(a)

The Planned Development (PD) District is intended for single or mixed uses, to encourage innovative subdivision or site plan design, and promote superior development that is compatible with adjacent land uses.

(b)

To the extent reasonably possible, PD Districts should provide for the integrity, maintenance, and improvement of natural features, drainageways, and wetlands. PD districts allow flexibility with respect to the placement of buildings and structures on the land, permissible uses of the land, and development regulations for the land, as well as flexibility with respect to the review and approval process. This flexibility extends to the discretionary approval by the city of a concept plan for each PD district as required by this article, including consideration by the city of such items as proximity to major transportation arteries (such as freeways, expressways or mass transit routes), parking requirements, setbacks, square footage of buildings and structures, sign placement, screening, landscaping, buffer zones, residential and non-residential density, and the ratio of mixed commercial or retail and residential uses and structures. It is intended that, prior to the approval of PD district zoning, it should be demonstrated that adequate public services and infrastructure capacity exist or are planned that will support development within the PD district.

(c)

The Planned Development (PD) District is intended for tracts for which a standard zoning classification may be inappropriate. Special circumstances that may warrant a PD zoning classification include the following:

(1)

Areas that serve as a transition between different and often incompatible land uses.

(2)

Areas with environmental constraints that may require special design considerations for the preservation of environmental features.

(3)

Areas of special concern to existing or proposed residential neighborhoods where standard zoning may not adequately address concerns of land use intensity, buffering and screening, open spaces, tree preservation, cluster development, infill areas, undesirable activities or design features, access and transportation impacts, landscaping, lighting, signage, noise, air quality, protection of water resources, type of construction, type of building materials, allowable uses, design concept, architectural control, maintenance, height of improvements, building mass, square footage of residential units, setbacks, recreational amenities, covered parking, view preservation, historical preservation, mixed uses, public safety and welfare, or any other features for which special site conditions or other considerations may warrant innovative or custom design.

(Ordinance 06-09, § 2, 3-23-06)

A PD may be utilized for any type of land use permitted in other zoning districts within the city, provided all uses are compatible with adjacent uses and the comprehensive plan.

(Ordinance 06-09, § 2, 3-23-06)

When considering a PD, the unique nature of each proposal for a PD may require, under proper circumstances, the departure from certain codes and ordinances. The adoption of an ordinance establishing a PD district shall constitute authority for such flexible planning to the extent that the PD, as approved, departs from city codes and ordinances. However, each PD must comply with the following criteria.

(1)

Goals and objectives. Before approving a PD, the city council shall determine that it meets the following goals and objectives:

a.

The development in the proposed PD is equal to or superior to development that would occur under the standard ordinance requirements. The overall quality of development within a PD, together with its integration of the PD with adjacent land uses, shall be the prime determinants of whether or not a PD is approved.

b.

A PD shall be in harmony with the general purposes, goals, objectives, and standards of the comprehensive plan.

c.

A PD shall not have an adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare.

d.

A PD shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities.

e.

A PD shall be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district.

(2)

Size. Creation of a PD is only justified for development of tracts one acre or greater in size unless special topographic constraints or exceptional circumstances affect the property. There is no maximum size for a PD.

(3)

Height and area requirements.

a.

Height. The height limitation for structures within the PD shall be approved as part of the development plan or PD ordinance to assure compatibility with adjacent developments and other portions of the PD. Height may not exceed 1.5 times the maximum height allowance for similar proposed uses in standard designated zoning districts within the city.

b.

Area. An individual lot for each structure is not required. However, individual lots may be provided at the developer's option and shown in the development plan.

(4)

General provisions.

a.

Developments within a PD must comply with all other applicable ordinances not specifically waived by this section. In the event of any conflict or inconsistency between the provisions of an ordinance creating a PD district (a PD ordinance) and the provisions contained in any other applicable ordinances of the city (including but not limited to this chapter), the provisions and the intent of the PD ordinance shall control. In the event a PD ordinance does not include a zoning standard or regulation that is otherwise required by this chapter, then the standard or regulation required by this chapter shall be applied to development within the PD district so long as such application does not conflict with the provisions, purposes, or intent of the PD ordinance. The applicability of such standards and regulations shall be determined by the zoning administrator and all such determinations shall take into consideration, and shall give full effect to, the provisions, purposes, and intent of the PD ordinance. The property owner or applicant may appeal the decision of the zoning administrator in such matters to the city council.

b.

Where a PD creates any common property, a property owners' association and maintenance fund shall be established for the PD to assure the continued maintenance of common property within the development. The association shall be legally incorporated prior to the issuance of the first building permit.

c.

PD zoning shall not waive any basic health or safety standards.

d.

Where parking is waived for a PD due to a specific targeted market (e.g., senior citizens housing), an overlay to the development shall be provided to show how full parking could be accommodated if conditions change in the future, and a method established to accommodate such changes.

e.

All utility lines and infrastructure, streets and drainage facilities shall meet all applicable standards.

f.

All pavement widths and curve radii, for both public and private streets, shall be designed to assure adequate access by fire and emergency vehicles.

g.

Minimum lot sizes as required by the city's subdivision regulations and this chapter may be waived, provided that:

1.

The PD provides for adequate buffers to assure compatibility with adjacent developments inside and outside of the PD;

2.

The PD preserves natural features on the site to the extent reasonably feasible.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The development plan shall be submitted simultaneously with an application for a change in zoning to PD, shall include both plans and written documents for the entire PD area, and shall specifically include the following as a minimum:

(1)

The location and gross acreage of each density area including the dwelling intensity of any residential areas or the lot sizes and locations of any other uses within the PD, as well as the areas intended for single family development, other residential development, non-residential development including schools, commercial and retail areas, and locations of utility plants, and common areas, open space, or recreational uses, such as parks, green belts and golf courses.

(2)

The location of areas proposed to be conveyed, dedicated or reserved for public open space, playgrounds, school sites, or public buildings.

(3)

Floodplain locations (based on best available information), and the locations of major drainage ways and all public streets.

(4)

The location and development criteria of all landscaped buffer areas within 100 feet inside the perimeter of the parcel. Landscaped buffer areas include naturally vegetated or undisturbed areas.

(5)

The public dedications and physical improvements which will be undertaken to assure compatibility with adjacent land uses.

(6)

Complete development standards including, but not limited to, the following:

a.

Exterior construction materials for residential and nonresidential uses;

b.

Maximum height of all structures;

c.

Screening and buffering between residential and nonresidential uses;

d.

Residential density;

e.

Nonresidential density (expressed as a floor area ratio);

f.

Minimum square footage of floor areas for all dwellings;

g.

Setbacks for front yards, side yards, and rear yards and, if applicable, lot coverage;

h.

Parking;

i.

Landscape;

j.

A legend detailing the minimum area of open space, the maximum density, the percentage of land allotted to each use, and the general location of each use; and

k.

Any other regulations or standards proposed by the applicant.

(b)

The location of existing and proposed major thoroughfare and arterial and collector street layouts surrounding and serving the property.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The designation of a PD district is an amendment to the zoning ordinance [this chapter] and map and shall meet all the requirements of an application for rezoning.

(b)

The development plan and supporting documents shall form part of the ordinances and be attached as exhibits thereto.

(c)

Prior to formal consideration of a plan for a PD, the planning and zoning commission and the city council shall hold public hearings at which interested parties or citizens shall have an opportunity to be heard in the same manner as required for a rezoning application.

(d)

The planning and zoning commission may take action to:

(1)

Recommend approval as submitted;

(2)

Recommend approval contingent on changes suggested by the commission; or

(3)

Recommend disapproval.

(e)

The city council may take action to:

(1)

Approve as submitted;

(2)

Approve as amended; or

(3)

Disapprove.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Minor changes. Minor alterations to the development plan required by engineering or other circumstances, which do not substantially change the concept of the PD, may be approved administratively by the city manager. Changes which reduce the intensity of the land use (e.g., from commercial to residential) are minor changes.

(b)

Major changes. Major changes are any changes other than a minor change and shall be reviewed in accordance with the same procedure required in the original PD application.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Platting will be determined by the proposed development plan. The development plan must be approved prior to the filing of and preliminary or final plat application.

(b)

If development of the PD is to occur in phases, then a schedule shall be submitted as part of the development plan. The schedule shall indicate the timing, land uses, density and density bonus features of each phase. The schedule is for planning purposes and may be changed as a minor change.

(c)

All lands to be dedicated for public park land, public use or school site purposes shall be dedicated in the first phase of development, or a schedule outlining when such dedications are to be made shall form part of the development plan.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Pre-application conference. Prior to filing an application for PD approval, the prospective applicant shall request a pre-application conference with the city manager, mayor, chair of the planning and zoning commission, and city engineer or their designee(s). At the conference, the general outline of the PD proposal, evidenced schematically by sketch plans, shall be presented by the applicant. At the applicant's request, city staff shall, within ten working days, furnish the applicant with written comments regarding the conference, including any appropriate recommendations, to inform and assist the applicant in preparation of the development plan.

(b)

Additional fees. Additional fees incurred by the city for review of the development plan by a consulting city engineer or city attorney shall be reimbursed to the city by the applicant.

(c)

Number of copies. The submission of an application for PD zoning shall be accompanied with the number of copies of the development plan required by the city and all applicable fees.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Nonresidential development. Except as provided by the PD ordinance, all nonresidential development within a PD District shall require site plan approval in accordance with the city's ordinances. Nonresidential site plans may be approved if they (a) comply with the applicable PD ordinance, (b) comply with the other applicable provisions of the city's ordinances, and (c) are in substantial conformance with the approved development plan.

(b)

Residential development. Final plat approval shall constitute site plan approval for residential development.

(c)

Mixed-use development. If a development plan includes both residential and nonresidential development, only the non-residential portion of the development plan shall require site plan approval. If a development plan contains mixed-use lots or structures, site plan review and approval shall be required.

(Ordinance 06-09, § 2, 3-23-06)

All parking and vehicle use areas, streets, alleys and public ways shall be paved with concrete. Parking shall be provided in accordance with this chapter unless otherwise specifically provided by the PD ordinance.

(Ordinance 06-09, § 2, 3-23-06)

Except as provided by the PD ordinance, all development with a PD district shall require landscape plan approval in accordance with this chapter and other applicable regulations.

(Ordinance 06-09, § 2, 3-23-06)

If a project is not commenced or if no preliminary plan or plat application has been filed within one year from the approval by city council of a development plan and PD zoning ordinance for a particular tract, the planning and zoning commission and the city council may review the development plan and the ordinance granting PD zoning to determine whether the underlying concepts and assumptions are still valid. If any concepts and assumptions are no longer valid, a new development plan may be required or different zoning may be established for the tract.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The city recognizes that the condition, appearance and nature of buildings, structures, and businesses along the US Interstate Highway 35E corridor is visible to many thousands of people each day; that these structures and business serve as the highest and most visible aspect of the city; and that the condition, appearance and nature of these buildings and business affect and directly influence the extent and type of economic development and the quality of life of all citizens of the city. The regulations in this division are intended to stimulate economic growth and strike a fair balance between the competing interests of existing property owners within the IH-35E Business Corridor District and the public health, safety, morals and general welfare of the community.

(b)

The purpose of the IH-35E Business Corridor District is to foster redevelopment and consolidation of properties and to establish design and development standards for development and redevelopment within the district. The district is intended to serve as an overlay on base and underlying zoning and shall be used in conjunction with the base zoning district regulations of the property located within the overlay district.

(Ordinance 06-09, § 2, 3-23-06)

The IH-35E Business Corridor District is defined as properties located between US Interstate Highway 35E and the rail corridor which parallels US Interstate Highway 35E to the east.

(Ordinance 06-09, § 2, 3-23-06)

The base zoning district and the associated zoning regulations, as amended, applicable to property within the IH-35E Business Corridor District shall determine the permitted uses. Exceptions to this requirement are set forth in this division.

(Ordinance 06-09, § 2, 3-23-06)

The following uses are prohibited in the IH-35E Business Corridor District:

(1)

Agriculture.

(2)

Automobile repair shop (major).

(3)

Automobile sales, rental repair and storage.

(4)

Auto parts sales (with outside storage).

(5)

Boat sales, rental, repair and storage.

(6)

Cabinet shop.

(7)

Car-truck wash.

(8)

Cemetery.

(9)

Commercial parking lot.

(10)

Contractor shop and storage yard.

(11)

Dwellings, one-family.

(12)

Dwellings, two-family.

(13)

Equipment and machinery sales and rental.

(14)

Furniture restoration.

(15)

Gun clubs, skeet shoots or target ranges.

(16)

Household appliance service and repair.

(17)

Mobile-manufactured home.

(18)

Model home.

(19)

Motorcycle sales, rental, repair and storage.

(20)

Mini-warehouse.

(21)

Pawn shop.

(22)

Public and private schools.

(23)

Recreational vehicle sales, rental, repair and storage.

(24)

School bus storage.

(25)

Sewage treatment plant.

(26)

Sexually oriented businesses.

(27)

Taxidermist.

(28)

Truck (heavy)-bus sales, rental, repair and storage.

(29)

Upholstery shop.

(30)

Water treatment plant.

(Ordinance 06-09, § 2, 3-23-06)

Service bays for uses permitted within the IH-35E Business Corridor District shall be oriented perpendicular to US Interstate Highway 35E and Denton Drive.

(Ordinance 06-09, § 2, 3-23-06)

Drive in-through service for shops and stores for the sale of alcoholic beverages are prohibited within the IH-35E Business Corridor District.

(Ordinance 06-09, § 2, 3-23-06)

The minimum lot size shall be 40,000 square feet.

(Ordinance 06-09, § 2, 3-23-06)

(a)

No building or structure shall exceed 80 feet nor be more than six stories in height.

(b)

The maximum building height for LEEDTM (Leadership in Energy & Environmental Design) certified buildings shall be 95 feet, or seven stories.

(Ordinance 06-09, § 2, 3-23-06)

For new development or redevelopment within the IH-35E Business Corridor District, a maximum reduction in parking of 20 percent may be allowed by the zoning administrator or his designee for multi-tenant retail shopping centers or office developments.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Exterior surfaces of structures in the IH-35E Business Corridor District shall consist of masonry materials covering no less than 100 percent of total exterior surfaces exclusive of windows, doors and gables.

(b)

Pink or gold glass windows and/or doors shall not be permitted in the IH-35E Business Corridor District.

(c)

Upon recommendation from the planning and zoning commission following public hearing, the city council may consider and grant or deny an exemption from the foregoing exterior masonry requirement. The city council shall hold a public hearing following recommendation by the commission. The application shall include a site plan, elevations and proof of an architectural theme or an individual theme that would require a different type of exterior. The application fee shall be as set forth in the city's master fee schedule.

(Ordinance 06-09, § 2, 3-23-06; Ordinance 12-13, § 13, 7-26-12)

(a)

All new electrical and/or communications utilities shall be located underground in compliance with utility service regulations.

(b)

Existing electrical and/or communications utilities shall be relocated underground in compliance with utility service regulations, upon redevelopment of property.

(Ordinance 06-09, § 2, 3-23-06)

Vehicular cross access shall be provided where possible between contiguous lots within a development.

(Ordinance 06-09, § 2, 3-23-06)

For the purposes of this division, "redevelopment" shall mean the construction of a new building or structure in the place of an existing building or structure, the construction of a new building on an existing lot, any structural alteration of an existing building or structure, or the construction of an extension or addition to an existing building or structure that is at least ten percent in floor area size of the existing building or structure.

(Ordinance 06-09, § 2, 3-23-06)

The purpose of the Downtown District is to foster a pedestrian-oriented, mixed-use environment that provides housing, employment, business and personal services and promotes development and redevelopment within the district. The use and reuse of properties with historical, architectural or cultural value within this district shall be strongly encouraged in order to protect and/or retain these properties whenever possible. The Downtown District shall be used in conjunction with the base zoning district regulations of the property located within the district.

(Ordinance 09-01, § 1, 1-22-09)

The Downtown District is defined as that area shown by listing of properties in Attachment A and a map shown on Attachment B [to Ordinance 09-01].

(Ordinance 09-01, § 1, 1-22-09)

(a)

Development, redevelopment and/or infill development within the Downtown District shall be consistent with Main Street development theme and design standards as established by the Main Street Improvements Master Plan as approved and as may be amended from time to time.

(b)

For the purposes of this division, "development and redevelopment" shall mean the construction of a new building or structure in the place of an existing building or structure, the construction of a new building on an existing lot, any structural alteration of an existing building or structure, or the construction of an extension or addition to an existing building or structure that is at least ten percent in floor area size of the existing building or structure.

(c)

In order to promote the use and reuse of existing properties with historical, architectural or cultural value within this district, and to protect these structures from unnecessary harm or destruction, plans for the demolition of any existing structure within the Downtown District shall be reviewed and approved by the board of adjustment prior to issuance of a demolition permit.

(d)

The regulations, provisions and requirements of the underlying zoning shall be applicable to properties, uses, buildings and structures within the Downtown District except as may be excepted or modified by this division.

(Ordinance 09-01, § 1, 1-22-09)

The base zoning district of the property within the district shall determine the permitted uses, except as may be provided in this division.

(Ordinance 09-01, § 1, 1-22-09)

The following additional uses shall be permitted within the Downtown District:

(1)

Special event vendors, by permit;

(2)

Temporary seasonal vendors (for the sale of pumpkins, Christmas trees, etc.), by permit; and

(3)

Mixed-use developments with residential units above commercial uses (such as live-work units, residential lofts, etc.), allowable by planned development district zoning only.

(Ordinance 09-01, § 1, 1-22-09)

The following uses shall be prohibited:

(1)

Agriculture.

(2)

Automobile repair shop (major or minor).

(3)

Automobile sales, rental repair and storage.

(4)

Auto parts sales.

(5)

Boat sales, rental, repair and storage.

(6)

Bus terminal.

(7)

Car-truck wash.

(8)

Cemetery.

(9)

Contractor shop and storage yard.

(10)

Convenience store with gas pumps.

(11)

Drive in-through service for shops and stores for the sale of alcoholic beverages.

(12)

Equipment and machinery sales and rental.

(13)

Feed store.

(14)

Flea market.

(15)

Freight terminals, moving and transfer companies.

(16)

Gun clubs, skeet shoots or target ranges.

(17)

Household appliance service and repair.

(18)

Laundromat.

(19)

Mobile-manufactured home.

(20)

Motorcycle sales, rental, repair and storage.

(21)

Mini-warehouse.

(22)

Office showroom.

(23)

Office warehouse-distribution center.

(24)

Nursery-greenhouse.

(25)

Pawn shop.

(26)

Recreational vehicle sales, rental, repair and storage.

(27)

School bus storage.

(28)

Sewage treatment plant.

(29)

Sexually oriented businesses.

(30)

Taxidermist.

(31)

Truck-bus sales, rental, repair and storage.

(32)

Upholstery shop.

(33)

Warehouse, including mini-warehouse

(34)

Water treatment plant.

(Ordinance 09-01, § 1, 1-22-09)

No building or structure shall exceed three stories nor be more than 50 feet in height.

(Ordinance 09-01, § 1, 1-22-09)

No side or rear yard setbacks are required within the Downtown District. The minimum front yard setback shall be ten feet from back of curb or curbline in order to accommodate sidewalks. Where possible, buildings shall be built to or close to sidewalks.

(Ordinance 09-01, § 1, 1-22-09; Ordinance 15-12, § 1, 9-24-15)

Uses shall comply with the base zoning district lot area requirements, except that special event vendors shall not have lot area requirements.

(Ordinance 09-01, § 1, 1-22-09)

Uses shall comply with the base zoning district lot width requirements, except that special event vendors shall not have lot width requirements.

(Ordinance 09-01, § 1, 1-22-09)

Uses shall comply with the base zoning district lot depth requirements, except that special event vendors shall not have lot depth requirements.

(Ordinance 09-01, § 1, 1-22-09)

The maximum lot coverage is 100 percent.

(Ordinance 09-01, § 1, 1-22-09)

Except as may be provided in this section, parking shall be in accordance with the requirements of article XIX of this chapter, subject to the following provisions:

(1)

On-street parking (parallel, angled or head-in) shall be permitted within the Downtown District and shall count towards the off-street parking requirement of the underlying zoning district and use.

(2)

The parking area provided for each space shall be a minimum of nine feet wide and 18 feet deep plus the maneuvering space necessary to utilize each space.

(3)

Required parking shall be located and maintained anywhere within the Downtown District (either off-street or on-street) and shall not be required on the same lot as the use it is intended to serve.

(4)

Off-street parking lots and entry driveways-approaches to such parking lots shall be paved with concrete or asphalt.

(5)

For mixed-use developments, a maximum reduction in required parking spaces of 20 percent may be allowed by the city manager or his designee to promote shared parking.

(6)

Vehicular cross access shall be provided where possible between contiguous lots.

(Ordinance 09-01, § 1, 1-22-09; Ordinance 15-12, § 2, 9-24-15)

(a)

Exterior surfaces of structures in the Downtown Overlay District shall consist of durable materials such as masonry, including concrete plank siding and Exterior Insulated Finishing Systems (EIFS), wood and other materials that replicate those now in use in the district.

(b)

Upon development, redevelopment and/or infill development within the Downtown District, each new or reconstructed building and structure, or part thereof, shall have a minimum of four of the following architectural features:

(1)

Arch.

(2)

Awning, canopy or portico.

(3)

Balcony.

(4)

Cornice.

(5)

Decorative display window(s).

(6)

Dormer.

(7)

Molding (decorative).

(8)

Overhang.

(9)

Parapet roof.

(10)

Patio.

(11)

Stoop.

(12)

Trim (decorative).

(13)

Varied roof height of a minimum of ten feet.

(14)

Other architectural features as approved by planning and zoning commission and city council.

(c)

Pink or gold glass windows and/or doors shall not be permitted in the Downtown District.

(Ordinance 09-01, § 1, 1-22-09; Ordinance 09-02, § 1, 2-26-09)

All new electrical and/or communications utilities shall be located underground and installed in compliance with utility service regulations. Existing electrical and/or communications utilities shall be relocated underground upon development or redevelopment of property and shall be installed in compliance with utility service regulations.

(Ordinance 09-01, § 1, 1-22-09)

(a)

Purpose. Following the completion of the bridge across Lake Lewisville connecting cities and towns to the northeast of Lake Dallas with Interstate Highway 35E, and the expansion of Swisher Road, the increased volumes of traffic along Swisher Road, particularly between Interstate Highway 35E and Shady Shores Road, encourages a shift in land use from single-family residential to commercial and retail uses. This change is consistent with existing industrial and commercial uses on the south side of Swisher Road. The purpose of the Swisher Road District is to enable a transition between the existing residential properties along the north side of Swisher Road to commercial-retail oriented land uses, to protect and preserve the residential nature of adjacent properties, and to promote development and redevelopment within the district. The Swisher Road District shall be used in conjunction with the C-1 Retail District regulations.

(b)

Boundary. The district is defined as that area comprised by the properties described in Attachment A to the ordinance creating the district [Ordinance 14-08], which shall be kept and maintained on file in the offices of the city secretary.

(c)

General.

(1)

Development, redevelopment and/or infill development within the district shall be consistent with the C-1 Retail District.

(2)

For the purposes of this division, "development and redevelopment" shall mean the construction of a new building or structure in the place of an existing building or structure, the construction of a new building on an existing lot, and any structural alteration of an existing building or structure, or the construction of an extension or addition to an existing building or structure, that is at least ten percent in floor area size of the existing building or structure.

(3)

The regulations, provisions and requirements of the C-1 Retail District shall be applicable to properties, uses, buildings and structures within the Swisher Road District except as may be excepted or modified by this division.

(d)

Permitted and prohibited uses.

(1)

The following uses shall be permitted as uses by right within the district:

Antique shop.

Art gallery.

Professional offices.

Medical offices.

Beauty salon.

Barber shop.

Dance studio.

Dry cleaners.

Locksmith shop.

Print shop.

Veterinarian clinic (no outdoor kennels).

Taxidermist.

(2)

The following uses are prohibited:

Agriculture.

Automobile repair shop (major or minor).

Automobile sales, rental repair and storage.

Auto parts sales.

Boat sales, rental, repair and storage.

Bus terminal.

Car-truck wash.

Cemetery.

Contractor shop and storage yard.

Convenience store with gas pumps.

Drive in-through service for shops and stores for the sale of alcoholic beverages.

Equipment and machinery sales and rental.

Feed store.

Flea market.

Freight terminals, moving and transfer companies.

Gun clubs, skeet shoots or target ranges.

Household appliance service and repair.

Laundromat.

Mobile-manufactured home.

Mortuary-funeral parlor.

Motorcycle sales, rental, repair and storage.

Mini-warehouse.

Office showroom.

Office warehouse-distribution center.

Nursery-greenhouse.

Pawn shop.

Recreational vehicle sales, rental, repair and storage.

School bus storage.

Sewage treatment plant.

Sexually oriented businesses.

Special event vendors.

Truck-bus sales, rental, repair and storage.

Upholstery shop.

Warehouse, including mini-warehouse.

Water treatment plant.

(3)

Upon recommendation from the planning and zoning commission following public hearing, the city council may consider and grant or deny a request for a use that is not listed as a permissible use by right. The city council shall hold a public hearing following recommendation by the commission. The application shall include a site plan. The application fee shall be as set by the city council. The planning and zoning commission shall hold a public hearing on such application and the commission shall make its recommendation known to the council. The city council will hold a public hearing.

(4)

The height, setbacks (front and side yards), lot area, lot width, lot depth and lot coverage requirements applicable in the C-1 Retail District shall apply to properties within the district. The minimum side yard setback shall be not less than five feet.

(e)

Parking. On-street parking and loading in the district is prohibited. The parking and off-street loading requirements applicable in the C-1 Retail District shall apply to properties within the district. Required parking shall be located and maintained anywhere within the district and shall not be required on the same lot as the use it is intended to serve. All parking areas and entry driveways-approaches to such parking areas shall be paved with concrete or asphalt. Vehicular cross access may but need not be provided between contiguous lots.

(f)

Exterior surfaces. Exterior surfaces of structures in the district shall consist of masonry materials covering no less than 100 percent of total exterior surfaces exclusive of windows, doors and gables. Upon recommendation from the planning and zoning commission following public hearing, the city council may consider and grant or deny an exemption from the foregoing exterior masonry requirement. The city council shall hold a public hearing following recommendation by the commission. The application shall include a site plan, elevations and proof of an architectural theme or an individual theme that would require a different type of exterior. The application fee shall be as set by the city council. The planning and zoning commission shall hold a public hearing on such application and the commission shall make its recommendation known to the council. The city council will hold a public hearing.

(g)

Site plan approval. No building, structure, land or premises shall be used, and no building or structure shall be erected, constructed, reconstructed, moved or altered in the district unless and until a site plan has first been approved by the city council, following recommendation from the planning and zoning commission. In reviewing any site plan, the planning and zoning commission and the city council shall consider the public health, safety and welfare and the resulting effect on traffic flow and patterns. The site plan must show compliance with the requirements of this division as well as other requirements imposed by this chapter.

(Ordinance 14-08 adopted 8-28-14)