The F-P Floodplain District is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the flood insurance study and accompanying floodway map, and any subsequent additions or amendments thereto, prepared for the city by the Federal Insurance Administration. This zone is intended for application throughout the zoning jurisdiction in locations where official floodplain delineation has been established. The regulations are intended to minimize the extent of floods and reduce the height and violence thereof, to minimize the hazard of loss of lives and property caused by floods, and to secure safety from floods through the confinement of floods within reasonable limits by regulating and restricting areas of development along or in natural watercourses and drainageways.

(Code 2000, § 16-2-10; Ord. No. 839, § 605.01, 1986)

In the F-P District no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the permitted uses in the parent district to which this district is made a part, provided that such uses and structures meet the minimum requirements of section 30-71.

(Code 2000, § 16-2-20; Ord. No. 839, § 605.02, 1986; Ord. No. 1022, § 1, 2000)

(a)

Notwithstanding the requirements of the parent district, the other requirements of this chapter and the detailed regulations present in chapter 12 concerning minimizing flood damage, the following regulations shall supplement the regulations of the parent district of which this district is made a part. These regulations shall supersede those of the parent district where there is a conflict among regulations. Where, by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person shall initiate any development or substantial improvement, or cause the same to be done, without first obtaining a separate permit for development for each such building or structure in accordance with the detailed requirements of chapter 12. The application for a development permit shall be prepared in writing upon forms furnished for that purpose and shall be filed in the office of the city clerk. The application shall be accompanied by explanatory background information defined in chapter 12, which shall include as a minimum:

(1)

Identification and description of the work to be covered by the permit;

(2)

Description of the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(3)

Indication of the use of occupancy for which the proposed work is intended;

(4)

Provision of plans and specifications for proposed construction;

(5)

Signature of the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority; and

(6)

Provision of other information as reasonably may be required by the building official.

(b)

In areas within the municipal zoning jurisdiction which are designated as F-P Floodplain, all developed uses of land and buildings shall meet the minimum standards and requirements for development within flood hazard areas as outlined and defined in article XXIII of this chapter.

(Code 2000, § 16-2-30; Ord. No. 839, § 605.03, 1986; Ord. No. 1022, § 1, 2000)

The lot coverage and intensity of use of the parent district of which this district is made a part shall be the maximum allowable.

(Code 2000, § 16-2-40; Ord. No. 839, § 605.04, 1986)

The height requirements of the parent district of which this district is made a part shall be the maximum height requirements subject to additional requirements as prescribed by this chapter.

(Code 2000, § 16-2-50; Ord. No. 839, § 605.05, 1986)

The yard requirements of the parent district of which this district is made a part shall be the minimum yard requirements subject to additional requirements as prescribed by this chapter.

(Code 2000, § 16-2-60; Ord. No. 839, § 605.06, 1986)

The sign regulations of the parent district of which this district is made a part shall be the minimum requirements for sign regulations.

(Code 2000, § 16-2-70; Ord. No. 839, § 605.07, 1986)

The parking regulations of the parent district of which this district is made a part shall be the minimum requirements for parking subject to additional requirements as prescribed by this chapter.

(Code 2000, § 16-2-80; Ord. No. 839, § 605.08, 1986)

For aesthetic purposes, transportation units used as storage facilities or other structures are prohibited in this district.

(Code 2000, § 16-2-90; Ord. No. 1035, § 1, 2001)

The A-L Agricultural District is established for the purpose of protecting agricultural uses by restricting and regulating density, land coverage and land use.

(Code 2000, § 16-3-10; Ord. No. 839, § 610.01, 1986)

In the A-L District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged, which is arranged or designed for other than one of the uses listed in section 30-100.

(Code 2000, § 16-3-20; Ord. No. 839, § 610.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the A-L District:

(1)

General farm operations;

(2)

Single-family dwelling units on two or more acres;

(3)

Mobile homes incidental to general farm operations on the same tract or parcel with the principal dwelling, provided that the mobile home is used exclusively by the farm family or employees;

(4)

Churches and similar places of worship and parish houses;

(5)

Golf courses and other open land recreational uses, except miniature golf courses, driving tees or other intensive commercial uses, such as automobile race tracks or amusement parks;

(6)

Greenhouses, nurseries and garden centers;

(7)

Institutions of higher learning, including dormitory accommodations, when located on the same tract as the educational buildings;

(8)

Public and semipublic parks, playgrounds, campgrounds, fishing preserves or other recreational areas and community buildings owned and operated by a public agency or nonprofit organization;

(9)

Public or parochial elementary, junior high and high schools, and private schools with equivalent curriculum;

(10)

Stands for the sale of agricultural products or commodities;

(11)

Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces and similar uses;

(12)

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed;

(13)

The renting of not to exceed two sleeping rooms with a total occupancy of not to exceed three persons for whom board may be furnished, but with the prohibition of separate culinary accommodations for such tenants;

(14)

Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semipublic storage and repair facilities, sewage disposal, water supply and treatment facilities, dams and power plants;

(15)

Water sheds, wildlife habitats, wildlife production areas, and game management areas or other conservation uses;

(16)

Correctional facilities, not including community corrections facilities for such programs as are defined in section 14-2 of the Home Rule Charter for the City of Lamar and C.R.S. § 17-27-104 et seq., provided they comply with the following additional requirements:

a.

In order to accommodate potential expansion of the facilities, the site size shall be a minimum of 15 acres in size.

b.

The facility shall be established at least 1,000 feet (measured from property line to property line) from the nearest property which is residentially zoned or used.

c.

The facility shall not be established within 1,000 feet (measured from property line to property line) from any church or place of worship, day care facility, park educational institution, library, museum, community center, residential district or children's amusement park.

d.

Site development shall be in conformance with the landscaping requirements of the zoning district.

e.

The constitution and operation of the correctional facility shall comply with all applicable federal, state and local regulatory requirements.

f.

The city council may deny the locating of a correctional facility in an Agricultural (A-L) District when the use would be detrimental to nearby properties, or in the alternative, the city council may add conditions or safeguards to the approval of a correctional facility location in order to protect the health and welfare of citizens.

(Code 2000, § 16-3-30; Ord. No. 839, § 610.03, 1986; Ord. No. 1022, § 1, 2000; Ord. No. 1060, § 1, 2003; Ord. No. 1205, § 1, 2016)

The following uses may be allowed in the A-L District by special use permit when submitted, reviewed and approved by the board of adjustment and appeals and subject to conditions as the board may impose:

(1)

Any public building erected or land used by any department of the city, county, state or federal government;

(2)

Airports or heliports;

(3)

Cemeteries or crematories;

(4)

Day care centers;

(5)

Nursing homes, rest homes, convalescent homes and homes for the aged, on a tract of land three acres or larger;

(6)

Radio, television, navigation or military control stations, transmitters or towers;

(7)

Animal hospitals or kennels;

(8)

Wrecking yards, salvage yards or junkyards, provided that the storage yard is completely enclosed with a six-foot solid fence or wall and located not less than 300 feet from a residential district zone and subject to the following:

a.

The operation shall be conducted completely within the enclosed area. The fence or wall shall be of uniform texture and color and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the area. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard;

b.

No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosing fence or wall or within the public right-of-way; and

c.

Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the fire department, and in accordance with state requirements. Said burning, when permitted, shall be done during daylight hours only.

(9)

Exploration and extraction of oil and natural gas.

(Code 2000, § 16-3-40; Ord. No. 839, § 610.03.16, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

Any use or structure permitted in any other district and not specifically permitted in this district is prohibited in this district.

(Code 2000, § 16-3-50; Ord. No. 839, § 610.04, 1986; Ord. No. 1022, § 1, 2000)

Tracts in the A-L District shall be two acres or larger.

(Code 2000, § 16-3-60; Ord. No. 839, § 610.05, 1986; Ord. No. 1022, § 1, 2000)

The minimum setback requirements in the A-L District shall be as follows:

(1)

From the back property line: 25 feet for dwellings; 50 feet for all other uses; 15 feet for residential accessory uses;

(2)

From the front property line: 50 feet for all uses;

(3)

From the side property lines: 15 feet for dwellings and accessory uses; 30 feet for all other uses.

(Code 2000, § 16-3-70; Ord. No. 839, § 610.05.02, 1986; Ord. No. 1022, § 1, 2000)

(a)

When a building is within 150 feet of a dwelling district zone, said building shall not exceed 45 feet in height, or as required for fire protection.

(b)

When a building or structure is more than 150 feet from a dwelling district zone, said building or structure shall not exceed 75 feet in height.

(Code 2000, § 16-3-80; Ord. No. 839, § 610.06, 1986)

The minimum off-street parking and loading requirements in the A-L District shall be as follows:

(1)

One space per dwelling unit;

(2)

Schools:

a.

High schools, colleges or universities: ten spaces per classroom;

b.

Junior high or middle schools: 1½ spaces per classroom;

c.

Elementary schools: 1½ spaces per classroom.

(3)

Churches: one space per each four seats;

(4)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-3-90; Ord. No. 839, § 610.07, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-3-100; Ord. No. 839, § 610.08, 1986)

See article III of this chapter.

(Code 2000, § 16-3-110; Ord. No. 839, § 610.09, 1986)

See article IV of this chapter.

(Code 2000, § 16-3-120; Ord. No. 839, § 610.10, 1986)

The E-A Education Agricultural District is intended for certain institutional, recreational and educational purposes to allow limited agriculture, including livestock for display and educational purposes.

(Code 2000, § 16-4-10; Ord. No. 839, § 615.01, 1986; Ord. No. 1022, § 1, 2000)

In the E-A District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged, which is arranged or designed for other than one of the uses listed in section 30-134.

(Code 2000, § 16-4-20; Ord. No. 839, § 615.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the E-A District:

(1)

Any recreational or educational use, including those sponsored by civic groups approved by the city and the county, and noncommercial entities;

(2)

County fairs, rodeos, parks, circuses, carnivals, sports arena events and other like entertainments sponsored by nonprofit organizations;

(3)

Farming, forestry, agriculture, poultry and livestock; buildings and uses for educational and recreational purposes, but excluding feed lots;

(4)

Any public building erected or any land used by any department of government; and

(5)

Buildings, structures or uses required in addition to, and in conjunction with, any use permitted in the district.

(Code 2000, § 16-4-30; Ord. No. 839, § 615.03, 1986; Ord. No. 1022, § 1, 2000)

Day care centers shall be allowed as special exceptions in the E-A District.

(Code 2000, § 16-4-40; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

Any use or structure permitted in any other district and not specifically permitted in this district, is prohibited in this district.

(Code 2000, § 16-4-50; Ord. No. 839, § 615.04, 1986; Ord. No. 1022, § 1, 2000)

There are no minimum lot requirements in the E-A District.

(Code 2000, § 16-4-60; Ord. No. 839, § 615.05, 1986; Ord. No. 1022, § 1, 2000)

The minimum setback requirements in the E-A District shall be as follows:

(1)

From the back property line: 25 feet for all uses;

(2)

From the front property line: 50 feet for all uses; and

(3)

From the side property lines: 20 feet for all uses.

(Code 2000, § 16-4-70; Ord. No. 839, § 615.06, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures in the E-A District shall be as follows for all uses: four stories, 45 feet.

(Code 2000, § 16-4-80; Ord. No. 839, § 615.07, 1986; Ord. No. 1022, § 1, 2000)

The minimum off-street parking and loading requirements in the E-A District are as follows:

(1)

One space per dwelling unit;

(2)

High schools, colleges or universities: ten spaces per classroom;

(3)

Junior high or middle schools: 1½ spaces per classroom;

(4)

Elementary schools: 1½ spaces per classroom;

(5)

Churches: one space per each four seats; and

(6)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-4-90; Ord. No. 839, § 615.08, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-4-100; Ord. No. 839, § 615.09, 1986)

See article III of this chapter.

(Code 2000, § 16-4-110; Ord. No. 839, § 615.10, 1986)

See article IV of this chapter.

(Code 2000, § 16-4-120; Ord. No. 839, § 615.11, 1986)

The O-E Open Estates District is intended for certain rural areas where subdivisions of year-round dwellings are desired, but where limited agriculture may still be practiced.

(Code 2000, § 16-5-10; Ord. No. 839, § 620.01, 1986; Ord. No. 1022, § 1, 2000)

In the O-E District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-172.

(Code 2000, § 16-5-20; Ord. No. 839, § 620.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the O-E District:

(1)

Single-family residences;

(2)

Parks and golf courses, except miniature golf and other similar commercial operations;

(3)

Temporary structures incidental to construction, but only for the period of work;

(4)

Schools: high schools, junior high schools and elementary schools;

(5)

Churches and mortuaries;

(6)

Farming, forestry, agricultural buildings and uses, but excluding feed lots;

(7)

Two farm-type animals, or such greater number as may be approved by the issuance of a special permit under section 30-694 upon such terms and conditions as may be deemed appropriate by the planning and zoning commission;

(8)

Hospitals, medical clinics and professional offices for doctors, lawyers, accountants, engineers and other business offices not merchandising or manufacturing on the premises, and other accessory or auxiliary uses normally or customarily incidental to the uses by right in this district, and all parking shall be provided off-street and not in the required setbacks. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and

(9)

Home occupations, provided that:

a.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a residence or outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and

b.

Vehicle repair shall be conducted only in completely enclosed structures.

(Code 2000, § 16-5-30; Ord. No. 839, § 620.03, 1986; Ord. No. 1022, § 1, 2000; Ord. No. 1125, § 1, 2009; Ord. No. 1203, 2016)

After public notice and hearing and appropriate conditions and safeguards, the board of adjustment and appeals may permit in the O-E District, as special exceptions:

(1)

Any public building or land used by any department of government;

(2)

Garages for the storage of automobiles and/or one commercial vehicle;

(3)

Structures and buildings incidental to the provision of public utilities;

(4)

Buildings, structures or uses required in addition to, and in conjunction with, any use by right in the district;

(5)

Nursing homes and homes for the aged on a tract of land one acre or larger; and

(6)

Day care centers.

(Code 2000, § 16-5-40; Ord. No. 839, § 620.03, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

Any use or structure permitted in any other district, and not specifically permitted in this district, is prohibited in this district.

(Code 2000, § 16-5-50; Ord. No. 839, § 620.04, 1986; Ord. No. 1022, § 1, 2000)

The minimum lot requirements in the O-E District are as follows:

(1)

Area: 21,780 square feet;

(2)

Minimum setback requirements from the following property lines shall be:

a.

From the back property line: ten feet for dwellings; ten feet for residential accessory uses; 30 feet for all other uses.

b.

From the front property line: 50 feet, when the lot faces state- or federally-designated highways; 30 feet on all other uses.

c.

From the side property lines: ten feet for dwellings and accessory uses; 30 feet for all other uses.

(Code 2000, § 16-5-60; Ord. No. 839, § 620.05, 1986; Ord. No. 1022, § 1, 2000)

The minimum floor area for single-family residences in the O-E District is 1,200 square feet.

(Code 2000, § 16-5-70; Ord. No. 839, § 620.06, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures of 2½ stories in the O-E District is 35 feet.

(Code 2000, § 16-5-80; Ord. No. 839, § 620.07, 1986; Ord. No. 1022, § 1, 2000)

The minimum off-street parking and loading requirements in the O-E District are as follows:

(1)

Two spaces per dwelling unit;

(2)

Schools:

a.

High schools, colleges or universities: ten spaces per classroom;

b.

Junior high or middle schools: 1½ spaces per classroom;

c.

Elementary schools: 1½ spaces per classroom;

(3)

Churches: one space per each four seats;

(4)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-5-90; Ord. No. 839, § 620.08, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-5-100; Ord. No. 839, § 620.09, 1986)

See article III of this chapter.

(Code 2000, § 16-5-110; Ord. No. 839, § 620.10, 1986)

See article IV of this chapter.

(Code 2000, § 16-5-120; Ord. No. 839, § 620.11, 1986)

The R-1 Residence District is intended to be primarily a single-family residential district with uses customarily incidental thereto permitted.

(Code 2000, § 16-6-10; Ord. No. 839, § 625.01, 1986; Ord. No. 1022, § 1, 2000)

In the R-1 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-203.

(Code 2000, § 16-6-20; Ord. No. 839, § 625.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the R-1 District:

(1)

Single-family residences;

(2)

Day care homes;

(3)

Parks and golf courses except miniature golf and similar commercial operations;

(4)

Temporary structures incidental to construction, but only for the period of work;

(5)

High schools, junior high schools and elementary schools;

(6)

Churches; and

(7)

Major vehicle repair shall be conducted only in a completely enclosed building or structure.

(Code 2000, § 16-6-30; Ord. No. 839, § 625.03, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

After public notice and hearing and appropriate conditions and safeguards, the board of adjustment and appeals may permit in the R-1 District, as special exceptions:

(1)

Buildings, structures or uses required in addition to, and in conjunction with, any use by right in this district;

(2)

Large day care homes;

(3)

Structures and buildings incidental to the provision of public utilities;

(4)

Nursing homes and homes for the aged;

(5)

Any public building or land used by any department of government;

(6)

Home occupations, provided that:

a.

Only one person other than residents of the premises shall be engaged in such occupation;

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

(7)

Hospitals, provided that:

a.

No equipment or process shall be used in such hospital which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

b.

All parking shall be provided off-street and not in the required setbacks.

(Code 2000, § 16-6-40; Ord. No. 839, § 625.03.07, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

(a)

Any use or structure permitted in any other district, and not specifically permitted in this district, is prohibited in this district.

(b)

For aesthetic purposes, manufactured homes of all types are prohibited in this district.

(Code 2000, § 16-6-50; Ord. No. 839, § 625.04, 1986; Ord. No. 1004, § 1, 1999; Ord. No. 1022, § 1, 2000)

The minimum lot requirements in the R-1 District are as follows:

(1)

Area:

a.

For all residences: 8,000 square feet;

b.

Hospitals: one acre; and

c.

Schools, churches and nursing homes: one-half acre;

(2)

Width:

a.

All residences: 70 feet;

b.

Schools, churches and hospitals: 140 feet; and

c.

Nursing homes: 140 feet.

(Code 2000, § 16-6-60; Ord. No. 839, § 625.05, 1986; Ord. No. 1022, § 1, 2000)

In the R-1 District, the minimum setback from the following property lines shall be:

(1)

From the back property line:

a.

All residences: ten feet; and

b.

Schools, churches and hospitals: 40 feet;

(2)

From the front property line:

a.

All residences and nursing homes: 15 feet and not less than 30 feet back from the curb, unless 25 percent of that portion of the block fronting upon the same street is improved with existing structures which have observed a greater amount of setback, in which case no building shall be placed any nearer to the front line than that existing dwelling nearest the front line; and

b.

Schools, churches and hospitals: 40 feet;

(3)

From the side property lines:

a.

Single-family residences: seven feet;

b.

Nursing homes: 15 feet; and

c.

Schools, churches and hospitals: 30 feet.

(Code 2000, § 16-6-70; Ord. No. 839, § 625.06, 1986; Ord. No. 1022, § 1, 2000)

The minimum floor area requirements for the R-1 District are as follows:

(1)

Single-family residences: 1,000 square feet; and

(2)

Nursing homes: building to lot ratio of one square foot per 5.4 square feet.

(Code 2000, § 16-6-80; Ord. No. 839, § 625.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures for the R-1 District is: 2½ stories, 35 feet.

(Code 2000, § 16-6-90; Ord. No. 839, § 625.08, 1986; Ord. No. 1022, § 1, 2000)

The minimum off-street parking and loading requirements for the R-1 District are as follows:

(1)

Single-family residences: one space per dwelling unit;

(2)

Schools:

a.

High schools, colleges or universities: ten spaces per classroom;

b.

Junior high or middle schools: 1½ spaces per classroom;

c.

Elementary schools: 1½ spaces per classroom;

(3)

Churches: one space per each four seats;

(4)

Hospitals: three spaces per each bed; and

(5)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-6-100; Ord. No. 839, § 625.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-6-110; Ord. No. 839, § 625.10, 1986)

See article III of this chapter.

(Code 2000, § 16-6-120; Ord. No. 839, § 625.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-6-130; Ord. No. 839, § 625.12, 1986)

For aesthetic purposes, transportation units used as storage facilities or other structures are prohibited in this district.

(Code 2000, § 16-6-140; Ord. No. 1035, § 2, 2001)

The R-2 Residence District is intended to be for single-unit, two-unit, three-unit and four-unit residential structures with uses customarily incidental thereto permitted.

(Code 2000, § 16-7-10; Ord. No. 839, § 630.01, 1986; Ord. No. 1022, § 1, 2000)

In the R-2 District, no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-239.

(Code 2000, § 16-7-20; Ord. No. 839, § 630.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the R-2 District:

(1)

Single-unit, two-unit, three-unit and four-unit residential buildings or structures, and specifically including UBC-approved and HUD-approved manufactured homes;

(2)

Parks and golf courses, except miniature golf and similar commercial operations;

(3)

High schools, junior high schools, middle schools and elementary schools;

(4)

Day care centers;

(5)

Large day care homes;

(6)

Day nurseries or preschool nurseries;

(7)

Nursing homes for the aged;

(8)

Churches and mortuaries;

(9)

Boardinghouses;

(10)

Temporary structures incidental to construction, but only for the period of work;

(11)

Major vehicle repair conducted only in a completely enclosed building or structure; and

(12)

Home occupations, provided that:

a.

Only one person, other than residents of the premises, shall be engaged in such occupation;

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(Code 2000, § 16-7-30; Ord. No. 839, § 630.03, 1986; Ord. No. 890, § 2, 1991; Ord. No. 972, § 1, 1996; Ord. No. 1004, § 2, 1999; Ord. No. 1022, § 1, 2000)

(a)

Mobile homes shall only be allowed in an R-2 District north of Parmenter Street.

(b)

Such mobile homes are to be affixed to the lot by being permanently connected to city utilities after removal of all wheels and/or other undercarriage necessary for transport of such mobile home.

(c)

No mobile home without at least HUD certification shall be allowed in an R-2 District without first obtaining a permit and inspection from the building official.

(d)

All crawl space beneath any such mobile home on any lot in this district shall be enclosed in accordance with plans approved by the building official.

(Code 2000, § 16-7-40; Ord. No. 839, § 630.03.11, 1986; Ord. No. 1022, § 1, 2000)

After public notice and hearing and appropriate conditions and safeguards, the board of adjustment and appeals may permit in the R-1 District, as special exceptions:

(1)

Buildings, structures or uses required in addition to and in conjunction with any use by right in this district;

(2)

Structures and buildings associated with the provision of public utilities;

(3)

Any public building or land used by any department of government;

(4)

Grocery stores, provided that the maximum ground floor square footage shall be 2,000 square feet; and

(5)

Hospitals, provided that:

a.

No equipment or process shall be used in such hospital which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and

b.

All parking shall be provided off-street and not in the required setbacks;

(6)

Skilled foot care operations in existing buildings;

(7)

Therapeutic massage operations in existing buildings;

(8)

Medical, dental or health clinics.

(Code 2000, § 16-7-50; Ord. No. 839, § 630.03.12, 1986; Ord. No. 1088, § 1, 2006; Ord. No. 1128, § 1, 2009)

Any use or structure permitted in any other district and not specifically permitted in this district is prohibited in this district.

(Code 2000, § 16-7-60; Ord. No. 839, § 630.04, 1986; Ord. No. 1022, § 1, 2000)

The minimum lot requirements for the R-2 District shall be as follows:

(1)

Area:

a.

Single-family and two-family residences: 7,000 square feet;

b.

Three-family or four-family residences and boardinghouses: 2,000 square feet per dwelling unit for three-family units; and 1,500 square feet per dwelling unit for four-family residences and boardinghouses;

c.

Hospitals and mortuaries: one acre;

d.

Schools and churches: one-half acre; and

e.

Grocery stores: 10,000 square feet.

(2)

Width:

a.

Single-family and two-family residences: 50 feet;

b.

Three-family and four-family residences and boardinghouses: 75 feet;

c.

Schools, churches, hospitals and mortuaries: 140 feet; and

d.

Grocery stores: 100 feet.

(Code 2000, § 16-7-70; Ord. No. 839, § 630.05, 1986; Ord. No. 1022, § 1, 2000)

In the R-2 District, the minimum setback from the following property lines shall be:

(1)

From the back property line:

a.

Single-family and two-family residences: ten feet;

b.

Three-family and four-family residences and boardinghouses: ten feet;

c.

Schools, churches, hospitals and mortuaries: five feet; and

d.

Grocery stores: 35 feet.

(2)

From the front property line:

a.

Single-family and two-family residences: not less than 30 feet from the curb, and at least 15 feet from the front property line, unless 25 percent of that portion of the block fronting upon the same street is improved with existing structures which have observed a greater amount of setback, in which case no building shall be placed any nearer the front line than the existing dwelling nearest the front line;

b.

Three-family and four-family unit residences and boardinghouses: 30 feet;

c.

Schools, churches, hospitals and mortuaries: 30 feet; and

d.

Grocery stores: 30 feet.

(3)

From the side property lines:

a.

Single-family and two-family residences: five feet;

b.

Three-family and four-family residences and boardinghouses: five feet;

c.

Schools, churches, hospitals and mortuaries: 30 feet; and

d.

Grocery stores: ten feet.

Side property line setback requirements do not apply to individual interior units of two-family, three-family and four-family structures.

(Code 2000, § 16-7-80; Ord. No. 839, § 630.06.02, 1986; Ord. No. 1022, § 1, 2000)

The minimum floor area in the R-2 District for the following residences shall be as follows:

(1)

Single-family and two-family unit residences: 800 square feet per family unit; and

(2)

Three-family and four-family unit residences and boardinghouses: 450 square feet per unit.

(Code 2000, § 16-7-90; Ord. No. 839, § 630.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures in the R-2 District shall be, for all uses: four stories, 45 feet.

(Code 2000, § 16-7-100; Ord. No. 839, § 630.08, 1986; Ord. No. 1022, § 1, 2000)

The minimum off-street parking and loading requirements for the R-2 District are as follows:

(1)

Single-family, two-family, three-family and four-family unit residences and boardinghouses: two spaces per dwelling unit;

(2)

Churches: one space per each four seats;

(3)

Schools:

a.

High schools, colleges or universities: ten spaces per classroom;

b.

Junior high or middle schools: 1½ spaces per classroom; and

c.

Elementary schools: 1½ spaces per classroom;

(4)

Grocery stores: two spaces per 500 square feet of floor space; and

(5)

Loading requirements: All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-7-110; Ord. No. 839, § 630.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-7-120; Ord. No. 839, § 630.10, 1986)

See article III of this chapter.

(Code 2000, § 16-7-130; Ord. No. 839, § 630.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-7-140; Ord. No. 839, § 630.12, 1986)

The R-3 Residence District is intended to be for single-family, two-family, three-family, four-family and multifamily unit residential structures with uses customarily incidental thereto permitted.

(Code 2000, § 16-8-10; Ord. No. 839, § 635.01, 1986; Ord. No. 1022, § 1, 2000)

In the R-3 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-281.

(Code 2000, § 16-8-20; Ord. No. 839, § 635.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the R-3 District:

(1)

Single-family, two-family, three-family, four-family and multifamily residences, and specifically including UBC-approved and HUD-approved manufactured homes;

(2)

Parks and golf courses except miniature golf and similar commercial operations;

(3)

High schools, junior high schools, middle schools and elementary schools;

(4)

Day care centers;

(5)

Day care homes;

(6)

Large day care homes;

(7)

Day nurseries or preschool nurseries;

(8)

Nursing homes for the aged;

(9)

Churches and mortuaries;

(10)

Boardinghouses;

(11)

Temporary structures incidental to construction, but only for the period of work;

(12)

Major vehicle repair conducted only in a completely enclosed structure; and

(13)

Home occupations, provided that:

a.

Only one person other than residents of the premises shall be engaged in such occupation;

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(Code 2000, § 16-8-30; Ord. No. 839, § 635.03, 1986; Ord. No. 890, § 2, 1991; Ord. No. 972, § 2, 1996; Ord. No. 1004, § 3, 1999; Ord. No. 1022, § 1, 2000)

(a)

Mobile homes shall only be allowed in an R-3 District north of Parmenter Street.

(b)

Such mobile homes shall be affixed to the lot by being permanently connected to city utilities after removal of all wheels and/or other undercarriage necessary for transport of such mobile homes.

(c)

No mobile home without at least HUD certification shall be allowed in an R-3 District without first obtaining a permit and inspection from the building official.

(d)

All crawl spaces beneath any such mobile home on any lot in this district shall be enclosed in accordance with plans approved by the building official.

(Code 2000, § 16-8-40; Ord. No. 839, § 635.03.11, 1986; Ord. No. 1022, § 1, 2000)

After public notice and hearing and appropriate conditions and safeguards, the board of adjustment and appeals may permit in the R-3 District, as special exceptions:

(1)

Buildings, structures or uses required in addition to and in conjunction with any use by right in this district;

(2)

Structures and buildings associated with the provision of public utilities;

(3)

Any public building or land used by any department of government;

(4)

Grocery stores, provided that the maximum ground floor square footage shall be 2,000 square feet;

(5)

Hospitals, provided that:

a.

No equipment or process shall be used in such hospital which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

b.

All parking shall be provided off-street and not in the required setbacks;

(6)

Skilled foot care operations in existing buildings;

(7)

Therapeutic massage operations in existing buildings;

(8)

Medical, dental or health clinics.

(Code 2000, § 16-8-50; Ord. No. 839, § 635.03.12, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1088, § 2, 2006; Ord. No. 1128, § 2, 2009)

Any use or structure permitted in any other district and not specifically permitted in this district is prohibited in this district.

(Code 2000, § 16-8-60; Ord. No. 839, § 635.04, 1986; Ord. No. 1022, § 1, 2000)

The minimum lot requirements in the R-3 District shall be as follows:

(1)

Area:

a.

Single-family and two-family unit residences: 7,000 square feet;

b.

Multifamily residences and boardinghouses: 2,000 square feet per dwelling unit for three-family units, and 1,500 square feet per dwelling unit for four-family or more unit residences and boardinghouses;

c.

Hospitals and mortuaries: one acre;

d.

Schools and churches: one-half acre; and

e.

Grocery stores: 10,000 square feet.

(2)

Width:

a.

Single-family and two-family residences: 50 feet;

b.

Three-family, four-family and multifamily unit residences and boardinghouses: 75 feet;

c.

Schools, churches, hospitals and mortuaries: 140 feet; and

d.

Grocery stores: 100 feet.

(Code 2000, § 16-8-70; Ord. No. 839, § 635.05, 1986; Ord. No. 1022, § 1, 2000)

(a)

In the R-3 District, the minimum setback from the back property lines shall be:

(1)

Single-family and two-family unit residences: ten feet;

(2)

Three-family, four-family and multifamily unit residences and boardinghouses: ten feet;

(3)

Schools, churches, hospitals and mortuaries: five feet; and

(4)

Grocery stores: 35 feet.

(b)

The minimum setback from the front property line shall be:

(1)

Single-family and two-family residences: not less than 30 feet from the curb, and at least 15 feet from the front property line, unless 25 percent of that portion of the block fronting upon the same street is improved with existing structures which have observed a greater amount of setback, in which case no building shall be placed any nearer the front line than the existing dwelling nearest the front line;

(2)

Three-family, four-family and multifamily unit residences and boardinghouses: 30 feet;

(3)

Schools, churches, hospitals and mortuaries: 30 feet; and

(4)

Grocery stores: 30 feet.

(c)

The minimum setback from the side property lines shall be:

(1)

Single-family and two-family unit residences: five feet;

(2)

Multifamily residences and boardinghouses: five feet;

(3)

Schools, churches, hospitals and mortuaries: 30 feet; and

(4)

Grocery stores: ten feet.

(d)

Side property line setback requirements do not apply to individual interior units of multifamily structures.

(Code 2000, § 16-8-80; Ord. No. 839, § 635.06, 1986; Ord. No. 1022, § 1, 2000)

The minimum floor area for the R-3 District residences shall be as follows:

(1)

Single-family and two-family unit residences: 800 square feet per family unit; and

(2)

Three-family, four-family and multifamily unit residences and boardinghouses: 450 square feet per unit.

(Code 2000, § 16-8-90; Ord. No. 839, § 635.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures in the R-3 District shall be, for all uses, four stories: 45 feet.

(Code 2000, § 16-8-100; Ord. No. 839, § 635.08, 1986; Ord. No. 1022, § 1, 2000)

The minimum off-street parking and loading requirements for the R-3 District shall be as follows:

(1)

Single-family, two-family, three-family, four-family and multifamily unit residences and boardinghouses: two spaces per dwelling unit;

(2)

Churches: one space per each four seats;

(3)

Schools:

a.

High schools, colleges or universities: ten spaces per classroom;

b.

Junior high or middle schools: 1½ spaces per classroom; and

c.

Elementary schools: 1½ spaces per classroom;

(4)

Grocery stores: two spaces per 500 square feet of floor space;

(5)

Loading requirements: All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-8-110; Ord. No. 839, § 635.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-8-120; Ord. No. 839, § 635.10, 1986)

See article III of this chapter.

(Code 2000, § 16-8-130; Ord. No. 839, § 635.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-8-140; Ord. No. 839, § 635.12, 1986)

The M-H Mobile Home District is intended specifically for areas where mobile homes and mobile home courts or parks are desired.

(Code 2000, § 16-9-10; Ord. No. 839, § 640.01, 1986)

An M-H District must be located so that at least one of the following situations exists:

(1)

The M-H District is contiguous to an I-1, I-2, C-1, or C-2 District on one side, and an A-L, O-E, R-1, R-2, R-3, or M-H District on the other side; and/or

(2)

The M-H District is completely surrounded by an A-L, O-E, R-1, R-2, R-3, or M-H District or any combination of these districts.

(Code 2000, § 16-9-20; Ord. No. 839, § 640.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the M-H District:

(1)

Single-family, two-family, three-family and four-family residences, provided that such residences meet all other requirements of the R-2 zone;

(2)

Schools, churches, pre-school nurseries, parks;

(3)

Day care centers;

(4)

Day care homes;

(5)

Large day care homes;

(6)

Mobile homes and their accompanying pads and additions, provided that:

a.

Such mobile homes shall be placed on individual lots of not less than 4,200 square feet in size;

b.

Such mobile homes are to be affixed to the lot by being permanently connected to city utilities after removal of all wheels and/or other undercarriage necessary for transport of such mobile homes;

c.

All crawl space beneath any such mobile home on any lot in this district shall be enclosed by use of skirting material manufactured for that purpose; and

d.

All other R-2 District requirements for single-family, two-family, three-family or four-family dwelling units shall be met;

(7)

Home occupations, provided that:

a.

Only one person other than residents of the premises shall be engaged in such occupation;

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(8)

Mobile home parks, provided that:

a.

No such park shall be less than one acre in size;

b.

There shall be no more than 15 mobile homes per acre in any such park;

c.

Each mobile home space in a mobile home park shall be at least 25 feet wide, and shall abut on a driveway or other clear area with unobstructed access to a public street. Such spaces shall be clearly defined, and mobile homes shall be parked in such spaces so that there will be a minimum of ten feet between mobile homes at all points. No mobile home will be less than five feet from the side boundary of the mobile home space. No mobile home shall be less than five feet from the exterior boundary of the mobile home park (see supplemental district regulations for corner lots, section 30-607); and

d.

Any such mobile home park must comply with the provisions of any valid home park ordinance in addition to the provisions of this chapter. In case of conflict with any other ordinance or code of the city, those provisions which establish the higher standard for the promotion and protection of the health, safety and welfare of the people shall prevail.

(Code 2000, § 16-9-30; Ord. No. 839, § 640.03, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-9-40; Ord. No. 839, § 640.04, 1986)

See article III of this chapter.

(Code 2000, § 16-9-50; Ord. No. 839, § 640.05, 1986)

See article IV of this chapter.

(Code 2000, § 16-9-60; Ord. No. 839, § 640.06, 1986)

For aesthetic purposes, transportation units used as storage facilities or other structures are prohibited in this district.

(Code 2000, § 16-9-70; Ord. No. 1035, § 3, 2001)

(a)

The provisions of this article are intended for application in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units warrants modification of the standards contained elsewhere in this article. To be eligible under this article, the planned unit development must:

(1)

Reflect compatibility with the comprehensive plan;

(2)

Be composed of such uses and in such proportions as are appropriate to the integrated function of the development within the context of established community growth patterns;

(3)

Be so designed in its space allocation, orientation, texture, materials, landscaping and other features, as to produce an environment of stable and desirable character, complementing the design and values of adjacent areas of the community.

(b)

The PUD District is intended to be appended to a residential, commercial or industrial district, to provide for the most advantageous techniques of land development consistent with the intent and purpose of this article, the subdivision regulations and the comprehensive plan.

(Code 2000, § 16-10-10; Ord. No. 839, § 645.01, 1986; Ord. No. 1022, § 1, 2000)

(a)

Uses and structures permitted under the provisions of the regulations of the parent district of which this district is made a part shall be permitted.

(b)

Special exceptions:

(1)

Conditional uses allowed as special exceptions in the parent district to which this district is made a part may be permitted; and

(2)

Day care centers.

(Code 2000, § 16-10-20; Ord. No. 839, § 645.02, 1986; Ord. No. 890, § 2, 1991)

Any use or structure prohibited in the parent district to which this district is made a part is prohibited in this district.

(Code 2000, § 16-10-30; Ord. No. 839, § 645.03, 1986; Ord. No. 1022, § 1, 2000)

The minimum area of a tract of land to be zoned as an appended PUD district within a parent district shall be as follows:

(Code 2000, § 16-10-40; Ord. No. 839, § 645.04, 1986; Ord. No. 1022, § 1, 2000)

(a)

When a property owner or developer intends to develop a tract of land containing at least the minimum area for that parent district and involving more than one commercial or industrial establishment, or in the case of a residential area, more than one dwelling unit, application may be made for zoning the property to a PUD District.

(b)

The zoning change, if approved, shall be an amendment to the zoning map as an appendage to the existing parent district. The zoning change may also incorporate a request to rezone the existing parent district to another parent district within the PUD District.

(c)

An applicant for a change in zoning to a PUD District must satisfy the planning and zoning commission that he or she has the ability to carry out the proposed plan, and shall prepare and submit a schedule for construction.

(d)

Such applicant also shall prepare and submit a preliminary development plan for review and approval by the planning and zoning commission, which shall include:

(1)

A topographic map showing contours at intervals of two feet;

(2)

A plot plan showing:

a.

Building and sign structure locations on the tract;

b.

Access for streets;

c.

Parking arrangement and number of spaces;

d.

Interior drives and service areas; and

e.

Area set aside for public open space.

(3)

Location map showing the development and zoning of the adjacent property within 200 feet, including the location and the type of buildings and structures thereon;

(4)

The full legal description of the boundaries of the properties to be included in the area to be zoned a PUD District;

(5)

A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area to be zoned a PUD District;

(6)

A map showing the location of proposed sewer, water and other utility lines; and

(7)

A description of general character of proposed buildings and any signs to be placed on the site.

(e)

The applicant may further be asked to furnish other information, such as typical building floor plans, building elevations to show the general architectural character of the buildings, some indications as to size and type of landscape plant materials, pavements and other major site improvements.

(f)

The applicant may be asked to submit the tentative financial plan and description of the intended means of financing any proposed common areas or common improvements, and statements covering ownership and maintenance of common easements or other common areas, such as open space or recreational facilities.

(g)

Upon approval of the preliminary development plan by the planning and zoning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the planning and zoning commission's recommendation shall be forwarded to the city council for its review and final action.

(h)

In the event that, within 18 months following approval by the city council, the applicant does not proceed with construction in accordance with the plan so approved, the planning and zoning commission shall initiate action to rezone the property to the original zoning district. A public hearing, as required by law, shall be advertised and held, at which time, the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning and zoning commission shall make findings of fact and shall make a recommendation to the city council.

(i)

All plans and documents shall become a part of the amendment and shall form the basis for issuance of a zoning permit, in conformity therewith.

(j)

Changes in the development plan, which increase the number of dwelling units or establishments, the arrangement of buildings, the number of parking stalls, the size or number of other improvements or the alignment of driveways or roadways shall require a resubmission for approval of the application for rezoning. Any minor changes, adjustments or decrease in the number of dwelling units, common facilities and recreation facilities may be approved by the zoning administrator without resubmission.

(Code 2000, § 16-10-50; Ord. No. 839, § 645.05, 1986; Ord. No. 1022, § 1, 2000)

(a)

The lot requirements of the parent district of which this district is made a part, shall be the minimum lot requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(b)

In the event that the tract of land to be developed as a PUD District lies in more than one parent district, the provisions of the more restrictive parent district shall be applicable.

(c)

In an appended residential district, the number of dwelling units that may be permissible on the proposed tract to be developed as a PUD District shall be determined by using the lot area per dwelling unit requirements of the parent zoning district, unless otherwise approved by the planning and zoning commission; provided, however, that the total lot area of the proposed tract shall be reduced by the areas covered or occupied by buildings, streets, roadways, drives, parking areas and unusable land areas, such as streams, drainageways, creeks or land with grade slopes exceeding a 25-percent grade.

(Code 2000, § 16-10-60; Ord. No. 839, § 645.06, 1986; Ord. No. 1022, § 1, 2000)

The property line setback requirements of the parent district of which this district is made a part shall be the minimum yard requirements unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-70; Ord. No. 839, § 645.07, 1986; Ord. No. 1022, § 1, 2000)

The lot coverage requirements of the parent district of which this district is made a part shall be the maximum lot coverage requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-80; Ord. No. 839, § 645.08, 1986; Ord. No. 1022, § 1, 2000)

The floor area requirements of the parent district of which this district is made a part shall be the minimum requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-90; Ord. No. 839, § 645.09, 1986; Ord. No. 1022, § 1, 2000)

The height requirements of the parent district of which this district is made a part shall be the maximum height requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-100; Ord. No. 839, § 645.10, 1986; Ord. No. 1022, § 1, 2000)

The parking and loading requirements of the parent district of which this district is made a part shall be the minimum requirements, unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-110; Ord. No. 839, § 640.11, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-10-120; Ord. No. 839, § 645.12, 1986)

See article III of this chapter.

(Code 2000, § 16-10-130; Ord. No. 839, § 645.13, 1986)

The sign regulations of the parent district of which this district is made a part shall be the minimum requirements for sign regulations, unless otherwise prescribed and/or approved by the planning and zoning commission.

(Code 2000, § 16-10-140; Ord. No. 839, § 645.14, 1986; Ord. No. 1022, § 1, 2000)

For aesthetic purposes, transportation units used as storage facilities or other structures are prohibited in this district.

(Code 2000, § 16-10-150; Ord. No. 1035, § 4, 2001)

The C-1 Central Business District is intended to be a commercial district allowing those uses which are compatible with pedestrian traffic.

(Code 2000, § 16-11-10; Ord. No. 839, § 650.01, 1986; Ord. No. 1022, § 1, 2000)

In the C-1 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged, which is arranged or designed for other than one of the uses listed in section 30-393.

(Code 2000, § 16-11-20; Ord. No. 839, § 650.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the C-1 District:

(1)

All retail and service commercial uses except those prohibited in this article;

(2)

Government buildings and utilities;

(3)

Parking lots and garages;

(4)

Apartments on floors other than the ground floor;

(5)

Accessory uses customarily incidental to the uses by right in this zone; and

(6)

Parks.

(Code 2000, § 16-11-30; Ord. No. 839, § 650.03, 1986; Ord. No. 1022, § 1, 2000)

Special exceptions in the C-1 District may be permitted as follows:

(1)

Light manufacturing activities subsidiary to retail, wholesale, and service commercial uses, as special exceptions upon recommendation by the planning and zoning commission;

(2)

Day care centers; and

(3)

Churches.

(Code 2000, § 16-11-40; Ord. No. 839, § 650.03.07, 1986; Ord. No. 882, § 1, 1990; Ord. No. 890, § 2, 1991; Ord. No. 896, § 1, 1991; Ord. No. 927, § 1, 1993; Ord. No. 1022, § 1, 2000)

Any vehicle-related commercial use which includes lumberyards, drive-in restaurants, hotels, motels, tourist accommodations, supermarkets, grocery stores, motor vehicle dealers (new and used), auto accessory stores, vehicle repair services and service stations are prohibited in this district.

(Code 2000, § 16-11-50; Ord. No. 839, § 650.04, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the C-1 District.

(Code 2000, § 16-11-60; Ord. No. 839, § 650.05, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the C-1 District.

(Code 2000, § 16-11-70; Ord. No. 839, § 650.06, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the C-1 District.

(Code 2000, § 16-11-80; Ord. No. 839, § 650.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum height of structures for the residences in the C-1 District shall be: four stories, 45 feet.

(Code 2000, § 16-11-90; Ord. No. 839, § 650.08, 1986; Ord. No. 1022, § 1, 2000)

All uses in the C-1 District shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(Code 2000, § 16-11-100; Ord. No. 839, § 650.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-11-110; Ord. No. 839, § 650.10, 1986)

See article III of this chapter.

(Code 2000, § 16-11-120; Ord. No. 839, § 650.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-11-130; Ord. No. 839, § 650.12, 1986)

Editor's note— Ord. No. 1272, pt. 2, adopted May 27, 2024, repealed § 30-404. Former § 30-404 pertained to transportation units used for storage facilities or other structures prohibited and derived from § 16-11-140 of the Code of 2000 and Ord. No. 1035, § 5, adopted 2001.

The C-2 Commercial District is intended to be a vehicle-related commercial district permitting those uses which are compatible with automobile traffic.

(Code 2000, § 16-12-10; Ord. No. 839, § 655.01, 1986; Ord. No. 1022, § 1, 2000)

In the C-2 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-424.

(Code 2000, § 16-12-20; Ord. No. 839, § 655.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the C-2 District:

(1)

All retail and service commercial uses;

(2)

Any vehicle-related commercial use such as, but not limited to, lumberyards, drive-in restaurants, hotels, motels, tourist accommodations, supermarkets, grocery stores, motor vehicle dealers (new and used), auto accessory stores, vehicle repair services and service stations;

(3)

Government buildings and utilities;

(4)

Parking lots and garages;

(5)

Apartments on floors other than the ground floor;

(6)

Accessory uses customarily incidental to the uses by right in this zone;

(7)

Parks; and

(8)

Mortuaries.

(Code 2000, § 16-12-30; Ord. No. 839, § 655.03, 1986; Ord. No. 1022, § 1, 2000)

Special exceptions may be permitted in the C-2 District for the following:

(1)

Light manufacturing activities subsidiary to retail, wholesale and service commercial uses, as special exceptions upon recommendation by the planning and zoning commission;

(2)

Day care centers; and

(3)

Churches.

(Code 2000, § 16-12-40; Ord. No. 839, § 655.03.09, 1986; Ord. No. 882, § 1, 1990; Ord. No. 890, § 2, 1991; Ord. No. 896, § 1, 1991; Ord. No. 927, § 1, 1993; Ord. No. 1022, § 1, 2000)

Any use or structure permitted in any other district and not specifically permitted in this district is prohibited in this district.

(Code 2000, § 16-12-50; Ord. No. 839, § 655.04, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the C-2 District.

(Code 2000, § 16-12-60; Ord. No. 839, § 655.05, 1986; Ord. No. 1022, § 1, 2000)

In the C-2 District, the minimum setback from the following property lines shall be:

(1)

From the front property line: 15 feet.

(2)

From the side property line: ten feet.

(3)

From the rear property line: 15 feet.

(Code 2000, § 16-12-70; Ord. No. 839, § 655.06, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the C-2 District.

(Code 2000, § 16-12-80; Ord. No. 839, § 655.07, 1986; Ord. No. 1022, § 1, 2000)

The height of structures in the C-2 District shall be for four stories: 45 feet.

(Code 2000, § 16-12-90; Ord. No. 839, § 655.08, 1986; Ord. No. 1022, § 1, 2000)

(a)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(b)

All uses shall provide one off-street loading space scaled to delivery vehicles expected to be used per 700 square feet of floor space.

(c)

All uses shall provide two off-street parking spaces per 500 square feet of ground floor space.

(Code 2000, § 16-12-100; Ord. No. 839, § 655.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-12-110; Ord. No. 839, § 655.10, 1986)

See article III of this chapter.

(Code 2000, § 16-12-120; Ord. No. 839, § 655.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-12-130; Ord. No. 839, § 655.12, 1986)

Editor's note— Ord. No. 1272, pt. 3, adopted May 27, 2024, repealed § 30-435. Former § 30-435 pertained to transportation units used as storage facilities or other structures prohibited and derived from § 16-12-140 of the Code of 2000 and Ord. No. 1035, § 6, adopted 2001.

The C-3 Highway Service District is intended to provide limited highway service businesses. Floor area is restricted, and off-street parking is required in order to minimize potential adverse effects to adjacent property.

(Code 2000, § 16-13-10; Ord. No. 839, § 660.01, 1986; Ord. No. 1022, § 1, 2000)

In the C-3 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-456.

(Code 2000, § 16-13-20; Ord. No. 839, § 660.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the C-3 District:

(1)

Drive-in restaurants;

(2)

Electric and telephone substations and other utilities;

(3)

Implement dealers;

(4)

Motels, including accessory service uses, such as newsstands, messenger and telegraph stations, swimming pools (for motel guests only), flower and gift shops;

(5)

Motor vehicle sales, service and rentals;

(6)

Parks, playgrounds and buildings owned and operated by a public agency;

(7)

Car washes;

(8)

Parking lots (customer and private);

(9)

Restaurants;

(10)

Convenience stores;

(11)

Service stations or filling stations (light service work only);

(12)

Liquor stores;

(13)

Mobile home sales and service;

(14)

Drive-in banks; and

(15)

Accessory uses customarily incidental to the uses by right in this zone.

(Code 2000, § 16-13-30; Ord. No. 839, § 660.03, 1986; Ord. No. 1022, § 1, 2000)

Special exceptions in the C-3 District may be permitted for the following:

(1)

Day care centers;

(2)

Churches; and

(3)

Commercial recreational facilities, such as, but not limited to, batting cages, go-cart tracks, water slides, miniature golf courses and the like.

(Code 2000, § 16-13-40; Ord. No. 839, § 660.03.16, 1986; Ord. No. 890, § 2, 1991; Ord. No. 896, § 1, 1991; Ord. No. 915, § 1, 1993; Ord. No. 1022, § 1, 2000)

Any use permitted in any other district and not specifically permitted in this district is prohibited in this district. Prohibited uses include general retail merchandising and commercial service uses such as are allowable in the C-1 and C-2 Districts.

(Code 2000, § 16-13-50; Ord. No. 839, § 660.04, 1986; Ord. No. 1022, § 1, 2000)

Tracts in the C-3 Highway Service District shall have a minimum area of 15,000 square feet and an average lot width of not less than 150 feet.

(Code 2000, § 16-13-60; Ord. No. 839, § 660.05, 1986)

In the C-3 District, the minimum setback from the following property lines shall be:

(1)

From the back property line: 30 feet;

(2)

From the front property line: 30 feet; and

(3)

From the side property lines: ten feet.

(Code 2000, § 16-13-70; Ord. No. 839, § 660.06, 1986; Ord. No. 1022, § 1, 2000)

Total building coverage of the lot shall not exceed 40 percent.

(Code 2000, § 16-13-80; Ord. No. 839, § 660.07, 1986)

The maximum structure height in the C-3 District shall be: four stories, 45 feet.

(Code 2000, § 16-13-90; Ord. No. 839, § 660.08, 1986; Ord. No. 1022, § 1, 2000)

(a)

All uses shall provide adequate off-street loading space scaled to delivery vehicles expected to be used.

(b)

All uses shall provide one off-street loading space scaled to delivery vehicles expected to be used per 700 square feet of floor space.

(c)

All uses shall provide two off-street parking spaces per 500 square feet of ground floor space.

(Code 2000, § 16-13-100; Ord. No. 839, § 660.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-13-110; Ord. No. 839, § 660.10, 1986)

See article III of this chapter.

(Code 2000, § 16-13-120; Ord. No. 839, § 660.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-13-130; Ord. No. 839, § 660.12, 1986)

Editor's note— Ord. No. 1272, pt. 4, adopted May 27, 2024, repealed § 30-467. Former § 30-467 pertained to transportation units used as storage facilities or other structures prohibited and derived from § 16-13-140 of the Code of 2000 and Ord. No. 1035, § 6, adopted 2001.

(a)

The I-1 Industrial District is intended for the purpose of allowing certain industrial uses which do not:

(1)

Require intensive land coverage;

(2)

Generate large volumes of vehicular traffic; and

(3)

Create obnoxious sounds, glare, dust or odor. Height and land coverage are controlled to ensure compatibility with adjoining uses.

(b)

The volume of sound generated by this use shall not inherently or recurrently exceed 80 decibels at any point of any boundary line of the zone lot on which the use is located.

(c)

The vibration generated by this use shall not inherently or recurrently be perceptible, without instruments, at any point of any boundary line of the zone lot on which the use is located.

(d)

The emission of heat, glare, radiation and fumes by this use shall not emit any obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any point of any boundary line of the zone lot on which the use is located.

(Code 2000, § 16-14-10; Ord. No. 839, § 665.01, 1986)

In the I-1 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-490.

(Code 2000, § 16-14-20; Ord. No. 839, § 665.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the I-1 District:

(1)

Parks;

(2)

Any light fabricating or manufacturing industry;

(3)

Warehouses;

(4)

Governmental and quasi-governmental uses, including residential care facilities operated by governmental and quasi-governmental authorities and utilities and community corrections facilities for such programs as are defined in section 14-2 of the Home Rule Charter for the City of Lamar and C.R.S. § 17-27-104 et seq.;

(5)

Parking lots and garages;

(6)

All service and commercial uses; and

(7)

Accessory uses customarily incidental to the uses by right in this zone.

(Code 2000, § 16-14-30; Ord. No. 839, § 665.03, 1986; Ord. No. 973, § 1, 1996; Ord. No. 1022, § 1, 2000; Ord. No. 1205, § 2, 2016)

Special exceptions in the I-1 District may be permitted for the following:

(1)

Day care centers; and

(2)

Churches.

(Code 2000, § 16-14-40; Ord. No. 839, § 665.03.08, 1986; Ord. No. 890, § 2, 1991; Ord. No. 1022, § 1, 2000; Ord. No. 1055, 2002)

Any use permitted in any other district and not specifically permitted in this district is prohibited in this district.

(Code 2000, § 16-14-50; Ord. No. 839, § 665.04, 1986; Ord. No. 1022, § 1, 2000)

There are no restrictions in the I-1 District.

(Code 2000, § 16-14-60; Ord. No. 839, § 665.05, 1986; Ord. No. 1022, § 1, 2000)

In the I-1 District, all buildings shall be set back from the front property line 20 feet and from the side property lines five feet.

(Code 2000, § 16-14-70; Ord. No. 839, § 665.06, 1986; Ord. No. 1022, § 1, 2000)

In the I-1 District, the maximum ratio of floor area to lot area is one square foot of floor area per three square feet of lot area.

(Code 2000, § 16-14-80; Ord. No. 839, § 665.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum structure height in the I-1 District shall be established as required for fire protection.

(Code 2000, § 16-14-90; Ord. No. 839, § 665.08, 1986; Ord. No. 1022, § 1, 2000)

(a)

All uses and structures in the I-1 District shall provide adequate off-street loading space scaled to vehicles expected to be used.

(b)

All uses shall provide one space of off-street parking for each 500 square feet of building space.

(Code 2000, § 16-14-100; Ord. No. 839, § 665.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-14-110; Ord. No. 839, § 665.10, 1986)

See article III of this chapter.

(Code 2000, § 16-14-120; Ord. No. 839, § 665.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-14-130; Ord. No. 839, § 665.12, 1986)

(a)

The I-2 Industrial District is intended for the purpose of allowing basic or primary industries, which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

(b)

The volume of sound generated by this use shall not inherently or recurrently exceed 100 decibels at any point of any boundary line of the zone lot on which the use is located.

(c)

The vibration generated by this use shall not inherently or recurrently be perceptible, without instruments, at any point of any boundary line of the lot on which the use is located.

(d)

The emission of heat, glare, radiation and fumes by this use shall not emit any obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any point of any boundary line of the lot on which the use is located.

(Code 2000, § 16-15-10; Ord. No. 839, § 670.01, 1986)

In the I-2 District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-526.

(Code 2000, § 16-15-20; Ord. No. 839, § 670.02, 1986; Ord. No. 1022, § 1, 2000)

The following shall be uses by right in the I-2 District:

(1)

Parks;

(2)

Any fabricating or manufacturing industry;

(3)

Warehouses;

(4)

Government buildings and utilities;

(5)

Parking lots and garages;

(6)

Grain warehouses; and

(7)

Accessory uses customarily incidental to the uses by right in this district.

(Code 2000, § 16-15-30; Ord. No. 839, § 670.03, 1986; Ord. No. 1022, § 1, 2000)

Special exceptions in the I-2 District may be allowed for the following:

(1)

Day care centers;

(2)

Limited low density service and commercial uses;

(3)

Commercial outlet for products manufactured on the property, provided that the commercial is clearly subordinate to the principal use and does not take up more than 25 percent of the gross floor area;

(4)

Automobile wrecking yards, junkyards and scrap processing yards; when said yard is completely enclosed with a six-foot solid fence, wall or hedge, and no junk or scrap is stored outside the fence or wall; subject, however, to the restrictions in article V of this chapter;

(5)

Petroleum and natural gas refining and processing;

(6)

Stockyards, slaughterhouses and aquaculture;

(7)

Ready-mix concrete and asphalt mix plants;

(8)

Storage of bulk oil, gas and explosives; and

(9)

Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or vibration.

(Code 2000, § 16-15-40; Ord. No. 839, § 670.03.08, 1986; Ord. No. 890, § 2, 1991; Ord. No. 947, § 1, 1995; Ord. No. 1022, § 1, 2000)

All nonindustrial uses and structures, except those permitted as special exceptions, are prohibited in the I-2 District.

(Code 2000, § 16-15-50; Ord. No. 839, § 670.04, 1986)

There are no restrictions in the I-2 District.

(Code 2000, § 16-15-60; Ord. No. 839, § 670.05, 1986; Ord. No. 1022, § 1, 2000)

In the I-2 District, all buildings shall be set back from the front property line 20 feet, and from the side property lines five feet.

(Code 2000, § 16-15-70; Ord. No. 839, § 670.06, 1986; Ord. No. 1022, § 1, 2000)

In the I-2 District, the maximum ratio of floor area to lot area is one square foot of floor area per four square feet of lot area.

(Code 2000, § 16-15-80; Ord. No. 839, § 670.07, 1986; Ord. No. 1022, § 1, 2000)

The maximum structure height in the I-2 District shall be as required for fire protection.

(Code 2000, § 16-15-90; Ord. No. 839, § 670.08, 1986; Ord. No. 1022, § 1, 2000)

(a)

All uses and structures in the I-2 District shall provide adequate off-street loading space scaled to vehicles expected to be used.

(b)

All uses shall provide one space of off-street parking for each 500 square feet of building space.

(Code 2000, § 16-15-100; Ord. No. 839, § 670.09, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-15-110; Ord. No. 839, § 670.10, 1986)

See article III of this chapter.

(Code 2000, § 16-15-120; Ord. No. 839, § 670.11, 1986)

See article IV of this chapter.

(Code 2000, § 16-15-130; Ord. No. 839, § 670.12, 1986)

The intent of the I-P Industrial Park District is to allow certain industrial land uses in a park-like atmosphere, and to control the type of use, setback, parking, loading and unloading. It is also intended that this district be compatible with adjoining residential and commercial land uses.

(Code 2000, § 16-16-10; Ord. No. 839, § 675.01, 1986; Ord. No. 1022, § 1, 2000)

In the I-P District, no building or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged or designed for other than one of the uses listed in section 30-568.

(Code 2000, § 16-16-20; Ord. No. 839, § 675.02, 1986; Ord. No. 1022, § 1, 2000)

(a)

Uses and structures permitted under the provisions of the I-1 and I-2 Industrial Districts shall be permitted in the I-P District.

(b)

Applicable within the corporate limits of the city and to city-owned property outside the city's corporate limits, correctional facilities shall be a use by right, provided that they comply with the following additional requirements:

(1)

In order to accommodate potential expansion of the facilities, the site size shall be a minimum of 15 acres in size.

(2)

The facility shall be established at least 500 feet (measured from property line to property line) from the nearest property within the corporate limits of the city which is residentially zoned or used.

(3)

The facility shall not be established within 500 feet (measured from property line to property line) from any church or place of worship, day care facility, park, educational institution, library, museum, community center, residential district or children's amusement park located within the corporate limits of the city.

(4)

Site development shall be in conformance with the landscaping requirements of the zoning district.

(5)

The construction and operation of the correctional facility shall comply with all applicable federal, state and local regulatory requirements.

(6)

The city council may deny the locating of a correctional facility in an I-P District when the use would be detrimental to nearby properties or, in the alternative, the city council may add conditions or safeguards to the approval of a correctional facility location in order to protect the health and welfare of citizens.

(Code 2000, § 16-16-30; Ord. No. 839, § 675.03, 1986; Ord. No. 1022, § 1, 2000; Ord. No. 1069 § 1, 2004)

(a)

Conditional uses allowed as special exceptions in the I-1 and I-2 Industrial Districts may be permitted when environmentally compatible with the other uses proposed for the industrial park and adjacent areas of the community.

(b)

Day care centers shall be allowed as a special exception.

(Code 2000, § 16-16-40; Ord. No. 839, § 675.03.01, 1986; Ord. No. 890, § 2, 1991)

Any use or structure prohibited in the I-1 and I-2 Districts is prohibited in this district.

(Code 2000, § 16-16-50; Ord. No. 839, § 675.04, 1986; Ord. No. 1022, § 1, 2000)

The minimum area of a tract of land to be zoned as an industrial park shall be ten acres.

(Code 2000, § 16-16-60; Ord. No. 839, § 675.05, 1986)

(a)

An applicant for an I-P Industrial Park District shall prepare and submit a rezoning application and a preliminary development plan for review and approval by the planning and zoning commission, which shall include:

(1)

A topographic map showing contours at intervals of two feet;

(2)

A plot plan showing:

a.

Building locations on the tract;

b.

Access from streets;

c.

Parking arrangement and number of spaces;

d.

Interior drives and service areas; and

e.

Landscaped buffer strips;

(3)

A location map showing the development and zoning of the adjacent property within 200 feet, including the location and the type of buildings and structures thereon;

(4)

The full legal description of the boundaries of the properties to be included in the area to be zoned I-P Industrial Park District;

(5)

A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area to be zoned I-P Industrial Park District;

(6)

A map showing location of proposed sewer, water and other utility lines; and

(7)

A description of general character of the proposed buildings.

(b)

The applicant may additionally be asked to provide supplemental information concerning intended means of financing common improvements, proposed protective covenants, methods and means to assure adequate maintenance of landscaped areas, and similar considerations as may be required for municipal review by the planning and zoning commission and the city council.

(c)

Upon approval of the preliminary development plan by the planning and zoning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. The final development plan and the planning and zoning commission recommendation shall be forwarded to the city council for review and final action.

(Code 2000, § 16-16-70; Ord. No. 839, § 675.06, 1986; Ord. No. 1022, § 1, 2000)

Setback regulations in an I-P District shall be as follows:

(1)

From the front property line, a front setback of 30 feet shall be required for uses permitted in this district, except as may be required and/or approved by the planning and zoning commission.

(2)

From the side and rear property lines, no side or rear setback shall be required for uses in this district, except where such use abuts a residential district zone, in which case, there shall be required 15 feet of side and/or rear setback on the side of the lot and/or on the rear of the lot which abuts the residential district. These 15 feet shall contain a fence or wall and shrub border to screen residential-zoned property from the proposed use. The wall and shrub border shall be adequately maintained by the property owner.

(Code 2000, § 16-16-80; Ord. No. 839, § 675.07, 1986; Ord. No. 1022, § 1, 2000)

(a)

A building, structure or use allowed in this district may occupy all that portion of a lot, except for the area required for off-street parking, off-street loading and unloading and their access roads, and as otherwise required for yard or buffer areas.

(b)

In the case where the required off-street loading and unloading will be provided within the building or structure, the building or structure may cover the entire lot, except for land required for off-street parking, and as otherwise required for yard and buffer areas.

(Code 2000, § 16-16-90; Ord. No. 839, § 675.08, 1986)

In an I-P District, height regulations shall be as follows:

(1)

When a building or structure is within 150 feet of a residential district zone, the building shall not exceed 45 feet in height, or as required for fire protection.

(2)

When a building or structure is more than 150 feet from a residential district zone, the building shall not exceed 75 feet in height, or as required for fire protection.

(Code 2000, § 16-16-100; Ord. No. 839, § 675.09, 1986)

(a)

All uses and structures in the I-P District shall provide adequate off-street parking and loading space, to assure that daily activity will be accommodated entirely off-street without use of public streets for turning or maneuvering. Parking and loading space shall be scaled to the types and volumes of vehicles to be used.

(b)

All uses shall provide one space of off-street parking for each 500 square feet of building space.

(Code 2000, § 16-16-110; Ord. No. 839, § 675.10, 1986; Ord. No. 1022, § 1, 2000)

See article III of this chapter.

(Code 2000, § 16-16-120; Ord. No. 839, § 675.11, 1986)

See article III of this chapter.

(Code 2000, § 16-16-130; Ord. No. 839, § 675.12, 1986)

See article IV of this chapter.

(Code 2000, § 16-16-140; Ord. No. 839, § 675.13, 1986)