Hutchinson City Zoning Code

DISTRICT REGULATIONS

USE REQUIREMENTS AND RESTRICTIONS

§ 154.055 STRUCTURES IN R-1, R-2, R-3 AND R-4 DISTRICTS.

For all principal structures permitted in the R-1, R-2, R-3 and R-4 Districts, the following shall apply.

(A) The minimum width of the main portion of all principal dwellings shall be not less than 24 feet, as measured across the narrowest portion. Width measurement shall not take into account overhang or other projections.

(B) The structure shall have at least 720 square feet of habitable interior room excluding garage and basement.

(C) (1) All principal dwellings and principal structures shall be placed on a permanent continuous perimeter foundation in compliance with the Uniform Building Code as adopted by the city and insulated in accordance with state energy codes.

(2) Manufactured homes must provide the manufacturer’s approved foundation drawings. Homes manufactured after 11-29-1989, are not permitted to remove the frames unless approved by the State Manufactured Housing Division.

(D) The structure shall have a roof of gable or hip design and be covered with a city approved roofing material.

(E) Manufactured homes shall be constructed after 6-15-1976, and bear the HUD certification seal.

(F) Tongues on all manufactured homes shall be removed. Written approval to remove the frame and tongue from the manufacturer is required.

(G) Data plate and other information for the following is required for manufactured homes:

(1) Thirty-pound roof load design;

(2) Zone 2 heating design;

(3) Adequate furnace and water heater design to include the substructure. Option: separate heating supply for substructure;

(4) Approved tap-in locations for substructure water service;

(5) Three-inch vent through roof location for substructure per State Health Department;

(6) Electric interlocked smoke detector schematic; and

(7) Manufacturer’s design drawings for stairway location.

(H) (1) The following alterations of manufactured homes require manufacturer’s approval and State Manufactured Housing Division approval:

(a) Relocation of furnace or water heater; and

(b) Alteration of any structural components, including roof, walls and floor system, attaching garages and the like.

(2) A written statement from the applicant clarifying the above is required.

(2004 Code, § 154.055) (Ord. 464, passed 1- -1996)

§ 154.056 R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. The R-1 Residential District is intended to provide residential areas for development of single-family homes and complementary uses on larger parcels of land.

(B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached:

(1) Single-family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet, but larger than 240 square feet, are allowed by conditional use permit. Garages less than 240 square feet are not allowed;

(2) Parks and playgrounds;

(3) Licensed family day care as permitted by state law; and

(4) State licensed residential facilities serving six or fewer persons.

(1) Single-family houses not served by public sanitary sewer;

(2) Existing two-family homes (constructed and utilized as a two-family home prior to 1987 could become a legal conforming use through the conditional use process);

(3) Golf courses and related facilities;

(4) Churches and houses of worship and related facilities;

(5) Schools;

(6) Move structures larger than 200 square feet;

(7) Seasonal on-site sales (i.e., Christmas trees). Conditional use permit to be renewed every three years; and

(8) All licensed day care facilities which are not permitted principal uses under state law.

(D) Special provisions district.

(1) Home occupations according to the following conditions (as defined in § 154.004 of this chapter).

(a) No unreasonable use of materials or mechanical equipment not recognized as being part of and compatible with normal household use shall be permitted.

(b) The use shall not generate pedestrian or vehicular traffic beyond that reasonable or normal to the district in which located.

(c) It shall not involve the unreasonable or inappropriate use of commercial vehicles for delivery of occupational materials to or from the premises.

(d) No accessory building or space outside of the principal building shall be exclusively used for these purposes.

(e) No special space within the principal building shall be designed or arranged for this use so that it would require any major internal or external alterations or involve construction features not customary to dwellings (either by color, materials or construction, lighting, sound or noise, vibration or electrical interference, and the like).

(f) There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes.

(g) No employees, other than occupants of the principal use, shall be permitted.

(h) Home occupation shall cover no more than 25% of livable area excluding unfinished area.

(2) Home occupations shall not in any event be deemed to include:

(a) Barber shops or beauty shops;

(b) Funeral homes;

(d) Stable, kennel, animal grooming or veterinary hospitals; or

(e) Nursery schools or boarding homes for children.

(3) Replacement of existing non-conforming accessory buildings and driveways may be conditionally permitted; provided:

(a) The applicant provides the city with a rear and side yard utility and drainage easement as required by the city;

(b) The garage is 1,000 square feet or less and is not closer than three feet, zero inches, from any interior property line, in which case the overhangs must be less than one foot from building exterior. There shall be no recorded easement on the property in the setback area;

(c) A land survey, signed and designed by a registered land surveyor, is provided and approved representing property lines, easement locations and drainage and a site plan with the proposed building dimensions, finished floor elevations and setbacks from property lines;

(d) A waiver from utilities, telephone company and cable franchise; and

(e) Applicant shall provide a six-foot easement on opposite side and rear of property prior to issuance of conditional use permit. The city, at its sole option, may waive the six-foot rear yard setback requirement.

(4) Any structure, including accessory structures, for which a moving permit is requested except any building not exceeding ten feet in width or 12 feet in length and not being over ten feet in height, which are exempt from moving permits but require a building permit.

(E) Accessory uses.

(1) Detached garages as referenced in § 154.026;

(2) Utility sheds not exceeding 200 square feet;

(3) Gazebo or summer lawn-house; yard recreational equipment;

(4) Signs, as regulated in §§ 154.140 through 154.144 of this chapter; and

(5) Swimming pools or game courts designed for private use.

(F) Dimensional regulations.

(1) Required lot area, lot coverage and dimensions.

R-1 Use	Minimum Lot Area	Minimum Lot Width	Minimum Lot Depth
Single-family residence connected to public sanitary sewer Maximum lot coverage 50% (A survey will be required if calculations cannot be verified)	10,400 square feet	80 feet; for corner lot, 110 feet at building line	130 feet

(2) Setbacks, yards and heights.

(a) Structures.

R-1 Use	Front Setback	Inter. Side	Corner Side	Rear Yard	Building Height
Accessory structures, including detached garages*	30 feet	6 feet	30 feet	6 feet; 25 feet on double frontage lots	16 feet
Single-family house	30 feet	8 feet	30 feet	30 feet; 15 feet for corner lots	35 feet
NOTES TO TABLE: * Reference § 154.026

(b) Driveways. All residential districts shall require new driveways to be set back five feet from the side and rear property lines. If the driveway is being replaced, repaved or reconstructed and the driveway is located less than five feet, but three feet or more, from the property line, the driveway permit may be issued with a variance. The apron and curb cut shall be hard surfaced.

(c) Front street setback. The above listed setback and yard requirements are subject to the following additional requirement: when more than 40% of the frontage of the side of a street between intersections is occupied by structures having setbacks from street rights-of-way of greater or lesser amounts than hereinafter required, the average setback of all existing buildings between the intersections shall be maintained by all new or relocated structures. In the event a building is to be built where there is such an established average setback different from that required hereinafter and there are existing buildings on one side only, the front setback of the new building shall match that of the next adjoining building. In case the building is to be built where there is such an established average setback and there are existing buildings on both sides of the new building, the front setback shall match that which would be established by connecting a straight line between the forward most portion of the first adjacent building on each side.

(2004 Code, § 154.056) (Ord. 464, passed 1- -1996; Ord. 97-216, passed 1-13-1998; Ord. 01-298, passed 9-11-2001; Ord. 04-379, passed 6-8-2004; Ord. 05-0424, passed 2-28-2006; Ord. 07-0459, passed 3-13-2007; Ord. 13-0710, passed 7-9-2013; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999

§ 154.057 R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT.

(A) Purpose. The R-2 Medium Density Residential District allows single-family homes and complementary uses on land parcels that are smaller than those required in the R-1 District. Two-family buildings are also allowed.

(B) Permitted uses.

(1) Single-family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Single-family dwellings without garages or with garages less than 400 square feet are conditionally permitted. A conditional use permit is required;

(2) Two-family attached dwellings, duplexes, double bungalows. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet, but larger than 240 square feet, are allowed by conditional use permit. Garages less than 240 square feet are not allowed;

(3) Parks and playgrounds;

(4) Licensed family day care as permitted by state law; and

(5) State licensed residential facilities serving six or fewer persons.

(1) All conditional uses of the R-1 District;

(2) Replacement of existing non-conforming accessory buildings and driveways may be conditionally permitted; provided:

(a) The applicant provides the city with a rear and side yard utility and drainage easement as required by the city;

(d) A waiver from utilities, telephone company and cable franchise; and

(e) The applicant shall provide a six-foot easement on opposite side and rear of property prior to issuance of conditional use permit. The city, at its sole option, may waive the six-foot rear yard setback requirement.

(3) Licensed day care centers; licensed nursing homes;

(4) Private clubs, lodges and fraternal organizations;

(5) Public or quasi-public accredited educational institutions;

(6) Mortuaries or funeral homes; cemeteries or memorial gardens;

(7) Transportable or experimental single-family detached housing;

(8) Licensed boarding houses for the elderly; and

(9) Bed and breakfasts, subject to conditions of § 154.110 of this chapter;

(10) All licensed day care facilities which are not permitted principal uses under state law;

(11) By reservation special events space in owner occupied homes, subject to the following requirements:

(a) The property must be located within 500 feet of the C-3 (Central Commercial Zoning District);

(b) The residential character of the structure must be preserved;

(c) Food and beverages shall only be served or provided to event guests. The establishment shall comply with applicable health codes; and

(d) The specifics of the use shall be included in the conditional use permit, including the details of the proposed use, the maximum number of attendees, hours of events and parking accommodations.

(D) Special provision district. As in R-1 District.

(E) Accessory uses. All accessory uses of the R-1 District.

(F) Dimensional regulations.

(1) Required lot area, lot coverage and dimensions.

R-2 Use	Minimum Lot Area per Dwelling Unit	Minimum Lot Width	Minimum Lot Depth
Single-family residence connected to public sanitary sewer Maximum lot coverage 50% (A survey will be required if calculations cannot be verified)	8,400 square feet	70 feet; for corner lot, 90 feet at building line	120 feet
Two-family dwelling Maximum lot coverage 50% (A survey will be required if calculations cannot be verified)	5,000 square feet	80 feet	120 feet

(2) Setbacks, yards and heights.

R-2 Use	Front Setback	Inter. Side	Corner Side	Rear Yard	Building Height
Accessory structures, including detached garages*	25 feet	6 feet	25 feet	6 feet; 25 feet on double frontage lots	16 feet
Single-family house or two-family dwelling	25 feet	8 feet; 6 feet platted prior to 1988	25 feet	25 feet; 15 feet for corner lot	35 feet
NOTES TO TABLE: * Reference § 154.026

(3) Driveways. All residential districts shall require new driveways to be set back five feet from the side and rear property lines. If the driveway is being replaced, repaved or reconstructed and the driveway is located less than five feet, but three feet or more, from the property line, the driveway permit may be issued with a variance. The apron and curb cut shall be hard surfaced.

(G) Common wall dwellings. Notwithstanding other provisions of § 154.042 of this chapter, one developer may construct two single-family dwellings with a common wall and boundary line for which there may be no building setback from the common boundary; provided:

(1) Each lot shall meet all other setback requirements for a two-family dwelling; and

(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water.

(2004 Code, § 154.057) (Ord. 464, passed 1- -1996; Ord. 97-195, passed 5-13-1997; Ord. 01-298, passed 9-11-2001; Ord. 05-0424, passed 2-28-2006; Ord. 07-0459, passed 3-13-2007; Ord. 08-0496, passed 3-11-2008; Ord. 13-0710, passed 7-9-2013) Penalty, see § 154.999

§ 154.058 R-3, MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT.

(A) Purpose. The R-3 Medium-High Density Residential District is intended to provide areas offering a broad development range in housing units, yet retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements.

(B) Permitted uses.

(2) Two-family attached dwellings, duplexes, double bungalow. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Single-family dwellings without garages or with garages less than 400 square feet are conditionally permitted. A conditional use permit is required;

(3) Parks and playgrounds;

(4) Family day care as permitted by state law; and

(5) Class B supervised living facilities serving six or fewer persons.

(1) The conditional uses and special district provisions allowed in the R-2 District;

(2) Three- to eight-unit buildings;

(3) The following are permitted only subject to the issuance of a conditional use permit:

(a) Neighborhood medical and dental clinics and offices, subject to maximum gross floor area of 5,000 square feet;

(b) Business and professional offices, subject to a maximum gross floor area of 5,000 square feet, and subject further to the special district provisions;

(d) A state licensed residential facility serving from seven through 16 persons;

(e) Group homes and crisis shelters up to 5,000 square feet; and

(f) Licensed day care facilities which are not permitted principal uses under state law.

(4) Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility; and

(5) The requirements of § 154.115 of this chapter shall apply to the conditional uses described in this section.

(D) Accessory uses. Accessory uses as listed in the R-1 Residential District.

(E) Dimensional regulations.

(1) Minimum lot area, lot coverage and dimensions.

(a) Requirements.

R-3 Use	Minimum Lot Area per Dwelling Unit	Minimum Lot Width	Minimum Lot Depth
Single-family residence Maximum lot coverage 50% (A survey will be required if calculations cannot be verified)	7,200 square feet	60 feet; corner, 80 feet	120 feet
Two-family residence Maximum lot coverage 50% (A survey will be required if calculations cannot be verified)	5,000 square feet	80 feet	120 feet
Three- to eight-family building	4,200 square feet*	None	None
NOTES TO TABLE: * Does not count area set aside for surface water ponding below the ordinary high water mark or wetland protection areas.

(b) Adjustments. The minimum lot area requirements listed above may be adjusted as follows for eight-unit multiple-family buildings.

1. For each garage (parking unit) within or under an apartment building, subtract 400 square feet from the total minimum lot area.

2. For each private dwelling unit entrance, subtract 400 square feet from the total minimum lot area.

(2) (a) Setbacks and heights.

R-3 Use	Front Setback	Corner Side	Interior Side	Rear	Height
Accessory buildings**	30 feet	25 feet	6 feet	6 feet; 25 feet on double frontage lots	16 feet
Single-family	25 feet	25 feet	8 feet	25 feet	35 feet
Two-family	25 feet	25 feet	10 feet	25 feet	35 feet
Three- to eight-family	30 feet	25 feet	20 feet*	40 feet	35 feet
NOTES TO TABLE: * Add 6 inches for each foot the average height of the building exceeds 20 feet. ** Reference § 154.026

(b) Distance between buildings. The minimum distance between townhouse or four- to eight-family buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Townhouses or four- to eight-family buildings shall be no closer to one another at any point than 15 feet.

(F) Open space. A minimum of 20% of the land area of a residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking. This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by § 154.072 of this chapter, regarding public sites, open spaces and bicycle and pedestrian paths.

(G) Parking requirements. Parking shall be provided according to the regulations of § 154.116 and App. B of this chapter. Parking areas or circulation drives shall be set back at least five feet from any interior lot line.

(H) Common wall dwellings. Notwithstanding the provisions of § 154.056 of this chapter, one developer may construct two single-family dwellings with a common wall and boundary line for which there may be no building setback from the common boundary; provided:

(1) Each lot shall meet all other setback requirements for a two-family dwelling; and

(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water.

(I) Accessory buildings. Accessory buildings shall observe the same setback requirements established for the multiple-residence building, except that accessory buildings located within the rear yard of the multiple-residence building may be located within six feet of the rear of interior side property line. The city’s Planning Commission may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.

(2004 Code, § 154.058) (Ord. 464, passed 1- -1996; Ord. 97-195, passed 5- -1997; Ord. 98-219, passed 3-10-1998; Ord. 05-0424, passed 2-28-2006; Ord. 07-0459, passed 3-13-2007; Ord. 13-0710, passed 7-9-2013) Penalty, see § 154.999

§ 154.059 R-4, HIGH DENSITY RESIDENTIAL DISTRICT.

(A) Purpose. The R-4 High Density Residential District defines areas for the development of medium to high density multiple-family dwelling structures and directly related complementary uses.

(B) Permitted uses. None.

(1) Conditional uses and special district provisions of the R-1, R-2 and R-3 Districts, except single-family houses;

(2) Multiple-family buildings, including apartments, townhouses, four-, six- and eight-family buildings and other residential structures containing three or more dwelling units;

(3) Apartment buildings designed and marketed exclusively for the elderly;

(4) Private parks and playgrounds or tot lots;

(5) A state licensed residential facility serving from seven through 16 persons;

(6) Group homes and crisis shelters up to 5,000 square feet;

(7) Licensed day care facilities which are not permitted principal uses under state law;

(8) Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility; and

(9) The requirements of § 154.115 of this chapter shall apply to the conditional uses described in this section.

(D) Accessory uses.

(1) Any accessory use building or structure customarily incidental to a use permitted above, and located on the same lot therewith; and

(2) Accessory uses of the R-1 District.

(E) Dimensional regulations.

(1) Minimum lot area and dimensions. In determining minimum lot area and minimum lot dimensions, the following table in division (E)(1)(a) below shall be used. The minimum lot area per dwelling unit may be adjusted using the schedule of allowances, also below in division (E)(1)(b) below.

(a) Requirements.

R-4 Use	Bedrooms per Unit	Minimum Lot Area per Dwelling Unit	Minimum Lot Width	Minimum Lot Depth
Apartment building	0	2,500 square feet*	None	None
	1	3,000 square feet*
	2	3,000 square feet*
	3	3,500 square feet*
Apartments for the elderly	0	1,000 square feet*	None	None
	1	1,500 square feet*
	2	2,000 square feet*
Three- to eight- family building	NA	4,000 square feet*	None	None
NOTES TO TABLE: * Does not include areas set aside for surface water ponding below the ordinary high water mark or wetland protection.

(b) Adjustments. The minimum lot area requirements listed above may be adjusted as follows.

1. For each garage (parking unit) within or under an apartment building, subtract 400 square feet from the total minimum lot area.

2. For each private dwelling unit entrance, subtract 400 square feet from the total minimum lot area.

(2) (a) Setbacks and heights.

R-4 Use	Front Setback	Corner Side	Interior Side	Rear	Height
Accessory structures**	30 feet	25 feet	6 feet	6 feet; 25 feet on double frontage lots	16 feet
Apartments	No less than 35 feet or the average height of the building, whichever is greater	35 feet
Three- to eight-family building	30 feet	25 feet	20 feet*	40 feet	35 feet
NOTES TO TABLE: * Add 6 inches for each foot the average height of the building exceeds 20 feet. ** Reference § 154.026

(b) Distance between buildings. The minimum distance between buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Buildings shall be no closer to one another at any point than 15 feet.

(F) Open space. A minimum of 20% of the land area of a multiple-family residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking. This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by § 154.072 of this chapter, regarding public sites, open spaces and bicycle and pedestrian paths.

(G) Parking requirements. Parking shall be provided according to the regulations of § 154.116 and App. B of this chapter; except that, only one-half parking space is required for each apartment for the elderly. Parking areas or circulation drives shall be set back at least five feet from any lot line.

(1) Each lot shall meet all other setback requirements for a two-family dwelling;

(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water; and

(3) No fence or shrubbery divider shall be installed or maintained on the common boundary line.

(I) Accessory buildings. Accessory buildings shall observe the same setback requirements established for the multiple-residence building; except that, accessory buildings located within the rear yard of the multiple residence building may be located within six feet of the rear of interior side property line. The city’s Planning Commission may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.

(J) Required play area. Any multiple-family housing development of 24 or more dwelling units (except housing for the elderly) shall plan for and provide tot lot play facilities for pre-school children. The City Parks and Recreation Commission shall review and approve these play facilities. Developments immediately adjacent to (not across the street from) public parks having tot lot facilities shall be exempt from this requirement. Adjacent, but sequential, projects by the same developer shall be counted as a single project.

(K) Condominiums. Condominiums, as defined and regulated by M.S. Ch. 515, as it may be amended from time to time, shall be considered as multiple-family dwelling structures in this code and shall be subject to all R-4 District requirements, except as modified by the following.

(1) Approval of condominium floor plan. The condominium floor plan required by M.S. § 515.13, as it may be amended from time to time, shall not be filed with the Recorder until the same has been tendered to and approved by the city. A transparency of the floor plan shall be given to the city along with a copy of declaration required by M.S. § 515.11, as it may be amended from time to time.

(2) Converting existing structure to condominium use. Where any existing multiple-family dwelling is proposed for conversion to a condominium use:

(a) The proposed condominium use shall comply with all present zoning and building requirements; and

(b) A certificate of occupancy for each unit shall be at completion of construction.

(3) Condominium minimum unit size. Each unit of a condominium shall have minimum dimensions and minimum number of rooms as set forth in the City Building Code.

(2004 Code, § 154.059) (Ord. 464, passed 1- -1996; Ord. 98-219, passed 3-10-1998; Ord. 07-0459, passed 3-13-2007) Penalty, see § 154.999

§ 154.060 R-5, MANUFACTURED HOME PARK.

(A) Establishment hearing; information required. No manufactured home park shall be established, except as a conditional use. The conditional use permit for this shall not be issued except after a public hearing. Manufactured home parks may be located in this district and in any other district in which two or more family dwellings are a permitted use. No public hearing shall be held until the following information is submitted:

(1) Location and size of the manufactured home park;

(2) Location and size of each housing unit site, dead storage area, recreation area, roadways and parking sites and all setback dimensions;

(3) Detailed landscaping plans and specifications;

(4) Professional engineered design plans for sanitary sewer disposal, surface drainage and retention, potable water systems, electrical services and fuel systems and storm shelters;

(5) Other information as is necessary to ensure conformance with the requirements of this chapter; and

(6) Berming plans with planting schedule for screening and buffering in accordance with § 154.115 of this chapter.

(B) Overall minimum park requirements.

(1) Each manufactured home park shall be of sufficient size to contain at least 12 fully developed manufactured home sites and required accessory and support areas.

(2) Each manufactured home park shall have access to a private street which is deemed adequate to service a fire lane and the anticipated traffic generated by the park.

(3) Each manufactured home park shall provide public potable water and sewer facilities in accordance with standards determined by the city and the State Department of Health.

(4) Each manufactured home park shall provide a common central television antenna.

(5) All fuel systems shall be maintained from a common central source metered to each individual coach site.

(6) At least 10% of the land area within each manufactured park shall be designed for development for recreational purposes. These spaces shall be developed and maintained by the owner of the manufactured home park. The development shall be approved by the Parks, Recreation and Community Education Advisory Board.

(7) Each manufactured home park shall have one or more central community buildings.

(8) No manufactured home site, off-street parking space, building or street shall be located within 30 feet of the boundary of any manufactured home park. This boundary area shall be landscaped and screening may be required by the city.

(9) Identification signs for the park shall be limited to one sign not exceeding six square feet for each outside street frontage. These signs may be illuminated, but not flashing. The maximum height of these signs shall be 20 feet.

(10) Each manufactured home park shall have an office which is distinctly marked and illuminated. Provisions shall be made for an adult caretaker to be on duty and accessible at the park at all times. The manufactured home park office shall maintain a registry showing the names and addresses of each resident and the make, type and license of each manufactured home and automobile belonging to occupants of the coach sites.

(11) Provisions shall be made in plans for every manufactured home park to provide for a street fronting on each manufactured home site. The streets may be either public or private as agreed upon between the manufactured home park developer and the city.

(12) Each manufactured home park shall have a storm shelter of adequate size for all its residents on site. Reference state statutes.

(13) All manufactured home park streets shall be constructed of either asphalt or concrete, shall meet the standards specified by the City Engineer and shall have concrete curb and gutter.

(14) The minimum street width shall be 36 feet (measured between backs of curbs).

(15) Streets interior to a manufactured home park shall be privately owned.

(16) No cul-de-sac street may be more than 250 feet in length.

(17) Accessory structures shall be limited to one 12 feet by 16 feet (or smaller) utility building, the siding and color of which matches the manufactured home. The shed will be permitted without a cement slab; however, sheds placed on skids must be skirted to control rodents and pests. Responsibility for policing this requirement rests with the park manager.

(18) Each manufactured home site shall have at least one tree and one exterior light.

(19) Portions of each site not occupied by buildings or parking spaces shall be landscaped.

(20) Parking shall be located within the park’s boundaries.

(21) Each manufactured home park shall have exterior security street lighting designed and installed to engineering standards and as approved at the recommendation of the Chief of Police.

(1) Minimum lot dimensions.

Type of Manufactured Home	Minimum Lot Depth*	Minimum Lot Width
Double-wide manufactured home	115 feet	65 feet
Single-wide manufactured home	100 feet	50 feet
NOTES TO TABLE: * Measured from the edge of the road unless the lots are platted.

(2) Minimum building setbacks.

R-5 Use	Front Setback	Rear	Main Entry Side	Secondary Entry Side	Interior Side	Corner Side
Accessory building	50 feet	0 feet	-	-	5 feet	20 feet
Manufactured home	25 feet	10 feet	25 feet	10 feet	-	-
Parking setbacks	5 feet	-	-	-	-	-

(3) Distance from park boundary. No manufactured house, parking space or accessory building may be located within 30 feet of the exterior boundary of a manufactured home park.

(D) Building permit and development requirements.

(1) Initial permits for construction of manufactured home parks will not be issued for the development of less than 12 manufactured home sites. No permit will be issued until the developer provides site and construction plans indicating the following:

(a) Location and size of the manufactured home park;

(b) Location and size of each manufactured home site, dead storage area, recreation area, roadways and parking sites, and all setback dimensions;

(d) Plans for sanitary sewer disposal, surface drainage, water systems, electrical services, fuel systems and trash disposal;

(e) Location and specifications for all streets abutting the manufactured home park and proposed driveways from these streets into the park;

(f) All road construction plans and specifications;

(g) Complete construction plans for all proposed structures; and

(h) Other information as is necessary to ensure conformance with the requirements of this chapter.

(2) The developer shall provide five copies of the above required plans and shall submit a detailed description of construction plans indicating the time involved, cost estimates, stage developments, if any, and a detailed description of maintenance procedures and ground supervision and methods proposed for disposal of garbage and refuse.

(3) The city may require performance bonds in amounts adequate to insure that development proposed in the plan submitted is actually completed.

(4) All developers of manufactured home parks shall provide evidence that the plans therefor have been approved by the State Department of Health and that the developer will comply with all recommendations, suggestions and regulations specified by that department relative to manufactured home park regulations.

(5) Manufactured home parks shall meet the requirements of §§ 154.085 through 154.098 of this chapter, regarding flood plain districts.

(6) All manufactured homes as defined by M.S. §§ 327.31 through 327.35, as they may be amended from time to time, shall be anchored in accordance with the State Building Code, as it may be amended from time to time.

(7) Any newly installed manufactured home older than 15 years from time of the building permit will require an inspection to confirm the following life safety criteria.

(8) All relocated manufactured homes pre- 6-14-1976, require a conditional use permit. Approval may be granted; provided, the following criteria are met:

(a) Smoke detectors are required in each bedroom and in the corridor;

(b) The windows must be double glaze, minimum;

(d) Gas piping installation must be retested, reinspected and approved by the City Building Inspector. Hutch Utilities provides seven-inch w.c.;

(e) The electrical service must be a minimum of 100-amp circuit breaker type with ground fault interruption. All electrical must be intact and safe (i.e., no exposed wiring);

(f) A building permit is required after approval of the conditional use permit;

(g) Compliance with M.S. §§ 327.32 and 327.34, as they may be amended from time to time, and other applicable building codes and standards and regulations; and

(h) Common sense items, including, but not limited to, no broken windows, handrails, guardrails, safe heating appliances and water heaters, no holes in floors, no exposed wiring, a shower/bathtub, functional water closets and the like.

(2004 Code, § 154.060) (Ord. 464, passed 1- -1996; Ord. 97-192, passed 4-8-1997; Ord. 98-237, passed 9-8-1998) Penalty, see § 154.999

§ 154.061 C-1, NEIGHBORHOOD CONVENIENCE COMMERCIAL DISTRICT.

(A) Purpose. The C-1 Commercial District is intended to allow suitable, small sites within the city for businesses which offer services and retail goods needed by residents of the surrounding neighborhoods on a daily or weekly basis and are not intended to draw customers from the entire community.

(B) Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed at the discretion and review of the City Council:

(1) Bakeries;

(2) Barber shops;

(3) Candy and ice cream shops;

(4) Churches and houses of worship and related facilities;

(5) Convenience food stores without gas pumps;

(6) Drug stores;

(7) Dry cleaning and laundry receiving and pick-up stations, excluding processing;

(8) Florist shops;

(9) Hardware stores;

(10) Laundromats (self-service laundry);

(11) Offices not exceeding 3,000 square feet gross floor area;

(12) Tailor shops; and

(13) Variety, gift, notion and soft goods stores not exceeding 3,000 square feet in gross floor area.

(1) Restaurants, not exceeding 3,000 square feet in gross floor area, but excluding convenience food-type restaurants where food is served in disposable containers and may be eaten on the premises or taken out for eating; and

(2) Video game shops.

(D) Accessory uses.

(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot;

(2) Parking and loading facilities, as regulated in § 154.116 of this chapter; and

(3) Signs as regulated in §§ 154.140 through 154.144 of this chapter.

(E) Dimensional regulations; C-1 District.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	15 feet	6 feet	6 feet
Residential zoning boundary	25 feet	10 feet	10 feet
Street right-of-way	30 feet	30 feet	10 feet

(2) Maximum building height.

(a) Principal structure: 18 feet; and

(b) Accessory structure: 15 feet.

(F) Other requirements. Refer to development standards in §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter for additional regulations pertaining to the following:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.061) (Ord. 464, passed 1- -1996; Ord. 16-751, passed 2-9-2016)

§ 154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRICT.

(A) Purpose. The C-2 District is intended to provide locations for businesses which generate a high degree of automobile traffic and which would properly be developed along major thoroughfares of the community.

(B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed upon the determination of the City Council.

(1) Retail sales businesses;

(2) Service stations, automobile repair shops. For standards, see § 154.111 of this chapter;

(3) Car wash operations, including automated lanes. For standards, see § 154.112 of this chapter;

(4) Business and professional offices;

(5) Drive-through banking facilities, postal centers and similar uses;

(6) Convenience goods store; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area;

(7) New car, marine, farm machinery, manufactured home, sales and display areas, when operated in conjunction with and as part of the new item franchised dealership;

(8) Nurseries and garden supply centers;

(9) Motels; and

(10) Restaurants, including convenience food restaurants.

(C) Conditional uses. Used car, farm machinery, marine and mobile home sales and display areas when not operated as a part of new item franchise dealership, brew pubs, tap rooms and micro- distillery cocktail rooms.

(D) Accessory uses.

(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;

(2) Parking and loading facilities as regulated in § 154.116 of this chapter; and

(3) Signs as regulated in §§ 154.140 through 154.144 of this chapter.

(E) Dimensional regulations; C-2 District.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	6 feet
Residential zoning boundary	50 feet	10 feet	10 feet
Street right-of-way	30 feet	30 feet	10 feet

(2) Lot dimension requirements.

(a) Minimum lot width: 100 feet; and

(b) Minimum lot depth: 150 feet.

(3) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 15 feet.

(F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.062) (Ord. 464, passed 1- -1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016)

§ 154.063 C-3, CENTRAL COMMERCIAL DISTRICT.

(A) Purpose. The C-3 Central Commercial District is intended to provide an area for the grouping of general retail sales establishments, offices and services which serve city residents and the surrounding area. The C-3 District provisions and boundaries are intended to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the approved Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. On-site parking is not required in this district.

(B) Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council:

(1) Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law; and, further provided that, the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses;

(2) Cultural facilities;

(3) Trade and business schools;

(4) Catering establishments;

(5) Employment agencies;

(6) Game and amusement arcades;

(7) Hotels and motels;

(8) Interior decorating service and sales;

(9) Offices for corporations and professionals;

(10) Publishing, job printing and blueprinting;

(11) Post offices and other public service operations;

(12) Restaurants;

(13) Taverns;

(14) Theaters;

(15) Commercial parking lots;

(16) Pawnbroker establishments;

(17) Massage service establishments; and

(18) Upper level apartment units.

(1) Commercial parking ramps for passenger vehicles only; provided, a reservoir space is provided within the structure for holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two vehicles;

(2) New or used automobile sales; indoor display area only;

(3) Motor fuel and service stations, excluding major repair operation. See App. B to this chapter for the off-street parking schedule;

(4) A state licensed residential facility serving from seven through 16 persons;

(5) Group homes up to 5,000 square feet;

(6) All licensed day care facilities which are not permitted principal uses under state law;

(7) Single-family residences applying for additions, decks, garages, remodeling or other single-family related uses;

(8) (a) Drive-through windows (specific considerations of traffic impact, accessibility to appropriate roadways, site plan consideration and other relevant information would be part of the application review); and

(b) Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health or the safety of the residents of the residential facility.

(9) The requirements of § 154.115 of this chapter shall apply to the conditional uses described in this section;

(10) Tattoo establishments;

(11) Brew pubs;

(12) Tap rooms; and

(13) Micro-distillery cocktail rooms.

(14) Light-manufacturing, outdoor storage of materials and equipment is not allowed.

(D) Dimensional requirements; C-3 Districts.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	0 feet	0 feet	0 feet
Residential zoning boundary	10 feet	10 feet	10 feet
Street right-of-way	0 feet	20 feet	5 feet

(2) Lot dimension requirements.

(a) Minimum lot area: none stipulated;

(b) Minimum lot width: none stipulated; and

(3) Maximum building height.

(a) None; except that, Council approval is required for any structure in excess of six stories or 75 feet; and

(b) Accessory structure: 20 feet.

(E) Other requirements. Refer to §§ 154.015 through 154.026 of this chapter, regarding general requirements, and §§ 154.110 through 154.125 and 154.140 through 154.144, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.063) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 96-182, passed 11-12-1996; Ord. 03-357, passed 10-14-2003; Ord. 05-0403, passed 5-10-2005; Ord. 12-0689, passed 7-10-2012; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016; Ord. 21-824, passed 7-13-2021) Penalty, see § 154.999

§ 154.064 C-4, FRINGE COMMERCIAL DISTRICT.

(A) Purpose. The C-4 Commercial District is intended to provide one or more areas for the grouping of general retail sales establishments, offices and services which offer convenient shopping facilities for city residents and the surrounding area. C-4 District provisions and boundaries are established to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the city’s Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded.

(2) Catering businesses;

(3) Convenience grocery stores;

(4) Cultural facilities;

(5) Game and amusement arcades;

(6) Hotels and motels;

(7) Motor vehicle sales and service establishments;

(8) Post offices and other public service operations;

(9) Restaurants, including convenience food;

(10) Taverns;

(11) Theaters;

(12) Trade and business schools, technical colleges, vocational schools, universities;

(13) Hospitals;

(14) Crisis shelters;

(15) Car washes;

(16) Pawnbroker establishments;

(17) Massage service establishments; and

(18) Offices; business and professional.

(1) Permitted uses listed in the C-2 District, but not including used car, farm machinery, marine or manufactured home sales;

(2) Commercial parking structures;

(3) Churches and houses of worship and related facilities;

(4) Storage units;

(5) Tattoo establishments;

(6) Towing company offices with fenced impound lots, subject to providing a completely fenced and screened enclosure. Fences must be a minimum of six feet high and constructed of wood or equivalent materials;

(7) Dog daycare boarding facilities;

(8) Brew pubs;

(9) Tap rooms; and

(10) Micro-distillery cocktail rooms.

(D) Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above:

(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;

(2) Parking and loading facilities as regulated in § 154.116 of this chapter; and

(3) Signs as regulated in §§ 154.140 through 154.144 of this chapter.

(E) Dimensional requirements; C-4 District.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	6 feet
Residential zoning boundary	50 feet	50 feet	10 feet
Street right-of-way	25 feet	20 feet	10 feet

(2) Minimum lot dimension requirements.

(a) Lot area: one acre;

(b) Lot width: 125 feet; and

(3) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 25 feet.

(F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.064) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 06-0447, passed 11-14-2006; Ord. 08-0516, passed 11-12-2008; Ord. 11-0668, passed 5-10-2011; Ord. 12-0690, passed 7-10-2012; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016; Ord. 18-790, passed 10-9-2018; Ord. 22-833, passed 10-11-2022) Penalty, see § 154.999

§ 154.065 C-5, CONDITIONAL COMMERCIAL DISTRICT.

(A) Purpose. The purpose of the C-5 Conditional Commercial District is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic.

(1) Development will be allowed only as a conditional use to:

(a) Ease land use transition;

(b) Control development so that it is compatible with the surrounding property; and

(2) Those uses which substantially interfere with the overall function of the area will be excluded.

(3) Development shall also meet standards for lighting, landscaping and pedestrian access.

(B) Permitted uses.

(1) There are no permitted principal uses in the C-5 District.

(2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet;

(b) Parking and loading facilities, as regulated in § 154.116 and App. B of this chapter; and

(1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses;

(2) Business and professional offices;

(3) Candy and ice cream shops;

(4) Cultural establishments: museums, galleries and the like;

(5) Convenience goods stores; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area;

(6) Freestanding and attached car washes;

(7) Hotels and motels;

(8) Motor fuel and service stations, excluding major repair operation. See App. B to this chapter for the off-street parking schedule;

(9) Restaurants, including convenience food;

(10) Retail sales;

(11) Theaters;

(12) Variety, gift, notion, antique and soft goods stores;

(13) Brew pubs;

(14) Tap rooms; and

(15) Micro-distillery cocktail rooms.

(D) Accessory uses.

(1) Any accessory use, building or structure customarily incidental to a permitted conditional use listed above, and located on the same lot as the conditionally permitted principal use;

(2) Parking and loading facilities, as regulated in § 154.116 and App. B to this chapter; and

(3) Signs as regulated in §§ 154.140 through 154.144 of this chapter.

(E) Recommended dimensional guidelines; C-5 District. Subject to Building Code requirements.

(1) Setbacks.

Item Set Back From	Principal Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	10 feet
Residential zoning boundary	50 feet	50 feet	20 feet
Street right-of-way	30 feet	30 feet	10 feet

(2) Review. Everything should have a conditional use. The development will be reviewed by the Planning Commission, and all conditional uses will require a site plan.

(3) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 25 feet.

(F) Building design and construction. Any building or structure within the C-5 District shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved.

(G) Outdoor storage. Outdoor storage shall be prohibited in the C-5 District.

(H) Landscaping and lighting. All designs for landscaping and lighting are subject to review by the Planning Commission and City Council as part of the required site plan.

(1) All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios or other such uses shall be landscaped. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for parking of vehicles.

(2) Landscaping shall include:

(a) Landscaped area encompassing a minimum of 15% and a recommended 20% of lot area;

(b) Tree planting at the rate of at least one tree per 800 square feet of landscaping area;

(d) Berming with low ground cover (slopes shall be no greater than one foot in elevation per three horizontal feet).

(3) The minimum size of a planted tree shall be two inches caliper for deciduous trees and six feet in height for coniferous trees.

(4) Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. Illumination must be indirect or diffused. Lighting standards shall be compatible with the style of the existing street lights and the surrounding area (TH7 and 22).

(I) Sidewalks. All site plans for conditional uses shall include sidewalks five feet in width which shall run the length of the street frontage of the lot within the street boulevard. All sidewalks shall be a minimum of four inches thick concrete over a minimum of six inches of Class 5 gravel. Sidewalks shall be a minimum of eight inches thick at driveways. All other city construction requirements shall be followed.

(J) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Fences;

(4) Signs;

(5) Pollution; and

(6) Pole buildings.

(2004 Code, § 154.065) (Ord. 96-168, passed 6-10-1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999

§ 154.066 I/C, INDUSTRIAL/COMMERCIAL DISTRICT.

(A) Purpose. It is the purpose of the I/C District to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to:

(1) Ease land use transition;

(2) Control development so that it is compatible with surrounding property; and

(3) Establish dimensional requirements on an individual basis.

(B) Permitted uses.

(1) There are no permitted principal uses in the I/C District.

(2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet;

(b) Parking and loading facilities, as regulated in § 154.116 and App. B to this chapter;

(d) Pawnbroker establishments; and

(e) Massage service establishments.

(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit; and, provided further that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste, shall be ameliorated, controlled or eliminated through design, mechanical devices, screen planting and/or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive:

(2) Automobile or trailer sales and service establishments;

(3) Building materials and hardware, retail sales and repairs;

(4) Business and professional offices;

(5) Cultural, entertainment and recreational establishments;

(6) General merchandising, apparel and accessories and establishments;

(7) Car wash operations, including automated lanes. See App. B to this chapter for the off-street parking schedule;

(8) Catering establishments;

(9) Churches and houses of worship and related facilities;

(10) Convenience goods and food shops, subject to a maximum of 5,000 square feet of sales area;

(11) Dog kennels;

(12) Drive-in or drive-through restaurants, banking facilities and the like;

(13) Employment agencies;

(14) Fairgrounds;

(15) Furniture, home furnishing and equipment, sales and display;

(16) Hotels and motels;

(17) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling, except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Zoning Administrator upon review of the building permit application;

(18) Motor vehicle body shops;

(19) Post offices and other public service operations;

(20) Publishing, job printing and blue printing;

(21) Nurseries, garden supply centers;

(22) Restaurants;

(23) Service stations, automobile repair shops. Standards for automobile services stations are set forth in § 154.111 of this chapter;

(24) Taverns;

(25) Trade and business schools;

(26) Theaters;

(27) Warehousing, storage and wholesaling: the storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use. This does not include truck terminals, which are not allowed in this district;

(28) Recyclable materials collection centers;

(29) Brew pubs;

(30) Tap rooms; and

(31) Micro-distillery cocktail rooms.

(D) Accessory uses.

(1) Any accessory use, building or structure customarily incidental to a permitted principal use and located on the same lot as the permitted principal use;

(2) Parking and loading facilities as regulated by § 154.116 and App. B to this chapter; and

(3) Signs as regulated by §§ 154.140 through 154.144 of this chapter.

(E) Recommended dimensional guidelines; I/C District. Subject to Building Code requirements.

(1) Setbacks.

Item Set Back From	Principal Structure Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Street right-of-way	30 feet	30 feet	10 feet
Interior lot line	20 feet	6 feet	10 feet
Residential zoning boundary	50 feet	50 feet	20 feet

(2) Review. Everything should be a conditional use. The development will be reviewed by the Planning Commission. All conditional uses will require a site plan.

(3) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 25 feet.

(F) Building design and construction. Any building or structure within the I/C District shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved.

(G) Outdoor storage; conditional use permit. All materials, supplies, merchandise by-products or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or uses shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than six feet tall, or other buffering approved by the City Council. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the City Council for conditional use permit and only following agreement to all conditions which may be attached to that authorization.

(H) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.066) (Ord. 464, passed 1- -1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016)

§ 154.067 I-1, LIGHT INDUSTRIAL PARK DISTRICT.

(A) Purpose. It is the purpose of the I-1 District to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. Industrial establishments should be either:

(1) Those whose operations are relatively free from objectionable influences; or

(2) Those whose objectionable features will be obviated by design or appropriate devices.

(B) Permitted uses. Within an I-1 District, unless otherwise provided by this chapter, no uses are permitted, except for the following:

(1) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Planning Commission upon review of the building permit application. Manufacturing includes the storage of goods or materials related to the manufacturing process;

(2) Offices;

(3) Office-showroom buildings;

(4) Warehousing, storage and wholesaling: the storage, handling and distribution of goods and materials for retail, wholesale or on-site use, except any hazardous combustible materials or flammable liquids or gases. This classification does not include truck terminals;

(5) Vocational and technical schools;

(6) Pawnbroker establishments; and

(7) Massage services establishments.

(1) Motor vehicle body shops;

(2) Dog kennels;

(3) Bulk storage of liquid;

(4) Athletic clubs;

(5) Restaurants;

(6) Recyclable material collection center;

(7) Grain elevators;

(8) Tattoo establishments and sexually-oriented businesses;

(9) Storage units;

(10) Schools;

(11) Towing company buildings with fenced impound lots, subject to providing a completely fenced and screened enclosure to 100% opacity. Fences must be a minimum of six feet high and constructed of wood or equivalent materials; and

(12) Truck terminals.

(D) Accessory uses.

(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;

(2) Specialized freight and yard equipment, private utility structures, secondary processing structures and similar specialized structures;

(3) Parking and loading facilities as regulated in §§ 154.116 and App. B to this chapter; and

(4) Signs as regulated in §§ 154.140 through 154.144 of this chapter.

(E) Dimensional requirements; I-1 District.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	10 feet
Residential zoning boundary	75 feet	75 feet	30 feet
Street right-of-way	30 feet	30 feet	20 feet

(2) Minimum lot dimension requirements.

(a) Lot area: one acre;

(b) Lot width: 150 feet; and

(3) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 25 feet.

(F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.067) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 07-0451, passed 1-9-2007; Ord. 07-0467, passed 8-14-2007; Ord. 11-0668, passed 5-10-2011; Ord. 12-0683, passed 2-14-2012; Ord. 14-0723, passed 4-8-2014; Ord. 16-751, passed 2-9-2016; Ord. 22-833, passed 10-11-2022) Penalty, see § 154.999

§ 154.068 I-2, HEAVY INDUSTRY DISTRICT.

(A) Purpose. The purpose of the I-2 Heavy Industry District is to allow certain industrial uses which may not be consistent with the intentions of the I-1 Light Industrial District by virtue of their appearance, traffic or emissions. All these land uses are, of course, subject to the applicable regulations of this chapter and the state.

(B) Permitted principal uses.

(1) Any type of land development allowed in the I-1 Light Industrial District;

(2) Municipal compost site and tree dump;

(3) Municipal mining operations;

(4) Municipal sanitation facilities;

(5) Municipal solid waste transfer facilities;

(6) Grain elevators;

(7) Pawnbroker establishments; and

(8) Massage service establishments.

(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit as provided in § 154.170 of this chapter; and, provided further that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, fumes, noise, vibration, radiation, refuse matter or water-borne waste shall be ameliorated, controlled or eliminated through design, mechanical devices, landscaping and/or walls, or other measures as specified by the city’s Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive:

(1) Truck terminals;

(2) Truck parts and scrap metal yards:

(a) If located at least 1,000 feet from the nearest residential zoning district; and

(b) If all operations are conducted within an area enclosed with a solid wall or uniform fence of 100% opacity, at least eight feet in height, and landscaped and maintained to the satisfaction of the city’s Planning Commission.

(3) Railroad stub yard and freight stations, if located at least 1,000 feet from the nearest residential zoning district;

(4) Other land uses by conditional use permit:

(a) If located at least 1,000 feet from the nearest residential zoning district;

(b) If screened and landscaped to the satisfaction of the city’s Planning Commission; and

(5) Manufacture of acids, glues, paints, inks, gases, fertilizer, cement, lime or gypsum, or similar noxious or toxic materials;

(6) Rendering or reduction of fats or animal parts; and

(7) Tattoo establishments and sexually-oriented businesses.

(D) Accessory uses. The following shall be permitted accessory uses within an I-2 District:

(1) Specialized freight and yard equipment;

(2) Private utility structures;

(3) Secondary processing structures; and

(4) Similar specialized structures.

(E) Dimensional requirements; I-2 District.

(1) Setbacks.

Item Set Back From	Principal Structure Setback	Accessory Structure Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	20 feet
Residential zoning boundary	150 feet	150 feet	50 feet
Street right-of-way	40 feet	40 feet	20 feet

(2) Minimum lot dimension requirements.

(a) Lot area: three acres;

(b) Lot width: 250 feet; and

(3) Maximum building height.

(a) Principal structure: 50 feet; and

(b) Accessory structure: 35 feet.

(F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.068) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 11-0668, passed 5-10-2011; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999

§ 154.069 BP, BUSINESS PARK DISTRICT.

(A) Purpose. The purpose of the Business Park District is to provide for office buildings, research and development buildings and certain light industries which complement the appearance and function of the office environment, all of which would be in a planned and landscaped setting.

(B) Permitted principal uses.

(1) Office buildings;

(2) Research and development buildings;

(3) Financial institutions;

(4) Tennis, racquet and athletic clubs; and

(5) Restaurants.

(1) A very limited number of truck docking facilities and a low degree of traffic by semi-trailer trucks;

(2) A well-landscaped site;

(3) Architectural compatibility with an office park, namely:

(a) Equal facade treatment on all sides; and

(b) No truck docks or truck doors on the street side of a building; docks and doors on the side of a building must be screened by landscaping or wing walls.

(4) Office-showroom buildings, subject to the following conditions:

(a) A well-landscaped site; and

(b) Truck doors screened by landscaping, wing walls or the building.

(D) Accessory uses. Allowable accessory uses include any structure normally associated with the permitted principal or conditional uses.

(E) Dimensional requirements; BP District.

(1) Setbacks.

Item Set Back From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Interior lot line	20 feet	6 feet	10 feet
Residential zoning boundary	75 feet	50 feet	30 feet
Street right-of-way	30 feet	30 feet	20 feet

(2) Maximum building height.

(a) Principal structure: 40 feet; and

(b) Accessory structure: 20 feet.

(F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences;

(5) Signs;

(6) Outdoor storage and displays;

(7) Building facade materials;

(8) Pole buildings; and

(9) Pollution.

(2004 Code, § 154.069) (Ord. 464, passed 1- -1996; Ord. 16-751, passed 2-9-2016)

§ 154.070 PD, PLANNED DEVELOPMENT DISTRICT.

(A) Purpose. The following regulations are set forth in order that the public health, safety, morals and general welfare may be furthered in an era of increasing urbanization to encourage innovations in residential, commercial and industrial development and renewal; to stimulate opportunities for better housing and recreation, shops and industrial plants conveniently located near each other; to accommodate changes in the technology of land development; to encourage a more creative approach in the utilization of land which may be characterized by special features of the geography, topography, size or shape of a particular property; and to provide a compatible and stable environment in harmony with that of the surrounding area.

(1) The Planned Development District (PDD) may include any developments having one or more land uses or structures on a single parcel of ground or contiguous parcels; provided that, the total area is three acres or larger. The PDD shall consist of a harmonious selection of uses and grouping of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit.

(2) Under the provisions of this district, the City Council has the right to allow deviations from any standards set forth in this chapter. However, rezonings to the Planned Development District shall not be allowed merely as a convenience or benefit to the applicant or as a means of circumventing the requirements of this chapter. Rather, the PD District shall be used to create a development having greater public benefit than would otherwise have been possible.

(B) Ownership.

(1) The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for the development unless the applicant has acquired actual ownership of, or executed a binding sales contract for all of the property comprising the tract.

(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OWNERSHIP. Includes a lease of not less than 50 years’ duration.

SINGLE OWNERSHIP. Includes ownership of portions of the development by two or more wholly owned subsidiaries of a single owner, or by the single owner and one or more of its wholly owned subsidiaries.

(C) Consistency with the Comprehensive Plan. The development should be designed so that it is consistent with the city’s Comprehensive Plan.

(D) Allowable uses. There are no permitted uses in the planned development district. However, any combination of residential or non-residential land uses may be allowed through a conditional use permit as long as the project is consistent with the city’s Comprehensive Plan and other requirements of this section are met.

(E) Open space.

(1) A minimum of 20% of the land area of a planned residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking.

(2) This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by another city ordinance.

(F) Residential development density. A maximum density increase of 100% may be allowed for a planned residential development for the elderly based on an evaluation by the city staff and the city’s Planning Commission of the project’s degree of design excellence and public benefit.

(1) The city’s Planning Commission and City Council, in determining the reasonableness of the proposed increase in density or intensity of land use, shall consider:

(a) The location, amount and proposed use of common open space;

(b) The location, design and type of dwelling units; and

(2) No increase in density shall be allowed which would adversely affect nearby land values.

(G) Setbacks. The building and parking lot setback regulations normally in force through the existing zoning district for the site shall be used as a guide in reviewing proposed setbacks, although deviations from those setback regulations may be allowed by the PDD development plan.

(H) Architecture. Architectural style of buildings shall not solely be a basis for the denial or approval of a PDD development plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review of the application.

(I) General application procedure. An applicant for a planned development district shall apply for a rezoning, a conditional use permit and (if applicable) a preliminary plat, and shall pay the application fee established by ordinance of the City Council. The review procedure includes a concept plan review, a development plan review, rezoning and a conditional use permit approval. The concept review is a strongly recommended informal review with the city staff and, possibly, the city’s Planning Commission. The rezoning of the property and the conditional use permit shall not be approved until after the development plan has been approved by the City Council (all of which may occur at the same public meeting).

(J) Development plan: submittals required. The following items are required for review and approval of a PDD development plan:

(1) Location, size and legal description of the site;

(2) A vicinity map showing the location of the site in relation to the surrounding neighborhood;

(3) A site plan or plans showing all existing features of the site, including:

(a) A boundary survey prepared by a registered land surveyor;

(b) A topographic survey (minimum contour interval of two feet);

(d) Private road and utility easements;

(e) Existing roads;

(f) Wetlands and ponds;

(g) Utilities;

(h) Drainage courses;

(i) Major vegetation;

(j) Buildings and other structures;

(k) The present zoning; and

(l) The planned land use(s) according to the city’s Comprehensive Plan.

(4) Site plans showing the location of all proposed:

(a) Buildings and structures;

(b) Public roads and rights-of-way;

(d) Private open areas;

(e) Public park land;

(f) Wetlands, ponds and drainage courses;

(g) Water and sewer utility lines;

(h) Landscaping (including species and size);

(i) Signs (placement and characteristics); and

(j) Site development data.

(5) A grading and drainage plan using two-foot topographic contour intervals (prepared by a registered professional engineer);

(6) Submittals as required in Ch. 153 of this code, regarding subdivisions, for the approval of a preliminary plat;

(7) Sketches illustrating building facade design and materials;

(8) A staging plan if the project is intended to be built over a series of years; and

(9) A written statement addressing:

(a) The applicant’s ownership position in the site;

(b) The proposed method of finance;

(c) The market for any proposed commercial activities if the property is not zoned for commercial use at the time of submittal of the preliminary development plan;

(d) Provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces; and

(e) The total anticipated population to occupy the planned development, with breakdowns as to the number of school age children, adults and families.

(K) Development plan, rezoning and conditional use permit: approval procedure.

(1) The procedure for review and approval or denial by the city’s Planning Commission and City Council of a PDD development plan, preliminary plat (if applicable), rezoning and conditional use permit shall be the same as that established for a rezoning (zoning ordinance amendment) in § 154.173 of this chapter.

(2) In conjunction with the rezoning, the development plan shall be attached to and become part of the ordinance establishing the rezoning. The Zoning Enforcement Officer shall then change the zoning classification on the official zoning map to designate the district or portion of a district as a PD District. A number shall be assigned each PD District in sequence through each year (e.g., 90-1). The development plan and all supporting documents will form the ordinance establishing the PD District.

(3) Building permits shall not be issued for any of the structures, or land alterations shall not be made, until the following conditions are met:

(a) Public open space has been deeded to the city and officially recorded;

(b) A cash payment in lieu of land donation has been made to coincide with construction of each building;

(c) The design and construction specifications for all utilities, street improvements and mass grading have been approved by the City Engineer;

(d) The homeowners’ association bylaws, covenants and deed restrictions have been approved by the City Attorney;

(e) The construction plans for proposed structures have been approved by the Building Inspector;

(f) The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agency as required by law. These recorded plats shall contain a statement indicating that the plan is a part of planned development for the city; and

(g) The detailed site development plans have been approved by all appropriate city staff members and the City Council and their signatures appear on the plans.

(L) Project abandonment.

(1) In the event that a development plan is given final approval and the developer subsequently abandons the project or if the developer fails to begin the project within 18 months after final approval has been granted, final approval shall be rescinded unless that time period is extended by the City Council upon written application of the developer.

(2) After final approval, no planned development shall be amended, except by the City Council after a public hearing before the Planning Commission, in accordance with the provisions of § 154.171 of this chapter; provided, however, that, the approved development schedule of the plan may be extended for no more than two years by the City Council without any hearing or Planning Commission action.

(3) The City Council reserves the right to withhold building permits in the event that the developer is not making satisfactory progress toward completion of the development plan.

(2004 Code, § 154.070) (Ord. 464, passed 1- -1996)

§ 154.071 GT, GATEWAY DISTRICT.

(A) Purpose.

(1) The GT or Gateway District regulations are designed and intended to promote commercial development along major thoroughfares which are characterized by high quality permanent construction, strong economic viability and a pleasing aesthetic appearance. The intent of these regulations is to improve the appearance of the entry points to the city in order to create a memorable and positive first impression on visitors to the city. The development of high quality commercial construction in the gateway areas of the city will establish the character and quality of the entire community. This section is based upon the 2001/2002 Comprehensive Plan Update.

(2) Any building or structure within the gateway district shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties.

(1) Business and professional offices, including corporate headquarters;

(2) Financial institutions (without drive-throughs);

(3) General retail sales;

(4) Hotels and motels;

(5) Restaurants and other eating and drinking establishments; and

(6) Personal and business services, including, but not limited to, catering offices (without food served on-site), chiropractic offices, employment agencies, health and wellness services, interior decorating services, medical care, printing, real estate offices and dry cleaning/tailors.

(C) Conditional uses. The following uses are conditionally permitted in the GT Gateway District. Every use, unless expressly exempt, must follow the review procedures for and qualify for a conditional use permit:

(1) Automobile service stations, including gas stations, gas stations with auto repair and car washes;

(2) Drive-through facilities, including, but not limited to, financial institutions, convenience food; drug stores; coffee shops;

(3) Boat and motorcycle sales and service (new and used), limited to showrooms only, with no outdoor sales display areas and no wrecking or dismantling;

(4) Bowling alleys and billiard parlors;

(5) Catalog and mail order services;

(6) Entertainment facilities, including, but not limited to, game and amusement arcades, bowling, community convention centers/meeting halls, cultural facilities, clubs and lodges, and theaters, but not including sexually-oriented businesses;

(7) Convenience stores;

(8) Mortuaries/funeral homes;

(9) Tire sales and automotive supply stores;

(10) Parking structures or garages in conjunction with a principal use; and

(11) Other commercial uses determined by the City Council to be of the same general character as the conditional uses above, and found not to be detrimental to existing uses and to the general public health, safety and welfare.

(D) Municipal services required. Their inclusion in division (C) above notwithstanding, the following uses shall not be approved on any lot if municipal sanitary sewer service and municipal water service are not available to the lot:

(1) Any use which uses more than 300 gallons of water per day;

(2) Any use which requires pretreatment to improve the quality of its wastewater prior to disposal in accordance with state or municipal regulations;

(3) Automobile service stations and car washes;

(4) Clubs and lodges;

(5) Convenience stores;

(6) Hotels and motels;

(7) Meeting halls;

(8) Restaurants and other eating and drinking establishments; and

(9) Theaters.

(E) Minimum lot area. The minimum lot area in the GT Gateway District is 10,000 square feet.

(F) Minimum street frontage. The minimum street frontage in the GT Gateway District is 150 feet.

(G) Yards and setbacks. The yard and setback requirements for the GT Gateway District are measured from the public right-of-way to any structural improvement on the lot.

(1) Front yard setback. There shall be provided a minimum 30-foot front yard setback from all rights-of-way.

(2) Side yard setback. There shall be provided a ten-foot side yard setback to an impervious parking or storage or other ground level surface and a six-foot setback to any portion of a building. On corner lots, the side yard setback along the secondary street frontage shall be 20 feet.

(3) Rear yard setback. There shall be provided a ten-foot rear yard setback to an impervious parking or storage or other ground level surface and six feet to any portion of a building.

(4) Transitional yard. A transitional yard shall be provided anywhere a GT Gateway District abuts a residential district. The site plan shall provide a buffer between the two districts and shall conform to the following requirements:

(a) The dimensions of the required transitional yard on the property located in the GT District shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity;

(b) The transitional yard shall extend the entire length of the abutting residential district boundary;

(d) The transitional yard shall be landscaped.

(5) Parking placement; display. Only one row of parking is allowed between the primary street (Highway 7) and the building(s). Display areas may be in these yards with site plan approval.

(H) Maximum ground coverage. The sum total of ground area that may be covered by all structures located on any lot in the GT Gateway District shall not exceed 75% of the lot area.

(I) Building design and construction. Standards to promote high-quality building materials, traditional facade features and appropriate design features are imperative for this district. All buildings and structures in the GT Gateway District shall meet the following building design and construction standards.

(1) Exterior wall finish. All exterior wall finishes on any building or structure shall be of the following materials, or a combination of the following materials:

(a) Face brick;

(b) Natural stone;

(c) Pre-cast concrete panels or units, the surfaces of which have been integrally treated with an applied decorative material or texture (no raked or ribbed textures);

(d) Stucco;

(e) Wood, consisting of horizontal lap siding with an exposure no greater than five inches or wood shakes; surfaces must be painted;

(f) Decorative block; or

(g) Any similar material which meets the purposes for which these regulations are designed and intended, as described in division (A) above, and approved by the Planning Commission and City Council. A request for this approval shall include:

1. A written description of the manner in which the proposed material promotes the purposes described in division (A) above;

2. A physical sample of all the proposed materials together with their technical specifications;

3. A color photograph of similar applications of the proposed material;

4. A sketch of the proposed construction showing the location of the proposed material; and

5. A written description explaining why approved materials described in divisions (I)(1)(a) through (I)(1)(e) above are not being considered.

(2) Additions and accessory buildings. All subsequent additions to a principal building and all accessory buildings and structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

(3) Design features. For the purpose of carrying out the design and construction standards of the Gateway District, construction should accomplish the following:

(a) Avoid conformity of roof forms and store modules;

(b) Treat all sides of a building with facie which is consistent. If the applicant is proposing different facie on sides of building, he or she must gain approval through the conditional use permit process;

(d) Define the edges of the gateway corridors with buildings and landscaping; and

(e) Link all developments with sidewalks and landscaped boulevards.

(J) Maximum building height. The maximum height of any construction element shall be established under the conditional use permit.

(K) Outdoor storage prohibited. No owner or occupier of land in the gateway district shall store or permit the storage of any personal property, including, without limitation, commercial products, equipment (excluding delivery vehicles), junk material or any other item, unless that personal property is enclosed within a building or concealed within an opaque fence which has been approved by the city as a condition of a conditional use permit. All storage fences shall meet the construction requirements of division (L)(10) below.

(L) Landscaping.

(1) General landscaping and maintenance requirements.

(a) All undeveloped lots and parcels shall be mowed and kept free of accumulation of garbage, trash, refuse, debris and other unsightly or nuisance creating materials until developed. Except for accessory uses expressly permitted to be located in required yards, all yards and open spaces between and about structures and off-street parking lots and loading areas shall be landscaped and kept free from accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials. All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris. All lots shall be maintained in accordance with §§ 92.035 through 92.043 of this code.

(b) All planting material shall be of good quality, of species normally grown in the state and capable of withstanding the extremes of individual site microclimates. All specifications for measurement, quality and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock, published by the American Association of Nurserymen.

(c) Landscaping and screening required by this section shall be interrupted only by required access drives and sidewalks. All landscaping and screening required by this section shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access and so as not to interfere with, or be damaged by, work within any public or utility easement unless the Planning Department determines that no other location is reasonably feasible.

(d) The standards included in this division (L) are intended to promote common landscaping features and materials throughout the GT Gateway District.

(2) Applicability. A landscaping plan, and the implementation and maintenance of that plan, shall be required for all uses within this district. Diversion from the standards set forth must be approved at the time of conditional use permit and must be reviewed for recommendations by the City Forester.

(3) Landscape plans. Wherever the submission and approval of a landscape plan is required by this section, the landscape plan and its maintenance shall be a condition of receiving a certificate of occupancy. No certificate of occupancy shall be issued prior to city approval of a landscape plan. Failure to implement the approved landscape plan within six months of the issuance of a certificate of occupancy shall be cause for revocation of the certificate of occupancy, and other enforcement procedures of this zoning chapter.

(a) Content of landscape plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:

1. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Planning Department;

2. The location, quantity, size and name, both botanical and common names, of all proposed planting materials;

3. The location of existing buildings, structures and plant materials on adjacent property within 100 feet of the site;

4. Existing and proposed grading of the site, including proposed berming, indicating contours, at two-foot intervals;

5. Specification of the type and boundaries of all proposed ground cover;

6. Elevations of all fences proposed for location on the site. The information must also include the design aspects of the fencing;

7. Irrigation plan (if installing); and

8. Elevations, cross-sections and other details as determined necessary by the Planning Department.

(b) Design criteria. Landscaping plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.

1. Scale and nature of landscaping material. The scale and nature of landscaping materials should be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants. Landscaping of larger areas, such as required yards, should be accomplished by both horizontal landscaping elements, such as planting beds, and vertical landscaping elements, such as trees, berms and fences.

2. Selection of plant material. Plant material should be selected for its form, texture, color and concern for its ultimate growth. The use of Silver Maples, Box Elders, Russian Olives, Tree of Heaven, Mulberry, Poplars and other weak wooded species should be avoided.

3. Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights-of-way or property zoned for residential use. All evergreens shall have a minimum height of six feet.

4. Shade trees. All shade trees shall have a minimum trunk size of two inches in diameter upon installation, as measured six inches above the established ground level.

5. Softening of walls and fences. Plant material should be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.

6. Planting bed. Planting beds should be mulched with bark chips, rock mulch, feather rocks or similar materials.

7. Detention/retention basins and ponds. Detention/retention basins and ponds shall be landscaped. This landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges and other planting materials.

8. Watering plant material. A means of watering plant material should be provided. Installation of an underground irrigation system is recommended.

9. Energy conservation.

a. Deciduous trees should be placed on the south and west sides of buildings and parking lots to provide shade from the summer sun.

b. Evergreens and other similar plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.

10. Preservation of existing plant material. Existing plant material should, wherever practical as determined by the Planning Department, be incorporated into the landscape treatment of a site.

11. Berming. Earthen berms and existing topography should be, whenever determined practical by the Planning Department, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening from adjacent residential uses. Berms should be designed to allow for maintenance, mowing and adequate drainage. The elevation and horizontal ground location of the berm should be varied in order to mimic a natural topographical feature.

12. Fencing and walls. Fencing and walls shall conform to the restrictions of this section. When fencing is used to screen uses, the outside base of the fence and wall shall be landscaped. The fences or walls shall incorporate piers built of the same brick, concrete or stone used in the building facade.

(4) Transitional yards. Except as expressly provided elsewhere in this section, every transitional yard shall extend along the entire length of the lot line and shall be designed and maintained to function as a buffer area. Every required transitional yard shall consist of a combination of ground cover, shade trees, evergreen trees and shrubs and appropriate screening devices such as decorative walls, fences or berms. Areas not planted with shrubs, trees or other appropriate screening devices shall be maintained with living ground cover.

(5) Perimeter landscaping; off-street parking lots. Parking lots fronting on principal streets in the GT District shall have a 15-foot setback and a two feet, six inches high landscape buffer. Acceptable materials include:

(a) Overstory or ornamental trees spaced at a maximum of 25 feet apart with a hedge, railing or wall in between. Walls and railing piers shall be built out of brick or stone to match the principal building; and

(b) A berm landscaped with shrubs, ornamental, evergreen and/or overstory trees.

(6) Interior landscaping; off-street parking lots. Every off-street parking lot in the GT district providing 25 spaces or more shall provide interior landscaping. Interior landscaping shall consist of planting islands with a minimum area of 60 square feet and a minimum width of six feet, measured from the back of curb to back of curb. Parking lot interiors shall have 150 square feet of landscape islands per 25 parking spaces. Area devoted to perimeter landscaping shall not be considered as any part of interior landscaping. Where more than one planting island is provided, the islands shall be appropriately spaced throughout the parking lot. As part of site plan review, interior landscaping may be required for off-street parking lots containing less than 25 spaces.

(7) Off-street loading areas. Every off-street loading area visible from any lot zoned for residential use shall be screened on all sides visible from that lot or street by an opaque fence, wall or densely planted evergreen hedge of not less than six feet in height, except as necessary for access.

(8) Refuse containers. All refuse and recyclable material containers, except those containers used by a single-family dwelling in connection with the municipal refuse collection service or those containers used on a temporary basis for a construction or disposal activity, shall be fully enclosed by a gated opaque fence or wall of a sufficient height to completely screen the containers from view by all adjoining properties and all streets. The fence or wall shall have an exterior finish that is similar to the material found on the exterior walls of the main building on the property or other approved material as determined by the Planning Department. No refuse or recyclable material containers shall be located between any front or corner side yard.

(9) Rooftop mechanical equipment. Except for roof-mounted antennas, all mechanical equipment located on the roof of any building constructed after the effective date of this chapter and exceeding six feet in height shall be completely screened to the full height of the equipment by a parapet wall or other screening structure constructed of the same or similar materials as the principal building facade.

(10) Fences. No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained or repaired in any yard unless it shall first meet the requirements of this section.

(a) Construction.

1. Prohibited material. No fence or wall shall be constructed of any electrically charged element or barbed wire, when incorporated with a permitted fence or wall. Opaque (100%), plastic colored and coated chain link fencing will be considered with a conditional use permit and will be evaluated on its location and extent of usage.

2. Approved material. All fences shall be constructed of stone, brick, ornamental steel and/or finished wood. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.

3. Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence or wall shall be repaired or replaced immediately.

(b) Height.

1. Side and rear yards. No fence or wall located in a side or rear yard shall be of a height exceeding ten feet, measured from its top edge to the ground at any point. Fencing exceeding six feet requires building permit plan review.

2. Front yards. No fence or wall located in a front yard shall be of a height exceeding four feet, measured from its top edge to the ground at any point.

1. A fence may be located adjacent to, but may not be located on a property line.

2. No fence, wall, hedge or other screening device shall be permitted to encroach on any public right-of-way.

(M) Lighting. Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. The illumination must be indirect or diffused. Exterior lighting standards shall be compatible with the style of the existing street lights and the surrounding area (TH7 and 22).

(N) Signage. This division is intended to provide standards for signage within the GT Gateway District. The promotion of these standards in the gateway district will serve as a positive example for the rest of the community to strive toward.

(1) Permitted signs; standards. The following signs are permitted in the GT District:

(a) Wall or ground signs identifying the name or type of business;

(b) Parking signs;

(c) The total area of all signs shall not exceed three square feet per front foot of building. Lots on intersecting streets or facing two parallel streets shall be permitted 150% of the total allowable sign area, with no more than 100% on any one street;

(d) Maximum height of a ground sign shall not exceed 27 feet;

(e) Wall signs shall not project in excess of 12 inches or above the roof line;

(f) Roof signs, excluding advertising signs, not exceeding 15 feet in height;

(g) Projecting signs, provided that there shall be not more than one of this type of sign, which shall project not more than six feet from the face of the building and shall have a minimum underside clearance of at least 14 feet;

(h) No more than four signs shall be permitted, not more than two being ground signs;

(i) Ground signs shall be set back a minimum of five feet from lot lines; and

(j) Monument signs, subject to the following requirements:

1. Single or double occupancy business signs shall not exceed 10% of the total front building facade; except that, both front and side facades may be counted on a corner lot. Sign area may not exceed 100 square feet with a maximum height of 20 feet. Monument signs may not exceed ten feet in height;

2. Monument signs for multi-tenant businesses may not exceed 150 square feet, with a maximum height of 30 feet;

3. Monument signs may not exceed more than 20 feet;

4. One monument sign per single and double occupancy building is allowed;

5. One monument sign per street frontage is allowed for multi-tenant buildings; and

6. Special landscaping features that integrate with monument signs are required.

(2) Prohibited signs. This division (N)(2) prohibits signs which have been identified as unattractive and unnecessary. The following signs are prohibited in the GT District:

(a) Off-premises signs;

(b) Portable signs; and

(2004 Code, § 154.071) (Ord. 01-304, passed 3-26-2002; Ord. 09-0528, passed 4-14-2009) Penalty, see § 154.999

§ 154.072 MXD, MIXED USE DISTRICT.

(A) Purpose. The purpose of the Mixed Use District is to provide areas that allow a mix of compatible uses, such as commercial, retail, office and entertainment, with residential uses in locations with nearby amenities for pedestrians. Mixed use areas shall be in conformance with the city’s Comprehensive Plan and reserved for properties that have safe access for pedestrians to sidewalks, trails, parks and natural resources and are free from objectionable uses or hazards to pedestrians. This district does not allow any uses that conflict with residential uses, such as industrial, warehousing, storage or uses with heavy truck traffic or outdoor storage.

(B) Permitted principal uses. The following uses are permitted uses as regulated herein:

(1) Art galleries and studios;

(2) Clinics for human care including medical, dental and wellness services, including chiropractic and therapeutic massage;

(3) Financial institutions, including banks, without drive through facilities;

(4) General offices, including administrative, executive and professional offices such as insurance agencies, interior decorating services, real estate offices, travel agency and other similar offices compatible with residential uses;

(5) Multiple use buildings, with a mixture of retail, commercial and office uses, including multi-tenant buildings;

(6) Multi-family residential, including apartments, condo buildings, townhouses, cooperatives and senior housing;

(7) Personal services, including, but not limited to, salons, hairstylists, drycleaners/laundry (excluding processing), tailor/alterations and athletic/fitness facilities of less than 5,000 square feet;

(8) Restaurants, cafés, delis and bakeries without drive through facilities;

(9) Retail stores and shops (less than 5,000 square feet), including, but not limited to, antique stores, drugstores, florists, hardware stores, gift shops, grocery, convenience store without gas sales, clothing stores; and

(10) Public facilities and services, including post offices, public buildings and parks and playgrounds.

(1) Educational facilities, including art schools, daycare, K-12 schools, trade schools, college, universities and business training facilities;

(2) Entertainment facilities, including commercial recreation, bowling, community centers, cultural facilities, clubs and lodges, theaters and performing arts facilities; and

(3) Financial institutions, with drive through facilities.

(D) Accessory uses. Allowable accessory uses include any structure normally associated with the permitted principal or conditional uses:

(1) Information kiosks;

(2) Outdoor dining areas;

(3) Interior cafeterias, community rooms and recreation areas for permitted multi-family residential uses;

(4) Streetscape furniture and lighting;

(5) Parking lots, surface or underground;

(6) Bicycle and transit shelters;

(7) Commercial overnight delivery drop box; and

(8) Accessory uses which are customarily incidental and clearly subordinate to permitted and conditional uses.

(E) Dimensional requirements; MXD District.

(1) Setbacks.

Setback From	Building Setback	Accessory Building Setback	Parking Lot or Circulation Drive
Corner side lot line	20	20	10
Front lot line	10 feet	Not permitted in front yard	20 feet
Interior side lot line	20 feet (or the height of the building, whichever is greater)	10	10
Rear lot line	30	20	10
Residential Zoning Boundary	30	20	15

(2) Lot area dimension requirements.

(a) Lot area: one acre minimum;

(b) Lot width: 150 feet minimum; and

(3) Maximum building height.

(a) Principal structure: 60 feet; and

(b) Accessory structure: 30 feet.

(4) Maximum building coverage. 30%.

(F) Outdoor storage. Outdoor storage shall be prohibited in the Mixed Use District.

(G) Other requirements. Refer to development standards in §§ 154.110 through 154.144 of this chapter, regarding specific development standards, for regulations including:

(1) Site plan review;

(2) Access, parking and loading;

(3) Landscaping and lighting;

(4) Fences; and

(5) Signs.

(2004 Code, § 154.072) (Ord. 08-0507, passed 7-22-2008)