommodate the off-site employee or permitted customers is limited to the driveway of the premises or along the curb immediately adjacent to the premises.

(d)

Live-Work Units (LWUs). The following regulations apply to live-work units (LWUs):

(i)

Definition.

In a mixed-use development or building, a live-work dwelling is considered a non-residential use.

(ii)

Limitations.

The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.

Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at one time.

(iii)

Setbacks. Live-Work units shall meet the minimum setback requirements of the zoning district or overlay zoning district in which it is located.

(9)

Outside Storage: Shall meet the standards in Section 4.2.4, Commercial Uses.

(10)

Outside Display and Sales:

(a)

The use is not permitted within street frontage building setbacks or any landscape buffer area as required by Article V, Design and Development Standards.

(b)

Limited to no more than ten percent of the length of the building facade containing the primary use.

(c)

If along the store front, no building entrances shall be blocked and a minimum of 5' clear pedestrian passageway is provided along any public sidewalk or walkway.

(d)

If utilizing a surface parking area, it shall only be for temporary display and sales for seasonal items.

(e)

If permitted to be displayed for more than 45 continuous days, then they shall be screened to meet the standards for screening of outside storage areas in Section 4.2.2, Commercial Uses.

(f)

Outside display and sales shall not facilitate any transactions to be made from an occupied motor vehicle.

(11)

Sidewalk Café: In all districts in which a sidewalk café is allowed, occupancy of a public sidewalk or parkway for a sidewalk café shall be permitted under the following conditions:

(a)

Use of any public sidewalk is subject to approval of an easement or right-of-way use agreement by the City Council.

(b)

The sidewalk to be used for outdoor seating must be abutting and contiguous to the restaurant.

(c)

A sidewalk cafe may not be enclosed by fixed fencing or other structures, unless necessary to comply with requirements to serve alcohol.

(d)

A sidewalk cafe must be open to the air; however, it may be covered with a canopy.

(e)

There shall be a six-foot wide unimpeded sidewalk remaining for pedestrian flow from the face of the curb and the area of sidewalk café seating.

(f)

The sidewalk café shall be setback a minimum of five feet from any driveways and alleys, and ten feet from intersections.

(g)

All curbs, alleys, sidewalks, and public rights-of-way adjacent to such sidewalk café shall be kept in a clean and orderly condition.

(Ord. No. O-1789, §§ 2, 3, 11-20-2017; Ord. No. O-2021-011, §§ 2, 3, 5-3-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 12—14, 7-1-2024)

Sec. 36-4.4 - Temporary uses and structures

4.4.2. Approval Procedure. Any use listed in this section may be permitted as a temporary use provided:

(1)

Where indicated on Table 4.4-1, the proposed temporary use obtains a Specific Use Permit in accordance with the requirements in Section 2.5.3, Specific Use Permit Procedures; and

(2)

The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this section.

4.4.3. Table of Temporary Uses and Structures.

4.4-1 Table of Temporary Uses and Structures
■ = Allowed by Right (permit required) ● = Allowed by Right (No permit required) □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Temporary Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Temporary Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Construction Office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Construction related storage-yard	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Temporary Real estate sales office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(2)
Model Home	■*	■*	■*	■*	■*	■*	■*								■*	■*		4.4.5(2)
Festivals and civic events (includes carnivals, circus, etc.)	□*							□*	□*			□*	□*	□*	□*	□*		4.4.5(3)
Garage sales	■*	■*	■*	■*	■*	■*	■*									■*		4.4.5(4)
Temporary storage containers	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	4.4.5(5)
Mobile vending (food truck parks, hotdog stands, snow cones, etc. on public property)												■*	■*	■*			■*
Seasonal sales	■*							■*	■*	■*		■*	■*	■*		■*	■*	4.4.5(6)
Any other temporary use or structure (other than listed above)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

4.4.4. General Standards for all Temporary Uses and Structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

(1)

The temporary use or structure shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare.

(2)

The temporary use shall comply with all applicable general and specific regulations of this Section 4.4, Temporary Uses and Structures, unless otherwise expressly stated.

(3)

Permanent Alterations (any alterations that do not comply with temporary use criteria and timelines outlined in this Ordinance) to the site are prohibited.

(4)

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.

(5)

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

(6)

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as health or building permits.

(7)

(8)

(9)

(10)

Off-street parking, including designation of the off-street parking spaces, shall be adequate to accommodate the proposed temporary use, except when waived by the Administrator.

4.4.5 Additional Standards for Temporary Uses and Structures.

(1)

Construction Field Office and Construction Storage Yard:

(a)

This use is limited to on-premises construction purposes associated with the properties within the same platted subdivision.

(b)

The Administrator may order the use to be discontinued, and in no event shall such temporary use continue after subdivision construction is 100-percent complete.

(2)

Temporary Real Estate Office or Model Home:

(a)

This use may be located in a model home or a portable building within the subdivision.

(b)

The Administrator may order the use discontinued, and in no event shall such temporary use continue after subdivision sales are 80-percent complete.

(3)

(a)

The event is carried on for a period of time not exceeding fifteen (15) consecutive days or other time limitation as specified by City Council through the SUP approval;

(b)

(c)

Assemblies are carried on out-of-doors, in temporary shelters, or tents;

(d)

A permit is obtained in accordance with the provisions provide herein.

(4)

Garage Sales or Yard Sales:

(a)

No more than 3 garage sales within any one (1) calendar year may occur at any individual property.

(b)

The duration of the sale shall not exceed 72 hours. The next garage sale shall not occur until seven (7) consecutive calendar days have passed.

(5)

Temporary Storage Containers (PODs):

(a)

PODs may be allowed for residential and commercial moving or remodeling.

(b)

PODs shall be placed on the driveway or parking lot at the furthest point from the street.

(c)

PODs cannot be placed on any public right-of-way or in grassy areas in the front yard.

(d)

Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(e)

Each non-residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(f)

If used during remodeling, then the POD shall be removed within 10 days of final inspection or Certificate of Occupancy issuance.

(6)

(a)

The maximum duration of a single seasonal sales permit is 45 days. Only one sale is permitted per season on any single lot. Such a limitation shall not apply to farmers' markets and similar uses.

(b)

On a developed lot, the maximum area for seasonal sales shall be no greater than 30 percent of any surface parking area. Such a limitation shall not apply to farmers' markets and similar uses.

(c)

Outside display shall not block any sight triangles or fire lanes.

(d)

On undeveloped lots, access and parking may be gravel so long as it is maintained in good condition and is approved by the Administrator.

(Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, § 7, 7-1-2024)

Fate City Zoning Code

ARTICLE IV

- USE STANDARDS

Sec. 36-4.1 - Table of allowed uses

4.1.2. Explanation of Use Table Abbreviations.

(1)

(2)

(3)

PROHIBITED USES: A blank cell indicates that the use is prohibited in the respective zoning district.

(4)

(5)

ALLOWED LAND USES IN PLANNED DEVELOPMENT DISTRICTS: Land uses in a Planned Development district are permitted as follows:

(a)

If the PD Concept Plan specifically references a base zoning district:

Any land use permitted by right in the applicable underlying base zoning district, as amended, may be permitted.

ii.

Any land use requiring a Specific Use Permit in the applicable underlying base zoning district, as amended, is only allowed if a Specific Use Permit is issued for the use.

(b)

The PD district may list the permitted, prohibited, and Specific Use Permit uses separately.

(c)

A combination of the above.

(1)

(a)

The actual or projected characteristics of the proposed use;

(b)

The volume and type of sales, retail, wholesale, etc. for commercial uses;

(c)

The size and type of items sold and nature of inventory on the premises;

(d)

The type and number of customers and employees;

(e)

The hours of operation;

(f)

The size and arrangement of buildings and parking on the site;

(g)

The amount of parking needed and estimate of trips generated by the proposed use;

(h)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, or distribution;

(i)

Any dangerous, hazardous, toxic, or explosive materials used in the processing;

(j)

(k)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;

(l)

(m)

The effect on adjacent properties created by the proposed use type, which should not be greater than that of other use types in the zoning district.

(2)

Standards for new and unlisted uses may be interpreted as those of a similar use.

(3)

Appeal of the Administrator's decision shall be made to the Zoning Board of Adjustment following procedures of Section 2.5.6, Zoning Variances and Appeals.

(4)

The Administrator may periodically request amendments to this Ordinance to incorporate newly listed uses into Article IV, Use Standards and Article XII, Definitions.

4.1.5. Table of Allowed Uses.

4.1-1 Table of Allowed Uses
■ = Permitted by Right □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Use Category	Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Category	Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Residential Uses
Household Living	Dwelling, single-family detached	■	■	■	■	■		■								■*	■*		4.2.1(1)
	Dwelling, duplex			■	■	■	■									■	■
	Dwelling, townhouse (SF attached or multifamily)					■*	■*		□*	□*						■*	■*		4.2.1(2)
	Dwelling, live/work						■*		■*							■*	■*	■*	4.2.1(3)
	Dwelling, multifamily (4 DU/lot or fewer)					□*	■*		□*							■*	■*		4.2.1(4)
	Dwelling, multifamily (more than 4 DU/lot)						■*			□*						■*	■*	■*	4.2.1(4)
	HUD-Code manufactured home							■
	Mixed Use, Vertical						■		■	□	□				■	■	■	■
	Industrialized Housing							■
Group Living	Assisted living facility (≤6 residents)	■	■	□	□	□	■		□							■	■
	Assisted living facility (≥7 residents)						□			□				□		□	□
	Boarding house, fraternity or sorority house, private dorm						■										■	■
	Community, group or foster home	■	■	■	■	■	■	■								■	■
	Independent senior living facility						□*			■*				■*		■*	■*		4.2.1(5)
	Nursing home						□		□	■				■	□	□
Public and Institutional Uses
Civic and Cultural Facilities	Art gallery or museum								■	■			■	□	□	□	□	■
	Special purpose recreational institution								□	■	■		□	■	□		□	□
	Civic, social, philanthropic, or fraternal organizations								□	■				■	■	□	■	□
	Labor or political organizations								■	■	■			■	■	■
	Business or professional organizations								■	■	■			■	■	■
	Religious Assembly and Institutions	□	□	□	□	□	□	□	■	■	■	□	□	■	■	■	■	■*	4.2.2(1)
Parks and Recreation Facilities	Community Garden	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Farmers' Market	■	■				■		■	■			■	■	■	■	■	■
	Park, playground, or nature preserve	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Recreation Center								■	■	■		■	■	■	■	□	□
Health and Human Services	Clinics and labs								■	■	■			■	■	■
	Nursing and other rehabilitative services								□	■				■	■	■
	Hospital									■	■			■	■
	Social assistance and welfare services								■	■				■
	Funeral homes and services (with or without cremation services)								■*	□		■							4.2.2(2)
	Cemetery	■												■
Public and other government functions	Legislative and executive functions								■	■	■		■	■	■	■	■	■
	Courts (local, state and federal)									■			■	■	■			□
	Correctional institutions									□				□				□
	Public safety facility	■							■	■	■	■	■	■	■	■		■
	Other government functions	□							□	■	■	■	■	■	■	□		■
Educational service establishments (public and private)	Child day care	■	■				■		■	■*				■	■	■	■		4.2.3(1)
	Nursery and pre-school	■	■	■	■	■	■	■	■	■*				■	■	■	■		4.2.3(1)
	Elementary and Middle Schools	■	■	■	■	■	■	■	■				■	■	□	■	■
	High Schools	■	■	■	□	□	□	□	■	■	■		■	■	■	■
	Colleges and Universities	□								■	■			■	■
	Technical, trade, and specialty schools	□							□	■	■	■		■	■
Commercial Uses
Agricultural Uses	Crop production	■	■	■	■
	Support functions for agriculture	■	■							■	□	■
	Greenhouse, nursery, floriculture (wholesale)	■	■							□	■	■
Animal production and ranching	Cattle ranches	■	□
	Sheep and goat farming	■	□
	Livestock	■	□
	Fish hatcheries, aquaculture	■	□									■
	Apiculture	■	■									■
	Horse and equine farming	■	■
Animal related services	Veterinary clinic	■*							■*	■*					■*	■*			4.2.4(1)
	Animal hospital	■								■	■	■
	Kennels, commercial	■								■*		■							4.2.4(2)
	Stables, commercial	■
	Pet and animal-related sales and services (including grooming and care)	■							■*	■*					■*	■*	■*		4.2.4(3)
	Any animal related service with outdoor pens or runs	■								□		□
Auto-related sales and service	Motor vehicle sales, new									□
	Motor vehicle sales, used									□		□
	Large vehicle sales & service									□		□
	Specialty vehicle sales, new									□					□
	Specialty vehicle sales, used									□
	Auto repair and service, minor								□*	■*					■*				4.2.4(4)
	Auto repair and service, major									□*		■*							4.2.4(5)
	Car and truck wash									■*		■*							4.2.4(6)
	Auto-related parts and accessory sales								■*	■*					■*				4.2.4(7)
	Gasoline sales pumps								□*	■*		■*			□*				4.2.4(8)
Retail Sales	Furniture and home furnishings								□	■					■
	Building materials, Home and Garden Centers								□	■					■
	Swimming pool, spa, and accessory sales and service								□	■		■			■
	Department store, superstore, or warehouse club									■					■
	Electronics and appliances								■	■					■	□		■
	Durable consumer goods sales (computers, clothing, art supplies, florist, shoes, jewelry, etc.)								■	■					■	□		■
	Grocery store or supermarket (includes beer and wine sales as accessory use)								■	■					■	□		□
	Small-Box Discount Store (includes beer and wine sales as accessory use)								□*	□*									4.2.4(9)
	Convenience store (includes beer and wine sales as accessory use)								■	■					■			■
	Off-premises alcohol sales (as primary use)								□	■					■	□		■
	Off-premises beer and wine sales (as a primary use)								■	■					■	□		■
	Pharmacy or drug store								■	■					■	■		■
	Cosmetics and beauty supplies								■	■					■			■
	Firearm sales									■					□
	Pawn shop									□
	Used goods sales									□					□			□
	Specialty retail and paraphernalia sales									□*					□*				4.2.4(10)
	Any retail sales use with outdoor storage									■*					■*				4.2.4(11)
	Any retail sales use with gasoline sale pumps								□*	■*					□*				4.2.4(8)
	Any retail sales use with drive-thru facilities								□*	■*					■*				4.2.4(12)
Financial and Real Estate Services	Banks, investment, or financial institution (without drive-thru service)								■	■					■	■		■
	Banks, investment, or financial institution (with drive-thru service)								□*	■*					■*				4.2.4(12)
	Alternative Finance institution									□*									4.2.4(13)
	Real estate services								■	■					■	■	■	■
	Property management services								■	■	■				■			■
Rental and Leasing	Car rental									□*		■*							4.2.4(14)
	RV, trailers, and truck rental									□*	□*	■							4.2.4(15)
	Recreational and consumer goods rental									■					□
	Commercial and industrial machinery leasing and rental									□		■
	Video, music, or software rental								■	■					■			■
Food and Beverage Services	Full-service restaurant								■	■					■	□		■
	Café or self-service restaurant								■	■					■	□	■	■
	Restaurant with take-out or delivery only								■	■					■			■
	Snack, coffee, juice, ice cream, or specialty food sales								■	■	□				■	□	■	■
	Catering service								■	■	■	■			■
	Bar or drinking establishment								□	■					■	□		■
	Food truck pod								■	□	■						■	■
	Any food and beverage establishment with drive-thru facility								■*	■*					■*				4.2.4(12)
	Any food and beverage establishment with outdoor or sidewalk service								■*	■*					■*	□*	□*	■*	4.2.4(16)
Lodging Facilities	Bed and breakfast establishment	■*	■*													■*	■*	□*	4.2.4(17)
	Motel									□ ^*									4.2.4(18)
	Limited Service Hotel									■*					□*				4.2.4(19)
	Full Service Hotel									■*					■*			□ ^*	4.2.4(20)
	Residence Hotels
	Trailer Camp/RV Park	□*																	4.2.4(21)
Business, Professional, and Technical Services	Call centers									■	■				■	■
	Offices for business, professional, or technical services								■*	■	■				■	■*	■	■	4.2.4(22)
	Offices for administrative services								■*	■					■	■*	■	■	4.2.4(23)
	Services related to buildings (janitorial, landscaping, cleaning, etc.)								□	■	■	■
	Medical and dental offices								■	■	□			■	■	■	■	■
Personal Services	General personal service (except those listed below)								■	■					■	■	■	■
	Bail bond service									□		□
	Tattoo parlor or piercing studio									□		■
Recreation and Entertainment Uses (Indoor)	Banquet or meeting facility									■	□				■
	Fitness club, gym, or sports club								■	■	■				■			■
	Games arcade								■	■					■			■
	Skating rink (ice, roller skating, etc.)								□	■	■				■
	Bowling, billiards, pool, bingo, etc.									■	□				■	■		□
	Shooting club (indoor)	□								■		■
	Theater (movie, music, drama, or dance)								■	■	■		□		■			■
	Recreation, indoor (other than listed)	□							□	□	□	□	□		□			□
Recreation and Entertainment Uses (Outdoor)	Outdoor Amusement establishment	□								■					■
	Golf course or Country Club	■											□
	Shooting club (outdoor)	□
	Miniature golf establishment									■					■
	Major tourist attraction									□	□	□			□
	Recreation, outdoor (other than listed)	□								□	□	□			□
Other Commercial Uses	Surface parking lots								□*	□*	□*	■*			■*				4.2.4(24)
	Structured parking									■*	■*	■*	■*	■*	■*	■*		■*	4.2.4(25)
	Sexually oriented business											■*							4.2.4(26)
Industrial Uses (see 4.2.3(27) for outside storage standards)
Manufacturing Uses	Food and beverage processing with no animal slaughtering										■	■
	Winery and taste room	■								■	■	■			■			■
	Microbrewery, micro-distillery									■*	■*	■*			■*			■*	4.2.4(28)
	Paper and printing materials										■	■
	Furniture and related products										■	■
	Machinery, appliance, electrical equipment, electronics, and components											■
	Transportation equipment and automobiles											■
	Miscellaneous manufacturing (jewelry, toys, games, office supplies, custom crafts, etc.)										■	■
	Artisan industry										■	■			■		■*	■*	4.2.4(29)
Warehouse and storage	Cold storage plant											■
	Distribution center or warehouse											□
	Self-storage or mini-storage											□
Construction- related businesses	Machinery related contractors' yards and storage											■
	Specialty trade contractors									□	■	■
	Asphalt or concrete batch plant											□
Transportation- related uses	Air transportation related uses											■
	Rail transportation related uses									□	■	■	■		□
	Other local, regional, intercity transportation uses (public and commercial)								□	□	■	■	■	□	■	□		■
	Taxi and limousine service									■		■
	Courier, messenger, and postal services								■	■		■				■
	Truck and freight transportation services											□
Utilities and Utility Services	Utility lines, towers or metering/pumping station	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
	Sewer, solid waste, recycling, and related services											■
	Natural gas, petroleum, fuel related services											■
	Electric utility services (includes generating plants and substations)											□
	Telecommunications equipment and facilities (building-mounted)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.2.4(30), (31)
	Telecommunications towers	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	□ ^*	4.2.4(30, 31, 32)
	All other utility related uses (other than listed)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

Sec. 36-4.2 - Additional Use Standards

The standards in this section apply as noted in Tables 4.1-1 Table of Allowed Uses.

4.2.1. Residential Uses.

(1)

Dwelling, single-family detached:

(a)

In the MUT and NT zones, single-family detached residential lots shall not exceed 40 feet in width.

(2)

Dwelling, Town House (single-family attached or multifamily):

(a)

(b)

Townhomes shall comply with the standards for residential building types in Article V, Design and Development Standards.

(3)

Dwelling, Live/Work:

(a)

(b)

In a mixed-use development or building, a live/work dwelling is considered a non-residential use.

(4)

Dwelling, Multifamily:

(a)

All multifamily dwellings shall comply with the standards for residential building types in Article V, Design and Development Standards.

(b)

(5)

Independent Senior Living Facility:

(a)

In the INS district, this use shall be in conjunction with a medical center, nursing, or similar facility.

(b)

Shall comply with the standards for residential building types in Article V, Design and Development Standards.

4.2.2. Public and Institutional Uses:

(1)

Religious Assemblies and Institutions:

(a)

In the OTC district, shall only be permitted in the area north of SH 66.

(2)

Funeral homes and services (with or without cremation services):

(a)

In the NC zone, cremation services are not permitted.

4.2.3. Educational Service Establishments:

(1)

In the GC zone, child day care or nursery and pre-school shall be permitted when accessory to an existing permitted use (for example, a church or office with a mid-week day care).

4.2.4. Commercial Uses:

(1)

Veterinary Clinic:

(a)

In the NC, GC, MU, and MUT districts:

Commercial breeding is not permitted.

ii.

Uses shall be entirely enclosed, properly ventilated, and provide sound barriers and odor protection to adjacent properties and users nearby or within the same development.

(2)

Kennel, Commercial: Outdoor runs are not permitted in the GC district unless with an SUP.

(3)

Pet and animal-related sales and services (including grooming and care):

(a)

Outdoor runs are not permitted in any district except in the A district, where outdoor runs may be permitted with a SUP only.

(4)

Auto repair and service, Minor:

(a)

Spray painting or bodywork is not permitted. Dismantling, remanufacturing, or rebuilding are not allowed.

(b)

Outside storage or display of products or vehicles shall be prohibited.

(c)

Repair or installation work shall be conducted completely within a building.

(d)

(e)

In the MU District and PD Districts, Auto repair and service, Minor uses:

May only be permitted when specifically identified on the Concept or Development Plan;

ii.

Service bays shall not be oriented along pedestrian-oriented streets; and

iii.

A pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(5)

Auto repair and service, Major:

(a)

(b)

Repair or installation work must be conducted completely within a building.

(c)

(6)

(7)

Auto-related parts and accessory sales:

(a)

No outside storage or display of any merchandise.

(b)

In the MU or MUT District, auto-related parts, and accessory sales:

Shall provide a pedestrian entrance to the building from a public sidewalk along a Pedestrian-Oriented Street.

(8)

Gasoline sales pumps: Any use involving the retail sale of gasoline must comply with the following standards:

(a)

(b)

(c)

A gas station shall be located at least 400 feet from an existing school, park, playground, museum, or place of public assembly, which shall be measured from property line to property line.

(d)

Gasoline pumps and pump islands shall not be located within the required building setbacks.

(e)

(f)

Canopies shall comply with the following requirements:

ii.

The canopy shall have a minimum clearance height of 14 feet and a maximum overall height of 18 feet.

iii.

The support posts for the canopy shall be placed so as not to be a traffic hazard for vehicles using the premises and not in any regularly used portion of the property used by vehicles.

iv.

Canopy lighting shall be completely recessed within the canopy so that the light source is not visible from off the site.

(g)

Vehicle parking spaces at the pump island may be counted as part of the overall required parking spaces for the property.

(h)

All on-site activities except those to be performed at the fuel pumps must be performed within a completely enclosed building.

(i)

Merchandise offered for sale may be displayed adjacent to the gasoline pump islands and canopy supports.

(j)

Specific to the MU District:

May only be permitted when specifically identified on the Concept or Development Plan and in conjunction with another use such as a convenience store or grocery store; and

ii.

A pedestrian entrance to the principal building on the site from a public sidewalk along a Pedestrian-Oriented Street shall be required.

(9)

Small-Box Discount Stores:

(a)

Incidental outdoor display is prohibited at all small-box discount stores.

(b)

ii.

iii.

Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

(c)

(10)

Specialty Retail and Paraphernalia sales:

(a)

Any establishment with gross monthly sales of Specialty Retail and Paraphernalia sales representing more than 25 percent of total sales shall only be permitted with a SUP.

(b)

May not be located within 1,000 feet of a public or private school, church, park, or hospital, which shall be measured from property line to property line.

(c)

Specialty Retail and Paraphernalia items shall be as defined in Article XII, Definitions.

(11)

Any retail sales use with outdoor storage:

(a)

(b)

If adjacent to any residential uses, they shall be screened in accordance with the standards for a type of screen described in Article IX, Landscape, Screening, and Tree Preservation.

(12)

Any use with drive-thru facilities:

(a)

Drive-thru facilities shall have no more than one driveway per street frontage.

(b)

(c)

Specific to the MU district:

May only be permitted if specifically identified on a Concept or Development Plan.

ii.

Shall meet the design standards for drive-thru uses in the Special District Design standards in Article IX, Landscape, Screening, and Tree Preservation.

(13)

Alternative Finance Institution:

(a)

No Alternative Financial Institution shall be located within 2,500 feet, measured from property line to property line, of any other alternative financial institution.

(b)

No Alternative Financial Institution shall be located within 400 feet, measured from property line to property line, of a lot zoned or used for residential purposes.

(c)

No Alternative Financial Institution shall be located within 500 feet of I-30, measured from the right-of-way line to property line.

(d)

An Alternative Financial Institution may only be a principal use that requires an SUP. An alternative financial establishment shall not be considered as an accessory use.

(14)

Car rental:

(a)

The types of vehicles for rent shall be limited to passenger cars and/or ¾-ton pick-up trucks.

(b)

No more than 20 parking spaces shall be reserved for rental vehicles.

(15)

RV, trailers, and truck rental:

(a)

(16)

Restaurant with outdoor or sidewalk service: Shall meet the design standards for sidewalk cafes in Article V, Design and Development Standards.

(17)

Bed and Breakfast Establishment:

(a)

Number of guest rooms is limited to six.

(b)

Cooking facilities in guest rooms are not allowed.

(c)

Individual guest occupancy is limited to no more than one month in any three-month period.

(18)

Motel: Any motel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain at least three amenities on the same site as the motel from the list below:

(i)

Indoor/Outdoor Pool.

(ii)

Spa/Sauna.

(iii)

Weight Room/Fitness Center.

(iv)

Playground.

(v)

Sports Court.

(vi)

Plaza/Atrium.

(vii)

Game Room.

(viii)

Conference Room (700 square feet minimum).

(ix)

Full-Service Restaurant (minimum searing capacity of 35).

(c)

May not be located within 1,500 feet (measured linearly from property line to property line) from any other Hotel, Motel, or Residential Hotel property.

(19)

Limited-Service Hotel: Any limited-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 700 square feet of meeting room space;

(ii)

Limited food and beverage service, including breakfast buffet service;

(iii)

Minimum of 400 square feet of pool surface area;

(iv)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(v)

Parking at a ratio of one space per guest room.

(c)

(20)

Full-Service Hotel: Any full-service hotel shall comply with the following requirements:

(a)

Provide staff on-site 24 hours a day, seven days a week.

(b)

Provide and maintain the following amenities on the same site as the limited-service hotel:

(i)

A minimum of 100 guest rooms and/or suites.

(ii)

A minimum of 4,000 square feet of meeting room space;

(iii)

A minimum of one restaurant that provides three meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of 30 customers;

(iv)

Minimum of 800 square feet of pool surface area;

(v)

Attached covered drive-through area adjacent to the hotel lobby or reception area; and

(vi)

Parking at a ratio of 1.25 spaces per guest room.

(c)

(21)

Trailer Camp/RV Park:

(a)

Facility shall provide an amenity center and use by any single RV or trailer shall be limited to a three-week maximum every six months. Car or tent camping shall be prohibited.

(22)

Offices for business, professional, or technical services:

(a)

(i)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(23)

Offices for administrative services:

(a)

The aggregate area of all incidental uses in an office building shall not exceed 25 percent of the gross floor area of the building.

(24)

Surface parking lot: shall be screened when located adjacent to any residential uses or public right-of-way with a screen in accordance with Article IX, Landscape, Screening, and Tree Preservation.

(25)

Structured parking: Shall meet the standards for parking garages in the Special District Design Standards in Article V, Design and Development Standards.

(26)

(27)

(a)

All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in (c) below;

(b)

All screening devices shall be constructed of 100 percent brick, stone, or architecturally-finished reinforced concrete;

(c)

(d)

Any painting, staining, coating, covering or other coloring of any screening device shall be of a uniform color;

(e)

All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times;

(f)

Outside storage shall not be stacked, accumulated, kept, or otherwise placed above the solid screening device described in this subsection; and

(g)

(28)

Micro-brewery, micro-distillery, winery: maximum size of primary structure and any accessory structure shall be limited to a total aggregate area of 25,000 sq. ft.

(29)

(30)

(a)

(b)

(c)

(d)

(e)

(f)

(31)

Telecommunications Facilities, Building-Mounted:

(a)

Ground- and building-mounted dish antennas shall not be permitted in any front setback area or side or rear yard if adjacent to any roadway.

(b)

Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening masonry wall or evergreen hedge.

(c)

Building/roof-mounted antennas one meter or less in diameter are permitted in all zoning districts.

(d)

(e)

Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 10,000 square feet of building floor area in the non-residential districts.

(f)

(g)

(32)

Telecommunications Towers:

(a)

Structural Standards: Guyed telecommunications towers shall be designed and located such that if the structure should fall it will avoid habitable structures and public streets.

(b)

Co-location:

ii.

(c)

Tower Height:

The height of a tower, whether freestanding or building-mounted, shall be measured from the base of the tower to the highest point of the tower, including any installed antennas and appurtenances.

ii.

The maximum height for towers is 75 feet plus 25 feet for each co-located installation, or as approved by Specific Use Permit in accordance with Table 4.1-5.

(d)

(e)

Location:

ii.

iii.

iv.

Any new telecommunications tower in excess of 180 feet in height shall be located a minimum of one mile from any existing tower in excess of 180 feet in height.

(f)

(g)

(h)

Stealth Towers:

ii.

(i)

Whip and Panel Antenna Mounting Standards:

Telecommunications antennas and arrays are allowed by right on existing electric transmission towers.

Panel antennas, which do not extend above the structure, or whip antennas 15 feet or less in height, are permitted on conforming billboard structures.

Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area.

ii.

(Ord. No. O-2021-037, § 2, 9-7-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 9—11, 7-1-2024)

Sec. 36-4.3 - Accessory uses and structures

4.3.2. Approval Procedure.

(1)

Generally. Any of the accessory uses identified in this section may be allowed as accessory to an authorized primary use provided that:

(a)

The proposed accessory use is allowed as a primary or accessory use in the base district or overlay district where proposed; and

(b)

The proposed accessory use or structure is consistent with the general and specific standards for accessory uses in this subsection.

(2)

(3)

Subsequent to a Primary Use.

(a)

Unless exempted, a building permit shall be required in cases where an accessory use or structure is proposed subsequent to a primary use.

(b)

In cases where the primary use is subject to a Specific Use Permit, an accessory use may only be authorized in accordance with the provisions in Section 2.5.3, Specific Use Permit Procedures.

(c)

Excepting on parcels five acres or greater in size, no accessory use shall be permitted until the accompanying primary use or structure is established.

(1)

(2)

The purpose and intent of the zoning districts in which the accessory use is located;

(3)

Potential adverse effects the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other primary and accessory uses permitted in the district.

4.3.4. Table of Accessory Uses and Structures.

4.3-1 Table of Accessory Uses and Structures
■ = Permitted by Right/□ = Permitted with a Specific Use Permit/Blank Cell = Not Permitted/* = Additional Standards Apply
Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Accessory Building (not listed below)	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.3.6(1)
Accessory Use (not listed below)	■	■	■	■	■	■	■	■*	■*	■*	■*	■*	■*	■*	■*	■	■*	4.3.6(1)
Alternative Energy System	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*
Caretaker's quarters	■*	■*						■	■	■	■	■	■	■	■	■	■	4.3.6(2)
Carport	■	■	■*	■*	■*	■*	■*								■*	■*	■*	4.3.6(3)
Community Center/Club house(private)		■	■	■	■	■	■	■							■	■	■
Accessory dwelling unit (attached)	■*	■*	■*	■*	■*	■*									■*	■*	■*	4.3.6(4)
Accessory dwelling unit (detached)	■*	■*	■*	■*	■*										■*	■*	■*	4.3.6(5)
Residential Garage (detached)	■	■	■	■	■	■	■								■	■
Surface parking	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■	■
Storage shed (residential)	■	■	■	■	■	■	■									■
Swimming pool	■	■	■	■	■	■	■		■*				■*			■
Home-occupation	■	■	■	■	■	■	■								■	■	■
Electric vehicle charging station								■	■	■	■	■	■	■	■	■	■
Outdoor storage								■*	■*	■*	■*	■*	■*					4.3.6(9)
Outside display and sales								■*						■*		■*	■*	4.3.6(10)
Recycling collection center									□	□	■
Sidewalk café								■*	■*					■*		■*	■*	4.3.6(11)

(1)

Size: All accessory uses and structures shall:

(a)

Be clearly subordinate in area, extent, and purpose to the primary use or structure; and

(b)

Not violate the bulk, density, parking, landscaping, or open space standards of this Ordinance when taken together with the primary use or structure.

(c)

Maximum Size:

ii.

Lot 16,335 sq. ft. (⅜ acre) or More:
The area of any detached accessory structure except accessory dwelling units shall not exceed the lesser of:

(a)

6 percent of the total lot square footage;

(b)

75 percent of the total primary structure square footage;

(c)

1,200 sq. ft.

iii.

(a)

Where the accessory building is not associated with the agriculture use, the provisions in subsection (ii) above shall govern.

(b)

Where the accessory building is associated with the agricultural use, the floor area shall not exceed 5,000 square feet, except where authorized by the Administrator.

iv.

Accessory buildings on lots 16,335 sq. ft. (⅜ acre) or larger may have an attached awning a maximum of 450 sq. ft. and shall not be considered in the square footage of the building, provided:

(a)

It is open on at least three sides.

(b)

The overall area of coverage does not exceed the maximum lot coverage for the zoning district in which it is located.

(2)

Function: All accessory uses and structures shall directly serve the primary use or structure and be accessory and clearly incidental to the primary use or structure.

(3)

(4)

(5)

Location: Accessory uses or structures shall be located on the same lot as the primary use or structure and shall comply with setback standards in Section 4.3.6, Additional Accessory Use Standards.

(a)

Accessory structures shall not be located within platted or recorded easements.

(b)

(6)

Design Compatibility:

(a)

Lots used for agricultural purposes.

ii.

Except on lots used for agricultural purposes, prefabricated metal shipping containers may not be used as accessory structures.

(7)

Ownership: Accessory uses or structures shall be owned or operated by the same person as the primary use or structure.

4.3.6. Additional Accessory Use Standards.

(1)

Accessory Buildings:

(a)

Uses:

(b)

Building Design, Residential Lot Less Than 16,335 sq. ft. (⅜ acre) and All Non-Residential and Special Districts:

TABLE 4.3-2: Accessory Building Design Standards
Floor Area		Building Design Standards
A.	Less than or equal to 200 square feet in floor area	All residential districts - No requirement All non-residential and special districts - the design requirements of section C shall apply
B.	More than 200 square feet but less than 550 square feet in floor area	All residential districts - Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. All non-residential and special districts - the design requirements of Table 4.3-2, section C shall apply.
C.	550 square feet or larger in floor area	All districts - Same as the Primary building design standards in Article V. Roof pitch shall be compatible with the roof pitch of the primary residence. Foundation - as required by the building code. The exterior appearance of an accessory structure shall be architecturally compatible with the primary structure, including, but not limited to, façade treatment and color, building orientation, building placement, building articulations and trim, roof pitch, window, and window treatments, and building mass.

(c)

Building Design, Residential Lot 16,335 sq. ft. (⅜ acre) or More:

Table 4.3-2(a): Accessory Building Design Standards
	Floor Area	Less Than or Equal to 200 Square feet in Floor Area	More Than 200 Square Feet or Larger in Floor Area
A.	Roof	No requirement	Minimum 4/12 roof pitch. Flat roofs are prohibited
B.	Color	No requirement	Shall be compatible with the primary structure
C.	Screening	No requirement	(1) No requirement if design standards met; If design standards not met, then: (2) Minimum 6-foot board-on-board fence around the entire perimeter of the lot; or (3) Minimum 6-foot solid, continuous, and unbroken evergreen shrub (or similar plant) living screen around the entire perimeter of the accessory building; or (4) Any other screening method authorized by the Unified Development Ordinance.
D.	Exemptions	Not Applicable	Except for roof pitch, height, and setback accessory buildings may be exempt from the Accessory Building Design Standards if: (1) Screened as provided in subsection E. above; and (2) Located completely within the rear yard.

(d)

Setbacks and Number of Buildings:

Front setback: Accessory buildings, such as but not limited to garages, storage buildings, or storm shelters, shall be located completely within the rear yard.

ii.

iii.

Number of accessory buildings:

Lots that are less than three-eighths (⅜) acre shall be limited to 1 accessory building in addition to the primary building.

Lots that are three-eighths (⅜) to one acre shall be limited to 2 accessory buildings in addition to the primary building.

Lots that greater than 1 acre shall be limited to 4 accessory buildings in addition to the primary building.

iv.

Minimum Separation:

Detached accessory structures shall maintain a minimum of six (6) feet from all other structures.

(2)

Caretaker's quarters: Caretaker's quarters may be permitted as an accessory use provided:

(a)

The structure is oriented towards the side or rear yard of the primary structure; and

(b)

The unit is a maximum of 1,000 sq. ft. and shall contain no more than one kitchen.

(3)

Carports in any Required Front Yards:

(a)

The purpose of this provision is to allow carports to be erected within the required front yard when no other feasible option exists on the qualifying residential lots.

(b)

Approval: Carports may be permitted in required front yards of certain single-family residential lots where the Administrator determines that the proposed carport:

Is in keeping with the existing, location, and design of other carports on other adjoining lots in the same neighborhood or street;

ii.

Will not cause sight obstructions to motorists on or entering the street or abutting neighborhood;

iii.

Will not cause a negative visual impact on the streetscape of the neighborhood;

iv.

Is compatible with the architectural style of the dwelling and the predominant architectural style of the neighborhood; and

There are no recorded and active covenants and/or restrictions that apply to the subject property and/or surrounding neighborhood that would prohibit the proposed carport.

(c)

Standards: Any carport that is permitted to occupy a portion of the required front yard shall comply with the following restrictions:

Freestanding carports that are not structurally integrated with the roof of the principal structure shall not exceed 18 inches of separation from the principal structure.

ii.

Except for the roof, carports shall be painted to match or replicate the color of the trim areas of the primary structure/residence.

iii.

iv.

(4)

Carports in rear or side yards:

(a)

Permitted carports located in the read or side yard of a lot shall comply with the setback standards of the zoning district.

(5)

Accessory Dwelling Unit (attached): An attached accessory dwelling unit that meets the standards in this section shall not count as a dwelling unit for purposes of calculating density on the site:

(a)

The accessory dwelling unit may be created in one of the following ways:

From existing space in the primary dwelling;

ii.

From a combination of existing and newly created space associated with the primary dwelling;

(b)

May comprise no more than 40% of the primary dwelling unit area.

(c)

Shall not have more than one kitchen or one bathroom.

(d)

Does not have to meet any off-street parking standards.

(e)

(6)

(a)

Meet the setback and height standards of the primary structure on the lot

(b)

A 10% increase in the lot coverage standard may be allowed to accommodate the detached accessory dwelling unit.

(c)

(d)

(e)

Does not have to meet any off-street parking standards.

(f)

The accessory dwelling unit shall comply with all applicable fire and life safety codes

(g)

A separate driveway to the ADU shall be permitted if it is no less than 75 feet from any existing driveway.

(7)

Residential garage (detached):

(a)

If visible from the street, the maximum size shall be a 3-car garage.

(b)

Design shall be compatible with the primary residence on the property.

(c)

Garage shall not be located forward of the primary structure on the lot.

(d)

Setbacks shall be the same as any other accessory buildings on the lot; see Section 1.d.ii.

(8)

Home-Based Businesses: There are two categories of home-based businesses permitted by this section - home occupations and live-work units.

(a)

Applicability. Home-based businesses are permitted in the following districts according to Table 4.3-3.

Table 4.3-3: Districts that Permit Home-Based Businesses
Zoning District	Home Occupation	Live-Work Unit
Agricultural	■
Residential Estate	■
Residential Suburban Density 1	■
Residential Suburban Density 2	■
Residential Urban Density 3	■
Residential Urban Density 4	■
Manufactured Home	■
Neighborhood Commercial		■
General Commercial
Innovative & Light Industrial		■
Heavy Industrial
Public and Parks
Institutional and Civic
Mixed Use		■
Mixed Use Transition		■
Neighborhood Transition		■
Old Town Core		■
Key: "■" in a cell indicates that the use is permitted by right in the respective zoning district.

(b)

Prohibited Home-Based Businesses. The following uses, because of their effects on the surrounding residential area, are prohibited as home-based businesses.

(i)

Auto-related sales and services, including motor vehicle towing operations and painting of vehicles, trailers, or boats;

(ii)

Barber or beauty shops having more than two chairs;

(iii)

Dance, music, or other types of tutoring instruction where more than six students are being instructed at one time;

(iv)

Dental office or medical office;

(v)

Nursing homes;

(vi)

Outdoor storage;

(vii)

Private schools (homeschooling is excluded from this prohibition);

(viii)

Welding shops; and

(ix)

(c)

Home Occupations. A home occupation may be permitted as accessory to any principal dwelling unit in districts that permit residential uses, subject to the following standards:

(i)

Definition. A Home Occupation is a limited commercial use that is incidental to a residential use.

(ii)

(iii)

(iv)

Neighborhood Compatibility.

The home occupation shall not cause any change in the external appearance of the existing buildings and structures on the property.

Parking of vehicles to accommodate the off-site employee or permitted customers is limited to the driveway of the premises or along the curb immediately adjacent to the premises.

(d)

Live-Work Units (LWUs). The following regulations apply to live-work units (LWUs):

(i)

Definition.

In a mixed-use development or building, a live-work dwelling is considered a non-residential use.

(ii)

Limitations.

The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.

Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at one time.

(iii)

Setbacks. Live-Work units shall meet the minimum setback requirements of the zoning district or overlay zoning district in which it is located.

(9)

Outside Storage: Shall meet the standards in Section 4.2.4, Commercial Uses.

(10)

Outside Display and Sales:

(a)

The use is not permitted within street frontage building setbacks or any landscape buffer area as required by Article V, Design and Development Standards.

(b)

Limited to no more than ten percent of the length of the building facade containing the primary use.

(c)

If along the store front, no building entrances shall be blocked and a minimum of 5' clear pedestrian passageway is provided along any public sidewalk or walkway.

(d)

If utilizing a surface parking area, it shall only be for temporary display and sales for seasonal items.

(e)

If permitted to be displayed for more than 45 continuous days, then they shall be screened to meet the standards for screening of outside storage areas in Section 4.2.2, Commercial Uses.

(f)

Outside display and sales shall not facilitate any transactions to be made from an occupied motor vehicle.

(11)

Sidewalk Café: In all districts in which a sidewalk café is allowed, occupancy of a public sidewalk or parkway for a sidewalk café shall be permitted under the following conditions:

(a)

Use of any public sidewalk is subject to approval of an easement or right-of-way use agreement by the City Council.

(b)

The sidewalk to be used for outdoor seating must be abutting and contiguous to the restaurant.

(c)

A sidewalk cafe may not be enclosed by fixed fencing or other structures, unless necessary to comply with requirements to serve alcohol.

(d)

A sidewalk cafe must be open to the air; however, it may be covered with a canopy.

(e)

There shall be a six-foot wide unimpeded sidewalk remaining for pedestrian flow from the face of the curb and the area of sidewalk café seating.

(f)

The sidewalk café shall be setback a minimum of five feet from any driveways and alleys, and ten feet from intersections.

(g)

All curbs, alleys, sidewalks, and public rights-of-way adjacent to such sidewalk café shall be kept in a clean and orderly condition.

(Ord. No. O-1789, §§ 2, 3, 11-20-2017; Ord. No. O-2021-011, §§ 2, 3, 5-3-2021; Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, §§ 7, 12—14, 7-1-2024)

Sec. 36-4.4 - Temporary uses and structures

4.4.2. Approval Procedure. Any use listed in this section may be permitted as a temporary use provided:

(1)

Where indicated on Table 4.4-1, the proposed temporary use obtains a Specific Use Permit in accordance with the requirements in Section 2.5.3, Specific Use Permit Procedures; and

(2)

The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this section.

4.4.3. Table of Temporary Uses and Structures.

4.4-1 Table of Temporary Uses and Structures
■ = Allowed by Right (permit required) ● = Allowed by Right (No permit required) □ = Permitted with a Specific Use Permit Blank Cell = Not Permitted * = Additional Standards Apply
Temporary Use Type	Residential Districts											Public Districts		Special Districts				Additional Standards
Temporary Use Type	A	RE	R-1	R-2	R-3	R-4	MH	NC	GC	INV	IND	PP	INS	MU	MUT	NT	OTC	Additional Standards
Construction Office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Construction related storage-yard	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(1)
Temporary Real estate sales office	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	■*	4.4.5(2)
Model Home	■*	■*	■*	■*	■*	■*	■*								■*	■*		4.4.5(2)
Festivals and civic events (includes carnivals, circus, etc.)	□*							□*	□*			□*	□*	□*	□*	□*		4.4.5(3)
Garage sales	■*	■*	■*	■*	■*	■*	■*									■*		4.4.5(4)
Temporary storage containers	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	●*	4.4.5(5)
Mobile vending (food truck parks, hotdog stands, snow cones, etc. on public property)												■*	■*	■*			■*
Seasonal sales	■*							■*	■*	■*		■*	■*	■*		■*	■*	4.4.5(6)
Any other temporary use or structure (other than listed above)	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□	□

4.4.4. General Standards for all Temporary Uses and Structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

(1)

The temporary use or structure shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare.

(2)

The temporary use shall comply with all applicable general and specific regulations of this Section 4.4, Temporary Uses and Structures, unless otherwise expressly stated.

(3)

Permanent Alterations (any alterations that do not comply with temporary use criteria and timelines outlined in this Ordinance) to the site are prohibited.

(4)

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.

(5)

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

(6)

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as health or building permits.

(7)

(8)

(9)

(10)

Off-street parking, including designation of the off-street parking spaces, shall be adequate to accommodate the proposed temporary use, except when waived by the Administrator.

4.4.5 Additional Standards for Temporary Uses and Structures.

(1)

Construction Field Office and Construction Storage Yard:

(a)

This use is limited to on-premises construction purposes associated with the properties within the same platted subdivision.

(b)

The Administrator may order the use to be discontinued, and in no event shall such temporary use continue after subdivision construction is 100-percent complete.

(2)

Temporary Real Estate Office or Model Home:

(a)

This use may be located in a model home or a portable building within the subdivision.

(b)

The Administrator may order the use discontinued, and in no event shall such temporary use continue after subdivision sales are 80-percent complete.

(3)

(a)

The event is carried on for a period of time not exceeding fifteen (15) consecutive days or other time limitation as specified by City Council through the SUP approval;

(b)

(c)

Assemblies are carried on out-of-doors, in temporary shelters, or tents;

(d)

A permit is obtained in accordance with the provisions provide herein.

(4)

Garage Sales or Yard Sales:

(a)

No more than 3 garage sales within any one (1) calendar year may occur at any individual property.

(b)

The duration of the sale shall not exceed 72 hours. The next garage sale shall not occur until seven (7) consecutive calendar days have passed.

(5)

Temporary Storage Containers (PODs):

(a)

PODs may be allowed for residential and commercial moving or remodeling.

(b)

PODs shall be placed on the driveway or parking lot at the furthest point from the street.

(c)

PODs cannot be placed on any public right-of-way or in grassy areas in the front yard.

(d)

Each residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(e)

Each non-residential lot shall be limited to two (2) PODs at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time.

(f)

If used during remodeling, then the POD shall be removed within 10 days of final inspection or Certificate of Occupancy issuance.

(6)

(a)

The maximum duration of a single seasonal sales permit is 45 days. Only one sale is permitted per season on any single lot. Such a limitation shall not apply to farmers' markets and similar uses.

(b)

On a developed lot, the maximum area for seasonal sales shall be no greater than 30 percent of any surface parking area. Such a limitation shall not apply to farmers' markets and similar uses.

(c)

Outside display shall not block any sight triangles or fire lanes.

(d)

On undeveloped lots, access and parking may be gravel so long as it is maintained in good condition and is approved by the Administrator.

(Ord. No. O-2023-003, § 3(Exh. A), 1-3-2023; Ord. No. O-2024-030, § 7, 7-1-2024)