These regulations are made in accordance with the adopted comprehensive plan for the City of Jefferson. The City is zoned in districts that are established to achieve the purposes set forth in section 35-2 as defined by each district's purpose.

A.

The district regulations apply uniformly to each class and type of structure or land, within each district as specified, except as may be provided otherwise within this ordinance. To carry out the purposes of this ordinance, the City is hereby divided into six general classifications of districts.

B.

The classifications of districts are further divided into the following specific districts:

A.

The boundaries of the district are shown upon the map attached hereto and made a part hereof, which map is designated as the "official zoning map." The official zoning map and all notations, references and other information shown thereon are a part of this ordinance and have the same force and effect as if the official zoning map and all the notations, references and other information shown thereon were all fully set forth or described herein. The official zoning map is properly attested and is on file with the City Clerk.

B.

Whenever any street, alley or other public way is vacated by official action of the Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated areas and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

C.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map accompanying and made a part of this ordinance, the following rules apply:

1.

The district boundaries are either streets, centerlines of streets or highways, or alleys, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street, centerlines of streets or highways, or alley lines, the street or alley shall be construed to be the boundary of the district.

2.

The boundaries indicated as following section or aliquot lines shall be construed to follow such lines.

3.

Except as provided in paragraph 5 below, where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the official zoning map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

4.

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.

5.

Parcels split by two or more zoning districts. Where a district boundary line(s) as established by this ordinance or as shown on the official zoning map divides a lot which was in single ownership and of record on [the date of adoption of the official zoning map], the use thereon and the other district requirements applying to the district within which the larger portion of the lot lies shall apply to the entire lot provided the district boundary line dividing the parcel is within 30 feet of the lot line. If the distance from the district boundary line and the lot line is greater than 30 feet, the separate districts shall apply to each portion until such time as the parcel may be rezoned in accordance with section 35-74.

D.

Maintenance of official zoning map. If, in accordance with the provisions of this ordinance, changes are made in the district boundaries or other matters portrayed on the official zoning map, the ordinance number and the date of said change shall be indexed to the map by the Director.

A.

Authorized uses. Exhibit 35-28 lists uses authorized and prohibited in the rural and conservation districts: RU and RC; in the residential districts: RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2 and N-O; and in the non-residential districts: MU-1, C-O, C-1, C-2, C-3, M-1 and M-2.

B.

Supplementary conditions. Development in zoning districts shall conform to the supplemental conditions applicable to specific uses in the particular district as established in article IV of this ordinance.

C.

Site design and improvement standards. Development in any zoning district shall conform to the site design and improvement standards as established in article V of this ordinance.

D.

Special conditions. Development shall conform to the special conditions applicable to a specific district as established in sections 35-23 through 35-27 of this article.

E.

Residential uses. All residential uses, wherever located, shall comply with the applicable adopted building and fire codes.

A.

RU Rural District.

1.

Purpose. RU District is intended for very low density residential uses and the continued operation of existing crop farms and ranches. Some higher intensity uses may be authorized where adequate access and services are available.

2.

Special conditions. The following special conditions shall apply within the RU District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been established for this district.

B.

RC Conservation District.

1.

Purpose. RC District implements the parks and open space development plan land use category. RC District is intended for the maintenance of rural areas and preservation of environmentally sensitive lands.

2.

Special conditions. The following special conditions shall apply within the RC district:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been established for this district.

c.

Residential uses. Residential uses are prohibited.

A.

RS-1 Low Density Residential District.

1.

Purpose. The RS-1 District implements the low density residential (detached) development plan land use category. The RS-1 District is intended for low density residential living and public uses that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RS-1 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

B.

RS-2 Low Density Residential District.

1.

Purpose. The RS-2 District implements the low density residential (detached) development plan land use category. The RS-2 District is intended for lower density, detached single-family residential living and activities that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RS-2 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

C.

RS-3 Medium Density Residential District.

1.

Purpose. The RS-3 District implements the medium density residential (detached) development plan land use category. The RS-3 District is intended for medium density detached single-family residential dwellings and activities that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RS-3 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

D.

RS-4 Medium Density Residential District.

1.

Purpose. The RS-4 District implements the medium density residential (detached) development plan land use category. The RS-4 District is intended for detached medium density single family residential living and activities that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RS-4 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

E.

RD Residential District.

1.

Purpose. The RD District implements the medium density residential (attached) development plan land use category. The RD District is intended for medium density residential development, where duplexes and attached single family residential dwellings are permitted, as well as activities that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RD District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

F.

RA-1 Residential District.

1.

Purpose. The RA-1 District implements the high density residential development plan land use category. The RA-1 District is intended for medium-high density residential living and includes various dwelling types, such as single family dwellings, townhouses, row houses, triplex and four-plex dwellings as well as activities that traditionally serve residential neighborhoods.

2.

Special conditions. The following special conditions shall apply within the RA-1 District:

a.

District size.

(1)

Minimum district size: The minimum district size shall be one acre.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

G.

RA-2 Residential District.

1.

Purpose. The RA-2 District implements the high density residential development plan land use category. The RA-2 District is intended for high density residential living and includes various dwelling types and densities including single family attached dwellings, townhouses, row houses, triplexes, four-plex dwellings, apartment buildings and other types of multiple family dwellings as well as activities that traditionally serve residential neighborhoods

2.

Special conditions. The following special conditions shall apply within the RA-2 District:

a.

District size.

(1)

Minimum district size: The minimum district size shall be one acre.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been developed for this district.

H.

N-O Neighborhood Office District.

1.

Purpose. This district is intended to provide to a mix of detached single family residences and low intensity office uses.

2.

Special conditions. The following special conditions shall apply within the C-O District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Restrictions on new buildings, additions or alterations to existing buildings.

(1)

Height may not exceed the mean height of principal buildings on abutting parcels;

(2)

New buildings, additions or alterations to existing buildings shall not exceed the average setback of the abutting buildings.

(3)

New buildings, additions or alterations shall be in conformance with neighborhood conservation or neighborhood historic preservation design standards, if applicable.

c.

Special conditions for office use, including construction, alterations or conversion to office.

(1)

All off-street parking shall be accommodated in the rear yard.

(2)

All off-street parking shall be screened in accordance with section 35-58.

(3)

No commercial activity shall be conducted outside the principal building.

(4)

Office operations shall be limited to the hours from 6:00 a.m. to 10:00 p.m.

(5)

No accessory structures, other than garages, shall be permitted. Accessory uses are limited to uses which are secondary to and supportive of the principal use.

(6)

Retail sales may be authorized only if incidental to the permitted use and conducted inside the principal building. The retail sales area may occupy not more than ten percent of the floor area devoted to the primary use.

A.

MU-1 Mixed Use.

1.

Purpose. The MU-1 District implements the mixed use development plan land use category. The MU-1 District is intended to provide for a mix of residential, multi-family residential, office, and low impact commercial uses in a neighborhood like setting.

2.

Special conditions. The following special conditions shall apply within the MU-1 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. The location of MU-1 Districts shall be supported by a neighborhood plan adopted by the Planning and Zoning Commission as a component of the comprehensive plan.

c.

Use restrictions. No drive-through uses shall be permitted within the MU-1 District.

B.

C-O Office Commercial District.

1.

Purpose. The C-O District implements the commercial development plan land use category. The C-O District is intended to provide areas for public, semi-public, institutional and professional offices where the buildings are grouped and surrounded by landscaping and open space areas.

2.

Special conditions. The following special conditions shall apply within the C-O District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Street access. No C-O District shall derive its primary access from a local street abutting a residential district.

C.

C-1 Neighborhood Commercial District.

1.

Purpose. The C-1 District implements the commercial development plan land use category. The C-1 District is intended to provide small convenient, indoor retail/commercial services and offices, and in residential neighborhood locations at an intersection or on a major street. Buffering, landscaping and open space areas separate the commercial and office uses from residential uses.

Note: The C-1 Neighborhood Commercial District is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts.

2.

Special conditions. The following special conditions shall apply to the C-1 District:

a.

District size.

(1)

Minimum district size: Minimum district size shall be one acre.

(2)

Maximum district size: Maximum district size shall not exceed ten acres.

b.

Location and access standards.

(1)

C-1 Districts shall be separated by a distance of at least one-half mile;

(2)

C-1 Districts shall be located within one-quarter mile of the intersection of an arterial street and a residential street;

D.

C-2 General Commercial District.

1.

Purpose. The C-2 District implements the commercial development plan land use category. The C-2 District is intended to accommodate general trades and commercial services not permitted in central and neighborhood commercial districts located at select nodes, intersections and highway interchanges to serve the motoring public and highway users. Buffering, landscaping and open space areas are required to mitigate impacts of the more intensive land uses and traffic activities as well as provide adequate access and traffic improvements.

Note: The C-2 General Commercial district is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts.

2.

Special conditions. The following special conditions shall apply within the C-2 District:

a.

District size.

(1)

Minimum district size: Minimum district size shall be one acre.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards.

(1)

C-2 Districts shall be bordered on at least one side by an arterial street.

(2)

No C-2 use shall derive its primary access from a local street abutting a residential district.

E.

C-3 Central Commercial District.

1.

Purpose. The C-3 District implements the commercial development plan land use category. The C-3 District is intended to provide concentrated retail and services for public, semi-public, institutional and professional and business offices and services within the area around the State Capitol and downtown.

Note: The C-3 Neighborhood Commercial District is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts.

2.

Special conditions. The following special conditions shall apply within the C-3 District:

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No standards have been established for this district.

c.

Residential uses. Residential uses located in commercial and non-residential buildings shall be limited to the second and higher stories of buildings.

F.

M-1 Light Industrial District.

1.

Purpose. The M-1 District implements the industrial development plan land use category. The M-1 District is intended to accommodate limited, light industries that manufacture and assemble finished products with limited land use impacts. Buffering, landscaping and open space areas are required to mitigate impacts of land uses on adjacent development.

2.

Special conditions. All industrial uses shall be operated in compliance with the special conditions described below. All uses shall be constructed, maintained, and operated so as not to be injurious to the use and occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire, explosive hazard, glare or similar nuisance.

a.

District size.

(1)

Minimum district size: There is no minimum district size.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No M-1 District shall derive its primary access from a local street abutting a residential district.

c.

Residential uses. Residential uses as principal uses are prohibited provided, however, that one single dwelling unit may be provided on any site for a caretaker or night watchman.

G.

M-2 General Industrial District.

1.

Purpose. The M-2 District implements the industrial development plan land use category. The M-2 District is intended to permit any use allowed in the M-1 District as well as more intensive manufacturing, processing of raw materials. Extensive buffering, landscaping and open space areas are required to mitigate impacts of the intensive land uses and traffic.

2.

Special conditions. The following special conditions shall apply to development in the M-2 District:

a.

District size.

(1)

Minimum district size: Minimum district size shall be ten acres.

(2)

Maximum district size: There is no maximum district size.

b.

Location and access standards. No M-1 District use shall access a street in a residentially zoned district.

c.

Residential uses. Residential uses are prohibited as principal uses, however, one single dwelling unit may be provided on any site for a caretaker or night watchman.

(Ord. 13879, § 2, 5-16-2005)

A.

Purpose. To provide land use and design flexibility in exchange for long term community benefits where streets and utilities are adequate and where proposed development is compatible with existing and planned development on adjacent property. The PUD District generally will require simultaneous subdivision and rezoning, as well as the execution of a development agreement to provide for the installation and continued maintenance of public and private facilities.

The PUD District requires review pursuant to subsection 35-74.C to ensure that development flexibility results in high quality developments providing amenities for district residents and long-term benefits for the community as a whole.

B.

Establishment of allowed uses. The following uses may be authorized within the PUD District at the discretion of the Council:

1.

Any use specifically authorized within a district that implements the development plan land use plan pursuant to this ordinance.

2.

Any other use that the Council finds compatible with the existing and planned uses in the development and on adjacent properties.

3.

Manufactured home subdivision development in conformance with article IV, section 35-41.

C.

Adoption and modification of authorized uses. The Council, at the time of adoption of an ordinance establishing the PUD district, shall list the uses that are authorized. All authorized uses shall be subject to applicable approval processes established in article VII, subsection 35-74.C of this ordinance. Modification of the authorized use lists for any planned development shall be processed pursuant to the rezoning process established in article VII, subsection 35-74.C of this ordinance.

D.

Special conditions.

1.

Generally. Planned developments shall comply with the standards of this ordinance, except when the City finds that public or private amenities provided by the proposed development exceed those that would be achieved through development that strictly complies with the minimum standards of this ordinance.

2.

Minimum district size. A minimum of ten acres shall be required for the establishment of the PUD District, unless the Planning and Zoning Commission recommends and the Council finds that a PUD District is appropriate for the development or redevelopment of a smaller infill site.

3.

Location and access standards.

a.

Location. The PUD plan shall be compatible with existing and planned development on adjacent property. The Planning and Zoning Commission may recommend extension of the PUD District to include additional area, including those areas where a previously approved PUD District abuts land of a different zoning.

b.

Access. The PUD plan shall include provisions to coordinate with existing and proposed transportation systems, including streets, transit facilities, bikeways or pedestrian trails.

4.

Residential density. Gross residential densities, as defined in article IX, shall be established at the time of preliminary plan approval. Densities greater than those designated in the adopted development plan land use plan shall be based on the compatibility of the proposed development with adjacent uses, the adequacy of facilities and services and the amenities provided for users of the development.

5.

Non-residential intensity. For non-residential development, a maximum floor area ratio (FAR) shall be established at the time of the planned development approval process. In determining the maximum FAR, the Planning and Zoning Commission and Council shall consider:

a.

The intensity of adjacent development;

b.

Demands for the non-residential development proposed in the PUD;

c.

The mix of residential and non-residential development in the vicinity;

d.

The adequacy of transportation facilities, including streets, parking, transit facilities and bicycle/pedestrian facilities; and

e.

The adequacy of utilities and public facilities and services.

6.

Setback. Building setbacks shall be not less than the minimum setback standards established in article V for the district that implements the designated development plan land use category unless the applicant can demonstrate that:

a.

Buildings can be designed safely and compatibly with smaller setbacks;

b.

Reduced setbacks are offset by the provision of readily accessible private or common open space;

c.

Modified setbacks provide for the protection of steep hillsides, wetlands or other environmentally sensitive natural features; and

d.

All buildings are provided with adequate emergency access for fire protection.

7.

Community amenities. Deviation from the standards may be recommended by the Planning and Zoning Commission and approved by the Council subject to the provision of the following community amenities.

a.

Transportation amenities, including additional trails, bike or pedestrian amenities, and/or transit-oriented improvements (including school bus shelters);

b.

Park land dedication and facilities for active or passive recreation;

c.

Open space or agricultural land reservation;

d.

Community facilities for provision of public services beyond those required for development within the PUD; or

e.

Other provisions in excess of minimum standards that the Planning and Zoning Commission and the Council find provide sufficient community benefit to offset the proposed deviation from strict development standards.

8.

Landscape buffers. The placement and extent of landscape buffers shall be depicted upon the PUD plan and approved by the Planning and Zoning Commission, however, the standards for such buffers shall not be less than those contained in section 35-59 and landscape buffers in a PUD shall in no case be less than the landscape buffer required by exhibit 35-59A and exhibit 35-59B.

9.

Conformance with Neighborhood Conservation Overlay Districts. Planned unit development plans located within a neighborhood conservation overlay district shall be compatible, in terms of exterior design of building, size and scale of building, and other standards contained within the neighborhood conservation overlay district. Deviations from the standards of the neighborhood conservation overlay district may be recommended by the Planning and Zoning Commission and approved by the Council provided it is found that there is sufficient community benefit to offset the proposed deviations.

E.

Traffic impact analysis. In the case of large or complex developments, the Commission may recommend and the Council may require that a traffic impact analysis be prepared pursuant to section 35-60.

F.

Approval of PUD by adoption of PUD ordinance. Approval of the PUD, by adoption of an ordinance that sets forth the conditions for development of the PUD, allows the development and use of a parcel of land under certain specific conditions. No use of the parcel, nor construction, modification, or alteration of any use or structures within the PUD project shall be permitted unless such construction or use complies with the terms and conditions of the approved plan as evidenced by the adopting ordinance. Each subsequent owner and entity created by the development (such as property owner's associations or an architectural review committee) shall comply with the terms and conditions established in the adopting ordinance. At the option of the City, a development agreement may be drawn up between the parties.

G.

Coordination with subdivision.

1.

Conformance with subdivision review. Subdivision review, in accordance with chapter 33, the subdivision regulations, shall be carried out simultaneously with the review of the PUD zoning in conformance with article VII, subsection 35-74.C of this ordinance.

2.

Conformance with subdivision requirements. The development plans submitted under article VII shall satisfy the requirements of the subdivision regulations for preliminary plat and final plat in chapter 33.

3.

Final plat not required, when. The requirements of this Section and those of chapter 33 shall apply to all PUD projects, provided, however, that when the PUD is proposed in an existing subdivision and no changes are proposed to existing lot boundaries, rights-of-way, or public or private easements, no new final plat shall be required.

H.

Relationship to building codes. In no case shall the requirements of any adopted building or fire codes be varied as a part of the approval process of a PUD.

I.

Planned unit development district designation. The Director shall show the approved PUD district on the official zoning map by specifying the official development file number.

J.

Amendment of the plan. A PUD plan may be amended in conformance with article VII, subsection 35-74.C.

(Ord. No. 15647, § 6, 4-17-2017)

A.

Land uses authorized in zoning districts. Exhibit 35-28 lists the principal uses allowed within the zoning districts. The categories of uses listed below are subject to all other applicable standards of this ordinance. The exhibit lists use categories and an abbreviated definition of each respective use category. In some cases, "specific use types" are listed in the second column of the table. If a specific use type is listed in the table, that use type is allowed only within the districts indicated, not within the districts that allow the broader use category. See also section 35-41 for specific use standards.

P

Permitted uses. A "P" indicates that the listed use is allowed by-right within the respective zoning district.

SE

Special exception uses. An "SE" indicates that the listed use is allowed within the zoning district only after review and approval of a special exception use permit by the Commission and Council, in accordance with the review procedures of article VII, subsection 35-73.D.

C

Conditional uses. A "C" indicates that the listed use is allowed within the zoning district only after review and approval of a conditional use permit by the Board of Adjustment, in accordance with the review procedures of article VII, subsection 35-73.A.

-

Prohibited uses. A "-" indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this ordinance.

B.

Uses not provided for in zoning districts. In the case where a use is not specifically listed in table 35-28, the Director shall determine the appropriate district or districts where such use shall be allowed based on a comparison of other uses which most closely resemble the unlisted use. Classification of a use may be appealed to the Board of Adjustment.

(Ord. No. 13376, § 1, 5-6-2002; Ord. 13493, § 1, 1-21-2003; Ord. 13702, §§ 1, 2, 4-19-2004; Ord. 13718, § 1,5-17-2004; Ord. No. 13762, § 1, 8-16-2004; Ord. No. 13821, § 1, 1-3-2005; Ord. No. 13879, § 1, 5-16-2005; Ord. No. 14052, § 1, 6-19-2006; Ord. 15075, § 1, 1-22-2013; Ord. No. 15243, 3-3-2014; Ord. No. 15289, §§ 2 and 3, 7-21-2014; Ord. No. 15412, § 1, 7-20-2015; Ord. No. 15448, § 1, 10-21-2015; Ord. No. 15456, §§ 1, 2, 3, 4, 11-16-2015; Ord. No. 15541, § 1, 7-26-2016; Ord. No. 15648, § 1, 4-17-2017; Ord. No. 15686, § 1, 7-17-2017; Ord. No. 15687, § 1, 7-17-2017; Ord. No. 15761, § 5, 1-3-2018; Ord. No. 15926, § 1, 6-3-2019; Ord. No. 15934, § 1, 7-15-2019; Ord. No. 15967, § 1, 11-4-2019; Ord. No. 15976, § 1, 12-2-2019; Ord. No. 16392, § 1, 12-18-2023)