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Hinckley City Zoning Code

DISTRICT REGULATIONS

§ 155.020 ESTABLISHMENT OF DISTRICTS AND MAPS.

   (A)   Zoning map. The zoning map adopted by the city, a copy of which is on file with the city’s Clerk- Administrator, is hereby incorporated herein and made a part hereof. The map and all notations, references and other information shown thereon shall be as much a part of the chapter as if the matters and information set forth by such map were all fully described herein.
   (B)   Zoning districts. The districts hereby established are each separate and distinct with no district determined to be of a higher or a lower class. The established districts are listed as follows:
   A, Agricultural District
   C, Conservation District
   CBD, Central Business District
   GBD, General Business District
   I, Industrial District
   PUD, Planned Unit Development
   R-1, One-Family Dwelling District
   R-2, One- and Two-Family Dwelling District
   R-3, Limited Multiple-Dwelling District
   R-4, Residential Manufactured Housing District
   RB, Residential Business
   S, Shoreland District (as shown on 1987 Flood Insurance Rate Map)
 
(Prior Code, § 155.20) (Ord. 560, passed 6-6-1978)

§ 155.021 DISTRICTS FOR ANNEXED AREAS AND UNZONED AREAS.

   (A)   Annexed areas. Area hereinafter annexed to the city shall be in the R-1, One-Family Dwelling District, until placed wholly or partly in another district by amendment to this chapter as provided for herein.
   (B)   Public/semi-public.
      (1)   Areas not included in any district shall be considered reserved for public, institutional or necessary and appropriate uses as determined by the Zoning Administrator.
      (2)   The front, side and rear yard requirements in this district will be determined on a case basis by the Zoning Administrator.
      (3)   Site plans must be reviewed by the Zoning Administrator prior to issuance of building permits.
(Prior Code, § 155.21) (Ord. 560, passed 6-6-1978; Ord. passed 4-6-2000)

§ 155.022 DISTRICT BOUNDARIES.

   (A)   Boundaries indicated as approximately following the centerlines of streets, highways, alleys or railroad lines shall be construed to follow such centerlines.
   (B)   Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
   (C)   Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines.
   (D)   Boundaries indicated as approximately following the city limits shall be construed as following such city limits.
   (E)   Where a district boundary line divides a lot which was in a single ownership at the time of passage of this chapter, the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot may be interpreted by the Zoning Administrator upon request of the owner.
(Prior Code, § 155.22) (Ord. 560, passed 6-6-1978)

§ 155.023 DISTRICT REGULATIONS GENERALLY.

   (A)   The regulations of this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure of land, and particularly except as hereinafter provided.
   (B)   No buildings, structure or land shall hereafter be used or occupied, and no building structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
   (C)   No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy greater percentage of lot area, to have narrower or smaller rear yards, front yard, side yards or other open spaces, than herein required, or in any other manner contrary to the provision of this chapter.
   (D)   No part of a yard, or other open space, or off-street parking required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
   (E)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
   (F)   If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, the living quarters, living area or other real property straddles or otherwise is placed on more than one parcel, or if one or more of the lots is less than 50 feet in width (as measured at the front setback), the property owner must merge the contiguous lots or parcels of land such that the living quarters, living area or other real property is placed on one singular parcel, or in the case of a substandard lot width, the remaining lot(s) or parcel(s) of land are in compliance with the yard width requirements of this code. Upon notification from the city, the property owner has 30 days from the date the letter was received to comply with this section. Failure to comply within the allotted time period will constitute a waiver of challenge by the property owner to the city’s subsequent application with the county for merger and/or subdivision of the parcels in accordance with this section.
(Prior Code, § 155.23) (Ord. 560, passed 6-6-1978; Ord. 604, passed 9-5-2000) Penalty, see § 155.999

§ 155.024 R-1 ONE-FAMILY DWELLING DISTRICT.

   (A)   Purpose. This district is intended to establish an area of low density residential uses.
   (B)   Special requirements. Conversion of any use to other than a permitted or conditional use is prohibited unless that use is determined to be in compliance with the spirit and intent of the chapter.
   (C)   Permitted uses. The following are permitted uses:
      (1)   One-family dwellings;
      (2)   Golf courses, country clubs, tennis courts, swimming pools and additional private and private-club recreational uses, all non-commercial;
      (3)   Churches, parish houses, convents, child nurseries; and
      (4)   Public buildings and uses of the following kind: elementary and secondary schools (public and private), parks, playgrounds, libraries, museums, community centers.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Air navigation facilities, cemetery, crematory, mausoleum, government, public utilities and public service uses, hospitals, sanitariums, homes for the aged and similar institutions and institutions of an educational, philanthropic or charitable nature when required for the public health, safety or welfare;
      (2)   Automobile parking lots when required for off-street parking spaces for any use not more than 500 feet distant therefrom;
      (3)   The extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot is in more than one district;
      (4)   Public buildings and public uses including multiple public housing units, temporary and permanent;
      (5)   Apartments within existing single-family dwellings;
      (6)   Planned unit developments; and
      (7)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
   (E)   Accessory uses. The following uses may be permitted:
      (1)   Accessory uses incidental to and on the same zoning lot as the principal use are allowed (for example, swimming pools, fallout shelters, conservatories);
      (2)   Accessory uses shall not be located in any required side yard;
      (3)   Accessory buildings are permitted in any rear yard. Accessory buildings shall not be erected within three feet of any lot boundary or alley; and
      (4)   Home occupations. Any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes and subject to the following requirements.
         (a)   No manufacturing business shall be allowed.
         (b)   Only members of the family occupying the premises and one person outside the family, acting as an aid, shall carry on the home occupation.
         (c)   No mechanical or electric equipment not customarily found in a home shall be employed, installed or maintained.
         (d)   No interior or exterior alterations shall be permitted and no construction features shall be permitted which are not customarily found in a dwelling.
         (e)   There shall be no exterior display, no exterior sign, except as permitted for a dwelling unit in the district, and no other exterior indication of the home occupation.
         (f)   There shall be no exterior storage of equipment or materials used in the occupation.
         (g)   The home occupation must be conducted entirely within a building.
         (h)   No truck or similar vehicle used in conjunction with a home occupation shall be parked unhoused upon a residential lot.
         (i)    Offices, clinics, doctors’ offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, tea rooms, restaurants, tourist homes, animal hospitals and kennels, music and dance schools, among others, shall require conditional use permits.
         (j)   Such occupations as architects, artists, writers, clergy, lawyers, teachers, dressmaking and similar domestic crafts shall be permitted.
   (F)   Minimum lot size.
      (1)   Lot area of not less than 11,250 square feet for a dwelling unit is required.
      (2)   Lot width of not less than 75 feet is required.
   (G)   Front, side and rear yard requirements.
      (1)   Front yards: a front yard of not less than 30 feet is required. Unenclosed decks are subject to a 25-foot setback.
      (2)   Side yards: two side yards required, each with a width of not less than seven and one-half feet.
      (3)   Rear yards: a rear yard with a depth of not less than 30 feet is required. Unenclosed decks are subject to a ten-foot setback.
   (H)   Maximum ground coverage. No more than 33% of lot shall be covered by main and all accessory buildings.
   (I)   Maximum building heights. Building heights permitted are two and one-half stories, but not exceeding 35 feet. Accessory buildings shall not exceed one and one-half stories or 18 feet in height.
   (J)   Minimum ground floor area. Minimum ground floor area shall be 960 square feet for a three bedroom, single-family dwelling unit and 860 square feet for a two-bedroom single-family dwelling unit. Houses having one and one-half or more stories shall have at least 720 square feet on the main floor.
   (K)   Existing 50-foot lots. No building permit will be issued unless development exists on both sides of proposed lot. Existing 50-foot lots on subdivision plats recorded prior to this chapter will be considered for development on a case-by-case basis by the Planning Commission.
(Prior Code, § 155.24) (Ord. 560, passed 6-6-1978; Ord. 599, passed 6-6-2000; Ord. 613, passed 3-6-2002; Ord. 630, passed 12-7-2004)

§ 155.025 R-2 ONE- AND TWO-FAMILY DWELLING DISTRICTS.

   (A)   Purpose. This district is intended to establish an area of medium density residential uses.
   (B)   Special requirements. Dwellings may be converted to one bedroom apartments at the ratio of one for each 600 square feet of floor area in each dwelling before conversion, exclusive of basement. Conversion to any use other than a permitted or conditional use is prohibited, unless that use is determined to be in compliance with the spirit and intent of this chapter.
   (C)   Permitted uses. The following are permitted uses:
      (1)   One-family dwellings;
      (2)   Non-commercial gardening;
      (3)   Golf courses, country clubs, tennis courts, swimming pools and additional private and private-club recreational uses, all non-commercial;
      (4)   Churches, parish houses, convents, child nurseries;
      (5)   Public buildings and uses of the following kinds: elementary and secondary schools (public), parks, playgrounds, libraries, museums, community centers; and
      (6)   Two-family dwellings if on lots of such areas and widths as hereinafter required.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery, crematory, mausoleum, government, public utility and public service uses, hospitals, sanitariums, homes for the aged and similar institutions and institutions of an educational, philanthropic or charitable nature when required for the public health and safety or welfare;
      (2)   Automobile parking lots when required for off-street parking spaces for any use not more than 500 feet distant therefrom;
      (3)   Planned unit development;
      (4)   The extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot is in more than one district;
      (5)   Public buildings and public uses including public housing, temporary and permanent;
      (6)   Apartments within existing single-family dwellings;
      (7)   Home occupation consistent with § 155.024(E)(4) of this chapter;
      (8)   Manufactured home parks as regulated by § 155.027 of this chapter; and
      (9)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
   (E)   Accessory uses.
      (1)   Accessory uses incidental to and on the same zoning lot as the principal use are allowed.
      (2)   Accessory uses shall not be located in any required side yard.
      (3)   Accessory buildings are permitted in any rear yard. Accessory buildings shall not be erected within three feet of any lot boundary or alley.
   (F)   Minimum lot size.
      (1)   Lot area required is not less than 11,250 square feet for a one-family dwelling. Not less than 11,250 square feet for two-family dwelling lot.
      (2)   Lot width required is not less than 75 feet.
   (G)   Front, side and rear yard requirements.
      (1)   Front yards: a front yard of not less than 30 feet is required. Unenclosed decks are subject to a 25-foot setback.
      (2)   Side yards: two side yards required, each with a width of not less than seven and one-half feet. Not less than seven and one-half feet each permitted or more than 30 feet each required for any other kind of main building.
      (3)   Rear yards: a rear yard with a depth of not less than 30 feet is required, with not less than 30 feet permitted or more than 75 feet required for any kind of main building. Unenclosed decks are subject to a ten-foot setback.
   (H)   Maximum ground coverage. Not more than 33% of lot shall be covered by main and all accessory buildings.
   (I)   Minimum ground floor areas. Two-family dwellings must have at least 860 square feet for a three-bedroom unit and 720 square feet for a two- bedroom unit.
   (J)   Maximum building heights. Building heights permitted are two and one-half stories, but not exceeding 35 feet. Accessory buildings shall not exceed one and one-half stories or 18 feet in height.
(Prior Code, § 155.25) (Ord. 560, passed 6-6-1978; Ord. 599, passed 6-6-2000; Ord. 602, passed 6-6-2000; Ord. 613, passed 3-6-2002; Ord. 630, passed 12-7-2004)

§ 155.026 R-3 MULTIPLE-DWELLING DISTRICTS.

   (A)   Purpose. This district is intended to establish an area of high density residential uses.
   (B)   Special requirements. Conversion of any dwelling shall be in accordance with the state’s Uniform Building Codes, especially in relationship to minimum floor area required.
   (C)   Permitted uses. The following are permitted uses:
      (1)   One-family dwellings;
      (2)   Non-commercial gardening;
      (3)   Golf courses, country clubs, tennis courts, swimming pools and additional private and private-club recreational uses, all non-commercial;
      (4)   Churches, parish houses, convents, child nurseries;
      (5)   Public buildings and uses of the following kinds: elementary and secondary schools (public and private), parks, playgrounds, libraries, museums, community centers;
      (6)   Two-family dwellings if on lots of such areas and widths as hereinafter required; and
      (7)   Multiple dwellings and dwelling groups.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery, crematory, mausoleum, government, public utility and public service uses, hospitals, sanitariums, homes for the aged and similar institutions and institutions of an educational, philanthropic or charitable nature when required for the public health, safety or welfare;
      (2)   Automobile parking lots when required for off-street parking spaces for any use not more than 500 feet distant therefrom;
      (3)   Planned unit developments;
      (4)   The extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot is in more than one district;
      (5)   Public buildings and public uses including public housing, temporary or permanent;
      (6)   Boarding and lodging houses;
      (7)   Manufactured home parks as regulated by § 155.027 of this chapter; and
      (8)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
   (E)   Accessory uses.
      (1)   Accessory uses incidental to and on the same zoning lots as the principal use are allowed.
      (2)   Accessory uses shall not be located in any required side yard.
      (3)   Accessory buildings are permitted in any rear yard. Accessory buildings shall not be erected within three feet of any lot boundary or alley.
      (4)   Home occupations consistent with § 155.024(E)(4) of this chapter.
   (F)   Minimum lot size.
      (1)   Multiple dwelling units have fewer than five dwelling units must have a minimum lot area of 11,250 square feet. Not less than 1,500 square feet additional for each dwelling unit over four.
      (2)   Lot width required is not less than 75 feet for a single-family dwellings or not less than 75 feet for structures with more than one dwelling.
   (G)   Front, side and rear yard requirements.
      (1)   Front yards: a front yard of not less than 30 feet is required.
      (2)   Side yards: two side yards required, each with a width of not less than seven and one-half feet for dwelling. Not less than seven and one-half feet each permitted or more than 30 feet each required for any other kind of main building.
      (3)   Rear yards: a rear yard with a depth of not less than 25 feet is required. With not less than 30 feet permitted or more than 75 feet required for any other kind of main building.
   (H)   Maximum ground coverage. Not more than 40% of the lot shall be covered by main buildings and all accessory buildings.
   (I)   Minimum floor area. Multiple-family dwellings must have at least 860 square feet for a three-bedroom unit, 720 square feet for a two- bedroom unit and 600 square feet for a one-bedroom unit.
   (J)   Maximum building heights. Building heights permitted are two and one-half stories, but not exceeding 35 feet. Accessory buildings shall not exceed one and one-half stories or 18 feet in height.
(Prior Code, § 155.26) (Ord. 560, passed 6-6-1978; Ord. 602, passed 6-6-2000; Ord. 613, passed 3-6-2002; Ord. 630, passed 12-7-2004; Ord. 02-2016, passed 5-3-2016)

§ 155.027 R-4 RESIDENTIAL MANUFACTURED HOUSING DISTRICT.

   (A)   Intent. The intent of the R-4 Residential Manufactured Housing District is to promote health, safety, order, convenience and general welfare by enforcing minimum standards for manufactured home parks, the location and use of manufactured home parks and the design, construction, alteration and arrangement of homes on the lots, authorizing the inspection of manufactured home parks, the licensing of operators and fixing penalties for violations. No building or land shall be used and no building shall be erected, converted or structurally altered, unless otherwise provided herein.
   (B)   Permitted uses. The following are permitted uses in an R-4 District:
      (1)   Manufactured homes in manufactured home parks;
      (2)   Public parks and playgrounds;
      (3)   Essential services; and
      (4)   Storm shelters.
   (C)   Permitted accessory uses. The following are permitted accessory uses in an R-4 District:
      (1)   Detached accessory building (216 square foot maximum), 288 square feet for garages;
      (2)   Deck;
      (3)   Patio;
      (4)   Room addition up to 200 square feet; and
      (5)   Entryway airlock up to 50 square feet.
   (D)   Conditional uses. The following are conditional uses in a R-4 District (requires a conditional use permit based upon procedures set forth in and regulated by this chapter):
      (1)   Improved, enlargement, extension or alteration of an existing manufactured home park;
      (2)    Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues; provided that:
         (a)   Front yard depths shall be a minimum of 35 feet;
         (b)   Side yards shall be no less than 30 feet;
         (c)   Adequate screening from abutting residential uses and landscaping is provided in compliance with the appropriate section of this chapter;
         (d)   Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with the appropriate section of this chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with appropriate section of this chapter; and
         (e)   Adequate off-street loading and service entrances are provided and regulated where applicable by the appropriate section of this chapter.
      (3)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided that:
         (a)   Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;
         (b)   Equipment is completely enclosed in a permanent structure with no outside storage; and
         (c)   Adequate screening from neighboring uses and landscaping is provided in compliance with the appropriate section of this chapter.
      (4)   Model homes/commercial sales areas;
      (5)   Day care; provided that:
         (a)   No overnight facilities are provided for the people served. Individuals are dropped off and picked up daily;
         (b)   The front yard depth shall be a minimum of 35 feet;
         (c)   Not less than 40 square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council;
         (d)   Adequate off-street parking and access is provided in compliance with the appropriate section of this chapter;
         (e)   Adequate off-street loading and service entrances are provided in compliance with the appropriate section of this chapter;
         (f)   The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; and
         (g)   All signing and informational or visual communication devices shall be in compliance with the city sign ordinances, including Ch. 153 of this code of ordinances.
      (6)   Nursing homes or similar group housing, but not including hospitals, sanitariums or similar institutions; provided that:
         (a)   Side yards are double the minimum requirements established for this district and are screened in compliance with the appropriate section of this chapter;
         (b)   Only the rear yard shall be used for play or recreational areas. The area shall be fenced and controlled and screened in compliance with the appropriate section of this chapter;
         (c)   The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated;
         (d)   All signing and informational or visual communication devices shall be in compliance with the appropriate section of this chapter;
         (e)   All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured; and
         (f)   One off-street loading space is provided in compliance with the appropriate section of this chapter.
      (7)   Parking facilities for adjacent commercial or multiple dwelling establishments; provided that:
         (a)   Such parking is in excess of that required on the lot upon which the principal use is located;
         (b)   When parking is the principal use, adequate screening from abutting residential uses and landscaping is provided in compliance with the appropriate section of this chapter; and
         (c)   The site of the principal use and its related parking is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.
      (8)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
   (E)   Application.
      (1)   The following procedure must be followed to establish an R-4 Manufactured Housing District.
      (2)   In order to obtain approval for a manufactured home or manufactured home park, the property owner shall first apply in writing to the city’s Clerk-Administrator on a form as he or she may from time to time designate. Such application shall include a development plan and a plat plan prepared by and bearing the seal of a state-registered surveyor or Engineer, showing the following:
         (a)   Exact legal description of entire development property;
         (b)   Name, address, resume and three references of running similar manufactured home parks of owners and developers;
         (c)   The existing survey of the entire development site;
         (d)   Location and size of all individual lots, storage areas, recreation areas, laundry drying areas, roadways, parking sites, central office and shelters;
         (e)   Location and size of all streets abutting the park and all proposed driveways from such streets to the park;
         (f)   Street construction and surfacing plans and specifications, including parking areas and sidewalks;
         (g)   Plans for sanitary sewage disposal, surface water drainage, water supply systems, electrical service and gas service;
         (h)   Setback dimensions of all lots and entire manufactured home park from adjacent roads, properties, natural area such as rivers, lakes, streams, ponds and the like;
         (i)   Delineation and identification of any and all wetlands on or near the development site;
         (j)   Plans for any and all structures;
         (k)   Location, owner, legal description of all casements on the site;
         (l)   Detailed landscaping plans and specifications;
         (m)   Lighting plans and specifications;
         (n)   Location and width of sidewalks;
         (o)   Description of the method of collecting and disposing of garbage and refuse;
         (p)   Detailed description of mainten- ance procedures and grounds supervision;
         (q)   Proposed development schedule including proposed deadlines for completion of each stage; and
         (r)   Such other information as required by the City Engineer, City Building Official, City Zoning Administrator, City Council or City Planning Commission.
   (F)   Design standards. All manufactured home park site plans shall conform to the following standards.
      (1)   Park site.
         (a)   Shall be drained and properly graded and meet criteria required in shoreland and/or floodplain areas, meet city engineering and building inspection requirements, and requirements stipulated by the local Board of Soil and Water Conservation District; and
         (b)   Shall have at least two points of ingress and egress for vehicles and these access points must get written approval from the appropriate entity such as county, city or township for the proposed access. The access points must meet their specific design requirements.
      (2)   Individual lots.
         (a)   Each lot for a manufactured home shall contain at least 5,000 square feet of land area for the exclusive use of the occupant.
            1.   Width: no less than 50 feet;
            2.   Depth: no less than 100 feet;
            3.   Provide a 14-foot by 70-foot raised gravel base. Sod to be removed from base area; and
            4.   For double wides, provide a 27-foot by 56-foot raised gravel base. Sod to be removed from base area.
         (b)   Each manufactured home lot shall have frontage on an approved roadway and the comer of each manufactured home lot shall be marked and each site shall be numbered.
      (3)   Setbacks.
         (a)   A manufactured home or manu- factured home park site shall have a minimum setback from adjacent properties of at least 30 feet and this area shall be landscaped. Where a street is adjacent to a property line, a 12-foot landscape area shall be required. Screening and buffer zones shall be established on the perimeter of the manufactured home park in compliance with the provisions of this chapter.
         (b)   An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak or porch which has an opaque top or roof shall, for purposes of all separation requirements, be considered to be part of the manufactured home.
         (c)   There shall be an unused area not less than ten feet in depth along each street or roadway and this area shall be sodded and landscaped, except for required walkways, driveways or utilities.
         (d)    No manufactured home shall be parked closer than five feet to the side lot lines, nor closer than ten feet to the front lot line, or within ten feet of the rear lot line.
         (e)   There shall be an open space of at least ten feet between the sides of adjacent manufactured homes or their accessory structures.
         (f)   Off-street automobile parking spaces shall not be nearer than five feet from any lot line, except in cases of shared driveways and/or shared garages on the lot line.
      (4)   Off-street automobile parking.
         (a)   Each lot shall have off-street parking space for two automobiles. This parking space shall be a minimum of 20 feet by 20 feet. The base shall be composed of a minimum of six inches of compacted Class 5 gravel, topped with a minimum of two inches finished thickness of asphalt.
         (b)   Each park shall maintain a hard surfaced off-street parking lot for guests of occupants in the amount of one space for each four sites. Each parking space shall be a-minimum of ten feet by 18 feet and constructed the same as division (F)(4)(a) above. An exception to this requirement may be made in cases of on-site garages and adequate off street parking stalls on individual lots.
         (c)   Access drives from roadways to all parking spaces and sites shall be hard surfaced.
         (d)   Parking on-street shall be discouraged and if allowed, restricted to only one side of the street. All on-street parking plans to be approved by the city.
      (5)   Utilities.
         (a)   All manufactured homes shall be connected to a public water and sanitary sewer system or a private water and sewer system approved by the state’s Department of Health, the City Engineer and the City Council.
         (b)   Disposal of surface storm water shall conform to city storm water management plans and shall be approved by the City Engineer and City Council.
         (c)   All utility connections shall be approved by the city.
         (d)   The source of fuel for cooking, heating or other purposes at each site shall be as approved by the city.
         (e)   All utilities shall be underground including those for street and exterior lighting purposes. There shall be no overhead wires or supporting poles.
         (f)   No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile and manufactured home equipment.
         (g)   The method of garbage, waste and trash disposal must be approved by the city.
         (h)   The owner shall pay all required utility connections fees to the city.
         (i)   Fire hydrants shall be installed throughout the park in such locations and to such specifications as required by the city’s Fire Marshal, Fire Chief and Building Official.
      (6)   Internal roadways, streets and side- walks.
         (a)   Roadways shall be hard surfaced to meet the standards for at least a seven-ton street, unless the applicant can demonstrate that a lesser roadway will be feasible, along with plans to keep heavy service type trucks from entering the park. All roadway surface plans to be approved by the city/City Engineer.
         (b)   All roads shall have concrete, mountable, roll type curbs and gutters.
         (c)   All streets shall have a roadbed of not less than 24 feet in width. No parking shall be permitted on the street unless the roadbed shall be at least 32 feet in width, and in this case will still be limited to one side for street parking purposes.
         (d)   All streets and ways are hereby declared public only to the extent that they shall be under the supervision and control of the police enforcement powers of the city with respect to traffic laws and such other laws as shall be applicable to public ways and places.
      (7)   Landscaping.
         (a)   Each individual lot shall be properly landscaped with hedges and/or fences, grass sodding, and at least one tree of two inches in diameter.
         (b)   A compact hedge, privacy fence or landscaped area shall be installed around each manufactured home park and be maintained at all times.
         (c)   All areas shall be landscaped in accordance with a plan approved by the City Council.
      (8)   Recreation. The owners of all manufactured home parks shall improve, for the use of occupants, at least 10% of the park’s total land areas for recreational use (tennis courts, children’s play equipment, swimming pool, golf green and the like). In open and park areas, a minimum of ten trees per acre is required.
      (9)   Shelters. Each park shall include suitable storm and disaster shelter facilities con- structed to accommodate the park residents. The storm shelters must meet standards specified in the state regarding manufactured home park shelter design, Minn. Rules parts 1370.0100 to 1370.0230, as amended, from the Department of Administration, Building Code and Standards Division.
   (G)   General regulations. The owner of a manufactured home park shall be responsible for assuring that the following regulations are complied with by the park and its occupants.
      (1)   All areas of the park shall be property drained, kept free from dust and maintained clean and free from refuse and debris.
      (2)   All individual manufactured homes shall be owner occupied; except that, each owner may lease his or her manufactured home to a lessee for a period not to exceed five months in any calendar year. The park owner shall maintain a record of all such leases.
      (3)   The placement of more than one manufactured home on any single lot unit shall not be permitted.
      (4)   Manufactured homes shall not be used for residential purposes if they:
         (a)   Do not conform to the requirements of the Manufactured Home Code of the state (Minn. Rules Ch. 1350);
         (b)   Have not been issued a permit by the Building Official. This includes additions, decks and accessory structures over 120 square feet in area;
         (c)   Are in an unsanitary condition or have an exterior in bad repair;
         (d)   Are structurally unsound and do not protect the inhabitants against all elements; and/or
         (e)   Are not properly blocked, anchored or utilities not properly connected.
      (5)   The operator of every manufactured home park shall maintain a registry of the park showing:
         (a)   The name and address of each resident manufactured home owner;
         (b)   The make, type and license number of each manufactured home;
         (c)   Forwarding address of all manufactured homes leaving park; and
         (d)   Date of arrival and departure of each manufactured home.
      (6)   A map of the park shall be displayed near the entrance to the park and be illuminated during all hours of darkness.
      (7)   No persons shall be allowed to reside in a park, except those occupying manufactured homes on established individual sites or a central office or caretaker building.
      (8)   No manufactured home may be inhabited by a greater number of occupants than that for which it was developed.
      (9)   Each manufactured home shall be installed in accordance with the manufacturer’s specific installation instructions, City Building Code requirements and such installation plans and foundation plans prepared by a state-certified engineer. All manufactured homes shall be permanently anchored to prevent uplifting due to wind.
      (10)   The area beneath each manufactured home shall be enclosed with appropriate skirting material that is of compatible color and material of the manufactured home, shall not be in disrepair and the enclosed skirting shall have access for inspection. Vinyl or aluminum that has been painted is acceptable.
      (11)   No public address or loud speaker system shall be permitted in such park, unless permitted by the City Council for special or one-time uses of limited duration such as block parties or emergencies.
      (12)   Dogs and animals shall not run at large within the park.
      (13)   Laundry and clothing shall be hung out to dry only on lines located in areas established and maintained exclusively for that purpose.
      (14)   No boats, hauling trailers, junk cars or other equipment shall be stored upon the streets of the park or upon the patios or open spaces of any individual lot. The manufactured home park shall provide a secured area for this type of storage on-site, in compliance with the specifications of this chapter.
      (15)   The installation or construction of any structures or improvements within a park shall require a building permit as required by the city. All plans for such installation or construction shall meet the requirements of the state’s Department of Health and the city’s Zoning and Building Codes.
   (H)   Location.
      (1)   It shall be unlawful within this zoning district of the city for any person to park any mobile or manufactured home on any street or highway, or other public place or on any tract of land owned by any person, occupied or unoccupied within the city, except as provided for in this chapter.
      (2)   Emergency or temporary stopping or parking is permitted on any street or highway for not longer than three hours subject to any other and further prohibitions, and parking regulations or ordinances for that street or highway.
      (3)   No person shall park or occupy any mobile home or manufactured home which is situated outside of an approved manufactured home park.
   (I)   Temporary mobile home or manufactured home permits. Temporary manufactured or mobile home permits may be issued by the City Council for the temporary use of a mobile or manufactured home as a temporary office when the mobile or manufactured home is located outside of an authorized manufactured home park. The City Council may establish such conditions for the mobile or manufactured home as it deems appropriate to insure the health, safety and general welfare. The temporary permits shall be limited to periods of not more than 90 days. Upon written application, the City Council may renew such permits. A fee of $50 must accompany each application for a temporary mobile or manufactured home permit and $10 for each renewal thereof. Each temporary mobile or manufactured home shall be permit displayed in a conspicuous location on the outside of the mobile or manufactured home.
   (J)   Inspection of manufactured home parks.
      (1)   Compliance with chapter. The Building Official is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter, including the power to enter at reasonable times upon any private or public property for such purposes.
      (2)   Registration record. The Building Official, the Chief of Police or County Sheriff, or their duly authorized representatives, shall have the power to inspect the register containing a record of all residents of the manufactured home park.
      (3)   Access. It shall be the duty of the park management to give the Building Official free access to all lots at reasonable times for the purpose of inspection.
      (4)   Repairs. It shall be the duty of every occupant of a manufactured home park to give the owner thereof or his or her agent or employee access to any part of such manufactured home park at reasonable times for the purpose of making such repairs or alternations as are necessary to effect compliance with this chapter.
      (5)   Emergency. Whenever the Building Official finds that an emergency exists which requires immediate action to protect the public health or safety, an order may be ordered, without notice of hearing, reciting the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Building Official, shall be afforded a hearing before the Planning Commission as soon as possible. Pending any such hearing, such emergency orders shall be in full force and effect until and unless later removed, modified or changed by the Building Official, the Planning Commission or the City Council.
   (K)   Required illumination of park. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night. The illumination specifications shall be reviewed and approved by the city and City Engineer:
      (1)   All parts of the park systems: 0.6 foot candle; and
      (2)   Potentially hazardous locations, such as major street intersections and steps or stepped ramps, to be individually illuminated with a minimum of 0.6 foot candle.
   (L)   Walkways.
      (1)   General requirements. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
      (2)   Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall be a minimum of 36 inches wide and shall be constructed adjacent to the concrete curb of all streets. This sidewalk shall be connected to each lot patio by a cement walk not less than 24 inches in width.
      (3)   Individual walks. All manufactured homes shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street.
   (M)   Service buildings and other community service buildings.
      (1)   General. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities, laundry facilities, indoor recreation areas and commercial areas supplying essential goods or services for the exclusive use of park occupants.
      (2)   Structural requirements of buildings. All portions of the structure shall be property protected from damage by ordinary uses and by decay, corrosion, insects and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
      (3)    Barbecue pits, outdoor fireplaces and cooking shelters. Cooking shelters, barbecue pits and outdoor fireplaces shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property, and shall comply with all appropriate ordinances, laws or other regulations. Wood burning stoves and incinerators are not allowed.
   (N)   Refuse handling. The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards or air pollution.
   (O)   Insect and rodent control.
      (1)   Grounds, buildings and structures. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with any requirements of the County Health Department, State Department of Health, city or other duty authorized authority over such matters.
      (2)   Parks. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
      (3)   Storage areas. Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building material shall be stored at least one foot above ground.
      (4)   Screens. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
      (5)   Brush, weeds and grass. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
   (P)   Fuel supply and storage. Approved natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. No outside or buried fuel tanks will be allowed.
   (Q)   Fire protection.
      (1)   Litter, rubbish and the like. Manufactured home parks shall be kept free of litter, rubbish and other flammable material.
      (2)   Fire extinguishers. Portable fire extinguishers rated for Classes A, B and C fires shall be kept visible in services buildings and at other locations conveniently and readily accessible for use by all of the occupants and shall be maintained in good operating condition. Their capacity shall not be less than ten pounds.
      (3)   Fire hydrants. Fire hydrants shall be installed in accordance with the following requirements.
         (a)   The water supply system shall permit the operation of standard city fire hydrants.
         (b)   Fire hydrants shall be spaced an average of 400 feet with no spacing to exceed 500 feet. Spacing measurements shall be taken following curb lines.
   (R)   Miscellaneous requirements. The following are responsibilities of the manufactured home park owners.
      (1)   The person to whom a license for a manufactured home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
      (2)   The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.
      (3)   It shall be the duty of the operator of the manufactured home park to keep a register containing a record of all manufactured home owners and occupants located within the park. The register shall contain the date of arrival and departure of each manufactured home. The park shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duty necessitates acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.
(Prior Code, § 155.27) (Ord. 560, passed 6-6-1978; Ord. 561, passed 2-5-1991; Ord. 575, passed 3-7-1996; Ord. 613, passed 3-6-2002)

§ 155.028 CBD CENTRAL BUSINESS DISTRICT.

   (A)   Purpose. This district is designed and intended as a specialized district directed to serve the pedestrian in a compact central area for the city. The CBD District will provide for a high-density shopping and business environment, especially stressing the pedestrian function and interaction of people and businesses, rather than being heavily oriented toward the use of automobiles.
   (B)   Special requirements; enclosure of uses. Every use, unless expressly exempted by this chapter or allowed by a conditional use permit, shall operate in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase “need not be enclosed” appearing after any use exempted or in the case of a permitted establishment by the granting of a conditional use permit, subject to the conditions in the conditional use section.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Antique store;
      (2)   Apparel and accessory store;
      (3)   Appliance store, sales and service;
      (4)   Art supply store;
      (5)   Art gallery;
      (6)   Artist studio or school;
      (7)   Bakery retail;
      (8)   Bank, including drive-in bank;
      (9)   Barbershop;
      (10)   Beauty shop;
      (11)   Blueprinting and photostatting;
      (12)   Book store;
      (13)   Business machines store;
      (14)   Camera and photographic supply store;
      (15)   Candy, ice cream and confectionery store;
      (16)   Caterer;
      (17)   Clinic, dental, chiropractic and veterinarian;
      (18)   Dance studio;
      (19)   Delicatessen store;
      (20)   Department store;
      (21)   Dressmaking, seamstress;
      (22)   Drugstore;
      (23)   Floral sales;
      (24)   Furniture store and home furnishings;
      (25)   Garden supplies store; need not be enclosed; provided, all unenclosed portions of the use are located on the rear one-half of the zoning lot;
      (26)   Gift, novelty or souvenir store;
      (27)   Grocery store;
      (28)   Hardware store;
      (29)   Health equipment store;
      (30)   Interior decorator;
      (31)   Jewelry store;
      (32)   Laboratory, dental or medical;
      (33)   Locksmith;
      (34)   Luggage store;
      (35)   Music store, accessories and studio;
      (36)   Newsstand;
      (37)   Office of any type;
      (38)   Optician;
      (39)   Optical goods;
      (40)   Paint and wallpaper store;
      (41)   Photographic studio or picture processing;
      (42)   Radio and television broadcasting (excluding transmitter);
      (43)   Savings and loan association; state or federally chartered; including drive-in facilities;
      (44)    School, (private);
      (45)   Shoe repair shop;
      (46)   Sporting goods store;
      (47)   Stationery store;
      (48)   Tailor;
      (49)   Telephone exchange;
      (50)   Theater, not including drive-in theater;
      (51)   Theatrical studio;
      (52)   Ticket agency;
      (53)   Toy store;
      (54)   Travel bureau or agency;
      (55)   Variety store;
      (56)   Café;
      (57)   Catalog service and mail order house;
      (58)   Rental store, not including outdoor storage;
      (59)   Bars and taverns;
      (60)   Bicycle sales and repair;
      (61)   Carpet, rugs and floor coverage sales;
      (62)   Commercial recreation, such as bowling alleys, billiard halls and the like;
      (63)   Dry cleaning and laundry pick-up stations including pressing;
      (64)   Appliance store, including incidental repair and assembly, but not fabrication or manufacturing;
      (65)    Fraternal organizations and civic clubs;
      (66)   Printing shops and newspaper offices;
      (67)   Plumbing and heating shops with no outdoor storage; and
      (68)   Childcare.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Apartments;
      (2)   Parking of vehicles; need not be enclosed;
      (3)   Planned unit developments;
      (4)   Public or quasi-public development;
      (5)   Restaurants, cocktail lounges and other eating or drinking establishments which require additional parking spaces;
      (6)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare; and
      (7)   Service stations.
   (E)   Accessory uses. Accessory uses incidental to and on the same zoning lot as the principal use are allowed.
   (F)   Minimum lot size. All structures shall be located on a zoning lot having a minimum area of 6,000 square feet and a minimum street frontage of 50 feet.
   (G)   Front, side and rear yard requirements. All structures shall be set back not less than ten feet from any railroad right-of way. No other yards required. The space resulting from the foregoing setbacks (yard requirements) shall be utilized only for access to the permitted use or for landscaping purposes.
   (H)   Maximum ground coverage. No maximum ground coverage requirements.
   (I)   Maximum building heights. Building heights of two and one-half stories or 35 feet shall be permitted.
(Prior Code, § 155.28) (Ord. 560, passed 6-6-1978; Ord. 618, passed 5-6-2003; Ord. 630, passed 12-7-2004; Ord. 07-2023, passed 11-14-2023)

§ 155.029 GB GENERAL BUSINESS DISTRICT.

   (A)   Purpose. The GB District is designed and intended to promote the development of uses which require large concentrations of automobile traffic. The district is also designed to accommodate those commercial activities which may be incompatible with the uses permitted in the CBD District and whose service is not confined to any one neighborhood or community.
   (B)   Special requirements.
      (1)   All business, servicing or processing shall be conducted within completely enclosed buildings, with the following exceptions: establish- ments of the “drive-in” type display of merchandise for sale to the public, and off-street parking and loading.
      (2)   The unenclosed parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this section, shall be discouraged.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Ambulance service;
      (2)   Appliance store, sales and storage;
      (3)   Auction rooms;
      (4)   Auto, glass, muffler and upholstery shop;
      (5)   Auto parts and accessory sales, including outdoor display of auto accessories; provided that, the outdoor display or storage is separated from abutting development by ornamental fencing or screen planting;
      (6)   Auto sales;
      (7)   Auto storage; new or used;
      (8)   Auto repair garage;
      (9)   Bank;
      (10)   Beauty or barber shop;
      (11)   Bicycle store;
      (12)   Blueprinting, photostatting and lithographing;
      (13)   Boat sales and repair, not including dismantling or wrecking;
      (14)   Bowling alley and billiard parlor;
      (15)   Bus, railway or airline depot or ticket office;
      (16)   Catalog service and mail order house;
      (17)   Club or lodge;
      (18)   Dairy products store;
      (19)   Dance hall;
      (20)   Diaper service;
      (21)   Discount store;
      (22)   Drugstore;
      (23)   Dry cleaning;
      (24)   Electric contractor;
      (25)   Exterminator;
      (26)   Floral sales;
      (27)   Food locker plant: a food locker plant renting only individual lockers for home customer storage of food, including sale of retail, delivery of individual home orders and the cutting and packaging of meats or game, but not including slaughtering or eviscerating thereof;
      (28)   Fruit store;
      (29)   Garden supplies and landscape nursery;
      (30)   Grocery store;
      (31)   Gunsmith;
      (32)   Hall, renting for meetings, conventions or social gatherings;
      (33)   Hardware store;
      (34)   Health equipment and supply store;
      (35)   Health club or gym;
      (36)   Hotel, motel or tourist home;
      (37)   Ice plant;
      (38)   Janitorial service;
      (39)   Laboratory, scientific and testing;
      (40)   Laundromat;
      (41)   Linen supply;
      (42)   Liquor store (off-sale);
      (43)   Locksmith;
      (44)   Medical facilities including clinics, appliances, sales and fittings;
      (45)   Mortuary;
      (46)   Motorcycle store;
      (47)   Newsstand;
      (48)   Paint and wallpaper store;
      (49)   Painting and decorating contractor;
      (50)   Parking and/or commercial storage of vehicles; need not be enclosed;
      (51)   Pawn shop;
      (52)   Pet store;
      (53)   Photographic studio, picture processing or equipment;
      (54)   Planned unit developments or shopping centers;
      (55)   Plumbing contractor;
      (56)   Printing, publishing and allied industries;
      (57)   Radio and television broadcasting (including transmitter and studios);
      (58)   Sign contractor;
      (59)   Second hand store;
      (60)   Tailor;
      (61)   Taxidermist;
      (62)   Theatrical studio;
      (63)   Tire recapping and supply store;
      (64)   Upholstery shop of any type;
      (65)   Variety store;
      (66)   Veterinarian, including observation kennels for household pets; provided, however, all such kennels are contained within completely enclosed structures;
      (67)   Rental store, not including outdoor storage;
      (68)   Lumberyard;
      (69)    Auto wash;
      (70)   Auto detailing;
      (71)   All permitted uses in the CBD; and
      (72)   Childcare.
   (D)    Conditional uses. The following uses may be permitted:
      (1)   Any drive-in type establishment;
      (2)   Any use other than those enumerated as permitted uses intended to provide amusement on the payment of a fee;
      (3)   Auto laundries;
      (4)   Auto service stations;
      (5)   Community or convention centers;
      (6)   Landing or take-off area for rotorcraft, not including maintenance, repair, fueling or hanger facilities;
      (7)   Marine sales and service;
      (8)   Public or quasi-public development;
      (9)   Restaurants, cocktail lounges and other eating and drinking establishments;
      (10)   Shipping and storage or merchandise solely intended to be retailed by the established principal permitted use;
      (11)   Sports arena or stadium; and
      (12)   Other commercial and residential uses determined by the Planning Agency to be of the same general character as the permitted uses above and/or found not to be detrimental to the general public health and welfare.
   (E)   Accessory uses. Accessory uses incidental to and on the same zoning lot as the principal use are allowed.
   (F)   Minimum lot size. All structures shall be located on a zoning lot having a minimum area of 6,000 square feet and a minimum street frontage of 50 feet.
   (G)   Front, side and rear yard requirements.
      (1)   Front yard: except as otherwise hereinafter provided, all uses allowed in the GB Districts (permitted or conditional uses) shall provide a front yard of 15 feet which shall be devoted exclusively to landscaping, except for necessary access drives;
      (2)   Side yard: none; and
      (3)   Rear yard: none.
   (H)   Transitional yard requirements. In the GB District, the minimum transitional yard requirements shall not be less than those specified below.
      (1)    Where a side lot coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such side lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
      (2)   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
      (3)   Where a rear lot line coincides with a rear lot line in an adjacent residence district, a yard shall be provided along such rear lot line. The yard shall be not less than that which would be required for a residential use on the adjacent residential lot.
      (4)   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum yard required by the chapter on the adjacent residential lot shall be provided along the front or side lot lines.
   (I)   Maximum ground coverage. The sum total of the ground area covered by all structures (permitted or conditional uses) shall not exceed 75% of the zoning lot on which the structures are located.
   (J)   Signs. Marquees and canopies may project to within not more than two feet of the curb of the street; provided, the base of any such marquee or canopy is at least eight feet above the grade of the sidewalk.
   (K)   Off-street parking.
      (1)   There shall be provided by the developer/owner off-street parking spaces as described on a parking plan submitted in accordance with the parking requirements and approved by the city for all uses as hereinafter specified.
      (2)   Off-street parking spaces are to be provided on gravel or surface lots or separated from abutting residential development in a matter required by the Planning Commission. Conditions imposed by the Planning Commission could include, but may not be limited to, ornamental fencing, screen planting, landscaping or other natural vegetative screening.
      (3)   All off-street parking spaces for all uses shall be located on the same zoning lot as the use for which such parking is required or within 300 feet walking distance thereof.
(Prior Code, § 155.29) (Ord. 560, passed 6-6-1978; Ord. 613, passed 3-6-2002; Ord. 618, passed 5-6-2003; Ord. 630, passed 12-7-2004; Ord. 07-2023, passed 11-14-2023)

§ 155.030 RB RESIDENTIAL BUSINESS DISTRICT.

   (A)   Purpose. The purpose of the R-B Residential Business District is to provide for high density residential uses, low intensity commercial uses and the intermixing of related and complementary uses.
   (B)   Permitted uses. The following are permitted uses in the R-B District.
   Residential uses.
      (1)   One-family dwellings, one- and two- family dwellings, and multiple dwellings;
      (2)   Golf courses, country clubs, tennis courts, swimming pools and additional public and private club recreational uses, all non-commercial;
      (3)   Churches, parish houses, convents, child nurseries; and
      (4)   Public buildings and uses of the following kind: elementary and secondary schools (public and private), parks, playgrounds, libraries, museums, community center.
   Commercial uses.
      (1)   Antique store;
      (2)   Apparel and accessory store;
      (3)   Appliance store, sales and service;
      (4)   Art supply store;
      (5)   Art gallery;
      (6)   Artist studio or school;
      (7)   Auto parts and accessory sales;
      (8)   Bakery;
      (9)   Bank, including drive-in bank;
      (10)   Barber shop;
      (11)   Beauty shop;
      (12)   Blueprinting, photostatting;
      (13)   Book store;
      (14)   Business machines store;
      (15)   Café;
      (16)   Camera and photographic supply store;
      (17)   Candy, ice cream and confectionery store;
      (18)   Catalog service and mail order house;
      (19)   Caterer;
      (20)   Clinic, dental, chiropractic, veterinarian;
      (21)   Club or lodge;
      (22)   Dairy products store;
      (23)   Dance studio/dance hall;
      (24)   Delicatessen store;
      (25)   Department store;
      (26)   Diaper service;
      (27)   Discount store;
      (28)   Dressmaking, seamstress;
      (29)   Drugstore;
      (30)   Dry cleaning;
      (31)   Electric contractor;
      (32)   Exterminator;
      (33)   Furniture store and home furnishings;
      (34)   Fruit store;
      (35)   Garden supplies store and landscaping, need not be enclosed; provided, all unenclosed portions of the use are located on the rear one-half of the zoning lot;
      (36)   Gift, novelty or souvenir store;
      (37)   Grocery store;
      (38)   Gunsmith;
      (39)   Hardware store;
      (40)   Health equipment store;
      (41)   Health club or gym;
      (42)   Hotel, motel or tourist home;
      (43)   Interior decorator;
      (44)   Janitorial service;
      (45)   Jewelry store;
      (46)   Laboratory, scientific and testing;
      (47)   Laboratory, dental or medical;
      (48)   Laundromat;
      (49)   Linen supply;
      (50)   Locksmith;
      (51)   Luggage store;
      (52)   Medical appliances, sales and fitting;
      (53)   Mortuary;
      (54)   Music store, accessories and studio;
      (55)   Newsstand;
      (56)   Office of any type;
      (57)   Optician;
      (58)   Optical goods;
      (59)   Paint and wallpaper store;
      (60)   Pawn shop;
      (61)   Pet store;
      (62)   Photographic studio, picture processing or equipment;
      (63)   Radio and television broadcasting (excluding transmitter);
      (64)   Savings and loan association; state or federally chartered; including drive-in facilities;
      (65)   School (private);
      (66)   Shoe repair shop;
      (67)   Sign contractor;
      (68)   Sporting goods store;
      (69)   Stationery store;
      (70)   Tailor;
      (71)   Taxidermist;
      (72)   Telephone exchange;
      (73)   Theater, not including drive-in;
      (74)   Theatrical studio;
      (75)   Ticket agency;
      (76)   Toy store;
      (77)   Travel bureau or agency;
      (78)   Variety store; and
      (79)   Veterinarian, including observation kennels for household pets; provided, however, all such kennels are contained within completely enclosed structures.
   (C)   Conditional uses. The following are conditional uses in the R-B Districts:
      (1)   All conditional uses as allowed in the R Districts;
      (2)   Structures combining residential and non-residential uses;
      (3)   Manufactured home parks as regulated by § 155.027 of this chapter; and
      (4)   Other residential and commercial uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
   (D)   Accessory uses. All permitted accessory uses allowed in the R Districts.
   (E)   Special requirements.
      (1)   All business, servicing or processing shall be conducted within completely enclosed buildings, with the following exceptions: establishments of the “drive-in” type display of merchandise for sale to the public, and off-street parking and loading.
      (2)   The unenclosed parking of trucks as an accessory use, when used in conduct of a permitted business listed hereafter in this section, shall be discouraged.
   (F)   Minimum lot size. All commercial structures shall be located on a zoning lot having a minimum area of 7,500 square feet and a minimum street frontage of 50 feet.
   (G)   Front, side and rear yard requirements.
      (1)   Front yard: except as otherwise hereinafter provided, all uses allowed in the RB Districts (permitted or conditional) shall provide a front yard of 15 feet which shall be devoted exclusively to landscaping, except for necessary access drives;
      (2)   Side yard: none;
      (3)   Rear yard: none; and
      (4)   All residential structures shall conform to the front, side and rear yard requirements of the R-1, R-2 or R-3 Zones.
   (H)   Transitional yard requirements. In the RB District, the minimum transitional yard requirements shall not be less than those specified below.
      (1)   Where a side lot coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along the side lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
      (2)   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
      (3)   Where a rear lot line coincides with a rear lot line in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be not less than that which would be required for a residential use on the adjacent residential lot.
      (4)   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum yard required by this chapter on the adjacent residential lot shall be provided along the front or side lot lines.
   (I)   Maximum ground coverage. The sum total of the ground area covered by all structures (permitted or conditional uses) shall not exceed 75% of the zoning lot on which the structures are located.
   (J)   Signs.
      (1)   General sign provisions. Business signs and advertising devices shall be allowed in this district. No signing of a permitted use shall project higher than 20 feet above the building height, nor more than a total of 35 feet above the sidewalk level. All flashing, revolving and intermittently lighted signs are expressly prohibited.
      (2)   Sign area and number. The gross area in square feet of all signs shall not exceed six times the lineal feet of frontage of the zoning lot; however, the gross surface area of all illuminated signs shall not exceed three times the lineal feet of frontage of the zoning lot. A maximum of 150 square feet shall be permitted for free standing signs.
      (3)   Sign projection. No signs projecting more than 18 inches from a building into the public right-of-way shall be permitted in this district. Projecting signs may be allowed only after Planning Commission review and if the following conditions are met: adequate anchorage, underside clearance of at least 14 feet, location, size and display so designed as not to conceal neighboring displays. Underside clearance of less than 14 feet is allowed; provided, they are enclosed at the base by landscaping and protected to avoid the underneath passage of persons or autos.
      (4)   Parking signs. Parking signs may be wall, ground or projecting signs; provided that, the signs may not project more than four feet from any building wall and no more than four feet into any right-of-way.
      (5)   Marquees and canopies. Marquees and canopies may project to within not more than two feet of the curb of the street; provided, the base of any such marquee or canopy is at least eight feet above the grade of the sidewalk.
   (K)   Off-street parking. There shall be provided by the developer/owner off-street parking spaces as described on a parking plan submitted in accordance with the parking requirements and approved by the city for all uses as hereinafter specified.
   (L)   Exterior storage.
      (1)   In R-B Districts, all materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible form adjoining or adjacent lands, except for the following: laundry drying and construction materials; machinery and equipment currently being used on the premises.
      (2)   No materials or equipment may be stored outside, except those directly related to the principal use or those being used for construction on the premises. At gasoline service stations, all vehicles for service and parking areas shall be screened from neighboring lands.
      (3)   In business districts, displays of merchandise extended more than five feet into the setback area or more than five feet in front of the existing building if such building abuts against or extends into the required setback area shall be construed to be an encroachment on the setback requirements. It is unlawful for the owner or occupant to permit such encroachments, except that merchandise may be displayed on service station pump islands. Displays of merchandise shall not reduce the off-street parking area required by this chapter.
   (M)   Refuse. In all areas, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purpose. The owner of vacant land shall be responsible for keeping the land free of refuse and weeds.
   (N)   Screening and landscaping.
      (1)   All open off-street parking areas containing more than six parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residential district by a wall, fence or densely-planted compact hedge or trees not less than five feet nor more than eight feet in height. However, the Planning Commission may waive this requirement if the closest point of such parking area is at least 75 feet from the nearest residential property line, or if all the abutting residential property owners agree to waive the screening requirement.
      (2)    In all R-B Districts, any off-street parking areas of more than six parking spaces shall require a conditional use permit. In order for the developer or landowner to apply, they must supply plans for the landscaping and screening of the parking area. Plans for the landscaping and screening shall be submitted for approval to the Planning Commission before a conditional use permit shall be issued. Information required, but not limited to, is as follows:
         (a)   Legal description of property (parking area and other uses on all related lots);
         (b)   A drawing or map (to scale) illustrating the plan with north point arrow;
         (c)   Reasons/rationale for the parking plan;
         (d)   Location, type, size and the like of screening and landscaping materials (existing and proposed) drawn on plan; and
         (e)   Any other relevant information requested by the Zoning Administrator or Planning Commission.
   (O)   Maintenance. All structures and required landscaping or screening shall be maintained so as not to be unsightly to the adjoining areas and shall be kept clean, trimmed, free of debris, in good repair and in overall decent condition.
   (P)   Glare. Any lighting shall be arranged so as not to shine directly on any residential zone.
   (Q)   Traffic control. The traffic generated by any use shall be channeled and controlled in a matter that will avoid congestion on public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic. Traffic into and out of business areas shall be forward moving and backing into public streets shall be discouraged.
   (R)   Drainage. In the development, improvement or alteration of land, the natural direction of drainage shall not be changed unless plans for the development are submitted to the City Engineer for approval and unless the change is approved by the City Council. Runoff shall be properly channeled into a storm drain, watercourse or ponding area. All new uses and structures are prohibited unless provision is made for curb and gutter along the public streets adjacent to the land to be used, except when specifically waived by the Planning Commission. All plans and provisions for complying with this paragraph shall be submitted to the City Clerk-Administrator for approval.
   (S)   Electrical emissions. There shall be no electrical disturbances (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(Prior Code, § 155.30) (Ord. 560, passed 6-6-1978; Ord. 602, passed 6-6-2000; Ord. 613, passed 3-6-2002)

§ 155.031 I INDUSTRIAL DISTRICT.

   (A)   Purpose. The I Industrial District is established to provide exemplary standards of development for certain industrial uses that prefer to be located in choice or strategic sites. With proper control, these areas should become compatible with commercial or residential areas.
   (B)   Special requirements. None.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Art equipment supplies - manufacture;
      (2)   Automobile service station;
      (3)   Bags, boxes and paper containers, manufacturing and storage;
      (4)   Bakery products;
      (5)   Bottling establishments;
      (6)   Blank books, looseleaf binders fabrication and assembly;
      (7)   Books and bookbinding;
      (8)   Cabinet and woodworking establishments;
      (9)   Clothing manufacture;
      (10)   Camera and photographic manufacturing;
      (11)   Cold storage plants, commercial printing, publishing, engraving and reproduction firms;
      (12)   Confectionery and related products, manufacture and packaging;
      (13)   Dental instruments and supplies;
      (14)   Dry cleaning and dying establishments;
      (15)   Electric lighting and wiring equipment - manufacture;
      (16)   Electric measuring and testing equipment - manufacture;
      (17)   Electronic tubes and other components - manufacture;
      (18)   Electrical products and appliances - manufacture and assembly;
      (19)   Footwear - manufacture and fabrication;
      (20)   Hand and edge tools (except machine tools) - manufacture and assembly;
      (21)   Hardware warehousing and distribution operations;
      (22)   Ice plants and ice cream plants;
      (23)   Jewelry manufacture;
      (24)   Laboratory instruments and associated equipment, scientific and testing;
      (25)   Laundries;
      (26)   Luggage, handbags, and similar items - manufacture and assembly, lumber yards;
      (27)   Mail order houses;
      (28)   Medical and surgical instruments and supplies;
      (29)   Newspaper plants and offices;
      (30)   Office furniture and supplies;
      (31)   Optical instruments and lenses - manufacture and assembly;
      (32)   Patterns - design and manufacture;
      (33)   Pottery shop;
      (34)   Precision instruments;
      (35)   Plastics manufacture;
      (36)   Plumbing fixture and equipment - wholesale;
      (37)   Radio and television - assembly and parts fabrication;
      (38)   Sport equipment - manufacture and assembly;
      (39)   Scientific and research instruments and equipment manufacture and assembly;
      (40)   Signs and advertising display materials;
      (41)   Telephone and telegraph technical apparatus - manufacture and assembly;
      (42)   Temperature controls - fabrication and assembly;
      (43)   Trade schools;
      (44)   Welding supply; and
      (45)   Wholesale business facilities.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Planned industrial developments;
      (2)   Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products similar to those permitted uses which conform with the performance standards set forth in this district;
      (3)   Freight terminals; and
      (4)   Other manufacture, processing, storage, commercial or residential uses determined by the Planning Agency not to be obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, oxidation, smoke, dust, odors, toxic or noxious matter or glare or heat.
   (E)   Accessory uses. Uses incidental to the principal use are allowed.
   (F)   Minimum lot size.
      (1)   Every individual lot, site or tract shall have an area of not less than one-half acre.
      (2)   Every lot or tract shall have a width of not less than 100 feet abutting a public right-of-way.
      (3)   There shall be a required minimum 10% reservation of the total lot area for landscaping use. The landscaping shall conform in design and appearance with the overall development plan as approved by the Planning Commission.
   (G)   Front, side and rear yard requirements.
      (1)   Front yard: there shall be a front yard having a depth of not less than 35 feet between building and the street right-of-way line to be devoted exclusively to landscaping except for necessary points of access;
      (2)   Side yard: there shall be two side yards, one on each side of a building. Each side yard shall be not less than 15 feet in width; and
      (3)   Rear yard: there shall be a rear yard not less than 30 feet in depth.
   (H)   Transitional yards requirements. When any lot line coincides with a lot line of an adjacent residential district, the setback shall be at least 30 feet.
   (I)   Maximum ground coverage. In the I District, the sum total of the ground area covered by all structures (permitted and conditional) on the zoning lot on which the structures are located shall not exceed 60%.
   (J)   Off-street parking and loading/unloading facilities. Off-street parking and loading/unloading facilities shall be required as established in the this chapter. All off-street parking and loading/unloading spaces shall be located on the same lot as the principal use.   
   (K)   Performance standards.
      (1)   Intent. It is the intent of this division (K) to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following.
      (2)   Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table A herein.
Table A
Maximum permissible sound-pressure levels of specified points of measurement for noise radiated continuously from a facility.
Band Cycles Per Second (Frequency)
Maximum Permitted Sound Level (Decibels)
Table A
Maximum permissible sound-pressure levels of specified points of measurement for noise radiated continuously from a facility.
Band Cycles Per Second (Frequency)
Maximum Permitted Sound Level (Decibels)
20 - 75
72
76 - 150
67
151 - 300
59
301 - 600
52
601 - 1,200
46
1,201 - 2,400
40
2,401 - 4,800
34
Over 4,801
32
 
      (3)   Odor. No activity or operation shall cause at any time the discharge of toxic, noxious or odorous matter beyond the limits of the immediate site where it is located in such concentrations as to be obnoxious or otherwise detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business.
      (4)   Glare. Glare, whether direct or reflected, such as from floodlights, spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line.
      (5)   Exterior lighting. Any lights used for exterior illuminations shall be directed away from adjacent properties.
      (6)   Smoke, dust, fumes or gases. Every operation shall conform to local standards.
      (7)   Hazard. Every operation shall be carried on in accordance with local fire and safety codes.
      (8)   Water supply. The design and construction of water supply facilities and water supply source shall be in accordance with local and State Department Health standards and requirements.
      (9)   Waste. All sewage and industrial wastes shall be treated and disposed in such manner as to comply with the state’s Department of Health standards and requirement, and local codes.
      (10)   Compliance. In order to assure compliance with the performance standards set forth above, the Planning Commission may require the owner or operator of any permitted use to make such investigations and tests as may be required to show adherence to the performance standards.
      (11)   Review. All subsequent additions and out-buildings constructed after the erection of an original building or buildings shall be reviewed by the Zoning Administrator.
   (L)   Regulations on screening. All principal and conditional uses, except business signs, which are situated within 50 feet of a residential district shall be screened and buffered from the district by a wall and separation of open space which shall have a minimum depth of 30 feet and shall include a required fence or vegetative screening of not less than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the Board of Adjustment and Appeals if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screen will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with the provision of adequate amounts of light and air to same properties. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.
(Prior Code, § 155.31) (Ord. 560, passed 6-6-1978; Ord. 613, passed 3-6-2002; Ord. 630, passed 12-7-2004)

§ 155.032 A AGRICULTURAL DISTRICT.

   (A)   Purpose. This district is intended to preserve agricultural land from premature conversion to non- agricultural land uses.
   (B)   Special requirements. None.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Agricultural activities and farmsteads;
      (2)   Park and forest preserve;
      (3)   Church;
      (4)   Golf course except miniature course or driving range;
      (5)   Roadside stand for the sale of agricultural products; and
      (6)    Greenhouse or nursery.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Extraction of rock, sand or gravel;
      (2)   Public building erected by any government agency;
      (3)   Cemetery;
      (4)   Privately-operated outdoor recreational facility;
      (5)   Golf driving range;
      (6)   Single-family dwelling on a site of not less than one acre;
      (7)   Private sod surfaced airstrips used solely by the land owner;
      (8)   Other agricultural, commercial or residential uses determined by the Planning Agency to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare; and
      (9)   Off-premises signs; provided that, they are no more than 35 feet in total height and less than 200 square feet in total area. Lighting shall be permitted, provided it meets requirements stated in Ch. 153 of this code of ordinances.
   (E)   Minimum lot size.
      (1)   A lot area of not less than one acre for each non-farm dwelling unit is required.
      (2)   A lot width of not less than 100 feet is required for each non-farm dwelling unit.
   (F)   Front, side and rear yard requirements.
      (1)   Front yard: a front yard of not less than 40 feet is required;
      (2)   Side yards: two side yards are required, each having a width of not less than 20 feet; and
      (3)   Rear yard: a rear yard of not less than 50 feet is required.
   (G)   Maximum building heights. Building heights permitted are two and one-half stories, but shall not exceed 35 feet for non-farm dwellings.
(Prior Code, § 155.32) (Ord. 560, passed 6-6-1978; Ord. 613, passed 3-6-2002; Ord. 623, passed 9-2-2003; Ord. 630, passed 12-7-2004)

§ 155.033 C CONSERVATION DISTRICT.

   (A)   Purpose. This district is established to retain open space within the city and also to notify public bodies and the public in general of land which is constrained for construction activities.
   (B)   Special requirements. No filling, grading, dredging, excavation or construction shall be allowed within the Conservation District without having first obtained a conditional use permit from the city.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Agricultural activities;
      (2)   Park; and
      (3)   Forest, nature or other preserve.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Structural park improvements; and
      (2)   Any fill proposed to be deposited in the Conservation District must be shown to have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. The fill shall be protected against erosion by rip-rap, vegetative coverage, bulkheading.
   (E)   Conditional use standards.
      (1)   In extra-ordinary cases, conditional uses may be granted upon application, but only when the proposed use is determined to be in the public interest. No conditional use shall be granted which the council determines will or has a tendency to:
         (a)   Increase the height or duration of flood water in any watercourse;
         (b)   Be consistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation, wildlife, marshes and wetlands within the city; and
         (c)   Develop land and water areas essential to continue the temporary or permanent holding of run-off of surface water.
      (2)   No conditional use shall be granted unless the applicant, in support of his or her application, shall submit engineering data, surveys, site plans and other information as the city may require in order to determine the effects of the development on the affected land and water areas.
(Prior Code, § 155.33) (Ord. 560, passed 6-6-1978)

§ 155.034 OFF-STREET PARKING AND LOADING.

   (A)   Scope of regulations. The off-street parking requirements and off-street loading requirements of this section shall apply within all zoning districts, except the CBD District.
   (B)   Computation. When in the process of determining the number of off-street parking and loading spaces there occurs a fraction of a space, such fraction shall be deemed as a requirement for an additional whole space. The parking requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Commission.
   (C)   Site plan. All plans submitted for a building permit on residential developments exceeding R-2 density and all other developments requiring parking spaces or loading facilities shall include a site plan approved by the Planning Commission. The site plan shall be a part of the building permit and no certificate of occupancy shall be issued until all items shown on the site plan for parking and loading facilities have been completed. The plot plan should include at least the following:
      (1)   Zoning, setbacks and statement of use;
      (2)   North point and scale;
      (3)   All adjacent streets and alleys;
      (4)   Sidewalks, curbs, gutters and street trees;
      (5)   Entire ownership of lot or parcel being developed;
      (6)   Completely dimensioned parking lay- outs;
      (7)   All parking spaces clearly marked;
      (8)   Owner’s name and current address; and
      (9)   Description of surface; asphalt, class five and the like.
   (D)   Parking of commercial vehicles or equipment. No commercial vehicles or equipment exceeding 9,000 pounds gross weight shall be parked, stored or otherwise continued in a residential district for a maximum of 24 hours unless in a completely enclosed structure or unless they are being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.
   (E)   Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current legal license plates or those inoperable shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
   (F)   Reduction and use of parking and loading space. Off-street parking and loading facilities provided to comply with required parking area under this chapter shall not subsequently be reduced below the requirements of this chapter unless a conditional use permit is applied for and a fee paid ($75). The extent of the reduction of required parking area will be considered by the Planning Commission. In its consideration, the Planning Commission will study, but not be limited to:
      (1)   The on-street parking available by the site;
      (2)   The expected usage of the site and parking demand;
      (3)   Surrounding land uses and zone districts; and
      (4)   The provisions of this chapter affecting the parking lot or loading area.
   (G)   Screening and landscaping. All open automobile parking areas containing more than six parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence, densely-planted compact hedge, trees or other effective screen not less than five feet, nor more than eight feet in height as determined by the Planning Commission. However, the Planning Commission and City Council may waive this requirement if the closest point of the parking area is at least 75 feet from the nearest residential property line. By mutual consent of all abutting residential property owners, this screening required may be waived.
   (H)   Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance.
   (I)   Signs. Accessory signs shall be permitted on parking areas in accordance with the provisions specified under each zoning district.
   (J)   Table of parking requirements. Each single automobile parking space shall use 180 square feet as a recommended area.
Use
Number of Required Parking Spaces
Off-street Loading and Unloading Spaces Required
Use
Number of Required Parking Spaces
Off-street Loading and Unloading Spaces Required
Animal hospitals and kennels
6 spaces plus 1 space for each 200 square feet of gross floor area over 10,000 square feet of gross floor area.
N.A.
Auditorium, stadium, gymnasium, community center
1 space for each 4 permanent seats in the largest assembly plus 1 for each 250 square feet of office area
1 for each structure over 100,000 square feet of gross floor area
Automobile, car wash
5 spaces plus 5 for each wash lane
N.A.
Automobile service stations
3 for each service stall plus 1 for each attendant on the major shift
N.A.
Bowling alleys
5 spaces for each lane or alley
1 space for each structure over 20,000 square feet of gross floor area
Commercial uses
5 spaces per 1,000 square feet of retail sales floor area
1 space for the first 10,000 square feet of gross floor area and 1 space for each additional 50,000 square feet of gross floor area
Drive-in restaurants
5 spaces for each 100 square feet of business area
N.A.
Elderly housing
1 space per dwelling unit
N.A.
Furniture, automobile and boat sales and appliance sales
1 space for each 400 square feet of gross floor area in the first 25,000 square feet and 1 space for each 600 square feet thereafter
1 space plus 1 additional space for each 25,000 square feet of gross floor area
Hospitals, rest homes, nursing homes and the like
1 for each 4 beds, plus 1 for each employee on the major shift
1 space plus 1 additional space for each 100,000 square feet of gross floor area
Manufacturing and research, experimental stations
1 space for each employee on the shift or 1 space for each 300 square feet, whichever is greater
1 space for each 50,000 square feet of gross floor area
Miniature golf course, archery range, golf, driving range
10 spaces respectively
N.A.
Motel, hotel
1 space per dwelling unit
-
Multiple-family
2 spaces per dwelling unit
N.A.
Office building, professional offices, banks
1 space for each 250 square feet of gross floor area
1 space for buildings between 30,000 square feet and 100,000 square feet of gross floor area and 1 space for each additional 100,000 square feet of gross floor area
Restaurants and other food dispensing establishment except drive-in restaurant
1 space for each 4 seats plus 1 for each 2 employees on the shift
1 for each structure over 10,000 square feet of gross floor area
Single-family
2 spaces per dwelling
N.A.
Skating rink or dance hall
1 space for each 250 square feet of gross floor area
As required
Two-family
2 spaces per dwelling unit
N.A.
Warehousing and wholesale business establishments
1 space for each employee on the major shift plus 1 space for each company vehicle
As required
 
   (K)   Joint parking. Provision of joint parking areas for several uses in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements; provided that, where it is found by the Planning Commission, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a store generating demand for parking during its daytime business hours and thereafter generating peak demand for parking after such daytime hours and, in similar cases, the agency may recommend to reduce the total number of parking stalls to be jointly provided.
   (L)   Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots; provided, the following conditions are fulfilled.
      (1)   Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
      (2)   Total berths provided shall meet the requirements based on the sum of the several types of uses served. Area of types of uses may be totaled before computing number of loading berths.
      (3)   No zoning lot served shall be more than 500 feet removed from the central loading zone area.
      (4)   The tunnel or ramp connecting the central loading area with the zoning lot served shall not be less than seven feet in width and have a clearance of not less than seven feet.
(Prior Code, § 155.34) (Ord. 560, passed 6-6-1978)