Land or premises in each of the following classified districts in the City of Hewitt shall be used for the following purposes only. Any other use of such land or premises shall be unlawful and in violation of this ordinance.

2.101. R-1 single-family district.

A.

Land use.

1.

Single-family dwellings.

2.

Churches, convents and parish houses, and synagogues.

3.

Public parks, playgrounds, golf courses (but excluding miniature golf and commercial driving tees), public recreation, and community buildings.

4.

Public schools and private schools.

5.

Municipal office buildings, police buildings, fire stations, and nonprofit libraries.

6.

Farms, truck gardens, orchards, and nurseries for growing shrubs, flowers, and trees, provided that no retail or wholesale business sales office is maintained on the premises and provided further that no poultry or livestock other than normal household pets shall be kept, harbored or raised except in compliance with the ordinances of the City of Hewitt.

7.

Home occupations as defined in [part] 12 of this ordinance and regulated by [part] 12 of this ordinance.

8.

Accessory uses as provided in section[s] 9.101 and 9.102 of this ordinance.

9.

Agriculture and/or livestock buildings of less than 400 square feet located on a tract of land not less than five acres.

Cross reference— Locations for keeping livestock in the city, § 10-103.

2.101.1. R-1-G Garden Home District.

Purpose of district: The purpose of the R-1-G, Garden Home District is to allow for a higher concentration of single-family homes per acre by reducing the minimum lot size and building set back requirements while maintaining quality architectural and landscape design.

A.

[Generally.] The R-1-G Garden Home District is intended to be used in conjunction with and complimentary to other residential districts so as to allow development of smaller undeveloped tracts and or larger undeveloped tracts. Any other use of such land or premises shall be unlawful and in violation of the ordinance.

B.

[Land area.] The land area for the creation of an R-1-G Garden Home District shall be between three and seven acres unless otherwise recommended by the planning and zoning commission and approved by city council.

C.

Land use.

1.

Single-family homes.

2.

Private community buildings.

3.

Private community swimming pools.

4.

Private community recreational areas.

D.

Minimum lots size is established.

1.

Minimum lot area shall be 5,000 square foot.

2.

Minimum lot width shall be 50 feet.

3.

Minimum lot depth shall be 100 feet.

4.

For lots with non-parallel side lot lines a minimum of 40 feet width at front building setback line as defined in section 12.102 of this ordinance.

E.

Minimum yard sizes are established.

1.

Front and rear yards shall have a minimum of 20 feet measured from the property line.

2.

Interior lots shall have a minimum five-foot side yards as measured from the side property lines with a minimum separation between buildings of ten feet.

3.

On a corner lot there shall be a side yard along the side street of not less than ten feet.

F.

Maximum lot coverage.

1.

No residential living unit shall contain less than 1,750 square feet in living area.

G.

Other construction requirements.

1.

Masonry veneering shall cover 100 percent of all exterior walls excluding doors and windows.

2.

Maximum two stories or 37 feet six inches in height.

3.

A maximum allowable percentage of opens for opposing exterior walls.

4.

Structures shall be required to have an overall average roof pitch of no less than eight to 12.

5.

A storm-water collection and dispersal system shall be installed.

6.

A minimum of a two-car garage.

7.

A minimum of two off-street parking spaces.

2.102. R-2 duplex districts.

A.

Land use.

1.

Two-family dwelling.

2.

All uses permitted in the R-1 single-family district, except single-family dwelling units.

2.103. R-3 multiple-family residential low density [district].

A.

Purpose. The R-3 district is established to meet the needs for low density residential areas where such development is in concert with area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community.

B.

Uses permitted. The following uses shall be permitted:

(1)

Multiple-family dwellings and clustered multiple-family dwellings, maximum of six living units per acre.

(2)

Any use permitted in the R-2 district.

(3)

Private and public schools: nursery, elementary, junior high, high school, vocational school and day care centers.

(4)

Churches, parish houses, convents.

(5)

Country clubs, tennis courts, and such additional recreational uses as are for private recreation purposes or private club recreational purposes. Clubhouses and maintenance buildings shall be located not less than 200 feet from any adjacent lot in an adjoining residence district.

(6)

Parks and playgrounds.

(7)

Accessory uses, including, but not limited to, the following:

(a)

Athletic fields and playfields, noncommercial, including stadiums and grandstands;

(b)

Temporary buildings for storage of building materials and equipment and construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction.

(8)

Existing one-family dwelling units used as such on the effective date of this ordinance.

(9)

Public office buildings used by schools, city, county, state or federal governments, or school districts.

(10)

Home occupations as defined in [part] 12 of this ordinance.

2.104. R-4 multiple-family residential high density [district].

A.

Purpose. High density multiple-family zoning is primarily intended as the appropriate designation for lands suitable for higher impact development and higher volume traffic, while serving the residential needs for higher density living quarters.

B.

Permitted uses. The following uses shall be permitted:

(1)

Any use permitted in the R-3 district, except two-family dwelling units; not to exceed 20 living units on any single acre;

(2)

Libraries and museums;

(3)

Hospitals, sanitariums, nursing homes, and personal care facilities.

C.

General conditions.

(1)

R-4 developments should be adjacent to a collector or major thoroughfare.

(2)

Multi-family high density developments in R-4 zoned districts built after the passage of this ordinance shall be fully enclosed by a fence as set forth in section 9.103 F.

(3)

Multi-family high density developments constructed after the passage of this ordinance shall have garages either attached or detached for 50 percent of the living units. All garages and covered parking shall be of similar and conforming architectural design and materials as the main multi-family structures.

a.

Assisted living facilities are exempt from the requirement to provide garages; however, if covered parking or garages are provided they must comply with the architectural design and materials standard listed above in section 2.104.C(3).

(4)

If a high-density R-4 development is directly adjacent to an R-1 zone, a transition area of medium density development should be incorporated into the project. At a minimum a multi-family high density R-4 development shall contain a masonry wall along the property line that delineates the R-4 zone from the R-1 zone.

2.105. R-5 single-family attached dwelling district.

A.

Purpose. The attached single-family residence district is intended to provide for development of attached dwellings located on a separate lot, delineated by front, side and rear lines, at moderate densities where it may serve as a transitional use between single-family residential areas and more intensive uses; or in locations with convenient access to the major street system and proximity to community services.

B.

Permitted uses.

(1)

Single-family dwellings;

(2)

Single-family zero lot line dwellings, maximum 14 living units per acre;

(3)

Home occupations as defined in [part] 12 of this ordinance.

2.106. R-P district.

A.

Purpose of district. The R-P district is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, reduce the demands on community facilities and to create larger areas of open space than that generated under normal district controls.

B.

Land use. All uses permitted in the R districts, but plans for such uses shall comply with section 2.114 of this ordinance.

2.107. MH manufactured home park district.

A.

Purpose of district. The manufactured home park district is intended to provide basic and uniform regulations and performance objectives to establish reasonable standards and safeguards and ensure the safety and health and welfare of the occupants and users of manufactured homes. Manufactured home park districts shall not have a density of more than ten dwelling units per acre.

B.

Permitted uses. The following are the only permitted uses within the MH manufactured home park district and are subject only to the general conditions of this section and such other sections as are applicable:

Manufactured Home Parks.

(1)

General conditions. Manufactured home area requirements:

(a)

Minimum park size: Every park within this zoning district shall be at least three acres in area.

(b)

Minimum park width: Every park within this zoning district shall be at least 250 feet in width at all points.

(c)

Minimum park depth: Every park within this zoning district shall be at least 250 feet in depth.

(d)

Maximum coverage: No more than 30 percent of the total park area shall be covered by buildings, or manufactured homes.

(e)

Open space: In addition to paved parking and driving areas, at least ten percent of the park shall be maintained in landscaped open area.

(f)

Recreation space: In addition to the required open space, at least ten percent of the total developed area shall be maintained in minimum recreation space.

(g)

Height restrictions: No building shall exceed 35 feet in height.

(h)

Accessory buildings:

(1)

There shall be storage facilities which shall not be within any required yard with a minimum capacity of 200 cubic feet per manufactured home space. These shall be provided for each space or in compounds located within 100 feet of each space. Wherever provided, storage facilities shall be constructed of noncombustible materials.

(2)

Additional accessory buildings, including office for the park, community facilities, house for owner or manager, not exceeding ten percent of the park area shall be permitted behind any building line; provided, however, such accessory buildings shall be solely for the convenience and necessity of the inhabitants of the park.

(i)

[Reserved.]

(j)

Minimum dwelling unit size: Every dwelling unit in this district shall have a floor area of at least 600 square feet.

(2)

Special requirements. Manufactured home space requirements:

(a)

Minimum size: Every manufactured home space within this zoning district shall be at least 3,500 square feet in area.

(b)

Minimum width: Every manufactured home space within this zoning district shall be at least 40 feet in width at all points.

(c)

Minimum depth: Every manufactured home space within this zoning district shall be at least 80 feet in depth.

(d)

Manufactured home yards: The manufactured home may be placed anywhere on the space so long as the minimum separation from another manufactured home space is maintained. The minimum separation requirements are:

(1)

Ten feet from any adjoining manufactured home space;

(2)

Twenty-five feet from any adjacent interior private street.

(e)

Access: There shall be provided a minimum of two parking spaces per manufactured home space, no portion of which shall be any closer than ten feet to adjacent lot lines. No manufactured home space shall have direct access to a public street. Each manufactured home space shall have direct access to an internal private street. Internal private streets shall be provided to allow access to public streets to allow for the rapid and safe movement of vehicles used for emergency purposes of providing health and public safety services. Each emergency access or internal street shall have a clear unobstructed width of 24 feet and shall have a turnaround of 80 feet diameter, and corners of intersection streets shall have sufficient turning area to permit free movement of emergency vehicles.

(f)

Improvements:

(1)

Paving: Each manufactured home space shall have a five-inch thick concrete pad for the purpose of placing the manufactured home and shall be of at least the same length and width of the manufactured home placed upon it.

(2)

Sanitary facilities: Each manufactured home space shall contain underground water and sewer connections to the city water system. Each manufactured home space shall be provided with containers for the collection and disposal of trash, garbage and other refuse.

(3)

Anchoring devices: Each manufactured home space shall be provided with tie-down anchors as provided by state and federal regulations.

(4)

Utilities: All utility service shall be underground.

(5)

Skirting: From the date of enactment of this ordinance, it shall be unlawful for any person to rent, offer for rent, occupy or maintain a manufactured home upon any private lot, or within any mobile home park within the city limits of the City of Hewitt unless or until said manufactured home is skirted with material consistence with the siding of the home and anchored according to the provisions of this ordinance.

(3)

Manufactured homes restricted to manufactured home parks.

(a)

Except as otherwise provided for under the zoning ordinance, it shall be unlawful for any person to occupy any recreational vehicle, travel trailer or manufactured home within the city, which is not then and there within an area zoned as a manufactured home park.

2.107.1 Nonconforming Mobile Home Parks.

(A)

Within the city there may exist mobile home parks as of the date of adoption of the ordinance codified in this chapter, or amendments thereto which were lawful before the effective date of applicable regulations, but which would otherwise be prohibited, regulated or restricted under this chapter. Such existing nonconforming parks are permitted to continue subject to the provisions of this section, but shall not be expanded except in accordance with this chapter.

(B)

Nothing in this chapter shall require the relocation or removal of mobile home parks existing or at the time of adoption of the ordinance codified in this chapter if such use was lawful at the time of its construction. No mobile home park shall be constructed or operated except in accordance with these regulations, except to the extent it was in existence or under actual construction as of the effective date of the ordinance codified in this chapter or amendment thereto. "Actual construction" is defined as the substantial placement of construction materials and performance of labor for construction of facilities which cannot reasonably be used except in a manner which does not conform with these regulations.

(C)

Mobile home parks under construction or in existence as of the date of the ordinance codified in this chapter shall apply for, and may obtain approval of, the mobile home park within 120 days of the effective date of the ordinance codified in this chapter. The community development director shall grant approval of the mobile home park if it complies with the requirements of this chapter, excepting only those facilities and improvements which were under construction or in existence prior to the effective date of the respective regulation. The mobile home park shall meet all other requirements of this chapter which are not in conflict with the pre-existing use or construction.

(D)

No existing mobile home park shall be expanded in area or in number of dwelling units permitted unless the area of expansion meets the requirements of this chapter. No area of a mobile home park which is abandoned shall be used as a mobile home park unless it meets the requirements of this chapter. "Abandonment" is defined as a discontinuation of use of a mobile home park or a discrete portion or parcel thereof, or the failure to complete construction and begin use, for a continuous period of more than one year. If abandoned, the land shall not thereafter be used except in conformity with the requirements of this chapter.

(E)

Minimum yards: Minimum yard setbacks for individual spaces in existing mobile home parks shall be five (5) feet on all sides, except for any side or rear yard abutting.

2.108. C-OD Commercial office district

A.

Purpose of district. The office district is intended to permit areas of limited low intensity professional office uses having similar land use controls to the R-1 district.

B.

Land use. The following are the only permitted uses within the office district and subject only to the general conditions of this section and such other sections as are applicable:

(1)

Professional offices and any other office not requiring the display or inventor of merchandise;

(2)

Libraries, parks and playgrounds, churches, elementary and junior high schools, educational institutions offering programs equivalent to public school grades;

(3)

Public buildings including fire stations, municipal building and city halls;

(4)

Water wells, water storage and pumping facilities;

(5)

Existing residential uses;

C.

General conditions.

(1)

Area requirements:

(a)

Minimum lot size: Every lot within the zoning district shall be at least 8,800 square feet in area;

(b)

Minimum lot width and depth: Every lot within this zoning district shall be at least 80 feet in width, measured at the front building line and at least 110 feet in depth;

(c)

Maximum coverage: No more than 40 percent of the total lot area shall be covered by buildings.

(2)

Outdoor activities or uses: No outdoor activities or uses shall be permitted in the district other than accessory parking and the servicing of refuse containers.

(3)

Yard requirements:

(a)

Every lot within this district shall have front and rear yards of at least 25 feet;

(b)

Every lot within this district shall have side yards of at least ten feet.

(4)

Height restrictions: No building shall exceed 35 feet in height.

(5)

Fences and screening: Fences and screening as set forth in section 9.103 shall be provided and maintained.

(6)

Parking and loading: One space per 200 feet of floor area.

(7)

Signs: Same as C-1.

(8)

Building material and appearance:

(a)

All building shall have exterior walls of not less than 75 percent masonry surface.

(b)

The area of window and door openings along each exterior wall shall not exceed 50 percent of the area of such exterior wall;

(c)

Roof designs shall be hip or gable type with a minimum of a 4-to-12 pitch;

(d)

Construction materials to be used shall be similar to those actually in use in the residential structures; and

(e)

Placements of doors and windows will not create adverse effects on adjoining properties by reason of interior lighting, pedestrian flow reflection of sunlight or heat or noise.

(9)

Refuse facilities: All refuse and refuse containers shall be screened from view of all adjacent public streets.

(10)

Hours of operation: No use within this district shall be open to the public except during the hours of 6 a.m. to 10 p.m.; provided, however, this limitation shall not applicable to fire stations or other essential municipal services.

(11)

[Landscaped open area:] In addition to paved parking and driving areas, at least 20 percent of the lot shall be maintained in landscaped open area.

2.109. C-1 restricted commercial district.

The regulations set forth in this section, or as set forth elsewhere in this ordinance when referred to in this section, are the regulations of the "C-1 restricted commercial district."

Purpose and intent. The purpose and intent of the "C-1 restricted commercial district" is to provide for compatible land, building and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers; select low intensity office uses; and select community facility uses. The locational characteristics of this district are generally confined to limited intersection locations of collector streets and thoroughfare streets; within residential "planned unit development" projects; and as a transition district between residential districts and higher intensity commercial and industrial districts. In the C-1 districts:

A.

Uses.

1.

Banks and other financial institutions.

2.

Barber and beauty shops.

3.

Business or professional offices.

4.

Churches, convents, parish houses.

5.

Commercial or private schools.

6.

Convalescent or rest homes.

7.

Dressmaking, millinery, tailor shops, shoe repair shops and similar shops.

8.

Existing residential dwelling units used as such on the effective date of this ordinance.

9.

Hospitals other than veterinary.

10.

Nursery, kindergarten and other special schools.

11.

Public office buildings used by schools, city, county, state or federal governments.

12.

Public and private schools

13.

Religious, educational and philanthropic institutions, but not animal care.

14.

Retail bakery shop.

15.

Retail candy shop.

16.

Retail sales, excluding automobiles, trucks, motorcycles, farm machinery, construction machinery and equipment, building materials and agricultural and farm supplies, and subject to the following conditions:

(a)

That all uses or activities be conducted wholly within an enclosed building.

(b)

That yards be not used for display, sale, or storage of merchandise, for service to customers, or for the storage of vehicles, equipment, containers or waste materials.

(c)

That all merchandise be firsthand and be sold at retail on the premises except merchandise considered to be antiques.

(d)

That such use be not objectionable because of odor, excessive light, vapor, dust, steam or other airborne material, pollutants, presence of vermin or rodents, or similar nuisances.

17.

Studies [studios] of artists and photographers.

18.

Telephone exchange.

B.

[C-1 district regulations.]

1.

All structures, except accessory buildings, shall face a major street.

2.

Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet. All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.

3.

No structure or part of a structure shall have in excess of 20 percent of the floor area of the structure used for storage or warehousing; all articles, merchandise, or commodities stored upon a premises shall be sold at retail or fabricated upon the premises.

4.

For any newly constructed building or any remodeling or structural changes on an existing building exceeding 75 percent of its fair market value, in addition to paved parking and driving areas, at least ten percent of the lot in front of the building line shall be maintained in landscaped open areas. If all of a portion of the parkway is maintained in landscaped open area, such landscaped portion will reduce the amount of landscaped area on the lot at the rate of two square feet of landscaped parkway area for each required one square foot of landscaping on the lot.

5.

All metal buildings shall meet the following minimum requirements:

(a)

The exterior shall be of baked enamel;

(b)

For any newly constructed building or any remodeling or structural changes on an existing building exceeding 50 percent of its fair market value, 75 percent, excluding doors and windows, of each exterior wall shall be covered with a material other than metal; and

(c)

The building shall comply with all zoning and construction codes of the city.

2.110. C-2 general commercial district.

A.

Purpose. The C-2 district is established to accommodate those uses that are of citywide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the C-1 restricted commercial district.

B.

Generally.

(1)

All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings except as otherwise provided. No inoperative motor vehicle shall be permitted outside the business building.

(2)

No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building except for incidental display of sale or seasonal retail items and such incidental display shall be permitted only if it occupies no more than five percent of the total lot area.

(3)

Accessory off-street parking is required for C-2 districts.

(4)

Before a parcel of land which abuts a controlled access highway is zoned as a C-2 district, the city council shall determine whether or not the public welfare requires the present or future establishment of a public service street is required [sic], the same shall be placed on the official map.

(5)

For any newly constructed building or any remodeling or structural changes on [an] existing building exceeding 75 percent of its fair market value, in addition to paved parking and driving areas, at least five percent of the lot, in front of the building line, shall be maintained in landscaped open area. If all of a portion of the parkway is maintained in landscaped open area, such landscaped portion will reduce the amount of landscaped area on the lot at the rate of two square feet of landscaped parkway area for each required one square foot of landscaping on the lot.

(6)

All metal buildings shall meet the following minimum requirements:

(a)

The exterior shall be of baked enamel.

(b)

For any newly constructed building or any remodeling or structural changes on an existing building exceeding 50 percent of its fair market value, 75 percent, excluding doors and windows, of each exterior wall shall be covered with a material other than metal.

(c)

The building shall comply with all zoning and construction codes of the city.

C.

Uses permitted.

(1)

Any use permitted in the C-1 district;

(2)

Auction rooms;

(3)

Auto body operations;

(4)

Automobile accessory stores;

(5)

Automobile service facilities;

(6)

Automobile washes;

(7)

Blueprinting and photostating establishments;

(8)

Bus passenger station;

(9)

Business machine sales and service establishments;

(10)

Carpet and rug stores;

(11)

Catering establishments;

(12)

Cleaning and dyeing facilities;

(13)

Commercial recreation uses, including bowling alleys, arcades, golf driving range, gymnasiums, miniature golf courses, pool halls, swimming pools and skating rinks;

(14)

Department stores;

(15)

Drive-in eating establishments;

(16)

Dry goods stores;

(17)

Employment agencies;

(18)

Existing residential dwelling units and lodging uses as such on the effective date of this ordinance;

(19)

Exterminating shops;

(20)

Floor covering, sales and installation;

(21)

Fraternal, philanthropic and eleemosynary uses;

(22)

Furniture shops;

(23)

Furrier shops, including the incidental storage and conditioning of furs;

(24)

Hotels, apartment hotels and motels;

(24.1)

Hospitals, sanitariums, nursing homes and personal care centers;

(25)

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use;

(26)

Laboratories for research development and testing;

(27)

Laundries;

(28)

Leather goods and luggage stores;

(29)

Loan offices;

(30)

Locksmith shops;

(31)

Meat markets, including sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when such sale is conducted as part of the retail business on the premises;

(32)

Mortuaries;

(33)

Musical instruments sales and repair;

(34)

Office supply stores;

(35)

Orthopedic and medical appliance and supply stores;

(36)

Other retail and wholesale sales, rental and service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any of the following uses:

(a)

Any use permitted only in the M industrial district;

(b)

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(37)

Paint and wallpaper stores;

(38)

Painters and plumbers shops;

(39)

Pawnshops;

(40)

Phonograph, record, sound equipment and sheet music stores;

(41)

Physical culture and health services and reducing salons;

(42)

Printer;

(43)

Repair and storage garages;

(44)

Restaurants;

(45)

Sanitariums;

(46)

Schools for music, dance, business or trade;

(47)

Sewing machine sales and service, household appliances only;

(48)

Sporting goods stores;

(49)

Spray-painting operations;

(50)

Taxidermists;

(51)

Telegraph offices;

(52)

Theaters, lodges, assembly halls, auditoriums, clubs;

(53)

Ticket agencies, amusement;

(54)

Tire repair shops;

(55)

Travel bureaus and transportation ticket offices;

(56)

Upholstery shops;

(57)

Water softener sales and service;

(58)

Vehicle service centers;

(59)

Veterinary services for the care and temporary boarding, within an enclosed building, of domestic household pets;

(60)

The assembly of goods from previously processed or fabricated materials and the warehousing of these goods. Such uses shall be in conjunction with permitted commercial sales and service uses, shall be conducted wholly within a building, and there shall be no storage of hazardous materials. Such uses shall not emit any vibration, noise, dust, glare, heat, smoke or odor which is detectable beyond the lot on which the use is located;

(61)

Ministorage facilities;

(62)

Storage of rental trucks and trailers, except that vehicles or equipment shall not be parked within the public right-of-way.

2.111. C-O outdoor commercial district.

[A.]

Purpose of district. The C-O outdoor commercial district is intended to permit a wide variety of businesses characterized by those uses that require an extensive amount of land for the conduct of business. Uses permitted in the C-O districts shall include uses permitted in the C-1 and C-2 districts and such uses when the use entails outdoor facilities or display or sale of items for sale outside of a building, in excess of five percent of the total lot area. In the C-O district, the following regulations shall apply:

[1.]

Screening and fencing. Screening and fencing shall be provided subject to the general requirements set forth in this ordinance.

[2.]

Parking and loading.

Parking and loading shall be subject to the general requirements of section 8 of this ordinance.

In addition to paved parking and driving areas, at least ten percent of the lot, in front of the building line, shall be maintained in landscaped open area. If all of a portion of the parkway is maintained in landscaped open area, such landscaped portion will reduce the amount of landscaped area on the lot at the rate of two square feet of landscaped parkway area for each required one square foot of landscaping on the lot.

No inoperative equipment or vehicle shall be stored or parked in a required yard. Any parking or storage spaces for such equipment or vehicles adjacent to an exterior yard or visible from an exterior yard shall be screened by a solid wall or fence not less than six feet in height at the building line.

[3.

Metal buildings.] All metal buildings shall meet the following minimum requirements:

(a)

The exterior shall be of baked enamel.

(b)

For any newly constructed building or any remodeling or structural changes on an existing building exceeding 50 percent of its fair market value, 75 percent, excluding doors and windows, of the front and any side facing a street shall be covered with a material other than metal. Fifty percent excluding doors and windows, of all other sides shall be covered with a material other than metal.

(c)

The building shall comply with all zoning and construction codes of the city.

2.112. P-C district.

A.

Purpose of district. The P-C district is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, reduce the demands on community facilities and to create larger areas of open space than that generated under normal district controls.

B.

Land use.

1.

All uses permitted in the C districts, but plans for such uses shall comply with section 2.114 of this ordinance.

2.113. M industrial districts.

A.

Permitted uses.

1.

Any use permitted in C-2 or C-O districts, excluding those uses specifically stated as C-1 uses.

2.

Warehouses, ministorage.

3.

Display rooms.

4.

Manufacturing, fabricating.

5.

Assembly and miscellaneous processing of goods.

6.

Wholesale distributors and retail sales of products made on the premises, or items incidental or related to those products.

7.

Public buildings used by schools, city, county, state or federal governments.

8.

Truck or bus terminal.

9.

Garage, public, private or repair.

10.

Agricultural and/or livestock buildings of less than 400 square feet located on a tract of land not less than five acres.

B.

[Prohibited industrial uses.] The following industrial uses are not permitted:

1.

Any manufacturing or industrial use that is obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or pollutants to the air, water, or land, or which will be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare.

2.

Distillation of bones.

3.

Explosive manufacturing or storage.

4.

Fat rendering.

5.

Garbage offal, or dead animal incineration, reduction or dumping.

6.

Junkyards.

7.

Petroleum refinery.

8.

Animal slaughter and dressing.

9.

Stockyards.

10.

Wholesale storage of gasoline or other petroleum products above ground in carload lots or more.

11.

Commercial stables.

12.

Drilling or mining of geologic resources.

C.

[Written authorization required for certain industrial uses.] The following industrial uses are not permitted except by written authorization of city council in accordance with [the] development plan following guidelines of section 2.113:

1.

Feed and grain elevators and processing;

2.

Food and beverage:

a.

Canning;

b.

Processing;

c.

Manufacturing;

d.

Bottling; and

3.

Automobile wrecking yards or towing service facilities.

2.113.1. BP Business Park District.

Purpose of district: The purpose of the BP Business Park District is to provide a unique zone incorporating commercial and industrial uses into one district with quality architectural and landscape design development standards. The BP Business Park District differs from other districts by allowing a mixture of compatible commercial and industrial land uses with limitation of associated outside uses.

A.

[Generally.] The BP Business Park District is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, and to reduce the demands on community facilities.

B.

Minimum land area for the creation of BP Business Park District: 60 acres of combined area.

C.

Street frontage: The combined acreage creating the BP Business Park district shall have a minimum frontage of no less than 1,000 feet on an existing arterial which must be a state or federal highway. Additionally, an internal street system must be created to adequately handle all projected development traffic.

D.

Design: Areas to be designated as BP Business Park district shall at a minimum have a conceptual master plan provided by the developer and must include "Protective Covenants" that control uses and building design within the development itself. Future building design and land use shall substantially conform to the current "Protective Covenants".

E.

Land use:

1.

All uses permitted in C-1, C-2, C-O and M districts are permitted (by right) anywhere within the BP Business Park district so long as they comply with the underlying "Protective Covenants" imposed by the developer. Other uses may be permitted only with the express consent and approval of the city.

2.

Unless otherwise specifically approved by the city, the permitted uses in an area designated as a BP Business Park district shall conform to the regulations prescribed for said permitted use in other parts of this chapter.

3.

Industrial uses as long as such uses are not obnoxious or offensive because of odor, smoke, gas, dust, pollutants to air, water or land, noise, vibrations, presence of vermin or rodents, keeping of livestock, or similar nuisances.

F.

Existing developments: An existing, master-planned development may be "grandfathered" into a BP Business Park zoning at the request of the developer.

2.114. M-P districts.

Purpose of district. The M-P district is intended to be used in combination with other districts to permit grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, reduce the demands on community facilities and to create larger areas of open space than that generated under normal district controls.

A.

Land use.

1.

All uses permitted in M districts, but plans for such shall comply with section 2.114 of this ordinance.

2.

Industrial uses as long as such uses are not obnoxious or offensive because of odor, smoke, gas, dust, pollutants to air, water or land, noise, vibrations, presence of vermin or rodents or similar nuisances.

2.115. Special regulations are made for the planned districts.

A.

[Generally.] The PD planned development district is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, reduce the demands on community facilities and to create larger areas of open space than that generated under normal district controls.

B.

Effects of PD classification. Property may be classified under the PD planned development district only in combination with another district and shall be so designated by the letter PD affixed to the code letters of the base district. When the PD designation is so affixed to another base district, and a site plan has been approved therefore, development may proceed in accordance with the provisions of this section.

C.

General regulations.

1.

Area requirements. The PD district shall have at least three acres for a nonresidential purpose and at least five acres in use for residential purposes. The fact that such property may be platted into smaller lots shall not relieve the owner thereof of such area minimums.

2.

SPUD area requirement. Notwithstanding the foregoing area limitations, those nonconforming uses existing at the time this ordinance becomes effective may be rezoned special planned unit development, such designation to be combined with the basic zoning district as herein designated for such property. Such rezoning shall follow all the procedural requirements as set forth herein, but unless the property meets the area requirements for ordinary planned development zoning, SPUD zoning uses shall be restricted to the same use as is presently conducted on the property. In no event shall SPUD zoning authorize a use which would not be allowed for ordinary PD zoning for such district. Vacant property shall not be eligible for SPUD zoning.

3.

Maximum coverage. Unless limited to a lower percentage by the base district or the site plan adopted by ordinance, no more than 50 percent of the total area shall be covered by primary or accessory buildings.

4.

Yard requirements. In PD districts combined with residential districts, the applicable yard requirements for the residential districts apply only to the total site or to the platted blocks within the site.

5.

Height limitations. No building in a PD district shall exceed 125 feet in height or such lower limit as shall be stated by the site plan of the ordinance approving such site plan.

6.

Utilities. All utility services shall be underground.

D.

Site plan requirements. A site plan approved by the council shall be a prerequisite to issuance of building permits and certificates of occupancy for any property in the district. A site plan approval request shall be heard concurrent with a zoning change request.

1.

Conceptual site plan. Prior to consideration of any site plan of a part of a larger tract under the same ownership which has been previously designated PD planned development, a conceptual site drawing shall also accompany any request for PD zoning not accompanied by a final site plan. The conceptual site drawing, as may be amended and approved by the council, shall become a part of such zone change and subsequent site plans shall conform thereto. Such conceptual site drawing shall contain at least the following:

(a)

A scaled drawing in which not less than one inch is 100 feet, showing dimensional boundaries of the property, the location and widths of streets and highways adjacent to and on the property, and any other easements thereon or adjacent thereto;

(b)

Elevation contours of at least ten-foot intervals;

(c)

General location and description of existing utility services, including size of water and sewer mains;

(d)

Existing improvements proposed to be retained when the property is developed;

(e)

Undimensioned location and approximate size of proposed buildings;

(f)

Undimensioned drawings showing proposed access points, general location of parking and points of access;

(g)

All proposed uses and their location on the drawing;

(h)

Identifiable watercourses and low areas;

(i)

Proposed maximum height of buildings;

(j)

Proposed landscaped areas;

(k)

Height and elevation of all buildings.

2.

Site plan approval. A request for a site plan approval shall be processed in accordance with the same review and hearing procedure as a proposal for a zoning district change.

3.

Modification of site plan. The commission may recommend and the council may require such modification of a conceptual site plan or a site plan as will permit the proposed project to exist harmoniously with existing and anticipated development of surrounding areas.

4.

Amendments. All site plans approved hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements as any other site plan would require for original approval.

E.

Site plan information. Every application for approval of a site plan under the terms of this district shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facilities, and what protection features are included to ensure that the development will be compatible with existing and allowable development on adjacent property. The site plan shall show at least the following items of information:

1.

The land area included with the site, the land area of all abutting sites and the zoning classification thereof, all public and private rights-of-way and easements bounding and intersecting the site and the abutting sites which are proposed to be continued, created, relocated and/or abandoned;

2.

The proposed finished grade of the site, shown to contour intervals of not to exceed two feet;

3.

A description of the proposed site and the boundaries thereof;

4.

The location of each existing and each proposed structure on the site, the general category of use or uses to be contained therein, the number of stories, gross floor area, and the location of entrances and exits to buildings;

5.

The location of all on-site facilities for liquid and solid waste disposal;

6.

The location and width of all curb cuts and driving lanes;

7.

The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same;

8.

All pedestrian walks, malls and open areas for use by tenants or the public;

9.

The location and height of all walls, fences and screen planting, and landscaping;

10.

The location, size, height and orientation of all signs;

11.

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations;

12.

The location of fire hydrants;

13.

Drainage plans and information as may be available to show that the development will not be adversely affected by flooding action;

14.

Front building elevation sketch.

F.

Public hearings required.

1.

The planning and zoning commission shall conduct a public hearing, study and investigate the plan, and shall submit their recommendation to the council thereon within the 45 days after the submission of such plan to the planning and zoning commission.

2.

The planning and zoning commission shall make a report and recommendation on the following:

(a)

Whether or not the plan complies with the regulations of this ordinance and all amendments thereto.

(b)

Whether or not the plan is in the best interest of the city.

3.

The council, after reviewing the report and recommendations of the planning and zoning commission shall hold a public hearing following the procedures outlined in section [part] 11 of this ordinance. After the public hearing, the council may approve the plan with modifications if any or may reject the plan in its entirety. If the application and plans are approved with modifications and only upon receipt of the applicant's written consent to such modifications shall the plans be deemed approved.

4.

Buildings may be erected and occupied and land may be used only in accordance with approved plans.

5.

If the plans are disapproved, they may be revised and resubmitted following the same procedure as outlined for new plans.

6.

The council, after giving notice as provided in this chapter [sic] for holding a public hearing, may revoke its approval of the PD plan and may adopt a new zoning classification for the area of the PD if substantial construction has not been started within one year of its approval.

7.

The applicant may request an extension of the approval time by following the same procedure as outlined for amendments to the zoning ordinance.

8.

Any application for approval of plans, amendments to plans or extension of approval time shall be accompanied by a fee of $100.00 per application.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 2006-04-03, §§ 4—10, 4-3-06; Ord. No. 2009-07-20-1, § 2, 7-20-09; Ord. No. 2010-02-15-1, § 1, 2-15-10; Ord. No. 2012-04-02-1, § 2, 4-20-12; Ord. No. 2016-10-17-1, § 1, 10-17-16; Ord. No. 2016-08-15-2, § 1, 8-15-16)