Hays City Zoning Code

CHAPTER 2

Zoning Districts and Land Uses

Division 2.2.200 Permitted, Limited, Exception, and Prohibited Uses

(Ord. No. 4012, § 1, 7-14-2022)

Division 2.2.300 Compatibility Standards for Limited Uses and Exceptions

(Ord. No. 4012, § 1, 7-14-2022)

Sec. 2.1.101 Purpose

The purpose of Article 2.1, Zoning Districts, is to set out the zoning districts which create varying areas of character throughout the City and extraterritorial jurisdiction area.

Effective on: 8/31/2016

Sec. 2.1.102 Application

This Article establishes the official zoning map which divides all land within the City and extraterritorial jurisdiction area into zoning districts. These zoning districts then establish the basic framework for how most other provisions of this Code are applied.

Effective on: 8/31/2016

Sec. 2.1.201 Zoning Districts Established

Generally. All land within the City and extraterritorial jurisdiction area are divided into the 12 zoning districts that are established by Table 2.1.201A, Zoning Districts Established.

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Neighborhood Conservation (NC) Subdistricts Established. The Neighborhood Conservation (NC) district is divided into five subdistricts that are established by Table 2.1.201B, Neighborhood Conservation (NC) Subdistricts Established. Any reference in this Code to the "NC district" also includes reference to the NC subdistrict.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Zoning of Annexed Land. The City may process an application for an initial City zoning designation, or may designate a newly annexed property's zoning district upon its own initiative, in conjunction with annexation proceedings and the procedures set out in Article 11.2, Permits and Procedures. Land that is not zoned otherwise by the City Commission during the annexation process is zoned A-L, Agriculture, upon annexation until affirmatively rezoned to another district. Simultaneous processing of the annexation and the zoning change is permitted.
Comprehensive Plan Consistency. The zoning districts and associated provisions are intended to implement the Comprehensive Plan, which may be amended from time to time. When a lot or parcel is zoned in a manner that is consistent with the Comprehensive Plan, then the City Commission may find that approvals granted pursuant to the standards of this Code are consistent with the intent of this adopted plan. Therefore, the City expresses its intent that this Code, or any amendment hereto, may not be challenged merely on the basis of an alleged nonconformity with the Comprehensive Plan or other planning policy.

Effective on: 8/31/2016

Sec. 2.1.202 Official Zoning Map

Generally. Zoning districts are shown on the map entitled "Official Zoning Map of Hays, Kansas" (referred to hereinafter as "zoning map"), which is attached hereto and made part of this Code. An official copy of the zoning map is on file and available for inspection during regular business hours at the Department.

Force and Effect. The zoning map and all notations, references, and other information shown on it are a part of and have the same force as the text of this Code.

Status of the Official Zoning Map. The zoning map that is on file at the Department shall control in the event of a conflict between the map that is on file and any other reproduction of the zoning map.

Effective Date. This Code may be adopted before the zoning map. In such case, this Code will not become effective until the zoning map is adopted.

Interpreting the Zoning Map. Where uncertainty exists with respect to the boundaries of the various zoning districts, as shown on the zoning map, the following apply:

The zoning district boundaries are the section lines or the centerlines of roads, streets or alleys, unless otherwise shown.
Where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines, and where the zoning districts designated on the zoning map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning district, unless the boundaries are otherwise indicated on the Zoning Map.
In cases where the Subsections E.1 and E.2, above, do not apply, the zoning district boundary line on the zoning map, shall be determined by the use of the scale appearing on the zoning map.

Designation of Undesignated Land. For the purposes of ensuring that all land has a zoning designation, any land that is not assigned a zoning district on the zoning map is zoned A-L, Agricultural District.

Conflicts Resolved. In the event of a conflict between the district boundaries on the zoning map and the zoning of property provided by a duly enacted rezoning ordinance adopted before the effective date of this Code, the zoning map shall control.

Effective on: 8/31/2016

Sec. 2.1.301 Intent and Purpose

Generally. The regulations set out in this Division are the regulations in the Airport Overlay (A-O) District.

Intent and Purpose.

The Airport Overlay District is designed to establish an airport zone surrounding Hays Regional Airport in Ellis County and to protect those using the airport from hazards that might be erected or constructed on surrounding properties, as well as protect the property owners surrounding the airport from the hazardous consequences of incompatible uses.
The Airport Overlay District establishes additional restrictions on uses of property that may be stricter than those of the underlying district. When this occurs, the more strict requirements apply.

Effective on: 8/31/2016

Sec. 2.1.302 Airport Hazard Zones

Generally. In order to carry out the provisions of this Section, there are hereby created and established certain airport hazard zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Hays Regional Airport.

Map Notation. Airport hazard zones are shown on the City's Airport Zoning Maps which are hereby made a part of this Code.

Airport Hazard Zones. The airport hazard zones are hereby established and defined as follows:

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 16-34 at Hays Regional Airport).
Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual, and 10,000 feet for all others, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.

Overlapping Zones. An area located in more than one of the various airport hazard zones is considered to be only in the zone with the more restrictive height limitations.

Use Restrictions.

Interference. No use may be made of land or water within any zone in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Landfills. No sanitary landfill may be operated or maintained within two miles of any airport boundary in compliance with 49 U.S.C. §44718(d), as amended by Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century, Pub. L. No. 106-181 (April 5, 2000), no new Municipal Solid Waste Landfills (MSWLF) shall be established within six miles of the airport without appropriate state agency exemption.
Wildlife. Land use practices that attract or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife strikes, and are therefore considered incompatible with safe airport operations. Proposed land use practices that could potentially attract hazards shall be reviewed by the airport owners for compliance with FAA regulations.

Nonconforming Uses.

Regulations Not Retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this Code, or otherwise interfere with the continuation of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Code and is diligently pursued.
Marking and Lighting. Notwithstanding Subsection F.1., above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport owner to indicate the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner.

Site Plan. Site plan approval guidelines are subject to the requirements of Section 11.2.407, Site Plans.

Permits.

Future Permits.
1. Generally: Except as specifically provided in this Subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport hazard zone unless a permit therefore shall have been applied for and granted.
2. Application: Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to this Division. If the application meets all requirements to this Division, the permit shall be granted. Uses inconsistent with this Division will be subject to a variance as described in subsection #4 below.
3. Height: Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Division, except as set out in Section 2.1.303, Airport Height Limitations.
  1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limits prescribed for such zones.
  2. In areas lying within the limits of the approach zones but a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 200 feet height above the ground; except when such tree or structure would extend above the height limit prescribed for such approach zone.
  3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when such tree or structure, because of terrain, land contour, or topographical features, would extend above the height limit prescribed for such transitional zones.
Existing Uses.
1. Generally: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Code, as amended from time to time, or than it is when the application for a permit is made.
2. Application: Except as indicated, all applications for such a permit shall be granted.
Nonconforming Uses Abandoned or Destroyed. Whenever the airport owner determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Code.
Variances.
1. Generally: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with ~~the regulations of~~ this Division, may apply to the Board of Zoning Appeals for a variance.
2. Application: Each application for variance shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. No application for variance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance.
3. Granting a Variance: Variances shall be allowed where it is duly found that a literal application or enforcement of this Code will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Division. If the airport owner does not respond to the variance application within 30 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny the variance.
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Division and be reasonable in circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and approved by the City Commission, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.

Effective on: 8/31/2016

Sec. 2.1.303 Airport Height Limitations

Generally. Except as otherwise provided in this Division, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Division to a height in excess of the applicable height herein established for such zone.

Height Limitations. Applicable height limitations are hereby established for each of the zones in question as follows:

Utility Runway Visual Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Utility Runway Non-Precision Instrument Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
Transitional Zones. Slopes 20 feet outward for each one-foot upward beginning at the sides of, and at he same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 20 feet outward for each one-foot upward beginning as the sides of, and the same elevation as, the approach surface and extending to where they intersect the conical surface or horizontal surface.
Horizontal Zone. Established at 150 feet above the airport elevation.
Conical Zone. Slopes 20 feet outward for each one-foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation.
Excepted Height Limitations. Except in the approach zones, nothing in this Division shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height up to 50 feet above the surface of the land.

Effective on: 8/31/2016

Sec. 2.1.304 Enforcement

Generally. It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this Division.

Application. Applications for permits and variances shall be made on a form submitted to the Zoning Administrator and shall be promptly considered and granted or denied. Application for action by the Board of Zoning Appeals shall be transmitted by the Zoning Administrator.

Conflicting Regulations. Where a conflict between any of the regulations or limitations prescribed in this Division, this Code, and state or federal laws, the more stringent limitation or requirement shall govern and prevail.

Effective on: 8/31/2016

Sec. 2.1.401 Purpose and Application

Purpose. It is the purpose of this Division to reasonably regulate development, uses and activities within identified stream corridors and to thereby preserve, conserve, manage disturbance, and attempt to restore Hays' natural stream corridors, pursuant to Hays’ Home Rule authority, Article 12, § 5 of the Kansas Constitution, and in accordance with state and federal statutes, so that the following objectives may be achieved:

Regulate the land use, location, and engineering of all development within the stream corridors to ensure consistency with the intent and objectives of accepted conservation and Best Management Practices (BMPs), prevent further degradation of water resources, and to work within the carrying capacity of existing natural resources;
Assist in the implementation of pertinent federal, state, and local laws concerning clean water, pollutant discharges, storm and surface water management, erosion and sediment control and flood control;
Improve surface and ground water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using scientifically-proven processes including:
1. Filtration;
2. Deposition;
3. Absorption;
4. Adsorption;
5. Plant uptake;
6. Denitrification; and by
  1. Improving infiltration;
  2. Encouraging sheet flow; and
  3. Stabilizing concentrated flows.
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, and other uses, in addition to supporting recreational uses and sustaining diverse populations of aquatic flora and fauna;
Preserve and protect areas that intercept storm and surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and reduce, to the maximum extent practicable, the effects of the entry of associated nutrients, sediment, organic matter, pesticides, or other pollutants into surface waters, as well as provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, and, where appropriate and feasible, provide opportunities for recreational activities;
Manage development within floodplains, on land adjacent to stream segments with greater than 15 percent slopes, and other environmentally sensitive areas to minimize hazards to life, property, and stream features;
Save short and long-term costs by minimizing the installation of costly infrastructure such as pipes;
Recognize that natural features contribute to the welfare and quality of life of Hays’ residents;
Provide natural, scenic, and recreation areas within and adjacent to stream corridors for the community's benefit;
Encourage the infiltration of rainfall to increase groundwater recharge and provide for a water supply more resilient to drought impacts; and
Create added value to lands adjacent to stream corridors.

Application.

This Division shall apply to all land or new development within the stream corridor, as defined by this Division and applied to designated stream segments identified on the most current map of the High Resolution National Hydrography Data Set adopted by the City of Hays. No development shall occur on a parcel of land that is within or partially within the defined stream corridor, except in accordance with this Division; provided, however, that this Division shall not apply to land or to development, which:
1. Is on land covered by an approved, unexpired preliminary plat or preliminary plan, where such approval was given prior to the effective date of this Division; or
2. If platting is not required prior to issuance of a building permit, is covered by a unexpired building permit issued prior to the effective date of this Division, in accordance with rules and regulations of the City of Hays governing building permits.
No development application shall be approved that proposes development on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this Division.

Effective on: 8/31/2016

Sec. 2.1.402 Stream Corridor Defined

Stream Corridor Width. Stream corridor widths are determined by the size of the drainage area relative to the stream. The location of designated stream segments shall be as delineated on the Official Zoning Map. At all designated stream segment locations, the stream corridor shall consist of inner and outer zones. The width of each zone within the stream corridor is defined below. See Table 2.1.402, Minimum Stream Corridor Width.

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Guidelines. The general guidelines used to determine the width of each zone are as follows:
1. Inner Zone. The inner zone is defined as that area that is within 25' from the edge of the stream bank, measured horizontally from the edge of the stream bank.
2. Outer Zone. The outer zone is a variable width zone that is determined by subtracting 25 feet from the required minimum stream corridor width set out in Table 2.1.402, Minimum Stream Corridor Width, above, and measured horizontally from the outer boundary of the inner zone. The outer zone includes a distance that comprises all lands with slopes that are greater than 15 percent and include floodplains; provided that these features occur, in part, within the inner or outer zones.
Areas Subject to Flooding. In areas subject to flooding from Big Creek, Lincoln Draw/Montgomery Ditch, or Chetolah Creek, the buffer width need not coincide with the width of the floodplain. The minimum buffer width shall be no smaller than the width specified in Table 2.1.402, Minimum Stream Corridor Width, above.

Effective on: 8/31/2016

Sec. 2.1.403 Ponds

Where manmade ponds interrupt streams, the stream corridor as defined in Section 2.1.402, Stream Corridor Defined, shall stop at the pond and resume on the other side of the pond. Where ponds are removed or filled in as part of development, the stream shall be restored through that area and the stream corridor buffer shall be created using the typology for adjacent stream sections.

Effective on: 8/31/2016

Sec. 2.1.404 Prohibitions

Any use or activity that is not identified as being permitted by this Division within any stream corridor zone, as set out in Sec. 2.1.405, Regulated Uses, Structures, and Activities, is prohibited in all identified stream corridors. Mowing or clearing of the inner zone shall be specifically prohibited, except in cases of continued agricultural uses or unless approved by the Stormwater Superintendent.

Effective on: 8/31/2016

Sec. 2.1.405 Regulated Uses, Structures, and Activities

General Applicability to Stream Corridor. No development shall be undertaken on land in a stream corridor unless a development application has been approved authorizing the applicant to perform the development proposed in the application; provided that no development application shall be approved unless the development proposed is, in all respects, in conformity with the requirements of this Division.

Uses and Activities Permitted in the Inner Zone.

Conservation uses, wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of parklands.
Unpaved recreational trails and greenways.
Education/scientific research.
Stream bank stabilization and other storm water Best Management Practices (BMPs).
Activities associated with the restoration and enhancement of stream corridors.
Excavation and fill required to plant any new trees or vegetation.
Installation of water and wastewater facilities, provided that, the owner of the facilities provides information to the Public Works Department that is sufficient to allow the Public Works Director to determine that the installation of the facilities in the outer zone is infeasible. Feasibility will be determined through consideration of factors, such as geology, topography, and the presence of unique habitat in the stream corridor. Water and wastewater facilities will be permitted to cross the inner zone and stream as necessary, provided that the number of crossings is minimized to the greatest extent possible.
Public infrastructure.

Uses and Activities Permitted in the Outer Zone.

All uses and activities permitted in the stream side zone.
Paved recreational trails.
Fences; provided however, that such fences must be constructed so as not to impede floodwaters.
Installation of utilities, including water and wastewater facilities.

Additional Uses and Activities Permitted in the Outer Zone, with Public Works Director Approval.

Passive uses, such as camps, campgrounds, picnic areas and golf courses.
Minor recreational structures and surfaces that are ancillary to passive recreational uses as set out in Subsection D.1, above; provided that the total impervious area created by such structure(s) in residential areas shall not exceed 200 square feet per single family residential lot. Examples of such permitted structures include, but are not limited to, decks, gazebos, picnic tables, playground equipment, and small concrete slabs built to accommodate such permitted structures.

Single Family Residential Rear Yard Allowance. The rear yard of a single-family residential use may extend into the outer zone; provided, however, that the rear of the actual residential structure may not be located nearer than 20 feet from the outer edge of the outer zone and no ancillary structure may be located in the outer zone (only those ancillary structures otherwise permitted by this Division may be located in the outer zone), and further that any development satisfies the open space and setback requirements of this Division and Code.

Uses Subject to Federal and/or State Approval. The following in-stream activities are regulated and require approval from the United States Army Corp of Engineers (USACE) or Environmental Protection Agency (EPA), the Kansas Department of Health and Environment (KDHE), or other appropriate federal and state agencies; provided that, the requisite state and/or federal approvals are provided to the City of Hays:

Dredging;
Filling;
Excavation;
Draining; and
Clearing.

Effective on: 8/31/2016

Sec. 2.1.406 Activities Permitted in All Stream Corridor Zones

The following activities are allowed within all zones of the stream corridor:

Agricultural Activities. Existing and ongoing agricultural activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than five years or so long that modifications to the hydrological regime are necessary to resume agricultural activities, unless the idle land is registered in a federal or state soils conservation program.
Maintenance. Maintenance/repair of public right-of-way, streets, public structures.
Site Investigation. Site investigation work necessary for initial land use applications, such as surveys, soil logs and percolation tests, and special studies as required by this Division; provided, however, that the land must be restored to its pre-investigation condition.
Reconstruction. Reconstruction, remodeling or maintenance of existing structures, provided that the activity does not expand the existing use beyond the previously approved use so as to physically extend into or adversely affect the stream corridor.
Maintenance of Landscaping. Routine maintenance of existing landscaping within a lot's boundaries, including pruning, removal of diseased trees or other diseased vegetation, and replacement of individual plants when necessary to maintain a unified landscape theme.
Vegetation Control. Control of vegetation defined as state noxious weeds by K.S.A. 2-1314 et seq., by the recommended methods or alternative methods established by the State Board of Agriculture, Noxious Weed Division.
Emergency Actions. Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be taken at any time without advance notice to the Public Works Director; provided that, the notice, as required by this Division, shall be given at the earliest opportunity after the emergency action.

Effective on: 8/31/2016

Sec. 2.1.407 Enforcement

The Director of Public Works is authorized and empowered to enforce the requirements of this Division in accordance with the procedures set out in Sec. 11.2.311, Stream Corridor Development Requirements. In doing so, the Director of Public Works shall have all the enforcement powers and may employ all or any of the remedies set forth in this Code.

Effective on: 8/31/2016

Sec. 2.1.408 Abrogation and Greater Restrictions

It is not intended that this Division repeal, abrogate, or impair any existing regulations, easements, covenants or deed restrictions. However, where this Division imposes greater restrictions, the provisions of this Division shall prevail.

Effective on: 8/31/2016

Sec. 2.2.101 Purpose

The purpose of this Article is to establish the permitted, limited, exception, and prohibited uses in each zoning district and the additional standards that apply to limited uses and exceptions.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.102 Application

Overlay Districts. Set out in Division 2.1.300, Airport Overlay District, and Division 2.1.400, Stream Corridor Overlay District, are the standards and restrictions applicable to the use of land, buildings and structures, and activities within the airport hazard zones and stream corridor inner and outer zones, respectively. These overlay districts include regulatory provisions that are applicable to the districts and uses set out in this Article.

Land Use. Set out in Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses, are the uses that are allowed, allowed with additional review ("limited uses" and "exceptions," see Subsection C., below), and not allowed in each zoning district. It also lists uses that are not allowed anywhere in the City and provides a process for determining how a new or unlisted use should be considered.

Limited Uses and Exceptions. Set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, are the additional standard for certain uses that, because of their operational characteristics, design issues, and potential to be a nuisance, require additional standards to ensure their compatibility with other uses in the same district or on nearby properties in other districts. Limited uses and exceptions are defined as follows:

Limited Uses. Limited uses are uses that have impacts that are different in kind or scale from permitted uses in the same district, which are mitigated by the specific standards contained in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions. Applications for approval of limited uses are decided by the Zoning Administrator, who applies these specific standards.
Exceptions. Exceptions have a higher potential for impact than limited and permitted uses, and may or may not be permitted on a particular parcel. Applications for approval of exceptions are decided by the Board of Zoning Appeals, which applies the standards in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, and Section 11.2.408, Exception Permits.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.201 Interpretation of Land Use Tables

Generally. This Section, including Figure 2.2.201, Illustrative Interpretation of Land Use Tables, sets out how the land use tables are interpreted.

Displayed in Section 2.2.202, Residential and Commercial Uses of the Home, through Section 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, are the tables that set out which uses are permitted, limited, exception, and prohibited in each zoning district.
The tables list uses in white and light brown rows (the name of the use is listed in the first column), sometimes organized by category (darker brown rows).
The second column, "Limited Use and Exception Standards," refers to the Section which provides the use-specific standards that apply to limited uses or exceptions for districts in which the use is limited or exception.
The remaining columns list the zoning districts by category.
In the table cells where rows and columns intersect, a letter or symbol indicates if the use is permitted, limited, exception, or prohibited in the district.

Figure 2.2.201

Illustrative Interpretation of Land Use Tables

Example: A person wants to know if Example Use A is allowed on a parcel of land that is located in the C-2 district. The use is listed as "L," (shown in bold blue type with yellow background, below) which means that it is allowed, provided that it meets some additional standards that are set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions (see subsection B for details about the symbols in the illustration).

Illustrative Land Use Table
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
A Group of Related Uses Follows
Example Use A	A cross reference will be shown in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.	--	--	--	--	--	L	E	E	E	--	--
Example Use B	There is no L or S in this row, therefore there is no cross-reference (e.g., N/A).	P	P	--	P	P	--	--	--	--	P	P
TABLE NOTES: This is where additional regulatory provisions, clarity, or interpretations may be found specific to a row, column, or cell. Table notes are enforceable by the Zoning Administrator.

Table Symbology. All the tables use the following symbols:
1. "P" means that the use is Permitted in the specified zoning district. The uses are approved by the Zoning Administrator, subject to the standards of this Code that apply to all permitted uses.
2. "L" means that the use is allowed as a Limited Use in the specified zoning district. Limited uses are approved by the Zoning Administrator, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
3. "E" means that the use is an Exception in the specified zoning district. Exceptions are approved by the Board of Zoning Appeals after a public hearing, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
4. "--" means that the use is Prohibited in the specified zoning district.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.202 Residential and Commercial Uses of the Home

Generally. This Section sets out the residential and commercial uses of the home and allowed neighborhood types allowed per each zoning district.

Residential and Commercial Uses of the Home. As set out in Table 2.2.202A, Residential and Commercial Uses of the Home, are the residential and commercial uses of the home that are allowed in each zoning district.

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Neighborhood Types. As set out in Table 2.2.202B, Residential Neighborhood Types, are the neighborhood residential types that are allowed in each zoning district.

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.203 Institutional, Recreational, and Amusement Uses

The institutional, recreation, and amusement uses allowed in each zoning district are set out in Table 2.2.203, Institutional, Recreation, and Amusement Uses.

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.204 Commercial Uses

The commercial uses allowed in each zoning district are set out in Table 2.2.204, Commercial Uses.

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.205 Agriculture, Industrial, Utility, Transportation, and Communication Uses

The agriculture, industrial, transportation, utility, and communication uses that are allowed in each zoning district are set out in Table 2.2.205, Agriculture, Industrial, Transportation, Utility, and Communication Uses.

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 12/19/2023

Sec. 2.2.206 NC Uses by Subdistrict

Set out in Table 2.2.206, Allowed New Uses in NC Subdistricts, are the allowable uses for NC subdistricts for parcels proposed for development.

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.207 Prohibited Uses in All Districts

The following uses are prohibited in all districts, in the City's jurisdiction:

Disposal of radioactive wastes;
Animal feeding operations;
Vehicle wrecking and salvage yard; junk yard;
Animal breeding;
All uses that are prohibited by local ordinance, or require the use or sale of materials that are prohibited by local ordinance; and
All uses that are prohibited by state or federal law or require the use or sale of materials that are prohibited by state or federal law.

Effective on: 8/31/2016

Sec. 2.2.208 Unlisted or Functionally Similar Uses

Authorization of Proposed Use. If a proposed use is not specified in Section 2.2.202, Residential and Commercial Use of the Home; Section 2.2.203, Institutional, Recreational, and Amusement Uses; Section 2.2.204, Commercial Uses; or Section 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, and the Zoning Administrator has made a determination that the use is functionally similar to a permitted use, limited use, or exception, the Zoning Administrator will authorize the proposed use, and apply all standards that would have applied to the similar use.

If Not Authorized Then Prohibited. If the Zoning Administrator determines that a proposed use is not functionally similar to a permitted use, limited use, or exception, then the use is a prohibited use.

Decision Criteria. The following decision criteria shall be evaluated when the Zoning Administrator, or at the Zoning Administrator's discretion, the Planning Commission, decides whether a proposed use is functionally comparable to a permitted use, limited use, or exception:

Parking demand;
Average daily and peak hour trip generation (cars and trucks);
Impervious surface;
Regulated air or water emissions;
Noise;
Lighting;
Dust;
Odors;
Solid waste generation;
Potentially hazardous conditions, such as projectiles leaving the site;
Use and storage of hazardous materials;
Character of buildings and structures;
Nature and impacts of operation; and
Hours of operation.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

2.2.301 Limited Uses and Exceptions, Generally

Timing of Compliance. The standards of this Division apply at the time a limited use or exception is requested to be established in an existing or new structure, and when an existing limited use or exception is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use. This Division applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof.

Other Applicable Standards. The standards of this Division are applied in addition to the other applicable standards of this Code.

Procedures. For exceptions, the procedures set out in Section 11.2.408, Exception Permits, apply.

Uses Not Listed. If there are exceptions specified in the tables of Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses, that are not included in this Division, all applicable standards and all conditions of approval that may be determined by the Planning Commission and City Commission shall apply.

Limited Use and Exception Tables. Set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, contain standards that apply to each of the limited uses and exceptions. The tables are interpreted as follows:

Use. The first column, Use, lists the use to which the standards specified in the same row apply.
District. The second column, District, lists the district in which the standards specified in the same row apply. This may mean that different standards apply to the use, depending upon the district in which it is located.
Location. The third column, Location, specifies where the use may be located (e.g., in the C-3 district, residential is only allowed above a nonresidential use), or certain minimum spacing (e.g., 600 feet between similar uses), etc.
Design. The fourth column, Design, specifies the design requirements that are specific to this use.
Other Standards. The fifth column, other, specifies additional standards that are specific to the use (e.g., operational limitations, licensing requirements, etc.).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.302 Residential Use Compatibility Standards

Generally. The standards of this Section apply to residential uses that are set out in Table 2.2.202, Residential and Commercial Uses of the Home, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.302, Residential Limited Use and Exception Standards, are the standards that apply to each use.

Individual Uses.

Apartment.
1. District: C-3 and M-U
2. Location: N/A
3. Design: Apartments are allowed as follows:
  1. In the C-3 district, they are integrated into mixed use buildings.
  2. All units are accessed via interior hallways.
  3. The design of the apartment buildings shall be in conformance with all applicable provisions of Section 10.1.102, Multi-Family Design Standards. Not more than 40% of the main floor is to be permanent living space.
4. Other: N/A
Live-Work Units.
1. District: C-3
2. Location:
  1. C-3: N/A
  2. M-U: In mixed housing neighborhoods, live-work units shall be separated from single-family detached housing by a Type A bufferyard or public street
3. Design: C-3 and M-U
  1. Live-work units shall comply with the following:
    1. Live-work units shall be designed as single-family attached units in the form of a triplex or townhouse.
    2. Each unit must be designed with an external appearance as a residence rather than a commercial business.
    3. Required parking for the dwelling units shall be provided via an alley, parking structure, or parking court.
    4. Parking for patrons shall be accommodated on-street or in a parking structure.
    5. Signage shall be as follows:
      1. M-U District: A single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
      2. C-3 District: A single placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling, or a single projecting sign with a maximum of two square feet may be affixed to the street-facing facade of the dwelling.
    6. The area devoted to work does not exceed:
      1. M-U District: 25 percent of the total habitable area of the unit; or
      2. C-3 District: 40 percent of the total habitable area of the unit.
    7. The area devoted to work shall be located on the ground floor.
4. Other:
  1. C-3: N/A
  2. M-U: Employees are restricted to the residents of the dwelling.
Manufactured Home.
1. District: A-L, R-S, R-G and N-C
2. Location:
  1. A-L, R-S and R-G:
    1. Option 1: The manufactured home is located within a manufactured home park or subdivision, and meets the standards of Section 9.1.304, Manufactured Home Park or Subdivision, Section 10.1.103, Manufactured Home Unit Design Standards, and other applicable sections of this Code; or
    2. Option 2: The manufactured home is not located in a manufactured home park or subdivision but meets the standards of Section 10.1.103, Manufactured Home Unit Design Standards (including Subsection F., Architectural and Aesthetic Compatibility) and other applicable sections of this Code.
  2. N-C: The use existed on the effective date of this Code or a new manufactured home on a parcel proposed for development meets the provisions of Option 2, above.
3. Design: N/A
4. Other: N/A
Modular Home.
1. District: A-L, R-S and R-G
2. Location: N/A
3. Design: Each modular home shall be required to be placed on a permanent foundation and meet all other standards that apply to single-family detached or single-family attached housing (whichever may be applicable).
4. Other: Each modular home shall be required to provide a manufacturer certification at the time of permitting certifying that the dwelling unit has been constructed in accordance with the City's nationally recognized building code.
Single-Family Attached.
1. District: R-G, R-M, R-S and M-U
2. Location:
  1. R-G, R-M and R-S: They are not located closer than 150 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street.
  2. M-U: N/A
3. Design:
  1. R-G, R-M and R-S: Within the allowable neighborhood types, they are separated from single-family detached dwellings by a Type A bufferyard or a local street (see Division 4.1.400, Bufferyards.
  2. M-U:
    1. Duplexes, if provided, are limited to side-by-side duplexes, with orientation of the front door to the street.
    2. Triplexes, if provided, are limited to front door orientation to the front of the street.
4. Other:
  1. R-G, R-M and R-S: N/A
  2. M-U: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.
Single-Family Detached.
1. District: M-U
2. Location: The use existed on the effective date of this Code.
3. Design: N/A
4. Other: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.

Neighborhood Types.

Manufactured Home Park or Subdivision.
1. District: R-G
2. Location: N/A
3. Design: N/A
4. Other: See Section 9.1.304, Manufactured Home Park or Subdivision.
Recreational Vehicle (RV) Park.
1. District: A-L and I-1
2. Location: The recreational vehicle (RV) park is located no closer than 500 feet to any property zoned R-S, R-G, or NC, unless separated from such districts by a collector or arterial street, or a bufferyard as set out in Sec. 9.1.305, Recreational Vehicle (RV) Parks, Subsection D..
3. Design: N/A
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.303 Commercial Use of the Home Compatibility Standards

Generally. The standards of this Section apply to commercial uses of the home that are set out in Table 2.2.202, Residential and Commercial Uses of the Home, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.303, Commercial Use of the Home Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Child-Care, Family Day Care Home.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against the street-facing facade of the dwelling.
  2. There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.
3. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Child-Care Facility, Group Day Care Home or Child-Care Facility, Youth Residential.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Location: Same provisions as for child-care, family day care home, above.
3. Design: Same provisions as for child-care, family day care home, above.
4. Other: Same provisions as for child-care, family day care home, above.
Home Occupations.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. No sign shall be permitted unless required by state statute, and if so required, shall not exceed two square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
  2. No alteration of the principal residential building shall be made which changes the character of such a building as a residence.
  3. No commodities shall be displayed or sold on the premises except that which is produced on the premises.
  4. No outdoor storage of materials or equipment used in the home occupation shall be permitted.
  5. No manufacturing or processing of any sort shall be done, and no stock-in-trade shall be displayed or sold on the premises.
3. Other:
  1. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
  2. No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.
  3. The following types of home occupations are permitted:
    1. Dressmakers, seamstresses, and tailors;
    2. Music teachers, provided that instruction shall be limited to five pupils at a time;
    3. Dance and drama instructors, provided that instruction shall not be limited to no more than 10 pupils at one point;
    4. Artists, sculptors, and authors or composers;
    5. Offices for architects, engineers, lawyers, realtors, insurance agents, brokers, and members of similar professions;
    6. Ministers, rabbis, and priests;
    7. Offices of salesmen, sales representatives, manufacturer's representatives, when no exchange of tangible goods is made on the premises;
    8. Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the home crafts listed in this Subsection when pursued as a hobby or a vocation;
    9. Day care centers or babysitters caring for less than five unrelated children.
  4. The following home occupations are prohibited:
    1. Funeral homes;
    2. Restaurants;
    3. Small grocery stores;
    4. Stables and animal breeding;
    5. Tourists or vacation rental homes;
    6. Renting of trailers or equipment;
    7. Animal boarding or veterinarian services, small animal and animal boarding or veterinarian services, large animal;
    8. Vehicle sales, rental, and service;
    9. Personal services;
    10. Services such as small appliances, radio, and television repair; and
    11. Photographic studios and laboratories.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.304 Institutional Use Compatibility Standards

Generally. The standards of this Section apply to institutional uses that are set out in Table 2.2.203, Institutional, Recreation and Amusement Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.304, Institutional Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Assisted Living Facility.
1. District: R-S, R-G, R-M, C-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design:
  1. In the C-1 District, the building shall be an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character
  2. The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Cemetery or Mausoleum.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.4, C-1 and C-2
2. Location: A mausoleum use shall be separated from single-family detached dwelling units by a Type B bufferyard.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: Nothing in this Subsection shall be construed to make an existing cemetery a nonconforming use with respect to the requirements of this Code.
College/University/Vocational School.
1. District: C-3, I-1 and M-U
2. Location: A Type C bufferyard between the use and abutting residential uses/district will be planted, unless equivalent buffering is already provided.
3. Design: Circulation and parking plans are submitted to and approved by the City, which demonstrate:
  1. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use;
  2. On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and
  3. Parking will be accommodated on campus or in parking lots adjacent to or near the campus so as to preserve the traffic carrying capacity of local streets for the purpose of public safety.
4. Other: N/A
Funeral Home/Mortuary/Funeral Chapel/Crematory.
1. District: R-G, R-M, NC.2, NC.3, NC.4, C-1, C-2, I-1 and M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. In the R-G and R-M districts:
    1. There is no cremation on-site; and
    2. The use takes access from a collector or arterial street.
  2. In the NC.2, NC.4, C-2, I-1, and M-U districts:
    1. If cremation is performed, a supplemental filtration system is installed to reduce airborne mercury and particulate matter; and
    2. The use takes access from a collector or arterial street.
4. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
  2. Only a crematory is an exception in the NC.1, NC.2, and NC.4 Subdistricts.
  3. Funeral homes and mortuaries are an exception in the NC.3 and NC.4 Subdistricts.
Government and Public Institutions.
1. District: A-L, R-S,R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, I-1, I-2, M-U and NC
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. The facility shall be located on and have access to a collector or arterial street.
  2. When the site abuts a residential district or use, it shall be screened by a Type C bufferyard.
4. Other: N/A
Group Day Care Center.
1. Districts: R-G, R-M, NC.2, NC.3, NC.4, N-C, C-1, C-3 and M-U
2. Location: In the NC districts, the use existed as a group day care center on the effective date of this Code.
3. Design:
  1. The facility shall have at least one building entrance dedicated solely for its use.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Hospitals/Medical Office/ Clinic/Medical Lab.
1. Districts: M-U and P-I
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: N/A
4. Other: Hospitals that are operated by a governmental entity are allowed in the A-L, NC.1 and P-I districts.
Museum/ Non-Profit Institutions.
1. District: M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: N/A
Nursing / Convalescent Home.
1. District: R-M, C-1, I-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design: The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Place of Public Assembly.
1. District: R-S, R-G, R-M, N-C, C-3, C-1, I-1 and M-U
2. Location:
  1. R-S, R-G and R-M: N/A
  2. N-C: The use existed as a place of public assembly on the effective date of this Code.
  3. C-3: N/A
  4. C-1, I-1 and M-U: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. R-S, R-G and R-M:
    1. The use has a minimum site area that is three times the minimum lot size of the respective district.
    2. The parcel proposed for development is located along and arterial or collector street.
    3. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
  2. N-C: N/A
  3. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
4. Other:
  1. R-S, R-G and R-M: N/A
  2. N-C: The existing use may be expanded on-site or to abutting lots if:
    1. The expansion will allow the use to take access from an arterial or collector street;
    2. The owner of the property also owned the abutting lot onto which the expansion is proposed on the effective date of this Code.
    3. The expansion will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless an equivalent buffer is already provided (see Division 4.1.400, Bufferyards).
  3. C-3, C-1, I-1 and M-U: N/A
Schools, Public and Private.
1. District: C-1, I-1, M-U and C-3
2. Location:
  1. C-1, I-1 and M-U: In the C-1, I-1, and M-U districts, it shall be designed as part of an overall planned development.
  2. C-3: N/A
3. Design:
  1. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
    3. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use.
  2. C-3:
    1. Parking shall be:
      1. Be accommodated through on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly; and
      2. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.
    2. Other:
      1. The parcel proposed for development is located along and arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.305 Recreation and Amusement Use Compatibility Standards

Generally. The standards of this Section apply to recreation and amusement uses that are set out in Table 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.305, Recreation and Amusement Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Campground.
1. District: A-L, NC.1 and P-I
2. Location:
  1. The minimum area of the parcel proposed for development is two acres.
  2. Recreational vehicles shall be located no less than 20 feet from any public street, right-of-way, or property line.
  3. All campgrounds shall have access from an arterial or collector street.
3. Design:
  1. A solid fence or wall at least six feet in height when abutting residentially zoned property or use.
  2. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  3. Provide one service building.
    1. Cannot be located closer than 25 feet from any designated camping space.
    2. Shall not be located further than 600 feet from any camping space.
    3. Have one flush toilet, one lavatory, and one shower or bathtub per nine camping spaces.
  4. A maximum density of 20 camping spaces per gross area, and a minimum area of 1,250 square feet for each space.
  5. Campgrounds shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
  6. Each camping space shall be at least 25 feet in width and 50 feet in depth.
4. Other:
  1. Sales of recreational vehicles are not allowed.
  2. The maximum duration of a stay for any one camper cannot exceed a total of 15 days during any given month.
Commercial Amusement, Indoor.
1. District: C-1 and M-U
2. Location:
  1. Outdoor activity areas are separated from residential uses by a Type C bufferyard or public street right-of-way.
  2. The building is located no less than 100 feet from any residential use.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
  3. Lighting for outdoor activities is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  4. Primary access to the use is from a collector or arterial street.
4. Other: N/A
Commercial Amusement, Outdoor.
1. District: C-2 and M-U
2. Location: Commercial amusement, outdoor uses that include amusement rides, gasoline-powered go-cart tracks, gasoline-powered bumper boats, or are designed to accommodate more than 500 persons shall be spaced not less than 400 feet from residentially zoned or used property, measured along a straight line between the closest lot lines.
3. Design:
  1. The minimum area of the parcel proposed for development is one acre.
  2. The height to the tallest element on each amusement ride is limited to the maximum height for principal buildings in the underlying zone, except that taller amusement rides may be approved by the Planning Commission.
  3. Lighting must be designed to prevent off-site glare and sky glow and additional setbacks or minimum parcel area may be required for facilities with decorative lighting.
  4. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  5. Amphitheater stages and drive-in screens shall face away from the nearest residential uses.
  6. If the use is located within 400 feet, measured along a straight line between the closest lot lines, then the use shall not operate between 9:00 p.m. and 9:00 a.m., Sundays through Thursdays, and 11:00 p.m. and 9:00 a.m. on Fridays and Saturdays.
4. Other: N/A
Golf Course.
1. District: A-L, R-S, R-G, R-M and M-U
2. Location: As a part of a planned development in the A-L, R-S, R-G, R-M and M-U districts.
3. Design: N/A
4. Other: N/A
Recreation and Fitness, Indoor.
1. District: C-3, I-1 and M-U
2. Location: The use is separated from all residential uses by a Type B bufferyard or public streetright-of-way.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
4. Other: N/A
Recreation and Fitness, Outdoor.
1. District: A-L, R-S, R-G, R-M, C-1, I-1, M-U and P-I
2. Location: Public park areas designed and intended for active recreational use are separated from abutting residential districts and uses by a Type C bufferyard.
3. Design:
  1. Off-street parking complies with Section 5.2.102, Required Off-Street Parking and Loading Spaces.
  2. Access to service and parking areas for over 50 vehicles is from a collector or arterial street.
  3. All lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: After hours lighting is limited to that necessary only for security purposes.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.306 Commercial Use Compatibility Standards

Generally. The standards of this Section apply to commercial uses that are set out in Table 2.2.204, Commercial Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.306, Commercial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Alcoholic Beverage Sales.
1. District: M-U
2. Location: As part of a planned development where the building is located no less than 200 feet from any residential use.
3. Design: N/A
4. Other: All applicable state laws apply.
Animal Boarding and Veterinarian Services, Large Animal.
1. District: I-1 and I-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. I-1:
    1. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
    2. There will be no outdoor livestock pens.
  2. I-2:
    1. Outdoor livestock pens:
      1. Will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals.
      2. Shall be set back at least 50 feet from all lot lines and are allowed only to the rear of the use, provided that the abutting property is zoned A-L or C-2.
4. Other: N/A
Animal Boarding and Veterinarian Services, Small Animal.
1. District: C-1, I-1, C-3, M-U and C-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. C-1, I-1, C-3 and M-U: The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
  2. C-2: Outdoor dog runs and animal exercise areas will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals(see Division 4.1.400, Bufferyards).
4. Other: No livestock or large animals will be boarded, treated, or kept on the premises.
Drinking Establishment.
1. District: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3: No entrance faces a residential district or use unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
  2. M-U: No entrance faces a residential district unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
3. Design:
  1. Uses with dancing or live entertainment restrict that the portion of the building used for dancing or entertainment such that no opening faces a residential district or use than stationary insulated glass windows, which shall be screened or draped in a manner to prevent direct light from shining onto such residential district or use.
  2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: All applicable state laws apply for the on-site consumption of alcohol.
Drive-In, Drive-Through Facility.
1. District: C-1, C-2, C-3, I-2 and P-I
2. Location:
  1. C-1, C-2, C-3 and I-2:
    1. Drive-in, drive-through facilities are permitted only as an accessory use to a principal use (e.g., restaurant or bank).
    2. The facility shall take access from an arterial or collector street.
  2. P-I: N/A
3. Design:
  1. The drive-in, drive-through facility shall not be located within the front yard.
  2. Ordering stations facing abutting residentially zoned or used property shall be buffered with a five to six foot high masonry wall and landscaping.
4. Other:
  1. C-1, C-2, C-3 and I-2: N/A
  2. P-I: Drive-in and drive-through uses are allowed to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, etc.)
Farmers' Market.
1. District: A-L, C-1, C-2, C-3, P-I and M-U
2. Location:
  1. A-L, C-1, C-2, C-3 and P-I: The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The site has been supplied with electrical power at secured, in-ground stations that may be accessed by temporary users.
  3. The use will be conducted so that is does not create parking or traffic congestion.
4. Other: N/A
Grocery Store.
1. Districts: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3:
    1. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    2. The facility shall take access from an arterial or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    3. The facility shall take access from an arterial or collector street.
3. Design:
  1. C-1 and C-3:
    1. Cannot be larger than 40,000 square feet.
    2. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    3. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    4. A truck routing plan shows that the ingress and egress to the site does not use a local street.
    5. No drive-in/drive-through facilities.
  2. M-U:
    1. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. Other: N/A
Heavy Retail.
1. District: C-2, M-U and I-1
2. Location: The facility shall take access from an arterial or collector street.
3. Design:
  1. C-2 and M-U: Outdoor display areas:
    1. Cannot be larger than 30 percent of the footprint of the principal building.
    2. Must be enclosed by a structure that screens the merchandise.
    3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
  2. I-1:
    1. The use involves the sale of a single category of merchandise and is characterized by one or more of the following:
      1. Outdoor displays that are larger in area than the footprint of the principal building;
      2. The sale of goods that are manufactured on-site.
    2. Permitted examples include:
      1. Permanent retail operations that are located outside of enclosed buildings;
      2. Lumber and other building materials; or
      3. Lawn, garden equipment, and related supplies stores.
    3. Prohibited examples include: warehouse clubs, super stores, and home centers.
4. Other: N/A
Hotel/Motel.
1. District: C-1, C-2, I-1, C-3 and M-U
2. Design:
  1. C-1, C-2 and I-1: All rooms are accessed via interior hallways.
  2. C-3 and M-U:
    1. The use can be integrated into mixed use buildings with rooms located above the ground floor.
    2. All rooms are accessed via interior hallways.
    3. Surface parking shall be located behind the building. A parking structure shall be located behind or underneath the building.
3. Other: N/A
Mixed Use.
1. District: C-2 and M-U
2. Location: As part of a planned development in the C-2 and M-U districts.
3. Design: N/A
4. Other: N/A
Nursery/Greenhouse, Retail.
1. District: A-L, I-1 and M-U
2. Location:
  1. A-L:
    1. The facility shall take access from an arterial or collector street.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
  2. I-1: N/A
  3. M-U: As part of a planned development in the M-U district.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. Bulk sales of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stored or sold on-site.
  4. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A
Office, General.
1. District: M-U
2. Location:
  1. As part of a planned development in the M-U district.
  2. The facility shall take access from an arterial or collector street.
3. Design: N/A
4. Other: N/A
Parking Lot/Parking Structure, Stand Alone.
1. District: C-1, C-2, C-3, M-U and P-I
2. Location: The location of ingress and egress minimizes traffic congestion and the effect of headlights on residential uses.
3. Design:
  1. Parking structures in the C-2, C-3, and M-U districts shall not exceed two levels above grade.
  2. Parking structures in the P-I district shall not exceed three levels above grade.
  3. Parking structures in the C-2, C-3, M-U- and P-I shall be buffered from adjacent streets, highways, and uses by a Type B bufferyard.
4. Other: N/A
Pawn Shop.
1. District: C-2
2. Location: The facility on the parcel proposed for development lot line shall not be closer than 200 feet from a residential zone or use.
3. Design: N/A
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Personal Services.
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Restaurant.
1. District: NC.3, M-U and P-I
2. Location:
  1. NC.3 and M-U:As part of a planned development in the NC.3 and M-U districts.
  2. P-I: N/A
3. Design:
  1. NC.3 and M-U: N/A
  2. P-I:
    1. Permitted as part of an accessory use to a principal use which serves employees and patrons.
    2. Does not have signage that is visible from a street that is collector or greater capacity.
    3. Has a floor area of less than 5,000 square feet.
4. Other: N/A
Retail Sales and Services.
1. District: NC.3 and M-U
2. Location: As part of a planned development in the NC.3 and M-U districts.
3. Design: N/A
4. Other: N/A
Showrooms: .
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Vehicle Gas or Fueling Station (including charging stations for electric vehicles).
1. District: NC.3, C-1 and M-U
2. Location: N/A
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The use is separated from all residential districts and uses by a Type B bufferyard.
  3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
  4. The use shall not be located within:
    1. The 100-year or 500-year floodplain.
    2. 200 feet of a wetland, waterbody (except detention or retention with treatment), or permitted potable water well.
4. Other: N/A
Vehicle Sales, Rental, and Service.
1. District: C-2 and I-1
2. Location: N/A
3. Design:
  1. All outdoor display areas for rental or sales of vehicles shall:
    1. Be located on an approved hard surface;
    2. Be located in areas that are outside of the minimum required parking spaces for the use;
    3. Be located outside of the right-of-way; and
    4. Include no more than one elevated display which raises the vehicle no more than three feet off the ground.
  2. Accessory uses and structures are set back a minimum distance of 50 feet from all rear and side yards of residentially zoned or used property and public rights-of-way.
  3. No inoperable vehicles or materials are stored on-site, unless within an enclosed building, or otherwise totally screened from view.
4. Other: N/A
Vehicle Wash.
1. District: C-1, I-1 and M-U
2. Location:
  1. C-1 and I-1: The use is not allowed on property that is located within 200 feet of any residential district or use, as measured along a straight line from the closest lot lines.
  2. M-U: As part of a planned development where the parcel proposed for development is located no less than 200 feet from any residential district or use.
3. Design: The use shall be enclosed on all sides by a Type A bufferyard.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.307 Agriculture Use Compatibility Standards

Generally. The standards of this Section apply to agriculture uses that are set out in Table 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.307, Agriculture Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Horse Riding Stables and Academies.
1. District: A-L, NC.1 and R-S
2. Location:
  1. A-L and NC.1:
    1. A minimum site area of 2.5 acres.
    2. The structure housing horses shall not be located closer than 600 feet from any lot line of a residential district.
    3. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
  2. R-S:
    1. A minimum site area of 2.5 acres.
    2. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
3. Design:
  1. The use shall be surrounded by a Type B bufferyard, except at points of ingress and egress.
  2. Stable buildings shall include a minimum of 800 square feet per horse for storage of bedding, feed, manure, and tack.
4. Other: Stables shall in all ways comply with City, state, and federal laws governing health and environment.
Nursery/Greenhouse, Wholesale.
1. District: A-L
2. Location:
  1. The facility shall take access from an arterial or collector street.
  2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.308 Industrial Use Compatibility Standards

Generally. The standards of this Section apply to industrial uses that are set out in Table 2.2.205, Agriculture, Industrial, Transportation, Utility, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.308, Industrial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

1.
Light Industry - Building, development, general contracting, special trade contractors.
1. a.
  District: C-2
  1. i.
    Location:
    a.
    Limited outside material storage or equipment of not more than 40% of the property
    b.
    Outdoor storage shall be screened from view with a 6 ft fence
  2. ii.
    Other:
    a.
    Storage yards shall only be used to store operable equipment and construction materials.
2.
Landfill.
1. a.
  District: I-2 and P-I
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is five acres.
  4. iv.
    The landfill shall be no less than two miles from any airport boundary, as set out in Section 2.1.302(E)(2).
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    The landfill does not modify the flow of major natural drainage ways within the City and its extraterritorial jurisdiction area.
4. d.
  Other:
  1. i.
    Complies with all City, state, and federal codes and statues.
  2. ii.
    No facility presents a hazard to surrounding residents or properties.
3.
Manufacturing and Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lots lines.
  2. ii.
    The site shall take access from an arterial or collector street.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    All activities will take place entirely within an enclosed building.
4. d.
  Other: All applicable state and federal laws apply.
4.
Oil / Gas Operations.
1. a.
  District: A-L, NC.1, I-1 and I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use (including drilling) shall be surrounded by a Type C bufferyard, which shall be sufficient to screen operations within 45 days of production.
4. d.
  Other: All applicable state and federal laws apply.
5.
Petroleum Refining and Fuel Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is three acres.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. d.
  Other: All applicable state and federal laws apply.
6.
Slaughterhouse.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The minimum area of the parcel proposed for development is five acres.
  2. ii.
    The keeping of animals shall be located no closer than 500 feet from any residential district or use or off-site property, measured along a straight line from the closest lot lines.
3. c.
  Design:
  1. i.
    All operations shall be conducted within an enclosed building, with the exception of keeping of animals.
  2. ii.
    The maximum number of animals to be kept at any one time shall be 25, with the exception of fowl.
  3. iii.
    Slaughter operations shall be conducted on no more than two days per week.
4. d.
  Other: N/A
7.
Storage, Flammable Materials or Substances.
1. a.
  District: I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use shall be surrounded by a Type C bufferyard.
4. d.
  Other: All applicable state and federal laws apply.
8.
Storage, Self.
1. a.
  District: I-1, I-2, and C-2
2. b.
  Location: I-1 and I-2
  1. i.
    The minimum size of a self-storage facility is one acre.
3. c.
  Design:
  1. i.
    I-1 and I-2
    a.
    No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district.
    b.
    All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet.
    c.
    Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed, unless not visible from any property line.
  2. ii.
    C-2
    a.
    All self-storage facilities shall be located inside of an existing structure, with all units only being accessible from the interior of the building.
    b.
    No storage units may be located north of I-70 or on properties within Vine St. frontage or that have direct access from Vine St.
4. d.
  Other:
  1. i.
    Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility.
  2. ii.
    All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
9.
Storage Yard.
1. a.
  District: I-1, I-2 and P-I
2. b.
  Location: N/A
3. c.
  Design: The storage yard shall be enclosed by a Type A bufferyard that includes a fence to provide security, provided, however, that the bufferyard requirements set out in Division 4.1.400, Bufferyards, may require a more restrictive bufferyard.
4. d.
  Other:
  1. i.
    Storage yards shall only be used to store operable equipment and construction materials.
  2. ii.
    Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
  3. iii.
    Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted.
10.
Vehicle Repairs and Service, Heavy.
1. a.
  District: I-2
2. b.
  Location: The use is separated from other uses, as measured in a straight line between the nearest property lines, as follows:
  1. i.
    Residential districts and uses: 500 feet, or separated by a Type C bufferyard.
  2. ii.
    Arterial streets and highways: 150 feet, or screened by another use that fronts the arterial street or highway, or separated with a Type B bufferyard.
3. c.
  Design:
  1. i.
    Outside storage of vehicles:
    a.
    Are not to be stored in parking spaces that are required by Section 5.2.102, Required Off-Street Parking and Loading Spaces.
    b.
    Are screened from view from abutting streets by the principal building and/or a minimum five foot tall masonry wall or fence.
  2. ii.
    Nor more than one bay door faces an arterial street or highway.
4. d.
  Other: N/A
11.
Warehousing and Distribution.
1. a.
  District: C-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: Loading bays shall be located behind the principal building unless it is demonstrated that:
  1. i.
    Front-facing bays would have less impact on the function of the surrounding land uses; and
  2. ii.
    The front property line is buffered with a Type A bufferyard.
4. d.
  Other: The use does not involve hazardous materials or wastes.
12.
Wholesale Services.
1. a.
  District: I-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: No outside storage may be visible from a required front yard when adjacent to a public street right-of-way.
4. d.
  Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.309 Transportation Use Compatibility Standards

Generally. The standards of this Section apply to transportation uses that are set out in Table 2.2.205, Agriculture, Industrial, Transportation, Utility, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.309, Transportation Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Airport.
1. District: A-L, NC.1 and P-I
2. Location:
  1. A-L and NC.1: N/A
  2. P-I: Only permitted in the location of the existing Hays Regional Airport and in adjacent areas into which the airport may expand.
3. Design:
  1. A-L and NC.1: Airports shall be designed according to all applicable standards set out by the FAA.
  2. P-I: N/A
4. Other:
  1. A-L and NC.1: Complies with all rules and regulations of the FAA.
  2. P-I: The airport shall comply with all rules and regulations of the FAA which are applicable to expansion or reconfiguration.
Helistop.
1. District: A-L, NC.1, C-2, I-1, I-2 and P-I
2. Location:
  1. In general, helistops that are located on platforms or buildings, but are closer than 48 feet to ground level shall be spaced:
    1. At least 500 feet (horizontal distance) from single-family detached and single-family attached residential uses and all types of public and private schools.
    2. At least 300 feet (horizontal distance) from multi-family uses.
  2. Helistops that are anticipated to conduct more than two flight operations per day shall add 100 feet to each of the spacing requirements set out in subsection 1.a., above.
3. Design:
  1. Helistops shall be designed according to the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2C, dated April 24, 2012, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration requirements. Compliance with these standards shall be demonstrated to the City.
  2. In general, helistops shall be set back 250 feet from lot lines. Setbacks shall be increased if necessary to accommodate all required safety zones on the parcel proposed for development.
4. Other:
  1. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
  2. In the interest of public safety, police stations, fire stations, hospitals, and trauma centers may be developed with an accessory helistop, subject to the design standards of this subsection (at left).
  3. Nothing in this subsection shall be construed to prohibit or limit the ability of an emergency services helicopter from landing or taking off as part of an emergency response or for special events normally associated with the use of helicopters.
Railroad Yard.
1. District: I-2
2. Location: A residential district or use shall not be located closer than 300 feet from a railroad yard.
3. Design: N/A
4. Other: It is an existing use before the effective date of this Code.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.310 Utility Use Compatibility Standards

Generally. The standards of this Section apply to utility uses that are set out in Table 2.2.205, Agriculture, Industrial, Transportation, Utility, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Standards. Set out in Table 2.2.310, Utility Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Power Generation, Small-scale (Renewable; Noncombustable).
1. District: R-S, R-G, R-M, M-U, C-1, C-2, I-1 and I-2
2. Location:
  1. R-S, R-G, R-M and M-U:
    1. Residential Developments.
      1. The use must be located in an area that is:
        10 acres or less in size (which may include up to 10 percent of the area of required open space);
        Owned by the property owners' association; and
      2. The system must be provided for the benefit of the property owners who are members of the association.
    2. Nonresidential and Mixed Uses. Rooftops, covered walkways, and covered parking spaces on parcels used for nonresidential purposes may be used for small scale power generation with solar arrays.
  2. C-1 and C-2: Small scale power generation using solar arrays is allowed in the C-1 and C-2 districts on rooftops, covered walkways, and covered parking spaces.
  3. I-1 and I-2: Small scale power generation using solar arrays is allowed in the I-1 and I-2 districts:
    1. On rooftops, covered walkways, and covered parking spaces; and
    2. On ground-mounts, provided that the facility is set back 100 feet from arterial rights-of-way or a Type B or higher (more opaque) bufferyard and / or buildings screens the facility from arterial rights-of-way (see Division 4.1.400, Bufferyards).
3. Design: N/A
4. Other: Small-scale power generation facilities may be grid-connected.
Power Generation, Utility-Scale.
1. District: I-2
2. Location: The use is allowed if the power is generated by solar arrays that are mounted on nonresidential rooftops and/or over parking spaces.
3. Design: N/A
4. Other: N/A
Public Utilities.
1. District: NC.1, NC.2, NC.3 and NC.4
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A
Substations.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, C-2, M-U and P-I
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.311 Communication Use Compatibility Standards

Generally. The standards of this Section apply to communication uses that are set out in Table 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, as a limited use (L) or exception (E), and are subject to the provisions set out in Section 2.2.301, Limited Uses and Exceptions, Generally.

Applicability. This section applies to broadcast systems, cellular, commercial mobile radio services, common carrier wireless access exchange services, enhanced specialized mobile radio, personal communication services paging, personal wireless services, public service and emergency systems, specialized mobile radio, tower builder, unlicensed wireless services, and wireless cable systems.

Exemptions. This Section does not apply to:

Amateur radio uses or private dispatch systems.
Antennae used by residential households solely for broadcast radio and television reception.
Satellite antennae used solely for residential or household purposes.
Television and AM / FM radio broadcast towers and associated facilities.
Facilities owned and operated by a federally-licensed amateur radio station operator.
Functionally equivalent services, as specified by Section 704 of the Telecommunications Act of 1996 (which prohibits unreasonable discrimination among functionally equivalent services).
Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, is exempt from permitting requirements.

Standards. Set out in Table 2.2.311, Communication Limited Use and Exception Standards, are the standards that apply to each use.

Use.

All Wireless Telecommunication Facility (WTF) Uses.
1. District: All districts, as set out below
2. Location: Facilities are permitted within the public right-of-way, subject to the execution of a lease agreement with the City (or other applicable jurisdiction) and is co-located on a traffic light pole, street light standard, or other vertical infrastructure is encouraged.
3. Design:
  1. Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area. This may be accomplished through the use of compatible architectural elements such as materials, color, texture, scale and character.
  2. All ground based equipment must be screened by a solid fence or screen wall six feet in height and surrounded by a Type B bufferyard around the perimeter of the lease area pursuant to Division 4.1.400, Bufferyards. This requirement shall be waived in areas where buildings or other structures provide the same or better screening effect.
  3. All ground based equipment shall meet the setbacks applicable to principal structures in the zoning district.
  4. Security lighting may be provided to the extent that it does not substantially affect abutting properties in an adverse manner. Artificial lighting mounted on freestanding facilities shall be limited to mandatory safety lighting required by federal aviation authorities or other authorities with jurisdiction over communication structures.
4. Other:
  1. All new wireless telecommunications facilities shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is more than 120 feet in height and for at least one additional user if the tower is more than 60 feet in height but less than 120 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection.
  2. The use of any portion of a wireless telecommunications facility for signs, with the exception of safety, identification, and notification information as may be required by the FCC or other governmental authority, is prohibited.
Radio and Television Studio.
1. District: C-2 and C-3
2. Location: N/A
3. Design: Radio and television studios shall not include transmission or receiving equipment that is:
  1. Ground-mounted.
  2. Tower-mounted.
  3. Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
4. Other: N/A
WTF, Attached.
1. District: All districts
2. Location: Attached communication facilities shall only be permitted on agricultural, nonresidential (e.g., commercial, industrial, institutional, etc.), multi-family, or publicly-owned buildings , or public utility structures.
3. Design:
  1. Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color and reasonably screens the facility from ground level view.
  2. Roof mounted facilities (the antenna, together with antenna support structures and screening) shall not project more than 10 feet higher than the roof line of a building and can exceed the maximum height limitations of the zoning district by the same.
  3. Façade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
4. Other: All applicable rules and regulations required by the FCC.
WTF, Freestanding Non-Stealth.
1. District: A-L, C-2, C-3, I-1, I-2 and P-I
2. Location:
  1. Tower setbacks:
    1. A distance equal to 110 percent of the height of the tower; or
    2. For towers with preformed collapse points, 110 percent of the height of the tallest section.
  2. Wireless telecommunication accessory structure setbacks shall be 15 feet from the property line.
  3. New towers are separated by a minimum distance of two miles measured in a straight line from base to base, irrespective to jurisdictional boundaries.
3. Design:
  1. An opaque fence not less than six feet in height and not more than 10 feet in height which encloses the base of all wireless telecommunications towers and related facilities.
  2. Wireless telecommunication facility maximum heights:
    1. A-L district: 200 feet.
    2. I-2 and P-I districts: 120 feet.
    3. C-2, C-3, and I-1 districts: 20 feet above the maximum building height permitted in the zoning district.
  3. Support facilities are equal to the maximum building height permitted in the zoning district.
  4. Vehicular access is provided.
  5. Towers shall be of an inconspicuous stealth design.
4. Other:
  1. New towers that exceed the maximum height of the zoning district require notification to the Federal Aviation Administration (FAA) due to the proximity of the Hays Regional Airport.
  2. All applicable rules and regulations required by the FCC.
WTF, Freestanding Stealth.
1. District: All districts
2. Location: Stealth freestanding communications facilities are permitted in all districts if it is demonstrated that the principal use of the property is a multi-family, public/institutional, or other nonresidential use.
3. Design:
  1. Stealth wireless telecommunications facilities must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
  2. The structure used to support the antennae must meet the requirements of the underlying zoning district, including, but not limited to, height, setback, and use.
  3. The structure used to support the stealth facility must be integrated as an architectural feature or designed to resemble an object or structure that does not have the appearance of a monopole or other telecommunications facility.
4. Other: All applicable rules and regulations required by the FCC.

Submittal Requirements. All of the following documentation shall be provided for all proposed wireless telecommunications facilities:

Site Plan. A site plan showing:
1. The location and legal description of the site;
2. On-site land uses and zoning;
3. Adjacent streets or roadways;
4. Parking and access;
5. Areas of vegetation and landscaping to be added;
6. Setbacks from property lines; and
7. The location of the facility, including all related improvements and equipment.
Vicinity Map. A vicinity map showing abutting properties, land uses, zoning and roadways within one mile of a proposed wireless telecommunication facility.
Elevation Drawings. Elevation drawings of the proposed facility showing all antennas, towers, tower heights, structures, existing buildings, walls and/or roofs on which antennas are mounted, equipment buildings/cabinets, fencing, screening, lighting and other improvements related to the facility showing specific materials, placement and colors.
Technical Report. A narrative report describing the facility and the technical, economic, and other reasons for its design and location, the need for the facility and its role in the network, and describing the capacity of the structure, including the number and type of antennas it can accommodate.
Coverage Map. A coverage map and a survey of existing towers including type and location and a statement to demonstrate the need for the new tower and supporting documentation as to why co-location is not possible on an existing tower in the area.
Co-Location Statement. A letter of intent to allow co-location on the antenna support structure.
Removal Statement. A letter of intent to remove the facility at the expense of the facility operator and/or property owner if it is abandoned.

Waiver of Co-Location Requirements. Upon request of the applicant, the development review body with jurisdiction may waive the requirement that new support structures accommodate the co-location of other service providers if co-location at the site is found to be non-essential to the public interest, that the construction of a shorter support structure with fewer antennae will promote community compatibility, or that co-location would cause interference with existing telecommunications facilities, as demonstrated by submitted technical evidence.

Time Limits. The development review body having jurisdiction shall act within a reasonable period of time to review and recommend requests to place, construct, or modify telecommunications facilities after an application is filed. Unless otherwise agreed between the City and the applicant or provided by state or federal law, reasonable review and action by the City shall take no more than:

90 days for wireless co-location applications, and
150 days for all other wireless siting applications (see City of Arlington v. FCC, 133 S. Ct. 1863).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Hays City Zoning Code

CHAPTER 2

Zoning Districts and Land Uses

Division 2.2.200 Permitted, Limited, Exception, and Prohibited Uses

(Ord. No. 4012, § 1, 7-14-2022)

Division 2.2.300 Compatibility Standards for Limited Uses and Exceptions

(Ord. No. 4012, § 1, 7-14-2022)

Sec. 2.1.101 Purpose

The purpose of Article 2.1, Zoning Districts, is to set out the zoning districts which create varying areas of character throughout the City and extraterritorial jurisdiction area.

Effective on: 8/31/2016

Sec. 2.1.102 Application

Effective on: 8/31/2016

Sec. 2.1.201 Zoning Districts Established

Generally. All land within the City and extraterritorial jurisdiction area are divided into the 12 zoning districts that are established by Table 2.1.201A, Zoning Districts Established.

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Neighborhood Conservation (NC) Subdistricts Established. The Neighborhood Conservation (NC) district is divided into five subdistricts that are established by Table 2.1.201B, Neighborhood Conservation (NC) Subdistricts Established. Any reference in this Code to the "NC district" also includes reference to the NC subdistrict.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Zoning of Annexed Land. The City may process an application for an initial City zoning designation, or may designate a newly annexed property's zoning district upon its own initiative, in conjunction with annexation proceedings and the procedures set out in Article 11.2, Permits and Procedures. Land that is not zoned otherwise by the City Commission during the annexation process is zoned A-L, Agriculture, upon annexation until affirmatively rezoned to another district. Simultaneous processing of the annexation and the zoning change is permitted.
Comprehensive Plan Consistency. The zoning districts and associated provisions are intended to implement the Comprehensive Plan, which may be amended from time to time. When a lot or parcel is zoned in a manner that is consistent with the Comprehensive Plan, then the City Commission may find that approvals granted pursuant to the standards of this Code are consistent with the intent of this adopted plan. Therefore, the City expresses its intent that this Code, or any amendment hereto, may not be challenged merely on the basis of an alleged nonconformity with the Comprehensive Plan or other planning policy.

Effective on: 8/31/2016

Sec. 2.1.202 Official Zoning Map

Force and Effect. The zoning map and all notations, references, and other information shown on it are a part of and have the same force as the text of this Code.

Effective Date. This Code may be adopted before the zoning map. In such case, this Code will not become effective until the zoning map is adopted.

Interpreting the Zoning Map. Where uncertainty exists with respect to the boundaries of the various zoning districts, as shown on the zoning map, the following apply:

The zoning district boundaries are the section lines or the centerlines of roads, streets or alleys, unless otherwise shown.
Where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines, and where the zoning districts designated on the zoning map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning district, unless the boundaries are otherwise indicated on the Zoning Map.
In cases where the Subsections E.1 and E.2, above, do not apply, the zoning district boundary line on the zoning map, shall be determined by the use of the scale appearing on the zoning map.

Effective on: 8/31/2016

Sec. 2.1.301 Intent and Purpose

Generally. The regulations set out in this Division are the regulations in the Airport Overlay (A-O) District.

Intent and Purpose.

The Airport Overlay District is designed to establish an airport zone surrounding Hays Regional Airport in Ellis County and to protect those using the airport from hazards that might be erected or constructed on surrounding properties, as well as protect the property owners surrounding the airport from the hazardous consequences of incompatible uses.
The Airport Overlay District establishes additional restrictions on uses of property that may be stricter than those of the underlying district. When this occurs, the more strict requirements apply.

Effective on: 8/31/2016

Sec. 2.1.302 Airport Hazard Zones

Map Notation. Airport hazard zones are shown on the City's Airport Zoning Maps which are hereby made a part of this Code.

Airport Hazard Zones. The airport hazard zones are hereby established and defined as follows:

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 16-34 at Hays Regional Airport).
Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual, and 10,000 feet for all others, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.

Overlapping Zones. An area located in more than one of the various airport hazard zones is considered to be only in the zone with the more restrictive height limitations.

Use Restrictions.

Interference. No use may be made of land or water within any zone in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Landfills. No sanitary landfill may be operated or maintained within two miles of any airport boundary in compliance with 49 U.S.C. §44718(d), as amended by Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century, Pub. L. No. 106-181 (April 5, 2000), no new Municipal Solid Waste Landfills (MSWLF) shall be established within six miles of the airport without appropriate state agency exemption.
Wildlife. Land use practices that attract or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife strikes, and are therefore considered incompatible with safe airport operations. Proposed land use practices that could potentially attract hazards shall be reviewed by the airport owners for compliance with FAA regulations.

Nonconforming Uses.

Regulations Not Retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this Code, or otherwise interfere with the continuation of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Code and is diligently pursued.
Marking and Lighting. Notwithstanding Subsection F.1., above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport owner to indicate the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner.

Site Plan. Site plan approval guidelines are subject to the requirements of Section 11.2.407, Site Plans.

Permits.

Future Permits.
1. Generally: Except as specifically provided in this Subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport hazard zone unless a permit therefore shall have been applied for and granted.
2. Application: Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to this Division. If the application meets all requirements to this Division, the permit shall be granted. Uses inconsistent with this Division will be subject to a variance as described in subsection #4 below.
3. Height: Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Division, except as set out in Section 2.1.303, Airport Height Limitations.
  1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limits prescribed for such zones.
  2. In areas lying within the limits of the approach zones but a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 200 feet height above the ground; except when such tree or structure would extend above the height limit prescribed for such approach zone.
  3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when such tree or structure, because of terrain, land contour, or topographical features, would extend above the height limit prescribed for such transitional zones.
Existing Uses.
1. Generally: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Code, as amended from time to time, or than it is when the application for a permit is made.
2. Application: Except as indicated, all applications for such a permit shall be granted.
Nonconforming Uses Abandoned or Destroyed. Whenever the airport owner determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Code.
Variances.
1. Generally: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with ~~the regulations of~~ this Division, may apply to the Board of Zoning Appeals for a variance.
2. Application: Each application for variance shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. No application for variance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance.
3. Granting a Variance: Variances shall be allowed where it is duly found that a literal application or enforcement of this Code will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Division. If the airport owner does not respond to the variance application within 30 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny the variance.
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Division and be reasonable in circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and approved by the City Commission, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.

Effective on: 8/31/2016

Sec. 2.1.303 Airport Height Limitations

Height Limitations. Applicable height limitations are hereby established for each of the zones in question as follows:

Utility Runway Visual Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Utility Runway Non-Precision Instrument Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
Transitional Zones. Slopes 20 feet outward for each one-foot upward beginning at the sides of, and at he same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 20 feet outward for each one-foot upward beginning as the sides of, and the same elevation as, the approach surface and extending to where they intersect the conical surface or horizontal surface.
Horizontal Zone. Established at 150 feet above the airport elevation.
Conical Zone. Slopes 20 feet outward for each one-foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation.
Excepted Height Limitations. Except in the approach zones, nothing in this Division shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height up to 50 feet above the surface of the land.

Effective on: 8/31/2016

Sec. 2.1.304 Enforcement

Generally. It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this Division.

Effective on: 8/31/2016

Sec. 2.1.401 Purpose and Application

Regulate the land use, location, and engineering of all development within the stream corridors to ensure consistency with the intent and objectives of accepted conservation and Best Management Practices (BMPs), prevent further degradation of water resources, and to work within the carrying capacity of existing natural resources;
Assist in the implementation of pertinent federal, state, and local laws concerning clean water, pollutant discharges, storm and surface water management, erosion and sediment control and flood control;
Improve surface and ground water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using scientifically-proven processes including:
1. Filtration;
2. Deposition;
3. Absorption;
4. Adsorption;
5. Plant uptake;
6. Denitrification; and by
  1. Improving infiltration;
  2. Encouraging sheet flow; and
  3. Stabilizing concentrated flows.
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, and other uses, in addition to supporting recreational uses and sustaining diverse populations of aquatic flora and fauna;
Preserve and protect areas that intercept storm and surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and reduce, to the maximum extent practicable, the effects of the entry of associated nutrients, sediment, organic matter, pesticides, or other pollutants into surface waters, as well as provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, and, where appropriate and feasible, provide opportunities for recreational activities;
Manage development within floodplains, on land adjacent to stream segments with greater than 15 percent slopes, and other environmentally sensitive areas to minimize hazards to life, property, and stream features;
Save short and long-term costs by minimizing the installation of costly infrastructure such as pipes;
Recognize that natural features contribute to the welfare and quality of life of Hays’ residents;
Provide natural, scenic, and recreation areas within and adjacent to stream corridors for the community's benefit;
Encourage the infiltration of rainfall to increase groundwater recharge and provide for a water supply more resilient to drought impacts; and
Create added value to lands adjacent to stream corridors.

Application.

This Division shall apply to all land or new development within the stream corridor, as defined by this Division and applied to designated stream segments identified on the most current map of the High Resolution National Hydrography Data Set adopted by the City of Hays. No development shall occur on a parcel of land that is within or partially within the defined stream corridor, except in accordance with this Division; provided, however, that this Division shall not apply to land or to development, which:
1. Is on land covered by an approved, unexpired preliminary plat or preliminary plan, where such approval was given prior to the effective date of this Division; or
2. If platting is not required prior to issuance of a building permit, is covered by a unexpired building permit issued prior to the effective date of this Division, in accordance with rules and regulations of the City of Hays governing building permits.
No development application shall be approved that proposes development on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this Division.

Effective on: 8/31/2016

Sec. 2.1.402 Stream Corridor Defined

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Guidelines. The general guidelines used to determine the width of each zone are as follows:
1. Inner Zone. The inner zone is defined as that area that is within 25' from the edge of the stream bank, measured horizontally from the edge of the stream bank.
2. Outer Zone. The outer zone is a variable width zone that is determined by subtracting 25 feet from the required minimum stream corridor width set out in Table 2.1.402, Minimum Stream Corridor Width, above, and measured horizontally from the outer boundary of the inner zone. The outer zone includes a distance that comprises all lands with slopes that are greater than 15 percent and include floodplains; provided that these features occur, in part, within the inner or outer zones.
Areas Subject to Flooding. In areas subject to flooding from Big Creek, Lincoln Draw/Montgomery Ditch, or Chetolah Creek, the buffer width need not coincide with the width of the floodplain. The minimum buffer width shall be no smaller than the width specified in Table 2.1.402, Minimum Stream Corridor Width, above.

Effective on: 8/31/2016

Sec. 2.1.403 Ponds

Effective on: 8/31/2016

Sec. 2.1.404 Prohibitions

Effective on: 8/31/2016

Sec. 2.1.405 Regulated Uses, Structures, and Activities

Uses and Activities Permitted in the Inner Zone.

Conservation uses, wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of parklands.
Unpaved recreational trails and greenways.
Education/scientific research.
Stream bank stabilization and other storm water Best Management Practices (BMPs).
Activities associated with the restoration and enhancement of stream corridors.
Excavation and fill required to plant any new trees or vegetation.
Installation of water and wastewater facilities, provided that, the owner of the facilities provides information to the Public Works Department that is sufficient to allow the Public Works Director to determine that the installation of the facilities in the outer zone is infeasible. Feasibility will be determined through consideration of factors, such as geology, topography, and the presence of unique habitat in the stream corridor. Water and wastewater facilities will be permitted to cross the inner zone and stream as necessary, provided that the number of crossings is minimized to the greatest extent possible.
Public infrastructure.

Uses and Activities Permitted in the Outer Zone.

All uses and activities permitted in the stream side zone.
Paved recreational trails.
Fences; provided however, that such fences must be constructed so as not to impede floodwaters.
Installation of utilities, including water and wastewater facilities.

Additional Uses and Activities Permitted in the Outer Zone, with Public Works Director Approval.

Passive uses, such as camps, campgrounds, picnic areas and golf courses.
Minor recreational structures and surfaces that are ancillary to passive recreational uses as set out in Subsection D.1, above; provided that the total impervious area created by such structure(s) in residential areas shall not exceed 200 square feet per single family residential lot. Examples of such permitted structures include, but are not limited to, decks, gazebos, picnic tables, playground equipment, and small concrete slabs built to accommodate such permitted structures.

Dredging;
Filling;
Excavation;
Draining; and
Clearing.

Effective on: 8/31/2016

Sec. 2.1.406 Activities Permitted in All Stream Corridor Zones

The following activities are allowed within all zones of the stream corridor:

Agricultural Activities. Existing and ongoing agricultural activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than five years or so long that modifications to the hydrological regime are necessary to resume agricultural activities, unless the idle land is registered in a federal or state soils conservation program.
Maintenance. Maintenance/repair of public right-of-way, streets, public structures.
Site Investigation. Site investigation work necessary for initial land use applications, such as surveys, soil logs and percolation tests, and special studies as required by this Division; provided, however, that the land must be restored to its pre-investigation condition.
Reconstruction. Reconstruction, remodeling or maintenance of existing structures, provided that the activity does not expand the existing use beyond the previously approved use so as to physically extend into or adversely affect the stream corridor.
Maintenance of Landscaping. Routine maintenance of existing landscaping within a lot's boundaries, including pruning, removal of diseased trees or other diseased vegetation, and replacement of individual plants when necessary to maintain a unified landscape theme.
Vegetation Control. Control of vegetation defined as state noxious weeds by K.S.A. 2-1314 et seq., by the recommended methods or alternative methods established by the State Board of Agriculture, Noxious Weed Division.
Emergency Actions. Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be taken at any time without advance notice to the Public Works Director; provided that, the notice, as required by this Division, shall be given at the earliest opportunity after the emergency action.

Effective on: 8/31/2016

Sec. 2.1.407 Enforcement

Effective on: 8/31/2016

Sec. 2.1.408 Abrogation and Greater Restrictions

Effective on: 8/31/2016

Sec. 2.2.101 Purpose

The purpose of this Article is to establish the permitted, limited, exception, and prohibited uses in each zoning district and the additional standards that apply to limited uses and exceptions.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.102 Application

Limited Uses. Limited uses are uses that have impacts that are different in kind or scale from permitted uses in the same district, which are mitigated by the specific standards contained in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions. Applications for approval of limited uses are decided by the Zoning Administrator, who applies these specific standards.
Exceptions. Exceptions have a higher potential for impact than limited and permitted uses, and may or may not be permitted on a particular parcel. Applications for approval of exceptions are decided by the Board of Zoning Appeals, which applies the standards in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, and Section 11.2.408, Exception Permits.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.201 Interpretation of Land Use Tables

Generally. This Section, including Figure 2.2.201, Illustrative Interpretation of Land Use Tables, sets out how the land use tables are interpreted.

Displayed in Section 2.2.202, Residential and Commercial Uses of the Home, through Section 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, are the tables that set out which uses are permitted, limited, exception, and prohibited in each zoning district.
The tables list uses in white and light brown rows (the name of the use is listed in the first column), sometimes organized by category (darker brown rows).
The second column, "Limited Use and Exception Standards," refers to the Section which provides the use-specific standards that apply to limited uses or exceptions for districts in which the use is limited or exception.
The remaining columns list the zoning districts by category.
In the table cells where rows and columns intersect, a letter or symbol indicates if the use is permitted, limited, exception, or prohibited in the district.

Figure 2.2.201

Illustrative Interpretation of Land Use Tables

Illustrative Land Use Table
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
A Group of Related Uses Follows
Example Use A	A cross reference will be shown in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.	--	--	--	--	--	L	E	E	E	--	--
Example Use B	There is no L or S in this row, therefore there is no cross-reference (e.g., N/A).	P	P	--	P	P	--	--	--	--	P	P
TABLE NOTES: This is where additional regulatory provisions, clarity, or interpretations may be found specific to a row, column, or cell. Table notes are enforceable by the Zoning Administrator.

Table Symbology. All the tables use the following symbols:
1. "P" means that the use is Permitted in the specified zoning district. The uses are approved by the Zoning Administrator, subject to the standards of this Code that apply to all permitted uses.
2. "L" means that the use is allowed as a Limited Use in the specified zoning district. Limited uses are approved by the Zoning Administrator, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
3. "E" means that the use is an Exception in the specified zoning district. Exceptions are approved by the Board of Zoning Appeals after a public hearing, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
4. "--" means that the use is Prohibited in the specified zoning district.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.202 Residential and Commercial Uses of the Home

Generally. This Section sets out the residential and commercial uses of the home and allowed neighborhood types allowed per each zoning district.

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Neighborhood Types. As set out in Table 2.2.202B, Residential Neighborhood Types, are the neighborhood residential types that are allowed in each zoning district.

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.203 Institutional, Recreational, and Amusement Uses

The institutional, recreation, and amusement uses allowed in each zoning district are set out in Table 2.2.203, Institutional, Recreation, and Amusement Uses.

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.204 Commercial Uses

The commercial uses allowed in each zoning district are set out in Table 2.2.204, Commercial Uses.

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.205 Agriculture, Industrial, Utility, Transportation, and Communication Uses

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 12/19/2023

Sec. 2.2.206 NC Uses by Subdistrict

Set out in Table 2.2.206, Allowed New Uses in NC Subdistricts, are the allowable uses for NC subdistricts for parcels proposed for development.

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.207 Prohibited Uses in All Districts

The following uses are prohibited in all districts, in the City's jurisdiction:

Disposal of radioactive wastes;
Animal feeding operations;
Vehicle wrecking and salvage yard; junk yard;
Animal breeding;
All uses that are prohibited by local ordinance, or require the use or sale of materials that are prohibited by local ordinance; and
All uses that are prohibited by state or federal law or require the use or sale of materials that are prohibited by state or federal law.

Effective on: 8/31/2016

Sec. 2.2.208 Unlisted or Functionally Similar Uses

Parking demand;
Average daily and peak hour trip generation (cars and trucks);
Impervious surface;
Regulated air or water emissions;
Noise;
Lighting;
Dust;
Odors;
Solid waste generation;
Potentially hazardous conditions, such as projectiles leaving the site;
Use and storage of hazardous materials;
Character of buildings and structures;
Nature and impacts of operation; and
Hours of operation.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

2.2.301 Limited Uses and Exceptions, Generally

Other Applicable Standards. The standards of this Division are applied in addition to the other applicable standards of this Code.

Procedures. For exceptions, the procedures set out in Section 11.2.408, Exception Permits, apply.

Use. The first column, Use, lists the use to which the standards specified in the same row apply.
District. The second column, District, lists the district in which the standards specified in the same row apply. This may mean that different standards apply to the use, depending upon the district in which it is located.
Location. The third column, Location, specifies where the use may be located (e.g., in the C-3 district, residential is only allowed above a nonresidential use), or certain minimum spacing (e.g., 600 feet between similar uses), etc.
Design. The fourth column, Design, specifies the design requirements that are specific to this use.
Other Standards. The fifth column, other, specifies additional standards that are specific to the use (e.g., operational limitations, licensing requirements, etc.).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.302 Residential Use Compatibility Standards

Standards. Set out in Table 2.2.302, Residential Limited Use and Exception Standards, are the standards that apply to each use.

Individual Uses.

Apartment.
1. District: C-3 and M-U
2. Location: N/A
3. Design: Apartments are allowed as follows:
  1. In the C-3 district, they are integrated into mixed use buildings.
  2. All units are accessed via interior hallways.
  3. The design of the apartment buildings shall be in conformance with all applicable provisions of Section 10.1.102, Multi-Family Design Standards. Not more than 40% of the main floor is to be permanent living space.
4. Other: N/A
Live-Work Units.
1. District: C-3
2. Location:
  1. C-3: N/A
  2. M-U: In mixed housing neighborhoods, live-work units shall be separated from single-family detached housing by a Type A bufferyard or public street
3. Design: C-3 and M-U
  1. Live-work units shall comply with the following:
    1. Live-work units shall be designed as single-family attached units in the form of a triplex or townhouse.
    2. Each unit must be designed with an external appearance as a residence rather than a commercial business.
    3. Required parking for the dwelling units shall be provided via an alley, parking structure, or parking court.
    4. Parking for patrons shall be accommodated on-street or in a parking structure.
    5. Signage shall be as follows:
      1. M-U District: A single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
      2. C-3 District: A single placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling, or a single projecting sign with a maximum of two square feet may be affixed to the street-facing facade of the dwelling.
    6. The area devoted to work does not exceed:
      1. M-U District: 25 percent of the total habitable area of the unit; or
      2. C-3 District: 40 percent of the total habitable area of the unit.
    7. The area devoted to work shall be located on the ground floor.
4. Other:
  1. C-3: N/A
  2. M-U: Employees are restricted to the residents of the dwelling.
Manufactured Home.
1. District: A-L, R-S, R-G and N-C
2. Location:
  1. A-L, R-S and R-G:
    1. Option 1: The manufactured home is located within a manufactured home park or subdivision, and meets the standards of Section 9.1.304, Manufactured Home Park or Subdivision, Section 10.1.103, Manufactured Home Unit Design Standards, and other applicable sections of this Code; or
    2. Option 2: The manufactured home is not located in a manufactured home park or subdivision but meets the standards of Section 10.1.103, Manufactured Home Unit Design Standards (including Subsection F., Architectural and Aesthetic Compatibility) and other applicable sections of this Code.
  2. N-C: The use existed on the effective date of this Code or a new manufactured home on a parcel proposed for development meets the provisions of Option 2, above.
3. Design: N/A
4. Other: N/A
Modular Home.
1. District: A-L, R-S and R-G
2. Location: N/A
3. Design: Each modular home shall be required to be placed on a permanent foundation and meet all other standards that apply to single-family detached or single-family attached housing (whichever may be applicable).
4. Other: Each modular home shall be required to provide a manufacturer certification at the time of permitting certifying that the dwelling unit has been constructed in accordance with the City's nationally recognized building code.
Single-Family Attached.
1. District: R-G, R-M, R-S and M-U
2. Location:
  1. R-G, R-M and R-S: They are not located closer than 150 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street.
  2. M-U: N/A
3. Design:
  1. R-G, R-M and R-S: Within the allowable neighborhood types, they are separated from single-family detached dwellings by a Type A bufferyard or a local street (see Division 4.1.400, Bufferyards.
  2. M-U:
    1. Duplexes, if provided, are limited to side-by-side duplexes, with orientation of the front door to the street.
    2. Triplexes, if provided, are limited to front door orientation to the front of the street.
4. Other:
  1. R-G, R-M and R-S: N/A
  2. M-U: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.
Single-Family Detached.
1. District: M-U
2. Location: The use existed on the effective date of this Code.
3. Design: N/A
4. Other: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.

Neighborhood Types.

Manufactured Home Park or Subdivision.
1. District: R-G
2. Location: N/A
3. Design: N/A
4. Other: See Section 9.1.304, Manufactured Home Park or Subdivision.
Recreational Vehicle (RV) Park.
1. District: A-L and I-1
2. Location: The recreational vehicle (RV) park is located no closer than 500 feet to any property zoned R-S, R-G, or NC, unless separated from such districts by a collector or arterial street, or a bufferyard as set out in Sec. 9.1.305, Recreational Vehicle (RV) Parks, Subsection D..
3. Design: N/A
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.303 Commercial Use of the Home Compatibility Standards

Standards. Set out in Table 2.2.303, Commercial Use of the Home Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Child-Care, Family Day Care Home.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against the street-facing facade of the dwelling.
  2. There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.
3. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Child-Care Facility, Group Day Care Home or Child-Care Facility, Youth Residential.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Location: Same provisions as for child-care, family day care home, above.
3. Design: Same provisions as for child-care, family day care home, above.
4. Other: Same provisions as for child-care, family day care home, above.
Home Occupations.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. No sign shall be permitted unless required by state statute, and if so required, shall not exceed two square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
  2. No alteration of the principal residential building shall be made which changes the character of such a building as a residence.
  3. No commodities shall be displayed or sold on the premises except that which is produced on the premises.
  4. No outdoor storage of materials or equipment used in the home occupation shall be permitted.
  5. No manufacturing or processing of any sort shall be done, and no stock-in-trade shall be displayed or sold on the premises.
3. Other:
  1. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
  2. No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.
  3. The following types of home occupations are permitted:
    1. Dressmakers, seamstresses, and tailors;
    2. Music teachers, provided that instruction shall be limited to five pupils at a time;
    3. Dance and drama instructors, provided that instruction shall not be limited to no more than 10 pupils at one point;
    4. Artists, sculptors, and authors or composers;
    5. Offices for architects, engineers, lawyers, realtors, insurance agents, brokers, and members of similar professions;
    6. Ministers, rabbis, and priests;
    7. Offices of salesmen, sales representatives, manufacturer's representatives, when no exchange of tangible goods is made on the premises;
    8. Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the home crafts listed in this Subsection when pursued as a hobby or a vocation;
    9. Day care centers or babysitters caring for less than five unrelated children.
  4. The following home occupations are prohibited:
    1. Funeral homes;
    2. Restaurants;
    3. Small grocery stores;
    4. Stables and animal breeding;
    5. Tourists or vacation rental homes;
    6. Renting of trailers or equipment;
    7. Animal boarding or veterinarian services, small animal and animal boarding or veterinarian services, large animal;
    8. Vehicle sales, rental, and service;
    9. Personal services;
    10. Services such as small appliances, radio, and television repair; and
    11. Photographic studios and laboratories.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.304 Institutional Use Compatibility Standards

Standards. Set out in Table 2.2.304, Institutional Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Assisted Living Facility.
1. District: R-S, R-G, R-M, C-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design:
  1. In the C-1 District, the building shall be an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character
  2. The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Cemetery or Mausoleum.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.4, C-1 and C-2
2. Location: A mausoleum use shall be separated from single-family detached dwelling units by a Type B bufferyard.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: Nothing in this Subsection shall be construed to make an existing cemetery a nonconforming use with respect to the requirements of this Code.
College/University/Vocational School.
1. District: C-3, I-1 and M-U
2. Location: A Type C bufferyard between the use and abutting residential uses/district will be planted, unless equivalent buffering is already provided.
3. Design: Circulation and parking plans are submitted to and approved by the City, which demonstrate:
  1. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use;
  2. On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and
  3. Parking will be accommodated on campus or in parking lots adjacent to or near the campus so as to preserve the traffic carrying capacity of local streets for the purpose of public safety.
4. Other: N/A
Funeral Home/Mortuary/Funeral Chapel/Crematory.
1. District: R-G, R-M, NC.2, NC.3, NC.4, C-1, C-2, I-1 and M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. In the R-G and R-M districts:
    1. There is no cremation on-site; and
    2. The use takes access from a collector or arterial street.
  2. In the NC.2, NC.4, C-2, I-1, and M-U districts:
    1. If cremation is performed, a supplemental filtration system is installed to reduce airborne mercury and particulate matter; and
    2. The use takes access from a collector or arterial street.
4. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
  2. Only a crematory is an exception in the NC.1, NC.2, and NC.4 Subdistricts.
  3. Funeral homes and mortuaries are an exception in the NC.3 and NC.4 Subdistricts.
Government and Public Institutions.
1. District: A-L, R-S,R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, I-1, I-2, M-U and NC
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. The facility shall be located on and have access to a collector or arterial street.
  2. When the site abuts a residential district or use, it shall be screened by a Type C bufferyard.
4. Other: N/A
Group Day Care Center.
1. Districts: R-G, R-M, NC.2, NC.3, NC.4, N-C, C-1, C-3 and M-U
2. Location: In the NC districts, the use existed as a group day care center on the effective date of this Code.
3. Design:
  1. The facility shall have at least one building entrance dedicated solely for its use.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Hospitals/Medical Office/ Clinic/Medical Lab.
1. Districts: M-U and P-I
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: N/A
4. Other: Hospitals that are operated by a governmental entity are allowed in the A-L, NC.1 and P-I districts.
Museum/ Non-Profit Institutions.
1. District: M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: N/A
Nursing / Convalescent Home.
1. District: R-M, C-1, I-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design: The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Place of Public Assembly.
1. District: R-S, R-G, R-M, N-C, C-3, C-1, I-1 and M-U
2. Location:
  1. R-S, R-G and R-M: N/A
  2. N-C: The use existed as a place of public assembly on the effective date of this Code.
  3. C-3: N/A
  4. C-1, I-1 and M-U: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. R-S, R-G and R-M:
    1. The use has a minimum site area that is three times the minimum lot size of the respective district.
    2. The parcel proposed for development is located along and arterial or collector street.
    3. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
  2. N-C: N/A
  3. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
4. Other:
  1. R-S, R-G and R-M: N/A
  2. N-C: The existing use may be expanded on-site or to abutting lots if:
    1. The expansion will allow the use to take access from an arterial or collector street;
    2. The owner of the property also owned the abutting lot onto which the expansion is proposed on the effective date of this Code.
    3. The expansion will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless an equivalent buffer is already provided (see Division 4.1.400, Bufferyards).
  3. C-3, C-1, I-1 and M-U: N/A
Schools, Public and Private.
1. District: C-1, I-1, M-U and C-3
2. Location:
  1. C-1, I-1 and M-U: In the C-1, I-1, and M-U districts, it shall be designed as part of an overall planned development.
  2. C-3: N/A
3. Design:
  1. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
    3. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use.
  2. C-3:
    1. Parking shall be:
      1. Be accommodated through on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly; and
      2. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.
    2. Other:
      1. The parcel proposed for development is located along and arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.305 Recreation and Amusement Use Compatibility Standards

Standards. Set out in Table 2.2.305, Recreation and Amusement Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Campground.
1. District: A-L, NC.1 and P-I
2. Location:
  1. The minimum area of the parcel proposed for development is two acres.
  2. Recreational vehicles shall be located no less than 20 feet from any public street, right-of-way, or property line.
  3. All campgrounds shall have access from an arterial or collector street.
3. Design:
  1. A solid fence or wall at least six feet in height when abutting residentially zoned property or use.
  2. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  3. Provide one service building.
    1. Cannot be located closer than 25 feet from any designated camping space.
    2. Shall not be located further than 600 feet from any camping space.
    3. Have one flush toilet, one lavatory, and one shower or bathtub per nine camping spaces.
  4. A maximum density of 20 camping spaces per gross area, and a minimum area of 1,250 square feet for each space.
  5. Campgrounds shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
  6. Each camping space shall be at least 25 feet in width and 50 feet in depth.
4. Other:
  1. Sales of recreational vehicles are not allowed.
  2. The maximum duration of a stay for any one camper cannot exceed a total of 15 days during any given month.
Commercial Amusement, Indoor.
1. District: C-1 and M-U
2. Location:
  1. Outdoor activity areas are separated from residential uses by a Type C bufferyard or public street right-of-way.
  2. The building is located no less than 100 feet from any residential use.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
  3. Lighting for outdoor activities is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  4. Primary access to the use is from a collector or arterial street.
4. Other: N/A
Commercial Amusement, Outdoor.
1. District: C-2 and M-U
2. Location: Commercial amusement, outdoor uses that include amusement rides, gasoline-powered go-cart tracks, gasoline-powered bumper boats, or are designed to accommodate more than 500 persons shall be spaced not less than 400 feet from residentially zoned or used property, measured along a straight line between the closest lot lines.
3. Design:
  1. The minimum area of the parcel proposed for development is one acre.
  2. The height to the tallest element on each amusement ride is limited to the maximum height for principal buildings in the underlying zone, except that taller amusement rides may be approved by the Planning Commission.
  3. Lighting must be designed to prevent off-site glare and sky glow and additional setbacks or minimum parcel area may be required for facilities with decorative lighting.
  4. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  5. Amphitheater stages and drive-in screens shall face away from the nearest residential uses.
  6. If the use is located within 400 feet, measured along a straight line between the closest lot lines, then the use shall not operate between 9:00 p.m. and 9:00 a.m., Sundays through Thursdays, and 11:00 p.m. and 9:00 a.m. on Fridays and Saturdays.
4. Other: N/A
Golf Course.
1. District: A-L, R-S, R-G, R-M and M-U
2. Location: As a part of a planned development in the A-L, R-S, R-G, R-M and M-U districts.
3. Design: N/A
4. Other: N/A
Recreation and Fitness, Indoor.
1. District: C-3, I-1 and M-U
2. Location: The use is separated from all residential uses by a Type B bufferyard or public streetright-of-way.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
4. Other: N/A
Recreation and Fitness, Outdoor.
1. District: A-L, R-S, R-G, R-M, C-1, I-1, M-U and P-I
2. Location: Public park areas designed and intended for active recreational use are separated from abutting residential districts and uses by a Type C bufferyard.
3. Design:
  1. Off-street parking complies with Section 5.2.102, Required Off-Street Parking and Loading Spaces.
  2. Access to service and parking areas for over 50 vehicles is from a collector or arterial street.
  3. All lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: After hours lighting is limited to that necessary only for security purposes.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.306 Commercial Use Compatibility Standards

Standards. Set out in Table 2.2.306, Commercial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Alcoholic Beverage Sales.
1. District: M-U
2. Location: As part of a planned development where the building is located no less than 200 feet from any residential use.
3. Design: N/A
4. Other: All applicable state laws apply.
Animal Boarding and Veterinarian Services, Large Animal.
1. District: I-1 and I-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. I-1:
    1. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
    2. There will be no outdoor livestock pens.
  2. I-2:
    1. Outdoor livestock pens:
      1. Will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals.
      2. Shall be set back at least 50 feet from all lot lines and are allowed only to the rear of the use, provided that the abutting property is zoned A-L or C-2.
4. Other: N/A
Animal Boarding and Veterinarian Services, Small Animal.
1. District: C-1, I-1, C-3, M-U and C-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. C-1, I-1, C-3 and M-U: The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
  2. C-2: Outdoor dog runs and animal exercise areas will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals(see Division 4.1.400, Bufferyards).
4. Other: No livestock or large animals will be boarded, treated, or kept on the premises.
Drinking Establishment.
1. District: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3: No entrance faces a residential district or use unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
  2. M-U: No entrance faces a residential district unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
3. Design:
  1. Uses with dancing or live entertainment restrict that the portion of the building used for dancing or entertainment such that no opening faces a residential district or use than stationary insulated glass windows, which shall be screened or draped in a manner to prevent direct light from shining onto such residential district or use.
  2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: All applicable state laws apply for the on-site consumption of alcohol.
Drive-In, Drive-Through Facility.
1. District: C-1, C-2, C-3, I-2 and P-I
2. Location:
  1. C-1, C-2, C-3 and I-2:
    1. Drive-in, drive-through facilities are permitted only as an accessory use to a principal use (e.g., restaurant or bank).
    2. The facility shall take access from an arterial or collector street.
  2. P-I: N/A
3. Design:
  1. The drive-in, drive-through facility shall not be located within the front yard.
  2. Ordering stations facing abutting residentially zoned or used property shall be buffered with a five to six foot high masonry wall and landscaping.
4. Other:
  1. C-1, C-2, C-3 and I-2: N/A
  2. P-I: Drive-in and drive-through uses are allowed to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, etc.)
Farmers' Market.
1. District: A-L, C-1, C-2, C-3, P-I and M-U
2. Location:
  1. A-L, C-1, C-2, C-3 and P-I: The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The site has been supplied with electrical power at secured, in-ground stations that may be accessed by temporary users.
  3. The use will be conducted so that is does not create parking or traffic congestion.
4. Other: N/A
Grocery Store.
1. Districts: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3:
    1. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    2. The facility shall take access from an arterial or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    3. The facility shall take access from an arterial or collector street.
3. Design:
  1. C-1 and C-3:
    1. Cannot be larger than 40,000 square feet.
    2. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    3. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    4. A truck routing plan shows that the ingress and egress to the site does not use a local street.
    5. No drive-in/drive-through facilities.
  2. M-U:
    1. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. Other: N/A
Heavy Retail.
1. District: C-2, M-U and I-1
2. Location: The facility shall take access from an arterial or collector street.
3. Design:
  1. C-2 and M-U: Outdoor display areas:
    1. Cannot be larger than 30 percent of the footprint of the principal building.
    2. Must be enclosed by a structure that screens the merchandise.
    3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
  2. I-1:
    1. The use involves the sale of a single category of merchandise and is characterized by one or more of the following:
      1. Outdoor displays that are larger in area than the footprint of the principal building;
      2. The sale of goods that are manufactured on-site.
    2. Permitted examples include:
      1. Permanent retail operations that are located outside of enclosed buildings;
      2. Lumber and other building materials; or
      3. Lawn, garden equipment, and related supplies stores.
    3. Prohibited examples include: warehouse clubs, super stores, and home centers.
4. Other: N/A
Hotel/Motel.
1. District: C-1, C-2, I-1, C-3 and M-U
2. Design:
  1. C-1, C-2 and I-1: All rooms are accessed via interior hallways.
  2. C-3 and M-U:
    1. The use can be integrated into mixed use buildings with rooms located above the ground floor.
    2. All rooms are accessed via interior hallways.
    3. Surface parking shall be located behind the building. A parking structure shall be located behind or underneath the building.
3. Other: N/A
Mixed Use.
1. District: C-2 and M-U
2. Location: As part of a planned development in the C-2 and M-U districts.
3. Design: N/A
4. Other: N/A
Nursery/Greenhouse, Retail.
1. District: A-L, I-1 and M-U
2. Location:
  1. A-L:
    1. The facility shall take access from an arterial or collector street.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
  2. I-1: N/A
  3. M-U: As part of a planned development in the M-U district.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. Bulk sales of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stored or sold on-site.
  4. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A
Office, General.
1. District: M-U
2. Location:
  1. As part of a planned development in the M-U district.
  2. The facility shall take access from an arterial or collector street.
3. Design: N/A
4. Other: N/A
Parking Lot/Parking Structure, Stand Alone.
1. District: C-1, C-2, C-3, M-U and P-I
2. Location: The location of ingress and egress minimizes traffic congestion and the effect of headlights on residential uses.
3. Design:
  1. Parking structures in the C-2, C-3, and M-U districts shall not exceed two levels above grade.
  2. Parking structures in the P-I district shall not exceed three levels above grade.
  3. Parking structures in the C-2, C-3, M-U- and P-I shall be buffered from adjacent streets, highways, and uses by a Type B bufferyard.
4. Other: N/A
Pawn Shop.
1. District: C-2
2. Location: The facility on the parcel proposed for development lot line shall not be closer than 200 feet from a residential zone or use.
3. Design: N/A
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Personal Services.
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Restaurant.
1. District: NC.3, M-U and P-I
2. Location:
  1. NC.3 and M-U:As part of a planned development in the NC.3 and M-U districts.
  2. P-I: N/A
3. Design:
  1. NC.3 and M-U: N/A
  2. P-I:
    1. Permitted as part of an accessory use to a principal use which serves employees and patrons.
    2. Does not have signage that is visible from a street that is collector or greater capacity.
    3. Has a floor area of less than 5,000 square feet.
4. Other: N/A
Retail Sales and Services.
1. District: NC.3 and M-U
2. Location: As part of a planned development in the NC.3 and M-U districts.
3. Design: N/A
4. Other: N/A
Showrooms: .
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Vehicle Gas or Fueling Station (including charging stations for electric vehicles).
1. District: NC.3, C-1 and M-U
2. Location: N/A
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The use is separated from all residential districts and uses by a Type B bufferyard.
  3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
  4. The use shall not be located within:
    1. The 100-year or 500-year floodplain.
    2. 200 feet of a wetland, waterbody (except detention or retention with treatment), or permitted potable water well.
4. Other: N/A
Vehicle Sales, Rental, and Service.
1. District: C-2 and I-1
2. Location: N/A
3. Design:
  1. All outdoor display areas for rental or sales of vehicles shall:
    1. Be located on an approved hard surface;
    2. Be located in areas that are outside of the minimum required parking spaces for the use;
    3. Be located outside of the right-of-way; and
    4. Include no more than one elevated display which raises the vehicle no more than three feet off the ground.
  2. Accessory uses and structures are set back a minimum distance of 50 feet from all rear and side yards of residentially zoned or used property and public rights-of-way.
  3. No inoperable vehicles or materials are stored on-site, unless within an enclosed building, or otherwise totally screened from view.
4. Other: N/A
Vehicle Wash.
1. District: C-1, I-1 and M-U
2. Location:
  1. C-1 and I-1: The use is not allowed on property that is located within 200 feet of any residential district or use, as measured along a straight line from the closest lot lines.
  2. M-U: As part of a planned development where the parcel proposed for development is located no less than 200 feet from any residential district or use.
3. Design: The use shall be enclosed on all sides by a Type A bufferyard.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.307 Agriculture Use Compatibility Standards

Standards. Set out in Table 2.2.307, Agriculture Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Horse Riding Stables and Academies.
1. District: A-L, NC.1 and R-S
2. Location:
  1. A-L and NC.1:
    1. A minimum site area of 2.5 acres.
    2. The structure housing horses shall not be located closer than 600 feet from any lot line of a residential district.
    3. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
  2. R-S:
    1. A minimum site area of 2.5 acres.
    2. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
3. Design:
  1. The use shall be surrounded by a Type B bufferyard, except at points of ingress and egress.
  2. Stable buildings shall include a minimum of 800 square feet per horse for storage of bedding, feed, manure, and tack.
4. Other: Stables shall in all ways comply with City, state, and federal laws governing health and environment.
Nursery/Greenhouse, Wholesale.
1. District: A-L
2. Location:
  1. The facility shall take access from an arterial or collector street.
  2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.308 Industrial Use Compatibility Standards

Standards. Set out in Table 2.2.308, Industrial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

1.
Light Industry - Building, development, general contracting, special trade contractors.
1. a.
  District: C-2
  1. i.
    Location:
    a.
    Limited outside material storage or equipment of not more than 40% of the property
    b.
    Outdoor storage shall be screened from view with a 6 ft fence
  2. ii.
    Other:
    a.
    Storage yards shall only be used to store operable equipment and construction materials.
2.
Landfill.
1. a.
  District: I-2 and P-I
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is five acres.
  4. iv.
    The landfill shall be no less than two miles from any airport boundary, as set out in Section 2.1.302(E)(2).
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    The landfill does not modify the flow of major natural drainage ways within the City and its extraterritorial jurisdiction area.
4. d.
  Other:
  1. i.
    Complies with all City, state, and federal codes and statues.
  2. ii.
    No facility presents a hazard to surrounding residents or properties.
3.
Manufacturing and Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lots lines.
  2. ii.
    The site shall take access from an arterial or collector street.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    All activities will take place entirely within an enclosed building.
4. d.
  Other: All applicable state and federal laws apply.
4.
Oil / Gas Operations.
1. a.
  District: A-L, NC.1, I-1 and I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use (including drilling) shall be surrounded by a Type C bufferyard, which shall be sufficient to screen operations within 45 days of production.
4. d.
  Other: All applicable state and federal laws apply.
5.
Petroleum Refining and Fuel Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is three acres.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. d.
  Other: All applicable state and federal laws apply.
6.
Slaughterhouse.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The minimum area of the parcel proposed for development is five acres.
  2. ii.
    The keeping of animals shall be located no closer than 500 feet from any residential district or use or off-site property, measured along a straight line from the closest lot lines.
3. c.
  Design:
  1. i.
    All operations shall be conducted within an enclosed building, with the exception of keeping of animals.
  2. ii.
    The maximum number of animals to be kept at any one time shall be 25, with the exception of fowl.
  3. iii.
    Slaughter operations shall be conducted on no more than two days per week.
4. d.
  Other: N/A
7.
Storage, Flammable Materials or Substances.
1. a.
  District: I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use shall be surrounded by a Type C bufferyard.
4. d.
  Other: All applicable state and federal laws apply.
8.
Storage, Self.
1. a.
  District: I-1, I-2, and C-2
2. b.
  Location: I-1 and I-2
  1. i.
    The minimum size of a self-storage facility is one acre.
3. c.
  Design:
  1. i.
    I-1 and I-2
    a.
    No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district.
    b.
    All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet.
    c.
    Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed, unless not visible from any property line.
  2. ii.
    C-2
    a.
    All self-storage facilities shall be located inside of an existing structure, with all units only being accessible from the interior of the building.
    b.
    No storage units may be located north of I-70 or on properties within Vine St. frontage or that have direct access from Vine St.
4. d.
  Other:
  1. i.
    Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility.
  2. ii.
    All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
9.
Storage Yard.
1. a.
  District: I-1, I-2 and P-I
2. b.
  Location: N/A
3. c.
  Design: The storage yard shall be enclosed by a Type A bufferyard that includes a fence to provide security, provided, however, that the bufferyard requirements set out in Division 4.1.400, Bufferyards, may require a more restrictive bufferyard.
4. d.
  Other:
  1. i.
    Storage yards shall only be used to store operable equipment and construction materials.
  2. ii.
    Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
  3. iii.
    Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted.
10.
Vehicle Repairs and Service, Heavy.
1. a.
  District: I-2
2. b.
  Location: The use is separated from other uses, as measured in a straight line between the nearest property lines, as follows:
  1. i.
    Residential districts and uses: 500 feet, or separated by a Type C bufferyard.
  2. ii.
    Arterial streets and highways: 150 feet, or screened by another use that fronts the arterial street or highway, or separated with a Type B bufferyard.
3. c.
  Design:
  1. i.
    Outside storage of vehicles:
    a.
    Are not to be stored in parking spaces that are required by Section 5.2.102, Required Off-Street Parking and Loading Spaces.
    b.
    Are screened from view from abutting streets by the principal building and/or a minimum five foot tall masonry wall or fence.
  2. ii.
    Nor more than one bay door faces an arterial street or highway.
4. d.
  Other: N/A
11.
Warehousing and Distribution.
1. a.
  District: C-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: Loading bays shall be located behind the principal building unless it is demonstrated that:
  1. i.
    Front-facing bays would have less impact on the function of the surrounding land uses; and
  2. ii.
    The front property line is buffered with a Type A bufferyard.
4. d.
  Other: The use does not involve hazardous materials or wastes.
12.
Wholesale Services.
1. a.
  District: I-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: No outside storage may be visible from a required front yard when adjacent to a public street right-of-way.
4. d.
  Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.309 Transportation Use Compatibility Standards

Standards. Set out in Table 2.2.309, Transportation Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Airport.
1. District: A-L, NC.1 and P-I
2. Location:
  1. A-L and NC.1: N/A
  2. P-I: Only permitted in the location of the existing Hays Regional Airport and in adjacent areas into which the airport may expand.
3. Design:
  1. A-L and NC.1: Airports shall be designed according to all applicable standards set out by the FAA.
  2. P-I: N/A
4. Other:
  1. A-L and NC.1: Complies with all rules and regulations of the FAA.
  2. P-I: The airport shall comply with all rules and regulations of the FAA which are applicable to expansion or reconfiguration.
Helistop.
1. District: A-L, NC.1, C-2, I-1, I-2 and P-I
2. Location:
  1. In general, helistops that are located on platforms or buildings, but are closer than 48 feet to ground level shall be spaced:
    1. At least 500 feet (horizontal distance) from single-family detached and single-family attached residential uses and all types of public and private schools.
    2. At least 300 feet (horizontal distance) from multi-family uses.
  2. Helistops that are anticipated to conduct more than two flight operations per day shall add 100 feet to each of the spacing requirements set out in subsection 1.a., above.
3. Design:
  1. Helistops shall be designed according to the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2C, dated April 24, 2012, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration requirements. Compliance with these standards shall be demonstrated to the City.
  2. In general, helistops shall be set back 250 feet from lot lines. Setbacks shall be increased if necessary to accommodate all required safety zones on the parcel proposed for development.
4. Other:
  1. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
  2. In the interest of public safety, police stations, fire stations, hospitals, and trauma centers may be developed with an accessory helistop, subject to the design standards of this subsection (at left).
  3. Nothing in this subsection shall be construed to prohibit or limit the ability of an emergency services helicopter from landing or taking off as part of an emergency response or for special events normally associated with the use of helicopters.
Railroad Yard.
1. District: I-2
2. Location: A residential district or use shall not be located closer than 300 feet from a railroad yard.
3. Design: N/A
4. Other: It is an existing use before the effective date of this Code.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.310 Utility Use Compatibility Standards

Standards. Set out in Table 2.2.310, Utility Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Power Generation, Small-scale (Renewable; Noncombustable).
1. District: R-S, R-G, R-M, M-U, C-1, C-2, I-1 and I-2
2. Location:
  1. R-S, R-G, R-M and M-U:
    1. Residential Developments.
      1. The use must be located in an area that is:
        10 acres or less in size (which may include up to 10 percent of the area of required open space);
        Owned by the property owners' association; and
      2. The system must be provided for the benefit of the property owners who are members of the association.
    2. Nonresidential and Mixed Uses. Rooftops, covered walkways, and covered parking spaces on parcels used for nonresidential purposes may be used for small scale power generation with solar arrays.
  2. C-1 and C-2: Small scale power generation using solar arrays is allowed in the C-1 and C-2 districts on rooftops, covered walkways, and covered parking spaces.
  3. I-1 and I-2: Small scale power generation using solar arrays is allowed in the I-1 and I-2 districts:
    1. On rooftops, covered walkways, and covered parking spaces; and
    2. On ground-mounts, provided that the facility is set back 100 feet from arterial rights-of-way or a Type B or higher (more opaque) bufferyard and / or buildings screens the facility from arterial rights-of-way (see Division 4.1.400, Bufferyards).
3. Design: N/A
4. Other: Small-scale power generation facilities may be grid-connected.
Power Generation, Utility-Scale.
1. District: I-2
2. Location: The use is allowed if the power is generated by solar arrays that are mounted on nonresidential rooftops and/or over parking spaces.
3. Design: N/A
4. Other: N/A
Public Utilities.
1. District: NC.1, NC.2, NC.3 and NC.4
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A
Substations.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, C-2, M-U and P-I
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.311 Communication Use Compatibility Standards

Exemptions. This Section does not apply to:

Amateur radio uses or private dispatch systems.
Antennae used by residential households solely for broadcast radio and television reception.
Satellite antennae used solely for residential or household purposes.
Television and AM / FM radio broadcast towers and associated facilities.
Facilities owned and operated by a federally-licensed amateur radio station operator.
Functionally equivalent services, as specified by Section 704 of the Telecommunications Act of 1996 (which prohibits unreasonable discrimination among functionally equivalent services).
Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, is exempt from permitting requirements.

Standards. Set out in Table 2.2.311, Communication Limited Use and Exception Standards, are the standards that apply to each use.

Use.

All Wireless Telecommunication Facility (WTF) Uses.
1. District: All districts, as set out below
2. Location: Facilities are permitted within the public right-of-way, subject to the execution of a lease agreement with the City (or other applicable jurisdiction) and is co-located on a traffic light pole, street light standard, or other vertical infrastructure is encouraged.
3. Design:
  1. Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area. This may be accomplished through the use of compatible architectural elements such as materials, color, texture, scale and character.
  2. All ground based equipment must be screened by a solid fence or screen wall six feet in height and surrounded by a Type B bufferyard around the perimeter of the lease area pursuant to Division 4.1.400, Bufferyards. This requirement shall be waived in areas where buildings or other structures provide the same or better screening effect.
  3. All ground based equipment shall meet the setbacks applicable to principal structures in the zoning district.
  4. Security lighting may be provided to the extent that it does not substantially affect abutting properties in an adverse manner. Artificial lighting mounted on freestanding facilities shall be limited to mandatory safety lighting required by federal aviation authorities or other authorities with jurisdiction over communication structures.
4. Other:
  1. All new wireless telecommunications facilities shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is more than 120 feet in height and for at least one additional user if the tower is more than 60 feet in height but less than 120 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection.
  2. The use of any portion of a wireless telecommunications facility for signs, with the exception of safety, identification, and notification information as may be required by the FCC or other governmental authority, is prohibited.
Radio and Television Studio.
1. District: C-2 and C-3
2. Location: N/A
3. Design: Radio and television studios shall not include transmission or receiving equipment that is:
  1. Ground-mounted.
  2. Tower-mounted.
  3. Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
4. Other: N/A
WTF, Attached.
1. District: All districts
2. Location: Attached communication facilities shall only be permitted on agricultural, nonresidential (e.g., commercial, industrial, institutional, etc.), multi-family, or publicly-owned buildings , or public utility structures.
3. Design:
  1. Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color and reasonably screens the facility from ground level view.
  2. Roof mounted facilities (the antenna, together with antenna support structures and screening) shall not project more than 10 feet higher than the roof line of a building and can exceed the maximum height limitations of the zoning district by the same.
  3. Façade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
4. Other: All applicable rules and regulations required by the FCC.
WTF, Freestanding Non-Stealth.
1. District: A-L, C-2, C-3, I-1, I-2 and P-I
2. Location:
  1. Tower setbacks:
    1. A distance equal to 110 percent of the height of the tower; or
    2. For towers with preformed collapse points, 110 percent of the height of the tallest section.
  2. Wireless telecommunication accessory structure setbacks shall be 15 feet from the property line.
  3. New towers are separated by a minimum distance of two miles measured in a straight line from base to base, irrespective to jurisdictional boundaries.
3. Design:
  1. An opaque fence not less than six feet in height and not more than 10 feet in height which encloses the base of all wireless telecommunications towers and related facilities.
  2. Wireless telecommunication facility maximum heights:
    1. A-L district: 200 feet.
    2. I-2 and P-I districts: 120 feet.
    3. C-2, C-3, and I-1 districts: 20 feet above the maximum building height permitted in the zoning district.
  3. Support facilities are equal to the maximum building height permitted in the zoning district.
  4. Vehicular access is provided.
  5. Towers shall be of an inconspicuous stealth design.
4. Other:
  1. New towers that exceed the maximum height of the zoning district require notification to the Federal Aviation Administration (FAA) due to the proximity of the Hays Regional Airport.
  2. All applicable rules and regulations required by the FCC.
WTF, Freestanding Stealth.
1. District: All districts
2. Location: Stealth freestanding communications facilities are permitted in all districts if it is demonstrated that the principal use of the property is a multi-family, public/institutional, or other nonresidential use.
3. Design:
  1. Stealth wireless telecommunications facilities must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
  2. The structure used to support the antennae must meet the requirements of the underlying zoning district, including, but not limited to, height, setback, and use.
  3. The structure used to support the stealth facility must be integrated as an architectural feature or designed to resemble an object or structure that does not have the appearance of a monopole or other telecommunications facility.
4. Other: All applicable rules and regulations required by the FCC.

Submittal Requirements. All of the following documentation shall be provided for all proposed wireless telecommunications facilities:

Site Plan. A site plan showing:
1. The location and legal description of the site;
2. On-site land uses and zoning;
3. Adjacent streets or roadways;
4. Parking and access;
5. Areas of vegetation and landscaping to be added;
6. Setbacks from property lines; and
7. The location of the facility, including all related improvements and equipment.
Vicinity Map. A vicinity map showing abutting properties, land uses, zoning and roadways within one mile of a proposed wireless telecommunication facility.
Elevation Drawings. Elevation drawings of the proposed facility showing all antennas, towers, tower heights, structures, existing buildings, walls and/or roofs on which antennas are mounted, equipment buildings/cabinets, fencing, screening, lighting and other improvements related to the facility showing specific materials, placement and colors.
Technical Report. A narrative report describing the facility and the technical, economic, and other reasons for its design and location, the need for the facility and its role in the network, and describing the capacity of the structure, including the number and type of antennas it can accommodate.
Coverage Map. A coverage map and a survey of existing towers including type and location and a statement to demonstrate the need for the new tower and supporting documentation as to why co-location is not possible on an existing tower in the area.
Co-Location Statement. A letter of intent to allow co-location on the antenna support structure.
Removal Statement. A letter of intent to remove the facility at the expense of the facility operator and/or property owner if it is abandoned.

90 days for wireless co-location applications, and
150 days for all other wireless siting applications (see City of Arlington v. FCC, 133 S. Ct. 1863).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Hays City Zoning Code

CHAPTER 2

Zoning Districts and Land Uses

Division 2.2.200 Permitted, Limited, Exception, and Prohibited Uses

(Ord. No. 4012, § 1, 7-14-2022)

Division 2.2.300 Compatibility Standards for Limited Uses and Exceptions

(Ord. No. 4012, § 1, 7-14-2022)

Sec. 2.1.101 Purpose

The purpose of Article 2.1, Zoning Districts, is to set out the zoning districts which create varying areas of character throughout the City and extraterritorial jurisdiction area.

Effective on: 8/31/2016

Sec. 2.1.102 Application

Effective on: 8/31/2016

Sec. 2.1.201 Zoning Districts Established

Generally. All land within the City and extraterritorial jurisdiction area are divided into the 12 zoning districts that are established by Table 2.1.201A, Zoning Districts Established.

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Table 2.1.201A Zoning Districts Established
District Name	Symbol	District Purpose	District Character	Relationship to Future Land Use Plan
Agriculture
Agriculture District	A-L	The purpose of the agriculture district is to provide for new and existing agricultural uses and agricultural support uses. In general, these areas are intended to allow for agricultural development on the fringes of the City, or in the area where an urban level of services (including both public water and sewer) are not yet available and will not be for the foreseeable future.	Rural / Natural	AP, UR, and undesignated areas within the extraterritorial jurisdiction area
Established Neighborhoods
Neighborhood Conservation District	NC	The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 2.1.201B, below, for more specificity.	Varies based on existing conditions, but generally Auto-Urban	LDR, MDR, HDR, MH for established neighborhoods in need of conservation
New Residential
Residential Suburban District	R-S	The purpose of the suburban residential district is to provide for the development of residential neighborhoods with suburban character. These areas are required to utilize an urban level of services and are generally comprised of lower density single-family detached residential uses.	Suburban	LDR, UR
Residential General District	R-G	The purpose of the general residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of low- to medium-density residential uses, including single-family detached uses or planned development single-family attached uses.	Auto-Urban	LDR, MDR, and UR
Residential Multi-Family District	R-M	The purpose of the multi-family residential district is to provide for the development of residential neighborhoods with auto-urban character. These areas are required to utilize an urban level of services and are generally comprised of higher density residential uses such as apartments.	Auto-Urban	HDR and UR
Nonresidential
Neighborhood Shopping District	C-1	The purpose of the neighborhood shopping district is to provide for the development of neighborhood convenience uses with suburban character, where the building and site design standards ensure appropriately scaled commercial uses that are compatible and cohesive with abutting and adjacent residential uses. These areas are required to utilize an urban level of services.	Suburban	COM and UR
Commercial General District	C-2	The purpose of the general commercial district is to provide for development of general retail and service uses with auto-urban character. These areas are required to utilize an urban level of services.	Auto-Urban	COM
Central Business District	C-3	The purpose of the central business district is to provide for commercial and mixed use development within the City's central business district, e.g., "Downtown." Development within the central business district is urban in character (e.g., buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures), and is required to utilize an urban level of services.	Urban	D
Light Industrial District	I-1	The purpose of the light industrial district is to provide for the development of heavy commercial, office, and/or light industrial uses with auto-urban character. These uses are generally comprised of enhanced site and building standards (e.g., operations are conducted indoors with limited on-site storage or truck traffic, it does not generate noticeable external effects or nuisances, etc.) to create a higher quality industrial parks or employment centers. These areas are required to utilize an urban level of services.	Auto-Urban	BP and CI
Heavy Industrial District	I-2	The purpose of the general industrial district is to provide for the development of a range of industrial enterprises with auto-urban character. These uses may include such things as manufacturing, fabrication, and/or warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts. As such, these uses are generally well buffered against abutting uses. These areas are required to utilize an urban level of services.	Auto-Urban	IND
Other
Mixed Use District	M-U	The purpose of the mixed use district is to provide for the development of higher density residential housing horizontally or vertically mixed with commercial or other nonresidential uses (e.g., public or institutional uses). The mixed use district anticipates an urban form of development where large expanses of parking should not be visible from the street. In addition, these areas should be buffered from, yet may be connected to, abutting residential and other uses. These areas are required to utilize an urban level of services and are intended to be designed and developed in a manner that is pedestrian-friendly.	Urban	MU-C and other mixed use activity centers
Public and Institutional District	P-I	The purpose of the public and institutional district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards.	Varies	CIV, PK/GW

Neighborhood Conservation (NC) Subdistricts Established. The Neighborhood Conservation (NC) district is divided into five subdistricts that are established by Table 2.1.201B, Neighborhood Conservation (NC) Subdistricts Established. Any reference in this Code to the "NC district" also includes reference to the NC subdistrict.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Table 2.1.201B Neighborhood Conservation (NC) Subdistricts Established
Subdistrict Name	General Characteristics	Purpose
Neighborhood Conservation Subdistricts
NC.1	The NC.1 subdistrict consists of single-family detached houses on agricultural and suburban lands using the A-L and R-S zoning districts that pre-dated the effective date of this Code.	The primary purpose of the neighborhood conservation subdistricts is to preserve the existing character of the established neighborhoods that were developed under regulations that pre-dated the effective date of this Code, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development.
NC.2	The NC.2 subdistrict consists single-family detached houses and manufactured homes located outside a manufactured home park using the R-1, R-2, and M-S zoning districts that pre-dated the effective date of this Code.
NC.3	The NC.3 subdistrict consists of single-family detached homes and single-family attached homes (e.g., duplexes and triplexes) on lots that were developed using the R-3, R-3A, and R-3N zoning districts that pre-dated the effective date of this Code.
NC.4	The NC.4 subdistrict primarily consists of single-family detached homes, single-family attached homes (e.g., duplexes and triplexes) , and multi-family (e.g., apartments) using the R-4 zoning district that pre-dated the effective date of this Code.
NC.5	The NC.5 subdistrict primarily consists of manufactured housing that was developed using the M-P district or manufactured home park provisions that pre-dated the effective date of this Code.

Zoning of Annexed Land. The City may process an application for an initial City zoning designation, or may designate a newly annexed property's zoning district upon its own initiative, in conjunction with annexation proceedings and the procedures set out in Article 11.2, Permits and Procedures. Land that is not zoned otherwise by the City Commission during the annexation process is zoned A-L, Agriculture, upon annexation until affirmatively rezoned to another district. Simultaneous processing of the annexation and the zoning change is permitted.
Comprehensive Plan Consistency. The zoning districts and associated provisions are intended to implement the Comprehensive Plan, which may be amended from time to time. When a lot or parcel is zoned in a manner that is consistent with the Comprehensive Plan, then the City Commission may find that approvals granted pursuant to the standards of this Code are consistent with the intent of this adopted plan. Therefore, the City expresses its intent that this Code, or any amendment hereto, may not be challenged merely on the basis of an alleged nonconformity with the Comprehensive Plan or other planning policy.

Effective on: 8/31/2016

Sec. 2.1.202 Official Zoning Map

Force and Effect. The zoning map and all notations, references, and other information shown on it are a part of and have the same force as the text of this Code.

Effective Date. This Code may be adopted before the zoning map. In such case, this Code will not become effective until the zoning map is adopted.

Interpreting the Zoning Map. Where uncertainty exists with respect to the boundaries of the various zoning districts, as shown on the zoning map, the following apply:

The zoning district boundaries are the section lines or the centerlines of roads, streets or alleys, unless otherwise shown.
Where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines, and where the zoning districts designated on the zoning map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning district, unless the boundaries are otherwise indicated on the Zoning Map.
In cases where the Subsections E.1 and E.2, above, do not apply, the zoning district boundary line on the zoning map, shall be determined by the use of the scale appearing on the zoning map.

Effective on: 8/31/2016

Sec. 2.1.301 Intent and Purpose

Generally. The regulations set out in this Division are the regulations in the Airport Overlay (A-O) District.

Intent and Purpose.

The Airport Overlay District is designed to establish an airport zone surrounding Hays Regional Airport in Ellis County and to protect those using the airport from hazards that might be erected or constructed on surrounding properties, as well as protect the property owners surrounding the airport from the hazardous consequences of incompatible uses.
The Airport Overlay District establishes additional restrictions on uses of property that may be stricter than those of the underlying district. When this occurs, the more strict requirements apply.

Effective on: 8/31/2016

Sec. 2.1.302 Airport Hazard Zones

Map Notation. Airport hazard zones are shown on the City's Airport Zoning Maps which are hereby made a part of this Code.

Airport Hazard Zones. The airport hazard zones are hereby established and defined as follows:

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 4-22 at Hays Regional Airport).
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway (this zone applies to Runway 16-34 at Hays Regional Airport).
Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual, and 10,000 feet for all others, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.

Overlapping Zones. An area located in more than one of the various airport hazard zones is considered to be only in the zone with the more restrictive height limitations.

Use Restrictions.

Interference. No use may be made of land or water within any zone in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Landfills. No sanitary landfill may be operated or maintained within two miles of any airport boundary in compliance with 49 U.S.C. §44718(d), as amended by Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century, Pub. L. No. 106-181 (April 5, 2000), no new Municipal Solid Waste Landfills (MSWLF) shall be established within six miles of the airport without appropriate state agency exemption.
Wildlife. Land use practices that attract or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife strikes, and are therefore considered incompatible with safe airport operations. Proposed land use practices that could potentially attract hazards shall be reviewed by the airport owners for compliance with FAA regulations.

Nonconforming Uses.

Regulations Not Retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this Code, or otherwise interfere with the continuation of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Code and is diligently pursued.
Marking and Lighting. Notwithstanding Subsection F.1., above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport owner to indicate the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner.

Site Plan. Site plan approval guidelines are subject to the requirements of Section 11.2.407, Site Plans.

Permits.

Future Permits.
1. Generally: Except as specifically provided in this Subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport hazard zone unless a permit therefore shall have been applied for and granted.
2. Application: Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to this Division. If the application meets all requirements to this Division, the permit shall be granted. Uses inconsistent with this Division will be subject to a variance as described in subsection #4 below.
3. Height: Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Division, except as set out in Section 2.1.303, Airport Height Limitations.
  1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limits prescribed for such zones.
  2. In areas lying within the limits of the approach zones but a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 200 feet height above the ground; except when such tree or structure would extend above the height limit prescribed for such approach zone.
  3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground; except when such tree or structure, because of terrain, land contour, or topographical features, would extend above the height limit prescribed for such transitional zones.
Existing Uses.
1. Generally: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Code, as amended from time to time, or than it is when the application for a permit is made.
2. Application: Except as indicated, all applications for such a permit shall be granted.
Nonconforming Uses Abandoned or Destroyed. Whenever the airport owner determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Code.
Variances.
1. Generally: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with ~~the regulations of~~ this Division, may apply to the Board of Zoning Appeals for a variance.
2. Application: Each application for variance shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. No application for variance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance.
3. Granting a Variance: Variances shall be allowed where it is duly found that a literal application or enforcement of this Code will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Division. If the airport owner does not respond to the variance application within 30 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny the variance.
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Division and be reasonable in circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and approved by the City Commission, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.

Effective on: 8/31/2016

Sec. 2.1.303 Airport Height Limitations

Height Limitations. Applicable height limitations are hereby established for each of the zones in question as follows:

Utility Runway Visual Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Utility Runway Non-Precision Instrument Approach Zone. Slopes 20 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
Runway Larger than Utility with a Visibility Minimum Greater than Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward for each one-foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
Transitional Zones. Slopes 20 feet outward for each one-foot upward beginning at the sides of, and at he same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 20 feet outward for each one-foot upward beginning as the sides of, and the same elevation as, the approach surface and extending to where they intersect the conical surface or horizontal surface.
Horizontal Zone. Established at 150 feet above the airport elevation.
Conical Zone. Slopes 20 feet outward for each one-foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation.
Excepted Height Limitations. Except in the approach zones, nothing in this Division shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height up to 50 feet above the surface of the land.

Effective on: 8/31/2016

Sec. 2.1.304 Enforcement

Generally. It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this Division.

Effective on: 8/31/2016

Sec. 2.1.401 Purpose and Application

Regulate the land use, location, and engineering of all development within the stream corridors to ensure consistency with the intent and objectives of accepted conservation and Best Management Practices (BMPs), prevent further degradation of water resources, and to work within the carrying capacity of existing natural resources;
Assist in the implementation of pertinent federal, state, and local laws concerning clean water, pollutant discharges, storm and surface water management, erosion and sediment control and flood control;
Improve surface and ground water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using scientifically-proven processes including:
1. Filtration;
2. Deposition;
3. Absorption;
4. Adsorption;
5. Plant uptake;
6. Denitrification; and by
  1. Improving infiltration;
  2. Encouraging sheet flow; and
  3. Stabilizing concentrated flows.
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, and other uses, in addition to supporting recreational uses and sustaining diverse populations of aquatic flora and fauna;
Preserve and protect areas that intercept storm and surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and reduce, to the maximum extent practicable, the effects of the entry of associated nutrients, sediment, organic matter, pesticides, or other pollutants into surface waters, as well as provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, and, where appropriate and feasible, provide opportunities for recreational activities;
Manage development within floodplains, on land adjacent to stream segments with greater than 15 percent slopes, and other environmentally sensitive areas to minimize hazards to life, property, and stream features;
Save short and long-term costs by minimizing the installation of costly infrastructure such as pipes;
Recognize that natural features contribute to the welfare and quality of life of Hays’ residents;
Provide natural, scenic, and recreation areas within and adjacent to stream corridors for the community's benefit;
Encourage the infiltration of rainfall to increase groundwater recharge and provide for a water supply more resilient to drought impacts; and
Create added value to lands adjacent to stream corridors.

Application.

This Division shall apply to all land or new development within the stream corridor, as defined by this Division and applied to designated stream segments identified on the most current map of the High Resolution National Hydrography Data Set adopted by the City of Hays. No development shall occur on a parcel of land that is within or partially within the defined stream corridor, except in accordance with this Division; provided, however, that this Division shall not apply to land or to development, which:
1. Is on land covered by an approved, unexpired preliminary plat or preliminary plan, where such approval was given prior to the effective date of this Division; or
2. If platting is not required prior to issuance of a building permit, is covered by a unexpired building permit issued prior to the effective date of this Division, in accordance with rules and regulations of the City of Hays governing building permits.
No development application shall be approved that proposes development on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this Division.

Effective on: 8/31/2016

Sec. 2.1.402 Stream Corridor Defined

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Table 2.1.402 Minimum Stream Corridor Width
Drainage Area	Minimum Buffer Width from Edge of Stream Bank Outwards, Measured Separately in Each Direction
Less than 20 acres	40 feet
20 to 160 acres	60 feet
161 to 5,000 acres	100 feet
Greater than 5,000 acres	120 feet

Guidelines. The general guidelines used to determine the width of each zone are as follows:
1. Inner Zone. The inner zone is defined as that area that is within 25' from the edge of the stream bank, measured horizontally from the edge of the stream bank.
2. Outer Zone. The outer zone is a variable width zone that is determined by subtracting 25 feet from the required minimum stream corridor width set out in Table 2.1.402, Minimum Stream Corridor Width, above, and measured horizontally from the outer boundary of the inner zone. The outer zone includes a distance that comprises all lands with slopes that are greater than 15 percent and include floodplains; provided that these features occur, in part, within the inner or outer zones.
Areas Subject to Flooding. In areas subject to flooding from Big Creek, Lincoln Draw/Montgomery Ditch, or Chetolah Creek, the buffer width need not coincide with the width of the floodplain. The minimum buffer width shall be no smaller than the width specified in Table 2.1.402, Minimum Stream Corridor Width, above.

Effective on: 8/31/2016

Sec. 2.1.403 Ponds

Effective on: 8/31/2016

Sec. 2.1.404 Prohibitions

Effective on: 8/31/2016

Sec. 2.1.405 Regulated Uses, Structures, and Activities

Uses and Activities Permitted in the Inner Zone.

Conservation uses, wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of parklands.
Unpaved recreational trails and greenways.
Education/scientific research.
Stream bank stabilization and other storm water Best Management Practices (BMPs).
Activities associated with the restoration and enhancement of stream corridors.
Excavation and fill required to plant any new trees or vegetation.
Installation of water and wastewater facilities, provided that, the owner of the facilities provides information to the Public Works Department that is sufficient to allow the Public Works Director to determine that the installation of the facilities in the outer zone is infeasible. Feasibility will be determined through consideration of factors, such as geology, topography, and the presence of unique habitat in the stream corridor. Water and wastewater facilities will be permitted to cross the inner zone and stream as necessary, provided that the number of crossings is minimized to the greatest extent possible.
Public infrastructure.

Uses and Activities Permitted in the Outer Zone.

All uses and activities permitted in the stream side zone.
Paved recreational trails.
Fences; provided however, that such fences must be constructed so as not to impede floodwaters.
Installation of utilities, including water and wastewater facilities.

Additional Uses and Activities Permitted in the Outer Zone, with Public Works Director Approval.

Passive uses, such as camps, campgrounds, picnic areas and golf courses.
Minor recreational structures and surfaces that are ancillary to passive recreational uses as set out in Subsection D.1, above; provided that the total impervious area created by such structure(s) in residential areas shall not exceed 200 square feet per single family residential lot. Examples of such permitted structures include, but are not limited to, decks, gazebos, picnic tables, playground equipment, and small concrete slabs built to accommodate such permitted structures.

Dredging;
Filling;
Excavation;
Draining; and
Clearing.

Effective on: 8/31/2016

Sec. 2.1.406 Activities Permitted in All Stream Corridor Zones

The following activities are allowed within all zones of the stream corridor:

Agricultural Activities. Existing and ongoing agricultural activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than five years or so long that modifications to the hydrological regime are necessary to resume agricultural activities, unless the idle land is registered in a federal or state soils conservation program.
Maintenance. Maintenance/repair of public right-of-way, streets, public structures.
Site Investigation. Site investigation work necessary for initial land use applications, such as surveys, soil logs and percolation tests, and special studies as required by this Division; provided, however, that the land must be restored to its pre-investigation condition.
Reconstruction. Reconstruction, remodeling or maintenance of existing structures, provided that the activity does not expand the existing use beyond the previously approved use so as to physically extend into or adversely affect the stream corridor.
Maintenance of Landscaping. Routine maintenance of existing landscaping within a lot's boundaries, including pruning, removal of diseased trees or other diseased vegetation, and replacement of individual plants when necessary to maintain a unified landscape theme.
Vegetation Control. Control of vegetation defined as state noxious weeds by K.S.A. 2-1314 et seq., by the recommended methods or alternative methods established by the State Board of Agriculture, Noxious Weed Division.
Emergency Actions. Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be taken at any time without advance notice to the Public Works Director; provided that, the notice, as required by this Division, shall be given at the earliest opportunity after the emergency action.

Effective on: 8/31/2016

Sec. 2.1.407 Enforcement

Effective on: 8/31/2016

Sec. 2.1.408 Abrogation and Greater Restrictions

Effective on: 8/31/2016

Sec. 2.2.101 Purpose

The purpose of this Article is to establish the permitted, limited, exception, and prohibited uses in each zoning district and the additional standards that apply to limited uses and exceptions.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.102 Application

Limited Uses. Limited uses are uses that have impacts that are different in kind or scale from permitted uses in the same district, which are mitigated by the specific standards contained in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions. Applications for approval of limited uses are decided by the Zoning Administrator, who applies these specific standards.
Exceptions. Exceptions have a higher potential for impact than limited and permitted uses, and may or may not be permitted on a particular parcel. Applications for approval of exceptions are decided by the Board of Zoning Appeals, which applies the standards in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, and Section 11.2.408, Exception Permits.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.201 Interpretation of Land Use Tables

Generally. This Section, including Figure 2.2.201, Illustrative Interpretation of Land Use Tables, sets out how the land use tables are interpreted.

Displayed in Section 2.2.202, Residential and Commercial Uses of the Home, through Section 2.2.205, Agriculture, Industrial, Utility, Transportation, and Communication Uses, are the tables that set out which uses are permitted, limited, exception, and prohibited in each zoning district.
The tables list uses in white and light brown rows (the name of the use is listed in the first column), sometimes organized by category (darker brown rows).
The second column, "Limited Use and Exception Standards," refers to the Section which provides the use-specific standards that apply to limited uses or exceptions for districts in which the use is limited or exception.
The remaining columns list the zoning districts by category.
In the table cells where rows and columns intersect, a letter or symbol indicates if the use is permitted, limited, exception, or prohibited in the district.

Figure 2.2.201

Illustrative Interpretation of Land Use Tables

Illustrative Land Use Table
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
A Group of Related Uses Follows
Example Use A	A cross reference will be shown in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.	--	--	--	--	--	L	E	E	E	--	--
Example Use B	There is no L or S in this row, therefore there is no cross-reference (e.g., N/A).	P	P	--	P	P	--	--	--	--	P	P
TABLE NOTES: This is where additional regulatory provisions, clarity, or interpretations may be found specific to a row, column, or cell. Table notes are enforceable by the Zoning Administrator.

Table Symbology. All the tables use the following symbols:
1. "P" means that the use is Permitted in the specified zoning district. The uses are approved by the Zoning Administrator, subject to the standards of this Code that apply to all permitted uses.
2. "L" means that the use is allowed as a Limited Use in the specified zoning district. Limited uses are approved by the Zoning Administrator, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
3. "E" means that the use is an Exception in the specified zoning district. Exceptions are approved by the Board of Zoning Appeals after a public hearing, subject to:
  1. The standards for permitted uses that are set out in this Code; and
  2. The applicable use-specific standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
4. "--" means that the use is Prohibited in the specified zoning district.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.202 Residential and Commercial Uses of the Home

Generally. This Section sets out the residential and commercial uses of the home and allowed neighborhood types allowed per each zoning district.

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Table 2.2.202A Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable. See Table 3.1.201, Residential Development Standards.
Residential Uses
Single-Family Detached
- Single-Family Detached	Sec. 2.2.302	P¹	P	P	P	--	--	--	--	--	L	--
- Manufactured Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
- Modular Home	Sec. 2.2.302	L	L	L	--	--	--	--	--	--	--	--
Single-Family Attached
- Duplex	Sec. 2.2.302	--	L	L	L	--	--	--	--	--	L	--
- Triplex	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Townhouse	Sec. 2.2.302	--	--	L	L	--	--	--	--	--	L	--
- Live-Work Unit	Sec. 2.2.302	--	--	--	--	--	--	L	--	--	L	--
Multi-Family
- Apartment	Sec. 2.2.302	--	--	L	P	--	--	L	--	--	L	--
- Mixed Use Lofts	N/A	--	--	--	--	--	--	P	--	--	--	--
Commercial Use of the Home
Child-Care Facility, Family Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Group Day Care Home	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Child-Care Facility, Youth Residential	Sec. 2.2.303	L	L	L	L	--	--	L	--	--	L	--
Home Occupations	Sec. 2.2.303	P	L	L	L	--	--	L	--	--	L	--

Neighborhood Types. As set out in Table 2.2.202B, Residential Neighborhood Types, are the neighborhood residential types that are allowed in each zoning district.

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

Table 2.2.202B Residential Neighborhood Types
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable.
Residential Neighborhood Types
Standard Residential Neighborhood	N/A	--	P	P	P	--	--	--	--	--	--	--
Planned Development	Sec. 2.2.302	--	P	P	--	--	--	--	--	--		--
Mixed Use	Sec. 2.2.302	--	--	--	--	--	--	P	--	--	P	--
Manufactured Home Park or Subdivision	Sec. 2.2.302	--	--	E	--	--	--	--	--	--	--	--
Recreational Vehicle (RV) Park	Sec. 2.2.302	L	--	--	--	--	--	--	E	--	--	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.203 Institutional, Recreational, and Amusement Uses

The institutional, recreation, and amusement uses allowed in each zoning district are set out in Table 2.2.203, Institutional, Recreation, and Amusement Uses.

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

Table 2.2.203 Institutional, Recreation, and Amusement Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Institutional Uses
Assisted Living Facility	Sec. 2.2.304	--	L	L	L	L	P	--	L	--	P	--
Cemetery or Mausoleum	Sec. 2.2.304	E	E	E	E	L	L	--	--	--	--	L
College/University/Vocational School	Sec. 2.2.304	--	--	--	--	--	P	E	L	--	L	P
Funeral Home/Mortuary/Funeral Chapel/Crematory	Sec. 2.2.304	--	--	E	E	L	L	--	L	--	L	--
Government and Public Institutions	Sec. 2.2.304	E	E	E	E	L	P	P	L	L	L	P
Group Day Care Center	Sec. 2.2.304	--	--	P	P	L	P	P	--	--	L	--
Hospitals	Sec. 2.2.304	--	--	--	--	--	P	--	P	--	L	L
Library	Sec. 2.2.304	--	L	L	L	P	P	P	P	--	L	P
Medical Office/Clinic/Medical Lab	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Museum	Sec. 2.2.304	--	--	--	--	L	P	P	P	--	L	--
Non-Profit Institutions	Sec. 2.2.304	--	--	--	--	P	P	P	P	--	L	--
Nursing or Convalescent Home	Sec. 2.2.304	--	--	--	L	L	P	--	L	--	L	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	Sec. 2.2.304	--	L	L	L	L	P	P	L	--	L	P
Schools, Private	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Schools, Public	Sec. 2.2.304	--	P	P	P	L	P	L	L	--	L	P
Recreation and Amusement Uses
Campground	Sec. 2.2.305	E	--	--	--	--	--	--	--	--	--	E
Commercial Amusement, Indoor	Sec. 2.2.305	--	--	--	--	L	P	P	--	--	L	--
Commercial Amusement, Outdoor	Sec. 2.2.305	--	--	--	--	--	E	--	--	--	L	--
Golf Course	Sec. 2.2.305	L	L	L	L	--	--	--	--	--	L	--
Recreation and Fitness, Indoor	Sec. 2.2.305	--	--	--	--	--	P	L	L	--	L	--
Recreation and Fitness, Outdoor	Sec. 2.2.305	L	L	L	L	L	P	L	--	--	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.204 Commercial Uses

The commercial uses allowed in each zoning district are set out in Table 2.2.204, Commercial Uses.

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

Table 2.2.204 Commercial Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
TABLE NOTES: N/A - Not Applicable
Commercial Uses
Alcoholic Beverage Sales	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	E	--
Animal Grooming Facilities	N/A	--	--	--	--	--	P	P	--	--	P	--
Animal Boarding or Veterinarian Services, Large Animal	Sec. 2.2.306	--	--	--	--	--	--	--	L	L	--	--
Animal Boarding or Veterinarian Services, Small Animal	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Drinking Establishment	Sec. 2.2.306	--	--	--	--	E	P	L	--	--	E	--
Drive-In/Drive-Through Facility	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	L
Farmers' Market	Sec. 2.2.306	L	--	--	--	L	L	L	--	--	L	L
Grocery Store	Sec. 2.2.306	--	--	--	--	L	P	L	--	--	L	--
Heavy Retail	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	L	--
Hotel/Motel	Sec. 2.2.306	--	--	--	--	L	L	L	L	--	L	--
Mixed Use	Sec. 2.2.306	--	--	--	--	--	L	P	--	--	L	--
Nursery/Greenhouse, Retail	Sec. 2.2.306	E	--	--	--	--	P	--	P	E	L	--
Office, General	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	P
Parking Lot, Stand Alone	Sec. 2.2.306	--	--	--	--	--	E	E	--	--	--	--
Parking Structure, Stand Alone	Sec. 2.2.306	--	--	--	--	--	L	E	--	--	E	L
Pawn Shop	Sec. 2.2.306	--	--	--	--	--	E	--	--	--	--	--
Personal Services	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	--
Restaurant	Sec. 2.2.306	--	--	--	--	P	P	P	--	--	L	L
Retail Sales and Services	Sec. 2.2.306	--	--	--	--	P	P	P	P	--	L	--
Showrooms	Sec. 2.2.306	--	--	--	--	--	P	--	P	--	L	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	--	--	L	P	--	P	P	L	--
Vehicle Sales, Rental, and Service	Sec. 2.2.306	--	--	--	--	--	L	--	L	--	--	--
Vehicle Wash	Sec. 2.2.306	--	--	--	--	L	P	--	L	--	L	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.205 Agriculture, Industrial, Utility, Transportation, and Communication Uses

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

Table 2.2.205 Agriculture, Industrial, Transportation, Utility, and Communication Uses
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Land Use	Limited Use and Exception Standards	Zoning Districts
		Agriculture	Residential			Nonresidential
		A-L	R-S	R-G	R-M	C-1	C-2	C-3	I-1	I-2	M-U	P-I
ABLE NOTES: N/A - Not Applicable ¹ When associated with a college/university/vocational school.
Agricultural Uses
Agriculture, General	N/A	P	--	--	--	--	--	--	--	--	--	--
Farming Equipment Sales and Service	N/A	--	--	--	--	--	--	--	P	--	--	--
Farm Stand	N/A	P	--	--	--	--	--	--	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	E	--	--	--	--	--	--	--	--	--
Nursery / Greenhouse, Wholesale	N/A	E	--	--	--	--	P	--	P	P	--	--
Industrial
Commercial Retail, Heavy (building supply)	N/A	--	--	--	--	--	--	--	P	P	--	--
Heavy Truck or Recreational Vehicle Sales, Service, and Repair	N/A	--	--	--	--	--	P	--	P	P	--	--
Landfill	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	E
Light Industry	2.2.308	--	--	--	--	--	L	--	P	--	--	--
Manufacturing and Fabrication	N/A	--	--	--	--	--	--	--	P	P	--	--
Manufacturing and Storage (bulk oil, gas, and explosives)	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Oil / Gas Operations (exploration and extraction)	Sec. 2.2.308	E	--	--	--	--	--	--	E	E	--	--
Petroleum Refining and Fuel Storage	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Recycling Collection Facility	N/A	--	--	--	--	--	--	--	P	P	--	P
Researching and Testing Laboratories	N/A	--	--	--	--	--	--	--	P	P	--	--
Slaughterhouse	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Flammable Materials or Substances	Sec. 2.2.308	--	--	--	--	--	--	--	--	E	--	--
Storage, Self	Sec. 2.2.308	--	--	--	--	--	L	--	L	L	--	--
Storage Yard	N/A	--	--	--	--	--	--	--	L	L	--	L
Vehicle Repairs and Service, Heavy	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Warehousing and Distribution	Sec. 2.2.308	--	--	--	--	--	E	--	P	P	--	--
Wholesale Services	Sec. 2.2.308	--	--	--	--	--	--	--	P	E	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--	--	--	--	--	--	E
Helistop	Sec. 2.2.309	E	--	--	--	--	E	--	E	E	--	E
Railroad Yard	Sec. 2.2.309	--	--	--	--	--	--	--	--	E	--	--
Transportation Stop (bus and taxi )	N/A	P	P	P	P	P	P	P	P	P	P	P
Transportation Terminal (rail and truck)	N/A	--	--	--	--	--	--	--	P	P	--	--
Utility Uses
Power Generation, Small-scale (Renewable; Noncombustable)	Sec. 2.2.310	P	L	L	L	L	L	--	L	L	L	P
Power Generation, Utility-scale	Sec. 2.2.310	--	--	--	--	--	--	--	--	E	--	--
Public Utilities	N/A	P	P	P	P	P	P	P	P	P	P	P
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	E	E	--	P	P	E	E
Wireless Telecommunication Facility (WTF)/Communication Uses
Radio and Television Studio	Sec. 2.2.311	--	--	--	--	--	L¹	L¹	--	--	--	--
WTF, Attached	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L
WTF, Freestanding Non-Stealth	Sec. 2.2.311	E	--	--	--	--	E	E	E	E	--	L
WTF, Freestanding Stealth	Sec. 2.2.311	L	L	L	L	L	L	L	L	L	L	L

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 12/19/2023

Sec. 2.2.206 NC Uses by Subdistrict

Set out in Table 2.2.206, Allowed New Uses in NC Subdistricts, are the allowable uses for NC subdistricts for parcels proposed for development.

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

Table 2.2.206 Allowed New Uses in NC Subdistricts
P = Permitted Use; L = Limited Use; E = Exception; -- = Prohibited Use
Permitted Uses	Limited Use and Exception Standards	NC Subdistricts
Permitted Uses	Limited Use and Exception Standards	NC.1	NC.2	NC.3	NC.4	NC.5
TABLE NOTES: N/A - Not Applicable ¹ See Table 3.1.201, Residential Development Standards. ² Manufactured homes within a manufactured home park. ³ Permitted use in the extraterritorial jurisdiction area.
Agriculture Uses
Agriculture, General	N/A	P	--	--	--	--
Animal Feeding Operations (including open feedlots)	N/A	--	--	--	--	--
Farm Stand	N/A	P	--	--	--	--
Horse Riding Stables and Academies (including private)	Sec. 2.2.307	E	--	--	--	--
Nursery/Greenhouse, Wholesale	N/A	P	--	--	--	--
Residential Uses
Single-Family Detached	N/A	P¹	P	P	P	--
Single-Family Attached (duplex)	N/A	--	--	P	P	--
Manufactured Home	N/A	--	--	--	--	P²
Multi-Family (apartments)	N/A	--	--	--	P	--
Commercial Uses of the Home
Child-Care Facility, Group Day Care Home	N/A	P	P	P	P	P
Child-Care Facility, Youth Residential	N/A	P	P	P	P	P
Home Occupations	N/A	P	P	P	P	P
Institutional Uses
Cemetery or Mausoleum	Sec. 2.2.304	E	--	--	E	--
College/University/Vocational School	N/A	--	--	--	--	--
Crematory	Sec. 2.2.304	--	--	--	E	--
Funeral Home/Mortuary	Sec. 2.2.304	--	--	E	E	--
Group Day Care Center	Sec. 2.2.304	--	P	P	P	P
Government and Public Institution	Sec. 2.2.304	E	E	E	E	--
Hospital	Sec. 2.2.304	--	--	--	--	--
Nursing / Convalescent Home	Sec. 2.2.304	--	--	--	P	--
Place of Public Assembly (event facilities; meeting halls; private clubs; lodges; places of worship)	N/A	--	L	L	L	L
School, Private	N/A	--	P	P	P	P
School, Public	N/A	--	P	P	P	P
Recreational and Amusement Uses
Campgrounds	Sec. 2.2.305	E	--	--	--	--
Golf Course	N/A	P	P	P	P	--
Recreation / Personal Fitness, Indoor	N/A	--	--	P	P	--
Recreation / Personal Fitness, Outdoor	N/A	P	P	P	P	--
Commercial Uses
Restaurant	Sec. 2.2.306	--	--	E	--	--
Retail Sales and Services	Sec. 2.2.306	--	--	E	--	--
Vehicle Gas and Fueling Station	Sec. 2.2.306	--	--	E	--	--
Industrial Uses
Landfill	Sec. 2.2.308	--	--	--	--	--
Oil/Gas Operations (exploration and extraction)	Sec. 2.2.308	E³	--	--	--	--
Storage Yard	Sec. 2.2.308	--	--	--	--	--
Vehicle Wrecking and Salvage Yard; Junkyard	Sec. 2.2.308	--	--	--	--	--
Transportation Uses
Airport	Sec. 2.2.309	E	--	--	--	--
Helistop	Sec. 2.2.309	E	--	--	--	--
Utility Uses
Public Utilities	Sec. 2.2.310	E	E	E	E	--
Substations (electrical and telephone)	Sec. 2.2.310	E	E	E	E	--

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.207 Prohibited Uses in All Districts

The following uses are prohibited in all districts, in the City's jurisdiction:

Disposal of radioactive wastes;
Animal feeding operations;
Vehicle wrecking and salvage yard; junk yard;
Animal breeding;
All uses that are prohibited by local ordinance, or require the use or sale of materials that are prohibited by local ordinance; and
All uses that are prohibited by state or federal law or require the use or sale of materials that are prohibited by state or federal law.

Effective on: 8/31/2016

Sec. 2.2.208 Unlisted or Functionally Similar Uses

Parking demand;
Average daily and peak hour trip generation (cars and trucks);
Impervious surface;
Regulated air or water emissions;
Noise;
Lighting;
Dust;
Odors;
Solid waste generation;
Potentially hazardous conditions, such as projectiles leaving the site;
Use and storage of hazardous materials;
Character of buildings and structures;
Nature and impacts of operation; and
Hours of operation.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

2.2.301 Limited Uses and Exceptions, Generally

Other Applicable Standards. The standards of this Division are applied in addition to the other applicable standards of this Code.

Procedures. For exceptions, the procedures set out in Section 11.2.408, Exception Permits, apply.

Use. The first column, Use, lists the use to which the standards specified in the same row apply.
District. The second column, District, lists the district in which the standards specified in the same row apply. This may mean that different standards apply to the use, depending upon the district in which it is located.
Location. The third column, Location, specifies where the use may be located (e.g., in the C-3 district, residential is only allowed above a nonresidential use), or certain minimum spacing (e.g., 600 feet between similar uses), etc.
Design. The fourth column, Design, specifies the design requirements that are specific to this use.
Other Standards. The fifth column, other, specifies additional standards that are specific to the use (e.g., operational limitations, licensing requirements, etc.).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.302 Residential Use Compatibility Standards

Standards. Set out in Table 2.2.302, Residential Limited Use and Exception Standards, are the standards that apply to each use.

Individual Uses.

Apartment.
1. District: C-3 and M-U
2. Location: N/A
3. Design: Apartments are allowed as follows:
  1. In the C-3 district, they are integrated into mixed use buildings.
  2. All units are accessed via interior hallways.
  3. The design of the apartment buildings shall be in conformance with all applicable provisions of Section 10.1.102, Multi-Family Design Standards. Not more than 40% of the main floor is to be permanent living space.
4. Other: N/A
Live-Work Units.
1. District: C-3
2. Location:
  1. C-3: N/A
  2. M-U: In mixed housing neighborhoods, live-work units shall be separated from single-family detached housing by a Type A bufferyard or public street
3. Design: C-3 and M-U
  1. Live-work units shall comply with the following:
    1. Live-work units shall be designed as single-family attached units in the form of a triplex or townhouse.
    2. Each unit must be designed with an external appearance as a residence rather than a commercial business.
    3. Required parking for the dwelling units shall be provided via an alley, parking structure, or parking court.
    4. Parking for patrons shall be accommodated on-street or in a parking structure.
    5. Signage shall be as follows:
      1. M-U District: A single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
      2. C-3 District: A single placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling, or a single projecting sign with a maximum of two square feet may be affixed to the street-facing facade of the dwelling.
    6. The area devoted to work does not exceed:
      1. M-U District: 25 percent of the total habitable area of the unit; or
      2. C-3 District: 40 percent of the total habitable area of the unit.
    7. The area devoted to work shall be located on the ground floor.
4. Other:
  1. C-3: N/A
  2. M-U: Employees are restricted to the residents of the dwelling.
Manufactured Home.
1. District: A-L, R-S, R-G and N-C
2. Location:
  1. A-L, R-S and R-G:
    1. Option 1: The manufactured home is located within a manufactured home park or subdivision, and meets the standards of Section 9.1.304, Manufactured Home Park or Subdivision, Section 10.1.103, Manufactured Home Unit Design Standards, and other applicable sections of this Code; or
    2. Option 2: The manufactured home is not located in a manufactured home park or subdivision but meets the standards of Section 10.1.103, Manufactured Home Unit Design Standards (including Subsection F., Architectural and Aesthetic Compatibility) and other applicable sections of this Code.
  2. N-C: The use existed on the effective date of this Code or a new manufactured home on a parcel proposed for development meets the provisions of Option 2, above.
3. Design: N/A
4. Other: N/A
Modular Home.
1. District: A-L, R-S and R-G
2. Location: N/A
3. Design: Each modular home shall be required to be placed on a permanent foundation and meet all other standards that apply to single-family detached or single-family attached housing (whichever may be applicable).
4. Other: Each modular home shall be required to provide a manufacturer certification at the time of permitting certifying that the dwelling unit has been constructed in accordance with the City's nationally recognized building code.
Single-Family Attached.
1. District: R-G, R-M, R-S and M-U
2. Location:
  1. R-G, R-M and R-S: They are not located closer than 150 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street.
  2. M-U: N/A
3. Design:
  1. R-G, R-M and R-S: Within the allowable neighborhood types, they are separated from single-family detached dwellings by a Type A bufferyard or a local street (see Division 4.1.400, Bufferyards.
  2. M-U:
    1. Duplexes, if provided, are limited to side-by-side duplexes, with orientation of the front door to the street.
    2. Triplexes, if provided, are limited to front door orientation to the front of the street.
4. Other:
  1. R-G, R-M and R-S: N/A
  2. M-U: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.
Single-Family Detached.
1. District: M-U
2. Location: The use existed on the effective date of this Code.
3. Design: N/A
4. Other: See Section 3.1.301, Nonresidential and Mixed Use Development Standards.

Neighborhood Types.

Manufactured Home Park or Subdivision.
1. District: R-G
2. Location: N/A
3. Design: N/A
4. Other: See Section 9.1.304, Manufactured Home Park or Subdivision.
Recreational Vehicle (RV) Park.
1. District: A-L and I-1
2. Location: The recreational vehicle (RV) park is located no closer than 500 feet to any property zoned R-S, R-G, or NC, unless separated from such districts by a collector or arterial street, or a bufferyard as set out in Sec. 9.1.305, Recreational Vehicle (RV) Parks, Subsection D..
3. Design: N/A
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.303 Commercial Use of the Home Compatibility Standards

Standards. Set out in Table 2.2.303, Commercial Use of the Home Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Child-Care, Family Day Care Home.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against the street-facing facade of the dwelling.
  2. There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.
3. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Child-Care Facility, Group Day Care Home or Child-Care Facility, Youth Residential.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Location: Same provisions as for child-care, family day care home, above.
3. Design: Same provisions as for child-care, family day care home, above.
4. Other: Same provisions as for child-care, family day care home, above.
Home Occupations.
1. District: A-L, R-S, R-G, R-M, N-C, C-3 and M-U
2. Design:
  1. No sign shall be permitted unless required by state statute, and if so required, shall not exceed two square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
  2. No alteration of the principal residential building shall be made which changes the character of such a building as a residence.
  3. No commodities shall be displayed or sold on the premises except that which is produced on the premises.
  4. No outdoor storage of materials or equipment used in the home occupation shall be permitted.
  5. No manufacturing or processing of any sort shall be done, and no stock-in-trade shall be displayed or sold on the premises.
3. Other:
  1. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
  2. No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.
  3. The following types of home occupations are permitted:
    1. Dressmakers, seamstresses, and tailors;
    2. Music teachers, provided that instruction shall be limited to five pupils at a time;
    3. Dance and drama instructors, provided that instruction shall not be limited to no more than 10 pupils at one point;
    4. Artists, sculptors, and authors or composers;
    5. Offices for architects, engineers, lawyers, realtors, insurance agents, brokers, and members of similar professions;
    6. Ministers, rabbis, and priests;
    7. Offices of salesmen, sales representatives, manufacturer's representatives, when no exchange of tangible goods is made on the premises;
    8. Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the home crafts listed in this Subsection when pursued as a hobby or a vocation;
    9. Day care centers or babysitters caring for less than five unrelated children.
  4. The following home occupations are prohibited:
    1. Funeral homes;
    2. Restaurants;
    3. Small grocery stores;
    4. Stables and animal breeding;
    5. Tourists or vacation rental homes;
    6. Renting of trailers or equipment;
    7. Animal boarding or veterinarian services, small animal and animal boarding or veterinarian services, large animal;
    8. Vehicle sales, rental, and service;
    9. Personal services;
    10. Services such as small appliances, radio, and television repair; and
    11. Photographic studios and laboratories.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.304 Institutional Use Compatibility Standards

Standards. Set out in Table 2.2.304, Institutional Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Assisted Living Facility.
1. District: R-S, R-G, R-M, C-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design:
  1. In the C-1 District, the building shall be an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character
  2. The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Cemetery or Mausoleum.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.4, C-1 and C-2
2. Location: A mausoleum use shall be separated from single-family detached dwelling units by a Type B bufferyard.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: Nothing in this Subsection shall be construed to make an existing cemetery a nonconforming use with respect to the requirements of this Code.
College/University/Vocational School.
1. District: C-3, I-1 and M-U
2. Location: A Type C bufferyard between the use and abutting residential uses/district will be planted, unless equivalent buffering is already provided.
3. Design: Circulation and parking plans are submitted to and approved by the City, which demonstrate:
  1. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use;
  2. On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and
  3. Parking will be accommodated on campus or in parking lots adjacent to or near the campus so as to preserve the traffic carrying capacity of local streets for the purpose of public safety.
4. Other: N/A
Funeral Home/Mortuary/Funeral Chapel/Crematory.
1. District: R-G, R-M, NC.2, NC.3, NC.4, C-1, C-2, I-1 and M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. In the R-G and R-M districts:
    1. There is no cremation on-site; and
    2. The use takes access from a collector or arterial street.
  2. In the NC.2, NC.4, C-2, I-1, and M-U districts:
    1. If cremation is performed, a supplemental filtration system is installed to reduce airborne mercury and particulate matter; and
    2. The use takes access from a collector or arterial street.
4. Other:
  1. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
  2. Only a crematory is an exception in the NC.1, NC.2, and NC.4 Subdistricts.
  3. Funeral homes and mortuaries are an exception in the NC.3 and NC.4 Subdistricts.
Government and Public Institutions.
1. District: A-L, R-S,R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, I-1, I-2, M-U and NC
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. The facility shall be located on and have access to a collector or arterial street.
  2. When the site abuts a residential district or use, it shall be screened by a Type C bufferyard.
4. Other: N/A
Group Day Care Center.
1. Districts: R-G, R-M, NC.2, NC.3, NC.4, N-C, C-1, C-3 and M-U
2. Location: In the NC districts, the use existed as a group day care center on the effective date of this Code.
3. Design:
  1. The facility shall have at least one building entrance dedicated solely for its use.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Hospitals/Medical Office/ Clinic/Medical Lab.
1. Districts: M-U and P-I
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: N/A
4. Other: Hospitals that are operated by a governmental entity are allowed in the A-L, NC.1 and P-I districts.
Museum/ Non-Profit Institutions.
1. District: M-U
2. Location: In the M-U district, it shall be designed as part of an overall planned development.
3. Design: The site shall be located on and have access to a collector or arterial street.
4. Other: N/A
Nursing / Convalescent Home.
1. District: R-M, C-1, I-1 and M-U
2. Location: If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial streets.
3. Design: The use is separated from single-family detached dwelling units by a Type B bufferyard.
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Place of Public Assembly.
1. District: R-S, R-G, R-M, N-C, C-3, C-1, I-1 and M-U
2. Location:
  1. R-S, R-G and R-M: N/A
  2. N-C: The use existed as a place of public assembly on the effective date of this Code.
  3. C-3: N/A
  4. C-1, I-1 and M-U: In the M-U district, it shall be designed as part of an overall planned development.
3. Design:
  1. R-S, R-G and R-M:
    1. The use has a minimum site area that is three times the minimum lot size of the respective district.
    2. The parcel proposed for development is located along and arterial or collector street.
    3. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
  2. N-C: N/A
  3. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
4. Other:
  1. R-S, R-G and R-M: N/A
  2. N-C: The existing use may be expanded on-site or to abutting lots if:
    1. The expansion will allow the use to take access from an arterial or collector street;
    2. The owner of the property also owned the abutting lot onto which the expansion is proposed on the effective date of this Code.
    3. The expansion will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless an equivalent buffer is already provided (see Division 4.1.400, Bufferyards).
  3. C-3, C-1, I-1 and M-U: N/A
Schools, Public and Private.
1. District: C-1, I-1, M-U and C-3
2. Location:
  1. C-1, I-1 and M-U: In the C-1, I-1, and M-U districts, it shall be designed as part of an overall planned development.
  2. C-3: N/A
3. Design:
  1. C-1, I-1 and M-U:
    1. The parcel proposed for development is located along and arterial or collector street.
    2. Parking shall be:
      1. Provided on-site without requiring parking on contiguous or noncontiguous parcels.
      2. Conducted so that it does not create parking or traffic congestion.
    3. Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse than the traffic conditions that existed prior to the establishment of the use.
  2. C-3:
    1. Parking shall be:
      1. Be accommodated through on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly; and
      2. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.
    2. Other:
      1. The parcel proposed for development is located along and arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.305 Recreation and Amusement Use Compatibility Standards

Standards. Set out in Table 2.2.305, Recreation and Amusement Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Campground.
1. District: A-L, NC.1 and P-I
2. Location:
  1. The minimum area of the parcel proposed for development is two acres.
  2. Recreational vehicles shall be located no less than 20 feet from any public street, right-of-way, or property line.
  3. All campgrounds shall have access from an arterial or collector street.
3. Design:
  1. A solid fence or wall at least six feet in height when abutting residentially zoned property or use.
  2. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  3. Provide one service building.
    1. Cannot be located closer than 25 feet from any designated camping space.
    2. Shall not be located further than 600 feet from any camping space.
    3. Have one flush toilet, one lavatory, and one shower or bathtub per nine camping spaces.
  4. A maximum density of 20 camping spaces per gross area, and a minimum area of 1,250 square feet for each space.
  5. Campgrounds shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
  6. Each camping space shall be at least 25 feet in width and 50 feet in depth.
4. Other:
  1. Sales of recreational vehicles are not allowed.
  2. The maximum duration of a stay for any one camper cannot exceed a total of 15 days during any given month.
Commercial Amusement, Indoor.
1. District: C-1 and M-U
2. Location:
  1. Outdoor activity areas are separated from residential uses by a Type C bufferyard or public street right-of-way.
  2. The building is located no less than 100 feet from any residential use.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
  3. Lighting for outdoor activities is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  4. Primary access to the use is from a collector or arterial street.
4. Other: N/A
Commercial Amusement, Outdoor.
1. District: C-2 and M-U
2. Location: Commercial amusement, outdoor uses that include amusement rides, gasoline-powered go-cart tracks, gasoline-powered bumper boats, or are designed to accommodate more than 500 persons shall be spaced not less than 400 feet from residentially zoned or used property, measured along a straight line between the closest lot lines.
3. Design:
  1. The minimum area of the parcel proposed for development is one acre.
  2. The height to the tallest element on each amusement ride is limited to the maximum height for principal buildings in the underlying zone, except that taller amusement rides may be approved by the Planning Commission.
  3. Lighting must be designed to prevent off-site glare and sky glow and additional setbacks or minimum parcel area may be required for facilities with decorative lighting.
  4. A bufferyard is required that is one type more restrictive than required by the zoning district (e.g., if a Type A is required by the zoning district, a Type B is required for this use).
  5. Amphitheater stages and drive-in screens shall face away from the nearest residential uses.
  6. If the use is located within 400 feet, measured along a straight line between the closest lot lines, then the use shall not operate between 9:00 p.m. and 9:00 a.m., Sundays through Thursdays, and 11:00 p.m. and 9:00 a.m. on Fridays and Saturdays.
4. Other: N/A
Golf Course.
1. District: A-L, R-S, R-G, R-M and M-U
2. Location: As a part of a planned development in the A-L, R-S, R-G, R-M and M-U districts.
3. Design: N/A
4. Other: N/A
Recreation and Fitness, Indoor.
1. District: C-3, I-1 and M-U
2. Location: The use is separated from all residential uses by a Type B bufferyard or public streetright-of-way.
3. Design:
  1. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially zoned district or use.
  2. Noise from the use shall not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
4. Other: N/A
Recreation and Fitness, Outdoor.
1. District: A-L, R-S, R-G, R-M, C-1, I-1, M-U and P-I
2. Location: Public park areas designed and intended for active recreational use are separated from abutting residential districts and uses by a Type C bufferyard.
3. Design:
  1. Off-street parking complies with Section 5.2.102, Required Off-Street Parking and Loading Spaces.
  2. Access to service and parking areas for over 50 vehicles is from a collector or arterial street.
  3. All lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: After hours lighting is limited to that necessary only for security purposes.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.306 Commercial Use Compatibility Standards

Standards. Set out in Table 2.2.306, Commercial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Alcoholic Beverage Sales.
1. District: M-U
2. Location: As part of a planned development where the building is located no less than 200 feet from any residential use.
3. Design: N/A
4. Other: All applicable state laws apply.
Animal Boarding and Veterinarian Services, Large Animal.
1. District: I-1 and I-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. I-1:
    1. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
    2. There will be no outdoor livestock pens.
  2. I-2:
    1. Outdoor livestock pens:
      1. Will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals.
      2. Shall be set back at least 50 feet from all lot lines and are allowed only to the rear of the use, provided that the abutting property is zoned A-L or C-2.
4. Other: N/A
Animal Boarding and Veterinarian Services, Small Animal.
1. District: C-1, I-1, C-3, M-U and C-2
2. Location: No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, group day care center, or public park (except a dog park).
3. Design:
  1. C-1, I-1, C-3 and M-U: The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
  2. C-2: Outdoor dog runs and animal exercise areas will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals(see Division 4.1.400, Bufferyards).
4. Other: No livestock or large animals will be boarded, treated, or kept on the premises.
Drinking Establishment.
1. District: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3: No entrance faces a residential district or use unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
  2. M-U: No entrance faces a residential district unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines, provided, however, that fire doors that are required by the fire code may be exempt from this requirements if the fire door is not designed as a general entrance or exit.
3. Design:
  1. Uses with dancing or live entertainment restrict that the portion of the building used for dancing or entertainment such that no opening faces a residential district or use than stationary insulated glass windows, which shall be screened or draped in a manner to prevent direct light from shining onto such residential district or use.
  2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
4. Other: All applicable state laws apply for the on-site consumption of alcohol.
Drive-In, Drive-Through Facility.
1. District: C-1, C-2, C-3, I-2 and P-I
2. Location:
  1. C-1, C-2, C-3 and I-2:
    1. Drive-in, drive-through facilities are permitted only as an accessory use to a principal use (e.g., restaurant or bank).
    2. The facility shall take access from an arterial or collector street.
  2. P-I: N/A
3. Design:
  1. The drive-in, drive-through facility shall not be located within the front yard.
  2. Ordering stations facing abutting residentially zoned or used property shall be buffered with a five to six foot high masonry wall and landscaping.
4. Other:
  1. C-1, C-2, C-3 and I-2: N/A
  2. P-I: Drive-in and drive-through uses are allowed to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, etc.)
Farmers' Market.
1. District: A-L, C-1, C-2, C-3, P-I and M-U
2. Location:
  1. A-L, C-1, C-2, C-3 and P-I: The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use is separated from all residential districts and uses by a Type B bufferyard or a local or collector street.
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The site has been supplied with electrical power at secured, in-ground stations that may be accessed by temporary users.
  3. The use will be conducted so that is does not create parking or traffic congestion.
4. Other: N/A
Grocery Store.
1. Districts: C-1, C-3 and M-U
2. Location:
  1. C-1 and C-3:
    1. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    2. The facility shall take access from an arterial or collector street.
  2. M-U:
    1. As part of a planned development in the M-U district.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
    3. The facility shall take access from an arterial or collector street.
3. Design:
  1. C-1 and C-3:
    1. Cannot be larger than 40,000 square feet.
    2. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    3. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    4. A truck routing plan shows that the ingress and egress to the site does not use a local street.
    5. No drive-in/drive-through facilities.
  2. M-U:
    1. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
    2. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
    3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. Other: N/A
Heavy Retail.
1. District: C-2, M-U and I-1
2. Location: The facility shall take access from an arterial or collector street.
3. Design:
  1. C-2 and M-U: Outdoor display areas:
    1. Cannot be larger than 30 percent of the footprint of the principal building.
    2. Must be enclosed by a structure that screens the merchandise.
    3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
  2. I-1:
    1. The use involves the sale of a single category of merchandise and is characterized by one or more of the following:
      1. Outdoor displays that are larger in area than the footprint of the principal building;
      2. The sale of goods that are manufactured on-site.
    2. Permitted examples include:
      1. Permanent retail operations that are located outside of enclosed buildings;
      2. Lumber and other building materials; or
      3. Lawn, garden equipment, and related supplies stores.
    3. Prohibited examples include: warehouse clubs, super stores, and home centers.
4. Other: N/A
Hotel/Motel.
1. District: C-1, C-2, I-1, C-3 and M-U
2. Design:
  1. C-1, C-2 and I-1: All rooms are accessed via interior hallways.
  2. C-3 and M-U:
    1. The use can be integrated into mixed use buildings with rooms located above the ground floor.
    2. All rooms are accessed via interior hallways.
    3. Surface parking shall be located behind the building. A parking structure shall be located behind or underneath the building.
3. Other: N/A
Mixed Use.
1. District: C-2 and M-U
2. Location: As part of a planned development in the C-2 and M-U districts.
3. Design: N/A
4. Other: N/A
Nursery/Greenhouse, Retail.
1. District: A-L, I-1 and M-U
2. Location:
  1. A-L:
    1. The facility shall take access from an arterial or collector street.
    2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
  2. I-1: N/A
  3. M-U: As part of a planned development in the M-U district.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. Bulk sales of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stored or sold on-site.
  4. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A
Office, General.
1. District: M-U
2. Location:
  1. As part of a planned development in the M-U district.
  2. The facility shall take access from an arterial or collector street.
3. Design: N/A
4. Other: N/A
Parking Lot/Parking Structure, Stand Alone.
1. District: C-1, C-2, C-3, M-U and P-I
2. Location: The location of ingress and egress minimizes traffic congestion and the effect of headlights on residential uses.
3. Design:
  1. Parking structures in the C-2, C-3, and M-U districts shall not exceed two levels above grade.
  2. Parking structures in the P-I district shall not exceed three levels above grade.
  3. Parking structures in the C-2, C-3, M-U- and P-I shall be buffered from adjacent streets, highways, and uses by a Type B bufferyard.
4. Other: N/A
Pawn Shop.
1. District: C-2
2. Location: The facility on the parcel proposed for development lot line shall not be closer than 200 feet from a residential zone or use.
3. Design: N/A
4. Other: The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Personal Services.
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Restaurant.
1. District: NC.3, M-U and P-I
2. Location:
  1. NC.3 and M-U:As part of a planned development in the NC.3 and M-U districts.
  2. P-I: N/A
3. Design:
  1. NC.3 and M-U: N/A
  2. P-I:
    1. Permitted as part of an accessory use to a principal use which serves employees and patrons.
    2. Does not have signage that is visible from a street that is collector or greater capacity.
    3. Has a floor area of less than 5,000 square feet.
4. Other: N/A
Retail Sales and Services.
1. District: NC.3 and M-U
2. Location: As part of a planned development in the NC.3 and M-U districts.
3. Design: N/A
4. Other: N/A
Showrooms: .
1. District: M-U
2. Location: As part of a planned development in the M-U district.
3. Design: N/A
4. Other: N/A
Vehicle Gas or Fueling Station (including charging stations for electric vehicles).
1. District: NC.3, C-1 and M-U
2. Location: N/A
3. Design:
  1. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use.
  2. The use is separated from all residential districts and uses by a Type B bufferyard.
  3. A truck routing plan shows that the ingress and egress to the site does not use a local street.
  4. The use shall not be located within:
    1. The 100-year or 500-year floodplain.
    2. 200 feet of a wetland, waterbody (except detention or retention with treatment), or permitted potable water well.
4. Other: N/A
Vehicle Sales, Rental, and Service.
1. District: C-2 and I-1
2. Location: N/A
3. Design:
  1. All outdoor display areas for rental or sales of vehicles shall:
    1. Be located on an approved hard surface;
    2. Be located in areas that are outside of the minimum required parking spaces for the use;
    3. Be located outside of the right-of-way; and
    4. Include no more than one elevated display which raises the vehicle no more than three feet off the ground.
  2. Accessory uses and structures are set back a minimum distance of 50 feet from all rear and side yards of residentially zoned or used property and public rights-of-way.
  3. No inoperable vehicles or materials are stored on-site, unless within an enclosed building, or otherwise totally screened from view.
4. Other: N/A
Vehicle Wash.
1. District: C-1, I-1 and M-U
2. Location:
  1. C-1 and I-1: The use is not allowed on property that is located within 200 feet of any residential district or use, as measured along a straight line from the closest lot lines.
  2. M-U: As part of a planned development where the parcel proposed for development is located no less than 200 feet from any residential district or use.
3. Design: The use shall be enclosed on all sides by a Type A bufferyard.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.307 Agriculture Use Compatibility Standards

Standards. Set out in Table 2.2.307, Agriculture Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Horse Riding Stables and Academies.
1. District: A-L, NC.1 and R-S
2. Location:
  1. A-L and NC.1:
    1. A minimum site area of 2.5 acres.
    2. The structure housing horses shall not be located closer than 600 feet from any lot line of a residential district.
    3. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
  2. R-S:
    1. A minimum site area of 2.5 acres.
    2. Private stables and storage buildings shall be located at least 200 feet from dwellings other than the dwelling located on the same lot with the stable.
3. Design:
  1. The use shall be surrounded by a Type B bufferyard, except at points of ingress and egress.
  2. Stable buildings shall include a minimum of 800 square feet per horse for storage of bedding, feed, manure, and tack.
4. Other: Stables shall in all ways comply with City, state, and federal laws governing health and environment.
Nursery/Greenhouse, Wholesale.
1. District: A-L
2. Location:
  1. The facility shall take access from an arterial or collector street.
  2. The use shall not be located closer than 200 feet from any lot line of a residential district or use.
3. Design:
  1. Outdoor display areas are enclosed with a fence or wall that is in compliance with Section 10.2.103, Fences and Walls.
  2. Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet.
  3. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.308 Industrial Use Compatibility Standards

Standards. Set out in Table 2.2.308, Industrial Limited Use and Exception Standards, are the standards that apply to each use.

Use.

1.
Light Industry - Building, development, general contracting, special trade contractors.
1. a.
  District: C-2
  1. i.
    Location:
    a.
    Limited outside material storage or equipment of not more than 40% of the property
    b.
    Outdoor storage shall be screened from view with a 6 ft fence
  2. ii.
    Other:
    a.
    Storage yards shall only be used to store operable equipment and construction materials.
2.
Landfill.
1. a.
  District: I-2 and P-I
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is five acres.
  4. iv.
    The landfill shall be no less than two miles from any airport boundary, as set out in Section 2.1.302(E)(2).
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    The landfill does not modify the flow of major natural drainage ways within the City and its extraterritorial jurisdiction area.
4. d.
  Other:
  1. i.
    Complies with all City, state, and federal codes and statues.
  2. ii.
    No facility presents a hazard to surrounding residents or properties.
3.
Manufacturing and Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lots lines.
  2. ii.
    The site shall take access from an arterial or collector street.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
  3. iii.
    All activities will take place entirely within an enclosed building.
4. d.
  Other: All applicable state and federal laws apply.
4.
Oil / Gas Operations.
1. a.
  District: A-L, NC.1, I-1 and I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use (including drilling) shall be surrounded by a Type C bufferyard, which shall be sufficient to screen operations within 45 days of production.
4. d.
  Other: All applicable state and federal laws apply.
5.
Petroleum Refining and Fuel Storage.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
  2. ii.
    The facility shall take access from an arterial or collector street.
  3. iii.
    The minimum area of the parcel proposed for development is three acres.
3. c.
  Design:
  1. i.
    The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
  2. ii.
    A truck routing plan shows that the ingress and egress to the site does not use a local street.
4. d.
  Other: All applicable state and federal laws apply.
6.
Slaughterhouse.
1. a.
  District: I-2
2. b.
  Location:
  1. i.
    The minimum area of the parcel proposed for development is five acres.
  2. ii.
    The keeping of animals shall be located no closer than 500 feet from any residential district or use or off-site property, measured along a straight line from the closest lot lines.
3. c.
  Design:
  1. i.
    All operations shall be conducted within an enclosed building, with the exception of keeping of animals.
  2. ii.
    The maximum number of animals to be kept at any one time shall be 25, with the exception of fowl.
  3. iii.
    Slaughter operations shall be conducted on no more than two days per week.
4. d.
  Other: N/A
7.
Storage, Flammable Materials or Substances.
1. a.
  District: I-2
2. b.
  Location: The site operations shall be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines.
3. c.
  Design: The use shall be surrounded by a Type C bufferyard.
4. d.
  Other: All applicable state and federal laws apply.
8.
Storage, Self.
1. a.
  District: I-1, I-2, and C-2
2. b.
  Location: I-1 and I-2
  1. i.
    The minimum size of a self-storage facility is one acre.
3. c.
  Design:
  1. i.
    I-1 and I-2
    a.
    No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district.
    b.
    All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet.
    c.
    Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed, unless not visible from any property line.
  2. ii.
    C-2
    a.
    All self-storage facilities shall be located inside of an existing structure, with all units only being accessible from the interior of the building.
    b.
    No storage units may be located north of I-70 or on properties within Vine St. frontage or that have direct access from Vine St.
4. d.
  Other:
  1. i.
    Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility.
  2. ii.
    All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
9.
Storage Yard.
1. a.
  District: I-1, I-2 and P-I
2. b.
  Location: N/A
3. c.
  Design: The storage yard shall be enclosed by a Type A bufferyard that includes a fence to provide security, provided, however, that the bufferyard requirements set out in Division 4.1.400, Bufferyards, may require a more restrictive bufferyard.
4. d.
  Other:
  1. i.
    Storage yards shall only be used to store operable equipment and construction materials.
  2. ii.
    Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
  3. iii.
    Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted.
10.
Vehicle Repairs and Service, Heavy.
1. a.
  District: I-2
2. b.
  Location: The use is separated from other uses, as measured in a straight line between the nearest property lines, as follows:
  1. i.
    Residential districts and uses: 500 feet, or separated by a Type C bufferyard.
  2. ii.
    Arterial streets and highways: 150 feet, or screened by another use that fronts the arterial street or highway, or separated with a Type B bufferyard.
3. c.
  Design:
  1. i.
    Outside storage of vehicles:
    a.
    Are not to be stored in parking spaces that are required by Section 5.2.102, Required Off-Street Parking and Loading Spaces.
    b.
    Are screened from view from abutting streets by the principal building and/or a minimum five foot tall masonry wall or fence.
  2. ii.
    Nor more than one bay door faces an arterial street or highway.
4. d.
  Other: N/A
11.
Warehousing and Distribution.
1. a.
  District: C-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: Loading bays shall be located behind the principal building unless it is demonstrated that:
  1. i.
    Front-facing bays would have less impact on the function of the surrounding land uses; and
  2. ii.
    The front property line is buffered with a Type A bufferyard.
4. d.
  Other: The use does not involve hazardous materials or wastes.
12.
Wholesale Services.
1. a.
  District: I-2
2. b.
  Location: The use is not allowed on property that is located within 300 feet of any residential district or use, as measured along a straight line from the closest lot lines.
3. c.
  Design: No outside storage may be visible from a required front yard when adjacent to a public street right-of-way.
4. d.
  Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.309 Transportation Use Compatibility Standards

Standards. Set out in Table 2.2.309, Transportation Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Airport.
1. District: A-L, NC.1 and P-I
2. Location:
  1. A-L and NC.1: N/A
  2. P-I: Only permitted in the location of the existing Hays Regional Airport and in adjacent areas into which the airport may expand.
3. Design:
  1. A-L and NC.1: Airports shall be designed according to all applicable standards set out by the FAA.
  2. P-I: N/A
4. Other:
  1. A-L and NC.1: Complies with all rules and regulations of the FAA.
  2. P-I: The airport shall comply with all rules and regulations of the FAA which are applicable to expansion or reconfiguration.
Helistop.
1. District: A-L, NC.1, C-2, I-1, I-2 and P-I
2. Location:
  1. In general, helistops that are located on platforms or buildings, but are closer than 48 feet to ground level shall be spaced:
    1. At least 500 feet (horizontal distance) from single-family detached and single-family attached residential uses and all types of public and private schools.
    2. At least 300 feet (horizontal distance) from multi-family uses.
  2. Helistops that are anticipated to conduct more than two flight operations per day shall add 100 feet to each of the spacing requirements set out in subsection 1.a., above.
3. Design:
  1. Helistops shall be designed according to the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2C, dated April 24, 2012, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration requirements. Compliance with these standards shall be demonstrated to the City.
  2. In general, helistops shall be set back 250 feet from lot lines. Setbacks shall be increased if necessary to accommodate all required safety zones on the parcel proposed for development.
4. Other:
  1. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration of "no objection" or "conditional," pursuant to 14 CFR § 157.7, FAA Determinations. If the determination is "conditional," then the applicant shall demonstrate how the conditions will be met.
  2. In the interest of public safety, police stations, fire stations, hospitals, and trauma centers may be developed with an accessory helistop, subject to the design standards of this subsection (at left).
  3. Nothing in this subsection shall be construed to prohibit or limit the ability of an emergency services helicopter from landing or taking off as part of an emergency response or for special events normally associated with the use of helicopters.
Railroad Yard.
1. District: I-2
2. Location: A residential district or use shall not be located closer than 300 feet from a railroad yard.
3. Design: N/A
4. Other: It is an existing use before the effective date of this Code.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.310 Utility Use Compatibility Standards

Standards. Set out in Table 2.2.310, Utility Limited Use and Exception Standards, are the standards that apply to each use.

Use.

Power Generation, Small-scale (Renewable; Noncombustable).
1. District: R-S, R-G, R-M, M-U, C-1, C-2, I-1 and I-2
2. Location:
  1. R-S, R-G, R-M and M-U:
    1. Residential Developments.
      1. The use must be located in an area that is:
        10 acres or less in size (which may include up to 10 percent of the area of required open space);
        Owned by the property owners' association; and
      2. The system must be provided for the benefit of the property owners who are members of the association.
    2. Nonresidential and Mixed Uses. Rooftops, covered walkways, and covered parking spaces on parcels used for nonresidential purposes may be used for small scale power generation with solar arrays.
  2. C-1 and C-2: Small scale power generation using solar arrays is allowed in the C-1 and C-2 districts on rooftops, covered walkways, and covered parking spaces.
  3. I-1 and I-2: Small scale power generation using solar arrays is allowed in the I-1 and I-2 districts:
    1. On rooftops, covered walkways, and covered parking spaces; and
    2. On ground-mounts, provided that the facility is set back 100 feet from arterial rights-of-way or a Type B or higher (more opaque) bufferyard and / or buildings screens the facility from arterial rights-of-way (see Division 4.1.400, Bufferyards).
3. Design: N/A
4. Other: Small-scale power generation facilities may be grid-connected.
Power Generation, Utility-Scale.
1. District: I-2
2. Location: The use is allowed if the power is generated by solar arrays that are mounted on nonresidential rooftops and/or over parking spaces.
3. Design: N/A
4. Other: N/A
Public Utilities.
1. District: NC.1, NC.2, NC.3 and NC.4
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A
Substations.
1. District: A-L, R-S, R-G, R-M, NC.1, NC.2, NC.3, NC.4, C-1, C-2, M-U and P-I
2. Location: N/A
3. Design: A Type C bufferyard when abutting to a residential district or use, unless separated by an arterial or collector street.
4. Other: N/A

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 2.2.311 Communication Use Compatibility Standards

Exemptions. This Section does not apply to:

Amateur radio uses or private dispatch systems.
Antennae used by residential households solely for broadcast radio and television reception.
Satellite antennae used solely for residential or household purposes.
Television and AM / FM radio broadcast towers and associated facilities.
Facilities owned and operated by a federally-licensed amateur radio station operator.
Functionally equivalent services, as specified by Section 704 of the Telecommunications Act of 1996 (which prohibits unreasonable discrimination among functionally equivalent services).
Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, is exempt from permitting requirements.

Standards. Set out in Table 2.2.311, Communication Limited Use and Exception Standards, are the standards that apply to each use.

Use.

All Wireless Telecommunication Facility (WTF) Uses.
1. District: All districts, as set out below
2. Location: Facilities are permitted within the public right-of-way, subject to the execution of a lease agreement with the City (or other applicable jurisdiction) and is co-located on a traffic light pole, street light standard, or other vertical infrastructure is encouraged.
3. Design:
  1. Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area. This may be accomplished through the use of compatible architectural elements such as materials, color, texture, scale and character.
  2. All ground based equipment must be screened by a solid fence or screen wall six feet in height and surrounded by a Type B bufferyard around the perimeter of the lease area pursuant to Division 4.1.400, Bufferyards. This requirement shall be waived in areas where buildings or other structures provide the same or better screening effect.
  3. All ground based equipment shall meet the setbacks applicable to principal structures in the zoning district.
  4. Security lighting may be provided to the extent that it does not substantially affect abutting properties in an adverse manner. Artificial lighting mounted on freestanding facilities shall be limited to mandatory safety lighting required by federal aviation authorities or other authorities with jurisdiction over communication structures.
4. Other:
  1. All new wireless telecommunications facilities shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is more than 120 feet in height and for at least one additional user if the tower is more than 60 feet in height but less than 120 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection.
  2. The use of any portion of a wireless telecommunications facility for signs, with the exception of safety, identification, and notification information as may be required by the FCC or other governmental authority, is prohibited.
Radio and Television Studio.
1. District: C-2 and C-3
2. Location: N/A
3. Design: Radio and television studios shall not include transmission or receiving equipment that is:
  1. Ground-mounted.
  2. Tower-mounted.
  3. Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
4. Other: N/A
WTF, Attached.
1. District: All districts
2. Location: Attached communication facilities shall only be permitted on agricultural, nonresidential (e.g., commercial, industrial, institutional, etc.), multi-family, or publicly-owned buildings , or public utility structures.
3. Design:
  1. Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color and reasonably screens the facility from ground level view.
  2. Roof mounted facilities (the antenna, together with antenna support structures and screening) shall not project more than 10 feet higher than the roof line of a building and can exceed the maximum height limitations of the zoning district by the same.
  3. Façade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
4. Other: All applicable rules and regulations required by the FCC.
WTF, Freestanding Non-Stealth.
1. District: A-L, C-2, C-3, I-1, I-2 and P-I
2. Location:
  1. Tower setbacks:
    1. A distance equal to 110 percent of the height of the tower; or
    2. For towers with preformed collapse points, 110 percent of the height of the tallest section.
  2. Wireless telecommunication accessory structure setbacks shall be 15 feet from the property line.
  3. New towers are separated by a minimum distance of two miles measured in a straight line from base to base, irrespective to jurisdictional boundaries.
3. Design:
  1. An opaque fence not less than six feet in height and not more than 10 feet in height which encloses the base of all wireless telecommunications towers and related facilities.
  2. Wireless telecommunication facility maximum heights:
    1. A-L district: 200 feet.
    2. I-2 and P-I districts: 120 feet.
    3. C-2, C-3, and I-1 districts: 20 feet above the maximum building height permitted in the zoning district.
  3. Support facilities are equal to the maximum building height permitted in the zoning district.
  4. Vehicular access is provided.
  5. Towers shall be of an inconspicuous stealth design.
4. Other:
  1. New towers that exceed the maximum height of the zoning district require notification to the Federal Aviation Administration (FAA) due to the proximity of the Hays Regional Airport.
  2. All applicable rules and regulations required by the FCC.
WTF, Freestanding Stealth.
1. District: All districts
2. Location: Stealth freestanding communications facilities are permitted in all districts if it is demonstrated that the principal use of the property is a multi-family, public/institutional, or other nonresidential use.
3. Design:
  1. Stealth wireless telecommunications facilities must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
  2. The structure used to support the antennae must meet the requirements of the underlying zoning district, including, but not limited to, height, setback, and use.
  3. The structure used to support the stealth facility must be integrated as an architectural feature or designed to resemble an object or structure that does not have the appearance of a monopole or other telecommunications facility.
4. Other: All applicable rules and regulations required by the FCC.

Submittal Requirements. All of the following documentation shall be provided for all proposed wireless telecommunications facilities:

Site Plan. A site plan showing:
1. The location and legal description of the site;
2. On-site land uses and zoning;
3. Adjacent streets or roadways;
4. Parking and access;
5. Areas of vegetation and landscaping to be added;
6. Setbacks from property lines; and
7. The location of the facility, including all related improvements and equipment.
Vicinity Map. A vicinity map showing abutting properties, land uses, zoning and roadways within one mile of a proposed wireless telecommunication facility.
Elevation Drawings. Elevation drawings of the proposed facility showing all antennas, towers, tower heights, structures, existing buildings, walls and/or roofs on which antennas are mounted, equipment buildings/cabinets, fencing, screening, lighting and other improvements related to the facility showing specific materials, placement and colors.
Technical Report. A narrative report describing the facility and the technical, economic, and other reasons for its design and location, the need for the facility and its role in the network, and describing the capacity of the structure, including the number and type of antennas it can accommodate.
Coverage Map. A coverage map and a survey of existing towers including type and location and a statement to demonstrate the need for the new tower and supporting documentation as to why co-location is not possible on an existing tower in the area.
Co-Location Statement. A letter of intent to allow co-location on the antenna support structure.
Removal Statement. A letter of intent to remove the facility at the expense of the facility operator and/or property owner if it is abandoned.

90 days for wireless co-location applications, and
150 days for all other wireless siting applications (see City of Arlington v. FCC, 133 S. Ct. 1863).

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022