Uses are allowed in accordance with Table 94-50.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Use classification system. Uses are listed in the first column of Table 94-50. This zoning ordinance classifies uses into categories and subcategories, as explained in division 5.2. In some cases, specific use types are listed in addition to the use categories.

(b)

Permitted uses. Uses identified with a "P" are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations in this division and with all other applicable regulations of this zoning ordinance.

(c)

Special uses. Uses identified with a "S" are allowed only if reviewed and approved in accordance with the special use permit procedures of division 8.4.

(d)

Prohibited uses.

(1)

Uses identified with as blank cells are expressly prohibited. Uses that are not listed in the table or that cannot be reasonably interpreted (as stated in section 94-49. Determination of use categories and subcategories) to fall within any defined use category or subcategory are also prohibited.

(2)

In addition, the following uses of land and buildings are incompatible with existing and future development within the city limits and are prohibited in all districts. In addition, neither the zoning official, nor the mayor and city council shall have the authority to grant variances or exceptions for these prohibited uses:

a.

Use of equipment which causes off-site radio or television interference and interferes with airport operations;

b.

Massage parlor; see definition in chapter 6, Adult Entertainment.

c.

Those uses that emit noxious, injurious or offensive noise, vibrations, smoke, dust, gas fumes or odors or create fire or explosion hazards or other objectionable conditions injurious to quiet enjoyment of the property of others or are dangerous to health and safety of the general public shall be prohibited.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

This division contains a description of the use classification system used to classify principal uses in this zoning ordinance.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

The zoning official is authorized to classify uses on the basis of the use category and subcategory descriptions of this section.

(b)

When a use cannot be readily classified into a use category/subcategory or appears to fit into multiple categories, the zoning official is authorized to determine the most similar, and thus most appropriate, use category based on the actual or projected characteristics of the principal use or activity in relationship to the use category descriptions provided in this section. In making such determinations, the zoning official shall consider all of the following:

(1)

The types of activities that will occur in conjunction with the use;

(2)

The types of equipment and processes to be used;

(3)

The existence, number and frequency of residents, customers or employees;

(4)

Parking demands associated with the use; and

(5)

Other factors deemed relevant to a use determination.

(c)

If a use can reasonably be classified in multiple categories or specific use types, the zoning official shall categorize the use in the category or specific use type that provides the most exact, narrowest, and appropriate match.

(d)

If the zoning official is unable to determine the appropriate use category for a proposed use, the zoning official is authorized to deny the permit request.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The following apply to the uses outlined in this section. Refer to Table 94-50, Permitted and Special Uses by District.

(a)

Use permissions categories. Each use may be allowed as of right ("A") or with supplemental regulations, as a special use ("S"), or prohibited ("P").

(b)

Number of uses. A lot may contain more than one use and is required in some cases.

(c)

Principal and accessory uses. Each of the uses may function either as a principal use or accessory use on a lot, unless otherwise specified.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2021-13, § 2(a), 6-7-2021; Ord. No. 2022-12, § 1(a), 10-3-2022; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023; Ord. No. 2024-10, § 4, 5-6-2024)

(a)

This section shall not apply to structures or uses permitted in the R-A District.

(b)

An accessory structure shall be clearly subordinate to the primary building upon the same lot in all dimensional aspects. No accessory structure shall be allowed upon a property that lacks an occupied principal primary building.

(c)

Accessory structures attached by breezeways, passageways, or similar means are considered part of the primary building and are subject to the lot and building regulations that apply to the principal building.

(d)

A maximum of two accessory structures shall be permitted per lot.

(e)

An accessory structure shall not be permitted in any required front yard or closer to the street than the primary building except as specified in Table 94-92 and in chapter 95, pertaining to signs.

(f)

Accessory structures such as garages, greenhouses, or workshops located on lots whose principal land use is residential shall not be eligible to receive a business license from the City of Jasper for any commercial purpose unless said structure has been inspected by the City of Jasper and determined to be safe for human occupancy. This does not include the long or short-term rental of accessory dwelling units.

(g)

Accessory structures located upon corner lots whose rear property line abuts a residential land use, no accessory shall be located no closer to the street right-of-way line than the principal building and no closer than five feet to the rear property line.

(h)

No garage or other accessory structure shall be located closer than three feet to a side or rear property line in a residential district.

(i)

Filling station pumps and pump islands, where permitted, may occupy the required yards, provided that they shall not be less than 15 feet from street lines. Canopies, whether attached or detached from the principal building, must be at least 14 feet in height, and the outermost edge shall be five feet from any property line.

(j)

Accessory structures located on lots whose principal land use is non-residential shall not be accessed by customers, clients, or the general public. Only users with direct property owner authorization, such as business owners with signed lease for a suite upon the tract, or employees of an authorized business upon the tract, shall have access to the structure. It shall the property owners responsibility to ensure controlled access to accessory structure is maintained.

(k)

Accessory structures shall meet the same setback requirements as the principal building upon the same lot.

(l)

An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A three-foot-wide walk space shall be provided between pool walls and protective fences or barrier walls.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

An accessory dwelling unit is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two types of ADUs:

(1)

Garden cottages are detached structures. Examples include converted, detached garages or new construction.

(2)

Accessory suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.

(b)

Eligibility. ADUs can be established in the following circumstances:

(1)

An ADU may be added to a house on any single-family residentially-zoned lot.

(2)

Accessory suites are the only ADU permitted with a single-family attached dwelling use.

(c)

Quantity. One ADU is permitted per residentially zoned lot. Where more than one house is allowed on a single lot, one ADU is permitted per primary dwelling.

(d)

Creation. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new primary dwelling on the site.

(e)

Occupancy and use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site.

(f)

Design. Design standards for ADUs are stated in this section. If not addressed in this section, base zone district standards apply.

(1)

All ADUs (accessory suites and garden cottages) shall meet the following requirements:

a.

Size. An ADU shall be no more than 800 square feet or the size of the primary dwelling, whichever is less.

b.

Parking. No additional parking is required for an ADU. The existing required parking for the primary dwelling shall be maintained or replaced on-site.

c.

Building standards. ADUs shall comply with all building and lot regulations for primary and accessory structures, as applicable based on the type of ADU.

d.

Accessory suites shall meet the following additional requirements:

1.

Location of entrances. Only one entrance may be located on the facade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the accessory suite was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances from balconies or decks.

2.

Exterior stairs. Fire escapes or exterior stairs for access to an upper-level accessory suite shall not be located on the front of the primary dwelling.

(g)

Garden cottages must meet the following additional requirements:

(1)

Height. The maximum height allowed for a garden cottage is 16 feet or the height of the primary dwelling, whichever is less.

(2)

Exterior finish materials. Exterior finish materials shall visually match in type, size, and placement, the exterior finish materials of the primary dwelling.

(3)

Roof pitch. The roof pitch shall be the same as the predominant roof pitch of the primary dwelling.

(4)

Windows. If the street-facing façade of the ADU is visible from the street, its windows shall match, in proportion and orientation, the windows of the primary dwelling.

(5)

Eaves. If the primary dwelling has eaves, the ADU shall have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

(a)

It is a purpose of this section to regulate adult and sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale.

(1)

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Williams v. Pryor, 240 F.3d 944 (11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232 (11th Cir. 2004); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11th Cir. Sept. 18, 2008) (per curiam); Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129 (2000); Flippen Alliance for Community Empowerment, Inc. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33 (1998); World Famous Dudley's Food & Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir.); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Starship Enters. of Atlanta, Inc. v. Coweta County, No. 3:09-CV-123, R. 41 (N.D. Ga. Feb. 28, 2011); High Five Investments, LLC v. Floyd County, No. 4:06-CV-190, R. 128 (N.D. Ga. Mar. 14, 2008); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 62 Order (N.D. Ga. Dec. 21, 2006); 10950 Retail, LLC v. Fulton County, No. 1:06-CV- 1923, R. 84 Contempt Order (N.D. Ga. Jan. 4, 2007); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99- N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Goldrush II v. City of Marietta, 267 Ga. 683 (1997); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses elate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Law Enforcement and Private Investigator Affidavits (Pink Pony South, Forest Park, GA, and Adult Cabarets in Sandy Springs, GA), the city council finds:

(2)

Adult businesses are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

(3)

Adult businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

(4)

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this section, exists independent of any comparative analysis between adult and non-adult businesses. Additionally, the city's interest in regulating adult businesses extends to preventing future secondary effects of either current or future adult businesses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

(5)

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult businesses, including the judicial opinions and reports related to such secondary effects.

(c)

Prohibited locations. It shall be unlawful to establish, operate, or cause to be operated an adult business in the city that is located:

(1)

Within 600 feet of another adult business; or

(2)

Within 600 feet of a residential district, religious assembly use, park, or public library.

(d)

Measurements.

(1)

Measurement of the required spacing between adult businesses shall be made in a straight line without regard to intervening structures or objects, between the closest points on the property lines of the two sexually-oriented businesses.

(2)

Measurement of the required spacing between an adult business and a residential district, religious assembly use, park, or public library shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the sexually oriented business to the closest point on the boundary line of the residential district or the closest point on the property line of the religious assembly use, park, or public library.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Boarding. The keeping of and care for any number of companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day care facilities, foster care homes, dog training centers and animal rescue shelters. Any building or structure in which animals are kept or exercised shall be set back at least 100 feet from any R-zoned (R-A, R-1, R-2, R-3, DRI-6, or SFA) lot.

(b)

Grooming. Grooming of companion animals, including dog bathing and clipping salons and pet grooming shops. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case, the regulations that apply to animal boarding shall be met.

(c)

Veterinary. Animal hospitals and veterinary clinics staffed by veterinarians. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to animal boarding shall be met.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Community service facilities such as cooking shelters, barbecue pits, fireplaces, woodburning stoves, and incinerators shall be located, constructed, maintained and used to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

An industrial facility where malt, brewed or distilled beverages are produced (in spaces in excess of the micro-producer limits) on the premises and then sold or distributed for on- or off-premises consumption and must licensed by the Alcohol and Tobacco Division of the Georgia Department of Revenue.

(a)

A brewery, distillery and winery shall be authorized to provide guided tours of said facility, during which a "free tasting" of malt beverages, distilled spirits or wine may be conducted by the manufacturer. Said tours and tastings shall be permitted in accordance with the provisions of O.C.G.A. tit. 3.

(b)

No tastings of any alcoholic beverages shall be permitted between the hours of 12:00 a.m. and 8:00 a.m. any day of the week. In addition, no pouring or tastings shall be permitted on Sundays before 12:30 p.m. and after 11:30 p.m., or on any other days or times prohibited by state law. Promotional or educational tours of a facility shall also only be permitted within these allowed time frames.

(c)

All tasting processes and procedures shall adhere to and be in strict compliance with O.C.G.A. tit. 3, Alcoholic Beverages.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Any eating establishment with the sale of prepared meals and food and in which beer or malt beverages are manufactured or brewed subject to the barrel production limits and regulations under state law. Brewing activities shall be:

(a)

Accessory to sales and consumption of food and beverages on-premises.

(b)

Shall be located in a wholly enclosed building.

(c)

Production space shall be limited subject to state law.

(d)

No outdoor equipment or outdoor storage is permitted.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

An establishment licensed by the State of Georgia pursuant to O.C.G.A. § 7-1-700 et seq. Check cashing establishments are subject to the following supplemental regulations:

(a)

Lots on which check cashing establishments are located shall have frontage on an arterial street.

(b)

New check cashing establishments are prohibited within 1,000 feet of an existing check cashing establishment or pawn shop.

(c)

Check cashing establishments shall operate as an independent principal use and not be combined with any other use.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Grouping of small, single-family dwelling units clustered around a common area and developed with a coherent plan for the entire site.

(a)

Density.

(1)

Cottage Housing Developments (CHD) require a minimum total project area of 25,000 square feet with a minimum area of 5,000 square feet per unit.

(2)

Lots may meet this minimum area as a whole parcel or as a combination of individual lots and common area lots.

(b)

A Cottage Housing Development (CHD) is composed of clusters of cottages.

(1)

Minimum units per cluster: Four.

(2)

Maximum units per cluster: Twelve.

(3)

Maximum clusters per CHD: Two

(c)

Community assets.

(1)

Common open space.

a.

Each cluster of cottages shall have common open space to provide a sense of openness and community for residents.

b.

At least 1,000 square feet per cottage of common open space is required for each cluster.

c.

Each area of common open space shall be in one contiguous and usable piece.

d.

To be considered as part of the minimum open space requirement, an area of common open space shall have a minimum dimension of 30 feet on all sides.

e.

The common open space shall be at least 5,000 square feet in area, regardless of the number of units in the cluster.

f.

Required common open space may be divided into no more than two separate areas per cluster.

g.

At least two sides of the common open area shall have cottages along its perimeter.

h.

Parking areas, yard setbacks, private open space, and driveways do not qualify as common open space.

(2)

Community building.

a.

Community buildings are permitted in CHDs.

b.

Community buildings shall be clearly incidental in use and size to dwelling units.

c.

Building height for community buildings shall be no more than one story.

(d)

Ownership. Community buildings, parking areas, and common open space shall be owned and maintained commonly by the CHD residents, through a condominium association, a homeowners' association, or a similar mechanism, and shall not be dedicated to the municipality.

(e)

Design.

(1)

Cottage size.

a.

The gross floor area of each cottage shall not exceed 1,500 square feet.

b.

Cottage areas that do not count toward the gross floor area or footprint calculations are:

1.

Interior spaces with a ceiling height of six feet or less, such as in a second-floor area under the slope of the roof;

2.

Basements;

3.

Architectural projections—such as bay windows, fireplaces or utility closets—no greater than 24 inches in depth and six feet in width;

4.

Attached, unenclosed porches;

5.

Garages or carports.

(2)

Unit height. The maximum height of cottage housing units shall be 25 feet.

(3)

Orientation of cottages.

a.

Each dwelling unit shall be clustered around a common open space. Each unit shall have a primary entry and covered porch oriented to the common open space.

b.

Lots in a CHD can abut either a street or an alley.

c.

Each unit abutting a public street (not including alleys) shall have a façade, secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street.

(4)

Cottage setbacks.

a.

The minimum setbacks for all structures (including cottages, parking structures and community buildings) in a CHD shall be ten feet from any public right-of-way or other structure.

b.

Cottages shall be no more than 25 feet from the common open area, measured from the façade of the cottage to the nearest delineation of the common open area.

c.

No part of any structure in the CHD (including, but not limited to, cottages, parking structures and community buildings) shall be more than 150 feet, as measured by the shortest clear path on the ground, from fire department vehicle access.

(5)

Lot coverage. The CHD shall have a maximum lot coverage of 65 percent.

(6)

Porches.

a.

Cottage units shall have covered front porches. The front porch shall be oriented toward the common open space.

b.

Covered porches shall have at least 60 square feet in area.

(7)

Basements. Cottages may have basements.

(8)

Walkways.

a.

A CHD shall have sidewalks along all public streets.

b.

A system of interior walkways shall connect each cottage to each other and to the parking area, and to the sidewalks abutting any public streets bordering the CHD.

c.

Walkways and sidewalks shall be at least four feet in width.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

A building or group of buildings where malt, mead, or distilled spirits are manufactured (brewed, fermented, distilled, rectified, or blended), bottled, packaged, and distributed for wholesale and/or retail distribution.

(a)

Production space shall be limited subject to state law.

(b)

Shall be located in a wholly enclosed building

(c)

Craft breweries, meaderies, or distilleries shall be allowed the following accessory uses:

(1)

Guided tours;

(2)

Concerts;

(3)

Tasting rooms;

(4)

Special events;

(5)

Distribution between 7:00 a.m. and 7:00 p.m.

a.

No more than 2,000,000 gallons shall be produced annually.

b.

Small batch, craft breweries shall not:

1.

Deal in any other spirits except for beer and wine;

2.

Have any outside storage;

3.

Exceed 15,000 square feet;

4.

Produce noxious odors.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

Any structure containing a crematory shall be located at least 200 feet from the property line of any property zoned and/or used for residential use. This 200-foot limitation shall not apply if the structure containing the crematory is located on or immediately adjacent to property containing a cemetery.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Uses shall be essential for services to the area in which located.

(b)

Any building or structure, except an enclosing fence, shall be setback not less than 20 feet from any property line and shall meet all applicable yard requirements in excess thereof.

(c)

Such uses shall be enclosed by a fence not less than eight feet in height.

(d)

The required front yard and other open space on the premises outside the fenced area shall be grassed, landscaped, and maintained in an appropriate manner.

(e)

The storage of vehicles and equipment on the premises shall be prohibited.

(f)

The site and development plans shall be approved by the zoning official to ensure compatibility of facilities with the neighborhood in which they are located.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to ensure the compatibility of home occupations with other uses permitted in the R-A, R-1, R-2, R-3, and DRI-6 districts; maintain and preserve the character of residential neighborhoods; and provide peace, quiet, and domestic tranquility within all residential neighborhoods within the district, in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effect of commercial uses being conducted in this district. Home occupations, where permitted, must meet the following special requirements:

(a)

A home occupation must be clearly subordinate to the principle use of a parcel. There shall be no exterior indication of the home occupation or variation from the residential character of the principal use;

(b)

A home occupation shall be carried on wholly within the principal use. No accessory building can be used in connection with a home occupation;

(c)

No more than 25 percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation;

(d)

There shall be no more than two clients on-premises at a time for any home occupation;

(e)

No on-street parking of business-related vehicles shall be permitted at any home. No business vehicles larger than a van, panel truck, or pickup truck is permitted to park overnight on the premises. The number of business-related vehicles is limited to one;

(f)

The home occupation is limited to employment of residents of the property and not more than one additional nonresident person;

(g)

No more than one home occupation shall be permitted within a single-dwelling unit;

(h)

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure;

(i)

A home occupation which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances is not permitted.

(j)

Prohibited residential home occupations. The following are prohibited home occupations:

(1)

Any type of assembly, cleaning, maintenance or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

(2)

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

(3)

Equipment or supply rental businesses;

(4)

Taxi, limo, van or bus services;

(5)

Tow truck services;

(6)

Firearms sales establishment;

(7)

Eating or drinking places;

(8)

Funeral or interment services;

(9)

Animal care, grooming or boarding businesses; and

(10)

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Accessory solar energy systems shall comply with all applicable building ordinance and electrical code requirements.

(b)

Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements shall be recorded with the county recorder of deeds.

(c)

Building-mounted solar energy systems.

(1)

Building-mounted solar energy systems may be mounted on principal and accessory structures.

(2)

All applicable setback regulations apply to building-mounted solar energy systems.

(3)

Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.

(4)

Solar energy systems may not extend more than three feet above the applicable maximum building height limit or more than four feet above the highest point of the roof line, whichever is less.

(d)

Ground-mounted solar energy systems.

(1)

In residential zoning districts, ground-mounted solar energy systems shall not be located in a required street setback or street yard.

(2)

Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

The location of telecommunications towers may be permitted under the provision of this section. The intent of this section is to provide for the appropriate location and development of communication towers to serve the residents and businesses of the city; minimize adverse visual impacts of towers through careful design, siting, landscape and innovative camouflaging techniques; and to encourage and concentrate the location of new communication towers in areas which are not zoned for residential use. The following are regulations for telecommunications towers and antennas:

(a)

General requirements.

(1)

Applicable law. The regulations of this section shall be applied within the constraints of the Telecommunications Act of 1996 and Section 6409 of the Middle Class Tax Relief and Job Creation Action of 2012, as well as all applicable rulings of the FCC and the Streamlining Wireless Facilities and Antennas Act of 2019, as codified in title 36, chapters 66B and 66C.

(2)

Safety standards. To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the state.

(3)

Regulatory compliance. All towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennas. If such standards and regulations are changed then the owners of the communications towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.

(4)

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA, or other state or federal agency of jurisdiction, in which case the zoning official shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

(5)

Signage. No signage is permitted on an antenna or tower.

(6)

Visual impact.

a.

Towers shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

(7)

Decisions.

a.

The environmental effects of radio frequency emissions may not serve as a basis to approve, deny or otherwise regulate a telecommunication facility to the extent that emissions comply with Federal Communications Commission regulations.

b.

All decisions denying a request to place, construct, or modify a telecommunications facility must be in writing and be supported by a written record documenting the reasons for the denial and the evidence in support of the decision.

(8)

The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized telecommunication support structure or antenna is specifically authorized.

(9)

Any telecommunications antenna or support structure that is not operated for a continuous period of six months, or in the case of a facility or structure on the right-of-way, 12 months, will be considered abandoned, and the owner of such antenna or structure must remove the antenna or structure within 90 days of receipt of notice from the city. If such abandoned antenna or structure is not removed within said 90 days, the city may enforce this subsection by all available legal means as authorized by the city Code, and not prohibited by state or federal law, including removal of the structure at the owner's expense with an additional assessed fine of $500.00. Until the owner pays said expense and penalty, the owner shall not be entitled to apply for, or receive, any future permits under this section. If there are two or more users of a single structure, then this provision shall not become ineffective until all users cease using the structure.

(b)

Freestanding towers. The requirements of this subsection apply to stand-alone towers.

(1)

Height requirements.

a.

For a single user, maximum height is 70 feet;

b.

For two users, maximum height is 100 feet;

c.

For three users, maximum height is 150 feet; and

d.

Towers clustered at the same site shall be of similar height and design.

(2)

Towers shall be erected a minimum height necessary to provide parity with existing similar tower supported antenna, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

(3)

Setbacks. If located on a lot abutting a residential zoning district or a lot occupied by a residential use, the facility must be set back from the zoning district or lot boundary by a minimum distance of one-half the overall height of the tower or 200 feet, whichever is greater. If located on a lot abutting a nonresidential or mixed-use district that is not occupied by a residential dwelling, the facility must be set back from the abutting lot by a minimum distance of 33 percent of the overall height of the tower or 200 feet, whichever is greater.

(4)

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device that meets the requirements of division 7.5, Fences and walls.

(5)

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public rights-of-way, public property, and residential property and shall be as follows:

a.

A buffer area no less than six feet wide shall commence at the base of the tower.

b.

The buffer zone is to consist of materials of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.

c.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities staff and maintenance.

d.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be replanted to replace that lost.

e.

In lieu of these standards, the zoning official may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries, and tree farms.

(c)

Co-locations. The requirements of this subsection apply to installments on existing buildings and structures.

(1)

Antennas that are attached or affixed to existing telecommunications support structures or alternative telecommunication support structures are permitted as of right in all zoning districts, provided that the antenna does not substantially change the physical dimensions of such structure.

(2)

Co-location antennas that substantially change the physical dimensions of such structure require special use permit approval in accordance with Division 8.4. For the purpose of this section, "substantial change" shall mean:

a.

Increases height by more than ten percent or 20 feet, whichever is greater, as measured from facility as it existed prior to enactment of this section.

b.

Added appurtenances protrude from body of structure more than 20 feet in width.

c.

If it involves installing more than the standard number of cabinets for the technology involved, not to exceed four cabinets; or if it involves installation of any cabinets if there are no pre-existing cabinets or involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other associated ground cabinets.

d.

Involves excavation or deployment outside the current "site." "Site" shall be defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements.

e.

For concealed or stealth-designed facilities if a modification would defeat the concealment elements of the wireless tower or base station.

f.

The modification would not comply with other conditions imposed on the applicable wireless support structure or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the above thresholds.

(3)

Alternative telecommunication support structure-mounted antennas in residential zoning districts must be visually screened from view of all abutting lots. Alternative telecommunication support structure-mounted antennas in other zoning districts must be screened or designed and installed so as to make the antenna and related-equipment as visually unobtrusive as possible.

(4)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(d)

Application requirements for all telecommunications towers. In the case where a special use permit is required, the information required herein shall be required for the special use review process. Regardless, the information shall be provided with a permit for the construction or an antenna or support structure.

(1)

Each applicant requesting approval of a telecommunications facility must provide to the zoning official, as a part of the application, an inventory of its existing facilities that are either within the city or within one-quarter mile of the city boundaries, including information regarding the location, height, and design of each facility.

(2)

No new telecommunication support structure may be permitted unless the applicant demonstrates that no existing facility or structure can accommodate the applicant's proposed antenna. Evidence must be submitted at the time of application demonstrating that no existing facility or structure can accommodate the applicant's proposed antenna and may consist of one or more of the following:

a.

No existing facilities or structures are located within the geographic area required to meet applicant's engineering requirements;

b.

Existing facilities or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing facilities or structures, or the antenna on the existing facilities or structures would cause interference with the applicant's proposed antenna;

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing or structure or to adapt an existing facility or structure for sharing are unreasonable; or

f.

There are other limiting factors that render existing facilities and structures unsuitable.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Active

adult living uses provide a housing option for the purpose of housing persons aged 55 years and older. This section applies to housing developments and housing projects for those persons aged 55 years or older, regardless of whether the project is assisted living or independent living.

(a)

Development standards.

(1)

Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the residential units, shall be as wide as required by laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.

(2)

Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty walking.

(3)

Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing.

(4)

Access to all common areas and residential units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.

(5)

The development shall be designed to encourage social contact by providing at least one common room and outdoor common open space.

(6)

Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.

(7)

The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.) and the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.),

(8)

Notwithstanding any other provision of this Code, the minimum floor area for each residential unit in shall be as follows:

a.

Studio - 450 square feet.

b.

One bedroom - 540 square feet.

c.

Two bedroom - 700 square feet.

(9)

All projects shall implement, at minimum, the following universal design principles:

a.

No-step entries.

b.

One-story living such that an eating area, bathroom, and sleeping area are available on the same floor.

c.

Front doors with a minimum width of 36 inches to accommodate the use of wheelchairs and 32-inch free-swing doors (34-inch door) on all interior doors.

d.

Hallway minimum width of 42 inches to accommodate the use of wheelchairs.

e.

Room thresholds that are flush.

f.

Adequate lighting throughout the dwelling unit.

g.

Lever door handles and rocker light switches.

h.

Additional closet rod brackets to allow potential access from a wheelchair.

i.

Adequate space for maneuverability and access to facilities to those using wheelchairs.

(b)

Density. The density of an active adult housing development or active adult housing project shall be governed by the density established by the special use permit, but in no case shall the density exceed ten units per acre.

(c)

Findings. In addition to the review and approval criteria from division 8.4, the mayor and city council shall find as follows for an active adult housing development or project:

(1)

The impact of the use will be substantially equivalent to or less than the impacts produced by land uses otherwise allowed within the underlying classification of the zoning district, with consideration being given to the quantity and type of living units, their estimated demand on public facilities and their estimated services generated by the use;

(2)

The project design, density, lot coverage, bulk, and mass are compatible with the surrounding neighborhood, as determined by review of the applicable hearing authority;

(3)

The number of units approved can be adequately accommodated by existing or planned infrastructure;

(4)

The projected peak hour trip generation rates will be equal to or less than that of a conforming, non-age restricted, project on the same site;

(5)

The location, design, and site planning provide residents with a convenient and functional living environment and will be as attractive as the nature of the use and its location and setting allow. This includes, but is not limited to, the provision of artwork, gardens, indoor and/or outdoor sculpture, and other recreation uses of an active or passive nature;

(6)

The project is specifically designed for persons aged 55 or older and includes facilities generally associated with the needs and interests of such persons. Such facilities include common meeting and recreation areas, secure parking, safety bars and rails in units, emergency signal system, security lighting, ramps and other structural elements required for elderly persons by state and federal laws or regulations; and

(7)

The project is located so as to provide qualifying residents access to community amenities such as transportation, shopping, and other daily services.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Editor's note— Ord. No. 2023-07, § 1(a)(Exhs. 1—3), adopted June 5, 2023, amended § 94-66 and in doing so changed the title of said section from "Senior housing" to "Active adult living housing," as set out herein.

Temporary buildings shall not be permitted in any district except when they are used in conjunction with construction work or pending completion of a permanent building with a valid building or development permit. Such building shall be used for a period not to exceed three months from project close-out and/or issuance of a certificate of occupancy/completion, whichever comes first.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)