For the purpose of this chapter, the city is divided into 12 districts which shall be designated as follows:

R-1A single-family residential district—low density

R-1B single-family residential district—low density R-1C single-family detached residential

R-2 single-family and two-family residential district—medium density

R-3 multifamily residential district—high density

R-3A high density limited multifamily residential district OR office residential district

C-1 central business district

C-2 commercial/office district

C-3 highway oriented commercial district LI light industrial district

AG agricultural district

(Res. No. 24-10, att., 9-19-2023)

The location and boundaries of such districts shall be as shown on the "Zoning Map of the City of Glennville, Georgia" of file in the clerk's office. The official map and all the notations, references and other data thereon shall be as much a part of this section as if fully described herein. The official zoning map shall be hung in city hall and shall be available for inspection by the general public.

(Res. No. 24-10, att., 9-19-2023)

The boundaries between districts are, unless otherwise indicated, either the centerlines of streets, lanes, watercourses, rights-of-way of power lines and other public utilities or such lines extended or lines parallel thereto. Where the boundaries of a single district are indicated as including directly opposite sides of a street, lane, lake or watercourse, or right-of-way of a power line of other public utility, for any portion of its length, the district so indicated shall be construed to apply to the entire bed of such street, lane, lake or watercourse, or right-of-way of such power line, railroad or other public utility, lying within such portion of its length. Where uncertainty exists as to the location of any said boundaries as shown on the zoning map, the following rules shall apply:

(1)

Where a district boundary is indicated approximately following the centerline of a street, lane, lake or watercourse, or right-of-way of a power line or other public utility, such centerline shall be construed to be such boundary.

(2)

Where a district boundary is indicated as approximately following a lot line or other property line, such lot lines shall be construed to be such boundary.

(3)

Where a district boundary divides a lot or runs through undivided property, the location of such boundary, unless otherwise specified by figures on the zoning map, shall be determined by the use of the scale appearing on said map.

(4)

Where figures are shown on the zoning map between a street and a district boundary, these shall indicate that the district boundary runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated, unless otherwise specified. Where scaled distances do not agree within such figures, the figures shall control.

(Res. No. 24-10, att., 9-19-2023)

Whenever federal-owned or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as permitted by the constitution and laws of the United States of America and the state.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to R-1A residential districts to establish reasonable standards of performance and selection of uses permitted therein, in order to maintain and protect the desirable benefits of single-family detached residential uses have through the community. In an R-1A residential district the following regulations of this district shall apply.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-1A district may be erected, altered, used or occupied for any of the following purposes and no other:

(1)

Single-family detached dwelling units, excluding manufactured homes and modular homes, provided that the housing standards of section 62-214 are met.

(2)

Nursery, greenhouse, and non-commercial recreational use including tot lots, playgrounds and ball fields.

(3)

Educational and philanthropic use, excluding correctional or penal institutions.

(4)

Hospitals.

(5)

Churches, provided that:

a.

They are located on a major or collector street.

b.

The buildings are placed not less than 50 feet from any property line.

c.

There is a planted buffer strip at least ten feet wide along the side and rear property lines.

(6)

Public utility facility if essential for the service to the zoning district in which it is proposed to be located, provided that:

a.

The structures are placed not less than 50 feet from any property line.

b.

No vehicles or equipment are stored on the premises.

c.

There is a planted buffer strip at least ten feet wide.

d.

City-owned lift stations and well houses shall not be subject to setback limitations.

(7)

A cemetery, provided that the parcel devoted to such purpose shall contain not less than ten acres.

(8)

Municipal, county, state or federal use, excluding sanitary landfills and storage yards.

(9)

Nursery schools, day nurseries and child care centers (not including dormitories); provided, however, that for each child cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district.

(10)

Accessory uses on the same lot with and customarily incidental to any permitted use.

(11)

Home occupations as defined herein and described in section 62-147, but including a beauty parlor or barber shop limited to only one chair.

(12)

Church bulletin boards not exceeding 12 square feet in area.

(13)

Agriculture, but not including the commercial raising of livestock or poultry.

(14)

Signs when erected and maintained in accordance with article VI of this chapter.

(15)

Temporary placement of a manufactured or mobile home, including a single-wide, when authorized as a special exception for a disaster-related hardship by the planning commission and the city council in accordance with division 2, article II of this chapter, and provided that the following conditions are also met:

a.

A special exception may be granted to allow temporary placement of a manufactured or mobile home in the event a natural disaster, such as fire, wind or flooding, does such damage to an existing home that it is rendered uninhabitable for a period of time.

b.

The special exception would only be for the period of time to allow the property owner to restore the dwelling to a livable condition or make other arrangements.

c.

In no event, may the period of time allowed for the special exception exceed three years, or restoration of the original dwelling, whichever comes first.

d.

The manufactured or mobile home allowed as a temporary placement under the special exception shall be removed no later than three months after expiration of the special exception as determined above.

e.

The manufactured or mobile home allowed as a temporary placement as a special exception may only be occupied by the property owner.

f.

Mobility of the manufactured or mobile home shall be maintained.

g.

This special exception shall not apply to new construction on an empty lot.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Regulations as to the area, yard, and height requirements of the R-1A district are outlined in Table 1 at the end of this article.

(Res. No. 24-10, att., 9-19-2023)

Dwelling units in the R-1A district shall comply with the following minimum standards:

(1)

The structure shall be of such size so that each dwelling unit shall be a minimum of 20 feet in width and a minimum of 40 feet in length.

(2)

The roof shall have a minimum two to 12 pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, metal, slate or built-up gravel materials.

(3)

The exterior siding material shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap, or other materials of like appearance.

(4)

The structure must be attached to a permanent foundation in accordance with the building codes of the city.

(5)

The area beneath the structure shall be enclosed with a facing of brick, stucco, concrete, stone, metal, vinyl, wood, or like materials approved by the building inspector or the city manager's designee.

(6)

Each exterior door must have compatible steps, porches or landings adjacent to the threshold, and these steps, porches or landings shall be constructed in accordance with the building codes of the city.

(7)

The structure shall be connected with an approved water source, sewage disposal system, and electrical service as required, inspected, and approved by the city.

(8)

The structure shall be oriented on the lot so that its front faces a street, and is similarly oriented as adjacent structures.

(9)

In addition to the above standards, the structure must be of such like size, materials, and general appearance as to be compatible and harmonious with adjacent structures and the neighborhood.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to R-1B residential districts to establish reasonable standards of performance and selection of uses permitted therein, in order to maintain and protect the desirable benefits which single-family detached residential uses have throughout the community. In an R-1B residential district the uses of this division shall be permitted.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-1B district may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

Any use permitted in the R-1A residential district, subject to the housing standards of section 62-214.

(2)

Signs when erected and maintained in accordance with article VI of this chapter.

(Res. No. 24-10, att., 9-19-2023)

Regulations as to area, yard, and height requirements for the R-1B district are outlined in Table 1 at the end of this article.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to R-1C residential districts to establish reasonable standards of performance and selection of uses permitted therein, in order to maintain and protect the desirable benefits which single-family detached residential uses have throughout the community. In an R-1C residential district the uses of this division shall be permitted.

(1)

Any use permitted in the R-1B residential district, subject to the housing standards of section 62-214.

(2)

Signs when erected and maintained in accordance with article VI, of this chapter.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-1C district may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

Any use permitted in the R-1B residential district, subject to the housing standards of section 62-214.

(2)

Signs when erected and maintained in accordance with article VI of this chapter.

(Res. No. 24-10, att., 9-19-2023)

Regulations as to area, yard, and height requirements for R-1C district are outlined in Table 1 at the end of this article.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to the R-2 residential districts to establish reasonable standards of performance and selection of uses permitted therein, in order to maintain and protect the desirable benefits which single-family and two-family residential uses have throughout the community. In an R-2 residential district, the uses of this division shall be permitted.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-2 district may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

Any use permitted in the R-1C residential district, provided that the housing standards of section 62-264 are met.

(2)

Two-family dwelling units, provided that the housing standards of section 62-264 are met.

(3)

Signs when erected and maintained in accordance with article VI of this chapter.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Regulations as to area, yard, and height requirements for the R-2 district are outlined in Table 1 at the end of this article.

(Res. No. 24-10, att., 9-19-2023)

Dwelling units in the R-2 district shall comply with the following minimum standards:

(1)

The structure shall be of such size so that each dwelling unit shall be a minimum of 20 feet in width and a minimum of 40 feet in length.

(2)

The roof shall have a minimum two to 12 pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, metal, slate or built-up gravel materials.

(3)

The exterior siding material shall consist of wood, masonry, concrete, stucco, Masonite, metal or vinyl lap, or other materials of like appearance.

(4)

The structure must be attached to a permanent foundation in accordance with the manufacturer's requirements and those of the building codes of the city.

(5)

The structure must not have any attached means of transporting, such as axles, wheels, pulling tongues or hitches.

(6)

The area beneath the structure shall be enclosed with a facing of brick, stucco, concrete, stone, metal, vinyl, wood or like materials approved by the building inspector or the city manager's designee.

(7)

Each exterior door must have compatible steps, porches or landings adjacent to the threshold, and these steps, porches or landings shall be constructed in accordance with the building codes of the city.

(8)

The structure shall be connected with an approved water source, sewage disposal system, and electrical service as required, inspected, and approved by the city.

(9)

The structure shall be oriented on the lot so that its front faces a street and is similarly oriented as adjacent structures.

(10)

In addition to the above standards, the structure must be of such like size, materials and general appearance as to be compatible and harmonious with adjacent structures and the neighborhood.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to R-3 residential districts to establish reasonable standards of performance and selection of permitted uses therein, in order to maintain and protect the desirable benefits which single-family, two-family and multifamily residential uses have throughout the community; and to ensure that proposed development will constitute a residential environment and sustained desirability and stability and not produce a volume of traffic in excess of the capacity for which access streets are designed.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-3 district may be erected or used, and a lot may be used or occupied for the following purposes, and no other, provided that the requirements of this section are met:

(1)

Multifamily or apartment building or buildings which constitute a single operating or proprietary unit.

(2)

Any use permitted in an R-2 district, subject to the housing standards of section 62-264.

(3)

Accessory uses customarily incidental to the above uses.

(4)

Governmental buildings, health clinics and hospital.

(5)

Fraternal organizations and clubs not operated for profit, provided that:

a.

They are located on a major or collector street.

b.

The buildings are placed not less than 50 feet from any property line.

c.

There is a planted buffer strip at least ten feet wide along the side and rear lot lines.

(6)

Funeral parlors.

(7)

Signs when erected and maintained in accordance with article VI of this chapter.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Regulations as to area, yard, and height requirements of the R-3 district are outlined in Table 1 at the end of this article, except the following additional requirements shall apply to multifamily or apartment uses:

(1)

Dwelling units per acre. There shall be no more than ten dwelling units per developable acre.

(2)

Front yard. There shall be a front yard on each lot which shall be not less than 30 feet in depth.

(3)

Side and rear yards. No building shall be located closer than 30 feet of a side or rear property line adjacent to a less dense residential district, or within 25 feet of any property line.

(4)

Distance between buildings. The distance, at the closest point, between any two buildings of a group of apartments shall not be less than ten feet.

(5)

Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with city specifications. All drivers and parking areas shall be curbed.

(6)

Access. Provision shall be made for safe and efficient ingress and egress to and from streets and highways to service the apartments without undue congestion to or interference with normal traffic flow.

(7)

Utilities. No development shall be permitted unless public water supply and sanitary sewage is supplied.

(8)

Plan. The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.

(9)

Recreation. The developer shall provide community areas, playgrounds, and other services necessary for the comfort and convenience of apartment residents.

(Res. No. 24-10, att., 9-19-2023)

It is the intent of this division with respect to R-3A residential districts to establish reasonable standards of performance and selection of permitted uses therein, in order to maintain and protect the desirable benefits of multifamily residential uses have throughout the community; and to ensure that proposed development will constitute a residential environment and sustained desirability and stability and not produce a volume of traffic in excess of the capacity for which access streets are designed.

(Res. No. 24-10, att., 9-19-2023)

A building in the R-3A district may be erected or used, and a lot may be used or occupied for the following purposes, and no other, provided that the requirements of this section are met:

(1)

Multifamily or apartment building or buildings which constitute a single operating or proprietary unit.

(2)

Accessory uses customarily incidental to the above uses.

(3)

Signs when erected and maintained in accordance with article VI of this chapter.

(4)

A manufactured home or modular home on an individual lot, provided that the housing standards of section 62-264 are met.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Dwelling units in the R-3A district shall comply with the following minimum standards:

(1)

The structure shall be of such size so that each dwelling unit shall be a minimum of 20 feet in width and a minimum of 40 feet in length.

(2)

The roof shall have a minimum two to 12 pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, metal, slate or built-up gravel materials.

(3)

The exterior siding material shall consist of wood, masonry, concrete, stucco, Masonite, metal or vinyl lap, or other materials of like appearance.

(4)

The structure must be attached to a permanent foundation in accordance with the manufacturer's requirements and those of the building codes of the city.

(5)

The structure must not have any attached means of transporting, such as axles, wheels, pulling tongues or hitches.

(6)

The area beneath the structure shall be enclosed with a facing of brick, stucco, concrete, stone, metal, vinyl, wood or like materials approved by the building inspector or the city manager's designee.

(7)

Each exterior door must have compatible steps, porches or landings adjacent to the threshold, and these steps, porches or landings shall be constructed in accordance with the building codes of the city.

(8)

The structure shall be connected with an approved water source, sewage disposal system, and electrical service as required, inspected, and approved by the city.

(9)

The structure shall be oriented on the lot so that its front faces a street and is similarly oriented as adjacent structures.

(10)

In addition to the above standards, the structure must be of such like size, materials and general appearance as to be compatible and harmonious with adjacent structures and the neighborhood.

(Res. No. 25-21, 1-7-2025)

Regulations as to area, yard, and height requirements of the R-3A district are outlined in Table 1 at the end of this article, except the following additional requirements shall apply to multifamily or apartment uses:

(1)

Dwelling units per acre. There shall be no more than ten dwelling units per developable acre.

(2)

Front yard. There shall be a front yard on each lot which shall be not less than 25 feet in depth.

(3)

Side and rear yards. No building shall be located closer than 30 feet of a side or rear property line adjacent to a single-family residential district, or within 20 feet of any property line.

(4)

Distance between buildings. The distance, at the closest point, between any two buildings of a group of apartments shall not be less than ten feet.

(5)

Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with city specifications. All drives and parking areas shall be curbed.

(6)

Access. Provision shall be made for safe and efficient ingress and egress to and from streets and highways to serve the apartments without undue congestion to or interference with normal traffic flow.

(7)

Utilities. No development shall be permitted unless public water supply and sanitary sewage is supplied.

(8)

Plan. The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.

(9)

Recreation. The developer shall provide community areas, playgrounds, and other services necessary for the comfort and convenience of apartment residents.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Editor's note— Res. No. 25-21, adopted Jan. 7, 2025, renumbered the former § 62-302 as § 62-303 and enacted a new § 62-302 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The legislative intent of this OR district is to provide for a mixture of restricted type office and business development with existing residential development, to protect existing residences, and to provide for their orderly development. A primary purpose of this OR district is to provide a buffer and transition between purely business and purely residential uses.

(Res. No. 24-10, att., 9-19-2023)

A building in the OR district may be erected, altered or used, and a lot may be used or occupied for any of the following purposes and no other:

(1)

Reserved.

(2)

Professional or business offices.

(3)

Family day care homes.

(4)

Agencies, studios, schools.

(5)

Social or fraternal lodge or club.

(6)

Financial institutions.

(7)

Municipal, county, state or federal buildings.

(8)

Public utility facilities.

(9)

Restaurants, catering establishments, and bed and breakfast inns utilizing rehabilitated existing dwellings.

(10)

Customary accessory uses and structures, when located on the same lot as the main structure and clearly incidental to the principal use, excluding open storage.

(Res. No. 24-10, att., 9-19-2023)

Minimum regulations for building heights, lot area, yards, building line and building coverage in the OR district shall be in conformity with the requirements of the adjoining residential zone, provided that in the case of two or more surrounding zones the lot area, yard size and setback distances of the least restrictive residential zone shall apply. Off-street parking shall be provided as required in article V of this chapter.

(Res. No. 24-10, att., 9-19-2023)

The purpose of the C-1 central business district is to provide for the orderly development of a major business and commerce area of the city in accordance with the objectives, policies and proposals of the future land use plan of the city. The development of this C-1 district shall be directed as to the plans and redevelopment proposals heretofore shown in the future land use plan and studies which may subsequently follow. The logical and timely development of land for business purpose is herein a stated purpose of this C-1 district. The C-1 district proposes to permit a uniformity of design to ensure the orderly arrangement of buildings, land uses and parking areas, and all construction hereafter proposed for this area shall be related to this objective. The architectural and design arrangement of buildings are encouraged to conform to the general character and plans of the central business district.

(Res. No. 24-10, att., 9-19-2023)

A building may be erected, altered or used and a lot may be used or occupied in the C-1 district for any of the following purposes and no other:

(1)

Retail establishments for the sale of dry goods, variety and general merchandise, clothing, food, drugs, furnishings, or other household supplies, sale and repair of jewelry, watches, clocks, optical goods or musical professional or scientific instruments.

(2)

Business or professional office, studio, bank, savings and loan association, financial institution, municipal use excluding a dump.

(3)

Office buildings.

(4)

Restaurant, tea room, retail bakery, confectionery or ice cream shop, or other places serving food or beverages.

(5)

Florist shop.

(6)

Personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking or similar shop.

(7)

Indoor theater or other place of indoor amusement or recreation.

(8)

Newspaper publishing, job printing.

(9)

Hotel or motel.

(10)

Parking lot, not to include automobile junkyard.

(11)

The following uses when authorized as a special exception:

a.

Any use of the same general character as any of the uses hereinbefore specifically permitted without requirements of a special exception.

b.

Laundry or dry cleaning establishments.

(12)

Signs subject to the provisions of article VI of this chapter.

(13)

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses.

(14)

Public utility structures.

(15)

Churches.

(16)

Wholesale and storage businesses excluding building materials yard.

(Res. No. 24-10, att., 9-19-2023)

Regulations as to height and yard requirements for the C-1 district are outlined in Table 1 at the end of this article.

(Res. No. 24-10, att., 9-19-2023)

The purpose of the C-2 district is to establish and preserve areas for those commercial facilities which were especially useful in close proximity to residential areas while minimizing the undesirable impact of such uses on the surrounding neighborhood.

(Res. No. 24-10, att., 9-19-2023)

A building may be erected, altered or used, and a lot may be used or occupied in the C-2 district, for any of the following purposes and no other:

(1)

Any use specifically permitted in a C-1 district.

(2)

Funeral parlors.

(3)

Veterinarian hospitals and kennels.

(4)

Bus terminals.

(Res. No. 24-10, att., 9-19-2023)

Regulations as to area, yard, and height requirements for the C-2 district are outlined in Table 1 at the end of this article, except, on a side yard which abuts a residential district, the side yard abutting such district shall have a width of no less than that required in such adjoining district.

(Res. No. 24-10, att., 9-19-2023)

(a)

Provision shall be made for safe and efficient ingress and egress to and from public roads serving the C-2 district without undue congestion to or interference with normal traffic flow.

(b)

Lighting facilities shall be arranged in a manner which will protect the roadway and neighboring properties in the C-2 district from unreasonable direct glare or hazardous interference of any kind.

(c)

Parking: Adequate off-street parking shall be provided in the C-2 district in accordance with article V of this chapter.

(Res. No. 24-10, att., 9-19-2023)

The C-3 highway oriented commercial district is a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which, although serving the entire community and its trading area, do not and shall not be encouraged to locate in the retail commercial or non-retail commercial districts. The C-3 highway oriented commercial districts ordinarily will be located along roads designed in the major thoroughfare plan as major highways. For the C-3 district, the specific intent of this section is:

(1)

To encourage the logical and timely development of land for purposes in accordance with the objectives, policies and proposals of the future land use plan, the location of the C-3 district shall be in accordance with the city plan.

(2)

To encourage the construction of, and the continued use of land for commercial, service and amusement uses serving both local and long distance travelers.

(3)

To provide for orderly development and concentration of such uses within the C-3 district as designated in the future land use plan.

(4)

To provide appropriate space, and in particular, sufficient depth from the street, to satisfy the needs of modern commercial development where access is entirely dependent on the automobile.

(5)

To encourage the development of the district with such uses and in such a manner as to minimize traffic hazards and interference from highway oriented businesses.

(Res. No. 24-10, att., 9-19-2023)

In a C-3 highway oriented commercial district, a building or combination of buildings may be erected or used, and a lot area may be used or occupied for any of the following purposes, and no other:

(1)

Services to traveling public: service stations, diners, restaurants, taverns, ice cream stands, motels, inns, souvenir shops.

(2)

Commercial recreation: bowling alleys, skating rinks, theaters, amusement parks, golf driving ranges, drive-in theaters.

(3)

Automotive and allied sales and services; service stations and repair shops, used car and truck sales, automotive parts and accessories, new car and truck sales, boat and marine sales, trailer and mobile home sales, heavy equipment and/or farm implement sales, bicycle shops.

(4)

Miscellaneous sales: heating and plumbing shops, building material sales, monument sales, nurseries, greenhouses, garden stores, fruit and/or vegetable and/or produce structures, furniture and appliance stores, farm supply and feed stores.

(5)

Accessory use customarily incidental to any of the above uses.

(6)

Family day care home.

(7)

Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the planning commission, provided that such use shall be permitted, subject to such reasonable restrictions as the planning commission may determine, and further provided that no trade or business shall be permitted which is either noxious or hazardous.

(8)

Signs when erected and maintained in accordance with article VI of this chapter.

(9)

Newspaper and printing agencies.

(10)

Radio stations and transmission towers.

(Res. No. 24-10, att., 9-19-2023)

Regulations for the C-3 district as to area, yard and height requirements are outlined in Table 1 at the end of this article, except:

(1)

Minimum district area and depth from road. Depth of 100 feet as measured from the street line, shall be provided for every area to be classified as a C-3 district. One use shall be allowed for every 100 feet of road frontage as measured along the major highway only.

(2)

Building setback from street line. The minimum setback may be reduced to 40 feet if no front of structure parking is contemplated; however, in any case a unified setback for the entire C-3 district is encouraged.

(3)

Setback from district. There shall be a setback of 50 feet from any C-3 district line.

(4)

Distance between buildings. The horizontal distance measured in feet, at the closest point between any two buildings in the C-3 district, shall not be less than the height of the taller building, measured in feet.

(5)

Parking ratio. Adequate off-street parking shall be provided for each lot or property in the C-3 district. No on-street parking will be permitted on any street abutting the C-3 district. Parking areas shall be so placed so as not to interfere with any service area and shall not be less than 20 feet from the street line or district boundary line. All pertinent sections of the off-street parking provisions of article V of this chapter shall be enforceable.

(Res. No. 24-10, att., 9-19-2023)

The general plan for new C-3 highway oriented commercial districts shall include evidence and facts showing that it has considered and made provision for, and the development shall be executed in accordance with the following essential conditions:

(1)

Generally. It shall consist of a harmonious selection of uses (see section 62-372) and grouping of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit (or to facilitate the ultimate creation of an integrated unit) in such a manner as to constitute a safe, efficient and convenient highway oriented commercial district.

(2)

Unified architectural unit. The proposed development or lot shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.

(3)

Loading and unloading areas. Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles, service by refuse collection, fuel, fire and other vehicles, automobile accessways and pedestrian walks. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with state highway department specifications. Service areas shall be screened from view from any abutting roadway and from within the parking area.

(4)

Ingress and egress. Provision shall be made for safe and efficient ingress and egress to and from public highways serving the district without undue congestion to or interference with normal traffic flow.

(5)

Access barrier. Each lot or center with its buildings, other structures, and parking and loading areas, shall be physically separated from each adjoining highway or street by a curb or other suitable barrier including a landscape buffer strip against unchanneled motor vehicle ingress or egress. Such a barrier shall be located at the edge of the street line unless suitable curbs and gutters are provided within the highway or street right-of-way. Except for the accessways permitted below, such barrier shall be continuous for the entire length of any lot line adjoining a street or highway.

(6)

Accessways. All permanent points of vehicular access to and from the public streets shall be located not less than 200 feet from the intersection of any public street lines; except that access may be permitted to a minor or secondary street within not less than 100 feet of its intersection with the major highway. All accessways shall comply with the following requirements:

a.

Width. The width of any accessway leading to or from a street or highway shall not exceed 36 feet nor be less than 15 feet in width at the right-of-way. The alignment of accessways and curb dimensions shall be determined through architectural and site approval.

b.

Spacing. In C-3 districts no parts of any accessway shall be nearer than 20 feet to any other accessway on the same lot, nor shall any part of an accessway be nearer than ten feet to any side or rear property line at its intersection with a street line. Insofar as practicable, the use of common accessways by two or more permitted uses shall be encouraged in order to reduce the number on closeness of access points along highways.

c.

Marginal access drives (or service streets). A 20-foot wide marginal access drive may be required to reduce the number of accessways and improve vehicular circulations within the C-3 district. This drive would be located adjacent to the landscaped buffer area and extended parallel to the street line of the major highway. Access to this facility from the parking areas of the commercial establishments shall be located to facilitate traffic movement between the major highway (or intersecting road), the marginal access drive, and the parking area. Prior to granting of approval of a development plan, the city shall ensure that adequate legal provisions are considered concerning the use, ownership and responsibility of the marginal access drives.

(7)

Parking areas. Parking areas shall be located and designed to facilitate the interchange of vehicular movement between the major highway, the marginal access drive and the parking area as well as from one parking area to another provided the second lot is located on adjacent C-3 district zoned land, C-3 uses which do not require patron parking facilities in the normal sense (such as service stations, and drive-in theaters) are encouraged to locate at the extremities of the district to ensure the continuity of the parking facilities.

(8)

On-street parking. No on-street parking is allowed on any public highway, road or street upon which a C-3 district abuts.

(9)

Lighting. Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. All lights shall face downward.

(10)

Screening. The C-3 district shall be permanently screened from adjoining and contiguous residential districts by a wall, fence, evergreen hedge and/or other suitable enclosure of minimum height five feet and maximum height seven feet, placed at least two feet inside the C-3 district property line. The area between such enclosure and the property line shall be landscaped to form a permanent screening area. The planning commission may waive the requirement for a screening enclosure and/or screening area if equivalent screening is provided by existing parks, parkways, recreational areas, or by topography or other natural conditions.

(11)

Water and sewer. No facility permitted in a C-3 district shall be erected or used that is not adequately served with both sanitary sewers and public water unless authorized as a special exception and upon submission of satisfactory evidence to the fact that sanitary sewers and public water supply are not feasible in the particular location in question. Such evidence may include, but not be limited to, a specific recommendation from the city engineer, local health officer, official representative of the state health department and/or sewer authority.

(12)

No split district. For the purpose of calculating the minimum area, lot dimensions and yard requirements established by this section, a C-3 district cannot lie on two sides of a public street or alley. Any area designated as being a C-3 district and lying on both sides of a public street shall be deemed to be two C-3 districts, and all minimum requirements shall be met by buildings on each side of said public street as separate districts.

(13)

Drainage. The development plan shall include provisions for handling surface water drainage compatible with the topography of the lot and surrounding development. The development shall contain adequate stormwater management facilities to accommodate on-site the runoff that would be generated by a 25-year storm event. The building inspector or the city manager's designee may request assistance from the county soil conservation district, or the city engineer in evaluating the applicant's proposed measures to comply with this requirement. Any costs associated with this evaluation assistance shall be paid by the applicant. All drainage improvements shall tie into any available or natural drainageways along the adjoining public streets. Post-development flows shall not exceed predevelopment flows for the two to 25-year storm events. The 50-year storm shall pass through the detention facility with one foot of freeboard and the 100-year storm shall pass through the detention facility without over topping. The SCS method shall be utilized for detention design. The rational method may be utilized for pipe design.

(Res. No. 24-10, att., 9-19-2023)

The legislative intent of the LI light industrial district is to establish and preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of uses.

(Res. No. 24-10, att., 9-19-2023)

The specific uses, permitted in this LI district, shall be the erection, construction, alternation or use of buildings for the following uses and no other:

(1)

Any individual use not specifically excluded, which meets the provisions of this division.

(2)

Agriculture.

(3)

Agricultural equipment sale and repair,

(4)

Agricultural sales,

(5)

Baking establishments.

(6)

Bottling and distributing plants.

(7)

Wholesale and storage business, including material.

(8)

Commercial use customarily associated with industrial district.

(9)

Signs erected and maintained according to article VI of this chapter.

(10)

Dwelling quarters for watchmen and caretakers employed on the premises shall be permitted in connection with any industrial establishments.

(11)

The following uses shall not be permitted unless proof is shown that the use meets the performance standards identified in this division:

Abattoir

Acetylene gas manufacture and/or storage

Acid manufacture (hydrochloric, nitric, picric, sulphuric, sulphaneous, carbolic)

Ammonia, bleaching power or chlorine manufacture

Ammunition manufacture and/or storage

Arsenal

Asphalt manufacture or refining Blast furnace

Bone distillation Celluloid manufacture

Cement, lime, gypsum or plaster of paris manufacture

Coal distillation

Coke ovens

Creosote treatment or manufacture

Dead animal and offal reduction

Distillation of bones, coal, petroleum, refuse, grain or wood (except in the manufacture of gas)

Distillation of tar

Explosives, fireworks and gunpowder manufacture or storage

Fat rendering

Fertilizer manufacture

Forge plant

Hog farm

Incineration, reduction, storage or dumping of slaughter-house refuse, rancid fats, garbage, dead animal or offal

Oilcloth or linoleum manufacture

Ore reduction

Petroleum or kerosene refining, distillation or derivation of byproducts and/or storage

Potash works

Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper except as a necessary incident of manufacture or which these processes form a minor part, and which are carried on without objectionable noise outside the plant)

Rolling mill

Steel furnace, blooming or rolling mill

Stock yards

Tar manufacture

(Res. No. 24-10, att., 9-19-2023)

(a)

No person owning, leasing or controlling the operation of any air contaminant sources in the LI district shall willfully, negligently or through failure to provide necessary precautions, cause, permit or allow emission from said air contamination source or sources of such quantities of air contamination as will cause, or tend to cause, by themselves or in conjunction with other air contaminants, a condition of air pollution.

(b)

Release of air contaminant(s) including particulate matter, dust, fumes, gas, mist, smoke, vapor or any combination thereof in the LI district shall be governed by chapter 391-3-1, "Rules and Regulations for Air Quality Control," environmental protection division, state department of natural resources; however, in cases where the aforementioned regulations are in conflict with ordinances the regulations allowing the least emission of air contaminants to the atmosphere shall prevail.

(Res. No. 24-10, att., 9-19-2023)

Cross reference— Air quality, § 22-31 et seq.

(a)

No emission shall be made which can cause any damage to the health or vegetation or other forms of property in the LI district, or which can cause any excessive soiling at any point.

(b)

No emission of liquid or solid particles from any chimney shall exceed 0.3 grains per cubic foot of the covering gas at any point in the LI district.

(c)

For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air in the LI district.

(Res. No. 24-10, att., 9-19-2023)

At no point in the LI district on the boundary of a residential or commercial district shall the sound pressure level of any operation exceed the described levels in the octave bands shown as follows for the districts indicated:

SOUND LEVELS

(Res. No. 24-10, att., 9-19-2023)

There shall be no emission of odorous gases or other odorous matter in the LI district in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system shall fail. There is established as a guide to determining such quantities of offensive odors Table 111 (Odor Thresholds) in chapter "5 "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

(Res. No. 24-10, att., 9-19-2023)

Any operation producing intense glare or heat in the LI district shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.

(Res. No. 24-10, att., 9-19-2023)

No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line of an LI district.

(Res. No. 24-10, att., 9-19-2023)

There shall be no activities which emit dangerous or harmful radioactivity in the LI district. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbances.

(Res. No. 24-10, att., 9-19-2023)

(a)

No flammable or explosive liquids, solid, or gases shall be stored in bulk in the LI district above the ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

(b)

All outdoor storage facilities for fuel, raw materials and products and all fuel, and all raw materials and products stored outdoors in the LI district shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.

(c)

No materials or wastes shall be deposited upon a lot in the LI district in such form or manner that may be transferred off the lot by natural causes or forces.

(d)

All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects in the LI district shall be stored outdoors only in closed containers.

(Res. No. 24-10, att., 9-19-2023)

Every use requiring power in the LI district shall be so operated that the service lines, substation, etc., shall conform to the most acceptable safety requirements, shall be so constructed, installed, etc. to be an integral part of the architectural features of the plant, or if visible from abutting residential properties shall be concealed by coniferous planting.

(Res. No. 24-10, att., 9-19-2023)

No use in the LI district shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste and disposal except as shall be provided by sanitary engineers or other qualified persons employed by the city at the expense of the owner of the premises.

(Res. No. 24-10, att., 9-19-2023)

All water requirements for the LI district shall be stated in the application. The water supply and quality shall comply with the requirements established within chapter 270-5-15, "Rules and Regulations for Water Supply Quality" and chapter 391-3-6, "Rules and Regulations for Water Quality Contract," as published by the environmental protection division of the state department of natural resources.

(Res. No. 24-10, att., 9-19-2023)

Regulations for the LI district as to area, yard and height requirements are outlined in Table 1 at the end of this article, except:

(1)

Minimum front yard setback may be reduced to 20 feet if no front of structure-parking is contemplated.

(2)

In no case shall any building or structure be erected closer than 100 feet to any residential district.

(3)

The maximum height may be increased to 50 feet when approved by the planning commission provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one foot.

(Res. No. 24-10, att., 9-19-2023)

The purpose and intent of the AG agricultural district is to encourage the preservation of a broad range of agricultural pursuits and their accessory operations in the city while providing a climate to protect open space, watersheds, other natural areas and to permit a variety of activities which require non-urban locations but which do not operate to the detriment of adjoining lands devoted to rural, agricultural, or residential purposes.

(Res. No. 24-10, att., 9-19-2023)

In an AG agricultural district, no building, structure or land and water use shall be permitted except for one or more of the following uses:

(1)

General farming activities including, but not limited to, agriculture, dairying, forestry, greenhouses, groves, horticulture, livestock raising, nurseries, pisciculture, poultry and egg production, mushroom raising and crop raising.

(2)

Such accessory uses that are customary and incidental to principal agriculture use including, but not limited to:

a.

Stands for the sale of products which are raised on the premises provided:

1.

The stand not exceed 300 square feet of gross floor area; and

2.

The stand and any parking area be located off any right-of-way.

b.

Uses such as nut packing and grading plants, corrals, equipment storage sheds, forage or other drying facilities, syrup mills, and the like.

But excluding the manufacture and retail sale of products.

(3)

Single-family detached dwelling on a minimum lot area of five acres.

(4)

Any accessory use on the same lot with and customarily incidental to any permitted residential use.

(5)

Tenant dwellings consisting of one self-contained dwelling unit for each 25 acres in addition to the area required for the principal residence.

(6)

Public and private utility facilities.

(7)

Cemeteries, provided that the parcel devoted to this shall not contain less than ten acres.

(8)

Municipal, county, state or federal use, including sanitary landfills and storage yards.

(9)

Churches and related places of worship.

(10)

Animal hospitals and/or kennels.

(11)

Public and/or private recreational facilities.

(12)

Commercial sales and services enterprises providing products and services of an agricultural nature only such as feed and grain or seed and fertilizer stores and the like.

(13)

Signs when erected and maintained in accordance with article VI of this chapter.

(Res. No. 24-10, att., 9-19-2023; Res. No. 25-21, 1-7-2025)

Regulations as to height and yard requirements for the AG district are outlined in Table 1 at the end of this article except: All agricultural processing and accessory uses in the AG district requiring a height greater than 35 feet shall be permitted, provided that the minimum yard setbacks above are met in addition to a three-foot setback for each foot above 35 feet.

(Res. No. 24-10, att., 9-19-2023)

TABLE 1
DIMENSIONAL REQUIREMENTS BY DISTRICT

* See appropriate section for special exceptions.

** Lot width at building line.

¹ Accessory buildings in R-1A, R-1B, R-2, R-3 and R-3A districts shall not exceed 15 feet.

(Ord. of 2-7-1997, § 1403; Ord. No. 07-09, 6-5-2007; Res. No. 09-02, 2-3-2009; Res. No. 24-10, att., 9-19-2023)