By virtue of its location within the comprehensive land development plan for the city, and because of the existing mixed development within its zone, and in recognition that limited commercial uses and residential uses can be made compatible and advantageous to the city when established in the same area, and because of the need for controlled flexibility in accommodating the future development and expansion of commercial and residential land uses within the city, the C-R zone is established in order to:

(1)

Stabilize and protect existing development.

(2)

Ensure that future development and redevelopment increase the housing supply and needed office, commercial services and nonintensive retail land uses which are compatible with each other and with existing land uses within the city.

(3)

Encourage certain specific types of transitional uses, building locations and site designs between residences and businesses that locate in or adjoin this zone.

(Code 1981, § 8-5-121; Ord. No. 75-3, 4-1-1975; Ord. No. 87-15, 5-5-1987)

(a)

The following uses are permitted in any C-R zone, subject to the general requirements of the zone:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(3)

Group homes, subject to the restrictions in section 93-2-19.

(4)

Adult daycare facilities.

(5)

Professional and business office uses, in buildings of not more than 3,000 square feet of floor area, provided that no parking area shall be located within 20 feet of a front property line, and provided further that all buildings conform to the following:

a.

The roofs of all buildings shall be not less than four feet in rise to ten feet in run. No roof-mounted equipment shall be allowed.

b.

The exterior wall construction of all buildings shall be one or more of the following:

1.

Wood;

2.

Hard-burned clay brick;

3.

Stone with either a weathered face or a polished, fluted or broken face.

(b)

The following uses are permitted in any C-R zone subject to the general requirements of the zone; and subject further to the site plan review requirements of section 93-2-16:

(1)

Single-family attached developments, in structures with not more than four dwellings attached.

(2)

Multifamily dwelling developments, in buildings containing no more than four dwelling units.

(3)

Offices, in buildings of not more than 6,000 square feet of floor area.

(4)

Banks and other financial institutions, in buildings of not more than 6,000 square feet of floor area.

(5)

Medical clinic, medical or dental laboratory, medical or dental office, surgical center.

(6)

Churches and other places of worship.

(7)

Reserved.

(8)

Public, private and parochial schools operated for the purpose of instructing in elementary and high school general education subjects. In addition, other schools are allowed subject to a finding by the planning commission that the proposed method of establishment and operation would not adversely impact the use and enjoyment of surrounding properties.

(9)

Offices, banks and other financial institutions, and clinics in buildings with more than 6,000 square feet of floor area, provided that the minimum lot area for any such development is five acres.

(10)

Multifamily developments of high density; provided that the minimum lot area for any such development is five acres; and provided further that any unit for occupancy which includes cooking facilities shall have a total floor area of not less than 480 square feet for an efficiency or one bedroom unit, a total floor area of not less than 730 square feet for a two bedroom unit, and not less than an additional 150 square feet of floor area for each additional bedroom.

(11)

Accessory uses to office buildings with more than 6,000 square feet of floor area, or high-density multifamily buildings are permitted, but limited to the first two floors and further limited to those retail uses permitted in the C-1 commercial district, wholly within the principal building. In no case shall accessory use activities utilize more than 25 percent of the floor area of any hotel, motel, office or multifamily building.

(12)

Art galleries, in buildings of not more than 6,000 square feet of floor area.

(13)

North American Industry Classification System (NAICS) Code 712110 Museums, in buildings of not more than 6,000 square feet of floor area.

(14)

NAICS Code 711510 Independent Artists, Writers, and Performers, in buildings of not more than 6,000 square feet of floor area.

(15)

NAICS Code 453920 Art Dealers, in buildings of not more than 6,000 square feet of floor area.

(Code 1981, § 8-5-122; Ord. No. 75-3, 4-1-1975; Ord. No. 84-8, 11-6-1984; Ord. No. 87-15, 5-5-1987; Ord. No. 89-3, § 2, 3-7-1989; Ord. no. 2007-18, § 1, 12-4-2007; Ord. No. 2012-06, § 1, 8-7-2012; Ord. No. 2015-15, § 18, 8-4-2015; Ord. No. 2016-18, § 11, 8-16-2016; Ord. No. 2021-06, § 5, 3-2-2021)

The following uses are not permitted in any C-R zone:

(1)

Reserved.

(Ord. No. 2015-15, § 18, 8-4-2015)

The following uses require a special use permit, in accordance with section 93-3.2-5 and 93-3.2-6, in any C-R zone:

(1)

Nursing homes.

(2)

Personal care homes, subject to the restrictions in section 93-2-20.

(Ord. No. 2015-15, § 18, 8-4-2015)

(a)

The mayor and council may authorize the issuance of temporary use permits in the C-R zone, for any use permitted in the C-1 and C-2 zones, upon a finding that the proposed use would not cause adverse noise, glare, parking or traffic conditions, or otherwise unduly impair the value, use or enjoyment of adjacent property.

(b)

Temporary permits shall be for the duration of six months and may be renewed at the discretion of the mayor and council. The mayor and council may stipulate special conditions or restrictions concerning the method of operation of any use granted a six month temporary permit.

(c)

Prior to authorizing the issuance of any six-month temporary use permit, the mayor and council may consider the planning commission recommendations concerning the potential action, including any special conditions or restrictions concerning the method of operation of the use, as may be suggested by the commission. The planning commission and the mayor and council shall use the standards of review found in section 93-25-6 to decide whether or not to recommend approval or denial and to approve or deny the permit.

(d)

A use granted a six-month temporary use permit shall not be granted the status of a lawful nonconforming use as defined and provided for in this chapter.

(e)

If a temporary use is granted, an occupation tax certificate may be issued. Issuance of tax a certificate shall convey no rights to continue the temporary use.

(f)

A temporary use permit issued pursuant to this section which has been approved for use by the mayor and city council for two consecutive six-month terms may be converted upon application to a conditional use permit subject to the standards and requirements set forth above. Such application shall be subject to article 3.2 of this chapter.

(Code 1981, § 8-5-124; Ord. No. 75-3, 4-1-1975; Ord. No. 87-15, 5-5-1987; Ord. No. 2002-06, § 1, 3-5-2002; Ord. No. 2015-15, § 18, 8-4-2015)

Editor's note— Ord. No. 2015-15, § 18, adopted August 4, 2015, renumbered the former section 93-12-3 as section 93-12-5. The historical notation has been preserved for reference purposes.