(a)

Generally. The A district is designed for agricultural land uses and single-family dwellings at a density no greater than one dwelling per three acres and compatible uses.

(b)

Permitted uses.

(1)

Agricultural land uses, including farm dwellings.

(2)

Single-family detached dwellings.

(3)

Group homes.

(4)

Residential design manufactured homes.

(5)

Public parks, public libraries, and schools.

(6)

Churches.

(7)

Golf courses excluding miniature golf courses or driving tees.

(8)

Public utilities, such as electrical or telephone substations, that are not owned or operated by a municipality; where employees are generally not present; and that are in or near the area they are designed to serve.

(9)

Hunting lodges and gun clubs.

(10)

Lodging homes, guest ranches and dude ranches.

(11)

Riding stables, riding arenas and rodeo arenas.

(12)

Animal hospitals or kennels, provided that all pens shall be in an enclosed building when located within 300 feet of a residential district. If located further than 300 feet from a residential district, all outdoor pens shall be screened from any adjacent property or public right-of-way.

(13)

Accessory uses.

(14)

Small-scale non-commercial SECS.

(c)

Conditional uses.

(1)

Communication towers.

(2)

Campgrounds and recreational vehicle parks.

(3)

Cemeteries.

(4)

Oilfield supply and storage yards.

(5)

Outdoor/open-air recreational activities (open-air uses generally of a commercial nature including amusement parks and miniature golf).

(6)

Privately owned recreational trails.

(7)

Excavation of sand and gravel.

(8)

Mining and quarrying.

(9)

Oil and gas production.

(10)

Large-scale non-commercial SECS.

(11)

Commercial-scale SECS.

(d)

Lot size requirements.

(1)

Minimum lot area: three acres.

(2)

Minimum lot width: 250 feet.

(3)

Minimum lot depth: 500 feet.

(4)

Maximum depth to width ratio: three to one.

(e)

Height regulations. There is no maximum structure height applicable in A districts.

(f)

Yard requirements.

(1)

Minimum front yard: 50 feet on all sides abutting a street.

(2)

Minimum side yard—Residential buildings: six feet on each side of the lot.

(3)

Minimum side yard—All other permitted and conditional uses: six feet on each side of the lot.

(4)

Minimum rear yard: 50 feet.

(g)

Communication towers. The setback from all property lines must be equal to the height of the tower.

(Ord. No. 4114, pt. V, § 1; Ord. No. 4414, §§ 9, 17, 8-7-2023; Ord. No. 4451, § 2, 1-6-2025)

(a)

Generally. The R-1 district is designed for single-family dwellings and compatible uses.

(b)

Permitted uses.

(1)

Single-family detached dwellings.

(2)

Group homes.

(3)

Residential design manufactured homes.

(4)

Public parks, public libraries, and schools.

(5)

Churches.

(6)

Truck gardening.

(7)

Accessory uses.

(8)

Small-scale non-commercial SECS.

(c)

Conditional uses.

(1)

Lodging houses.

(2)

Campgrounds and recreational vehicle parks.

(3)

Cemeteries.

(4)

Excavation of sand and gravel.

(5)

Golf courses, including accessory clubhouses and driving ranges.

(6)

Childcare facilities and nursery schools, provided that 100 square feet of open play area (not in the front yard) is provided for each child to be enrolled.

(7)

Hospitals.

(8)

Nursing homes and assisted living.

(d)

Lot size requirements.

(1)

Minimum lot area: 7,000 square feet.

(2)

Minimum lot width: 70 feet.

(3)

Minimum lot depth: 100 feet.

(e)

One principal structure per lot. No more than one principal structure shall be located on a lot in the R-1 district.

(f)

Height regulations. The maximum structure height in R-1 districts is 35 feet.

(g)

Yard requirements.

(1)

Minimum front yard: 30 feet on all sides abutting a street.

(2)

Minimum side yard—Residential buildings: six feet on each side of the lot.

(3)

Minimum side yard—All other permitted and conditional uses: 15 feet on each side of the lot.

(4)

Minimum rear yard: 30 feet.

(Ord. No. 4114, pt. IV, § 9, pt. V, § 2; Ord. No. 4395, § 2, 10-17-2022; Ord. No. 4414, §§ 10, 17, 8-7-2023; Ord. No. 4451, § 3, 1-6-2025)

(a)

Generally. The R-2 district is designed for two-family and single-family dwellings, and compatible uses.

(b)

Permitted uses. All uses permitted in the R-1 district are permitted in R-2 districts, plus two-family dwellings.

(c)

Conditional uses. All conditional uses permitted in the R-1 district are permitted in R-2 districts.

(d)

Lot size requirements. The following are lot size requirements in R-2 districts:

(1)

Minimum lot area: 7,000 square feet.

(2)

Minimum lot width: 70 feet.

(3)

Minimum lot depth: 100 feet.

(e)

Height regulations. The maximum structure height in R-2 districts is 35 feet.

(f)

Yard requirements. The following are yard requirements in R-2 districts:

(1)

Minimum front yard: 25 feet on all sides abutting a street.

(2)

Minimum side yard—Residential buildings: six feet on each side of the lot.

(3)

Minimum side yard—All other permitted and conditional uses: 15 feet on each side of the lot.

(4)

Minimum rear yard: 25 feet.

(Ord. No. 4114, pt. V, § 3)

(a)

Generally. The R-3 district is designed for multifamily dwellings, and compatible uses.

(b)

Permitted uses. The following uses are permitted in R-3 districts:

(1)

All uses permitted in the R-2 district are permitted in R-3 districts.

(2)

Multifamily dwellings.

(3)

Lodginghouses.

(4)

Hospitals, clinics, nursing homes and sanitariums.

(5)

Religious, educational and philanthropic institutions excluding penal or animal treatment facilities.

(6)

Other uses similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(c)

Conditional uses. All conditional uses permitted in the R-1 district are permitted in R-3 districts.

(d)

Lot size requirements. The following are lot size requirements in R-3 districts:

(1)

Minimum lot area: 7,000 square feet.

(2)

Minimum lot width: 70 feet.

(3)

Minimum lot depth: 100 feet.

(e)

Height regulations. The maximum structure height in R-3 districts is 45 feet.

(f)

Yard requirements. The following are yard requirements in R-3 districts:

(1)

Minimum front yard: 25 feet on all sides abutting a street.

(2)

Minimum side yard—Residential buildings: ten feet on each side of the lot.

(3)

Minimum side yard—All other permitted and conditional uses: six feet on each side of the lot.

(4)

Minimum rear yard: 25 feet.

(g)

Density requirements. Multifamily dwellings may not be constructed at a density greater than one dwelling unit for each 2,500 square feet of lot area.

(Ord. No. 4114, pt. V, § 4)

(a)

Generally. The R-4 district is designed for manufactured homes and compatible uses.

(b)

Permitted uses. The following uses are permitted in R-4 districts:

(1)

Manufactured homes.

(2)

Manufactured home parks, provided they comply with this title.

(3)

Multifamily dwellings.

(4)

Lodginghouses.

(5)

Hospitals, clinics, nursing homes and sanitariums.

(6)

Religious, educational and philanthropic institutions excluding penal or animal treatment facilities.

(7)

Other uses which are similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(c)

Conditional uses. All conditional uses permitted in the R-1 district are permitted in R-4 districts.

(d)

Lot size requirements. The following are lot size requirements in R-4 districts:

(1)

Minimum lot area: 7,000 square feet.

(2)

Minimum lot width: 70 feet.

(3)

Minimum lot depth: 100 feet.

(e)

Height regulations. The maximum structure height in R-4 districts is 45 feet.

(f)

Yard requirements. The following are yard requirements in R-4 districts:

(1)

Minimum front yard: 20 feet on all sides abutting a street.

(2)

Minimum side yard—Residential buildings: ten feet on each side of the lot.

(3)

Minimum side yard—All other permitted and conditional uses: 15 feet on each side of the lot.

(4)

Minimum rear yard: 20 feet.

(Ord. No. 4114, pt. V, § 5)

(a)

Generally. The C-1 district is designed for retail and service commercial land uses which have a minimum impact upon adjacent land uses.

(b)

Permitted uses.

(1)

Theaters.

(2)

Sale of goods and products as retail, including restaurants, but not including sale of used cars or mobile homes, cereal malt beverages or alcoholic liquors.

(3)

Shops for repairing and servicing bicycles, electrical, radio and television appliances, keys, and similar articles of where not more than five persons are employed on the premises at any one time.

(4)

Dressmaking, millinery, tailoring, shoe repair, laundry, dry cleaning, and similar trade where not more than eight persons are employed on the premises at any one time.

(5)

Banks, offices, laboratories, and studios.

(6)

Personal service shops such as barbershops and beauty parlors.

(7)

Private recreational facilities.

(8)

Public or private schools.

(9)

Undertaking establishments.

(10)

Parking lots.

(11)

Greenhouses.

(12)

Multifamily dwellings.

(13)

Lodging houses.

(14)

Hospitals, clinics, nursing homes and sanitariums.

(15)

Religious, educational, and philanthropic institutions excluding penal or animal treatment facilities.

(16)

Childcare facilities.

(17)

Other uses which are similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(18)

Small-scale non-commercial SECS.

(c)

Conditional uses.

(1)

All conditional uses permitted in the R-1 district are permitted in C-1 districts, except childcare facilities.

(2)

Large-scale non-commercial SECS.

(d)

Lot size requirements. There are no minimum lot size requirements in the C-1 district.

(e)

Height regulations. The maximum structure height in C-1 districts is 35 feet.

(f)

Yard requirements.

(1)

Minimum front yard: 25 feet on all sides abutting a street.

(2)

Minimum side yard—When adjacent to residential land uses: ten feet on each side of the lot.

(3)

Minimum side yard—When adjacent to all other uses: zero feet.

(4)

Minimum rear yard: 20 feet.

(5)

Multifamily dwellings shall comply with the yard requirements set out in the R-3 district regulations.

(Ord. No. 4114, pt. V, § 6; Ord. No. 4414, §§ 11, 17, 8-7-2023; Ord. No. 4451, § 4, 1-6-2025)

(a)

Generally. The C-2 district is designed for general retail and service commercial land uses.

(b)

Permitted uses.

(1)

All uses permitted in the C-1 district, except multifamily dwellings, are permitted in C-2 districts.

(2)

Automobile parts sales.

(3)

Automobile repair and service.

(4)

Automobile, truck, and mobile home sales.

(5)

Gasoline stations, retail.

(6)

General retail stores.

(7)

Grocery stores, hotels, and motels.

(8)

Print shops, copy shops, computer sales, plumbing and the sale and minor repair of tires.

(9)

Retail sale of cereal malt beverages and alcoholic liquor.

(10)

Restaurants.

(11)

Bus stations, taxicab stands, and other related uses.

(12)

Warehouse or storage buildings where the stored material is entirely contained within the enclosed building or is screened from public view by approved fencing or screening materials.

(13)

Other uses which are similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(c)

Conditional uses.

(1)

All conditional uses permitted in the R-1 district, except childcare facilities.

(2)

One above-ground propane tank not to exceed 1,000-gallon capacity at any one location. Tank installation shall comply with section 8.16.191.

(3)

Animal hospitals and clinics, provided that:

a.

All facilities including new pens, kennels, stalls, and animal runs must be placed in an enclosed building.

b.

A properly screened and fenced animal walk-out area is permitted pro- vided that screening is a minimum of six feet in height and made of solid material so as not to be visible from the street, highway, or adjacent property.

c.

All fences and gates shall be kept in good and sightly condition.

d.

The type and design of any fence or wall shall be approved by the building inspector.

(4)

Outdoor/open-air recreational activities: Open-air uses generally of a commercial nature including amusement parks and miniature golf.

(5)

Large-scale non-commercial SECS.

(d)

Lot size requirements. There are no minimum lot size requirements in the C-2 district.

(e)

Height regulations. The maximum structure height 45 feet.

(f)

Yard requirements.

(1)

Minimum front yard: 25 feet on all sides abutting a street.

(2)

Minimum side yard—When adjacent to residential land uses: ten feet on each side of the lot.

(3)

Minimum side yard—Adjacent to all other uses: zero feet.

(4)

Minimum rear yard: 20 feet.

(5)

Minimum side yard—Adjacent to all other uses: zero feet.

(6)

Minimum rear yard: 20 feet.

(Ord. No. 4114, pt. V, § 7; Ord. No. 4451, § 5, 1-6-2025)

(a)

Generally. The C-3 district is designed for downtown office, retail, and service commercial land uses.

(b)

Permitted uses.

(1)

All uses permitted in the C-1, local commercial district are permitted in C-3 districts.

(2)

Automobile sales.

(3)

Bus stations, taxicab stands, and other related uses.

(4)

Department stores.

(5)

Financial institutions.

(6)

Garages.

(7)

Gasoline stations, retail.

(8)

General retail stores and grocery stores.

(9)

Hotels and motels.

(10)

Offices.

(11)

Print, typewriter, plumbing and the sale and minor repair of tires.

(12)

Restaurants.

(13)

Retail sale of cereal malt beverages and alcoholic liquor.

(14)

Warehouse or storage building where the stored material is entirely contained within the enclosed building.

(15)

Single-family and multifamily dwelling units, provided that:

a.

When dwelling units are located on floors other than the ground floor of a commercial structure.

b.

When dwelling units are located on the ground floor of commercial structures, but do not exceed 50 percent of structures ground floor. The dwelling space must be maintained in the rear 50 percent of the ground floor.

c.

Adequate fire separation and suppression measures constructed in accordance with current city building codes are incorporated with both the dwelling unit and the commercial unit of the structure.

d.

All dwelling units shall meet minimum square footage requirements established in the current building code.

(16)

Other uses which are similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(c)

Conditional uses.

(1)

All conditional uses permitted in the R-1 district except childcare facilities.

(2)

Outdoor/open-air recreational activities: open-air uses generally of a [commercial nature] including amusement parks and miniature golf.

(3)

Large-scale non-commercial SECS.

(d)

Lot size requirements. There are no minimum lot size requirements in the C-3 district.

(e)

Height regulations. The maximum structure height in C-3 districts is 120 feet.

(f)

Yard requirements. There are no minimum yard requirements in the C-3.

(Ord. No. 4114, pt. V, § 8; Ord. No. 4451, § 6, 1-6-2025)

(a)

Generally. The LM-SC district is designed to permit the co-location of light industrial and highway service commercial activities.

(b)

Permitted uses.

(1)

Any use specifically listed as a permitted use in the C-2 district is permitted in LM-SC districts.

(2)

Manufacturing or assembly of items or equipment such as electronics, but not limited to:

a.

Newspaper and book publication;

b.

Processing of food-related products;

c.

Production of clay, glass, leather, rubber, or wood materials or products;

d.

Production or fabrication of metal products;

e.

Production of signs;

f.

Production of textiles and apparel;

g.

Woodworking to include cabinet and furniture makers;

h.

Artwork;

i.

Precision equipment, computer assembly, plastic or fiberglass manufacture and assembly; and

j.

Other similar activities.

(3)

Warehousing and distribution.

(4)

Cold storage.

(5)

Food and hardware distributors.

(6)

Household moving and general freight storage.

(7)

Parcel services.

(8)

Public self-storage units.

(9)

Truck terminals.

(10)

Industrial services such as firms engaged in the repair or servicing of industrial, business or consumer machinery, equipment, or products.

(11)

State or municipally owned and operated public utilities and facilities.

(12)

Public utilities that are not owned or operated by a municipality, where employees are generally not present, and that are in or near the area they are designed to serve.

(13)

Outdoor/open-air recreational activities, including, but not limited to, open-air uses generally of a commercial nature including amusement parks and miniature golf.

(14)

Small-scale non-commercial SECS.

(c)

Conditional uses.

(1)

All conditional uses permitted in the R-1 district.

(2)

Animal hospitals or kennels, provided that:

a.

All pens shall be in an enclosed building when located within 300 feet of a residential district.

b.

If located further than 300 feet from a residential district, all outdoor pens shall be screened from any adjacent property or public right-of-way.

(3)

Above-ground bulk storage of chemicals, petroleum products and other hazardous materials.

(4)

Recycling centers.

(5)

Expansion or modification of the following uses, provided they are legally nonconforming uses:

a.

Salvage storage yards.

b.

Ready-mix plants.

c.

Stone cutting and processing of quarried material.

d.

Residential uses.

(6)

Large-scale non-commercial SECS.

(7)

Commercial-scale SECS.

(d)

Lot size requirements.

(1)

20,000 square feet for all lots that abut a limited access street, a railroad, or that obtain access exclusively from an alley.

(2)

5,000 square feet in area for all other lots.

(3)

Minimum lot width: 50 feet.

(4)

Minimum lot depth: 100 feet.

(e)

Height regulations. The maximum structure height in LM-SC districts is 50 feet.

(f)

Yard requirements.

(1)

Minimum front yard: 25 feet, except that gasoline pumps, air and water service and other fixtures used in connection with automobile service stations may be located as close as 12 feet to the front lot line.

(2)

Minimum side yard—When adjacent to residential land uses: ten feet on each side of the lot.

(3)

Minimum side yard—Where adjacent to all other uses: zero feet.

(4)

Minimum rear yard: 20 feet.

(g)

Density requirements. Multifamily dwellings may not be constructed at a density greater than one dwelling unit for each 2,500 square feet of lot area.

(h)

Other use limitations.

(1)

Screening: Sight-obscuring screening of not less than six feet in height shall be provided along all lot lines that abut a residential district. Furthermore, all outdoor storage or display areas, except automobile sales lots, shall be enclosed by sight-obscuring screening of not less than six feet in height.

(2)

There shall be no noise, smoke, dust, odor, or vibrations emanating from the property, which unreasonably either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of persons off the property.

(Ord. No. 4114, pt. V, § 9; Ord. No. 4451, § 7, 1-6-2025)

(a)

Generally. The M-1 district is designed for light industrial, industrial service and warehousing land uses.

(b)

Permitted uses.

(1)

Any use permitted in the LM-SC district is permitted in M-1 districts.

(2)

Bakeries.

(3)

Book binderies.

(4)

Cellophane products manufacturing.

(5)

Ceramic products (previously pulverized clay kilns fired only by electricity or gas).

(6)

Clothing manufacturing.

(7)

Cold storage or refrigerating plant.

(8)

Distributing plant.

(9)

Animal hospitals and clinics provided that all pens and animal runs are enclosed.

(10)

Drugs manufacturing.

(11)

Electric parts, assembly, and manufacturing.

(12)

Fiber products manufacturing (previously prepared fiber).

(13)

Food products manufacturing (except fish and meat products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils).

(14)

Garment manufacturing (previously manufactured cloth).

(15)

Leather products manufacturing.

(16)

Lumber yards.

(17)

Machinery, farm sales, repairing and overhauling.

(18)

Parcel delivery service.

(19)

Pharmaceuticals establishment.

(20)

Sign painting shop.

(21)

Open storage of oil field equipment, building material, lumber, and coal, provided that:

a.

The storage yard is completely enclosed with a six-foot solid wall or fence; and

b.

The material is stored on racks or platforms at least 18 inches off the ground.

(22)

Communication towers.

(23)

Toy manufacturing.

(24)

Truck terminals, truck, and trailer services.

(25)

Warehousing.

(26)

Wholesale business.

(27)

Other uses which are similar to the listed uses in function, traffic generating capacity and effects on nearby properties, and are not listed in the permitted uses found in any other zoning district.

(28)

Small-scale non-commercial SECS.

(c)

Conditional uses. All conditional uses permitted in the LM-SC district.

(1)

Large-scale non-commercial SECS.

(2)

Commercial-scale SECS.

(d)

Lot size requirements. There are no minimum lot size requirements in the M-1 district.

(e)

Height regulations. The maximum structure height in M-1 districts is 45 feet.

(f)

Yard requirements.

(1)

Minimum front yard: 25 feet on all sides abutting a street.

(2)

Minimum side yard—when adjacent to residential land uses: ten feet on each side of the lot.

(3)

Minimum rear yard: 20 feet.

(Ord. No. 4114, pt. V, § 10; Ord. No. 4414, §§ 12, 17, 8-7-2023; Ord. No. 4451, § 8, 1-6-2025)

(a)

Generally. The M-2 district is designed for manufacturing, industrial service, and warehousing land uses.

(b)

Permitted uses. All uses are permitted uses except those listed as conditional uses, provided that there shall be no building for residential use and no trailers or mobile homes except those that may be authorized by the council by special temporary permit for use as construction office or residence for maintenance or watch personnel on 24-hour duty for the city or private industry.

(c)

Conditional uses.

(1)

Acid manufacture.

(2)

Cement, lime gypsum, or plaster of Paris manufacture.

(3)

Distillation of bones.

(4)

Explosives manufacture or storage.

(5)

Fat rendering.

(6)

Fertilizer manufacture.

(7)

Gas manufacture.

(8)

Garbage, offal, or dead animals, reduction or dumping.

(9)

Glue manufacture.

(10)

Petroleum or petroleum product refining.

(11)

Smelting of tin, copper, zinc, or iron ores.

(12)

Stockyards or slaughter of animals.

(13)

Wholesale storage of gasoline.

(14)

Extraction of sand and gravel.

(15)

Large-scale non-commercial SECS.

(16)

Commercial-scale SECS.

(d)

Prohibited uses. No use shall be permitted which will result in a nuisance with regard to:

(1)

Smoke and other particulate matter.

(2)

Noise.

(3)

Noxious gases.

(Ord. No. 4114, pt. V, § 11; Ord. No. 4451, § 9, 1-6-2025)

(a)

Generally. The M-3 district is designed for manufacturing, industrial service and warehousing land uses.

(b)

Permitted uses. All uses are permitted uses except those listed as conditional uses, provided that there shall be no building for residential use and no trailers or mobile homes except those that may be authorized by the council by special temporary permit for use as construction office or residence for maintenance or watch personnel on 24-hour duty for the city or private industry.

(c)

Conditional uses. The following are conditional uses in M-3 districts:

(1)

Acid manufacture.

(2)

Cement, lime gypsum, or plaster of Paris manufacture.

(3)

Distillation of bones.

(4)

Explosives manufacture or storage.

(5)

Fat rendering.

(6)

Fertilizer manufacture.

(7)

Gas manufacture.

(8)

Garbage, offal, or dead animals, reduction or dumping.

(9)

Glue manufacture.

(10)

Petroleum or petroleum product refining.

(11)

Smelting of tin, copper, zinc, or iron ores.

(12)

Stockyards or slaughter of animals.

(13)

Wholesale storage of gasoline.

(14)

Extraction of sand and gravel.

(d)

Prohibited uses. No use shall be permitted in M-3 districts which will result in a nuisance with regard to:

(1)

Smoke and other particulate matter.

(2)

Noise.

(3)

Noxious gases.

(4)

Vibration.

(5)

Fire or explosive hazard.

(6)

Odor.

(7)

Glare or heat.

(e)

Lot size requirements. There are no minimum lot size requirements in the M-3 district.

(f)

Height regulations. The maximum structure height shall comply with the Federal Aviation Administration regulations.

(g)

Yard requirements. The following are yard requirements in M-3 districts:

(1)

Minimum front yard: 30 feet on all sides abutting a street.

(2)

Minimum side yard—When adjacent to residential land uses: 30 feet on each side of the lot.

(3)

Minimum side yard—When adjacent to all other uses: ten feet.

(4)

Minimum rear yard—When adjacent to residential land uses: 30 feet.

(5)

Minimum rear yard—When adjacent to all other uses: ten feet.

(Ord. No. 4114, pt. V, § 11)

(a)

Purpose and intent. The P district is established to accommodate mixed residential land uses and ancillary land uses in a manner that will provide for design flexibility and efficiency in the placement of buildings, open space and recreational facilities.

(b)

Permitted uses.

(1)

All uses permitted in the R-2 district are permitted in P districts.

(2)

Multifamily dwellings.

(3)

Nonresidential uses of a religious, cultural, educational, and recreational character to the extent that they are designed and intended to serve primarily the residents of the planned residential development.

(c)

Density requirement. Maximum gross shall not exceed seven dwelling units per acre.

(d)

Area and lot size requirements.

(1)

Minimum area: One acre.

(2)

Minimum lot area: 1,800 square feet.

(3)

Minimum lot width: 30 feet.

(4)

Minimum lot depth: 60 feet.

(e)

Height regulations. The maximum structure height in P districts is 35 feet.

(f)

Yard requirements. The following are yard requirements in P districts:

(1)

Minimum front yard: none; however, there must be a perimeter setback of 25 feet on all sides of the planned unit development;

(2)

Minimum side yard—Residential buildings: none; however, the separation between buildings must comply with building and fire codes;

(3)

Minimum side yard—All other permitted and conditional uses: 15 feet on each side of the lot;

(4)

Minimum rear yard: none; however, the separation between buildings must comply with building and fire codes. For all other permitted uses: 25 feet.

(g)

Other requirements. The following are other requirements in P districts:

(1)

Each dwelling shall be located with direct access to a street, or other permanent open space, or common yard, or outer court not less than 25 feet wide. Such areas shall be unoccupied by any buildings or other structures except parking facilities, necessary utility facilities or street improvements;

(2)

The landowner shall provide for a minimum of 20 percent of the land area devoted to residential use to be set aside and developed for recreation uses and other open space. This area may be dedicated to the city or owned and maintained by a homeowners' association.

(Ord. No. 4114, pt. VI, § 1; Ord. No. 4414, §§ 13, 17, 8-7-2023)

An application for rezoning to a planned unit development district shall be submitted and processed in the manner provided herein for a change in zoning. However, the application shall include a development plan and narrative, which, in the event of the approval of the change in zoning, will be adopted by the city council, and will become binding upon the owner of the land and its heirs and successors to title.

(Ord. No. 4114, pt. VI, § 2)

The development plan shall be prepared at a scale no smaller than one inch to 100 feet and shall include all of the area proposed to comprise the planned unit development. The plan and supporting documents shall include the following information:

(1)

A legal description of the site;

(2)

The dimensions of all property boundaries;

(3)

The owners of record and any other parties having an interest in the proposed development;

(4)

A topographical survey of the site at an interval of not more than two feet or a more detailed plan if requested by the city engineer;

(5)

The location of all existing structures, easements, utilities, proposed utilities, and public dedication either through, adjacent to or on the site;

(6)

The width, location and ownership of all proposed public and private streets and sidewalks in the area to be developed;

(7)

The use, height, floor area, and location of all proposed buildings and other structures, including the location of the entrances to all structures proposed on the plan;

(8)

The number of dwelling units to be contained in each building proposed for residential use;

(9)

The location, dimension and capacity of all proposed off-street parking areas in the area to be developed;

(10)

The location, dimension, acreage, and ownership of all proposed public and private recreation areas, open space and non-encroachable areas;

(11)

Dimensions and notes as deemed necessary to show compliance with the development standards of this article;

(12)

A summary of the total dwelling units, the acreage devoted to all land uses, and the overall net density of the development;

(13)

A statement as to the feasibility of proposals for the disposition of sanitary waste and stormwater, and how all utilities are to be provided, including sewerage, water, storm drainage, communication utilities, gas and electricity, and how completion of all improvements is to be guaranteed;

(14)

The location and dimensions of all existing and proposed curb cuts, driveways and aisles, public and private streets, off-street parking and loading space areas, sidewalks and pedestrian ways, sanitary sewers, storm sewers and drainage ways, power lines, gas lines, and fire hydrants;

(15)

The location, height and material of screening walls and fences;

(16)

The type of surfacing and base course proposed for all private streets, driveways, off-street parking and loading space areas, and sidewalks and pedestrian ways;

(17)

The proposed topography or grading of the area at a contour interval of not more than two feet;

(18)

The location of each outdoor trash storage facility;

(19)

A statement as to the form of ownership proposed to own and maintain the common areas and recreation facilities, and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents, lessee and owners of the planned unit development;

(20)

A copy of proposed covenants, grants of easements or other restrictions to be imposed upon the use and ownership of the land; buildings and structures, including proposed easements or grants for public utilities;

(21)

The landowner shall also submit a dedication clause including dedication of public utility and drainage easements, street rights-of-way and all other land to be dedicated to public ownership;

(22)

The location, variety and size of all landscape materials proposed for the development.

(Ord. No. 4114, pt. VI, § 2)

(a)

Planning commission review and recommendation. The planning commission, after the public hearing, shall recommend to the city council approval of the plan as submitted, or approval subject to specified conditions not included in the plan submitted, or denial of the application. If approval with conditions is recommended, the planning commission shall set forth the conditions. The recommendation for the granting or denial of the development plan shall include findings of fact and shall set forth reasons for the recommendation.

(b)

Review and action by city council. The city council shall approve or deny the application and plan or return it to the planning commission pursuant to the procedures set out in K.S.A. 12-757.

(Ord. No. 4114, pt. VI, § 3)

(a)

Modification of approved development plans may be initiated by the owners or residents of the property within the planned unit development or by the planning commission.

(b)

Substantive modifications of the provisions of the development plan may be approved by the city council following a public hearing and recommendation by the planning commission pursuant to K.S.A. 12-757(b).

(c)

Minor modifications to the development plan may be approved by the secretary of the planning commission.

(Ord. No. 4114, pt. VI, § 4)

(a)

In the event the agency established to own and maintain the common open space and open-air recreation areas or its successor shall fail to fulfill any obligation imposed on such agency as a condition of approval of the planned unit development, the city may serve written notice upon such agency or upon the residents and owners of the planned unit development, setting forth the manner in which the agency has failed to fulfill its obligation. The notice shall include a demand that such deficiencies be cured within the time specified within the notice.

(b)

If such deficiencies are not cured within the specified time, the city, in order to preserve the values of the properties within the planned unit development and to prevent the common open space and open-air recreation areas from becoming a public nuisance, may enter upon the common open space and open-air recreation areas and maintain the same and perform the other duties of the agency until such agency shall again resume its obligations.

(c)

All costs incurred by the city in carrying out the obligations of the agency shall be assessed against the properties within the planned unit development and shall become a tax lien on the properties.

(Ord. No. 4114, pt. VI, § 5)

(a)

Off-street parking. Off-street parking spaces (including spaces in garages) are required as follows:

(1)

Residential uses: two spaces per dwelling unit.

(2)

Churches: one space for each ten seats in the main auditorium.

(3)

Other places of public assembly, including auditoriums, and theaters: one space for each four seats.

(4)

Elementary schools: one space for each classroom.

(5)

High schools: ten spaces for each classroom.

(6)

Colleges: five spaces for each classroom.

(7)

Hospitals: one space for each hospital bed.

(8)

Hotels and motels: one space for each room.

(9)

Institutions, clubs lodges and other public and semi-public buildings: one space for each 500 square feet of floor area.

(10)

Professional offices, medical offices and clinics: one space for each 400 square feet of floor area.

(11)

Restaurants: one space for each 200 square feet of floor area.

(12)

All other commercial, retail and service commercial areas: one space for each 400 square feet of floor area.

(13)

Industrial and warehouse uses: one space for each three employees.

(b)

C-3 district exception. Parking requirements in the C-3 district may be waived or reduced by majority vote of the city council.

(c)

C and M district exceptions. In the C and M districts, parking space may be provided on a separate lot if within 300 feet of the building for which it is provided and two or more owners may join together in the provision of this parking space. Parking spaces may also be provided in any yard provided that no parking space may be provided in a front yard unless the building is set back at least 30 feet from the street line.

(d)

R district exceptions. In the R districts, no required parking space other than the driveway may be located in a front yard but parking spaces may be provided in side and rear yards. No required off-street parking space provided for in a garage or carport may be converted to any other use for any reason, unless the required off-street parking spaces are provided elsewhere on the lot.

(Ord. No. 4114, pt. XI, §§ 1—6)

(a)

Authorization. Home occupations shall be permitted in any dwelling unit, in any residential or agricultural district.

(b)

Use limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)

No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

(2)

No more than 25 percent of the dwelling unit shall be devoted to a home occupation.

(3)

There shall be no outdoor storage of equipment or materials used in the home occupation.

(4)

Not more than two persons, not residing in the dwelling unit, shall be employed on site by the home occupation.

(5)

The home occupation shall be conducted entirely within the principal residential building or in a permitted structure accessory thereto.

(6)

No sign shall be permitted other than a nameplate sign not greater than four square feet in area.

(7)

There shall be no noise, smoke, dust, odor or vibrations emanating from the property which unreasonably either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of persons off of the property.

(c)

Examples of home occupations permitted. The following are intended to be examples of home occupations that are permitted, and not intended to be an all-inclusive list:

(1)

Dressmakers, seamstresses, tailors.

(2)

Dance music or art studios, provided that instructions shall be limited to one pupil at a time, except for occasional groups.

(3)

Artists, sculptors and authors or composers.

(4)

Offices.

(5)

Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc.

(6)

Day care homes.

(7)

Barbershops and beauty salons, provided that only two workstations shall be permitted.

(d)

Prohibited home occupations. The following uses shall be prohibited as home occupations:

(1)

Animal hospitals, kennels, or stables.

(2)

Cleaning, maintenance, manufacturing, modification, repair, or restoration of motor vehicles.

(3)

Funeral homes.

(4)

Pest control businesses.

(5)

Restaurants.

(Ord. No. 4114, pt. XII, §§ 1—4)

(a)

Residential districts. Permitted. The following signs are permitted in R districts:

(1)

Churches, public and semipublic buildings, hospitals and institutions may have ground signs not more than ten square feet in area in a front yard.

(2)

Display signs not more than ten square feet in area, pertaining to lease, sale of premises, and name plates when not illuminated and not greater than one square foot in are allowed, provided, however, a sign not exceeding 50 square feet in area may be erected in connection with a multiple dwelling.

(3)

Display signs not more than five square feet in area, pertaining to the advertisement of a company or business, are allowed pursuant to the following conditions:

a.

The company or business advertising on a property must have a signed contract for work to be performed at said property;

b.

The company or business advertising on a property must remove their sign within 30 days of the contracted work being completed;

c.

No more thank one sign is allowed per property, except in the case of comer lots and double frontage lots, where one sign is allowed along each street frontage;

d.

No sign shall be placed in the public right-of-way or be placed in a manner that hinders or blocks or blocks visibility related to the operation of vehicles on public streets and alleys.

(b)

Commercial districts. Permitted. The following signs are permitted in C districts:

(1)

In the C-1 district, the total area of signs on the premises in square feet may not exceed that number of lineal feet of street frontage and in the C-2 district, there may be two square feet of signs for each lineal foot of street frontage.

(2)

In both C-1 and C-2 districts, all signs shall be attached to a building and not extend more than six feet into the front yard.

(3)

There are no sign regulations in the C-3 districts.

(c)

Industrial districts. Permitted.

(1)

In M-1 districts, there may be three square feet of signs of reach lineal foot of street frontage.

(2)

There are no sign restrictions in M-2 or M-3 districts.

(d)

Prohibited signs. Any sign placed or installed in the right-of-way, unless otherwise permitted, will be deemed an unlawful and abandoned sign and will be subject to immediate removal by the city, without compensation to the owner.

(Ord. No. 4114, pt. XIV, §§ 1—4; Ord. No. 4414, §§ 14, 17, 8-7-2023)