The regulations set forth in this division shall apply to the district designation of the AG agricultural district. The AG district is intended to provide for the continuation of agricultural activities and preserve low density areas.

(Code 1986, § 25-26)

Within the districts designated as AG agricultural districts, the following activities are permitted:

(1)

Single-family detached dwellings; accessory buildings and accessory uses customarily incidental to the aforementioned use.

(2)

Agricultural activities such as, but not limited to, growing vegetables, fruit, trees and grain; raising poultry, horses, cattle, sheep or other farm animals; and the storage of any products raised on the premises.

(Code 1986, § 25-27)

Within the districts designated as AG agricultural district, the following uses are permitted as accessory uses:

(1)

Garages and parking areas.

(2)

Barns, stables, outbuildings and riding rings.

(3)

Offering for sale agricultural products produced on the premises.

(4)

Guesthouses and employee quarters.

(5)

Satellite dish receiving antenna.

(Code 1986, § 25-28)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-29; Ord. No. 1996-10, 7-22-1996; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for AG rezoning requests. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to AG all property included in the concept plan which may not be zoned AG.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the AG district shall be as follows:

(1)

Agricultural activities: five acres.

(2)

Dwellings: five acres.

(3)

Municipal, state or federal: five acres.

(4)

Public utilities: five acres.

(5)

Golf course: 25 acres.

(6)

Private and county clubs: five acres.

(Code 1986, § 25-30; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the AG district shall be as follows:

(1)

Dwellings: 150 feet.

(2)

Municipal, state or other governmental uses: 200 feet.

(3)

Public utilities: 200 feet.

(4)

Golf courses: 200 feet.

(5)

Private and country clubs: 200 feet.

(6)

Agricultural activities: no minimum.

(Code 1986, § 25-31; Ord. No. 1999-16, 12-27-99)

The yard requirements in the AG district shall be as follows:

(1)

There shall be no yard requirements for agricultural activities.

(2)

All other permitted uses shall comply with the following requirements:

a.

There shall be a required front yard of not less than 60 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 60 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

Side yard. There shall be required side yards of not less than 25 feet on each side of the lot.

e.

Rear yard. There shall be a required rear yard of not less than 50 feet on all lots except corner lots unless one is designated on the recorded plat.

(Code 1986, § 25-32; Ord. No. 1999-16, 12-27-99; Ord. No. 2021-5, 4-26-21)

Height regulations in the AG district shall be as follows:

(1)

There shall be no height limitations for barns and agricultural storage buildings, provided that they do not contain habitable space.

(2)

All other buildings shall not exceed 35 feet in height, as measured from the average of the furnished ground elevations at the front line of the building. The limitation shall not apply to chimneys, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-33; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the AG district shall be as follows:

(1)

Agriculture activities shall have no limitation on the number of buildings.

(2)

Residential uses shall be limited to one principal building per lot.

(3)

Permitted uses other than residential or agricultural shall have no limitations on the number of buildings, but the aggregate of all buildings shall not exceed 25 percent of the entire lot.

(Code 1986, § 25-34; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the AG district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot.; however, vehicle storage shall not be located in any portion of the required front yard set.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, and including but not limited to any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building, except that any such item which is not greater than six feet in height at any point may be parked or stored closer than 15 feet to a property line. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Municipal, state or other governmental uses: one parking space for every ten seats or one for each 200 square feet of gross floor area, whichever is greater.

(2)

Public utilities: one parking space for each 200 square feet of office space.

(3)

Golf courses: one parking space for each three members.

(4)

Private and country clubs: one parking space for each three members.

(Code 1986, § 25-35; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the building of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front line of the building of the principal building.

(2)

Accessory buildings may be built in the required rear yard but shall not occupy more than ten percent of the required rear yard.

(3)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(4)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(5)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(6)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view with either landscaping or an opaque enclosure.

(Code 1986, § 25-36; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools shall be located behind the front line of the building, a minimum of five feet from all property lines and recorded easements.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded. Swimming pools must be located a minimum of five feet from all property lines and recorded easements.

(Code 1986, § 25-37; Ord. No. 1999-16, 12-27-99)

The regulations set forth in this division shall apply to the district designation of the R-E residential district. The R-E district is intended to promote the preservation and establishment or areas for low density residential development with a minimum lot size of two acres.

(Code 1986, § 25-56)

Within the districts designated as R-E residential districts, the following activities are permitted: Single-family detached dwellings; a guesthouse; accessory buildings and accessory uses customarily incidental to the aforementioned use.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-57; Ord. No. 2016-08, 8-8-16)

Permitted accessory uses are as follows:

(1)

Private garages and parking areas.

(2)

Private barns, stables, outbuildings and riding rings.

(3)

Outdoor recreation facilities, exclusively for the use of the residents.

(4)

Satellite dish receiving antenna.

(Code 1986, § 25-58)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-59; Ord. No. 1996-10, 7-22-1996; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-E rezoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-E all property included in the concept plan which may not be zoned R-E.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R-E district shall be as follows:

(1)

Dwellings: two acres.

(2)

Municipal, state or other governmental uses: two acres.

(3)

Public utilities: two acres.

(4)

Golf course: 25 acres.

(5)

Private and country clubs: two acres.

(6)

Places of worship: three acres.

(Code 1986, § 25-60; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R-E district shall be as follows:

(1)

Dwellings: 150 feet.

(2)

Municipal, state or other governmental uses: 200 feet.

(3)

Public utilities: 200 feet.

(4)

Golf courses: 200 feet.

(5)

Private and country clubs: 200 feet.

(6)

Places of worship: 200 feet.

(Code 1986, § 25-61; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R-E district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 60 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 60 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than 25 feet each on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 50 feet on all lots, except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-187.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-62; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

No building in the R-E district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to chimneys, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-63; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R-E district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot, plus one guesthouse or employee quarters.

(2)

Permitted uses other than residential shall have no limitations on the number of buildings, but the aggregate of all buildings shall not cover more than 25 percent of the entire lot area.

(Code 1986, § 25-64; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R-E district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building, except that any such item which is not greater than six feet in height at any point may be parked or stored closer than 15 feet to a property line. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Municipal, state or other governmental uses: one parking space for every ten seats or for each 200 square feet of gross floor area, whichever is greater.

(3)

Public utilities: one parking space for each 200 square feet of office space.

(4)

Golf courses: one parking space for each three members.

(5)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(6)

Places of worship:

a.

One parking space for each five seats provided in the main auditorium for every new place of worship.

b.

One parking space for each five seats provided in a new main auditorium constructed by an existing place of worship.

c.

One parking space for each five additional seats added to an existing main auditorium.

(Code 1986, § 25-65; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Accessory buildings may be built in the required rear yard but shall not occupy more than ten percent of the required rear yard.

(3)

Accessory buildings shall not exceed 35 feet in height.

(4)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-66; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R-E district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded.

(Code 1986, § 25-67; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R-E-1 residential district. The R-E-1 district is intended to promote the preservation and establishment of areas for low density residential development with a minimum lot size of one acre (43,560 square feet minimum).

(Code 1986, § 25-71)

Within the districts designated as R-E-1 residential districts, the following activities are permitted: Single-family detached dwellings and accessory buildings and accessory uses customarily incidental to the aforementioned use.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-72; Ord. No. 2016-08, 8-8-16)

Within the districts designated as R-E-1 residential districts, the following accessory uses are permitted:

(1)

Private garages and parking areas.

(2)

Outdoor recreation facilities exclusively for the use of the residents.

(Code 1986, § 25-73)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-74; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-E-1 rezoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-E-1 all property included in the concept plan which may not be zoned R-E-1.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R-E-1 district shall be as follows:

(1)

Dwellings: one acre.

(2)

Municipal, state or other governmental uses: one acre.

(3)

Public utilities: one acre.

(4)

Golf course: 25 acres.

(5)

Places of worship: three acres.

(6)

Schools: five acres plus one acre for each 200 or fraction of 200 students over the 200 the school is designated to serve.

(7)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(8)

Private and country clubs: one acre.

(Code 1986, § 25-75; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R-E-1 district shall be as follows:

(1)

Dwellings: 150 feet.

(2)

Municipal, state or other governmental uses: 200 feet.

(3)

Public utilities: 200 feet.

(4)

Golf courses: 200 feet.

(5)

Private and country clubs: 200 feet.

(6)

Places of worship: 200 feet.

(7)

Schools: 300 feet.

(8)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): 200 feet.

(Code 1986, § 25-76; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R-E-1 district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 60 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 60 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the such intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of- curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than 25 feet on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 50 feet on all lots except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-212.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-77; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21)

No building in the R-E-1 district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to chimneys, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-78; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R-E-1 district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot.

(2)

Permitted uses other than residential shall have no limitations on the number of buildings, but the aggregate of all buildings shall not cover more than 25 percent of the entire lot area.

(Code 1986, § 25-79; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R-E-1 district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Municipal, state or other governmental uses: one parking space for every ten seats or for each 200 square feet of gross floor area, whichever is greater.

(3)

Public utilities: one parking space for each 200 square feet of office space.

(4)

Golf courses: one parking space for each three members.

(5)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(Code 1986, § 25-80; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Accessory buildings may be built in the required rear yard but shall not occupy more than ten percent of the required rear yard.

(3)

Accessory buildings shall not exceed 35 feet in height.

(4)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-81; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R-E-1 district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded.

(Code 1986, § 25-82; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R residential district. The R district is to be a low density, single-family district consisting of lots of a minimum size of 15,000 square feet.

(Code 1986, § 25-86)

Within the districts designated as R residential districts, the following, activities are permitted: Single-family detached dwellings; accessory buildings and accessory uses customarily incidental to the aforementioned use including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-137; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-88; Ord. No. 1996-10, 7-22-96; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R all property included in the concept plan which may not be zoned R.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R residential district shall be as follows:

(1)

Single-family dwellings: 15,000 square feet.

(2)

Places of worship: three acres.

(3)

Schools: five acres, plus one acre for each 200 or fraction of 200 students over the 200 the school is designated to serve.

(4)

Libraries: 40,000 square feet.

(5)

Museums: 40,000 square feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(7)

Municipal, state or other governmental uses: 40,000 square feet.

(8)

Public utilities: 40,000 square feet.

(9)

Golf courses: 25 acres.

(10)

Private and country clubs: 40,000 square feet.

(Code 1986, § 25-89; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R residential district shall be as follows:

(1)

Dwellings: 100 feet.

(2)

Places of worship: 200 feet.

(3)

Schools: 300 feet.

(4)

Libraries: 200 feet.

(5)

Museums: 200 feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): 200 feet.

(7)

Municipal, state or other governmental uses: 200 feet.

(8)

Public utilities: 200 feet.

(9)

Golf courses: 200 feet.

(10)

Private and country clubs: 200 feet.

(Code 1986, § 25-90; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R residential district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 40 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than ten feet on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 25 feet on all lots except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-236.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-91; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

No structure in the R residential district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to belfries, chimneys, church spires, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-92; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R residential district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot.

(2)

Permitted uses other than residential shall have no limitations on the number of buildings, but the aggregate of all buildings shall not cover more than 25 percent of the entire lot area.

(Code 1986, § 25-93; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Place of worship:

a.

One parking space for each five seats provided in the main auditorium for every new place of worship.

b.

One parking space for each five seats provided in a new main auditorium constructed by an existing place of worship.

c.

One parking space for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship, but only when there is a written agreement between the place of worship and the owner of such property outlining the use arrangements which is approved by the board of zoning appeals.

(1)

Schools:

a.

Elementary schools (K through eight): 1.15 parking spaces per staff member. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

b.

High schools (nine through 12): five parking spaces for each classroom or administrative office or one parking space for each five seats in the auditorium, whichever is greater. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

c.

College or university: eight parking spaces for each classroom.

(2)

Libraries, museums or other public buildings: one parking space for each 200 square feet of floor space in the building.

(3)

Country and private clubs: one parking space for each five members, except that a club with a swimming pool or golf course shall provide one parking space for each three members.

(4)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(Code 1986, § 25-94; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(3)

No accessory building shall exceed 20 feet in height.

(4)

Accessory buildings shall not cover more than 25 percent of the required rear yard.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-95; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R residential district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded.

(Code 1986, § 25-96; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R-1 residential district. The R-1 district is to be a medium density, single-family district consisting of lots of a minimum size of 12,000 square feet.

(Code 1986, § 25-111)

Within the districts designated as R-1 residential districts, the following activities are permitted: Single-family detached dwellings and accessory buildings and accessory uses customarily incidental to such use including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-112; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-113; Ord. No. 1996-10, 7-22-96; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-1 zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-1 all property included in the concept plan which may not be zoned R-1.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R-1 district shall be as follows:

(1)

Dwellings: 12,000 square feet.

(2)

Places of worship: three acres.

(3)

Schools: five acres plus one acre for each 200 or fraction of 200 students over the 200 the school is designated to serve.

(4)

Libraries: 40,000 square feet.

(5)

Museums: 40,000 square feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(7)

Municipal, state or other governmental uses: 40,000 square feet.

(8)

Public utilities: 40,000 square feet.

(9)

Golf courses: 25 acres.

(10)

Private and country clubs: 40,000 square feet.

(Code 1986, § 25-114; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R-1 district shall be as follows:

(1)

Dwellings: 80 feet.

(2)

Places of worship: 200 feet.

(3)

Schools: 300 feet.

(4)

Libraries: 200 feet.

(5)

Museums: 200 feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): 200 feet.

(7)

Municipal, state or other governmental uses: 200 feet.

(8)

Public utilities: 200 feet.

(9)

Golf course: 200 feet.

(10)

Private and country clubs: 200 feet.

(Code 1986, § 25-115; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R-1 district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 40 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than ten feet on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 25 feet on all lots except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-261.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-116; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

No structure in the R-1 district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to belfries, chimneys, church spires, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-117; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R-1 district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot.

(2)

Permitted uses other than residential shall have no limitations on the number of buildings, but the aggregate of all buildings shall not cover more than 25 percent of the entire lot area.

(Code 1986, § 25-118; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R-1 district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Place of worship:

a.

One parking space for each five seats provided in the main auditorium for every new place of worship.

b.

One parking space for each five seats provided in a new main auditorium constructed by an existing place of worship.

c.

One parking space for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship, but only when there is a written agreement between the place of worship and the owner of such property outlining the use arrangements which is approved by the board of zoning appeals.

(1)

Schools:

a.

Elementary schools (K through eight): 1.15 parking spaces per staff member. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

b.

High schools (nine through 12): five parking spaces for each classroom or administrative office or one parking space for each five seats in the auditorium, whichever is greater. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

c.

College or university: eight parking spaces for each classroom.

(2)

Libraries, museums or other public buildings: one parking space for each 200 square feet of floor space in the building.

(3)

Country and private clubs: one parking space for each five members, except that a club with a swimming pool or golf course shall provide one parking space for each three members.

(4)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(Code 1986, § 25-119; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(3)

No accessory building shall exceed 20 feet in height.

(4)

Accessory buildings shall not cover more than 25 percent of the required rear yard.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-120; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R-1 district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded.

(Code 1986, § 25-121; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R-2 residential district. The R-2 district is to be a medium density, single-family district consisting of lots of a minimum size of 10,000 square feet.

(Code 1986, § 25-136)

Within the districts designated as R-2 residential districts, the following activities are permitted: Single-family detached dwellings and accessory buildings and accessory uses customarily incidental to such use including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-137; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-138; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-2 zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-2 all property included in the concept plan which may not be zoned R-2.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R-2 district shall be as follows:

(1)

Single-family dwellings: 10,000 square feet.

(2)

Places of worship: three acres.

(3)

Schools: five acres, plus one acre for each 200 or fraction of 200 students over the 200 the school is designated to serve.

(4)

Libraries: 40,000 square feet.

(5)

Museums: 40,000 square feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(7)

Municipal, state or other governmental uses: 40,000 square feet.

(8)

Public utilities: 40,000 square feet.

(9)

Golf courses: 25 acres.

(10)

Private and country clubs: 40,000 square feet.

(Code 1986, § 25-139; Ord. No. 1996-10, 7-22-1996; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R-2 district shall be as follows:

(1)

Dwellings: 70 feet.

(2)

Places of worship: 200 feet.

(3)

Schools: 300 feet.

(4)

Libraries: 200 feet.

(5)

Museums: 200 feet.

(6)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): 200 feet.

(7)

Municipal, state or other governmental uses: 200 feet.

(8)

Public utilities: 200 feet.

(9)

Golf courses: 200 feet.

(10)

Private and country clubs: 200 feet.

(Code 1986, § 25-140; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R-2 district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 40 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than ten feet on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 25 feet on all lots except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-286.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-141; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to belfries, chimneys, church spires, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-142; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R-2 district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot.

(2)

Uses other than residential should have no limitations on the number of buildings, but the aggregate of all buildings shall not exceed 25 percent of the entire lot.

(Code 1986, § 25-143; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R-2 district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Place of worship:

a.

One parking space for each five seats provided in the main auditorium for every new place of worship.

b.

One parking space for each five seats provided in a new main auditorium constructed by an existing place of worship.

c.

One parking space for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship, but only when there is a written agreement between the place of worship and the owner of such property outlining the use arrangements which is approved by the board of zoning appeals.

(1)

Schools:

a.

Elementary schools (K through eight): 1.15 parking spaces per staff member. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

b.

High schools (nine through 12): five parking spaces for each classroom or administrative office or one parking space for each five seats in the auditorium, whichever is greater. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

c.

College or university: eight parking spaces for each classroom.

(2)

Libraries, museums or other public buildings: one parking space for each 200 square feet of floor space in the building.

(3)

Country and private clubs: one parking space for each five members, except that a club with a swimming pool or golf course shall provide one parking space for each three members.

(4)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(Code 1986, § 25-144; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(3)

No accessory building shall exceed 20 feet in height.

(4)

Accessory buildings shall not cover more than 25 percent of the required rear yard.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-145; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R-2 district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded.

(Code 1986, § 25-146; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R-3 residential district. The R-3 district is to be a medium density residential district of single and two-family dwelling units.

(Code 1986, § 25-161)

Within the districts designated as R-3 residential districts, the following activities are permitted: Single-family detached dwellings; two-family dwellings; accessory buildings and accessory uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-162; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-163; Ord. No. 1996-10, 7-22-96; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-3 zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-3 all property included in the concept plan which may not be zoned R-3.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

The minimum lot area in the R-3 district shall be as follows:

(1)

Single-family dwellings: 10,000 square feet.

(2)

Two-family dwellings: 15,000 square feet.

(3)

Places of worship: three acres.

(4)

Schools: five acres, plus one acre for each 200 or fraction of 200 students over the 200 the school is designated to serve.

(5)

Libraries: 40,000 square feet.

(6)

Museums: 40,000 square feet.

(7)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(8)

Municipal, state or other governmental uses: 40,000 square feet.

(9)

Public utilities: 40,000 square feet.

(10)

Golf courses: 25 acres.

(11)

Private and country clubs: 40,000 square feet.

(Code 1986, § 25-164; Ord. No. 1999-16, 12-27-99)

The minimum lot width measured at the building line in the R-3 district shall be as follows:

(1)

Single-family dwellings: 70 feet.

(2)

Two-family dwellings: 100 feet.

(3)

Places of worship: 200 feet.

(4)

Schools: 300 feet.

(5)

Libraries: 200 feet.

(6)

Museums: 200 feet.

(7)

Cemeteries, philanthropic or religious institutions (other than places of worship and schools): three acres.

(8)

Municipal, state or other governmental uses: 200 feet.

(9)

Public utilities: 200 feet.

(10)

Golf courses: 200 feet.

(11)

Private and country clubs: 200 feet.

(Code 1986, § 25-165; Ord. No. 1999-16, 12-27-99)

The yard requirements in the R-3 district shall be as follows:

(1)

Front yards.

a.

There shall be a required front yard of not less than 40 feet.

b.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

c.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

d.

An open, unenclosed front porch may extend past the front yard setback line by ten feet.

(2)

Side yard. There shall be required side yards of not less than ten feet on each side of the lot.

(3)

Rear yard.

a.

There shall be a required rear yard of not less than 25 feet on all lots except corner lots unless one is designated on the recorded plat, with accessory structures as permitted in section 23-311.

b.

An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(Code 1986, § 25-166; Ord. No. 1999-16, 12-27-99; Ord. No. 2009-1, 2-23-09; Ord. No. 2009-16, 11-9-09; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

No structure in the R-3 district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. The limitation shall not apply to belfries, chimneys, church spires, radio and television antenna or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further, that they are located a distance equal to their own height, plus ten feet, from the nearest property line.

(Code 1986, § 25-167; Ord. No. 1999-16, 12-27-99)

The maximum number of principal buildings permitted in the R-3 district shall be as follows:

(1)

Residential uses shall be limited to one principal building per lot.

(2)

Permitted uses other than residential should have no limitations on the number of buildings, but the aggregate of all buildings shall not exceed 25 percent of the entire lot.

(Code 1986, § 25-168; Ord. No. 1999-16, 12-27-99)

(a)

Off-street parking spaces required in the R-3 district under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

(b)

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

(1)

Single-family dwellings: two parking spaces.

(2)

Two-family dwellings: two parking spaces per dwelling unit.

(3)

Place of worship:

a.

One parking space for each five seats provided in the main auditorium for every new place of worship.

b.

One parking space for each five seats provided in a new main auditorium constructed by an existing place of worship.

c.

One parking space for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship, but only when there is a written agreement between the place of worship and the owner of such property outlining the use arrangements which is approved by the board of zoning appeals.

(4)

Schools:

a.

Elementary schools (K through eight): 1.15 parking spaces per staff member. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

b.

High schools (nine through 12): five parking spaces for each classroom or administrative office or one parking space for each five seats in the auditorium, whichever is greater. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

c.

College or university: eight parking spaces for each classroom.

(5)

Libraries, museums or other public buildings: one parking space for each 200 square feet of floor space in the building.

(6)

Country and private clubs: one parking space for each five members, except that a club with a swimming pool or golf course shall provide one parking space for each three members.

(7)

Any permitted uses not specifically listed: one parking space for every 200 square feet of gross floor area.

(Code 1986, § 25-169; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture, birdhouses, decorative garden structures and similar appurtenances, shall be located in compliance with the following:

(1)

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front building lines of the principal building. On double frontage lots, accessory buildings/structures may be located between the principal building line and the nonaccessible street, provided 1) there is a sight-proof fence along the nonaccessible street, 2) the accessory building/structure is located a distance equal to at least the height of the structure from all lot lines, and 3) the accessory structure is less than ten feet in height.

(2)

Location:

a.

No accessory building or structure shall be located within a recorded easement.

b.

An accessory building or structure with a height of eight feet or more may extend into the required rear yard, but shall be located a distance equal to at least the height of the structure from the rear and side lot lines.

c.

An accessory building or structure with a height of less than eight feet may extend into the required rear yard, but shall be located a minimum of three feet, six inches from the rear and side lot lines.

(3)

No accessory building shall exceed 20 feet in height.

(4)

Accessory buildings shall not cover more than 25 percent of the required rear yard.

(5)

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

(6)

Flagpoles shall be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

(7)

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-170; Ord. No. 1996-11, 8-26-96; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2009-16, 11-9-09; Ord. No. 2013-16, § 1, 1-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Swimming pools in the R-3 district shall be located behind the front line of the building, a minimum of five feet from all property lines. Swimming pools that are located five feet or less from a recorded easement may be permitted provided the property owner, prior to the issuance of any permit, enters into a hold harmless agreement that releases the city and any easement users from responsibility if the swimming pool is damaged as a result of work being performed within the easement. The hold harmless agreement shall be recorded and shall run with the land.

(b)

On double frontage lots, in-ground swimming pools may extend 20 feet into the required front yard that is located on the rear side of the principal building. This shall apply only to lots having frontages on two nonintersecting streets. Corner lots and triple-frontage lots, abutting two streets at their intersection, shall be excluded. Swimming pools must be located a minimum of five feet from all property lines and recorded easements.

(Code 1986, § 25-171; Ord. No. 1999-16, 12-27-99; Ord. No. 2015-04, § 1, 3-9-15)

The regulations set forth in this division shall apply to the district designation of the R-T residential district. The R-T district is to be an area containing single-family homes, two-family dwellings, townhouses (attached single-family dwellings) and multifamily developments.

(Code 1986, § 25-186)

Within the districts designated as R-T residential districts, the following activities are permitted: Single-family detached dwellings; two-family dwellings; multifamily dwellings; townhouses; accessory buildings and accessory uses customarily incidental to such use including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-187; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Code 1986, § 25-188; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-T zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-T all property included in the concept plan which may not be zoned R-T.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2023-20, (Att.), 11-13-23)

Within the areas designated R-T, all townhouse and multifamily developments shall adhere to the following regulations:

(1)

Density. One townhouse dwelling unit or multifamily dwelling unit shall be allowed for each 7,260 square feet of parcel area.

(2)

Open space. A minimum of 30 percent of the total area to be developed for townhouse or multifamily purposes shall be devoted to open space.

(3)

Internal building spacing. No building group shall be nearer than 30 feet to any other building group.

(4)

Landscaping. A landscape screen having a minimum width of 25 feet shall be provided along all rear and side lot lines contiguous to roadways or land zoned R-E-10, R-E, R-E-1, R, R-1, R-2 and R-3 districts. Such a landscape screen may be located in the required perimeter side and/or rear yards but shall not extend into or beyond the required front yard.

(Code 1986, § 25-189; Ord. No. 1999-16, 12-27-99)

Within the areas designated R-T rental and condominium townhouse and multifamily developments, those which do not involve subdivision of the tract area into individual lots shall adhere to the following regulations:

(1)

Minimum tract area. The minimum area which may be developed for townhouse or multifamily dwellings shall be contained in a contiguous parcel of land under common ownership comprising a total area of at least two acres.

(2)

Minimum width of the tract of building line. A minimum frontage of 100 feet, as measured at the front building line, shall be required for rental on condominium townhouse or multifamily developments.

(3)

Yard regulations.

a.

Front yard. There shall be a required perimeter front yard having a depth of not less than 40 feet. This yard shall be an open area with no encroachments permitted including drives, parking areas, porches or patios with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

b.

Side yard. There shall be required perimeter side yards having a width of not less than 50 feet each between any building and the side property line. This yard shall be an open area with no encroachments permitted including drives, parking areas, porches or patios, with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

c.

Rear yard. There shall be a required perimeter yard having a depth of not less than 50 feet as measured between the rear lot line and any portion of a building. This yard area shall be open area with no encroachments permitted including drives, parking areas, porches or patios, with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

(4)

Parking requirements. Off-street parking shall be provided on the same tract as the residential units on a paved driveway or parking space, but not in the required perimeter front, side or rear yards at a minimum of two and one-half spaces per townhouse or multifamily unit.

a.

Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

(Code 1986, § 25-190; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2024-16, (Att.), 10-18-24)

Within the areas designated R-T townhouse, developments involving the sale of lots shall adhere to the following additional regulations:

(1)

Minimum tract area. The minimum tract area which may be developed for townhouse or multifamily complexes shall be contained in a contiguous parcel of land comprising a total area of at least two acres.

(2)

Minimum width of tract of building line. A minimum frontage of 100 feet, as measured at the front building line, shall be required for townhouse or multifamily developments.

(3)

Minimum lot area. The minimum lot area which may be sold with individual townhouses is 480 square feet which shall correspond to the ground floor area of the townhouse unit.

(4)

Minimum lot width at building line. A minimum frontage of 20 feet, as measured at the front building line, shall be required for each interior townhouse unit offered for sale. A minimum frontage of 30 feet, as measured at the front building line, shall be required for each end townhouse unit offered for sale.

(5)

Area regulations.

a.

Front yard. There shall be a required perimeter front yard having a depth of not less than 40 feet. This yard shall be an open area with no encroachments permitted including drives, parking areas, porches or patios with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

b.

Side yard. There shall be required perimeter side yards having a width of not less than 25 feet each between any building and the side property line. This yard shall be an open area with no encroachments permitted including drives, parking areas, porches or patios with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

c.

Rear yard. There shall be a required perimeter rear yard having a depth of not less than 30 feet as measured between the rear lot line and any portion of a building. This yard area shall be an open area with no encroachments permitted including drives, parking areas, porches or patios with the exception of entrances the length of which does not exceed the depth of the perimeter yard.

d.

Site plan. The developer shall submit a site plan prepared in accordance with the requirements set forth in this division.

(6)

Height regulations. No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building, except where the building is adjacent to a public street, in which case the height shall be measured at the perimeter yard building line. This limitation shall not apply to belfries, chimneys, church spires, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height, plus ten feet from the nearest property line.

(7)

Maximum number of dwelling units per building. The maximum number of dwelling units per building shall be eight.

(8)

Parking requirements. Off-street parking shall be provided on the same tract as the residential units, but not in the required perimeter front, side or rear yards at a minimum of two and one-half spaces per townhouse or multifamily unit.

a.

Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

(9)

Accessory buildings.

a.

Accessory buildings shall not extend into the front, side or rear perimeter yards.

b.

Such buildings shall not be closer than 15 feet to the principal building.

c.

Accessory buildings shall not exceed 20 feet in height and shall not be nearer than 30 feet from the rear property line, nor closer than five feet to any recorded easement. A recreational center building having a floor area equal to or greater than the average dwelling unit in the complex may be 35 feet in height.

(10)

Preliminary plan approval. Prior to the approval of any townhouse or multifamily development, the developer shall submit a preliminary site plan application with all the required documents and fees per the current checklist to the planning commission for review. This preliminary site plan shall:

a.

Be drawn to an appropriate scale.

b.

Include:

1.

Existing zoning.

2.

Existing and proposed roads and drainage.

3.

Curb cuts, drives and parking areas.

4.

Lot lines.

5.

Building lines.

6.

Open space and recreational areas.

7.

Boundaries, tracts and names of adjacent property owners.

8.

Existing sewer and water lines.

9.

Contours at vertical intervals of two feet or less.

10.

Exhibit a vicinity map showing the relation of the proposed development to the city.

11.

Proposed landscape areas.

12.

Show the relation of the proposed development to:

i.

The street system; and

ii.

The surrounding property and use districts.

c.

Where the development constitutes a subdivision, all requirements of the subdivision regulations shall be met.

(11)

Final plan approval. After approval of the preliminary site plan and prior to the issuance of any building permit or construction contract, the developer shall submit a final site plan application with all the required documents and fees per the current checklist to the planning commission. The final plan shall embody all the requirements imposed by the planning commission. The final plan shall:

a.

Be drawn to a scale of one inch equals 50 feet.

b.

Shall include the following:

1.

Existing and proposed roads.

2.

Curb cuts, drives and parking areas.

3.

Lot lines.

4.

The building line and location of all structures to be built on the site.

5.

Open space, recreational areas and landscaping.

c.

Meet the design features set forth in the preliminary site plan section.

d.

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

e.

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

f.

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

g.

If home ownership is planned for the residents of the development, a master deed and/or any homeowner association contracts must accompany the final plan for review by the planning commission.

h.

Where the development constitutes a subdivision, all requirements of the subdivision regulations shall be met

(Code 1986, § 25-191; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

Within the areas designated R-T on the zoning map of the city but not developed as a townhouse, a multifamily development or an assisted-care living facility, the following provisions shall apply as set forth in this section:

(1)

Minimum lot area.

a.

Single-family dwellings: 10,000 square feet.

b.

Two-family dwellings: 15,000 square feet.

c.

Places of worship: three acres.

d.

Schools: five acres, plus one acre for each 200 students over 200 the school is designated to serve.

e.

Libraries: 40,000 square feet.

f.

Museums: 40,000 square feet.

(2)

Minimum lot width measured at the building line.

a.

Single-family dwellings: 70 feet.

b.

Two-family dwellings: 100 feet.

c.

Places of worship: 200 feet.

d.

Libraries: 200 feet.

e.

Museums: 200 feet.

(3)

Area requirements.

a.

Front yards.

1.

There shall be a required front yard of not less than 40 feet.

2.

On double frontage or corner lots, there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

3.

On a corner lot, no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees between the height of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

b.

Side yard. There shall be one or more required side yards of not less than ten feet each.

c.

Rear yard. There shall be a required rear yard of not less than 25 feet. An unheated rear porch, located on the first floor as measured from the average of the finished ground elevations at the front line of the building, may extend into the required rear yard by up to ten feet.

(4)

Height regulations. No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, church spires, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height, plus ten feet from the nearest property lines.

(5)

Maximum number of principal buildings permitted.

a.

Residential uses shall be limited to one principal building per lot.

b.

Uses other than residential shall have no limitations on the number of buildings, but the aggregate of all buildings shall not exceed 25 percent of the entire lot.

(6)

Parking requirements.

a.

Off-street parking spaces required under this section shall be provided on the same lot, parcel or tract as the principal building, but not in any portion of the required front yard. Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

The number of required off-street parking spaces shall be in accordance with the following minimum standards:

a.

Single-family dwellings: two parking spaces.

b.

Places of worship: one parking space for each five seats provided in the main auditorium for every new place of worship; one parking space for each five seats provided in a new main auditorium constructed by an existing place of worship; and one parking space for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with the place of worship, but only when there is a written agreement between the place of worship and the owner of such property outlining the use arrangement which is approved by the board of zoning appeals.

c.

Schools:

1.

Elementary schools (K through eight): 1.15 parking spaces per staff member. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

2.

High schools (nine through 12): five parking spaces for each classroom or administrative office or one parking space for each five seats in the auditorium, whichever is greater. For computation purposes any fractional amount over one will be rounded to the next larger whole number.

3.

College or university: eight parking spaces for each classroom.

d.

Libraries, museums or other public buildings: one parking space for each 200 square feet of floor space in the building.

e.

Any uses not specifically listed: one parking space for every 200 feet of gross floor area.

(7)

Accessory buildings. Accessory buildings/structures and other outdoor accessory constructions and items that are normal and incidental to single-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture and birdhouses in the R-T district, shall be located in compliance with the following:

a.

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front building line of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as front line of the building of the principal building.

b.

Such buildings may extend into the required rear yard but shall be located a distance from the rear and side lot line equal to at least the height of the structure and not closer than five feet to any recorded easement. However, this subsection shall not be granted to structures containing habitable space.

c.

Accessory buildings shall not exceed 20 feet in height and shall not be nearer than 30 feet from the rear property line, nor located a distance from the side property line equal to the height of the structure and not closer than five feet to any recorded easement. A recreational center building having a floor area equal to or greater than the average dwelling unit in the complex may be 35 feet in height.

d.

Accessory buildings shall not cover more than 25 percent of the required rear yard.

e.

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

f.

Flagpoles on single-family dwellings and two-family dwellings may be located on any yard, provided that they are located a distance equal to or greater than their own height from the nearest property line. Flagpoles shall not be located within a recorded easement; and shall not exceed 20 feet in height.

g.

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-192; Ord. No. 1996-12, 9-23-1996; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2009-16, 11-9-09; Ord. No. 2024-16, (Att.), 10-18-24)

The regulations set forth in this division shall apply to the district designation of the R-H residential district. An R-H district shall be located on a route designated as either a major or a collector street on the official major road plan. The R-H district is an area containing single-family dwellings, two-family dwellings, townhouses (attached single-family dwellings), multifamily developments and congregate housing.

(Code 1986, § 25-193; Ord. No. 2007-20, 12-10-07)

Within the districts designated as R-H residential districts, the following uses are permitted: single-family dwellings, two-family dwellings, townhouses, multifamily dwellings, and congregate care facilities. Also permitted are accessory uses customarily incidental to the permitted uses, including, but not limited to, satellite dish receiving antennas, and, in congregate care facilities, common dining, social and recreational facilities, housekeeping facilities, and facilities for the on-site sale of goods and services for the use of residents and their guests. In addition, the sale to and consumption on the premises by residents and their guests of alcoholic beverages shall be a permitted use in the common dining, social and recreational facilities of congregate care facilities in the R-H residential district.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-194; Ord. No. 2005-16, 10-10-05; Ord. No. 2007-20, 12-10-07; Ord. No. 2016-08, 8-8-16)

The uses listed in this section shall be permitted by the board of zoning appeals, provided that the use requested is to be located on a route designated as either a major street or a collector street on the official major road plan, and that the other requirements set forth in this division article II, division 4 and article II, division 2 of this chapter are met: Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; municipal, county, state or federal uses; public utilities, golf courses; private and country clubs; parks and playgrounds; cultural activities; cemeteries; family day care homes and wireless transmission facilities. Accessory buildings and structures and accessory uses customarily incidental to the above uses are allowed, provided that the principal structure on the site was approved by the board of zoning appeals, or if the principal structure on the site is classified as an allowable, nonconforming use, per section 23-666 of this chapter.

(Ord. No. 2007-20, 12-10-07; Ord. No. 2009-16, 11-9-09)

(a)

A concept plan shall accompany all applications for R-H zoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to R-H all property included in the concept plan which may not be zoned R-H.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3, of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Ord. No. 1999-16, 12-27-99; Ord. No. 2007-20, 12-10-07; Ord. No. 2023-20, (Att.), 11-13-23)

Within the areas designated R-H, all townhouse and multifamily developments shall adhere to the following regulations:

(1)

Density. One townhouse dwelling unit or multifamily dwelling unit shall be allowed for each 4,356 square feet of parcel area.

(2)

Open space. A minimum of 30 percent of the total area to be developed for townhouse or multifamily purposes shall be devoted to open space.

(3)

Internal building spacing. No building group shall be nearer than 30 feet to any other building group.

(4)

Landscaping. A landscape screen having a minimum width of 25 feet shall be provided along all rear and side lot lines contiguous to roadways or land zoned R-E-10, R-E, R-E- 1, R, R-1, R-2 and R-3 districts. Such a landscape screen may be located in the required perimeter side and/or rear yards but shall not extend into or beyond the required front yard.

(5)

Minimum tract area. The minimum area which may be developed for townhouse or multifamily dwellings shall be contained in a contiguous parcel of land under common ownership comprising a total area of at least two acres.

(6)

Minimum width of the tract at building line. A minimum frontage of 100 feet, as measured at the front building line, shall be required for townhouse or multifamily developments.

(7)

Yard regulations.

a.

Front yard. There shall be a required front yard having a depth of not less than 40 feet. This yard shall be an open area with no encroachments permitted (including drives, parking areas, porches or patios), with the exception of a driveway the length of which does not exceed the depth of the perimeter yard.

b.

Side yard. There shall be required perimeter side yards having a depth of not less than 50 feet each between any building and side property line. This yard shall be an open area with no encroachments permitted (including driveways, parking areas, porches, or patios), with the exception of a driveway the length of which does not exceed the depth of the perimeter yard.

c.

Rear yard. There shall be a required perimeter rear yard having a depth of not less than 50 feet, as measured between the rear lot line and any portion of a building. This yard area shall be an open area with no encroachments permitted (including driveways, parking areas, porches or patios), with the exception of a driveway the length of which does not exceed the depth of the perimeter yard.

(8)

Height regulations. No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building, except where the building is adjacent to a public street, in which case the height shall be measured at the perimeter yard building line. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height plus ten feet from the nearest property line.

(9)

Maximum number of dwelling units per building. The maximum number of dwelling units per building shall be 12.

(10)

Parking requirements. Off-street parking shall be provided on the same tract as the townhouse or multifamily units on a paved driveway or parking space, but not in the required perimeter front, side or rear yards, at a minimum of two spaces per townhouse or multifamily unit.

a.

Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicles storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

(11)

Accessory structures. Accessory structures in townhouse and multifamily developments shall not exceed 20 feet in height and shall not be nearer than 30 feet from the rear property line, nor be closer to the side property line than a distance equal to the height of the structure and not closer than five feet to any recorded easement. A recreational center building having a floor area equal to or greater than the average dwelling unit in the development may be 35 feet in height.

(12)

Preliminary site plan approval. Prior to the approval of any townhouse or multifamily development in the R-H district, the developer shall submit a preliminary site plan application with all the required documents and fees per the current checklist to the planning commission for review. The preliminary site plan shall:

a.

Be drawn to an appropriate scale.

b.

Include:

1.

Existing zoning.

2.

Existing and proposed roads and drainage.

3.

Curb cuts, drives and parking areas.

4.

Lot lines.

5.

Building lines.

6.

Open space and recreational areas.

7.

Boundaries, tracts and names of adjacent property owners.

8.

Existing sewer and water lines.

9.

Contours at vertical intervals of two feet or less.

10.

Exhibit a vicinity map showing the relation of the proposed development to the city.

11.

Proposed landscape areas.

12.

Show the relation of the proposed development to:

i.

The street system; and

ii.

The surrounding property and use districts.

(13)

Final plan approval. After approval of the preliminary plan and prior to the issuance of any building permit or construction contract, the developer shall submit a final site plan application with all the required documents and fees per the current checklist to the planning commission approval of the final site plan. The final site plan shall embody all the requirements imposed by the planning commission. The final site plan shall:

a.

Be drawn to a scale of one inch equals 50 feet.

b.

Include:

1.

Existing and proposed roads.

2.

Curb cuts, drives and parking areas.

3.

Lot lines.

4.

The building line and location of all structures to be built on the site.

5.

Open space, recreational areas and landscaping.

c.

Meet the design features set forth in the preliminary plan section.

d.

Contain a certification by a registered land surveyor that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

e.

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

f.

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(Code 1986, § 25-196; Ord. No. 1999-1, 1-25-99; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2007-20, 12-10-07; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

Within the areas designated R-H, all single-family and two-family developments shall adhere to the following regulations:

(1)

Minimum lot area.

a.

Single-family dwellings: 4,356 square feet.

b.

Two-family dwellings: 8,712 square feet.

(2)

Minimum lot width measured at the building line.

a.

Single-family dwellings: 40 feet.

b.

Two-family dwellings: 70 feet.

(3)

Yard regulations.

a.

Front yards.

1.

There shall be a required front yard of not less than 20 feet.

2.

On double frontage or corner lots, there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

3.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees less than 30 inches in height and limbs or growth greater than 96 inches above the ground, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

4.

Side yard. There shall be one or more required side yards of not less than five feet each.

5.

Rear yard. There shall be a required rear yard having a depth of not less than 15 feet.

(4)

Height regulations. No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provision of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height, plus ten feet from the nearest property lines.

(5)

Maximum number of buildings permitted. Maximum number of buildings shall be limited to one principal building per lot.

(6)

Off-street parking. Two parking spaces per unit. Off-street parking spaces required under this section shall be provided on the same lot, parcel or tract as the principal building but not in any portion of the required front yard.

a.

Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building. Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

(7)

Accessory structures. Accessory buildings and other outdoor accessory structures and items that are normal and incidental to single-family and two-family dwellings; excluding, but not limited to, satellite receiving antennas (covered in section 23-2), basketball goals, temporary lawn game apparatus, decorative items, lawn furniture and birdhouses in the R-T district, shall be located in compliance with the following:

a.

No accessory buildings/structures and other outdoor accessory constructions shall extend beyond the front line of the building of the principal building, nor shall they extend into the required side yard between the front and rear lines of the principal building. On corner lots, both sides of the principal building that face the intersecting streets are classified as the front line of the building of the principal building.

b.

Such buildings may extend into the required rear yard but shall be located a distance from the rear and side lot lines equal to at least the height of the structure and not closer than five feet to any recorded easement. However, this subsection shall not be applicable to structures containing habitable space.

c.

Accessory buildings shall not cover more than 25 percent of the required rear yard.

d.

Accessory buildings, structures and other accessory items and uses are not allowed on lots that do not have a principal building.

e.

Accessory structures in single-family and two-family developments shall not exceed 20 feet in height.

f.

Generators shall not be placed in front of the principal structure or be visible from the street. All generators shall be screened from public view either with landscaping or an opaque enclosure.

(Code 1986, § 25-197; Ord. No. 1999-16, 12-27-99; Ord. No. 2002-7, 6-10-02; Ord. No. 2005-09, § 14, 9-12-05; Ord. No. 2007-20, 12-10-07; Ord. No. 2024-16, (Att.), 10-18-24)

Within the areas designated R-H, all congregate care facilities shall adhere to the following regulations:

(1)

Open space. A minimum of 35 percent of the total area to be developed as a congregate care facility shall be devoted to open space.

(2)

Landscaping. A landscape screen having a minimum width of 25 feet shall be provided along all rear and side lot lines contiguous to roadways or land zoned R-E, RE-1, R, R-1, R-2, or R-3. Such a landscape screen may be located in the required perimeter side or rear yards but shall not extend into or beyond the required front yard.

(3)

Minimum tract area. The minimum area which may be developed for congregate care housing shall be contained in a contiguous parcel of land under common ownership comprising a total area of at least two acres.

(4)

Minimum tract width at the building line. A minimum frontage of 200 feet as measured at the front building line shall be required for congregate care facilities.

(5)

Yard regulations.

a.

Front yard. There shall be a required front yard having a depth of not less than 40 feet as measured between the front property line and any portion of a building, including porches and patios. There shall be a 60-foot required front yard on lots that provide parking within the required front yard, as measured between the front property line and any portion of a building, including porches and patios.

b.

Side yard. There shall be required perimeter side yards having a depth of not less than 50 feet each between the side property line and any portion of a building, including porches and patios.

c.

Rear yard. There shall be a required perimeter rear yard having a depth of not less than 50 feet as measured between the rear lot line and any portion of a building, including porches and patios.

(6)

Height regulations. No structure shall exceed 35 feet in height as measured from the average of the finished ground elevations at the front line of the building except where the front of the building is adjacent to a public street, in which case the height shall be measured at the perimeter yard building line. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height plus ten feet from the nearest property line.

(7)

Parking requirements. Off-street parking shall be provided on the same tract as the congregate care facility, but not in the required perimeter front, side or rear yards at a minimum of one space per congregate housing unit. An additional space shall be provided for each employee or staff member on the largest shift of employment. There shall be a 60-foot required front yard on lots that provide parking within the required front yard, per an approved site plan, as measured between the front property line and any portion of a building, including porches and patios.

a.

Automobiles, and all other vehicles designed for passenger use which do not exceed eight feet in height at any point and do not exceed 20 feet in length and do not exceed 8,000 pounds gross vehicle weight shall be parked or stored on a paved driveway, parking space or any other hard-surfaced area that is normally considered the driveway area of the lot; however, vehicle storage shall not be located in any portion of the required front yard.

b.

Any vehicle which exceeds eight feet in height at any point or exceeds 20 feet in length or exceeds 8,000 pounds gross vehicle weight, and, without regard to size, including but not limited to, any recreational vehicles, boats, personal watercrafts, motor homes, truck campers, travel trailers, tent trailers, camping trailers, motorized dwellings, fifth wheels, mobile homes, house trailers, trailers, semi-trailers, horse trailers, airplanes, airplane gliders, off-highway motor vehicles, snowmobiles, sand buggies, dune buggies, all-terrain vehicles, tractors, implements of husbandry, special mobile equipment, or any other major recreational equipment shall be parked or stored in a garage, or for no more than 30 days per year in a fenced area behind the rear line of the principal building but no closer than 15 feet to any property boundary line and no closer than 15 feet to the rear line of the principal building Any vehicle which exceeds eight feet in height or exceeds 20 feet in length shall be parked or stored on a paved surface. Motor homes may be parked on a driveway at a residence for up to 72 hours in a 30-day period.

(8)

Accessory structures. Accessory structures associated with congregate care facilities shall not exceed 20 feet in height and shall not be nearer than 30 feet from the rear property line, nor be closer to the side property line than a distance equal to the height of the structure and not closer than five feet to any recorded easement. A recreational center building having a floor area equal to or greater than the average dwelling unit in the development may be 35 feet in height.

(9)

Preliminary plan approval. Prior to the approval of any congregate care facility in the R-H district, the developer shall submit a preliminary site plan application with all the required documents and fees per the current checklist to the planning commission for review. The preliminary site plan shall:

a.

Be drawn to an appropriate scale;

b.

Include:

1.

Existing zoning;

2.

Existing and proposed roads and drainage;

3.

Curb cuts, drives and parking areas;

4.

Lot lines;

5.

Building lines;

6.

Open space and recreational areas;

7.

Boundaries, tracts, and names of adjacent property owners;

8.

Existing sewer and water lines;

9.

Contours at vertical intervals of two feet or less;

10.

Vicinity map showing the relation of the proposed development to the city;

11.

Proposed landscape areas;

12.

Show the relation of the proposed development to:

(i)

The street system; and

(ii)

The surrounding property and use districts.

(10)

Final plan approval. After approval of the preliminary plan and prior to the issuance of any building permit or construction contract, the developer shall submit a final site plan application with all the required documents and fees per the current checklist to the planning commission approval of the final plan. The final site plan shall embody all the requirements imposed by the planning commission. The final site plan shall:

a.

Be drawn to a scale of one inch equals 50 feet;

b.

Include:

1.

Existing and proposed roads;

2.

Curb cuts, drives and parking areas;

3.

Lot lines;

4.

Building line and location of all structures to be built on the site;

5.

Open space, recreational areas, and landscaping.

c.

Meet the design features as set forth in the preliminary plan section;

d.

Contain a certification by a registered land surveyor that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown;

e.

Provide a form for certification of approval by the planning commission by the secretary of the planning commission;

f.

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(Ord. No. 1999-1, 1-25-99; Ord. No. 1999-16, 12-27-99; Ord. No. 2005-9, § 14, 9-12-05; Ord. No. 2007-20, 12-10-07; Ord. No. 2010-3, 5-10-10; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

Swimming pools in the R-H district, notwithstanding any provision to the contrary in this division, shall be located behind the front line of the building, a minimum of five feet from all property lines and recorded easements.

(Code 1986, § 25-198; Ord. No. 1999-1, 1-25-99; Ord. No. 1999-16, 12-27-99; Ord. No. 2007-20, 12-10-07)

The following facilities shall be permitted within an R-H zoning district for the convenience of the residents and their guests, but not for the general public, with no exterior signage allowed:

(1)

Snack bar with a maximum of 350 square feet per 100 dwelling units.

(2)

Beauty or barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet for combined operators.

(3)

Convenience retail shop with a maximum of 350 square feet per 100 dwelling units to provide for the sale of food items, prescription and nonprescription drugs, small household items and gifts.

(Code 1986, § 25-199; Ord. No. 1999-1, 1-25-99; Ord. No. 1999-16, 12-27-99; Ord. No. 2007-20, 12-10-07)

(a)

Each dwelling unit shall contain or be adjustable to contain, emergency signal facilities located three to four feet above floor level, and shall register a signal at a central location to permit 24-hour per day monitoring. An interconnecting telephone system that does not involve dial-type phones or require a series of numbers or codes to activate the system, may be utilized to meet this requirement.

(b)

Notwithstanding any other provision in the Code of Ordinances, all residential units shall be sprinkler protected with a system approved by the city fire marshal.

(Code 1986, § 25-200; Ord. No. 1999-1, 1-25-99; Ord. No. 1999-16, 12-27-99; Ord. No. 2007-20, 12-10-07)

The regulations set forth in this division shall apply to the district designation of C-1 district. The purpose of the neighborhood commercial district is to provide a variety of goods and services for the immediate residential neighborhood.

(Code 1986, § 25-211)

Within the districts designated as C-1 neighborhood commercial districts the following activities are permitted:

(1)

Generally recognized retail trade establishments which supply convenience goods and services on the premises for persons residing in adjacent residential areas such as, but not limited to, groceries, meats, dairy products, baked goods or other convenience goods, drugs, dry goods, clothing and notions or hardware;

(2)

Personal establishments which perform services on the premises, such as, but not limited to, repair shops, tailor shops, beauty parlors or barber shops, photographic studios, dry cleaners, and laundries;

(3)

Professional Service such as, but not limited to, architectural, accounting, legal, and engineering services;

(4)

Public uses such as, but not limited to, post offices, schools, governmental offices which serve the population of adjacent residential areas;

(5)

Restaurants which provide for the consumption of food on the premises (restaurants whose primary functions is to provide consumption within the building and/or take out services; no drive- in or drive-thru restaurants will be allowed);

(6)

Finance, insurance and real estate services such as, but not limited to, banks, insurance offices, savings and loan associations, and security brokers;

(7)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(8)

Public utilities such as, but not limited to, water, gas and electric power lines;

(9)

General offices;

(10)

Wireless transmission facilities;

(11)

Assisted-care living facilities; and

(12)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna.

(13)

Child care facilities;

(14)

Medical office/services and veterinary clinics.

(Code 1986, § 25-212; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

A concept plan shall accompany all applications for C-1 rezoning. The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(4)

Include a vicinity map which shows the location of the proposed development within the city.

(b)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to C-1 all property included in the concept plan which may not be zoned C-1.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3 of this chapter. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Code 1986, § 25-213; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the concept plan and the establishment of the C-1 district, but prior to the issuance of any building permit or construction contract for development of an existing C-1 district, the applicant submit a final site plan application with all the required documents and fees per the current checklist and have approved by the planning commission a final site plan covering the entire tract or that portion to be developed.

(b)

The final site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The zoning of adjacent tracts.

f.

The names of the owners of all adjoining lots or tracts.

g.

A vicinity map which shows the location of the proposed development within the city.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(5)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(c)

The applicant may, if desired, submit only one final plan for the purpose of both securing zoning and approval of the development plan if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(Code 1986, § 25-214; Ord. No. 2023-20, (Att.), 11-13-23)

The aggregate of all buildings in the C-1 district shall not exceed 25 percent of the entire lot area of the project.

(Code 1986, § 25-215)

The yard requirements in the C-1 district shall be as follows:

(1)

Front yards.

a.

There shall be a 60-foot required front yard setback on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot required front yard setback on lots that do not have facilities for parking within the required front yard.

c.

No accessory building shall project beyond the front yard line on any street.

d.

On double frontage and corner lots, there shall be a front yard on each street; provided, however, that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

e.

No structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be a required side yard of 50 feet when adjoining a single or two-family district (R-E-10, R-E, R, R-1, R-2 and R-3).

b.

There shall be a required side yard of not less than 30 feet on the side of the lot adjoining a multifamily district (R-T, PUD).

c.

There shall be a required side yard of not less than 20 feet on the side of each lot when adjoining all other business uses (C-1, C-2, SC-1, O).

(3)

Rear yards.

a.

There shall be a required rear yard of 50 feet when it adjoins a single-family or two-family district (R-E-10, R-E, R, R-1, R-2 and R-3).

b.

There shall be a required rear yard having a depth of not less than 15 feet, except that there shall be a rear yard having a depth of not less than 30 feet when it adjoins a multifamily district (R-T, PUD).

c.

There shall be required rear yards having a width of not less than 15 feet each on lots adjoining other business districts (C-1, C-2, SC-1 and O).

(Code 1986, § 25-216)

(a)

Within the required side yards in the C-1 district, a planting screen of sufficient length to obstruct the view from any residential district (R-E-10, R-E, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(b)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E, R, R-1, R-2, R-3).

(c)

There shall be a planting screen of at least 15 feet in width when adjoining a multifamily district (R-T, PUD).

(Code 1986, § 25-217)

No structure in the C-1 district shall exceed 35 feet in height, measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height plus ten feet from the nearest property line.

(Code 1986, § 25-218)

The following provisions for off-street parking in the C-1 district are required in order to provide parking spaces off all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the C-1 development, thus to promote and protect the public health, safety and general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Retail trade (all).

b.

Government offices.

c.

Real estate offices.

d.

General office.

e.

Professional services, such as, but not limited to, architectural, legal and engineering services.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Personal services: repair shops, tailor shops, photographic studio, dry cleaners, laundries.

b.

Insurance offices.

c.

Security brokers.

d.

Art galleries.

(3)

Other uses:

a.

Personal services:

1.

Beauty parlors/barber shop: At least three off-street parking spaces shall be provided for each operator chair.

2.

Child care facilities: At least one off-street parking space shall be provided per employee on the largest shift of employment, plus one parking space for every six students.

b.

Public uses:

1.

Post office: At least one off-street parking space shall be provided for every 400 square feet of gross floor area, plus one parking space for every employee on the shift of largest employment.

2.

Schools:

i.

Elementary schools (K through eight): At least 1.5 off-street parking spaces shall be provided per staff member. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

ii.

High schools (grades nine through 12): At least one off-street parking space shall be provided for each employee, plus 0.6 parking spaces per maximum capacity of 11th and 12th grade students. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

iii.

College or university: At least eight off-street parking spaces shall be provided for each classroom.

3.

Public utilities: At least one off-street parking space per employee, plus one parking space for every public vehicle.

c.

Restaurants: At least one off-street parking space shall be provided for every two seats, plus one parking space per every two employees on the shift of greatest employment, plus ten queuing spaces for each drive-in aisle.

d.

Banks/savings and loans associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

e.

Cultural activities:

1.

Museums: At least one off-street parking space shall be provided for every 1,000 square feet of gross floor area.

2.

Libraries: At least one off-street parking space shall be provided for every 300 square feet of gross floor area, plus one parking space for each two employees on the shift of greatest employment.

f.

Community assembly:

1.

Public or private facilities designed for audiences: At least one off-street parking space shall be provided for every three seats in the building.

2.

Places of worship: At least one off-street parking space shall be provided for every five seats located in the main auditorium.

(4)

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces up to a maximum of 20 bicycle spaces.

(6)

Loading requirements: Business uses involving the sale of merchandise or food shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. One additional loading space shall be provided for each additional 20,000 square feet or fraction thereof.

(7)

General:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted within 35 feet of any single-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily districts (R-T, PUD).

(8)

Planned shopping center: At least one parking space shall be provided for every 200 square feet of gross floor area. The Planning Commission may approve modifications to the parking requirements in order to accommodate a particular mix of uses.

(Code 1986, § 25-219; Ord. No. 2024-16, (Att.), 10-18-24)

Any building in the C-1 district used primarily for any of the enumerated purposes in this division may not have more than 25 percent of the floor area devoted to storage. No temporary or movable structures shall be used for storage purposes.

(Code 1986, § 25-220)

Outside display and/or storage of merchandise in the C-1 district will be permitted, provided that the display and/or storage is confined to the portion of the property behind the front line of the building.

(Code 1986, § 25-221)

Within the C-2 neighborhood commercial district, wireless transmission facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Ord. No. 1996-10, 7-22-1996)

Within the C-1 neighborhood commercial district assisted-care living facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Code 1986, § 25-223)

The regulations set forth in this division shall apply to the district designation of the C-2 general commercial district. The purpose of the general commercial district is to provide for a mixture of retail and service establishments for the city.

(Code 1986, § 25-236)

Within the districts designated as C-2 general commercial districts the following activities are permitted:

(1)

Generally recognized retail trade establishments which supply convenience goods, shoppers' goods and general merchandise;

(2)

Personal services such as, but not limited to, tailor shops, beauty parlors, barber shops, photographic studios, laundries, child care facilities and hospitals and repair services such as, but not limited to, radio and television repair, appliance repair and shoe repair;

(3)

Professional Service such as, but not limited to, architectural, accounting, legal, and engineering services;

(4)

Finance, insurance and real estate services such as, but not limited to, banks, insurance offices, savings and loan associations and security brokers;

(5)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(6)

Educational services such as, but not limited to, nursery, primary and secondary schools, professional schools, and vocational or trade schools;

(7)

Public uses such as, but not limited to, governmental offices, public facilities, post offices and schools;

(8)

Restaurants which provide for the consumption of food on premises; (restaurants whose primary function is to provide consumption within the building and/or takeout services; no drive-in and/or drive -thru restaurants will be allowed);

(9)

General offices;

(10)

Wireless transmission facilities;

(11)

Assisted-care living facilities;

(12)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna;

(13)

Sexually oriented business;

(14)

Hotels;

(15)

Health care facilities and hospitals;

(16)

Medical office/services and veterinary clinics;

(17)

Funeral chapel; and

(18)

Child care facilities.

(Code 1986, § 25-237; Ord. No. 1999-3, § 2, 6-28-99; Ord. No. 2006-8 1-22-07; Ord. No. 2014-11, § 2, 10-13-14; Ord. No. 2014-12, § 2, 10-27-14; Ord. No. 2024-16, (Att.), 10-18-24)

Within the C-2 general commercial district an automotive body shop shall be permitted by the board of zoning appeals, provided that the body shop is an accessory use to an automobile dealership; is to be located on a route designated as either a major street or a collector street on the official major road plan; has adequate buffering and noise control provisions; and that the other requirements set forth in this division and II, division 2 of this chapter are met.

(Code 1986, § 25-238)

(a)

A concept plan shall accompany all applications for C-2 rezoning.

(b)

The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(4)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to C-2 all property included in the concept plan which may not be zoned C-2.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing to be held by the board of mayor and aldermen shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter in article II, division 3. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Code 1986, § 25-239; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the concept plan and the establishment of the C-2 district, but prior to the issuance of any building permit or construction contract for development of an existing C-2 district, the applicant shall submit a final site plan application with all the required documents and fees per the current checklist and have approved by the planning commission a final site plan covering the entire tract or that portion to be developed.

(b)

The final site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The zoning of adjacent tracts.

f.

The names of the owners of all adjoining lots or tracts.

g.

A vicinity map which shows the location of the proposed development within the city.

h.

Any proposed outside storage and display areas.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(5)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(c)

The applicant may, if desired, submit only one final plan for the purpose of both securing zoning and approval of the development plan if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(Code 1986, § 25-240; Ord. No. 2023-20, (Att.), 11-13-23)

The aggregate of all buildings in the C-2 district shall not exceed 25 percent of the entire lot area of the project.

(Code 1986, § 25-241)

The yard requirements in the C-2 district shall be as follows:

(1)

Front yards.

a.

There shall be a 60-foot required front yard on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot required front yard on lots that do not have facilities for parking within the required front yard.

c.

No accessory building shall project beyond the front line of the principal building.

d.

On double frontage or corner lots there shall be a required front yard on each street, provided that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

e.

No sign, structure, planting or object of natural growth shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be a required side yard of not less than 50 feet when adjoining a single or two-family district (R-E, R, R-1, R-2, R-3).

b.

There shall be required side yards of not less than 30 feet on each side of the lot adjoining a multifamily district (R-T, PUD).

c.

There shall be a side yard of not less than 20 feet on the side of each lot adjoining other business districts (C-1, C-2, SC-1, O).

(3)

Rear yards.

a.

There shall be a required rear yard having a depth of not less than 50 feet when adjoining a single-family or two-family district (R-E, R, R-1, R-2, R-3).

b.

There shall be a required rear yard having a depth of not less than 30 feet when adjoining a multifamily district (R-T, PUD).

c.

There shall be a required rear yard of not less than 15 feet on lots adjoining other business districts (C-1, C-2, SC-1, O).

(Code 1986, § 25-242)

(a)

Within the required side yards a planting screen of sufficient length to obstruct the view from any residential district (R-E, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(1)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width when adjoining a multifamily district (R-T, PUD).

(b)

Within the required rear yard a planting screen of sufficient length to obstruct the view thereof shall be required for rear lots adjoining any residential district (R-E, R, R-1, R-2, R-3, R-T, PUD).

(1)

There shall be a planting screen of at least 25 feet in width when adjoining a single-family or two-family district (R-E, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width when adjoining a multifamily district (R-T, PUD).

(Code 1986, § 25-243)

No structure shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height plus ten feet from the nearest property line.

(Code 1986, § 25-244)

The following provisions for off-street parking are required in order to provide parking spaces off all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the C-2 development, thus to promote and protect the public health, safety and general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Retail trade (outside of a shopping center).

b.

Government offices.

c.

Real estate offices.

d.

General office.

e.

Professional services, such as, but not limited to, architectural, accounting, legal and engineering services.

f.

Adult arcade, adult bookstore, adult novelty store, adult video store, escort agency.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Personal services: repair shops, tailor shops, photographic studio, dry cleaners, laundries;

b.

Insurance offices;

c.

Security brokers;

d.

Art galleries; and

e.

Nude model studio.

(3)

Other uses:

a.

Personal services:

1.

Beauty parlors/barber shop: At least three off-street parking spaces shall be provided for each operator chair.

2.

Child care facilities: At least one off-street parking space shall be provided per employee on the largest shift of employment, plus one parking space for every six students.

3.

Hospitals: At least 2.5 parking spaces shall be provided per bed.

4.

Hotels: At least one parking space shall be provided per room, plus 100 percent of the requirement for other uses associated with the establishment.

5.

Adult hotels.

b.

Public uses:

1.

Post office: At least one off-street parking space shall be provided per employee for every 400 square feet of gross floor area, plus one parking space for every employee on the shift of largest employment.

2.

Schools:

i.

Elementary schools (K through eight): At least 1.5 off-street parking spaces shall be provided per staff member. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

ii.

High schools (grade nine through 12): At least one off-street parking space shall be provided for each employee, plus 0.6 parking spaces per maximum capacity of 11th and 12th grade students. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

iii.

College or university: At least eight off-street parking spaces shall be provided for each classroom.

3.

Public utilities: At least one off-street parking space per employee, plus one parking space for every public vehicle.

c.

Restaurants, adult cabaret, sexual encounter center: At least one off-street parking space shall be provided for every two seats, plus one parking space per every two employees on the shift of greatest employment, plus ten queuing spaces for each drive-in aisle.

d.

Banks/savings and loans associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

e.

Cultural activities:

1.

Museums: At least one off-street parking space shall be provided for every 1,000 square feet of gross floor area.

2.

Libraries: At least one off-street parking space shall be provided for every 300 square feet of gross floor area, plus one parking space for each two employees on the shift of greatest employment.

f.

Community assembly:

1.

Public or private facilities designed for audiences: At least one off-street parking space for every three seats in the building.

2.

Place of worship:

i.

At least one off-street parking space shall be provided for every five seats in the main auditorium for every new place of worship.

ii.

At least one parking space shall be provided for each five seats in a new main auditorium constructed by an existing place of worship.

iii.

At least one parking space shall be provided for each five additional seats added to an existing main auditorium.

g.

Planned shopping center: At least one parking space shall be provided for every 200 square feet of gross floor area. The Planning Commission may approve modifications to the parking requirements in order to accommodate a particular mix of uses.

(4)

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces (1:20). No more than 20 spaces shall be required for any project.

(6)

Loading requirements: Business uses involving the sale of merchandise or food shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. One additional loading space shall be provided for each additional 20,000 square feet or fraction thereof.

(7)

General:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted within 35 feet of any single-family district (R-E, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily districts (R-T, PUD).

(Code 1986, § 25-245; Ord. No. 1999-3, § 3, 6-28-99; Ord. No. 2006-8 1-22-07; Ord. No. 2024-16, (Att.), 10-18-24)

Any building in the C-2 district used primarily for any of the enumerated purposes in this division may not have more than 25 percent of the floor area devoted to storage. No temporary or movable structures shall be used for storage purposes.

(Code 1986, § 25-246)

Outside display and/or storage of merchandise in the C-2 district will be permitted, provided that the display and/or storage is confined to the portion of the property behind the front line of the building.

(Code 1986, § 25-247)

Within the C-2 general commercial district, wireless transmission facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Ord. No. 1996-10, 7-22-1996)

Within the C-2 general commercial district assisted-care living facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter.

(Ord. No. 1996-12, 9-23-1996)

The regulations set forth in this division shall apply to the district designation of SC-1 district. The purpose of the shopping center district is to encourage the coordinated development of community oriented shopping centers.

(Code 1986, § 25-261)

A building or premises may be used only for the following purposes in the SC-1 district:

(1)

Community assembly facilities such as, but not limited to, places of worship, community centers and enclosed theaters;

(2)

Recreational facilities such as, but not limited to, parks, playgrounds and amusement places;

(3)

Child care facilities;

(4)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services;

(5)

Business services such as, but not limited to, advertising firms, rental and leasing services and mailing services;

(6)

Finance, insurance and real estate services such as, but not limited to, banks, insurance offices, savings and loan associations, and security brokers;

(7)

Educational services such as, but not limited to, nursery, primary and secondary schools, professional schools, and vocational or trade schools;

(8)

Generally recognized retail trade establishments which supply convenience goods, shoppers' goods and general merchandise, excluding automobile sales agencies and lumber sales;

(9)

Personal services such as, but not limited to, tailor shops, beauty parlors and barber shops, photographic studios, and laundries;

(10)

Public uses such as, but not limited to, governmental offices, public facilities, post offices and schools;

(11)

Public utilities such as, but not limited to, water, gas and electric lines and stations;

(12)

Restaurants which provide for the consumption of food on the premises (restaurants whose primary function is to provide consumption within the building and/or take out service); no drive-in restaurants will be allowed;

(13)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(14)

General offices;

(15)

Wireless transmission facilities;

(16)

Assisted-care living facilities;

(17)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna;

(18)

Sexually oriented business excluding "Adult hotel"; and

(19)

Medical office/services, but not limited to, massage therapy and physical therapy; and veterinary clinics.

(Code 1986, § 25-262; Ord. No. 1996-12, 9-23-1996; Ord. No. 1999-3, § 2, 6-28-99; Ord. No. 2006-8 1-22-07; Ord. No. 2014-11, § 2, 10-13-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any owner or authorized agent of a tract of land two acres or more in area may submit a rezoning application request with a concept plan for the establishment and development of an SC-1 zoning district to the planning commission. The concept plan shall describe the use and general development concept for the entire tract.

(b)

The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Shall include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Include a vicinity map which shows the relation of the proposed development to the city.

(4)

Show the relation of the proposed development to:

a.

The existing street system.

b.

Traffic flow.

c.

The immediate and surrounding use districts.

d.

Adjacent tracts.

e.

Zoning of adjacent tracts.

f.

The names of the owners of all adjoining lots or tracts.

(5)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to SC-1 all property included in the concept plan which may not be zoned SC-1.

(c)

Following planning commission approval of the concept plan, notices and publications of public hearing to be held by the board of mayor and aldermen shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter in article II, division 3. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(Code 1986, § 25-263; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the rezoning and concept plan by the board of mayor and aldermen, the applicant may submit a preliminary site plan for the SC-1 district describing the concept for the development of the entire tract to the planning commission. The preliminary site plan shall incorporate the recommendations of the planning commission as determined in the concept plan review.

(b)

The preliminary site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Landscaped buffer areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The zoning of adjacent tracts.

f.

The names of the owners of all adjoining lots or tracts.

g.

A vicinity map which shows the location of the proposed development within the city.

h.

Proposed uses of the land and buildings.

i.

Conveyance of access rights to the city as required by the planning commission.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(5)

Be prepared in a manner to permit it to be recorded upon approval.

(6)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(7)

Provide the regulations used to control the uses permitted in the project and the uses specifically prohibited.

(c)

Reserved.

(d)

Reserved.

(e)

Per the timeline in the adopted Planning Commission By-Laws and any requirements of state law, the planning commission will review the preliminary site plan and indicate approval, disapproval or approval subject to modification.

(f)

The approval of the preliminary site plan shall lapse unless a final site plan based thereon is submitted within 12 months from the date of such approval. The submission of a final site plan for only a portion of the property included in the preliminary plat shall be sufficient to meet this requirement.

(Code 1986, § 25-264; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the preliminary site plan and the establishment of the SC-1 zoning district, but prior to the issuance of any building permit or construction contract, the applicant shall file with the planning commission a final site plan application with all the required documents and fees per the current checklist covering the entire tract or that portion proposed for development.

(b)

The final site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Specific landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

The total square footage of the parking areas provided.

e.

Building lines and the location of all structures.

f.

The total square footage of commercial space provided.

g.

The zoning of adjacent tracts.

h.

The names of the owners of all adjoining lots or tracts.

i.

A vicinity map which shows the location of the proposed development within the city.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(c)

The Director (including any designees, if/as applicable) shall have the authority to approve minor modifications to approved final plans that do not alter or conflict with the Planning Commission's approval of the development. If the Director determines an application is ineligible for administrative review, the application may make a submittal for the next Planning Commission meeting. If the Director does not approve the application, the applicant shall be advised of his or her right to appeal to the Planning Commission.

(Code 1986, § 25-265; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

Editor's note— Ord. No. 2023-20, (Att.), adopted November 13, 2023, repealed § 23-436, which pertained to optional procedures and derived from Code 1986, § 25-266.

The aggregate of all buildings in the SC-1 district shall not exceed 25 percent of the entire lot area of the project.

(Code 1986, § 25-267)

The yard requirements in the SC-1 district shall be as follows:

(1)

Front yards.

a.

There shall be a 60-foot required front yard on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot required front yard on lots that do not have facilities for parking within the required front yard.

c.

No accessory building shall project beyond the front building line of the principal building on any street.

d.

On double frontage and corner lots, there shall be a required front yard on each street; provided, however, that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

e.

On a corner lot, no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be required side yards of 50 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be required side yards of not less than 30 feet when adjoining a multifamily district (R-T, PUD).

c.

There shall be required side yards of not less than 20 feet when adjoining all other business uses (C-1, C-2, SC-1, O).

(3)

Rear yards.

a.

There shall be a required rear yard of 50 feet when it adjoins a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required rear yard having a depth of not less than 15 feet, except that there shall be a rear yard having a depth of not less than 30 feet when it adjoins a multifamily district (R-T, PUD).

c.

There shall be a required rear yard for each building having a width of not less than 15 feet on lots adjoining other business uses.

(Code 1986, § 25-268)

(a)

Any part of the project area in the SC-1 district not used for buildings or other structures, parking, loading and accessways shall be landscaped with grass, trees, shrubs and pedestrian walks. The landscaped area shall be sufficient to ensure adequate buffering and meet aesthetic and design requirements set forth by the planning commission.

(b)

Within the required side yards, a plating screen of sufficient length to obstruct the view from any residential district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(1)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width when adjoining a multifamily district (R-T, PUD).

(Code 1986, § 25-269)

The following provisions for off-street parking in the SC-1 district are required in order to provide parking spaces off all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the SC-1 development, thus to promote and protect the public health, safety and the general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Retail trade (outside of a shopping center);

b.

Government offices;

c.

Real estate offices;

d.

General office;

e.

Professional services, such as, but not limited to, architectural, accounting, legal and engineering services; and

f.

Medical services: Doctor's offices, dentist's offices.

g.

Adult arcade, adult bookstore, adult novelty store, adult video store, escort agency.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Personal and professional services: repair shops, tailor shops, photographic studio, dry cleaners, laundries;

b.

Insurance offices;

c.

Security brokers;

d.

Art galleries; and

e.

Business services.

f.

Nude modeling studio.

(3)

Other uses:

a.

Personal services:

1.

Beauty parlors/barber shop: At least three off-street parking spaces shall be provided for each operator chair.

2.

Child care facilities: At least one off-street parking space shall be provided per employee on the largest shift of employment, plus one parking space for every six students.

3.

Hospitals: At least 2.5 parking spaces shall be provided per bed.

b.

Public uses:

1.

Post office: At least one off-street parking space shall be provided per employee for every 400 square feet of gross floor area, plus one parking space for every employee on the shift of largest employment.

2.

Schools:

i.

Elementary schools (K through eight): At least 1.5 off-street parking spaces shall be provided per staff member. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

ii.

High schools (grade nine through 12): At least one off-street parking space shall be provided for each employee, plus 0.6 parking spaces per maximum capacity of 11th and 12th grade students. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

iii.

College or university: At least eight off-street parking spaces shall be provided for each classroom.

3.

Public utilities: At least one off-street parking space per employee, plus one parking space for every public vehicle.

c.

Restaurants, adult cabaret, sexual encounter center: At least one off-street parking space shall be provided for every two seats, plus one parking space per every two employees on the shift of greatest employment, plus ten queuing spaces for each drive-in aisle.

d.

Banks/savings and loans associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

e.

Cultural activities:

1.

Museums: At least one off-street parking space shall be provided for every 1,000 square feet of gross floor area.

2.

Libraries: At least one off-street parking space shall be provided for every 300 square feet of gross floor area, plus one parking space for each two employees on the shift of greatest employment.

f.

Community assembly:

1.

Places of worship:

i.

At least one parking space shall be provided for every five seats in the main auditorium for every new place of worship.

ii.

At least one parking space shall be provided for each five seats in a new main auditorium constructed by an existing place of worship.

iii.

At least one parking space shall be provided for each five additional seats added to an existing main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship but only when there is written agreement between the place of worship and the owner of such property outlining the use arrangements which are approved by the board of zoning appeals.

2.

Community centers: At least one parking space shall be provided for every 250 square feet of gross floor area.

3.

Theater: At least one space for each three seats, plus one space for each two employees.

g.

Planned shopping center: At least one parking space shall be provided for every 200 square feet of gross floor area. The Planning Commission may approve modifications to the parking requirements in order to accommodate a particular mix of uses.

h.

Recreational facilities:

1.

Park: Parking space equivalent to at least one percent of the total land area.

2.

Amusement places: At least one parking space shall be provided for every 200 square feet of gross floor area.

(4)

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Loading requirements: Business uses involving the sale of merchandise or food shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. One additional loading space shall be provided for each additional 20,000 square feet or fraction thereof.

(6)

General requirements:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted within 35 feet of any single-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily districts (R-T, PUD).

(7)

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces (1:20). No more than 20 spaces shall be required for any project.

(8)

Adult motion picture theater, adult theater: One space for every three seats in the building plus one for every two employees on the largest shift.

(Code 1986, § 25-270; Ord. No. 1999-3, § 4, 6-28-99; Ord. No. 2006-8 1-22-07; Ord. No. 2024-16, (Att.), 10-18-24)

The streets, parking areas and walks shall be paved with hard-surfaced material meeting applicable standards of the city.

(Code 1986, § 25-271)

No structure shall exceed 35 feet in height in the SC-1 district, as measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height plus ten feet from the nearest property line.

(Code 1986, § 25-272)

Any building in the SC-1 district used primarily for any of the above-enumerated purposes may not have more than 25 percent of the floor area devoted to storage. No temporary or moveable structures shall be used for storage purposes.

(Code 1986, § 25-273)

Outside display and/or storage of merchandise will be permitted in the SC-1 district, provided that the display and/or storage is confined to the portion of the property behind the front line of the building.

(Code 1986, § 25-274)

Within the SC-1 shopping center district, wireless transmission facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Ord. No. 1996-10, 7-22-1996)

Within in the SC-1 shopping center district assisted-care living facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Ord. No. 1996-12, 9-23-1996)

The regulations set forth in this division shall apply to the district designation of O office district. The purpose of the O office district is to provide areas for offices and similar uses only.

(Code 1986, § 25-291)

Within the districts designated as O office districts, the following activities are permitted:

(1)

Financial, insurance and real estate services such as, but not limited to, banks, credit companies and insurance and real estate offices;

(2)

Business services such as, but not limited to, advertising firms, rentals and leasing services, and mailing services;

(3)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services;

(4)

Public uses such as, but not limited to, governmental offices, public facilities, post offices and schools;

(5)

Charitable institutions;

(6)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(7)

Medical services such as, but not limited to, doctors' offices and dentists' offices;

(8)

Public utilities such as, but not limited to, water, gas and electric lines and stations;

(9)

General offices;

(10)

Wireless transmission facilities;

(11)

Assisted-care living facilities; and

(12)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna; and

(13)

Medical office/services.

(Code 1986, § 25-292; Ord. No. 1996-12, 9-23-1996; Ord. No. 2014-11, § 2, 10-13-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any applicant for O rezoning shall submit a concept plan.

(b)

The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Include a vicinity map which shows the relation of the proposed development to the city.

(4)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(c)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to O all property included on the concept plan not already zoned O. Following planning commission approval of the concept plan, notices and publications of public hearing shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3. Upon completion of the required public hearing, the board shall approve or disapprove the rezoning.

(d)

The Director or their designee shall have the authority to approve minor modifications to approved final plans that do not alter or conflict with the Planning Commission's approval of the development. If the Director determines an application is ineligible for administrative review, the application may make a submittal for the next Planning Commission meeting. If the Director does not approve the application, the applicant shall be advised of his or her right to appeal to the Planning Commission.

(Code 1986, § 25-293; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

After approval of the concept plan and the establishment of the O district, but prior to the issuance of any building permit or construction contract for development of an existing O district, the applicant shall file with the planning commission a final site plan application with all the required documents and fees per the current checklist and have approved by the planning commission a final site plan covering the entire tract or that portion to be developed.

(b)

The final site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The total square footage to be used as office space.

f.

The total square footage of the parking areas provided.

g.

The zoning of adjacent tracts.

h.

The names of the owners of all adjoining lots or tracts.

i.

A vicinity map which shows the location of the proposed development within the city.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(5)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(c)

The applicant may, if desired, submit only one final site plan for the purpose of both securing zoning and approval of the development plan, if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(Code 1986, § 25-294; Ord. No. 2023-20, (Att.), 11-13-23)

The aggregate of all buildings in the O district shall not exceed 25 percent of the entire lot area of the project.

(Code 1986, § 25-295)

The yard requirements in the O district shall be as follows:

(1)

Front yard.

a.

There shall be a 60-foot building setback on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot building setback on lots that do not have facilities for parking within the required front yard.

c.

No accessory building shall project beyond the front line of the building on any street.

d.

On double frontage and corner lots, there shall be a front yard on each street; provided, however, that the buildable width of a corner lot of record need not be reduced to less than 30 feet.

e.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be a required side yard of 50 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-2, R-3).

b.

There shall be a required side yard of not less than 30 feet on each side of the lot adjoining a multifamily district (R-T, PUD).

c.

There shall be a required side yard of not less than 20 feet on each side of the lot when adjoining all other business uses (C-1, C-2, SC-1, O).

(3)

Rear yards.

a.

There shall be a required rear yard of 50 feet when it adjoins a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required rear yard having a depth of not less than 15 feet, except that there shall be a rear yard having a depth of not less than 30 feet when it adjoins a multifamily district (R-T, PUD).

c.

There shall be a required rear yard for each building having a width of not less than 15 feet on lots adjoining other business uses.

(Code 1986, § 25-296)

(a)

Any part of the project area in the O district not used for buildings or other structures, parking, loading and accessways shall be landscaped with grass, trees, shrubs and pedestrian walks. The landscaped area shall be sufficient to ensure adequate buffering and meet aesthetic and design requirements as set forth by the planning commission.

(b)

Within the required side yards, a planting screen of sufficient length to obstruct the view from any residential district (R-E, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(1)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width adjoining a multifamily district (R-T, PUD).

(Code 1986, § 25-297)

No structure in the O district shall exceed 35 feet in height, as measured from the average of the finished ground elevations at the front line of the building. This limitation shall not apply to belfries, chimneys, church spires, flagpoles, radio and television antennas or aerials, and water tanks; provided, however, that they comply with the provisions of all pertinent codes and ordinances, and provided further, that they are located a distance equal to their own height plus ten feet from the nearest property line.

(Code 1986, § 25-298)

The following provisions for off-street parking are required in the O district in order to provide parking spaces off all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the O development, thus to promote and protect the public health, safety and general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Real estate offices;

b.

General office;

c.

Medical services: Doctor's offices, dentist's offices; and

d.

Professional services, such as, but not limited to, architectural, accounting, legal and engineering services.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Insurance offices;

b.

Security brokers;

c.

Art galleries; and

d.

Business services.

(3)

Other uses:

a.

Public uses:

1.

Post office: At least one off-street parking space shall be provided per employee for every 400 square feet of gross floor area, plus one parking space for every employee on the shift of largest employment.

2.

Schools:

i.

Elementary schools (K through eight): At least 1.5 off-street parking spaces shall be provided per staff member. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

ii.

High schools (grade nine through 12): At least one off-street parking space shall be provided for each employee, plus 0.6 parking spaces per maximum capacity of 11th and 12th grade students. For computation purposes, any fractional amount over one will be rounded to the next larger whole number.

iii.

College or university: At least eight off-street parking spaces shall be provided for each classroom.

3.

Public utilities: Al least one off-street parking space per employee, plus one parking space for every public vehicle.

b.

Banks/savings and loans associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

c.

Cultural activities:

1.

Museums: At least one off-street parking space shall be provided for every 1,000 square feet of gross floor area.

2.

Libraries: At least one off-street parking space shall be provided for every 300 square feet of gross floor area, plus one parking space for each two employees on the shift of greatest employment.

d.

Community assembly:

1.

Public or private facilities designed for audiences: At least one off-street parking space shall be provided for every three seats in the building.

2.

Places of worship: At least one parking space shall be provided for every five seats located in the main auditorium.

The board of zoning appeals shall have the right to permit land within 800 feet of the nearest place of worship property line to be used for the parking spaces required in connection with such place of worship, but only when there is written agreement between the place of worship and the owner of such property outlining the use arrangements which are approved by the board of zoning appeals.

e.

Outpatient surgical facility: At least four off-street parking spaces shall be provided for each room routinely used for surgical procedures, plus one parking space for each staff member.

(4)

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Loading requirements: Business uses involving the sale of merchandise or food shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. One additional loading space shall be provided for each additional 20,000 square feet or fraction thereof.

(6)

General:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted within 35 feet of any single-family district (R-E, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily districts (R-T, PUD).

d.

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces (1:20). No more than 20 spaces shall be required for any project.

(Code 1986, § 25-299; Ord. No. 2004-8, 8-23-04; Ord. No. 2024-16, (Att.), 10-18-24)

Any building in the O district used primarily for any of the purposes in this division many not have more than 25 percent of the floor area devoted to storage. No temporary or moveable structures shall be used for storage purposes.

(Code 1986, § 25-300)

No outside display and/or storage of merchandise shall be permitted in the O district.

(Code 1986, § 25-301)

Within the O office district, assisted-care living facilities shall be permitted, provided that the other requirements set forth in this division and article II, division 4 of this chapter are met.

(Code 1986, § 25-302)

The regulations set forth in this division shall apply to the district designation of the O-51 office district. The purpose of the O-51 office district is to provide areas for offices and similar uses, containing a maximum of three floors of habitable space, only.

(Ord. No. 1998-10, 8-24-1998)

Within the districts designated as O-51 office districts, the following activities are permitted:

(1)

Financial, insurance and real estate services such as, but not limited to, banks, credit companies and insurance and real estate offices.

(2)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services.

(3)

Medical services such as, but not limited to, doctors' offices and dentists' offices.

(4)

General offices.

(5)

Wireless transmission facilities.

(6)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna.

(7)

Health care facility.

(8)

Medical office/services.

(Ord. No. 1998-10, 8-24-1998; Ord. No. 2014-11, § 2, 10-13-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any applicant for O-51 rezoning shall submit a concept plan.

(b)

The concept plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

General landscaped areas and planting screens.

c.

Curb cuts and drives.

d.

Building setback lines.

(3)

Include a vicinity map which shows the relation of the proposed development to the city.

(4)

Show the relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(c)

Approval of the concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to O-51 all property included on the concept plan not already zoned O-51. Following planning commission approval of the concept plan, notices and publication of public hearings shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3. Upon completion of the required public hearing, the board shall approve or disapprove the zoning.

(Ord. No. 1998-10, 8-24-1998; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the concept plan and the establishment of the O-51 zoning district, but prior to the issuance of any building permit or construction contract for development of an existing O-51 district, the applicant shall file with the planning commission a final site plan application with all the required documents and fees per the current checklist and have approved by the planning commission a final site plan covering the entire tract or that portion to be developed.

(b)

The final site plan shall:

(1)

Be drawn to a scale of one inch equals 100 feet.

(2)

Include the following:

a.

Existing and proposed roads and drainage.

b.

Landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The total square footage to be used as office space.

f.

The total square footage of the parking areas provided.

g.

The zoning of adjacent tracts.

h.

The names of the owners of all adjoining lots or tracts.

i.

A vicinity map which shows the location of the proposed development within the city.

(3)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(4)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(5)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(c)

The applicant may, if desired, submit only one final site plan for the purpose of both securing approval of the development plan, if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(d)

The Director or their designee shall have the authority to approve minor modifications to approved final plans that do not alter or conflict with the Planning Commission's approval of the development. If the Director determines an application is ineligible for administrative review, the application may make a submittal for the next Planning Commission meeting. If the Director does not approve the application, the applicant shall be advised of his or her right to appeal to the Planning Commission.

(Ord. No. 1998-10, 8-24-1998; Ord. No. 2023-20, (Att.), 11-13-23; Ord. No. 2024-16, (Att.), 10-18-24)

The aggregate of all buildings in the O-51 district shall not exceed 25 percent of the entire lot area of the project.

(Ord. No. 1998-10, 8-24-1998)

The yard requirements in the O-51 district shall be as follows:

(1)

Front yard.

a.

There shall be a 60-foot building setback for buildings with a maximum building height of 35 feet on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot building setback for buildings with a maximum building height of 35 feet on lots that do not have facilities for parking within the required front yard.

c.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all zoning districts.

d.

No accessory building shall project beyond the front line of the building on any street.

e.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be a required side yard of 50 feet for buildings with a maximum building height of 35 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required side yard of not less than 30 feet for buildings with a maximum building height of 35 feet on each side of the lot adjoining a multifamily district (R-T, PUD).

c.

There shall be a required side yard of not less than 20 feet for buildings with a maximum building height of 35 feet on each side of the lot when adjoining all other business uses (C-1, C-2, SC-1, O).

d.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all agricultural and all residential districts, including planned unit developments.

(3)

Rear yards.

a.

There shall be a required rear yard of 50 feet for buildings with a maximum building height of 35 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required rear yard having a depth of not less than 15 feet for buildings with a maximum building height of 35 feet, except that there shall be a rear yard having a depth of not less than 30 feet when it adjoins a multifamily district (R-T, PUD).

c.

There shall be a required rear yard for buildings with a maximum building height of 35 feet having a width of not less than 15 feet on lots adjoining other business uses.

d.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all agricultural and all residential districts, including planned unit developments.

(Ord. No. 1998-10, 8-24-1998)

(a)

Any part of the project area not used for buildings or other structures, parking, loading and accessways in the O-51 district shall be landscaped with grass, trees, shrubs and pedestrian walks. The landscaped area shall be sufficient to ensure adequate buffering and meet aesthetic and design requirements as set forth by the design review commission.

(b)

Within the required side yards, a planting screen of sufficient length to obstruct the view from any residential district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(1)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width adjoining a multifamily district (R-T, PUD).

(Ord. No. 1998-10, 8-24-1998)

No structure in the O-51 district, including a penthouse, bulkhouse, or any other similar protection above the roof, shall exceed 51 feet in height, as measured from the average of the finished ground elevations of the building. This limitation shall not apply to flagpoles, provided that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height, plus ten feet from the nearest property line.

(Ord. No. 1998-10, 8-24-98)

The following provisions for off-street parking are required in the O-51 district in order to provide parking spaces of all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the O development, thus to promote and protect the public health, safety and general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Real estate offices;

b.

General office;

c.

Medical services: doctors' offices, dentists' offices; and

d.

Professional services such as, but not limited to, architectural, accounting, legal and engineering services.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Insurance offices; and

b.

Security brokers.

(3)

Banks/savings and loan associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

(4)

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Loading requirements: Business uses involving the sale of merchandise or food shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. One additional loading space shall be provided for each additional 20,000 square feet or fraction thereof.

(6)

General:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted with 35 feet of any single-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily district (R-T, PUD).

d.

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces (1:20). No more than 20 spaces shall be required for any project.

(7)

Outpatient surgical facility: At least four off-street parking spaces shall be provided for each room routinely used for surgical procedures, plus one parking space for each staff member.

(Ord. No. 1998-10, 8-24-98; Ord. No. 2004-8, 8-23-04; Ord. No. 2024-16, (Att.), 10-18-24)

Any building in the O-51 district used primarily for any of the purposes in this division may not have more than 25 percent of the floor area devoted to storage. No temporary or moveable structures shall be used for storage purposes.

(Ord. No. 1998-10, 8-24-98)

No outside display and/or storage of merchandise shall be permitted in the O-51 district.

(Ord. No. 1998-10, 8-24-98)

(a)

The Old Germantown district is unique through its development as the original village center for the city, and is an object of special and substantial public interest due to its richness in tradition, charm and character, imparting a distinctly quaint aspect to an otherwise new city, as well as serving as a visible reminder of the cultural and historic development of the city. It is deemed essential to the public welfare that these qualities relating to the Old Germantown district be preserved and protected from destructive changes in use, and the growth pressures evident within the area and throughout the community it serves, which threaten its existence as a unique, cohesive and definable whole.

(b)

It is the intent of this division to preserve and enhance the best elements of the traditional village center and its character by site design, landscaping and architectural review; to protect against the destruction of, or undesirable encroachment on, the district; to encourage uses which will lead to its continuance, conservation and improvement in a manner appropriate to the preservation of this unique area of the community; to prevent creation of environmental influences adverse to these purposes; and to ensure that new structures and uses within the OG district will be developed in keeping with the overall character of the district which is sought to be encouraged and enhanced.

(Code 1986, § 25-316; Ord. No. 2008-1, 2-25-08)

Within the OG Old Germantown district, the following uses will be permitted; provided, however, that any change in use shall have no negative impact upon surrounding properties or upon the character of the district:

(1)

Single-family detached dwellings; two-family dwellings;

(2)

Cemeteries; philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; other municipal, county, state or federal uses; public utilities; group day care homes; golf courses; private and country clubs;

(3)

Financial, insurance and real estate services such as, but not limited to, banks, credit companies, and insurance and real estate offices;

(4)

Personal services such as, but not limited to, tailor shops, beauty parlors and barber shops, photographic studios and child care facilities;

(5)

Business services such as, but not limited to, advertising firms, rental and leasing services and mailing services;

(6)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services;

(7)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(8)

Medical services such as, but not limited to, doctors' offices, dentists' offices and clinics;

(9)

Public utilities such as, but not limited to, water, gas, and electric lines and stations;

(10)

General offices;

(11)

Generally recognized retail trade establishments which supply convenience goods and services on the premises for persons residing in adjacent residential areas such as, but not limited to, groceries, meats, dairy products, baked goods or other convenience goods, drugs, dry goods, clothing and notions or hardware and home furnishings sales establishments;

(12)

Restaurants which provide for the consumption of food on the premises; i.e., establishments whose primary function is to provide consumption within the building and/or take out services. No drive-in restaurants will be allowed; and

(13)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, satellite dish receiving antenna.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-317; Ord. No. 2008-1, 2-25-08; Ord. No. 2016-08, 8-8-16; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

All applications for building or occupancy permits for the purpose of construction, exterior alteration of buildings, structures or accessory structures, with the exception of single-family-detached and two-family dwellings and demolition of buildings within the Old Germantown district shall include a development plan and supporting text in conformance with the requirements of this division. Applications shall be submitted for review and approval by the design review commission prior to the issuance of any such permits.

(b)

The development plan must demonstrate to the design review commission the character and objectives of the proposed development in adequate detail for evaluation of the effect the proposed development would have upon the district. The plan must provide specific information to aid in the determination of what provisions, if any, should be included as part of the plan, and be binding on the use and development of the subject property. If, upon review, it is determined that additional information is necessary to completely evaluate the proposal, the design review commission may, at its discretion, postpone further discussion of the proposed development until such time as the additional information may be submitted by the applicant.

(c)

Plans subject to approval by both the planning commission and the design review commission shall ordinarily be review first by the planning commission.

(Code 1986, § 25-318; Ord. No. 2008-1, 2-25-08)

(a)

All applications for building or occupancy permits for the purpose of construction, exterior alteration of buildings, structures or accessory structures, with the exception of single-family-detached and two-family dwellings and demolition of buildings within the Old Germantown district, shall be referred to the design review commission for review and approval. The requested building or occupancy permit will be denied if the development plan does not provide adequate parking for the proposed use consistent with parking requirements for similar uses in other zoning districts as described in this chapter; front, side or rear yard spaces; traffic circulation; sufficient landscaping; or other improvements necessary for the use proposed.

(b)

No building or occupancy permits within the Old Germantown district shall be issued without approvals as required by this division. Approval may be granted for the development plan as submitted or conditionally, subject to stated modifications, or may be denied, with written reasons for the denial supplied to the applicant.

(c)

The filing of an application within the Old Germantown district shall constitute an agreement by the owner and applicant, their heirs, successors and assigns, that if the requested action is approved, permits for the improvement and/or use of such property shall be issued only when in conformance with the binding elements of the development plan submitted to and approved for the property in accordance with the requirements of this division. Such development shall be strictly complied with and shall be enforceable in the same manner as all other requirements of this chapter.

(d)

All applications for permit approval within the Old Germantown district shall be submitted to the design review commission or the development director per section 2-176. The applications shall be submitted in conformance with this division and in the manner outlined by section 2-172.

(e)

The Director or their designee shall have the authority to approve minor modifications to approved final plans that do not alter or conflict with the Design Review Commission's approval of the development. If the Director determines an application is ineligible for administrative review, the application may make a submittal for the next Design Review Commission meeting. If the Director does not approve the application, the applicant shall be advised of his or her right to appeal to the Design Review Commission.

(Code 1986, § 25-319; Ord. No. 2008-1, 2-25-08; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any application submitted to the design review commission for approval of an activity to be carried on within the Old Germantown district must include all the required documents and fees listed on the current checklist for review. The burden of the preparation of a complete submittal lies with the applicant and shall not be the responsibility of the staff or commission.

(b)

The development plan shall include, but not be limited to, the following:

(1)

Vicinity map showing the project location in relation to the general area with measurements to existing streets.

(2)

Boundary description including total area, bearings and dimensions of all property lines and all building lines.

(3)

Lot size and location; height, floor area and arrangement of all proposed and existing buildings.

(4)

Detailed building plans and graphic elevations for all faces of all structures, both existing and proposed. Exterior materials to be used shall be noted in terms of type, location, texture and color, with samples of each to be provided with the detailed plans.

(5)

Provisions for screening and buffering, landscaping, recreational and open spaces. Location, numbers, size and kind of planting material proposed. Specific note should be made of any existing trees or other significant landscaping that is proposed to be removed and existing trees or landscaping that will be retained on the site.

(6)

Proposed use of existing and proposed structures on the subject property; or, at the design review commission's discretion, categories of uses proposed for the subject property.

(7)

Identification of streams, floodplains and other natural features.

(8)

The location, arrangement and dimensions of existing and proposed streets and driveways, adjacent streets, sidewalks, parking areas (including the number of off-street parking spaces), points of ingress and egress, off-street loading areas, and vehicular, bicycle or pedestrian rights-of-way.

(9)

Existing and proposed topography and provisions for handling surface water drainage unless specifically waived by the city engineer. Proposed contours with a contour interval corresponding to that utilized for existing contours will be required, as well as any necessary spot elevations required by the city engineering department. Proposed contours with an interval of less than two feet may be required by the city engineering department for all or part of the subject property as topographic conditions warrant.

(10)

Provisions for handling utilities such as proposals for gas, water, electricity, telephone service, sewage lines, fire hydrants and similar information, with the location and dimensions of other existing and/or proposed easements. All utilities will be underground where possible.

(11)

The names of the owners of all contiguous tracts and the zoning of those tracts.

(12)

All proposed signs, their number, individual locations, sizes, colors and materials.

(13)

All exterior lighting for the project, including the location of each light, its size, height, type of fixture, intensity and color of illumination.

(14)

All garbage collection areas, their location and method of screening from public view.

(15)

Proposed stages of development, if applicable, and the anticipated time required to develop each stage.

(16)

Any other information the design review commission may deem appropriate.

(Code 1986, § 25-320; Ord. No. 2008-1, 2-25-08; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

The design review commission shall not consider interior arrangements or interior structure in the OG district.

(b)

The review criteria of the design review commission, together with the various height, bulk, yard, access, parking and other minimum standards established in this chapter for the review of commercial projects, as well as for the review of residential projects, shall be utilized as review guidelines for projects within the Old Germantown district. The review guideline for lot coverage (including buildings, paved areas, sidewalks and other impervious surfaces) shall be limited to 45 percent of the total site area, subject to the provisions of subsection (c) of this section.

(c)

Recognizing the unique nature of the land and buildings within the Old Germantown district, these review guidelines for commercial and residential plan review shall only be utilized by the design review commission as guidelines. Where the proposed development plan contains deviations from these review guidelines, the applicant shall have the burden showing that the exterior design, landscaping, lot coverage, parking and use as shown on the proposed development plan shall have no negative impact upon surrounding properties or upon the character of the district, and the applicant must be capable of justifying to the satisfaction of the design review commission the reasoning behind such deviations. The design review commission shall take into particular consideration the location of the proposed structure on the property as it relates to surrounding structures and properties. The design review commission may, at its discretion, require the preparation and submission, at the applicant's expense, such planning, engineering or architectural studies, reports and plans as the design review commission feels is necessary to support the applicant's position and may require that any deviations from the review guidelines be ameliorated by other criteria such as more extensive landscaping, buffer areas, increased setbacks, screens or restrictive covenants.

(d)

The requirements of chapter 14 of this Code, as it pertains to signs within the Old Germantown district, shall govern all existing and proposed signs unless specifically waived by the design review commission.

(Code 1986, § 25-321)

(a)

Where demolition or removal of an existing structure in the Old Germantown district is proposed, the applicant shall:

(1)

Submit a written justification for demolition or removal of the structure; and

(2)

A development plan detailing the proposed redevelopment of the property.

(b)

If the design review commission determines that the proposed demolition or removal is not in the best interest of the city or district, the design review commission shall transmit to the board of mayor and aldermen a written recommendation that the city acquire a specified appropriate protective interest in the property, or promote such acquisition by other private civic groups, interested citizens or public boards. If the board of mayor and aldermen votes against such recommendation, or if within 90 days after transmission of such a recommendation no action has been initiated to acquire such protective interest, a notice to the applicant to proceed shall be issued.

(Code 1986, § 25-322; Ord. No. 2008-1, 2-25-08)

If an application or appeal for the OG district is disapproved by the design review commission under the provisions of this division, the applicant may then appeal to the board of mayor and aldermen to review this decision of the design review commission at a regular meeting of the board not more than 30 days after the appeal. The board of mayor and aldermen, at the hearing, shall listen to all parties who desire to be heard and after the hearing shall approve or disapprove the application. Upon board approval of the appeal, the Director may issue the building, occupancy and/or demolition permit forthwith, provided that the applicant has complied with all other codes, ordinances, regulations and procedures regarding such permits. The action of the board of mayor and aldermen in regard to the application, together with the report of the design review commission, shall be entered in the official minutes of the board of mayor and aldermen meeting.

(Code 1986, § 25-323; Ord. No. 2024-16, (Att.), 10-18-24)

After review and approval of any application, excluding sign requests, within the Old Germantown district by the design review commission the owner and/or developer must execute a project and development contract with the city suitable to the board of mayor and aldermen before any permit can be issued. This contract will ensure the completion of all improvements, both public and private, as embodied in the development plan approved by the design review commission.

(Code 1986, § 25-324; Ord. No. 2008-1, 2-25-08)

(a)

It is the intent of this section to permit legal nonconforming uses and structures, which are not permitted within the Old Germantown district, but which were permitted or considered legal uses and structures prior to April 23, 1984. Such uses shall be subject to those regulations contained in article IV of this chapter.

(b)

Notwithstanding subsection (a) of this section, if any structure existing within the district presently designated OG is damaged or totally destroyed by fire, wind, storm or any other calamity, the owner shall have the right to reconstruct the structure if such construction is commenced within a one-year period after such calamity, in the same location; provided, however, that the exterior conforms to the exterior of the building so partially or totally destroyed in all material respects, and provided further that the structure complies with all applicable building and safety codes. If reconstruction is not commenced within the one-year period, then the owner does not have the right to rebuild the same, unless the board of mayor and aldermen, by majority vote, within the one-year period further extends the time for commencing construction upon good cause being shown.

(Code 1986, § 25-325)

(a)

The purpose of this OG-1 district is to encourage the preservation, rehabilitation, enhancement and adaptive reuse of historic buildings and/or properties. It is deemed essential to the public welfare that historic and architectural qualities be protected from destructive changes in use and the growth pressures evident throughout the community, which threaten its existence as a unique, cohesive and definable whole.

(b)

It is the intent of this division to preserve and enhance the best elements and character of certain properties by site design, landscaping and architectural review; to protect against the destruction thereof, or undesirable encroachment on, the district; to encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of such unique areas of the community; to prevent the creation of environmental influences adverse to these purposes; and to ensure that new structures and uses within the OG-1 district will be developed in keeping with the overall character of the property which is sought to be encouraged and enhanced.

(c)

Integrity of location, design, setting, materials, workmanship, feeling and/or association are important elements to consider in the establishment of an OG-1 Old Germantown district. Additional factors for consideration include:

(1)

Association with events that have made a significant contribution to the city's history or association with the lives of persons significant in our past.

(2)

Embody many of the distinctive characteristics of a type, period, or method of construction.

(3)

Representation of the work of a master or possession of high artistic values.

(4)

Representation of a significant or distinguishable entity whose components may lack individual distinction.

(5)

Information important in prehistory or history of the city.

(d)

It is further the intent and purpose of the regulations contained in this division that properties shall not be considered for this district until such properties have applied through the appropriate channels for listing on the National Register of Historic Places and been accepted for such listing. The owner shall not do anything to the property or building that will cause the National Register designation to be removed from the property or building.

(e)

It is further the purpose and intent of these OG-1 district regulations to require that property development under this district provide:

(1)

Adequate and safe access to the proposed development.

(2)

Traffic volumes not exceeding the anticipated capacity of the proposed major street network in the vicinity.

(3)

No undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the proposed development.

(4)

A development which will be compatible with the purposes of this division.

(5)

No detrimental impact on surrounding area including, but not limited to, lights, noise, smell and visual pollution.

(f)

The burden of proof that the criteria of subsection (e), of this section are not being violated shall rest with the developer and not with the staff or the planning commission.

(Code 1986, § 25-326; Ord. No. 2008-1, 2-25-08)

Within the Old Germantown (OG-1) district, the following uses will be permitted; provided, however, that any change in use shall have no negative impact upon surrounding properties or upon the character of the property and/or buildings located within the district.

(1)

Single-family detached dwellings;

(2)

Philanthropic or religious institutions; places of worship; public, private or parochial schools offering general educational courses; other municipal, county, state, or federal uses; public utilities; golf courses; private and country clubs;

(3)

Insurance and real estate services;

(4)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services;

(5)

Cultural activities such as, but not limited to, museums, libraries and art galleries;

(6)

Medical services such as doctors' offices and dentists' offices;

(7)

Public utilities such as, but not limited to, water, gas, and electric lines and stations;

(8)

General offices;

(9)

Country inns and bed and breakfast inns not to exceed 12 rooms, suites, per acre;

(10)

Restaurants which provide for the consumption of food on the premises; i.e., establishments whose primary function is to provide consumption within the building; no drive-in restaurants will be allowed; and

(11)

Accessory uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures. They shall be subject to the same approval process and requirements as applied to permitted principal uses and structures.

No transient dwelling or portion thereof may be occupied by any transient guest(s) for a period of less than 30 continuous days.

(Code 1986, § 25-327; Ord. No. 2008-1, 2-25-08; Ord. No. 2016-08, 8-8-16; Ord. No. 2024-16, (Att.), 10-18-24)

Not more than six months prior to filing any application for the Old Germantown (OG-1) district, the prospective applicant shall request a preapplication conference with the city's department of community development staff. Such request shall include a brief and general narrative description of the nature, location, and extent of the proposed district and plan, and a list of any professional consultants advising the prospective applicant with respect to the proposed district and plan. Upon receipt of such request, the city department of community development staff shall promptly schedule such a conference.

(Code 1986, § 25-328)

(a)

All applications for building or occupancy permits for the purpose of construction, exterior alteration of buildings, structures or accessory structures, with the exception of single-family-detached and two-family dwellings and demolition of buildings within the OG-1 district shall include a development plan and supporting text in conformance with the requirements of this chapter. Applications shall be submitted for review and approval by the design review commission (DRC) and planning commission prior to the issuance of any such permits. All properties proposed for rezoning to the OG-1 district shall include buildings or other elements listed on the National Register of Historic Places. Evidence of such listing shall be submitted with applications for such rezoning.

(b)

The development plan must demonstrate to the design review commission the character and objectives of the proposed development in adequate detail for evaluation of the effect the proposed development would have upon the OG-1 district. The plan must provide specific information to aid in the determination of what provisions, if any, should be included as part of the plan, and be binding on the use and development of the subject property. If, upon review, it is determined that additional information is necessary to completely evaluate the proposal, the design review commission may, at its discretion, postpone further discussion of the proposed development until such time as the additional information may be submitted by the applicant.

(c)

Plans subject to approval both by the planning commission and by the design review commission shall ordinarily be reviewed first by the planning commission.

(Code 1986, § 25-329; Ord. No. 2008-1, 2-25-08)

(a)

All applications for building or occupancy permits for the purpose of construction, exterior alteration of buildings, structures or accessory structures, with the exception of single-family-detached and two-family dwellings, demolition of buildings within the OG-1 district, shall be referred to the design review commission for review and approval. The requested building or occupancy permit will be denied if the development plan does not provide adequate parking for the proposed use consistent with parking requirements for similar uses in other zoning districts as described in this chapter; front, side or rear yard spaces; traffic circulation; sufficient landscaping; or other improvements necessary for the use proposed. The requested building or occupancy permit will be denied if the development plan does not meet the purpose and intent of this chapter.

(b)

No building or occupancy permits within the OG-1 district shall be issued without approvals as required by this chapter. Approval may be granted for the development plan as submitted or conditionally, subject to stated modifications, or may be denied, with written reasons for the denial supplied to the applicant.

(c)

The filing of an application within the OG-1 district shall constitute an agreement by the owner and applicant, their heirs, successors and assigns, that if the requested action is approved, permits for the improvement and/or use of such property shall be issued only when in conformance with the binding elements of the development plan submitted to and approved for such property in accordance with the requirements of this division. Such development shall be strictly complied with and shall be enforceable in the same manner as all other requirements of this chapter.

(d)

All applications for permit approval within the OG-1 district shall be submitted to the design review commission or the development director per section 2-176. The applications shall be submitted in conformance with this division and in the manner outlined in section 2-172.

(e)

The Director or their designee shall have the authority to approve minor modifications to approved final plans that do not alter or conflict with the Design Review Commission's approval of the development. If the Director determines an application is ineligible for administrative review, the application may make a submittal for the next Design Review Commission meeting. If the Director does not approve the application, the applicant shall be advised of his or her right to appeal to the Design Review Commission.

(Code 1986, § 25-330; Ord. No. 2008-1, 2-25-08; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any application submitted to the design review commission for approval of an activity to be carried on within the OG-1 district, must include the items for review found in subsection (b) of this section. The burden of the preparation of a complete submittal lies with the applicant and shall not be the responsibility of the staff or design review commission.

(b)

The development plan shall include, but not be limited to, the following:

(1)

Vicinity map showing the project location in relation to the general area with measurements to existing streets.

(2)

Boundary description including total area, bearings and dimensions of all property lines and all building lines.

(3)

Lot size and location. Height, floor area and arrangement of all proposed and existing buildings.

(4)

Detailed building plans and graphic elevations for all faces of all structures, both existing and proposed. Exterior materials to be used shall be noted in terms of type, location, texture and color, with samples of each to be provided with the detailed plans.

(5)

Provisions for screening and buffering, landscaping, recreational and open spaces, including a minimum building setback of 100 feet from any property zoned R-E-10, R-E, R-E-1, R, R-1, R-2, R-3 and R-T; such setback to include a 50-foot planting screen. Establish a 50-foot building setback and a 25-foot landscape buffer area adjacent to any property that is zoned SC-1, C-1, C-2 and O. Specific note should be made of any existing trees or other significant landscaping that is proposed to be removed and existing trees or landscaping that will be retained on the site. New plant material proposed for a site should be of varieties that are indigenous to the site or area.

(6)

Proposed use of existing and proposed structures on the subject property; or, at the design review commission's discretion, categories of uses proposed for the subject property.

(7)

Identification of streams, floodplains and other natural features.

(8)

The location, arrangement and dimensions of existing and proposed streets and driveways, adjacent streets, sidewalks, parking areas (including the number of off-street parking spaces), points of ingress and egress, off-street loading areas, and vehicular, bicycle or pedestrian rights-of-way.

(9)

Existing and proposed topography and provisions for handling surface water drainage unless specifically waived by the director of community development. Proposed contours with a contour interval corresponding to that utilized for existing contours will be required, as well as any necessary spot elevations required by the department of community development. Proposed contours with an interval of less than two feet may be required by the department of community development for all or part of the subject property as topographic conditions warrant.

(10)

Provisions for handling utilities such as proposals for gas, water, electricity, telephone service, sewage lines, fire hydrants and similar information, with the location and dimensions of other existing and/or proposed easements. All utilities will be underground where possible.

(11)

The names of the owners of all contiguous tracts and the zoning of those tracts.

(12)

All proposed signs, their number, individual locations, sizes, colors and materials.

(13)

All exterior lighting for the project, including the location of each light, its size, height, type of fixture, intensity and color of illumination.

(14)

All garbage collection areas, their location and method of screening from public view.

(15)

Proposed stages of development, if applicable, and the anticipated time required to develop each stage.

(16)

National Register of Historic Places designation and supporting documentation.

(17)

Any other information the design review commission may deem appropriate.

(Code 1986, § 25-330-1; Ord. No. 2008-1, 2-25-08)

(a)

The design review commission shall not consider interior arrangements or interior structure in the OG-1 district.

(b)

The review criteria of the design review commission, together with the various height, bulk, yard, access, parking and other minimum standards established in this chapter for the review of commercial projects, as well as for the review of residential projects, shall be utilized as review guidelines for projects within the OG-1 district. The review guideline for lot coverage, including buildings, paved areas, sidewalks and other impervious surfaces, shall be limited to 25 percent of the total site area, subject to the provisions of subsection (c) of this section.

(c)

Recognizing the unique nature of the land and buildings within the OG-1 district, these review guidelines for commercial and residential plan review shall only be utilized by the design review commission as guidelines. Where the proposed development plan contains deviations from these review guidelines, the applicant shall have the burden of showing that the exterior design, landscaping, lot coverage, parking, and use as shown on the proposed development plan shall have no negative impact upon surrounding properties or upon the character of the district, and the applicant must be capable of justifying, to the satisfaction of the design review commission, the reasoning behind such deviations. The design review commission shall take into particular consideration the location of the proposed structure on the property as it relates to surrounding structures and properties. The design review commission may, at its discretion, require the preparation and submission, at the applicant's expense, of such planning, engineering or architectural studies, reports and plans as the design review commission feels is necessary to support the applicant's position and may require that any deviations from the review guidelines be ameliorated by other criteria such as more extensive landscaping, buffer areas, increased setbacks, screens or restrictive covenants.

(d)

The requirements of chapter 14 of this Code, as it pertains to signs within the Old Germantown district, shall govern all existing and proposed signs unless specifically waived by the design review commission.

(Code 1986, § 25-330-2)

(a)

Where demolition or removal of an existing structure in the OG-1 district is proposed, the applicant shall:

(1)

Submit a written justification for demolition or removal of the structure; and

(2)

A development plan detailing the proposed redevelopment of the property.

(b)

If the design review commission determines that the proposed demolition or removal is not in the best interest of the city or OG-1 district, the design review commission shall transmit to the board of mayor and aldermen a written recommendation that the city acquire a specified appropriate protective interest in the property, or promote such acquisition by other private civic groups, interested citizens or public boards. If the board of mayor and aldermen votes against such recommendation or if, within 90 days after transmission of such a recommendation, no action has been initiated to acquire such protective interest, a notice to the applicant to proceed shall be issued.

(Code 1986, § 25-330-3; Ord. No. 2008-1, 2-25-08)

If any application or appeal in connection with the OG-1 district is disapproved by the design review commission under the provisions of this division, the applicant may then appeal to the board of mayor and aldermen to review the decision of the design review commission at a regular meeting of the board not more than 30 days after such appeal. The board of mayor and aldermen, at such hearing, shall listen to all parties who desire to be heard and after such hearing shall approve or disapprove the application. Upon board approval of the appeal, the Director may issue the building, occupancy and/or demolition permit forthwith, provided that the applicant has complied with all other codes, ordinances, regulations and procedures regarding such permits. The action of the board of mayor and aldermen in regard to the application, together with the report of the design review commission, shall be entered in the official minutes of the board of mayor and aldermen meeting.

(Code 1986, § 25-330-4; Ord. No. 2024-16, (Att.), 10-18-24)

After review and approval of any application, excluding sign requests, within the OG-1 district by the design review commission, the owner and/or developer must execute a project development contract with the city suitable to the board of mayor and aldermen before any permit can be issued. This contract will ensure the completion of all improvements, both public and private, as embodied in the development plan approved by the design review commission.

(Code 1986, § 25-330-5; Ord. No. 2008-1, 2-25-08)

(a)

It is the intent of this section to permit legal nonconforming uses and structures, which are not permitted within the OG-1 district, but which were permitted or considered legal uses and structures prior to the passage of this division. Such uses shall be subject to those regulations contained in article IV of this chapter.

(b)

Notwithstanding subsection (a) of this section, if any structure existing within the OG-1 district is damaged or totally destroyed by fire, wind, storm or any other calamity, the owner shall have the right to reconstruct such structure if such construction is commenced within a one-year period after such calamity, in the same location, provided that the exterior conforms to the exterior of the building so partially or totally destroyed in all material respects, and provided further that the structure complies with all applicable building and safety codes. If reconstruction is not commenced within the one-year period, then the owner does not have the right to rebuild the same, unless the board of mayor and aldermen, by majority vote, within the one-year period further extends the time for commencing construction upon good cause being shown.

(Code 1986, § 25-330-6)

(a)

The primary thrust of development in the city has taken place under requirements of uniform regulations within each zoning district that may on occasion prevent or discourage innovative site design and development that will respond to new market demands. The use of improved techniques for land development is often difficult under traditional zoning regulations designed to control single buildings on individual lots. Proper private development requires a flexible approach to be available both to the city and to the landowner. Deviations from the uniformity characteristic of such earlier zoning regulations and the use of new and innovative techniques are henceforth to be encouraged as a matter of policy. However, it should be noted that the planned development regulations are not intended to allow increased densities or the development of incompatible land uses. The standards contained in the following provisions must be strictly adhered to by the applicant.

(b)

The city may, upon proper application, approve a planned development for a site of at least one acre to facilitate the use of flexible techniques of land development and site design, by providing relief from zone requirements designed for conventional developments in order to obtain one or more of the following objectives:

(1)

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

(2)

Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

(3)

Functional and beneficial uses of open space areas.

(4)

Preservation of natural features of a development site.

(5)

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

(6)

Rational and economic development in relation to public services.

(7)

Efficient and effective traffic circulation, both within and adjacent to the development site.

(Code 1986, § 25-331; Ord. No. 2009-11, 4-13-09)

(a)

Planned development districts. Planned development districts shall be permitted in all districts except the R-E-10 residential estate district, the R-E residential estate district and R-E-1 residential estate district, and the AG agricultural district. No PUD shall be permitted in any district for a use which is not permitted within the existing zoning classification of that particular lot, tract or parcel of land at the time of the filing of an application for planned development approval.

(b)

Modification of district regulations. Planned developments may be constructed in any zoning district as outlined in subsection (a) of this section, subject to the standards and procedures set forth as follows:

(1)

Except as modified by the approved outline plan, a planned development shall be governed by the regulations of the district or districts in which the planned development is located.

(2)

The approval of the outline plan for the planned development may provide for such exceptions from the district regulations governing area, bulk, parking and such subdivision regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such exceptions are consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; and further provided that no modification of the district requirements or subdivision regulations may be allowed when such proposed modification would result in:

a.

Inadequate or unsafe access to the planned development.

b.

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

c.

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.

d.

A development which will be incompatible with the purposes of this division.

e.

Detrimental impact on surrounding area including, but not limited to, visual pollution.

The burden of proof that the criteria of subsection (b) of this section are not being violated shall rest with the developer and not the staff or the planning commission. Such exceptions shall supersede the regulations of the zoning district in which the planned development is located.

(Code 1986, § 25-332; Ord. No. 2004-14, § 2, 11-8-04; Ord. No. 2009-11, 4-13-09)

Upon recommendation of the planning commission, the board of mayor and aldermen may approve or disapprove modifications to the applicable zoning district regulations and subdivision regulations. Any such recommendation should include a finding by the planning commission that the proposed PUD development is consistent or inconsistent with the following standards and criteria:

(1)

The proposed development will not unduly injure or damage the use, value and enjoyment of surrounding property nor unduly hinder or prevent the development of surrounding property in accordance with the current development policies and plans of the city.

(2)

An approved water supply, community wastewater treatment and disposal, and stormwater drainage facilities that are adequate to serve the proposed development have been or shall be provided.

(3)

The location and arrangement of the structures, parking areas, walks, lighting and other service facilities shall be compatible with the surrounding land uses, and any part of the proposed development not used for structures, parking and loading areas or accessways shall be landscaped or otherwise improved, except where natural features are such as to justify preservation.

(4)

Any modification of the zoning or other regulations that would otherwise be applicable to the proposed development and warranted by the design of the outline plan may be permitted. However, such modifications shall not be inconsistent with the public interest.

(5)

Homeowner's associations or some other responsible party shall be required to maintain any and all common open space and/or common element of the proposed development.

(Code 1986, § 25-333)

In addition to the standards and criteria set forth in section 23-568, planned residential developments shall comply with the standards and criteria set forth in this section:

(1)

Design and preservation of common open space. Common open space may be provided as a condition to the approval of a planned residential development. No open area may be delineated or accepted as common open space under the provisions of this section unless it meets the following standards:

a.

Common open space must be usable for recreational purposes or must provide visual, aesthetic and environmental amenities. The uses authorized for the common open space must be appropriate to the scale and character of the planned residential development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

b.

Common open space must be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be located in the common open space must be appropriate to the uses which are authorized therefor, and must conserve and enhance the amenities of the common open space having regard to its topography and the intended function of the common open space. Parking lots shall not be considered open space.

c.

The development phasing sequence which is part of the outline plan must coordinate the improvement of the common open space; the construction of the building, structures and improvements in the common open space; and the construction of public improvements and the construction of residential dwellings in a planned residential development, but in no event shall occupancy permits for any phase of the final development plan be issued unless and until the open space which is part of that phase has been dedicated or conveyed and improved.

d.

No common open space of a planned residential development shall be conveyed or dedicated by the developer or any other person to any public body, homeowners' association or other responsible party unless the planning commission has determined that the character and quality of the tract to be conveyed makes it suitable for the purpose for which it is intended. The planning commission may give consideration to the size and character of the dwellings to be constructed within the planned residential development, the topography and existing trees, the ground cover, and other natural features, the manner in which the open space is to be improved and maintained for recreational or amenity purposes, and the existence of public parks or other public recreational facilities in the vicinity.

e.

All land shown on the outline plan as common open space must be either:

1.

Conveyed to a public body, if the public body agrees to accept conveyance and to maintain the common open space and any buildings, structures or improvements which have been placed on it; or

2.

Conveyed to a homeowners' association or some party responsible for maintaining common buildings, areas and land within the planned residential development. The common open space must be conveyed subject to covenants. The planning commission shall approve only those provisions of the covenants which restrict the common open space to the uses specified on the outline plan and which provide for the maintenance of the common open space in a manner which ensures its maintenance for its intended purpose.

(2)

Accessibility of site. All proposed streets, alleys and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned residential development, and should be consistent with the major road plan of the city. All forms of transportation including, but not limited to, bikeways and mass transit should be considered in developing the plan for development.

(3)

Off-street parking. Off-street parking shall be conveniently accessible to all dwelling units and other units. Where appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use. Screening of parking and service areas shall be required through use of trees, shrubs and/or hedges and screening walls.

(4)

Pedestrian circulation. The pedestrian circulation system and its related walkways shall be separated, whenever feasible, from the vehicular street system in order to provide an appropriate degree of separation of pedestrian and vehicular movement.

(5)

Privacy. The planned residential development shall provide reasonable visual and acoustical privacy for dwelling units within and adjacent to the planned residential development. Protection and enhancement of the property and the privacy of its occupants may be provided by the screening of objectionable views or uses and reduction of noise through the use of fences, insulation, natural foliage, berms and landscaped barriers. Buildings shall be located within the development in such a way an to minimize any adverse impact on adjoining buildings.

(6)

Density. The density of planned residential districts shall adhere to the allowable density of the underlying zoning district. For purposes of calculating the density of a planned residential development, the area of the site shall include all dedicated and private streets internal to the site.

(Code 1986, § 25-334; Ord. No. 2009-11, 4-13-09)

The board of mayor and aldermen may approve a planned commercial development for buildings or premises to be used for the retail sale of merchandise and services, parking areas, office buildings, hotels and similar facilities ordinarily accepted as commercial center uses. In addition to the applicable standards and criteria set forth in section 23-568, planned commercial developments shall comply with the following standards:

(1)

Residential use. Except for hotels, no buildings shall be designed, constructed, structurally altered or used for dwelling purposes, except to provide, within permitted buildings, facilities for a custodian, caretaker or watchman employed on the premises.

(2)

Screening. When structures or uses in a planned commercial development abut a residential district or permitted residential buildings in the same development, screening may be required.

(3)

Display of merchandise. All business shall be conducted, and all merchandise and materials shall be displayed and stored, within a completely enclosed building or within an open area which is completely screened from the view of adjacent properties and public rights-of-way; provided, however, that when an automobile service station or gasoline sales are permitted in a planned commercial development, motor fuels may be sold from dispensers outside of a structure.

(4)

Accessibility. The site shall be accessible from the proposed street network in the vicinity which will be adequate to carry the anticipated traffic of the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the enterprises located in the proposed development and may be designed to discourage outside through traffic from traversing the development. All forms of transportation including, but not limited to, bikeways and mass transit should be considered in developing the plan for development.

(5)

Landscaping. Landscaping shall be required to provide screening of objectionable views or uses and the reduction of noise.

(Code 1986, § 25-335; Ord. No. 2006-8 1-22-07)

Planned developments which do not qualify as a planned residential development and which are not exclusively for commercial uses shall be subject to all applicable standards contained in sections 23-569 and 23-570. Additionally, mixed use planned development in SmartCode districts must also comply with all applicable standards contained in section 23-741 thru 23-833.

(Code 1986, § 25-336; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Pre-application procedure. Not more than six months prior to filing any application for planned development approval, the prospective applicant shall request a pre-application conference with the city's planning staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development; and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the city planning staff shall promptly schedule such a conference.

(b)

Application and post application procedure. The procedure for initiation and processing of an application for a planned development is set forth in this section through section 23-579.

(Code 1986, § 25-337; Ord. No. 2024-16, (Att.), 10-18-24)

An outline plan shall be submitted to the planning commission with the application for a planned development and shall include all the required documents and fees on the current checklist. A final plan, including all the requirements of an outline plan, may be submitted as a single application when the development will be constructed in one phase. The outline plan shall contain at a minimum:

(1)

For all planned residential developments:

a.

A map on a scale of one inch equals 100 feet or larger showing available utilities, easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property.

b.

A graphic rendering of the existing conditions and/or aerial photographs showing the existing conditions and depicting all significant natural topographical and physical features of the subject property; location and extent of tree cover; location and extent of watercourses, marshes and floodplains on or within 100 feet of the subject property; existing drainage patterns and soil conditions.

c.

A drawing defining the general location and maximum number of lots, parcels or sites to be developed or occupied by buildings in the planned development; the general location and maximum amount of area to be developed for parking; the general location and maximum amount of area to be devoted to open space and to be conveyed, dedicated or served for parks, playgrounds, school sites, public buildings and other common use areas; the approximate location of points of ingress and egress and access streets, where required; the approximate location of pedestrian and vehicular ways or the restrictions pertaining thereto and the extent of landscaping, planting or fencing and other treatment for adjustment to surrounding property.

d.

A tabulation of the maximum number of dwelling units proposed, including the number of units with two or less bedrooms and more than two bedrooms.

e.

A tabulation of the maximum floor area to be constructed, except for single-family detached dwellings and their accessory buildings, and the proposed maximum height of any building or structure.

f.

A written statement generally describing the relationship of the proposed planned development to the current policies and plans of the city and how the proposed planned development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with applicable regulations. The statement shall include a description of the applicant's planning objectives, the approaches to be followed in achieving those objectives and the rationale governing the applicant's choices of objectives and approaches. In addition, a specific list of the exceptions to applicable regulations requested shall be required.

g.

If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The order in which the phases of the project will be built; and

3.

The minimum area and the approximate location of common open space and public improvements that will be required at each stage.

h.

Proposed means of ensuring the continued maintenance of common open space or other common elements and governing the use and continued protection of the planned development.

i.

A statement setting forth in detail the bulk, use, and/or other regulations under which the planned development is proposed.

j.

If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to ensure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided.

(2)

For all planned commercial developments:

a.

A map on a scale of one inch equals 100 feet or larger showing available utilities, and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property.

b.

A graphic rendering of the existing conditions and/or aerial photographs showing the existing conditions and depicting all significant natural, topographical and physical features of the subject property; general location and extent of tree cover; location and extent of watercourses, marshes and floodplains on or within 100 feet of the subject property; existing drainage patterns; and soil conditions.

c.

A drawing defining the general location and maximum amount of area to be developed for buildings and parking; standards for pedestrian and vehicular circulation and the points of ingress and egress, including access streets, where required, and the provision of spaces for loading; the standards for the location, size and number of signs; adjustments to be made in relation to abutting land uses and zoning districts; and the extent of landscaping, planting and other treatment for adjustment to surrounding property.

d.

A circulation diagram indicating the proposed principal movement of vehicles, goods and pedestrians within the development to and from existing thoroughfares.

e.

A development schedule indicating the stages in which the project will be built and when construction of the project can be expected to begin.

f.

A written statement generally describing the relationship of the planned development to the current policies and plans of the city; and how the proposed planned development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of this division. The statement shall include a description of the applicant's planning objectives, the approaches to be followed in achieving those objectives and the rationale governing the applicant's choices of objectives and approaches.

g.

A statement setting forth in detail the manner in which the proposed planned development deviates from the zoning and subdivision regulations which would otherwise be applicable to the subject property, including:

1.

Maximum total square feet of building floor area proposed for commercial uses, by general type of use.

2.

Maximum total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to commercial uses; minimum public and private open space; streets; and off-street parking and loading areas.

(Code 1986, § 25-338; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

Per the timeline in the adopted Planning Commission By-Laws and any requirements of state law, the planning commission shall meet to consider the outline plan request. The planning commission shall recommend to the board of mayor and aldermen approval or disapproval of the proposed planned development. The planning commission may, prior to the close of the meeting, take the matter under advisement or defer decision until the next regular meeting of the planning commission.

(b)

Any applicant or owner of property may appeal to the board of mayor and aldermen from any recommendation of the planning commission or from any conditions the planning commission imposes or fails to impose in its recommendations.

(c)

An applicant shall submit an outline plan to the board of mayor and aldermen incorporating any and all conditions imposed by the planning commission or, if the applicant chooses to appeal, an outline plan incorporating any and all conditions not appealed, within 90 days after the date of the close of the planning commission meeting, or the application shall be deemed withdrawn.

(d)

The recommendations of the planning commission and any notices of appeal shall be forwarded to the board of mayor and aldermen.

(e)

The board of mayor and aldermen shall hold a public hearing on the application for the planned development and the outline plan after receipt of recommendations from the planning commission and any notice of appeal. This public hearing shall be noticed per the guidelines in the adopted Planning Commission By-Laws. The board of mayor and aldermen shall render a decision on any appeal and shall approve or disapprove the proposed planned development and outline plan subject to conditions and, if approved, shall authorize the planned development, which approval shall set forth the conditions imposed.

(f)

The approved outline plan shall bind the applicant, owner and mortgagee, if any, and the board of mayor and aldermen with respect to the contents of such plan. The approved outline plan shall be recorded by the city at the expense of the applicant. After the plan is recorded, no development shall occur unless such development is in accordance with the approved outline plan or unless the plan is amended or repealed.

(g)

The planning commission may amend or waive a development schedule upon submission of written justification by the applicant.

(Code 1986, § 25-339; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

An application for approval of a final plan of the entire planned development if it is to be completed in one phase, or of a portion of the planned development if it consists of more than one phase, shall be submitted by the applicant in sufficient time so that the applicant may develop the planned development in accordance with the phasing schedule, if any, of the approved outline plan. The application submittal shall include all the required documents and fees per the current checklist.

(b)

The application for final plan approval shall include, but not be limited to, the following:

(1)

A plan suitable for recording with the county register's office.

(2)

The plan shall be an original ink on linen or 0.004 mil mylar or a photo mylar reproduction and be at a scale of one inch equals 100 feet.

(3)

Proof referred to on the plan and satisfactory to the respective city attorney as to the provision and maintenance of common open space.

(4)

All certificates, seals and signatures required for the dedication of land and recordation of documents.

(5)

Designation of the location and dimensions of all buildings to be constructed, and a designation of the uses for which each building is designed.

(6)

Tabulations of each separate use area, including land area and number of dwelling units per gross acre and the gross floor area for commercial uses.

(7)

Location and type of landscaping.

(8)

Location and dimensions of utility and drainage facilities.

(c)

The final plan shall conform to the approved outline plan. If the final plan is not, in the judgment of the planning commission, consistent with the approved outline plan, an amendment to the outline plan must be filed along with the final plan. The procedure for amendment to the outline plan shall conform to the requirements set forth in section 23-574.

(d)

The final plan is subject to review and approval of the planning commission and the design review commission prior to forwarding it to the board of mayor and aldermen for action. If the final plan is disapproved by either the planning commission [or the] design review commission, the applicant may appeal to the board of mayor and aldermen, may file a final plan which conforms to the approved outline plan, or the applicant may file an amendment to the approved outline plan.

(e)

After a final plan is approved by the board of mayor and aldermen, such plan shall be recorded in the Shelby County Register's office after receipt of any necessary bonds, fees and contracts to provide improvements required in the subdivision regulations and the required signatures for recordation have been secured.

(Code 1986, § 25-340; Ord. No. 2008-1, 2-25-08; Ord. No. 2023-20, (Att.), 11-13-23)

An application for repeal of approval of all or a portion of an outline or final plan may be filed with the planning commission at any time. The planning commission shall meet and forward a recommendation to the board of mayor and aldermen concerning the repeal of approval of the outline and/or final plan of development. The board of mayor and aldermen shall schedule a public hearing on the request and make a decision regarding the request for repeal based on the following criteria:

(1)

Prior to commencement of any construction based on an approved final plan, plan approvals may be repealed and contracts voided if the applicant proposes no development or development consistent with existing zoning.

(2)

After commencement of construction based on an approved final plan, plan approvals may be repealed and contracts voided only if, in the opinion of the board of mayor and aldermen, the public health, safety and welfare will not be jeopardized. Specifically, public facilities must be provided to future owners of property within the development and adequate traffic circulation maintained. Development of property constituting a portion of an approved final plan in accordance with the existing zoning may not be approved if such development would be incompatible with the remainder of the property included in the approved final plan.

(Code 1986, § 25-341)

The Director may authorize the issuance of building permits for the area of the planned development covered by the approved final plan for work in conformity with the approved final plan and with all other applicable ordinances and regulations. However, the Director shall not authorize issuing an occupancy permit for any building or structure shown on the development plan of any stage of the planned development unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the designated public agency or homeowners' association or a responsible party. The Director shall authorize issuing a certificate of occupancy for any completed building or structure located in an area covered by the approved final plan if the completed building or structure conforms to the requirements of the approved final plan and all other applicable regulations and ordinances.

(Code 1986, § 25-342; Ord. No. 2024-16, (Att.), 10-18-24)

If an application for a planned unit development is denied by the board of mayor and aldermen, a reapplication pertaining to the same property and requesting the same planned unit development may not be filed within 12 months of the date final action was taken on the previous application.

(Code 1986, § 25-343)

An outline plan and/or a final plan may be amended in accordance with the procedure which governed its approval as set forth in this division.

(Code 1986, § 25-344)

The legislature of the state has in T.C.A. §§ 13-7-201—13-7-211 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of mayor and aldermen does ordain the provisions of this division.

(Code 1986, § 25-361(A); Ord. No. 2007-19, 10-8-07)

(a)

The board of mayor and aldermen wishes to maintain eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of 60.3(d) of the Federal Insurance Administration Regulations found at 44 CFR chapter 1 (10-1-2004 edition) and subsequent amendments.

(b)

Areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(c)

These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; and by uses in flood hazard areas which are vulnerable to floods; or construction which is inadequately elevated, flood proofed, or otherwise unprotected from flood damages.

(Code 1986, § 25-361(B); Ord. No. 2007-19, 10-8-07)

It is the purpose of this division to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas. This division is designed to:

(1)

Restrict or prohibit uses which are vulnerable to water or erosion hazards, or which cause damaging increases in erosion, flood heights or velocities;

(2)

Require that uses vulnerable to floods, including community facilities, be protected against flood damage;

(3)

Control the alteration of natural floodplains, stream channels and natural protective barriers which accommodate floodwaters;

(4)

Control filling, grading, dredging and other development which may increase erosion or flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Code 1986, § 25-361(C); Ord. No. 2007-19, 10-8-07)

The objectives of this division are to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public funds for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in floodable areas;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

(7)

Ensure that potential buyers are notified that property is in a floodable area; and

(8)

Establish eligibility for participation in the National Flood Insurance Program.

(Code 1986, § 25-361(D); Ord. No. 2007-19, 10-8-07)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a subordinate structure to the principal structure and, for the purpose of this section, shall conform to the following:

(1)

Accessory structures shall not be used for human habitation.

(2)

Accessory structures shall be designed to have low flood damage potential.

(3)

Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

(4)

Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other structures.

(5)

Service facilities, such as electrical and heating equipment, shall be elevated or floodproofed.

Act means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 USC 4001—4128.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Appeal means a request for a review of the Local Enforcement Officer's interpretation of any provision of this division or a request for a variance.

Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1—30, AE or A99.

Area of special flood-related erosion hazard means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as zone E on the flood hazard boundary map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM, zone E may be further refined.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood frequency.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Building means any structure built for support, shelter or enclosure for any occupancy or storage. (See "Structure").

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, located within the area of special flood hazard.

Dwelling, manufactured home means a structure, transportable in one of more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

Elevated building means a nonbasement building built to have the bottom of the enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Emergency flood insurance program or emergency program means the program as implemented on an emergency basis in accordance with Section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

Erosion means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.

Exception means a waiver from the provisions of this division which relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this division.

Existing construction means any structure for which the start of construction commenced before the effective date of the first floodplain management code or ordinance adopted as a basis for participation in the National Flood Insurance Program (NFIP).

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management code or ordinance adopted as a basis for participation in the National Flood Insurance Program (NFIP).

Existing structures. See "Existing construction."

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation determination means a determination by the Local Enforcement Officer of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding, water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevation of the base flood.

Flood protection system means those physical structural works for which funds have been authorized, appropriated and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodplain or floodprone area or flood fringe means any land area susceptible to being inundated by water from any source. (See "Flooding").

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, area in preparation for publication of the FIRM. Zone E may be furthered by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage including, but not limited to, emergency preparedness plans, flood-related erosion control works and floodplain management regulations.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor means the top surface of an enclosed area in a building (including the basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include longterm storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on the Tennessee Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including the basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, however, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this division.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle unless such transportable structures are placed on a site for 180 consecutive days or longer.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map means the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the agency.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this division, the term is synonymous with National Geodetic Vertical Datum (NGVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

National Geodetic Vertical Datum (NGVD) (as corrected in 1929) means a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure for which the start of construction commenced on or after January 11, 1982 or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date or the effective date of the first floodplain management ordinance and includes any subsequent improvements to such structure.

North American Vertical Datum (NAVD): as corrected in 1988 is a vertical control used as a reference for establishing varying elevations within the floodplain.

100-year flood. See "Base flood."

Person means any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Riverine means relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

Special hazard area means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99 or AH.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State coordinating agency (state department of economic and community development, local planning assistance office) means the agency of the state government, or other office designated by the governor of the state, or by state statute at the request of the Local Enforcement Officer to assist in the implementation of the National Flood Insurance Program in that state.

Structure, for purposes of this section, means a walled and roofed building, that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, or improvement of a structure, taking place during a five-year period, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary to ensure safe living conditions only, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage, regardless of the actual repair work performed.

Substantially improved existing manufactured home parks or subdivisions means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance means a grant of relief from the requirements of this division which permits construction in a manner otherwise prohibited by this division where specific enforcement would result in unnecessary hardship.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Code 1986, § 25-362; Ord. No. 2007-19, 10-8-07)

Cross reference— Definitions generally, § 1-2.

(a)

Application. This division shall apply to all areas within the incorporated area of the city.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified on the Shelby County, Tennessee and Incorporated Areas, Federal Emergency Management Agency, Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community Panel Number 47157CO0455F (existing) effective September 28, 2007; and 47157CO0456G, 47157CO0457G, 47157CO0458G, 47157CO0459G, 47157CO0480G, 47157CO0490G (revised) effective February 6, 2013 along with all supporting technical data, are adopted by reference and declared to be part of this division. These areas shall be incorporated into the City of Germantown, Tennessee Official Zoning Map.

(c)

Requirement for development permit. A development permit shall be required in conformity with this division prior to the commencement of any development activity.

(d)

Compliance. No land, structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(e)

Abrogation and greater restrictions. This division is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction. However, where this division conflicts or overlaps with another regulatory instrument, whichever imposes the more stringent restrictions shall prevail.

(f)

Interpretation. In the interpretation and application of this division, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under state statutes.

(g)

Interpretation of district boundaries. Where interpretation is needed as to the exact location of any boundary relating to the flood fringe and floodway districts, the board of zoning appeals shall make the necessary interpretation. The person contesting the location of the district boundary shall be afforded reasonable opportunity to present any technical evidence he may wish to support his position.

(h)

Warning and disclaimer of liability. The degrees of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This division does not imply that land outside the flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the city or by any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this division, or any administrative decision lawfully made under this division.

(i)

Conflict with other provisions.

(1)

The requirements of the flood districts are additional to those contained in the basic underlying zoning districts.

(2)

Where any conflicts exist between the provisions of this division and any other provisions of this chapter and any other division, code, law, etc., of the city, the provisions of this division shall govern; provided, however, that the provisions of this division shall not be construed as permitting any use which is prohibited or permitted only as a special exception within the base zoning district.

(j)

Penalties for violation. Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor punishable as other misdemeanors as provided by law. Each day such violation continues shall be considered a separate offense. Nothing contained in this section shall prevent the city from taking such other lawful actions to prevent or remedy any violation.

(Code 1986, § 25-363; Ord. No. 2007-19, 10-8-07; Ord. No. 2012-16, § 1, 1-28-13)

(a)

Designation of local enforcement officer. The local enforcement officer is hereby appointed to administer and implement the provisions of this division.

(b)

Permit procedures. Application for a development permit shall be made to the local enforcement officer on forms furnished by him prior to any development activity. The development permit may include, but is not limited to, the following: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the area in question; and existing or proposed structures, earthen fill, storage of materials or equipment and drainage facilities. Specifically, the following information is required:

(1)

Application stage.

a.

Elevation in relation to mean sea level of the proposed lowest floor (including the basement) of all buildings where BFEs are available, or to the highest adjacent grade when applicable under this division.

b.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed, where base flood elevation data is available or to the highest adjacent grade when applicable under this division.

c.

Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in subsection (b)(2), of this section, where base flood elevation data is available.

d.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2)

Construction stage. Within unnumbered A zones, where flood elevation data are not available, the local enforcement officer shall record the elevation of the lowest floor on the development permit. The elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building and the highest adjacent grade. For all new construction and substantial improvements, the permit holder shall provide to the city engineer an as-built certification of the regulatory floor elevation or floodproofing level upon the completion of the lowest floor or floodproofing. Within unnumbered A zones, where flood elevation data is not available, the elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building relative to the highest adjacent grade.

Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of, a registered land surveyor and certified by same. When floodproofing is utilized for a nonresidential building said certification shall be prepared by or under the direct supervision of, a professional engineer or architect and certified by same.

Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The local enforcement officer shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make such corrections required hereby, shall be cause to issue a stop work order for the project.

(c)

Duties and responsibilities of the Local Enforcement Officer. Duties of the local enforcement officer shall include, but not be limited to:

(1)

Review of all development permits to ensure that the requirements of this division have been satisfied, and that proposed building sites will be reasonably safe from flooding.

(2)

Advice to the permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. This shall include section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

(3)

Notification to adjacent communities and the state department of economic and community development, local planning office, prior to any alteration or relocation of a watercourse, and submission of evidence of such notification to the Federal Emergency Management Agency.

(4)

Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) of the lowest floor (including the basement) of all new or substantially improved buildings, in accordance with subsection (b)(2), of this section.

(5)

Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) to which the new or substantially improved buildings have been floodproofed, in accordance with subsection (b)(2), of this section.

(6)

For any altered or relocated watercourse, submit engineering data/analysis within six months to the Federal Emergency Management Agency to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure that the flood-carrying capacity within an altered or relocated portion of any watercourse is maintained.

(7)

When floodproofing is utilized, the Local Enforcement Officer shall obtain certification from a registered professional engineer or architect, in accordance with subsection (b)(2), of this section.

(8)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the local enforcement officer shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 23-604.

(9)

When base flood elevation data or floodway data have not been provided by the Federal Emergency Management Agency, then the local enforcement officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed as a result of this division, as criteria for requiring that new construction, substantial improvements or other development in zone A on the community FHBM or FIRM meet the requirements of this chapter.

(10)

All records pertaining to the provisions of this division shall be maintained in the office of the local enforcement officer and shall be open for public inspection. Permits issued under the provisions of this division shall be maintained in a separate file or marked for expedited retrieval within combined files.

(11)

Ensure that the flood-carrying capacity within an altered or relocated portion of any watercourse is maintained.

(d)

Use regulations.

(1)

Flood fringe districts. Within the areas designed as FF flood fringe districts, the uses permitted under the original zoning designation will be allowed with the addition of the following requirements:

a.

Residential construction. New construction and substantial improvements of any residential structure shall have the lowest floor, including the basement, elevated no lower than 30 inches above the base flood elevation.

b.

Nonresidential construction. New construction and substantial improvement of any commercial or other nonresidential structure shall either have the lowest floor, including the basement, elevated to 1.5 feet above the base flood elevation; or together with attendant utility and sanitary facilities, shall:

1.

Be floodproofed so that below such level the structure is watertight with walls substantially impermeable to the passage of water; and

2.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Land may be filled within flood fringe areas, provided that such fill does not extend into the floodway, and further provided that such fill extends 25 feet beyond the limits of any structure erected thereon. Fill shall consist of soil or rock materials only and shall be protected from erosion. Fill slopes shall not be steeper than one-foot vertical to two feet horizontal unless steeper slopes are justified and approved by the building inspector. Fill shall be used only to the extent that it does not adversely affect adjacent properties as determined by the building inspector.

(2)

Floodway districts. Within the areas designated as FW floodway districts, development must not result in any increase in flood levels during the occurrence of the base flood discharge and must be approved by the planning commission. The determination of an increase in flood levels will be made by the city engineering department based on information provided by the person wishing to develop the property in the floodway. Examples of development that may be allowed in the floodway are:

a.

Agricultural uses.

b.

Uses incidental to industrial-commercial structures, such as loading areas, parking areas, airport landing strips (except in flash flood areas).

c.

Private and public recreational uses, such as golf courses, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, wildlife and nature preserves, fish hatcheries, shooting preserves, target ranges, hunting and fishing areas, hiking and horseback riding trails.

d.

Uses incidental to residential structures, such as lawns, gardens, parking areas and play areas. Other uses may be acceptable, provided that the permit official can determine that no increase in flood heights will result.

e.

There shall be no encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in an increase in flood levels during occurrence of the base flood discharge.

f.

Manufactured homes are prohibited except within existing mobile (manufactured) home parks.

(Code 1986, § 25-364; Ord. No. 2007-19, 10-8-07)

(a)

General standards. In all areas designated as flood fringe on floodway districts, the following provisions are required:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2)

Manufactured homes shall be elevated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(3)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7)

All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(9)

Any alteration, repair, reconstruction or improvements to a building which is in compliance with the provisions of this division, shall meet the requirements of "new construction" as contained in this chapter.

(10)

Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provisions of this division, shall be undertaken only if such nonconformity is not extended.

(b)

Specific standards. The provisions of this subsection shall apply to all areas of special flood hazard:

(1)

Residential construction. New construction and substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including the basement, elevated no lower than 30 inches above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure and openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection (b)(3) of this section. Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the local enforcement officer shall require the design engineer to set the lowest floor of a building to be elevated or floodproofed to a level of at least three feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in section 23-600, of this division). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in section 23-602.

(2)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including the basement, elevated no lower than 1.5 feet above the level of the base flood elevation and together with attendant utility and sanitary facilities be floodproofed in lieu of being elevated, provided that all areas of the building below such elevation are watertight with materials substantially impermeable to the passage of water, and are built with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the Local Enforcement Officer shall require the design Engineer to set the lowest floor of a building to be elevated or floodproofed to a level of at least three feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in section 23-600, of this division). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in section 23-602. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Local Enforcement Officer as set forth in section 23-602(b)(2).

(3)

Elevated building. New construction or substantial improvements of elevated buildings that include any fully enclosed areas formed by foundation and other exterior walls below the base flood elevation, or required height above the highest adjacent grade, that are subject to flooding, shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a.

Designs for complying with this subsection (b)(3) must either be certified by a professional engineer or architect or must meet or exceed the following minimum criteria:

1.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one foot above grade; and

3.

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic flow of floodwaters in both directions.

b.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

c.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms in such a way as to impede the movement of floodwaters, and all such partitions shall comply with the provisions of this subsection (b).

(4)

Standards for manufactured homes and recreational vehicles.

a.

All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions of existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements of new construction, including elevations and anchoring.

b.

All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that the lowest floor of the manufactured home is elevated no lower than 30 inches above the level of the base flood elevation on a permanent foundation. Absent base flood elevations the manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements) at least three feet in height above the highest adjacent grade.

c.

All manufactured homes proposed to be located in an area subject to flood shall be subject to the following anchoring requirements:

1.

All manufactured homes must be anchored to resist flotation, collapse and lateral movement by providing over-the-top and frame ties to ground anchors.

2.

Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations on manufactured homes 50 feet or greater in length (a total of eight ties are required), and one additional tie per side on manufactured homes less than 50 feet in length (a total of six ties are required).

3.

Frame ties shall be provided at each of the four corners of the manufactured home, with five additional ties per side at intermediate locations on manufactured homes 50 feet or greater in length (a total of 14 ties are required), and four additional ties per side on manufactured homes less than 50 feet in length (a total of 12 ties are required).

4.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

d.

All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation where the elevated stands, lots or pads shall be of compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood elevation, and the following shall also apply:

1.

Adequate surface drainage and access for a hauler shall be provided.

2.

In the instance of elevation on pilings, lots shall be large enough to permit steps. Piling foundations shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above ground level.

e.

Any manufactured home which has incurred "substantial damage" as the result of a flood, or that has substantially improved, must meet the standards of section 23-603(b)(4), of this division.

f.

All recreational vehicles placed on identified flood hazard sites must either:

1.

Be on the site for fewer than 180 consecutive days;

2.

Be fully licensed and ready for highway use; or

3.

The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of subsections (b)(4)a, (b)(4)c.1. and (b)(4)c.2., of this section if on the site for longer than 180 consecutive days.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures.

In all areas of special flood hazard where base flood elevation data or floodway data have not been provided, the provisions of section 23-602(c)(8) shall be utilized for all requirements relative to the base flood elevation or floodways.

(c)

Standards for areas of special flood hazard zones AE with established base flood elevation but without floodways designated. Located within the areas of special flood hazard established in section 23-601(b), where streams exist with base flood data provided but where no floodways have been provided (zones AE), the following provisions apply:

(1)

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer or architect is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not result in an increase in flood levels during occurrence of the base flood discharge. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(2)

New construction or substantial improvements of buildings shall be elevated or floodproofed to elevations established in accordance with subsection (b) of this section.

(d)

Standards for areas of shallow flooding (AO and AH zones). Located within the areas of special flood hazard established in section 23-601(b) are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. Therefore, the following provisions apply:

(1)

All new construction and substantial improvements of residential and nonresidential buildings shall have the lowest floor, including the basement, elevated to at least 2.5 feet above the flood depth specified on the flood insurance rate map. If no depth number is specified, the lowest floor, including the basement, shall be elevated, at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of 23-603(b), and Elevated Buildings or if no depth number is specified, the applicant will provide the city with an engineers study establishing the finish floor elevation 30 inches above the 100-year storm elevation.

(2)

All new construction and substantial improvements of nonresidential buildings may be flood-proofed in lieu of elevation. The structure together with attendant utility and sanitary facilities must be flood proofed and designed watertight to be completely flood-proofed to at least 1.5 feet above the specified FIRM flood level, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If no depth number is specified, the applicant will provide the city with a study establishing the finish floor elevation 18 inches above the 100-year storm elevation for the lowest floor, including basement, or it shall be flood proofed to at least three feet above the highest adjacent grade whichever is greater. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this ordinance and shall provide such certification to the local enforcement officer as set forth above and as required in section 23-602(b). The local enforcement officer shall require the applicants engineer to certify the elevation of the highest adjacent grade, where applicable, and the record shall become a permanent part of the permit file.

Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.

(e)

Standards for areas protected by flood protection system (A-99 zones). Located within the areas of special flood hazard established in section 23-601(b) are areas of the 100-year flood protected by a flood protection system which is under construction but where base flood elevations and flood hazard factors have not been determined. With these areas (A-99 zones) the following provisions apply: All provisions of sections 23-602 and 23-603(a) and (h) shall apply.

(f)

Standards for areas of special flood hazard with established base flood elevation and with floodways designated. Located within the areas of special flood hazard established in section 23-601(b), where there are areas designated as floodways. A floodway may be an extremely hazardous area due to the velocity of floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights and velocities. Therefore, the following provisions shall apply:

(1)

No encroachments, including fill material, new construction, substantial improvements or other developments shall be located within designated floodways, unless certification by a registered professional engineer or architect is provided demonstrating that the cumulative effect of the proposed encroachments or new development, when combined with all other existing and anticipated development, shall not result in an increase in flood levels during the occurrence of the base flood discharge at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(2)

New construction or substantial improvements of buildings shall comply with all applicable flood hazard reduction provisions of section 23-603.

(g)

Standards for streams without established base flood elevations or floodways (A Zones). Located within the areas of special flood hazard established in section 23-601, where streams exist, but no base flood data has been provided (A Zones), OR where a floodway has not been delineated, the following provisions shall apply:

(1)

When base flood elevation data or floodway data have not been provided in accordance with section 23-601, then the local enforcement officer shall obtain, review and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of section 23-603. ONLY if data is not available from these sources, then the following provisions (2 and 3) shall apply:

(2)

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 20 feet or the requirements outlined in the City of Germantown stormwater ordinance for buffers, whichever is greater, measured from the top of the stream bank, unless certification by registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(3)

In special flood hazard areas without base flood elevation data, new construction or substantial improvements of existing shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 23-603, and elevated buildings.

(h)

Standards for unmapped streams. Located within the city are unmapped streams where areas of special flood hazard are neither indicated nor base flood data or floodways have been provided. Adjacent to such streams the following provisions shall apply:

(1)

In areas adjacent to such unmapped streams, no encroachments including fill material or structures shall be located within an area of at least equal to twice the width of the stream along each side of the stream, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-foot at any point within the city. The city engineer may require a no rise if deemed necessary.

(2)

When flood elevation data is available, new construction or substantial improvements of buildings shall be elevated or floodproofed to elevations established in accordance with section 23-602(b)(2).

(i)

Standards for subdivision proposals. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a floodplain, floodprone or flood fringe area, any such proposals shall be reviewed to ensure that:

(1)

General standards.

a.

All subdivision proposals shall be consistent with the need to minimize flood damage.

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

d.

Base flood elevation data shall be provided for all subdivision proposals and other proposed development (including manufactured home parks and subdivisions).

e.

The cumulative effect of any proposed development shall not adversely affect floodway or flood fringe areas. This determination is to be made in accordance with the procedure outlined in section 23-602(b).

f.

New construction or substantial improvement of any residential structure shall have a record on the building permit of the actual elevation (in relation to mean sea level) of the lowest floor, including the basement.

g.

New construction or substantial improvements of any commercial, industrial or other nonresidential structure shall have a record on the building permit of the actual elevation (in relation to mean sea level) to which the new or substantially improved structure has been floodproofed or elevated.

(2)

Application.

a.

Before any construction, alteration or filling shall be allowed in either the flood fringe or floodway areas, the following information must be provided to the city engineer:

1.

Plans drawn to the scale of one inch equals 100 feet showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials and drainage facilities.

2.

Elevation in relation to mean sea level of the lowest floor (including the basement) of all proposed structures.

3.

For new development, the lowest elevation of top of curb for streets and roadways shall be 1.5 feet above the published flood elevation. Further, the minimum elevation of the buildable area of all lots shall be set 1.5 feet above the published flood elevation.

4.

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

5.

Certification by a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria as set forth in section 23-602(b)(2).

6.

Description by a registered professional engineer or architect of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

7.

Proof that maintenance will be provided within any altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

8.

Certification that all necessary permits have been received from the governmental agencies from which approval is required by federal or state law.

b.

Development in the flood fringe districts:

1.

If it is determined by the city engineer that the development will meet all the requirements described in this division without reservation and the development consists of:

i.

Surface alteration that does not require a grading permit;

ii.

A structure; or

iii.

Combination of the two;

then the development permit shall be granted by the city engineer.

2.

Development that consists of the development of two or more lots (as in a subdivision). Notify, in writing, applicants for a variance to construct a structure below the base flood level that such construction will result in increased premium rates for flood insurance and that such construction below the base flood level increases risk to life and property.

c.

Other requirements:

1.

Notification of alteration of watercourse. The applicant shall notify all adjacent communities and the state local planning office by certified mail of any proposed alteration or relocation of any watercourse. The applicant shall ensure the city, in writing, that flood-carrying capacity within the altered or relocated portion of any such watercourse is maintained. The applicant shall submit copies of all federal and state permits required for the proposed development.

2.

Maintenance of altered watercourse. Subsequent to any alteration or relocation of watercourse, the city shall require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

(Code 1986, § 25-365; Ord. No. 2007-19, 10-8-07; Ord. No. 2024-16, (Att.), 10-18-24)

The provisions of this section shall apply exclusively to areas of special flood hazard. In applying for a variance, all provisions described in division 2, article II, of this chapter apply, as well as the following additions:

(1)

Board of zoning appeals.

a.

The board of zoning appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.

b.

Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and the variance is the minimum to preserve the historic character and design of the structure.

c.

In passing upon a variance application, the board of zoning appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division, and:

1.

The danger that materials may be swept onto other property to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage;

4.

The importance of the services provided by the proposed facility to the community and the effect of such damage on the individual owner;

5.

The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

6.

The suitability of alternative locations for the proposed use which are not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

d.

Upon consideration of the factors listed in subsection (1)c., of this section, and the purposes of this division, the board of zoning appeals may attach such conditions to the granting of variances as it deems necessary to effectuate the purposes of this division.

e.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

f.

The Local Enforcement Officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(2)

Conditions for variances.

a.

Meeting the requirements of issuing a variance as set down in subsections (a)(3), (a)(4), (a)(5) and (a)(6), of this section.

b.

Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of an historical building, a determination that the variance is the minimum relief necessary, so as not to destroy the historic character and design of the building.

c.

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public as identified in subsection (2)a, of this section, or conflict with existing local laws or other provisions.

d.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation level and that the loss of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Code 1986, § 25-366; Ord. No. 2007-19, 10-8-07)

(a)

Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates that every state develop a wellhead protection program to protect public water supplies which utilize a groundwater source. The state department of environment and conservation (TDEC) has been authorized by the United States Environmental Protection Agency (EPA), to enforce this law, and has adopted its own rules and regulations.

(b)

The legislature of the state has in T.C.A. §§ 13-7-201—13-7-210 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the board of mayor and aldermen does ordain the provisions of this division.

(Code 1986, § 25-371(A))

(a)

The board of mayor and aldermen desires to bring into conformance all proposed land use activities in wellhead protection areas, zone 1 and zone 2, within the city, with wellhead protection guidelines developed by the state department of environment and conservation (TDEC).

(b)

Areas of the city are designated as wellhead protection area zone 1, an area immediately surrounding the water source, which represents an eight-week capture zone and within which land use activities are prohibited and/or restricted in order to protect the well or source of groundwater.

(c)

Areas of the city are designated as wellhead protection area zone 2, an area incorporating and adjacent to wellhead protection area zone 1, which represents a 40-year capture zone that is determined on the basis of groundwater flow direction and recharge, and within which land use activities are prohibited and/or restricted in order to protect the well or source of groundwater.

(d)

A potential contaminant source inventory, taken within both wellhead protection areas, zone 1 and zone 2, and within the corporate limits of the city, has been completed so that possible contaminant sources have been identified, and a safe potable water supply may be provided now and for future generations.

(Code 1986, § 25-371(B))

It is the purpose of this division to protect the public, municipal water supply for the city from land uses which pose a threat to the quality and quantity of the groundwater being extracted from the city municipal wells within the land area described as wellhead protection area zone 1, in the immediate vicinity of the wellheads, and wellhead protection area zone 2, the land area adjacent to the existing and proposed municipal water wellfields, which lies within the 40-year capture zone. The wellhead protection overlay district shall be deemed an overlay on the application zoning districts, and shall be shown on published maps entitled "City of Germantown Wellhead Protection Overlay Map." In the wellhead protection overlay district, the following regulations shall apply, unless superseded by a more stringent regulation of the base zoning district. This division is designed to:

(1)

Prevent the contamination of groundwater resources.

(2)

Prevent excessive extraction of the groundwater resources.

(3)

Restrict or prohibit land use activities that store, handle or produce regulated substances.

(4)

Require the use of best management practices (regulatory and nonregulatory) for the protection of future groundwater sources of drinking water.

(5)

Identify the responsibility of the city, as the local governmental unit and the planning commission, as the responsible agent for the city in protecting groundwater resources.

(6)

Require the city to work with neighboring communities for adequate protection of resource areas extending into other jurisdictions.

(Code 1986, § 25-371(C))

The objectives of this division are to:

(1)

Protect human life and health.

(2)

Minimize expenditure of public funds for pollution remediation projects.

(3)

Minimize regulations on land use (for those activities that are not a threat to public water supplies).

(4)

Minimize business interruptions.

(5)

Minimize damage to public facilities and utilities such as water mains, sewer lines and treatment facilities.

(6)

Ensure that the citizens and institutions, that are customers of the city water system, are provided with a safe potable water supply now and for future generations.

(7)

Protect the natural resources of the state.

(Code 1986, § 25-371(D))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aquifer means a geologic formation, group of formations or part of a formation capable of storing and yielding groundwater to wells or springs.

Best management practices means operational procedures for handling, storage and disposal of regulated substances and procedures which are designed to minimize the impact of certain activities or land uses on groundwater quality and quantity.

Board of zoning appeals (BZA) means the quasi-judicial body which determines whether variances may be issued for the use of property within the city corporate limits.

Certificate of conformance means a document issued by the city engineer, which certifies that the proposed development meets or exceeds the requirements of this division.

City wellhead protection overlay map means a map generated by the city illustrating the location of wellhead protection areas, zone 1 and zone 2. The map is available for inspection at the office of the department of community development.

Construction means building, erecting, moving or any physical operations on the premises which are required for construction. Excavation, filling, paving and the like shall be considered part of construction.

Contaminate means to have unwanted chemicals or bacteria mixed into a water system formerly void of such substances.

Excessive extraction means a nonmunicipal withdrawal of groundwater from an aquifer that results in or may result in the lowering of the water level or piezometric surface to such an extent as to interfere with the normal operation of existing private, industrial or municipal water wells. Excessive extractions is also defined as withdrawal from an aquifer which will lead to desaturation of the aquifer or desaturation to a point where consolidation of the aquifer material occurs, preventing any further recharge of the aquifer from occurring.

Groundwater means the water contained within the earth's surface that has penetrated from precipitation and from infiltration by streams, ponds and lakes.

Groundwater contamination means presence of any substance designated by the U.S. EPA or the state as a primary or secondary water quality parameter, in excess of the maximum allowable contaminant level (MCL) or as regulated under the primary drinking water standards of the Safe Drinking Water Act.

Groundwater Institute (GWI) means a research organization within the Herff College of Engineering at the University of Memphis, established as a center of expertise in groundwater science for the mid-south area.

Hazardous materials means materials which are defined in one or more of the following categories:

(1)

Ignitable. A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline.

(2)

Carcinogenic. A gas, liquid or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils.

(3)

Explosive. A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.

(4)

Highly toxic. A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life. Examples: parathion and chlorine gas.

(5)

Moderately toxic. A gas, liquid or solid which, through repeated exposure or in a single large dose, can be hazardous to humans. Example: atrazine.

(6)

Corrosive. Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

Local government unit means the city; the local government unit responsible for protecting the groundwater resources regulated by this division.

Percolation rate means the rate at which water flows or trickles through porous soils, as determined by a percolation test.

Pollutant travel time means the time required by pollutants to travel from one point to another.

Potable water means water that is satisfactory for drinking, culinary and domestic purposes, meeting current state and federal drinking water standards.

Responsible agent of the city means the city planning commission. As the responsible agent for the city, the planning commission reviews all development plans within the wellhead protection area, makes any necessary interpretation of wellhead protection area, zone 1 and zone 2, and reviews any other related matters that may arise in the administration of this division.

Shelby County Groundwater Quality Control Board (SCGWQCB) means a regulatory board consisting of appointed individuals which has jurisdiction within county to manage wellhead protection guidelines, developed by the state department of environment and conservation, pertaining to the protection of the public water supplies which utilize a groundwater source within the boundaries of county.

Stormwater drainage means a sewer or other system for conveying surface runoff due to storm events and unpolluted groundwater or surface water, including that collected by cellar drains, but excluding sanitary sewage and industrial waste.

Surface runoff means that part of the precipitation that passes over the surface of the soil to the nearest surface stream without first passing beneath the surface.

Tennessee Department of Environment and Conservation (TDEC) means a state agency, authorized by the United States Environmental Protection Agency, to adopt and enforce section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandating the protection of public water supplies which utilize a groundwater source.

Travel time contour means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or wellfield.

Wastewater means any combination of water carried wastes from institutional, commercial and industrial establishments, and residences together with any stormwater, surface water or groundwater, as may be present.

Water table means the upper surface of a zone of saturation except where that surface is formed by an impermeable barrier.

Well, abandoned means an abandoned or unused well may be defined under one or more of the following:

(1)

A well, other than a monitoring well, which has been out of service continuously for one year or more, and does not meet the definition of an inactive well.

(2)

A monitoring well from which no measurement or sample has been taken for a period of three years.

(3)

A well which is in such a state of disrepair that it cannot be made operational for its intended purpose.

(4)

A test hole or exploratory boring 24 hours after construction and testing work has been completed.

(5)

A cathodic protection well that is no longer functional for its original purpose.

(6)

Any boring that cannot be satisfactorily completed as a well.

Well, active means a well that has been utilized at least once in the preceding 12 months for the extraction of groundwater.

Well, inactive (standby well) means a well that has not been used for a period of one year or more for the production of groundwater, but is maintained in such a condition that it could be so used, or a monitoring well maintained for such use, or a cathodic protection well maintained for such use.

Wellfield means a tract of land, either continuous or disjointed, which contains a number of existing or proposed wells for supplying water as specified in the wellfield protection maps.

Wellfield area of contribution means the area of the aquifer where groundwater flow is diverted to a pumping well due to a lowering of the water table.

Wellfield recharge area means the area from which groundwater flows directly to the wellfield area of contribution.

Wellhead means the specific location of a well (a hole or shaft dug or drilled to obtain water) and/or any structure built over or extending from a well.

Wellhead protection area (WPA) means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellfield. The areas of city designated as wellhead protection area, zone 1 and zone 2, which represent eight-week and 40-year capture zones, respectively; and within which land use activities are prohibited and/or restricted in order to protect the well, or source of groundwater.

Wellhead protection overlay district means an overlay district on the existing zoning districts which represents the area covered by wellhead protection areas, zone 1 and zone 2.

Zone of contribution means the area from which groundwater flows to a pumping well.

(Code 1986, § 25-372)

Cross reference— Definitions generally, § 1-2.

The regulations set forth in this division shall apply to all land uses and activities located or proposed within the area delineated as the wellhead protection area in the city on a map available for inspection at the office of the department of community development and as defined in section 23-625. The wellhead protection area consists of wellhead protection area zone 1 and wellhead protection area zone 2, identified in section 23-622, for the city municipal wells.

(Code 1986, § 25-373(A))

The Tennessee Wellhead Protection Regulations (Rule 1200-5-1-.34) require that every public water system (PWS) in the state set up a two-zone protection system for its groundwater source. The Ground Water Institute (GWI) at the University of Memphis and the planning commission of the city, utilizing the groundwater flow model, have established a two-zone protection system for the city's groundwater resources.

(Code 1986, § 25-373(B))

Prior to preliminary plan approval by the planning commission, the applicant shall obtain a certificate of conformance from the city engineer in a timely manner, for all proposed land use activities in wellhead protection areas, zone 1 and zone 2, within the city. If, upon review of the preliminary plan, the city engineer determines that additional information is necessary to completely evaluate the proposed development, the city engineer may defer the development plan to the Shelby County Groundwater Quality Control Board (SCGWQCB) for review and recommendation prior to approval of the plan for a certificate of conformance. A building permit shall be required in conformity with this division prior to the commencement of any development activity.

(Code 1986, § 25-373(C))

No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(Code 1986, § 25-373(D))

In the interpretation and application of this division, all provisions shall be considered as minimum requirements; liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.

(Code 1986, § 25-373(E))

Where interpretation is needed as to the exact location of any boundary of wellhead protection area, zone 1 and zone 2, the planning commission shall make the necessary interpretation. The planning commission shall also be responsible for review of all development plans within wellhead protection areas, and other related matters that may arise in the administration of this division. The person contesting the location of the wellhead protection area, zone 1 and zone 2, shall be afforded reasonable opportunity before the board of zoning appeals (BZA) to present any technical evidence he may wish to support his position. Any proposed adjustments shall be based on the same modeling techniques defined in zone 1 and zone 2 reports approved by TDEC (November 1995) and the latest approved delineation of zone 1 and zone 2 by the TDEC. The board of zoning appeals shall not consider any application for a variance from the provisions of this division until the planning commission has had an opportunity to review the application and make a written recommendation to the board of zoning appeals. The planning commission shall have 45 working days from the filing of any application, for a variance from this division, to review and issue its recommendation. The application shall be advertised for public hearing for the next regularly scheduled board of zoning appeals meeting following the expiration of the 45-day period.

(Code 1986, § 25-373(F))

The levels of wellhead protection required by this division are considered reasonable for regulatory purposes and are based on scientific and engineering considerations approved by the TDEC. This division does not imply that land, protected under this division, within the wellhead protection areas, designated zone 1 and zone 2, shall be free from contamination or excessive extraction. This division shall not create liability on the part of the city, or by any officer or employee thereof, of the Groundwater Institute (GWI) at the University of Memphis, and the Shelby County Groundwater Quality Control Board (SCGWQCB), for any damages to groundwater resources that result from reliance on this division, or any administrative decision lawfully made under this division.

(Code 1986, § 25-373(G))

(a)

The requirements of wellhead protection area, zone 1 and zone 2, are additional to those contained in the basic underlying zoning districts.

(b)

Where any conflicts exist between the provisions of this division and any other provisions of this division and any other division, code, law, etc., of the city, the provisions of this division shall govern; provided, however, that the provisions of this division shall not be construed as permitting any use which is prohibited or permitted only as a special exception within the base zoning district.

(Code 1986, § 25-373(H))

It shall be the responsibility of any person owning real property and/or owning or operating a business within the city corporate limits to make a determination of the applicability of wellhead protection area overlay districts as it pertains to the property and/or business under his ownership or operation, and his failure to do so shall not excuse any violations of such sections.

(Code 1986, § 25-373(I))

If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances listed in 40 CFR 116, designation of hazardous substances, of the Federal Water Pollution Control Act, within the zone of contribution, as indicated on the city wellhead protection overlay map, without having obtained a permit, or continues to operate in violation of the provisions of this division, then the city may file an action for injunctive relief in the circuit court.

(Code 1986, § 25-373(J))

Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor punishable as other misdemeanors as provided by law. Each day such violation continues shall be considered a separate offense. Nothing contained in this section shall prevent the city from taking such other lawful actions to prevent or remedy any violation.

(Code 1986, § 25-373(L))

This division is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this division imposes greater restrictions, the provisions of this division shall prevail.

(Code 1986, § 25-373(M))

(a)

Extent of wellhead protection area. The wellhead protection area (WPA) consists of two areas (WHPA zone 1 and zone 2) which are listed and described as follows:

(1)

WPA zone 1. WPA zone 1 area extends approximately 100 feet radially from the wellhead, representing an eight-week capture zone that is determined on the basis of groundwater flow direction and recharge.

(2)

WPA zone 2. WPA zone 2 area extends from the wellhead, including WPA zone 1, to include the 40-year capture zone that is determined on the basis of groundwater flow direction and recharge.

(b)

Wellhead protection area delineation. Boundaries for the wellhead protection area zones for the wellhead protection overlay districts are shown on published maps entitled, "City of Germantown Wellhead Protection Overlay Map," and are hereby adopted by reference as part of this division as if the maps were fully described in this subsection. The boundaries of wellhead protection areas, zone 1 and zone 2, were based on the predicted groundwater flow pattern in the vicinity of the city wellfields.

(c)

Delineation methodology. Wellhead protection areas, zone 1 and zone 2, were delineated using the numerical method to predict the groundwater flow patterns surrounding the wellhead, using a county-wide regional flow model, as defined in zone 1 and zone 2 reports approved by the TDEC (November, 1995). The eight-week capture zone (zone 1) and the 40-year capture zone were delineated through the simulation of groundwater flow, or movement, as a function of pumping rates, aquifer characteristics and static water table/piezometric surface conditions. The aquifer characteristics were determined from geophysical well logs generated for the city, at the time the wells were drilled, combined with data from adjacent municipalities.

(d)

Amendment of wellhead protection area. The wellhead protection areas may be reviewed and modified annually by the planning commission at the beginning of each calendar year, and the city wellhead protection overlay map shall be revised accordingly. Every three years, substantial changes may be made to the city wellhead protection overlay map by the planning commission, in order to show the location of new wells, update the city's contaminant source inventory, adopt better modeling techniques and incorporate recent and more accurate hydrogeologic data.

(e)

Location of properties. In determining the location of properties within the wellhead protection areas, zone 1 and zone 2, depicted on the city wellhead protection overlay map, the following rules shall apply:

(1)

Properties located wholly within one zone reflected on the city wellhead protection area overlay map shall be governed by the restrictions applicable to that particular zone.

(2)

Properties having parts lying within more than one zone as reflected on the city wellhead protection area overlay map shall be governed by the restrictions applicable to the zone in which that part of the property is located.

(3)

Where a time-travel contour which delineates the boundary between two zones of influence passes through a building, the entire building shall be considered to be in that zone with the greatest restrictions as of January 26, 1998.

(4)

Where any capture zone extends beyond the corporate limits of the city, the portion of the capture zone within the adjacent municipality, per prior agreement between the subject municipality and the city, shall review any proposed or existing land use utilizing this division.

(Code 1986, § 25-374)

(a)

Permitted uses.

(1)

Within the wellhead protection overlay districts, the permitted uses and regulations shall be those of the underlying zoning district.

(2)

Permitted uses are allowed in the underlying zone, subject to the procedures and restrictions in the underlying zone, and subject to the following additional limitations and restrictions:

a.

Permitted uses or changes in use or the enlargement and alteration of permitted uses existing as of the effective date of this ordinance from which this article is derived and permitted outright in the underlying zone are permitted in the wellhead protection overlay district when no chemicals or other products are used, produced by, or commonly associated with the activity which, in the event of introduction of a large quantity thereof into the groundwater, might cause, materially contribute to, or create a material risk of, any adverse effect upon the city municipal water source.

b.

In order to justify a chance in permitted uses or the enlargement and alteration of permitted uses for a property, or portion of a property, a study shall be prepared under the supervision of a state registered professional engineer trained and experienced in hydrogeology, to examine the impact of the use upon the city municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in wellhead protection area, zone 1 and zone 2 reports, approved by the TDEC (November, 1995). The report from the study shall be submitted to the city engineer.

c.

To ensure that the quality of groundwater shall be maintained, a groundwater monitoring program shall be established as part of the report prepared pursuant to subsection (a)(2)b of this section. The program shall establish the number of wells to be installed, as well as the duration and frequency regarding the monitoring of the wells to be installed. All laboratory test results shall be submitted to the city engineer in order to ensure the city that satisfactory water is maintained.

(b)

Prohibited uses.

(1)

Within the wellhead protection overlay districts, uses prohibited in the underlying zoning district are also prohibited in the wellhead protection overlay districts.

(2)

The following uses remain prohibited in the wellhead protection overlay district even if they shall be allowed by right in the underlying zoning district:

a.

Manufacturing and production of hazardous materials, excluding production for on-site usage only. These materials include any hazardous substance or hazardous waste as listed in the following federal regulations:

1.

Superfund Amendments and Reauthorization Act (SARA) of 1986, section 302, Extremely Hazardous Substances List (40 CFR 300, appendices A and B);

2.

Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980, Hazardous Substances List (40 CFR 302, table 302.4);

3.

SARA of 1986, section 313, Toxic Chemicals List (40 CFR 372.45); and

4.

Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes List (P and U Categories) (40 CFR 261.33(e) and (f)).

Note: The lists referenced in subsection (b)(2)a of this section, are summarized on the Title III List of Lists, Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, published July 1987, U.S. EPA.

b.

Nuclear or radioactive materials or wastes.

(3)

The city shall maintain the right to determine and document, when necessary, the contaminants subject to the provisions of this division.

(4)

The uses prohibited by this overlay district represent the state of present knowledge and most common description of such uses. As other polluting uses are discovered, or other terms of description become necessary, it is the intention to add them to the list of uses prohibited by this overlay district. To screen for such other uses or terms for uses, no use shall be permitted in this overlay district without first submitting its building, site and operational plans for planning commission review and approval under section 23-643.

(5)

The uses prohibited by this overlay district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by that class of uses, which technology causes the uses as a class to be groundwater pollution risks. As the technology of identified use classes changes to nonrisk materials or methods, upon application for such a use, and after conferring with expert geological and other opinion, it is the intention to delete from the prohibited list, or allow conditionally, uses which demonstrate convincingly that they no longer pose a pollution hazard. Any request to delete a use from the prohibited list or allow a use conditionally, shall be accompanied by a study as required in subsection (a)(2)b of this section, to examine the impact of the use upon the city municipal water source, under reasonably possible hydrologic or geologic conditions. Technological evidence shall be based on the modeling techniques defined in wellhead protection area, zone 1 and zone 2 reports, approved by the TDEC (November, 1995). The report from the study shall be submitted to the city engineer.

(c)

Special exemptions and limited exclusions. Special exemptions and limited exclusions from the provisions of subsections (a) and (b) of this section are authorized for:

(1)

Fire, police, emergency medical services, emergency management center facilities, and public utilities.

(2)

Transportation of any regulated substances through wellhead protection area, zone 1, provided that the transporting vehicle is in continuous transit.

(3)

Storage of fuel and lubricants for vehicle operations, either in aboveground storage tanks meeting EPA regulations for such facilities or underground storage tanks meeting the requirements of this division (see 23-642(d)).

(4)

Use of certain regulated substances such as pesticides, herbicides and fungicides in recreational, agricultural, pest control and aquatic weed control activities shall be allowed, provided that:

a.

In all zones, the use is in strict conformity with the use requirements as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold;

b.

In a wellhead protection area, zone 1, the use of any of the regulated substances shall be flagged in the records of the certified operator supervising the use. The certified operator shall provide specific notification in writing to the applicators under his supervision that they are working at a site located in a wellhead protection area, zone 1, for which particular care is required. Records shall be kept of the date and amount of regulated substances used at each location. Records shall be made available for inspection by the city engineer;

c.

In wellhead protection area, zone 1, the regulated substances shall not be handled during use in a quantity exceeding 700 gallons of formulation; and

d.

All nonresidential uses of regulated substances in wellhead protection areas, zone 1 and zone 2, shall comply with all the provisions of this section. The use of regulated substances on nonresidential landscape areas smaller than 5,000 square feet shall be exempted from the provisions of this division. However, commercial, government institutional services or the railroad in all zones shall not be required to obtain individual licenses for every site at which they use the regulated substances, and these services shall be exempt from the provisions of this division with regard to the sites they serve provided the use is in accordance with subsections (c)(4)a, (c)(4)b and (c)(4)c of this section.

(5)

Use, storage, handling and/or production of regulated substances, associated with nonroutine maintenance or repair of property or equipment, shall not exceed:

a.

The aggregate of regulated substances in use, storage, handling and/or production not to exceed 50 gallons or 400 pounds at any time; and

b.

The total use, storage, handling and/or production of regulated substances not to exceed 100 gallons or 800 pounds in any 12-month period.

(6)

Regulated substances associated with medical and research laboratory uses shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance, and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

(7)

Regulated substances which are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

(8)

Regulated substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site, provided that such regulated substances do not pose a real and present danger of contaminating surface water and/or groundwater.

(9)

Office supplies that are used solely for the operation of on-site administrative offices, provided that such supplies are prepackaged in a form ready for use.

(10)

Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.

(11)

Geotechnical borings.

(12)

Residential activities.

(13)

Public utility emergency generating facilities above ground, except that permanently installed fuel storage facilities shall meet EPA regulations for such facilities.

(14)

The city may at its option delete, in whole or in part, any of the above-described exemptions, but in no case shall the city include any additional exemptions in the ordinance adopted, pursuant to this section, unless otherwise approved by the board of mayor and aldermen.

(d)

Performance standards. All permitted uses, special exemptions and limited exclusions may be approved by the planning commission, provided that they can meet performance standards outlined for the wellhead protection overlay district.

(e)

Nonconforming uses.

(1)

Nonconforming uses may continue in the overlay district in the form in which they exist at the time of the adoption of this ordinance from which this article is derived. Any change of title or right to possession shall not affect such continuation of an existing use. Whenever a nonconforming use has been abandoned for a period of one year, such use shall not thereafter be reestablished. Any future use shall only be in compliance with the provisions of this chapter. If such nonconforming use shall pose a direct hazard to the public water supply, the city may take any action permitted by law to abate the hazard.

(2)

An addition or expansion does not increase the nonconformity of the use or activity.

(3)

The expansion of the nonconforming use may not be for the purpose of changing that use to another nonconforming use unless the applicant can demonstrate that the new use poses a lesser threat to groundwater than the current use.

(Code 1986, § 25-375; Ord. No. 2024-16, (Att.), 10-18-24)

The provisions of this section shall apply exclusively to areas of wellhead protection overlay districts. In applying for a variance, the following additions apply:

(1)

Board of zoning appeals.

a.

The board of zoning appeals shall hear and decide appeals and requests for variances from the requirements of this chapter. The board of zoning appeals shall not consider any application for a variance from the provisions of this division until the planning commission has had an opportunity to review the application and make a written recommendation to the board of zoning appeals.

b.

Variances may be issued for the use of property within the city corporate limits, upon a determination from the board of zoning appeals, that the proposed use will not cause, materially contribute to or create a material risk or any adverse effect upon the city municipal water source, under reasonably possible hydrologic or geologic conditions. All technological evidence shall be based on the modeling techniques defined in wellhead protection area, zone 1 and zone 2 reports, approved by the TDEC (November, 1995).

c.

In reviewing a variance application, the board of zoning appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division; and:

1.

The practical difficulty and hardship on the property owner related to the use and enjoyment of the property caused by the regulation or restriction as enacted within the wellhead protection areas, zone 1 and zone 2.

2.

When it is alleged there is an error in any requirement, decision or determination made by the planning commission in the enforcement or administration of this division.

3.

That no variance may be requested nor granted as a means to circumvent the intentions of this division, or as a remedy for a violation of this division.

4.

May attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this division.

d.

In reviewing a variance application, the board of zoning appeals and the planning commission shall consider the recommendation of the Shelby County Groundwater Quality Control Board (SCGWQCB).

(Code 1986, § 25-376)

(a)

Use and storage of regulated substances in conjunction with municipal water supply and treatment activities shall not be restricted by this division.

(b)

Use of regulated substances in conjunction with public parks, playgrounds, golf courses and community centers shall be in accordance with the city parks and recreation maintenance plan.

(c)

Storage of fuel and lubricants for vehicle operations in conjunction with permitted uses shall be either in aboveground storage tanks meeting EPA regulations for such facilities or underground storage tanks meeting the requirements of this division. Underground storage tanks shall not be allowed in zone 1 areas. Underground storage tanks located in wellhead protection area, zone 2, shall meet all EPA regulations for underground storage tanks and be double wall with monitoring of the space between the tank walls. All piping shall be double wall. Groundwater monitoring shall be as per the current EPA regulation for underground storage tanks and shall include one monitoring well in the excavation where the tank is located. All monitoring results for underground storage tanks in a wellhead protection area, zone 2, (groundwater, product, vapor space, etc.), shall be provided to the department of environmental services and the department of community development on a monthly basis.

(d)

Notwithstanding other provisions of this division, nonconforming uses in this district presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (c) of this section and not exceeding the capacity of existing tanks. Replacement of underground tanks for regulated substances other than fuel and lubricants for vehicle operations is not permitted.

(e)

Storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district is prohibited.

(Code 1986, § 25-377)

(a)

Preliminary site plan.

(1)

The applicant shall submit a preliminary site plan application with the required documents and fees per the current checklist, describing the concept for the development of the entire tract to the planning commission. The preliminary site plan shall incorporate the recommendations of the planning commission as determined in any pre-application or sketch plan reviews.

(2)

The preliminary site plan shall:

a.

Be drawn to a scale of one inch equals 100 feet.

b.

Including the following:

1.

Existing and proposed roads;

2.

Landscaped buffer areas and planting screens;

3.

Curb cuts, drives and parking areas;

4.

Grading and drainage plan which shows the existing and proposed topography;

5.

Building lines and the location of all structures;

6.

The zoning of adjacent tracts;

7.

The names of the owners of all adjoining lots or tracts;

8.

A vicinity map which shows the location of the proposed development within the city;

9.

Proposed uses of lands and buildings;

10.

Conveyance of access rights to the city as required by the planning commission;

11.

Location of all existing public water supply wells within 1,000 feet;

12.

Location of wellhead protection zone 1 and zone 2 area within 500 feet of property; and

13.

Location of septic tanks (including size and capacity) and/or sewage lift stations, force mains and grease traps.

c.

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

d.

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

e.

Be prepared in a manner to permit it to be recorded upon arrival.

f.

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plans.

g.

Provide the regulations used to control the uses permitted in the project and the uses specifically prohibited.

h.

Provide a complete list of the types and volumes of all hazardous materials (including fuels) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use.

i.

Provide a description of the types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and nonsewage wastewater discharges.

j.

Provide plans and documents containing information to show compliance with the performance standards.

k.

Provide other additional information as may be required by reviewing agencies regarding: the proposed use, its potential impact to water quality, hydrogeologic information, monitoring and mitigation measures.

(b)

Final site plan.

(1)

After approval of the preliminary site plan, but prior to the issuance of any building permit and/or commencement of construction, the applicant shall submit to the planning commission a final plan application request with the required documents and fees in the current checklist, covering the entire tract or that portion proposed for development.

(2)

The final site plan shall:

a.

Be drawn to a scale of one inch equals 100 feet.

b.

Include the following:

1.

Existing and proposed roads and drainage.

2.

Landscaped buffer areas and planting screens.

3.

Curb cuts, drives and parking areas.

4.

Grading and drainage plan which shows the existing and proposed topography.

5.

The total square footage of building or structure provided.

6.

Building lines and location of all structures.

7.

The total square footage of building or structure provided.

8.

The zoning of adjacent tracts.

9.

The names of the owners of all adjacent lots or tracts.

10.

A vicinity map which shows the location of the proposed development within the city.

c.

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct, and that all encroachments, easements and rights-of-way are shown.

d.

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

e.

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

f.

Provide the regulations used to control the uses permitted in the project and the uses specifically prohibited.

g.

Provide a complete list of the types and volumes of all hazardous materials (including fuel) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use.

h.

Provide a description of the types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and nonsewage wastewater discharges.

i.

Provide plans and documents containing information to show compliance with the performance standards.

j.

Provide other additional information as may be required by reviewing agencies regarding: the proposed use, its potential impact to water quality, hydrogeologic information, monitoring and mitigation measures.

(3)

The applicant may, if desired, submit only one final site plan for the purpose of securing approval of the development plan if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(Code 1986, § 25-378; Ord. No. 2023-20, (Att.), 11-13-23)

The Forest Hills Corridor Overlay District boundaries are described as follows:

Commencing at a point, said point being the intersection of the north right-of-way line of the Norfolk Southern Railroad with the projected east property line (Lot No. 1) of the Oak Manor Subdivision, said point being the point of beginning; thence southwardly across said railroad to a point, said point being in the south right-of-way line of the Norfolk Southern Railroad right-of-way and also being the northeast property corner of Lot No. 1 of the Oak Manor Subdivision, as recorded in Plat Book 80, page 36, at the Shelby County Register's Office; thence southwardly along the east boundary line of the Oak Manor Subdivision a distance of approximately 420 feet to a point; thence eastwardly along the north property line of Lot No. 3 of said subdivision a distance of approximately 105 feet to a point; thence continuing southwardly along the east boundary line of said subdivision a distance of approximately 667.50 feet to a point, said point being the southeast property corner of said subdivision; thence westwardly along the south boundary line of said subdivision a distance of approximately 1,049.76 feet to a point, said point being the southwest property corner of said Oak Manor Subdivision and also being in the east boundary line of Aintree Farms P.D. as recorded in Plat Book 134, page 67 at the Shelby County Register's Office; thence southwardly along said boundary line a distance of approximately 1,032 feet to a point, said point being the southeast property corner of the Aintree Farms P.D. and the northeast property corner of the Southwind Development; thence southwardly along the east boundary line of the Southwind Development a distance of approximately 674 feet to a point; thence eastwardly along the boundary of said development a distance of approximately 195 feet to a point, said point being in the east boundary line of the Southwind Development; thence southwardly along the east boundary line of said development a distance of approximately 1,190 feet to a point, thence eastwardly along the south boundary line of the Bridge Forest Subdivision a distance of approximately 328 feet to point; thence southwardly a distance of approximately 1,410 feet to a point, said point being the intersection of said line with the north right-of-way line (present and future) of Winchester Road; thence eastwardly along the north right-of-way line (present and future) of Winchester Road to the west right-of-way line (present and future) of Forest Hill-Irene Road a distance of approximately 888 feet to a point, said point being the intersection of the west right-of-way line (present and future) of Forest Hill-Irene Road with the north right-of-way line (present and future) of Winchester Road; thence southwardly along the west right-of-way line (present and future) of Forest Hill-Irene Road across Winchester Road a distance of approximately 4,440 feet to a point, said point being the intersection of the west right-of-way line (present and future) of Forest Hill-Irene Road with the north top of bank (present and future) of Nonconnah Creek a distance of approximately 5,670 feet to a point, said point being the intersection of the north top of bank (present and future) of said creek and the west property line of Tax Parcel Number DO2-43-00286; thence northwardly along the west property line of said parcel a distance of approximately 2,450 feet to a point, said point being the intersection of the northwest property corner of Tax Parcel Number DO2-43-00286 and the southwest property corner of Tax Parcel Number D02-43-00102; thence northwardly along the west property line of said parcel a distance of approximately 1,850 feet to a point, said point being the intersection of the west property line of Tax Parcel Number DO2-43-00102 and the north easement line (100 feet wide) of Memphis Light, Gas & Water; thence westwardly along the north easement line a distance of approximately 200 feet to a point, said point being the southeast property corner of Tax Parcel Number DO2-43-00307; thence northwesterly along the east property line of said parcel a distance of approximately 1,218 feet to a point; thence continuing northwardly a distance of approximately 800 feet to a point; thence eastwardly a distance of approximately 700 feet to a point, said point being in the east easement line (100 feet wide) of Memphis, Light, Gas & Water; thence northwardly along said easement line of MLG&W across Winchester Road a distance of approximately 510 feet to a point, said point being in the north right-of-way line (present and future) of Winchester Road; thence eastwardly along the north right-of-way line a distance of approximately 492 feet to a point, said point being the intersection of the north right-of-way of Winchester Road with the east property line of the outline plan of the Gardenia Court P.D.; thence northwardly along said east property line a distance of approximately 900 feet to a point, said point being the northeast corner of said property; thence northwardly approximately 1,050 feet to a point of deflection; thence northeastwardly across Norfolk Southern Railroad to said railroad north right-of-way line a distance approximately 930 feet to a point, said point being in the north right of way line of the Norfolk Southern Railroad; thence northwestwardly along said right-of-way line and along a curve to the left across Forest Hill-Irene Road a distance of approximately 9,070 feet to a point, said point being the intersection of the north right-of-way line of the Norfolk Southern Railroad right-of-way with the projection of the east property line (Lot No. 1) of the Oak Manor Subdivision and the point of beginning (approximately 1,450 acres).

(Ord. No. 2002-11, 9-9-02)

(a)

The Forest Hills Corridor Overlay District is designed to foster economic development through the creation of a unique technology corridor in a comprehensive planned environment.

(b)

It is the intent of this division to encourage: the location and growth of globally competitive, technology-based companies; intergovernmental cooperation through a metropolitan perspective; synergy among a diverse group of corporate entities; a strong sense of physical character which provides identity to the corridor; a uniform financial incentive package sensitive to the needs of all jurisdictions; a comprehensive plan that provides an interconnected system of compatible uses, open space and vehicle/pedestrian circulation; environmental stewardship through protection of the natural environment; public/private partnerships for public improvements; design guidelines that provide innovative architectural, design and planning solutions; technology-oriented education facility(s); and quality of life amenities to meet the needs of the workforce.

(Ord. No. 2002-11, 9-9-02)

(a)

Forest Hills Corridor Overlay District designation. To indicate the Forest Hills Corridor Overlay District, the prefix "FH" shall be added on the official zoning districts.

(b)

Uses and regulations. Within the Forest Hills Corridor Overlay District, the permitted uses and regulations shall be those of the underlying zoning districts.

(c)

Prohibited uses. Within the Forest Hills Corridor Overlay District, uses prohibited in the underlying zoning districts are also prohibited in the Forest Hills Corridor Overlay District.

(Ord. No. 2002-11, 9-9-02)

Prior to the issuance of a building permit or construction contract for nonresidential projects within the Forest Hill Corridor Overlay District, they shall be reviewed and constructed in accordance with the design standards (including but not limited to height, bulk, yard, access, parking and other minimum standards) contained in this zoning chapter and the portion of the design guidelines manual designated Forest Hills Corridor Overlay District, the provisions of both, as the same may change from time to time, which are hereby adopted by reference.

(Ord. No. 2002-11, 9-9-02)

The regulations set forth in this division shall apply to the district designation of the O-T Office-Technology district. The purpose of the O-T Office-Technology district is to provide areas for general offices as well as technology production, development and testing, for biotechnology, biomedical, software and hardware development, and electronics. Sites presently appropriate for this designation are located within the Forest Hill Technology Corridor and within the Wolf River Blvd. Medical Corridor.

(Ord. No. 2012-14, § 2, 11-12-12)

Within the districts designated as O-T Office-Technology districts, the following activities are permitted:

(1)

Financial, insurance and real estate services such as, but not limited to, banks, credit companies and insurance and real estate offices.

(2)

Professional services such as, but not limited to, architectural, accounting, legal and engineering services.

(3)

Medical services such as, but not limited to, doctors' offices and dentists' offices.

(4)

General offices.

(5)

Wireless transmission facilities.

(6)

Laboratory, support.

(7)

Laboratory, testing.

(8)

Laboratory, research.

(9)

Accessory buildings and uses customarily incidental to such uses including, but not limited to, interior storage, loading dock(s) and light assembly associated with research and development functions.

(10)

Health care facility.

(11)

Medical office/services.

(Ord. No. 2012-14, § 2, 11-12-12; Ord. No. 2014-11, § 2, 10-13-14; Ord. No. 2024-16, (Att.), 10-18-24)

(a)

Any applicant for O-T rezoning shall submit an application and a concept plan that complies with the submittal policies and requirements of the Department of Economic and Community Development. At a minimum, the following shall be submitted:

(1)

Existing and proposed roads and drainage.

(2)

General landscaped areas and planting screens.

(3)

Curb cuts and drives.

(4)

Building setback lines.

(5)

The relation of the proposed development to:

a.

The existing street system.

b.

The immediate and surrounding use districts.

c.

Adjacent tracts.

d.

Zoning of adjacent tracts.

e.

The names of the owners of all adjoining lots or tracts.

(c)

Approval of the application and concept plan by the planning commission shall constitute a recommendation to the board of mayor and aldermen to rezone to O-T all property included on the sketch plan not already zoned O-T. Following planning commission approval of the concept plan, notices and publication of public hearings shall be initiated and shall conform to the rules of the board of mayor and aldermen and the amendment provisions of this chapter as set forth in article II, division 3. Upon completion of the required public hearing, the board shall approve or disapprove the zoning.

(Ord. No. 2012-14, § 2, 11-12-12; Ord. No. 2023-20, (Att.), 11-13-23)

(a)

After approval of the concept plan and the establishment of the O-T zoning district, but prior to the issuance of any building permit or construction contract for development of an existing O-T district, the applicant shall submit an application request with the required documents and fees per the current checklist and have approved by the planning commission a final site plan covering the entire tract or that portion to be developed.

(b)

The final site plan shall comply with the submittal policies and requirements of the Department of Economic and Community Development.

(1)

At a minimum, the following shall be submitted:

a.

Existing and proposed roads and drainage.

b.

Landscaped areas and planting screens.

c.

Curb cuts, drives and parking areas.

d.

Building lines and the location of all structures.

e.

The total square footage to be used as office space.

f.

The total square footage of the parking areas provided.

g.

The zoning of adjacent tracts.

h.

The names of the owners of all adjoining lots or tracts.

i.

A vicinity map which shows the location of the proposed development within the city.

(2)

Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.

(3)

Provide a form for certification of approval by the planning commission by the secretary of the planning commission.

(4)

Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan and dedicate the streets as shown on the plan and agree to make any required improvements to adjacent streets as shown on the plan.

(c)

The applicant may, if desired, submit only one final site plan for the purpose of both securing approval of the development plan, if the plan submitted complies with all the requirements of the final site plan. The planning commission may grant final approval to such a plan after only one review.

(Ord. No. 2012-14, § 2, 11-12-12; Ord. No. 2023-20, (Att.), 11-13-23)

The aggregate of all buildings in the O-T district shall not exceed 25 percent of the entire lot area of the project.

(Ord. No. 2012-14, § 2, 11-12-12)

The yard requirements in the O-T district shall be as follows:

(1)

Front yard.

a.

There shall be a 60-foot building setback for buildings with a maximum building height of 35 feet on lots that provide for parking within the required front yard. Parking shall not be permitted in the first 20 feet adjacent to the proposed right-of-way.

b.

There shall be a 40-foot building setback for buildings with a maximum building height of 35 feet on lots that do not have facilities for parking within the required front yard.

c.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all zoning districts.

d.

No accessory building shall project beyond the front line of the building on any street.

e.

On a corner lot no structure, planting, sign or object of natural growth which obstructs visibility shall be placed or permitted to remain within a triangle formed by connecting the three points which are the intersection of the extension of the adjacent rights-of-way and the points 50 feet from the intersection, along each right-of-way line. A structure, planting, sign or object of natural growth, excluding trees, between the heights of 30 inches to 96 inches, shall be deemed as obstructing visibility. This measurement shall be made from the top-of-curb.

(2)

Side yards.

a.

There shall be a required side yard of 50 feet for buildings with a maximum building height of 35 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required side yard of not less than 30 feet for buildings with a maximum building height of 35 feet on each side of the lot adjoining a multifamily district (R-T, PUD).

c.

There shall be a required side yard of not less than 20 feet for buildings with a maximum building height of 35 feet on each side of the lot when adjoining all other business uses (C-1, C-2, SC-1, O).

d.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all agricultural and all residential districts, including planned unit developments.

(3)

Rear yards.

a.

There shall be a required rear yard of 50 feet for buildings with a maximum building height of 35 feet when adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

b.

There shall be a required rear yard having a depth of not less than 15 feet for buildings with a maximum building height of 35 feet, except that there shall be a rear yard having a depth of not less than 30 feet when it adjoins a multifamily district (R-T, PUD).

c.

There shall be a required rear yard for buildings with a maximum building height of 35 feet having a width of not less than 15 feet on lots adjoining other business uses.

d.

All buildings which exceed 35 feet in height shall have a minimum building setback equal to 50 feet, plus three feet of horizontal distance for every one foot of vertical distance in excess of 35 feet when adjoining all agricultural and all residential districts, including planned unit developments.

(Ord. No. 2012-14, § 2, 11-12-12)

(a)

Any part of the project area not used for buildings or other structures, parking, loading and accessways in the O-T district shall be landscaped with grass, trees, shrubs and pedestrian walks. The landscaped area shall be sufficient to ensure adequate buffering and meet aesthetic and design requirements as set forth by the design review commission.

(b)

Within the required side yards, a planting screen of sufficient length to obstruct the view from any residential district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3, R-T, PUD) shall be required.

(1)

There shall be a planting screen of at least 25 feet in width adjoining a single-family or two-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

(2)

There shall be a planting screen of at least 15 feet in width adjoining a multifamily district (R-T, PUD).

(Ord. No. 2012-14, § 2, 11-12-12)

No structure in the O-T district, including a penthouse, bulkhouse, or any other similar protection above the roof, shall exceed 51 feet in height, as measured from the average of the finished ground elevations of the building. This limitation shall not apply to flagpoles, provided that they comply with the provisions of all pertinent codes and ordinances, and provided further that they are located a distance equal to their own height, plus ten feet from the nearest property line.

(Ord. No. 2012-14, § 2, 11-12-12)

The following provisions for off-street parking are required in the O-T district in order to provide parking spaces of all public ways; to give necessary ingress and egress; to reduce traffic congestion caused by parking in public ways; and to prevent commercial traffic from parking on residential streets surrounding the O development, thus to promote and protect the public health, safety and general welfare. Off-street parking space shall be provided on the same lot as the principal building in accordance with the following minimum requirements:

(1)

At least one off-street parking space shall be provided for each 200 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Real estate offices;

b.

General office;

c.

Medical services: Doctors' offices, dentists' offices; and

d.

Professional services such as, but not limited to, architectural, accounting, legal and engineering services.

(2)

At least one off-street parking space shall be provided for each 300 square feet of gross floor area for the following uses. Measurements representing 50 percent or more of the specified number of square feet of gross floor shall require an additional parking space.

a.

Insurance offices; and

b.

Security brokers.

(3)

Banks/savings and loan associations: At least one off-street parking space shall be provided for every 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle.

(4)

Laboratories (research, testing or support): At least one off-street parking space shall be provided for every 200 square feet of gross floor area devoted to office functions plus one space per every three employees on the shift with the greatest number of employees.

Any permitted uses not specifically listed: At least one off-street parking space shall be provided for each 200 square feet of gross floor area, plus four queue spaces for each drive-in aisle. Measurements representing 50 percent or more of the specified number of square feet of gross floor area shall require an additional parking space.

(5)

Loading requirements: Business uses shall provide one space with minimum dimensions of ten by 55 feet for loading or unloading of trucks, either within the building or on the same lot for the first 10,000 square feet or total floor area in the building. Additional loading space shall be subject to the approval of the planning commission at the time of site plan approval.

(6)

General:

a.

Parking shall not be located within the proposed right-of-way.

b.

Parking or paved areas shall not be permitted with 35 feet of any single-family district (R-E-10, R-E, R-E-1, R, R-1, R-2, R-3).

c.

Parking or paved areas shall not be permitted within 20 feet of any multifamily district (R-T, PUD).

d.

Parking racks for bicycles shall be provided at a ratio of one bicycle space per 20 motor vehicle spaces (1:20). No more than 20 spaces shall be required for any project.

(Ord. No. 2012-14, § 2, 11-12-12; Ord. No. 2024-16, (Att.), 10-18-24)

Floor area devoted to storage shall be subordinate in area, height and extent to the principal use. All areas used for storage shall be completely contained within the principal building. No temporary or moveable structures shall be used for storage purposes.

(Ord. No. 2012-14, § 2, 11-12-12)

No outside display and/or storage of merchandise shall be permitted in the O-T district.

(Ord. No. 2012-14, § 2, 11-12-12)