(A)   General description. This district is to provide for medium residential development density. The principal uses of land range from residences to uses which are functionally compatible with residential uses. Recreational, religious, educational facilities and other related uses in keeping with the residential character of the district may be permitted on review by the governing body.

   (B)   Permitted principal and accessory uses and structures. Property and buildings in the Residential A (RA) area shall be used only for the following purposes:

      (1)   Single-family dwellings but not including manufactured homes;

      (2)   Two-family dwellings;

      (3)   Rooming and boarding houses;

      (4)   Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work;

      (5)   Transportation and utility easements, alleys and rights-of-way;

      (6)   (a)   Accessory uses and buildings in accordance with § 155.046:

            1.   Provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business;

            2.   Any accessory building shall be located on the same lot, tract or parcel with the same Parcel Identification Number as with the principal building.

         (b)   Exception: a variance may be granted for an accessory structure to be placed or constructed prior to the construction of the principal structure whereupon the Board of Adjustment finds that:

            1.   The site plan submitted with the building permit application clearly indicates the planned accessory structure and the remaining buildable area for the future primary structure;

            2.   All other provisions of zoning ordinance for that district are met; and

            3.   Accessory structures with habitable space meet the requirements of the adopted or referenced electrical, plumbing and building codes.

      (7)   Signs, as regulated in § 155.051; and

      (8)   Temporary placement of tents, campers, RVs and travel trailers where the occupants are away from their place of legal residence for the purpose of vacationing or visiting for a length of time not to exceed three weeks in any 90-day period.

   (C)   Uses permitted on review. The following may be permitted on review by the governing body in accordance with provisions contained in § 155.073.

      (1)   Multiple-family dwellings and group homes or transitional housing.

      (2)   Churches or similar places of worship, and accessory structures thereto. Accessory structures shall not include missions or revival tents.

      (3)   Elementary or high schools, public or private.

      (4)   Public parks, playgrounds and playfields, greenways and neighborhood and municipal buildings and uses in keeping with the character and requirements of the district.

      (5)   Libraries, museums and historical monuments or structures.

      (6)   Public utilities, substations and pumping stations, subject § 155.004(A)(3).

      (7)   Plant nurseries.

      (8)   Golf courses, or country clubs, with adjoining grounds of not less than 60 acres, but not including miniature courses and driving tees operated for commercial purposes.

      (9)   Fraternities, sororities and denominational student headquarters.

      (10)   Nursing homes or homes for the aged.

      (11)   Medical facilities, except veterinary hospitals or clinics, or other professional offices.

      (12)   Home occupations as regulated in § 155.053.

      (13)   Daycare facilities, as regulated in § 155.004(A)(4).

      (14)   Mobile home subdivisions as regulated in § 155.004(A)(8).

      (15)   Foster homes.

      (16)   Mortuaries and funeral homes.

      (17)   Boys and girls clubs, neighborhood/community recreational centers and heritage centers.

      (18)   Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.

   (D)   Area regulations. All buildings shall have proper setbacks from their respective property lines in compliance with the following regulations.

      (1)   Front yard.

         (a)   For single-family, two-family and multiple-family dwellings the minimum depth of the front yard shall be 25 feet and in no case shall an accessory building be located to extend into the front yard.

         (b)   Churches and other main and accessory buildings, other than dwellings, shall have a front setback of 35 feet.

      (2)   Side yard.

         (a)   For single story dwellings, located on interior lots, side yards shall be not less than ten feet in width. For dwellings of more than one story, there shall be side yards of not less than 12 feet.

         (b)   For unattached buildings of accessory, non-occupied use, there shall be a side yard of not less than eight feet.

         (c)   Unattached accessory buildings with habitable space shall not be located closer to any side lot line than ten feet and additional off-street parking shall be provided accordingly.

      (3)   Rear yard.

         (a)   For primary use structures and attached accessory use structures, there shall be a rear yard of not less than 25 feet.

         (b)   Unattached buildings of accessory, non-occupied use shall not be located closer to any rear lot line than five feet.

         (c)   Unattached accessory buildings with habitable space shall not be located closer to any rear lot line than ten feet and additional off-street parking shall be provided accordingly.

         (d)   The setback requirements provided in divisions (D)(3)(a) and (D)(3)(b) herein for rear yards shall not apply to any properties located in the Cold Springs Addition to the city in which the property abuts the flood control channel located in Cold Springs Addition.

      (4)   Lot width.

         (a)   For single-family dwellings, there shall be a minimum lot width of 50 feet at the front building line. May be average of 50 feet if the lot abuts a street for a minimum of 30 feet.

         (b)   For two-family dwellings, there shall be a minimum lot width of 75 feet at the front building line.

         (c)   For multiple-family dwellings there shall be a minimum lot width of 100 feet at the front building line.

      (5)   Intensity of use.

         (a)   For each single-family dwelling and building accessory thereto, there shall be a lot area of not less than 6,000 square feet.

         (b)   For each two-family dwellings there shall be a lot area of not less than 9,000 square feet.

         (c)   For multiple-family structures, there shall be a lot area of not less than 6,000 square feet plus an additional 1,500 square feet for each dwelling unit. For those structures which provide off-street parking within the main structure, the lot area requirements may be reduced 200 square feet per dwelling unit.

         (d)   For churches and other main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in § 155.049; provided, however, that the lot for a church shall not be less than 30,000 square feet.

      (6)   Maximum lot coverage. Main and accessory buildings shall cover not more than 30% of the lot area.

   (E)   Usable open space. For multiple-family structures there shall be usable open space provided for each dwelling unit of not less than 400 square feet. Open space does not include drives, parking and service areas.

   (F)   Height regulation. No main building shall exceed two and one-half stories or 35 feet in height, except as provided in § 155.047.

   (G)   Off-street parking. As regulated in § 155.049.

   (H)   Landscape requirements. As regulated in § 155.045.

(Prior Code, § 27-A-04-1) (Ord. 964, passed 2- -2000; Ord. 1035, passed 8- -2006; Ord. 1074, passed 5- -2009; Ord. 1109, passed 10- -2011)

   (A)   General description. This district is to provide for medium to high residential development density. The principal uses of land range from residences and mobile homes to uses which are functionally compatible with intensive residential uses. Recreational, religious, education facilities and other related uses in keeping with the residential character of the district may be permitted on review by the governing body.

   (B)   Residential B Districts are subject to all Residential A District regulations with the following exceptions: manufactured homes are allowed as single-family dwellings when placed in accordance with local code requirements, within existing mobile home parks per § 151.04 and outside of mobile home parks per § 151.05.

(Prior Code, § 27-A-04-02) (Ord. 964, passed 2- -2000; Ord. 1074, passed 5- -2009; Ord. 1156, passed 10- -2015)

   (A)   General description. This district is intended to protect and preserve the natural beauty and open character of forested and other natural growth areas from incompatible land uses.

   (B)   Permitted principal and accessory uses and structures. Property and buildings in the Mountain Residential District (MR) shall be used for the following purposes:

      (1)   Single-family dwellings but not including manufactured homes;

      (2)   Transportation and utility easements, alleys and rights-of-way;

      (3)   Signs, as regulated in § 155.051;

      (4)   Accessory uses and structures in accordance with § 155.046;

      (5)   Bed and breakfast facilities;

      (6)   Temporary placement of tents, campers, RVs and travel trailers where the occupants are away from their place of legal residence for the purpose of vacationing or visiting for a length of time not to exceed three weeks in any 90-day period;

      (7)   As an accessory use to the primary use, up to two horses for personal use may be kept provided that manure shall not be kept, stored or stockpiled on the premises. Foals may be kept until weaning, but not to exceed ten months of age; and

      (8)   An additional three horses, as well as cats and dogs, may be boarded on said property, for up to one week as part of a bed and breakfast operation, provided said property consists of not less than four acres, and appropriate and sanitary facilities are provided for the keeping and securing of those animals.

   (C)   Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with provisions contained in § 155.073:

      (1)   Public parks and/or playgrounds;

      (2)   Historical monuments or structures;

      (3)   Utility substations;

      (4)   Plant nurseries;

      (5)   Cemeteries;

      (6)   Customary home occupations;

      (7)   Light manufacturing, as defined in this chapter; and

      (8)   Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.

   (D)   Nonpermitted use.

      (1)   Under no circumstances shall manufactured homes or manufactured home parks be permitted in this district.

      (2)   Animal manure in any appreciable amount that is kept, piled, stored or stockpiled shall be considered a non-compliance land use in accordance with § 155.005(E).

   (E)   Area regulations. All buildings, corrals, pens and kennels shall be set back from property lines to comply with the following requirements.

      (1)   Front yard. For all structures, the minimum depth of the front yard shall be 50 feet and in no case shall an accessory building be located or extended into the front yard.

      (2)   Side yard.

         (a)   For a single story dwelling, located on interior lots, side yards shall be not less than 30 feet in width. For dwellings of more than one story, there shall be a side yard requirement of not less than 40 feet.

         (b)   For unattached buildings of accessory use, there shall be a side yard of not less than 20 feet.

      (3)   Rear yard.

         (a)   For main buildings there shall be a rear yard of not less than 50 feet.

         (b)   Unattached buildings of accessory use shall not be located closer to any rear lot line than 20 feet.

      (4)   Lot width. For all dwellings there shall be a minimum lot width of 100 feet at the front building line. Such lot shall abut on a public street for a distance of not less than 50 feet.

      (5)   Intensity of use. For each dwelling or structure, and building accessory thereto, there shall be a lot area of not less than three acres.

      (6)   Maximum lot coverage. Dwellings and buildings accessory thereto shall cover not more than 25% of the lot area.

   (F)   Height regulations. No main building shall exceed two and one-half stories or 35 feet in height, except as provided in § 155.047. Accessory buildings shall not exceed 15 feet in height.

   (G)   Off-street parking. As regulated in § 155.049.

   (H)   Landscape requirements. As regulated in § 155.045.

(Prior Code, § 27-A-04-03) (Ord. 964, passed 2- -2000; Ord. 995, passed 6- -2003; Ord. 1074, passed 5- -2009)

   (A)   General description. This commercial district is for personal and business services and general business activity.

   (B)   Uses permitted. The following uses shall be permitted in the General Commercial District provided that each use have street access to a commercial, industrial or highway service zoning district street:

      (1)   Retail establishments including incidental manufacturing of goods for sale at retail on the premises. Sales and display rooms and lots, not including yards for storage of new or used building materials or yards for any scrap of new or used building materials or yards for any scrap or salvage or secondhand materials. The storage, display and sale of used, repossessed or traded-in merchandise incidental to a retail operation engaged primarily in the sale of new merchandise is permitted;

      (2)   Eating and drinking establishments;

      (3)   Vehicle service and repair garages, including filling stations;

      (4)   Personal service establishments, including barber and beauty shops, shoe repair shops, funeral homes, cleaning, dyeing, laundry, medical and/or dental clinics or offices, pressing, dressmaking, tailoring and garment repair shops with processing on the premises;

      (5)   Hotels, motels, rooming, bed and breakfast and boarding houses;

      (6)   Commercial recreational structures and uses, such as theaters, bowling alleys, poolroom, amusement and recreational establishments, and miniature golf courses, but not including driving ranges, unless in an enclosed structure;

      (7)   Parking lots and public garages;

      (8)   Offices, studios, human health service clinics and laboratories;

      (9)   Financial institutions;

      (10)   Private clubs and lodges;

      (11)   Outdoor advertising as regulated in § 155.051;

      (12)   Auditorium and recreation establishments;

      (13)   Public or municipal swimming pools;

      (14)   Laboratories and establishments for production and repair of jewelry, eye glasses, hearing aids and prosthetic appliances;

      (15)   Public buildings and grounds other than elementary, middle or high schools;

      (16)   Churches;

      (17)   Business and vocational schools not involving operations of an industrial character;

      (18)   Public parks;

      (19)   Wholesale and distributing centers not involving the use of any delivery vehicle rated at more than one and one-half tons capacity; nor a total of more than five delivery vehicles;

      (20)   On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and structures;

      (21)   Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, dust, odor, vibration, blast and traffic than those permitted uses enumerated above;

      (22)   Dwelling units in multi-storied structures wherein the street or ground floor level is occupied by one of the permitted retail or business services enumerated above; and

      (23)   Cannabis dispensary (subject to § 155.058).

   (C)   Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with the provisions contained in § 155.073:

      (1)   Electrical receiving or transforming stations;

      (2)   Public utility substations, service yards and pumping stations subject to § 155.004(A)(3);

      (3)   Apartment houses;

      (4)   For any proposed business not having access to a commercial, industrial or highway service street as permitted under division (B) above;

      (5)   An accessory apartment. (See definition) The use permit will be subject to the following criteria.

         (a)   An accessory apartment would not be allowed as an accessory to eating or drinking establishments.

         (b)   The accessory apartment would be required to have its own entrance and that apartment shall have to meet all fire and life safety codes.

         (c)   The commercial character of the structure must be maintained (e.g., all satellite dishes be roof mounted or mounted off of the facade).

         (d)   The business must be opened within the first six months of the accessory apartment certificate of occupancy to meet the criteria of the use permit. The goal is to have a business in place if someone is living on the property and have commercial vacancies no longer than six months (including off-season use).

      (6)   Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.

   (D)   Non-permitted use.

      (1)   Under no circumstances shall manufactured homes or manufactured home parks be permitted in this district.

      (2)   Under no circumstance shall vehicle or equipment repair facilities, private or public, operate salvage operations of vehicles or vehicle parts except as permitted in accordance with § 155.004(A)(5).

      (3)   Under no circumstances shall an adult oriented business be permitted in this district.

   (E)   Area regulations. The following requirements shall apply to all uses permitted in this district.

      (1)   Front yard. None.

      (2)   Side yard. No side yard is required except that the width of a side yard which abuts a residential district shall be not less than 25 feet.

      (3)   Rear yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in depth. The depth of a rear yard which abuts a residential district shall be not less than 15 feet. In all other cases, no rear yard is required.

      (4)   Lot coverage. Main and accessory buildings shall cover not more than 80% of the lot area.

   (F)   Height regulations. No building or structure shall exceed five stories or 60 feet in height except as provided in § 155.047.

   (G)   Off-street parking. For permitted retail, business and personal service establishments, no off-street parking requirements.

   (H)   Landscape requirements. As regulated in § 155.045.

(Prior Code, § 27-A-04-04) (Ord. 964, passed 2- -2000; Ord. 993, passed 3- -2003; Ord. 1235, passed 10-4-2021)

   (A)   General purpose and description. The Mixed Use District-I (MXD-I) is intended to accommodate a variety of housing opportunities, office, retail, service uses and live-work environments, and to ensure that the areas and land uses are compatible with the character of existing mixed-use corridors and in areas of new development. This district is expected to be pedestrian oriented and maintain connectivity within the district and with adjacent neighborhoods.

   (B)   Uses permitted. Mixed Use District-I is intended to encourage a mix of residential, business, office, commercial and institutional uses. The size, location, appearance and method of operation of intended uses shall be specified to the extent necessary to insure compliance with the purpose of this district. The following uses shall be permitted in the Mixed Use District-I.

      (1)   Single-family, two-family and multi-family dwellings, hotels, motels, condominiums, apartment buildings and dormitories;

      (2)   Home occupations as denoted in § 155.053 shall be permitted in accordance with § 155.073;

      (3)   Multi-story buildings where the ground floor is utilized as commercial space and the upper stories are apartments or condominiums;

      (4)   Retail establishments;

      (5)   Eating and drinking establishments, excluding drive-in establishments;

      (6)   Personal service establishments as allowed in General Commercial Districts;

      (7)   Business or administrative offices, studios, medical clinics and laboratories;

      (8)   Financial institutions, including drive-up services;

      (9)   Signs as regulated in § 155.051;

      (10)   Indoor recreation or amusement establishments;

      (11)   Business, vocational and public schools not involving outdoor industrial operations;

      (12)   Churches, undertaking establishments and funeral homes;

      (13)   Wholesale and distribution centers that are conducted entirely within a building; and

      (14)   On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and structures.

   (C)   Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with the provisions contained § 155.073.

      (1)   Electrical receiving or transforming stations.

      (2)   Public utility substations, service yards and pumping stations subject to § 155.004(A)(3).

      (3)   For any proposed business not having access to a commercial, industrial or highway service street as permitted under division (B) above.

      (4)   Gasoline service and filling stations, and activities associated with filling stations when those activities are conducted entirely within an enclosed building, as regulated in § 155.052.

      (5)   An accessory apartment. (See definition.) The use permit will be subject to the following criteria.

         (a)   An accessory apartment would not be allowed as an accessory to eating or drinking establishments.

         (b)   The accessory apartment would be required to have its own entrance and that apartment shall have to meet all fire and life safety codes.

         (c)   The commercial character of the structure must be maintained (e.g. all satellite dishes be roof mounted or mounted off of the facade).

         (d)   The business must be opened within the first six months of the accessory apartment certificate of occupancy to meet the criteria of the use permit. The goal is to have a business in place if someone is living on the property and have commercial vacancies no longer than six months (including off-season use).

      (6)   Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.

   (D)   Uses not permitted. The following groups, occupancies or uses are expressly disallowed in the MXD-I District:

      (1)   Structures over three stories or 60 feet average roof height;

      (2)   Manufactured homes;

      (3)   Manufactured home parks;

      (4)   Manufactured home sales, service and repair facilities;

      (5)   RV parks, travel parks or campgrounds;

      (6)   Self-storage facilities, except those provided in conjunction with approved residential uses;

      (7)   Any open storage or fenced open storage for the storage, display or sale of used, repossessed or traded-in merchandise, including sand and gravel storage and sales;

      (8)   Junkyards, salvage operations or storage of wrecked, junked or inoperable vehicles or equipment; and

      (9)   Under no circumstances shall an adult oriented business be permitted in this district.

   (E)   Area regulations. The following requirements shall apply to all uses permitted in this district.

      (1)   Front yard. No structures shall be constructed closer than 25 feet from any property line abutting a street right-of-way.

      (2)   Side yard.

         (a)   Side yard setbacks shall be no less than ten feet from the property line for any single-story structure including any side driveway or parking area thereof.

         (b)   Side yard setbacks shall be no less than 12 feet from the property line for any two-story structure.

         (c)   Side yard setback shall be no less than 25 feet from the property line for any structure greater than two stories in height.

      (3)   Rear yard.

         (a)   Residential structures; minimum 25 feet from the rear property line.

         (b)   Commercial structure: minimum ten feet from the rear property line. Where a commercial business is serviced from the rear there shall be adequate space provided for off-alley parking of delivery vehicles.

      (4)   Lot widths and areas.

         (a)   Lots for commercial uses shall have a minimum lot width at the front building line of not less than 75 feet, and a lot area of not less than 10,000 square feet, except for home occupations approved as a use permitted on review in accordance with § 155.073.

         (b)   Lots utilized for multiple-family dwellings shall have a minimum lot width at the front building line of not less than 100 feet, and a total area of 6,000 square feet plus an additional 1,500 square feet for each dwelling unit.

      (5)   Maximum lot coverage (including all primary and accessory structures).

         (a)   Residential uses: 30%.

         (b)   Other uses: 40%.

   (F)   Off-street parking. As regulated in § 155.049.

   (G)   Signs. As regulated in § 155.051.

   (H)   Landscape requirements. As required in § 155.045.

(Prior Code, § 27-A-04-05)

   (A)   General description. This district is established for the accommodation of those herein specified retail and business service activities that typically may be located and grouped along a major street or about a major street intersection.

   (B)   Uses permitted. The following uses shall be permitted in the Highway Service District:

      (1)   Motels;

      (2)   Restaurants and eating establishments, including drive-ins;

      (3)   Service stations and garages for running repairs as regulated in § 155.052;

      (4)   Souvenir shops and curio shops;

      (5)   Building material sales;

      (6)   Garden centers, greenhouses and nurseries;

      (7)   New and used car and truck sales;

      (8)   Farm implement and machinery, new and used sales;

      (9)   Financial institutions;

      (10)   Churches;

      (11)   Trucks, trailers for hauling, rentals and sales, U-Haul types;

      (12)   Motorcycle sales, repairs and services;

      (13)   Monument sales;

      (14)   Animal hospitals, kennels and any outdoor keeping of animals shall be subject to the following requirements.

         (a)   Outdoor runs shall maintain a minimum setback of 40 feet from all property lines, and 100 feet from residential uses.

         (b)   The clinic facility shall be constructed and operated in such a manner as to minimize the transmission of sound to neighboring properties.

         (c)   Fenced outdoor runs and exercise areas shall be used only during normal business hours, and shall be screened in accordance with § 155.045.

      (15)   Sales of prefabricated and shell houses;

      (16)   Auction houses;

      (17)   Manufactured home sales and service;

      (18)   Taxidermists;

      (19)   Undertaking establishments and funeral home;

      (20)   Outdoor advertising as regulated in § 155.051;

      (21)   Recreational uses such as amusement parks, bowling alleys and ice and roller skating rinks;

      (22)   Archery ranges, miniature golf courses and other similar outdoor recreational uses;

      (23)   Public parks;

      (24)   Open storage uses which shall comply with the following provisions.

         (a)   All open storage and display of merchandise, material and equipment shall be screened by a solid opaque fence a minimum of six feet in height at the lot line which abuts any residential district. If this is not adequate to screen the view of storage and display, the Zoning Administrator is authorized to require additional landscaping or any other buffer technique.

         (b)   If the open storage is the primary use of the lot, and not in association with a retail store, showroom, warehouse, commercial building and the like, on the same lot, a solid fence a minimum of six feet in height shall be provided for all storage areas with the exception of lots where the primary use is the storage and parking of RVs and boats, in which case the fence is not required provided the RVs and boats being stored are not junked nor inoperable.

         (c)   All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

         (d)   Driveways used for ingress and egress shall not exceed 25 feet in width, exclusive of curb returns.

         (e)   Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

      (25)   Manufactured home parks presently licensed by the city will remain in the district until a change of use occurs;

      (26)   Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce noise, dust, odor or vibration;

      (27)   Two-family and multiple-family dwellings;

      (28)   Tank storage of bulk oil and gasoline and the mixture of bulk storage of illuminating or heating gas, subject to the proper precautions as to location to prevent fire and explosion hazards;

      (29)   Small scale contractor operations;

      (30)   Recreational vehicles (RV) parks and campgrounds;

      (31)   Cannabis dispensary (subject to § 155.058);

      (32)   Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.

   (C)   Uses permitted on review. Uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district may be permitted on review by the governing body in accordance with provisions contained in § 155.073.

      (1)   Adult oriented businesses; definitions. For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         ADULT ARCADE. Any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

         ADULT BOOKSTORE OR VIDEO STORE. A commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas; instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.

         ADULT CABARET. Any nightclub, bar, restaurant or other similar commercial establishment that regularly features:

            1.   Persons who appear in a state of nudity or semi-nudity;

            2.   Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities; and/or

            3.   Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.

         ADULT MOTION PICTURE THEATER. A commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

         ADULT ORIENTED BUSINESS. Any adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.

         ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

         MASSAGE ESTABLISHMENT. An establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This definition does not apply to:

            1.   Physicians;

            2.   Podiatrists;

            3.   Registered nurses or licensed practical nurses;

            4.   Physician assistants;

            5.   Certified nurse practitioners and certified nurse midwives;

            6.   Physical therapists;

            7.   Athletic trainers;

            8.   Massage therapists; or

            9.   Chiropractors.

         NUDE MODEL STUDIO. A place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. The term NUDE MODEL STUDIO does not include a proprietary school that is licensed by this state, a college or a university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:

            1.   A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing;

            2.   A student must enroll at least three days in advance of a class in order to participate; and

            3.   No more than one nude or seminude model is on the premises at anytime.

         PLACE OF WORSHIP. A structure where persons regularly assemble for worship, ceremonies, rituals and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs or architectural or other features.

         RESIDENCE. A permanent dwelling place.

      (2)   Location of adult oriented business restricted; violation as misdemeanor. No adult oriented business established after the effective date, may be located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship. An adult oriented business lawfully operating in conformity with this section does not violate this section if a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship subsequently locates within one-fourth mile of the adult oriented business. A violation of this section is a Class 2 misdemeanor. Each day of violation constitutes a separate offense.

      (3)   Hours of operation of certain adult oriented businesses; violation as misdemeanor. No adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater or nude model studio may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday. A violation of this section is a Class 2 misdemeanor. Each day of violation constitutes a separate offense.

      (4)   Adult oriented uses. Adult oriented uses are limited entirely to the Highway Service Zone.

      (5)   Action to enjoin violations. If there is reason to believe that a violation of division (C)(3) above is being committed in any county or city, the state’s attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen’s own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.

   (D)   Non-permitted use.

      (1)   Under no circumstances shall manufactured homes or manufactured home parks be permitted in this district, with the exception that manufactured home may serve as a sales office in conjunction with a manufactured home sales and service establishment.

      (2)   Under no circumstance shall vehicle or equipment repair facilities, private or public, operate salvage operations of vehicles or vehicle parts except as permitted in accordance with § 155.004(A)(5).

   (E)   Area regulations. The following requirements shall apply to all uses permitted in this district.

      (1)   Lot area. There shall be a lot area of not less than 10,000 square feet.

      (2)   Side yard. Distance to interior property lines shall be not less than ten feet; where a commercial building is serviced from the side there shall be provided a distance of 30 feet to the interior property line.

      (3)   Front yard. All lots fronting on an arterial street shall have a building setback of not less than 35 feet from the lot line.

      (4)   Rear yard. Each lot shall have a rear yard of not less than ten feet; where a commercial building is serviced from the rear there shall be provided a rear yard of not less than 30 feet; the depth of a rear yard which abuts a street or a residential district shall not be less than 50 feet.

      (5)   Lot width. Each lot shall have a width at the front building line of not less than 75 feet.

      (6)   Maximum lot coverage. The maximum lot area which may be covered by a principal and accessory building shall not exceed 40%.

   (F)   Height restrictions. No principal building or structure shall exceed three stories or 35 feet in height except as provided in § 155.047. No accessory building or structure shall exceed one story or 20 feet in height.

   (G)   Off-street parking. § 155.049.

   (H)   Screening and landscaping. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition as required in § 155.045.

(Prior Code, § 27-A-04-06) (Ord. 1232, passed 7-6-2021; Ord. 1235, passed 10-4-2021)

   (A)   General description. The General Industrial District (GI) is established to provide areas in which the principal use of land is for light manufacturing and assembly plants, processing, storage, warehousing, wholesaling and distribution in which operations are conducted so that noise, odor, dust and glare are completely confined within an enclosed building.

   (B)   Uses permitted. Property and buildings in the General Industrial District (Gl) shall be used only for the following purposes:

      (1)   A retail and service use only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

      (2)   No residential use, except sleeping facilities required by a caretaker or night watchman employed on the premises shall be permitted in the General Industrial District (GI);

      (3)   Business signs as regulated in § 155.051;

      (4)   Building material sales yard and lumberyards, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or a transit mix plant;

      (5)   Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors;

      (6)   Freighting or trucking yard or terminal;

      (7)   Outdoor storage facilities for coal, coke, building materials, sand, gravel, stone, lumber; open storage or construction contractor’s equipment and supplies shall be screened by a seven-foot obscuring fence, wall or mass plantings, or otherwise so located as not to be obnoxious to the orderly appearance of the district;

      (8)   Public utility substations, service yards and pumping stations, electrical receiving or transforming stations, subject to § 155.004(A)(3);

      (9)   Auction house, except for sale of livestock;

      (10)   Tire recapping or retreading; and

      (11)   The following uses when conducted within a completely enclosed building:

         (a)   The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products;

         (b)   The manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, rubber, textiles, tin, iron, steel, wood (excluding saw mill), yarn and paint not involving a boiling process;

         (c)   The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas;

         (d)   The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like;

         (e)   The manufacture of musical instruments, toys, novelties, rubber and metal stamps;

         (f)   Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;

         (g)   The sale, storage and sorting of junk, waste, discarded or salvaged materials, machinery or equipment, but not including processing;

         (h)   Blacksmith shop and machine shop;

         (i)   Foundry casting lightweight nonferrous metal not causing noxious fumes or odors;

         (j)   Planing mill;

         (k)   Wholesale or warehouse enterprise; and

         (l)   Buildings, structures and uses accessory and customarily incidental to any of the above uses.

   (C)   Uses permitted on review. All of the following uses are declared to be special uses and a use permit may be authorized by the governing body for the location and operation thereof in the General Industrial District (GI) in accordance with § 155.073:

      (1)   Acid manufacture;

      (2)   Blast furnace or coke oven;

      (3)   Cement, lime, gypsum or plaster of Paris manufacture;

      (4)   Distillation of bones;

      (5)   Drop forge industries manufacturing forging with power hammers;

      (6)   Explosives, manufacture or storage;

      (7)   Fat rendering, except as an incidental use;

      (8)   Fertilizer manufacture;

      (9)   Garbage, offal or dead animals reduction or dumping;

      (10)   Glue manufacture;

      (11)   Ore reduction;

      (12)   Paper and pulp manufacture;

      (13)   Processing of junk (junkyard), waste, discarded or salvaged materials, machinery or equipment, including automobile wrecking or dismantling, as regulated in § 155.004(A)(5);

      (14)   Refuse dumps;

      (15)   Rock, sand or gravel, or earth excavation, crushing or distribution;

      (16)   Saw mill;

      (17)   Slaughter of animals including poultry killing or dressing;

      (18)   Smelting of tin, copper, zinc or iron ores;

      (19)   Stockyards or feeding pens;

      (20)   Tannery or the curing or storage of raw hides;

      (21)   Acetylene gas manufacture or bulk storage;

      (22)   Business signs as regulated in § 155.051;

      (23)   Alcohol manufacture;

      (24)   Ammonia, bleaching powder or chlorine manufacture;

      (25)   A retail or service use only when it serves directly or is auxiliary to the needs of industrial plants or employees thereof;

      (26)   Asphalt manufacture or refining;

      (27)   Boiler works;

      (28)   Brick, tile or terra cotta manufacture;

      (29)   Chemical manufacture;

      (30)   Concrete or cement products manufacture;

      (31)   Freight, terminal (railroad);

      (32)   Iron, steel, brass or copper foundry or fabrication plant;

      (33)   Paint, oil, shellac, turpentine, varnish or enamel manufacture;

      (34)   Plastic manufacture;

      (35)   Power plant;

      (36)   Quarry or stone mill;

      (37)   Railroad repair shops;

      (38)   Rolling mill;

      (39)   Soap manufacture;

      (40)   Tar distillation or tar products manufacture;

      (41)   Tank storage of bulk oil and gasoline and the mixture of bulk storage of illuminating or heating gas, subject to the proper precautions as to location to prevent fire and explosive hazards.

         (a)   In general, those uses which may be obnoxious or offensive by the reason of emission or odor, dust, smoke, gas, noise, vibration and the like and not allowed in any other district; provided, however, that any use not specified herein shall be approved by the governing body.

         (b)   Buildings, structures and uses accessory and customarily incidental to any of the above uses.

   (D)   Nonpermitted use. Under no circumstances shall manufactured home or manufactured home parks be permitted in this district.

   (E)   Area regulations. The following requirements shall apply to all uses permitted in this district.

      (1)   Lot area. Any principal use together with all accessory uses shall be located on a lot having a minimum area of 20,000 square feet.

      (2)   Front yard. All buildings shall be set back from all street right-of-way lines not less than 25 feet.

      (3)   Side yard.

         (a)   No building shall be located closer than 25 feet to a side yard lot line.

         (b)   The width of a side yard which abuts a residential district shall be not less than 50 feet.

      (4)   Rear yard.

         (a)   No building shall be located closer than 25 feet to the rear lot line.

         (b)   The depth of a rear yard which abuts on a residential district shall be not less than 50 feet.

      (5)   Coverage. Main and accessory building and off-street parking and loading facilities shall not cover more than 75% of the lot area.

   (F)   Height regulations. No building or structure shall exceed five stories or 60 feet in height, except as hereinafter provided in § 155.047.

   (G)   Minimum off-street parking and loading requirements. As regulated in § 155.049.

   (H)   Screening and landscaping. As regulated in § 155.045.

(Prior Code, § 27-A-04-07)

   This district is for the protection of drainageways to permit the unimpeded flow of surface run-off without endangering life and health or causing property damage due to flooding and is regulated in accordance with Chapter 153, Flood Hazard Reduction.

(Prior Code, § 27-A-04-08)

   (A)   General description. This status is applicable to certain lands in which the construction of permanent structures is prohibited pending study and survey of the lands involved by the governing body. The status is a temporary designation for the purpose of permitting proper investigation and study of land uses in lands composing this status. The status shall be applied to newly annexed land area and lands re-zoned for business in which no development has occurred for a specified period after re-zoning.

   (B)   Newly annexed lands. All lands annexed by the city shall, upon annexation, be placed in a “NU” status until the governing body has completed an investigation and study of proposed land use of the area. Upon the acceptance of a petition for annexation of an area to the city by the governing body, the property owner of such area may request from the governing body an investigation and study of such area. In the event that an ordinance annexing an area has become effective without such investigation and study, the governing body shall investigate and take action within 120 days after the effective date of the annexation. In no event shall lands newly annexed to the city be retained in “NU” status for a period in excess of one year from the effective date of annexation.

   (C)   Land remaining undeveloped for two years after business re-zoning. 

      (1)   Lands rezoned for business use after the effective date hereof shall revert to “NU” status in the event that within two years from the effective date of such zoning:

         (a)   Such land is not devoted to permitted uses; or

         (b)   The construction of improvements for a permitted use has not been commenced as evidenced by the issuance of a building permit and construction pursuant thereto.

      (2)   In the event that land for business use does not revert to “NU” status two years from the effective date of zoning issued for the construction of improvements on such land, and such building permit thereafter expires, such land shall revert to “NU” status.

   (D)   Procedure on reversion. As land reverts to “NU” status, the governing body shall make an investigation and study of proper land use thereon and shall initiate action within 60 days. In no event shall lands reverting to “NU” status be retained in this status for a period in excess of 180 days.

   (E)   Building permits. Until an NU District is zoned under this section the city shall not issue building permits in this district.

(Prior Code, § 27-A-04-09)

   Central to the district is the municipal golf course lying within the district. Any use determined by the governing body to be appropriate to this district is permitted.

(Prior Code, § 27-A-04-10) (Ord. 1032, passed 4- -2008)

   (A)   Purpose and intent. The city, recognizing the developer’s intent to preserve the natural landscape and pristine vistas of the Southern Black Hills, embraces the concept of this experimental mountainous golf course subdivision. This concept maximizes the use of the natural topography, natural landscape and natural drainages to reduce the human footprint in this development.

      (1)   In keeping with the spirit of the city’s Comprehensive Plan regarding land use, recreation and housing development, and the goal of preserving the natural beauty of the forested hills, the following has been provided to achieve minimum impact construction and development while providing a reasonably safe living environment:

         (a)   Reducing right-of-way widths to lessen the impact to the natural environment and lessening the need for extensive erosion and sediment control measures;

         (b)   Utilizing a street design that reduces the need for curb and gutter, while at the same time providing improved storm water percolation to reduce storm water erosion;

         (c)   Encouraging landowners to provide circle or turn-a-bout driveways in order to eliminate cul-de-sacs at closed-end streets, further reducing the paved footprint and reducing construction costs; and

         (d)   Eliminating the roadside sidewalk requirement due to the decreased population and housing density, thus avoiding the disruption of the natural landscape along the pristine roadways.

      (2)   This district will provide for medium residential development density. The principal uses of land range from residences to uses which are functionally compatible with residential uses. Other related uses in keeping with the residential character of the district may be permitted on review by the governing body. Business, commercial and industrial uses are generally incompatible with the uses permitted in this district.

   (B)   Permitted principal and accessory structures. Property and buildings in the Golf Course Residential “A” (GCRA) area shall be used only for the following purposes:

      (1)   Single-family dwellings;

      (2)   Two-family dwellings, two-family townhomes and two-family condominiums;

      (3)   Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work;

      (4)   Transportation and utility easements, alleys, golf cart paths, pedestrian and non-motorized transportation paths, and rights-of-way;

      (5)   Accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business; any accessory building shall be located on the same lot with the principal building;

      (6)   Signs, as regulated in § 155.051; and

      (7)   In ground swimming pools, pool houses and related structures, in the back yards only, as regulated by building codes.

   (C)   Uses permitted on review. The following may be permitted on review by the governing body in accordance with provisions contained in § 155.073:

      (1)   Multiple-family dwellings, townhomes and condominiums;

      (2)   Historical monuments or structures;

      (3)   Public utilities, substations and pumping stations, subject to § 155.004(A)(3);

      (4)   Executive type golf courses, without clubhouses;

      (5)   Home occupations as regulated in § 155.053;

      (6)   Daycare facilities as regulated in § 155.004(A)(4);

      (7)   Foster homes;

      (8)   Satellite dishes greater than 24 inches in diameter;

      (9)   Towers or antennas;

      (10)   Unattached garages; and

      (11)   Public parks, playgrounds and playfields, greenways and walkways, and municipal buildings and uses in keeping with the character and requirements of the district.

   (D)   Area regulations. All buildings shall be set back from street right-of-way lines and lot lines to comply with the following line requirements.

      (1)   Front yard.

         (a)   For single-family, two-family and multiple-family dwellings, the minimum depth of the front yard shall be 25 feet and in no case shall an accessory building be located to extend into the front yard.

         (b)   Other main and accessory buildings, other than dwellings, shall have a front setback of 35 feet.

      (2)   Side yard. For single story dwellings, located on interior lots, and for unattached buildings or accessory uses, side yards shall be not less than 15 feet in width.

      (3)   Rear yard. For all structures, there shall be a rear yard of not less than 35 feet.

      (4)   Lot width.

         (a)   For single-family dwellings there shall be a minimum lot width of 50 feet at the front building line.

         (b)   For two-family dwellings there shall be a minimum lot width of 75 feet at the front building line.

         (c)   For multiple-family dwellings there shall be a minimum lot width of 100 feet at the front building line.

      (5)   Intensity of use.

         (a)   For each single-family dwelling and building accessory thereto, there shall be a lot area of not less than 0.35 acre.

         (b)   For each two-family dwelling, two-family townhome or two-family condominium, there shall be a lot area of not less than 0.45 acre.

         (c)   For multiple-family structures, townhomes and condominiums, there shall be a lot area of not less than seven-tenths acre, and in no case shall there be less than 2,000 square feet of open space per dwelling unit, townhome unit or condominium unit.

         (d)   For other main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in § 155.049.

      (6)   Maximum lot coverage. Main and accessory buildings shall cover not more than 30% of the lot area.

   (E)   Usable open space. For multiple-family structures there shall be usable open space provided for each dwelling unit of less than 1,300 square feet. Open space does not include drives, parking and service areas.

   (F)   Height regulation. No main building shall exceed two stories or 35 feet in height, except that no structure fronting on the golf course shall exceed one story in height except as provided in § 155.047.

   (G)   Off-street parking. As regulated in § 155.049.

(Prior Code, § 27-A-04-11) (Ord. 1032, passed 4- -2008)

   (A)   General description. Central to this district is the municipal golf course lying within, adjacent to, or near the district. This golf course commercial district is for limited personal and business services and general business activity.

   (B)   Uses permitted. The following uses shall be permitted in the Golf Course Commercial District:

      (1)   Eating and drinking establishments, but not including drive-in establishments;

      (2)   Hotels, motels and if located in or as a part of such hotel or motel, such businesses as may commonly be found in hotels or motels, such as barber/beauty shops, gift shops, swimming, exercise and spa facilities open to patrons and non-patrons of such hotel or motel;

      (3)   Lodges and bed and breakfast establishments, and if located in or as a part of such lodge or bed and breakfast establishment, gift shops, swimming, exercise and spa facilities open to patrons and non-patrons of such lodge or bed and breakfast facility;

      (4)   Parking lots;

      (5)   Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work;

      (6)   Transportation and utility easements, alleys, golf cart paths, pedestrian and non-motorized transportation paths, and rights-of-way;

      (7)   On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and structures; and

      (8)   Dwelling units in multi-storied structures wherein the street or ground floor level is occupied by one of the permitted retail or business services enumerated above.

   (C)   Uses permitted on review. Uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district may be permitted on review by the governing body in accordance with provisions contained in § 155.073.

   (D)   Non-permitted uses. Under no circumstances shall manufactured homes or manufactured home parks be permitted in this district.

   (E)   Area regulations. The following requirements shall apply to all uses permitted in this district.

      (1)   Front yard. None.

      (2)   Side yard. No side yard is required except that the width of a side yard which abuts a residential district shall be not less than 25 feet.

      (3)   Rear yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in depth. The depth of a rear yard which abuts a residential district shall be not less than 15 feet. In all other cases, no rear yard is required.

      (4)   Maximum lot coverage. Main and accessory buildings shall cover not more than 80% of the lot area.

   (F)   Height regulations. No building or structure shall exceed five stories or 60 feet in height except as provided in § 155.047.

   (G)   Off-street parking. As regulated in § 155.049.

   (H)   Landscape requirements. As regulated in § 155.045

(Prior Code, § 27-A-04-12) (Ord. 1032, passed 4- -2008)

   (A)   Intent. It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for Planned Unit Development (PUD) District projects in order to:   

      (1)   Encourage well-planned efficient development;

      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures;

      (3)   Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets;

      (4)   Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems and scenic areas;

      (5)   Protect sensitive areas and areas with restrictive soils conditions within development areas through clustering of uses on land more suitable for building;

      (6)   Reserve adequate public right-of-way within the development areas for the eventual extension of arterial and collector streets, including proper width and spacing of such streets; and

      (7)   Improve communication and cooperation among county, city, land developers and interested residents in the development of agricultural land and redevelopment of existing areas.

   (B)   Procedure. It is not the intent of the PUD to accommodate or encourage the development of isolated small tracts of land where adjoining parcels are not considered within an overall development scheme.

      (1)   Initial development plan. When a petitioner wants to request a zoning or rezoning to the PUD, that company/person shall submit a request to the Development Coordinator, showing the information specified in division (C) of this section, a minimum of 30 days prior to the Planning and Zoning Commission meeting at which consideration is desired. After the PUD request has been reviewed, the Commission shall make a recommendation to approve or to deny the request. This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in § 155.074 of this chapter. No permit shall be issued within the development until the final development plan is approved and the plat filed.

      (2)   Final development plan.

         (a)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in division (D) of this section to the Planning and Zoning Commission for review and to make its recommendation to City Council.

         (b)   The final development may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular area.

      (3)   Amendments.

         (a)   Major amendments. Major amendments to the initial and/or final development plans shall be required to be approved as an amendment to the zoning regulations, requiring Planning and Zoning Commission and City Council approval.   

         (b)   Minor amendments. Minor amendments to the initial and/or final development plans shall be required to be approved by the Planning and Zoning Commission at a hearing. Notice of such hearing shall be given by the posting of a sign on the property. Minor amendments to the initial development plan may also be made by the submission and approval of a separate final development plan which is changed from the approved initial development plan. Any such amendments shall be shown as a change from the initial development plan on the final development plan and be submitted 30 days prior to the next scheduled Planning and Zoning Commission meeting to allow for noticing required for a public hearing.   

         (c)   Minimal amendments. Minimal amendments to the final development plan shall be submitted to the Planning and Zoning Commission on a reproducible development plan showing the requested changes ten days prior to the next scheduled Planning and Zoning Commission meeting. The Commission may then approve the minimal change in writing, if they deem it appropriate.   

   (C)   Initial development plan. Upon application for rezoning to the PUD District, the petitioner shall present an initial development plan to the Planning and Zoning Commission for review and/or approval showing the following information:

      (1)   Project name and legal description of the property;

      (2)   A preliminary subdivision plan, over a rough topography map; and

      (3)   The proposed development scheme showing the following information:

         (a)   The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage;

         (b)   The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses except where unique physical, environmental or design characteristics make such densities undesirable;

         (c)   The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such densities undesirable;

         (d)   The proposed maximum height which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such densities undesirable;

         (e)   Proposed design features illustrating compatibility to the surrounding environment and neighborhood;

         (f)   Anticipated subarea development sequence; and

         (g)   Proposed road layout and design conforming to engineering requirements in Chapter 154 of this title; and

         (h)   Approximate location for water, sewer and utilities.   

   (D)   Final development plan. Prior to construction on any lots in the PUD District, the petitioner shall present a final development plan to the Planning and Zoning Commission for their review and recommendation to City Council. No construction may commence until the final approval from the City Council. The final development plan shall show the following information:   

      (1)   The subdivision name, the property’s legal description and the individual project name (if any);

      (2)   Boundaries of the subarea(s) submitted for approval superimposed on the map of the initial development plan;

      (3)   A subdivision plat of the subarea(s) submitted for approval, prepared by a licensed surveyor in the state; and   

      (4)   A 1:40 scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:

         (a)   Size and location of proposed structures including height and number of units;

         (b)   Calculated floor area for each structure and a generic listing of uses within said structure;

         (c)   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces and any outdoor trash container spaces;

         (d)   Any sidewalks, bikeways or other paths;

         (e)   Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees and shrubs, and berms in areas that will be sodded or seeded;

         (f)   All existing and proposed utilities, drainage ways, watercourses and location of above ground existing utilities on adjacent properties. Meets standards for sedimentation/erosion control per Chapter 152 of this title;

         (g)   Proposed final topography;

         (h)   Existing and proposed uses adjacent to the area;

         (i)   Documentation of ownership and maintenance responsibility of any common open spaces, structures, or facilities including private streets;

         (j)   Any subareas proposed for multiple residential development will be encouraged to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve. Access and improvements to the land will be shown;

         (k)   Roadway alignment, sections, right-of-way widths per city engineering requirements; and

         (l)   Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as part of the final development plan. For example: minimum parking requirements for type of § 155.049 of this chapter.

   (E)   Amendments.

      (1)   The following changes in initial and/or final development plan are considered major amendments:

         (a)   Any change in the proposed land use;

         (b)   Any major change in the street pattern; and

         (c)   A change in density of +/- 25%.

      (2)   The following changes in initial and/or final development plan are considered minor amendments:

         (a)   Any adjustment in the size or shape of the building envelop (increasing the height or changing the setback);

         (b)   Change in density of +/- 10%;

         (c)   Any decrease to the size of required open spaces; and

         (d)   A minor change in street alignment.

      (3)   The following changes in initial and/or final development plan are considered minimal amendments:

         (a)   Any adjustment of a building within a previously established building envelope; and

         (b)   A change in density of +/- 5%.

   (F)   Planned Unit Development Districts shall be enumerated.

      (1)   PUD #1 Mammoth Site.

         (a)   1.   This Planned Unit Development is intended to provide flexibility from conventional zoning and encourage more creative, high-quality educational design with special consideration given to projects which fit with the Educational and Research Mission of The Mammoth Site of Hot Springs and its future growth as a learning center. The Mammoth Site PUD incorporates multi-room housing (dormitories) and commercial buildings (classrooms). The Mammoth Site is currently being replotted into a 9.5 plus acre Educational and Research Zone, combining the 50 plus individual lots into one tract that presently make up the Mammoth Site Campus. The newly formed PUD will be formed between Highway 18 By-Pass and Detroit Avenue, with 19th Street and Mammoth Street (a non-existent street) closing out the boundaries.

            1.   Classroom;

            2.   Dormitory;

            3.   Exhibits/research;

            4.   Food service;

            5.   Current operations;

            6.   Parking lots;

            7.   Temporary buildings for uses incidental to construction work, which structures shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work;

            8.   Transportation and utility easements, alleys, cart paths, pedestrian and transportation paths, and rights-of-way;

            9.   On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly identical to permitted or permissible uses and structures;

            10.   Dwelling units in multi-storied structures.

            1.   Front yard   10'

            2.   Side yard   10'

            3.   Rear yard   10'

            4.   Two-story or more structure/side yard setback   12'

            1.   a.   Off-street parking shall be either on the same lot or within 200 feet of the campus. It is measured from the nearest point of the building to the nearest point of the street parking lot, without crossing any major thoroughfare.

               b.   In cases of shared off-street parking, the Zoning Administrator may grant an exception when the applicant can show no negative impact on the surrounding neighborhood.

            2.   Off-street parking space shall consist of:

               a.   A parking lot, driveway, garage or combination thereof and shall be located on the lot they are intended to serve; and

               b.   Adequate provisions for the off-street parking of any RV, camper, trailer, boat, or other seasonal recreation vehicles.

            3.   Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.

            4.    Off-street parking existing on the effective date of this chapter in connection with the operation of the existing campus shall not be reduced to an amount less than hereinafter required for a similar new building or use.

            5.   Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall be not less than the sum of the requirements for several individual uses computed separately.

            6.   The required off-street parking shall be for occupants, employees, visitors, and patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles on such parking areas is prohibited.

      (2)   PUD #2 Martin Tracts 1 and 2.

         (a)   1.   The Planned Unit Development (PUD) is intended to provide healthy and comfortable housing to accommodate the growing population of Hot Springs. Martin Tract 1 is approximately 4.5 acres. The owner is proposing to develop five two-family townhomes, three single-family homes and a small community park on Martin Tract 1. Martin Tract 2 is approximately 2.4 acres. The owner is proposing to develop five townhomes on Martin Tract 2.

            2.   The PUD conforms to a majority of the Golf Course Residential A District’s zoning requirements. The PUD is seeking some exceptions to the zoning requirements in order to accommodate the proposed scope due to the unique shape of Martin Tract 2 which is impeded by the “Entrance Tract West” adjacent to its southwest corner and an existing manhole in the south of the tract.

            1.   Single-family dwellings.

            2.   Two-family dwellings, two-family townhomes and two-family condominiums.

            1.   Most of the proposed structures conform to the property setback requirements which include:

               A.   Front yard: 25 feet.

               B.   Side yard: 15 feet.

               C.   Rear yard: 35 feet.

            2.   The PUD is granting exceptions for the following lots on Martin Tract 2 due to the impediments on and adjacent to the tract and its resulting unique shape:

               A.   Lot 1: Rear setback of 25 feet (for covered rear decks only, enclosed area conforms to zone setbacks).

               B.   Lot 2: Rear setback of 25 feet (for covered rear decks only, enclosed area conforms to zone setbacks).

               C.   Lot 4: Rear setback of 23 feet, side yard setback of 9 feet (for small portion of covered porches, rear decks and 2 feet of enclosed structure).

               D.   Lot 5: Side-yard setback of 10 feet and front yard setback of 21 feet (for small portion of covered rear deck and covered porch only, enclosed area conforms to zone setbacks).

            1.   Every proposed two-family townhouse property shall have at the required minimum lot width of 75 feet at the front building line.

            2.   Every proposed single-family dwelling property shall have the required minimum lot width of 100 feet at the front building line.

            1.   Lot 1: 34% lot coverage.

            2.   Lot 2: 33% lot coverage.

            3.   Lot 3: 38% lot coverage.

            1.   Lot 1: .38 acres (two-2 family townhouse).

            2.   Lot 2: .39 acres (two-family townhouse).

            3.   Lot 4: .34 acres (two-family townhouse).

            1.   On lots 13, 14 and 15 only, a detached garage or an additional dwelling unit shall be allowed in the rear yard up to 13 feet from the rear property line. Additional dwelling units shall be no more than 1,200 square feet and shall conform to the existing building height limitations. Additional dwelling units shall have at least one full bathroom that is a minimum of 30 square feet and shall include a minimum of one three-foot by three-foot standing shower. Additional dwelling units shall also have a kitchenette with a sink and stove top.

            2.   Detached garages shall be up to 1,200 square feet maximum. Additional dwelling units up to 1,200 square feet may be above a first story garage.

(Ord. 1198, passed 4-15-2019; Ord. 1210, passed 4-6-2020; Ord. 1251, passed 11-20-2023)

      (1)   It shall be the duty of the Airport Manager and/or the Development Coordinator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Manager upon a form furnished by the city. Applications which are by this section to be decided by the Airport Manager shall be considered in a timely manner and granted or denied.

      (2)   Applications for a new physical project shall be transmitted to the Airport Manager and then to the Development Coordinator. If the topic of the application involves a topic of a technical nature the project may be referred the Airport Advisory Committee for comments and recommendations. The Advisory Committee will make their recommendation to the Planning and Zoning Commission (PZC) for their review. The PZC recommendation will be sent to the City Council for its review and decision.

      (1)   For the purpose of this section, all of the land lying within the outer boundary of the zoned area of the airport is divided into the following zones and areas:

         (a)   Inner zone:

            1.   Landing area;

            2.   Inner areas of approach zones;

            3.   Transition zones.

         (b)   Outer zone:

            1.   Outer areas of approach zones;

            2.   Turning zones.

      (2)   The boundaries of these zones and areas are hereby established as shown on the airport zoning map, dated 7-30-2019, and on file in the office of the Development Coordinator. The boundaries of said zones and areas may be amended and supplemented from time to time by the Airport Advisory Committee and the PZC and approved by the City Council. The Airport Manager and Development Coordinator shall maintain said map up-to-date at all times.

      (1)   Before any existing use, or structure may be replaced, substantially altered, repaired or rebuilt, within any zone hereby created, an airport use permit must be secured authorizing such replacement, change or repair.

      (2)   No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, or to allow a structure or modification to become a greater hazard to air navigation than it was on the effective date of this zoning amendment.

      (3)   While evaluating the application the following information shall be considered:

         (a)   The actual or projected characteristics of the use in relationship to the uses and needs of the airport;

         (b)   The size and relative site area of the project and its conformance with the Airport Master Plan;

         (c)   The relative number of employees or customers generated by the activity;

         (d)   Hours of operation;

         (e)   Vehicles, equipment and utility needs of the proposed activity;

         (f)   Potential wildlife hazards associated with the activity.

      (1)   No permit shall be granted that would allow such structure to exceed the applicable height limit or otherwise deviate from the zoning regulations; and

      (2)   Whether application is made for a permit under this division or not, the Airport Manager may by appropriate action compel the owner of the nonconforming structure at his own expense, to lower, remove, or reconstruct such objects as may be necessary to conform to the regulations or, if the owner of the nonconforming structure shall neglect or refuse to comply with such an order after ten days’ notice, the Airport Manager may proceed to have the object so lowered, removed, or reconstructed and assess the cost and expense thereof upon the owner of the building whereon it is or was located.

      (a)   Transformer stations.

      (b)   High power transmission lines.

      (c)   Manufacturing establishments or other uses which produce smoke or steam interfering with the safe use of the airport.

      (d)   All plants and businesses of every kind which emit or discharge gases and odors that would interfere with the health or safety of the public in the use of the airport.

      (e)   Businesses or structures of any kind that may be detrimental or injurious to the health, safety, and general welfare of the public in the use of the airport.

         1.   No glare-producing materials shall be used on the exterior of any structure, including metal building materials, which are hazardous to aviation or could result in a glare in the vision of pilots using the airport.

         2.   There shall not be a display of signs or billboards which produce a flashing or blinking effect that could interfere with an aircraft or a pilot’s ability to identify airport lights, nor any lighting projected upward or mimicking runway edge lighting.

      (f)   Any other use which would create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the vision of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off or maneuvering of aircraft.

      (1)   Except as otherwise provided in this section, no structure or tree shall be erected, altered, allowed to grow or be maintained in any part of the inner or outer zones created by this section to a height in excess of the height limits hereby established for such zones.

      (2)   The height limits for each of the zones and areas created are hereby established as shown and noted on the Airport Layout Plan.

      (1)   Any person aggrieved or taxpayer affected, by any decision of the Airport Manager, made in his or her administration of this section, or any governing body of a political subdivision, is of the opinion that a decision of the Airport Manager is an improper application of these regulations, may appeal to the Hot Springs Airport Advisory Committee which in turn would make their recommendation to the Hot Springs City Council.

      (2)   The City Council shall fix a time for the hearing of the appeal, give public notice and due notice to the parties in interest and decide the same within a reasonable time.

      (3)   The City Council may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

      (1)   This zone provides for development around the airport that will allow the highest use of the land, yet will be compatible with airport operations.

      (2)   This zone limits or restricts the uses which are permitted for the zoning districts which lie within the boundaries of Airport Zone A. Any structural development must meet the criteria for height restrictions as well as compatibility.

      (1)   Aviation associated activity;

      (2)   Air terminals;

      (3)   Aircraft hangers;

      (4)   Runways, taxiways, aprons, and related lighting and air support apparatus;

      (5)   Airport administration and maintenance buildings and facilities;

      (6)   Airport security, rescue, and firefighting buildings and facilities;

      (7)   Aircraft repair and maintenance buildings and facilities;

      (8)   Fuel storage facilities and pumps;

      (9)   Commercial uses directly related to airport operations;

      (10)   Public gatherings in conjunction with an airport-related activity sponsored or approved by the Airport Manager;

      (11)   Air cargo facilities;

      (12)   Other related airport and municipal uses and structures;

      (13)   Municipal emergency response facilities;

      (14)   Agricultural uses provided they do not result in a concentration of birds or other wildlife, which poses a threat to aviation operations, or a visibility problem due to the height of vegetation;

      (15)   Any use which can meet the purposes and performance standards set forth for the respective zoning districts, but not specifically excluded or specifically mentioned as belonging in another less restrictive district.

      (1)   All residential dwellings;

      (2)   Auditoriums, concert halls, music shells, and outdoor theaters;

      (3)   Churches, schools, colleges, rest homes, retirement homes, and similar facilities;

      (4)   Hospitals and clinics;

      (5)   General public office buildings;

      (6)   Mortuaries, funeral homes and funeral chapels;

      (7)   Industrial and manufacturing establishments or other uses which produce smoke or steam interfering with the safe use of the airport;

      (8)   Any other use which would create electrical interference with radio communications between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, or result in a glare in the vision of flyers using the airport, impair visibility in the vicinity of the airport.

(Ord. 1201, passed 9-3-2019)