The zoning districts are established as shown on the map entitled "Maumelle, Arkansas, Zoning Districts", dated March 1987, which is part of this chapter and which is on file in the office of the city clerk. The map and all notations, references and dates and other information shown are adopted and made part of this chapter. The map may be revised from time to time. Copies of ordinances revising the map and regulations will be on file in the office of the city clerk and the office of the enforcement officer.

Unless otherwise indicated on the zoning districts map, the zoning district boundaries are village boundaries or numbered development areas within villages as depicted on the land use plan, chapter 54. In addition, zoning district boundaries may be lot lines, the centerlines of streets or easements or specified distances from such lines, railroad rights-of-way lines, the shoreline or centerlines of streams and lakes, or the city limits line, or property lines as they existed at the time of the enactment of the ordinance from which this chapter is derived.

Where uncertainty exists as to the boundaries of the zoning districts or where the street or property lines existing on the ground are at variance with those on the zoning districts map, the mayor shall determine the location of the boundaries in question. Relief from the decision of the zoning enforcement officer may be sought from the board of zoning adjustment by proper application procedures.

All areas which may be included within the zoning jurisdiction of the city by annexation or by the utilization of the state law with respect to territory lying along a navigable stream shall be governed by and subject to the land use categories as indicated on the territorial land use plan of the city. The land use categories indicated on the land use plan shall be used to determine the zoning district until the city council shall have adopted zoning districts for the annexed or navigable stream area.

The I-1 industrial park district is designed to provide a parklike development for industry with controls based upon industry performance as well as type. Part of the effectiveness of this control provides for a 50-foot buffer strip along the Maumelle Boulevard right-of-way, which is now generally tree covered, and if carefully landscaped, tailored and groomed, can allow occasional glimpses of the facilities beyond, but generally shields the resident and visitor to the city from the industries of the area. The provisions of this division will provide an efficient operating environment for industries and protect them from the encroachment of commercial and residential uses adverse to their operation and expansion.

(a)

Hazard restrictions and performance standards. It is the intent of this section to prevent land or buildings from being used or occupied in any manner to create any dangerous, injurious, noxious or otherwise objectionable condition related to fire, explosion, radioactivity, noise or vibration; smoke, dust, odor or other forms of air pollution; electrical or other disturbance; glare or heat, liquid or solid hazardous wastes or any dangerous or objectionable elements in a manner or amount to adversely affect the surrounding area.

(b)

Visual restrictions. All permitted uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading berths, accessory or fuel storage and employee recreational facilities. In addition, no goods, equipment, supplies or other materials shall be stored in the open except on the rear two-thirds of any lot, and then only when such open storage is no higher than six feet and is fenced with a screening fence at least six feet in height.

(c)

Application. All proposals for development and uses of land and buildings are subject to site plan review submitted to and approved by the planning commission. In addition, the applicant shall submit a description of the proposed operation, including machinery, processes and products. The applicant will include specifications for the mechanisms, techniques and operations in sufficient detail so that the planning commission can determine or have determined whether the industrial pursuit meets the criteria of subsections (a) and (b) of this section.

(a)

Permitted uses. The following are permitted uses in the I-1 district:

Dwellings, only as living quarters for caretakers, and/or watchmen and their families.

Helistop.

Industrial and manufacturing uses which operate in conformance with the performance standards espoused by this section.

Off-street parking of motor vehicles as an accessory use.

Office buildings.

Public utility buildings and utility structures not otherwise permitted in other districts, including overhead electric power and energy transmission and distribution lines suspended from multilegged structures, aboveground pipelines, radio and television broadcasting stations and towers, and accessory structures.

Ready-mix plant for concrete.

Research, experimental and testing laboratories.

Retail sales and consumer service establishments (not including warehouse sales), accessory to any permitted use, and dealing primarily with employees of establishments permitted as principal uses, provided that such commercial uses shall not occupy more than five percent of the total floor area of all buildings on any lot or group of contiguous lots in common ownership or control.

Secondary schools, vocational technical schools and colleges.

Signs in accord with current city sign regulations, chapter 58.

Swimming pools, recreational facilities and dining facilities for use in connection with the operation of an establishment and primarily for employees as accessory buildings and uses.

Underground pipelines, underground electric power and energy transmission and distribution lines, underground or overhead telephone or telegraph lines, overhead electric power and energy transmission and distribution lines.

Warehouses and storage buildings.

Wireless communication facilities in compliance with section 78-71.

(b)

Accessory uses. A day care center in connection with an existing industrial facility is permitted as an accessory use.

(c)

Conditional uses. The following uses may be permitted in the I-1 district subject to the approval of a conditional use permit and all its required submissions and conditions. See section 94-91 for required submissions:

Churches and other religions institutions and their accessory buildings and uses.

Event center, according to and as more fully described in chapter 94, article III, division 3, as a conditional use in certain commercial zoning districts.

Health education facilities and their accessory buildings and uses.

Outdoor amusement and recreation establishments.

(d)

Prohibited uses. The following uses are expressly prohibited:

Abattoir.

Ammonia, bleaching powder, chlorine, asphalt.

Arsenal.

Blast furnace.

Boiler works.

Celluloid or pyroxylin (or treatment thereof).

Central mixing plant for asphalt, concrete or other paving materials.

Disinfectants.

Distillation of bones.

Distillation of coal, tar or wood.

Dump.

Dye works.

Emery cloth and/or sandpaper.

Explosives, fireworks or gunpowder, or storage of such materials.

Fat rendering, grease, lard or tallow manufacturing or processing.

Fertilizers.

Fertilizer mixing plant.

Forge plant.

Foundry.

Gas for illumination or heating.

Glue, size or gelatin.

Grist mill.

Incinerator, or reduction of dead animals, garbage or offal, except when operated or licensed by a duly authorized public agency.

Insecticides.

Junkyard.

Lampblack.

Leather goods.

Linoleum.

Manufacture of:

Acetylene.

Brick, clay, terracotta and tile products.

Chemicals, including sulfuric, nitric or hydrochloric or other corrosive or offensive acids.

Cinder block.

Printing ink.

Rayon or similar products.

Starch, glucose, or dextrin.

Stove polish.

Matches.

Mortar, lime, plaster, cement, gypsum.

Oil cloth and/or oiled products.

Ore reduction.

Packinghouse, including meat canning or curing.

Paint, oil, shellac, turpentine or varnish employing a boiling or rendering process.

Plastics.

Potash.

Railroad yard or roundhouse.

Refining or storage of petroleum, ethanol, or other dangerous, injurious, noxious, or otherwise objectionable substance that may create a condition related to fire, explosion, radioactivity, noise, vibration, smoke, dust, odor, other forms of air pollution, disturbances electrical or otherwise, glare, heat, hazardous wastes, or other objectionable elements in a manner or amount to adversely affect the health and safety in the surrounding area.

Rock crusher, washing and screening plants.

Rolling mill.

Rubber or products made from rubber.

Sand, gravel or clay pit; rock or stone quarry.

Sawmill.

Shoe blacking or polish.

Smelting.

Soap.

Soda or soda compound.

Steam power plant.

Stockyard.

Sugar refining.

Sulfuric, nitric, hydrochloric or other corrosive acids.

Tallow, grease or lard.

Tanning, curing or storage of leather, rawhides or skins.

Tar or tarroofing or waterproofing or other tar products, or their distillation.

Wool pulling or scouring.

Yeast.

Any other use which is found by the planning commission to be a public nuisance by reason of the emission of dust, fumes, gas, smoke, odor, noise, vibration or other disturbance is and shall be expressly prohibited.

(Ord. No. 243, § 1, 12-5-1994; Ord. No. 332, § 2(K), 1-21-1999; Ord. No. 464, § 2, 5-5-2002; Ord. No. 724, § 3, 12-7-2009; Ord. No. 742, § 2, 4-19-2010; Ord. No. 935, § 1, 6-22-2017; Ord. No. 1118, § 5, 5-20-2024)

(a)

Required yards and landscaped areas. In the I-1 district:

(1)

No principal or accessory building, parking area, loading or maneuvering area shall be located:

a.

Less than 15 feet from any lot line.

b.

Less than 50 feet from the boundary of any residence lot or from the boundary of any lot used for an educational institution.

c.

Less than the following minimum distances from the street right-of-way line or proposed street right-of-way of the following types of streets or highways as designated on the master street plan:

Class II .....75 feet

Class III and IV .....75 feet

Class V and VI or a private way within the industrial park .....50 feet

(2)

The required yards set forth in subsection (a)(1) of this section shall be landscaped in accordance with a plan approved by the planning commission. Landscaping shall mean the planting of grass, shrubs, trees and other comparable groundcover. To the maximum extent possible, driveways within such landscaped areas shall cross the areas by the most direct line; and all planting screens or walls required shall be located adjacent to parking areas rather than on the periphery of the lot. Such landscaped areas shall be maintained at all times.

(b)

Street access and frontage.

(1)

Each lot shall have a minimum frontage of 100 feet on a street or private way; however, the planning commission may approve a lesser frontage to a minimum of 60 feet for lots located on culs-de-sac or on street curves or having other extraordinary characteristics. Vehicular access shall be permitted only to one of the following types of streets:

a.

Class II.

b.

Class III or IV.

c.

A class V or VI or private way connecting only with class II, III or IV street.

(2)

The designation of any street or highway as to type shall be in conformance with that shown on the master street plan.

(c)

Building height limit. No building or other freestanding structure shall exceed a height of 50 feet at the building line. Building heights greater than 50 feet must be set back from the building line at a rate of three feet for each additional one foot of building height. Example: A building line has a maximum allowable building of 50 feet. If a building height of 55 feet is required, the new building line would be an additional 15 feet.

(d)

Lot coverage. Not more than 50 percent of the area of the lot may be covered by buildings, including accessory buildings.

(e)

Spacing between buildings. No building other than an accessory building shall be located closer to any other building than a distance equal to the height of the higher building, and in no event less than 30 feet from the other building.

(f)

Off-street parking.

(1)

Off-street parking shall be provided in accordance with the provisions set forth in article IV, division 3 of this chapter; except that for an industrial or manufacturing establishment or warehouse or similar use, the minimum requirement shall be one parking space for each 1½ employees, or one for each two employees on combined major and second shifts, and in addition one visitor parking space for every ten employees; except that the planning commission may authorize fewer visitor parking spaces if found that a fewer number will be sufficient for the operation anticipated. In addition to the foregoing, one parking space shall be provided for each company-owned or leased truck, passenger car or other vehicle located or principally based on the premises.

(2)

No parking spaces may be located within required front yards; except that an area equivalent to not more than 30 percent of the total area of all required parking spaces may be located within a required yard for use as parking space for visitors, selected personnel and minor deliveries. Off-street parking spaces may be grouped in facilities serving more than one lot or establishment.

(3)

When the lot on which parking spaces are located abuts the rear or side lot line of or is across the street from any residential land, a wall, fence or evergreen planting shall be maintained so as to screen substantially the parking lot from view from the nearest residential property. The screening shall be maintained in good condition at all times. In parking lots of one acre or more, at least five percent of the area of the parking lot shall be devoted to landscaping within the interior of the parking area.

(a)

The planned unit development districts are established to permit the combination of the subdivision of land and zoning review into one process. The combination review permits a development proposal to be acted upon simultaneously by the developer and the city. This system is advantageous when the developer who plats the land and provides access and utilities is the same developer to actually construct the buildings and provide the amenities that make the overall project marketable. An additional advantage is that the approved PUD plan remains intact even if transfer in ownership occurs. The approved PUD plan represents a commitment by both the developer and the city.

(b)

The PUD process permits more flexibility in the choice of housing types, the arrangement of varied land uses, and the use of generalized rather than specific development regulation. By permitting and encouraging the use of such procedures, the planning commission and the city council will be able to make more informed land use decisions and thereby guide development more effectively in the best interest of the health, safety and welfare of the city. The PUD process has a built-in public awareness aspect that ensures citizen involvement prior to final commitment to development.

Two types of planned unit development districts are established:

(1)

The planned residential district may be referred to and will be indicated on the zoning map as PRD.

(2)

The planned commercial district may be referred to and will be indicated on the zoning map as PCD.

The PRD is intended to accommodate a variety of housing styles and densities and may include retail commercial activities geared to the PRD resident market. The purpose, intent and application of the PRD is as follows:

(1)

To most effectively utilize land areas in the city which have characteristics such as steep slopes, floodplain proximity, river view and the like which makes conventional platting and rigid bulk and area requirements of zoning difficult to apply;

(2)

To encourage a variety and flexibility in land development and land use in a zone that will be predominantly residential; and

(3)

To maximize the enhancement of and minimize the disruption of existing natural features and amenities found in the PRD sites.

Permitted uses in the PRD district may include:

(1)

Residential uses (including accessory or temporary uses as specifically described) permitted in the R-1, R-2 and R-3 districts of this chapter. Accessory or temporary uses must conform to the use most closely resembling the use in the PRD, i.e., if the use resembles an R-1 zone, those accessory or temporary uses allowed in an R-1 will be allowed.

(2)

Parks, public and private recreational facilities and open space.

(3)

Public and institutional uses such as schools, churches and public utilities.

(4)

Retail commercial uses permitted in the C-1 zone marketing products for the convenience of the neighborhood, low traffic generation offices and offices for professionals. The gross leasable area devoted to retail commercial or offices or in combination shall not exceed four percent of the total gross floor area in the development.

(Ord. No. 691, § 2, 4-20-2009)

Wireless communication facilities in compliance with section 78-71 are permitted as a conditional use.

(Ord. No. 332, § 2(L), 1-21-1999)

The PCD is intended to accommodate a mix of retail, wholesale commercial, office, light industrial uses, and residential when mixed with commercial development, and whose purpose is redevelopment, economic development and cultural enrichment in a single-purpose or mixed-use planned development. The light industrial use is construed to be in character with those of small trades manufacturing, light warehouse and other type uses serving the local market and last mile logistics. The purpose and application of the PCD is as follows:

(1)

To encourage orderly and systematic mixed commercial/residential areas that combine endeavors of commerce into a rational, mutually beneficial arrangement accounting for vehicular and pedestrian circulation, access and egress, loading, landscaping, buffer strips, and areas of common usable open space.

(2)

To encourage clusters, centers and preplanned groupings of buildings within areas specifically designed to accommodate mixed uses and to discourage the proliferation of freestanding commercial or industrial uses along thoroughfares.

(Ord. No. 1105, § 1, 2-5-2024; Ord. No. 1116, § 1, 4-1-2024)

Permitted uses in the PCD district may include:

(1)

Retail commercial uses suggested in the C-1 and C-2 districts.

(2)

Wholesale commercial uses.

(3)

Office uses.

(4)

Public and institutional uses.

(a)

Industrial uses. It is the intent of this section to be highly restrictive in determining the appropriateness of light industrial uses in the PCD zone. Industrial uses in the PCD zone shall not exceed 25 percent of the combined gross area of other commercial and residential uses in a given PCD development proposal. There shall be no percentage restriction imposed in a PCD on the east side of Maumelle Boulevard, north of Carnahan Drive and south of Union Pacific Railroad.

(b)

Communication facilities. Wireless communication facilities in compliance with section 78-71 are permitted as a conditional use.

(c)

Residential uses suggested by the R-2 and R-3 districts. Residential uses must comply with the maximum coverage provisions in section 94-449(b)(2). When deciding whether to grant a conditional use permit for a residential use in a PCD, the planning commission and city council shall also consider the densities designated by the land use plan; the densities of surrounding development; the densities allowed under the various zoning districts; the urban development goals and other policies of the city; the topography and character of the natural environment; and the impact of a given density on the specific site and adjacent properties.

(d)

Certain commercial uses suggested by the C-2 district. Certain conditional uses in the C-2 district listed below shall be conditional uses in the PCD. When deciding whether to grant a conditional use permit for a commercial use in a PCD, the planning commission and city council shall also consider the densities designated by the land use plan; the densities of surrounding development; the densities allowed under the various zoning districts; the urban development goals and other policies of the city; the topography and character of the natural environment; and the impact of a given density on the specific site and adjacent properties.

(1)

The following non-institutional uses:

Adult day care centers.

Day care centers.

Liquor stores.

Nursing homes or convalescent homes.

Outdoor amusement and recreation establishments.

Pet shops.

(2)

The following institutional uses and those of similar character:

Assisted living facilities.

Churches.

Educational facilities.

Fire stations.

Government offices.

Health facilities.

Libraries.

Museums.

Police stations.

(Ord. No. 332, § 2, 1-21-1999; Ord. No. 1105, § 2, 2-5-2024; Ord. No. 1116, § 2, 4-1-2024; Ord. No. 1118, § 6, 5-20-2024; Ord. No. 1165, § 1, 2-2-2026)

(a)

Generally. The planning commission shall consider the proposed planned unit development in light of the intent and purpose of the district as described in sections 94-441 and 94-443 (PRD) or 94-446 (PCD). The planning commission shall determine that specific development features, including project density, building locations, common usable open space, shall be combined in such a way as to further the health, safety, amenity, welfare, and cultural enrichment of the city. The planning commission shall also apply the same general review guidelines as those utilized for zoning and subdivision applications in chapters 70 and 94, respectively. Finally, the planning commission shall apply the standards and review guidelines set forth in this section, in addition to the following criteria:

(1)

The compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood;

(2)

The urban development goals and other policies of the city;

(3)

The need for the proposed development;

(4)

The effect of the proposed development on the future development of the area;

(5)

That the land surrounding the proposed development can be planned in coordination with the proposed development;

(6)

That the existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development;

(7)

That existing and proposed utility services are adequate for the proposed development;

(8)

That the proposed development creates a desirable and stable environment; and

(9)

That the proposed development makes it possible for the creation of a creative, innovative and efficient use of the property.

(b)

Density and intensity.

(1)

Residential density. Planned unit development residential densities shall be determined on the basis of the following considerations: the densities designated by the land use plan; the densities of surrounding development; the densities allowed under the various zoning districts; the urban development goals and other policies of the city; the topography and character of the natural environment; and the impact of a given density on the specific site and adjacent properties. The following specific guidelines shall be used in evaluating an application:

(2)

Lot coverage. The planning commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts the development scheme. When considering a mixture of residential and commercial/light industrial in a PCD, the following specific guidelines also apply:

(A)

Exterior lot coverage: Ground floor lot coverage along or fronting public or private streets abutting the development shall be 100 percent commercial or light industrial, with second and above floors allowing a mixture of uses as described in section 94-447 and conditional uses in section 94-448. The planning commission may recommend that the city council waive this 100 percent requirement for a development due to specific characteristics unique to the property so long as the development meets the remaining requirements guidelines and criteria.

(B)

Residential density: The development shall comply with the density and intensity goals outlined in subsection 94-449(b)(1) for residential density in a mixture of residential and commercial/light industrial in a PCD.

(c)

Lot size, setback and building height.

(1)

Lot size. There shall be no minimum standards although existing standards of zoning and subdivision regulations will be used as a guide.

(2)

Setback. There shall be no minimum standards although existing standards of zoning and subdivision regulations will be used as a guide.

(3)

Building height. There shall be no maximum building heights except as may be determined by the planning commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. All height proposals shall be reviewed by the department of public safety. Building height within a planned unit development may differ from parcel to parcel, but in no instance shall building heights within a parcel exceed the height generally permitted for similar uses within the conventional zoning districts wherein the use would normally be located. A lesser height may be established by the planning commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the city.

(d)

Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a planned unit development. The nature and extent of screening and landscaping required shall be determined by the planning commission, based on the vehicular landscape requirements (chapter 90) and in relation to the overall character of the development and its specific location. As part of the final development plan, a detailed screening and landscaping plan shall be submitted to the planning commission. Landscape plans shall show the general location, type and quality (size/age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. Existing trees shall be preserved whenever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels.

(e)

Open space. Well-designed open space is an important factor in providing for innovative design and visual attractiveness. Open space shall be evaluated utilizing the following general guidelines:

(1)

A minimum of ten to 15 percent of gross planned residential district (PRD) areas shall be designated as common usable open space.

(2)

Single-family, duplex, zero-lot-line and townhouse developments shall have a minimum of 500 square feet of usable private open space per unit.

(3)

No more than half the common usable open space may be covered by water.

(4)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(5)

Recreation facilities or structures and their accessory uses located in common areas shall be considered as usable open space as long as the total impervious surfaces such as paving and roofs constitute no more than ten percent of the total open space.

(6)

Landscaped roof areas, accessible to all residents, may be counted as usable common open space at a value of 60 percent of the actual roof area devoted to their use.

(7)

A minimum of ten percent of gross planned commercial district (PCD) areas shall be designated as landscaped open space, not to be used for streets or parking.

(f)

Traffic circulation. The following traffic circulation guidelines shall apply:

(1)

The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes.

(2)

Sites without access to either collector or arterial streets shall be developed at a density not to exceed 12 units per gross acre.

(3)

The traffic circulation system shall be comprised of a hierarchical scheme of local, collector and arterial streets, each designed to accommodate its proper function, and in appropriate relationship with one another and the master street plan.

(4)

Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses.

(5)

Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned unit development.

(6)

Internal local streets shall be designed to discourage through traffic within the planned unit development and to adjacent areas.

(g)

Parking standards. The off-street parking and loading standards are found in specific gross usable or leasable floor areas of the respective use areas.

(h)

Perimeter treatment. Notwithstanding any other provisions of a planned unit development district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter, chapter 70 and chapter 90.

(i)

Financing of public improvements. Where financing for public improvements needed to accommodate a proposed planned unit development is insufficient, the planning commission shall encourage the applicant to establish improvement districts or other equitable means of financing these improvements.

(j)

Drainage. The proposed development shall include on-site and downstream drainage to protect watercourses from erosion and siltation and to preserve natural site amenities.

(Ord. No. 1105, § 3, 2-5-2024; Ord. No. 1116, § 3, 4-1-2024)

The following standards of eligibility must be met relating to location, ownership and size. Projects may be staged at the option of the developer.

(1)

Location.

a.

Eligible properties shall lie within the corporate limits of the city or within the extraterritorial limits over which the city exercises zoning jurisdiction as permitted by state law. This area limitation is made even though subdivision platting is a part of the PUD process which, without zoning, would be applicable to the entire extraterritorial planning area.

b.

The intent is to apply the PRD district to areas designated as special use residential and to confine the PCD to the area designated as commercial/industrial as shown on the interim land use plan. PCD will not be allowed in other commercial zones.

(2)

Ownership. Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than 50 years, or their authorized agent and beneficiaries of all properties in question. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this division.

(3)

Minimum size. Eligible properties must normally be two acres or larger in size (gross acreage). Slightly smaller parcels may be eligible, provided the applicant can show that the proposed planned unit development can meet the intent and regulations of this division without injury to the public health, safety and welfare.

(4)

Staging.

a.

While this division encourages submission of comprehensively planned development proposals of entire ownerships, a preliminary development plan need not cover the entire property owned by the applicant.

b.

Applicants may choose to submit a phased development program incorporating incremental final development plans and plats for subareas of the entire ownership. Although the entire ownership must be shown, a boundary survey or some type of device showing streets, drainage or other boundary feature must be provided in order to phase development. Where this is done, the applicant shall adhere to the approved development schedule for the phased submission of final development plan and plat.

c.

If the applicant cannot adhere to the time period approved, a written request for extension may be submitted to the planning commission. A maximum of two one-year extensions may be granted by the planning commission, which, upon demonstration of good cause, shall not unnecessarily withhold approval. Additional extensions shall require approval of the city council.

(a)

Generally. The planned unit development application procedure shall consist of four phases:

(1)

A preapplication conference with the city planning and permits department.

(2)

A community meeting held by the applicant or their representatives at a location approved by the planning director.

(3)

A preliminary development plan reviewed by the planning commission and the city council.

(4)

Final development plan and plat approved as a whole or in phases by the planning commission and staff following its review for compatibility with the preliminary plan.

The final development plan and plat shall be approved prior to the issuance of any building permits within any portion of the planned unit development.

(b)

Preapplication conference.

(1)

Before submitting an application for any planned unit development, the landowner or his authorized agent shall confer with the staff in order to become familiar with the planned unit development review process.

(2)

The applicant will inform the staff about the location, the provision of access, the utility requirements, the intended use of land and structures, and timing of construction.

(3)

The staff will inform the applicant of city policies regarding access and utilities, and of any perceived potential problems that might arise in execution of the PRD or PCD.

(c)

Community meeting. An applicant seeking the planned unit development of property shall hold a community meeting prior to submission of their preliminary development plan for review by the city. The applicant shall notify owners of all lands which lie within 300 feet of the affected property via certificates of mailing at least seven days prior to the community meeting, and shall submit to staff the day, time, and location of the meeting for approval. The planning director may reasonably increase the notification area for any application at his discretion. The city may also give notice of the community meeting on its web site, but the city's failure to give notice of the community meeting on its web site shall not affect the validity of any subsequent action by the planning commission or the city council. A roster list of attendees along with any comments or feedback from the community and proof of certificates of mailing shall be provided as part of the application submission to the city.

(d)

Preliminary development plan review. An applicant seeking the planned unit development of property shall submit to the staff a preliminary development plan and all the necessary fees at the time of the filing. The preliminary development plan will be reviewed by staff and any affected city departments, and their recommendations shall be forwarded to the planning commission. A public hearing for the preliminary plan shall be set not later than 60 days after filing. The submission and notification requirements for a preliminary development plan shall be the same as for the rezoning of any lot, parcel, or tract of land, in that a public hearing, advertisement, and notification of landowners within 300 feet of the affected property shall be required. The planning director may reasonably increase the notification area for any application at his discretion. At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the planned unit development proposal. The planning commission will assess the proposal in light of regulation guidelines and will take action after weighing the recommendations of the staff, the developer's presentation, and the community's response. The commission shall approve, grant approval conditioned on specified modifications, or disapprove the planned unit development proposal. The applicant will receive written notification of the action taken by the planning commission within ten days of the meeting date.

(1)

Approval. If the preliminary development plan is approved by the planning commission, it will be forwarded to the city council for their review. The city council may grant, deny, defer for requested changes or information, or return the application to the planning commission for further study. The city council may direct the planning commission to reconsider specific aspects of the preliminary development plan. The approval of the preliminary development plan does not constitute the recording of a plat or authorize the issuance of a building permit. Both of these actions are contingent on approval of the final development plan and plot. The approved preliminary plat permits the completion of subdivision construction, streets, grading, utilities and the like, contingent on meeting all requirements of section 94-13. If the preliminary application is approved, a post-preliminary application conference shall be held between the applicant and the staff. This conference will be held to discuss what changes were required by the city council. The staff will inform the applicant of any plan alteration or additional information which must be submitted for the final development plan/plat review.

(2)

Modification.

a.

If the preliminary development plan is conditionally approved, the applicant shall have 90 days from the date of the planning commission action granting conditional approval, to submit a revised preliminary development plan. If the staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the city council for public hearing and disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised preliminary development plan will be resubmitted to the planning commission for public hearing.

b.

A public hearing need not be held to consider modifications on location and design of streets or facilities for water, stormwater, sanitary sewers, or other public facilities required as a tentative condition of approval of the preliminary development plan. The burden shall, nevertheless, be upon the landowner to show the planning commission good cause for any variation between the preliminary plan previously approved, and the final plan and plat submitted for approval.

c.

If the planning commission finds that only minor differences exist in the final development plan and plat, the commission shall approve final disposition.

(3)

Disapproval. If a preliminary development plan is denied, the applicant may appeal to the city council, provided a written request is filed within 30 days of the denial by the planning commission.

(e)

Final development plan and plat.

(1)

The applicant shall generally have one year from the date of preliminary plan approval to submit the final development plan and plat. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plan and plat shall be followed. Requests for extensions shall be submitted in writing to the planning commission, which shall not unreasonably withhold approval. A maximum of two one-year extensions may be granted by the planning commission. Additional extensions shall require approval by the city council. Time extensions must be applied for before the time elapses on all preliminary approvals.

(2)

Except as provided for below, the final development plan and plat review shall be conducted by the planning commission and staff. They will review the final development plan and plat to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, the application must be resubmitted for preliminary development plan review. The planning commission will also determine that those elements conditioned by the city council were altered to meet the city council's specific requirements. Final plat approval shall be held in abeyance till such time as an as-built inspection has been accomplished and concurs with the final development plan and plat.

(3)

The final development plan and plat shall be deemed to be in substantial compliance with the preliminary development plan provided the plan and plat do not:

a.

Increase proposed floor area for nonresidential use by more than five percent.

b.

Increase total building coverage by more than five percent.

c.

Increase building height by more than five percent.

d.

Increase total number of dwelling units by more than five percent within a given phase. Fluctuation shall be permissible, provided overall density is maintained.

(4)

The final development plan and plat may be approved at a staff level if the above submission requirements are met and the final development plan and plat are deemed to be in substantial compliance with the preliminary development plan and plat, provided that the plan and plat do not:

a.

Increase proposed floor area for nonresidential use.

b.

Increase total building coverage.

c.

Increase building height.

d.

Increase total number of dwelling units within a given phase. Fluctuation may be permissible, provided overall density is maintained.

(5)

Approval or disapproval of a final development plan and plat by the planning commission or planning staff shall occur within 60 days of the filing of the plan. If the plan as submitted contains variations of substance from the previously approved preliminary development plan, the planning commission may, after meeting with the landowner, refuse to grant final approval and shall so advise the landowner in writing of the refusal, setting forth the reasons such variations are not in the public interest.

(6)

The landowner may either resubmit the final development plan and plat in conformance with the preliminary development plan, or file a written appeal with the city council within 45 days of the refusal date. If such an appeal is filed, the city council shall schedule a public hearing to consider the application.

(7)

After the final development plan and plat has been approved, the applicant shall enter into an agreement with the city in order to install the required public improvements. The applicant shall either:

a.

Post a performance bond in an amount determined by the project engineer and approved by the mayor, the deposit to be placed in an interest-bearing account with interest credited to the applicant and subject to an agreement permitting the city to use the deposit for completion of the improvements if the applicant becomes in default under the contract for improvements; or

b.

Enter into a triparty agreement with the city and project lender requiring that:

1.

The funds for the required improvements will be set aside and held separate from the balance of the development financing.

2.

The funds set aside will be disbursed only for the required public improvements and for no other purpose.

3.

The funds will be disbursed in direct payment for completion of the improvements if the applicant becomes in default under the contract for improvements.

(8)

The execution of a certificate of approval for final construction plans for public improvements shall be authorized by the staff after receiving the documents mentioned in this subsection and making the necessary field checks. After compliance has been reached with all provisions of the PUD regulation, the engineer of record shall present to the staff the original documents, which after application of proper signatures shall be recorded with the county clerk's office.

(Ord. No. 626, § 1, 12-4-2006; Ord. No. 1061, § 4, 5-2-2022; Ord. No. 1097, § 3, 10-2-2023; Ord. No. 1166, § 5, 2-2-2026)

As part of the application process, the applicant shall be required to submit the following documents and information:

(1)

Preliminary development plan submittal.

a.

A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.

b.

Quantitative data, including the following information:

1.

Parcel size.

2.

Types and numbers of uses and floor areas by use.

3.

Ratio of building coverage and percentage of floor area occupied by permitted uses.

4.

Total acreage of private and common usable and nonusable open space by type.

c.

A site plan meeting the following requirements:

1.

Submitted on a sheet not to exceed 24 inches by 36 inches, or less than 12 inches by 24 inches, and containing a small-scale vicinity map. Informational items may be developed as overlays of the basic map.

2.

To scale (scale indicated) and directionally oriented.

3.

Proposed lot lines and plot designs.

4.

Existing and proposed circulation system of all streets (arterial, collector, residential), including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (ingress and egress).

5.

Existing and proposed pedestrian circulation systems.

6.

Proposed treatment of the perimeter of the property, including materials and techniques used such as screens, fences and walls as well as description of uses, setbacks and their relationship to surrounding uses.

7.

General schematic landscape plan of the treatment of the area used for private and common open space (including open space buffers).

8.

Location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, and similar public and semipublic uses.

9.

Location, dimensions, nature of all existing and proposed easements (utility, streets) and public improvements (drainage, sewers, water, etc.).

10.

Indication of the location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines.

11.

Description of the following existing conditions of the property:

i.

Contours at two-foot intervals.

ii.

Watercourses.

iii.

Floodplains.

iv.

Unique natural features.

v.

Forest cover.

12.

A legal description of the total site proposed for development, including a statement of present and proposed ownership.

13.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed.

14.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned unit development, including land areas, and dwelling units.

15.

An approved preliminary plat in accordance with the subdivision regulations for the city, chapter 70.

(2)

Final development plan and plat submittal. The final development plan and plat shall contain or include all information required in a preliminary plan, plus the following:

a.

A letter from the applicant requesting final development plan review.

b.

A description of the maintenance provisions of the development.

c.

Final subdivision plat.

d.

Survey of the property.

e.

The proposed development schedule, including:

1.

Starting date.

2.

Dates when various phases are projected to be completed.

f.

A site plan with the required preliminary plan information, plus the following:

1.

Indication in feet of the interior curb radius for all vehicle turning movements within, into and off the site.

2.

Illustration of proposed street improvements to be provided in relation to property lines, including additional dedication if required, and width of curb cuts and sidewalks if required.

3.

Illustration of existing and proposed water supply for fire protection; utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines; and evidence of approval from the responsible jurisdictions or companies.

4.

Illustrations of the location of structures and structure dimensions, dimensioned distances between buildings, and distance from structures to property lines, indicating any changes from the preliminary plan.

5.

A landscaping and screening plan showing the location, size and specific types of landscaping materials, fencing and other buffers from other than single-family developments.

6.

Submit a detailed schedule of events for final plat recording when associated with a condominium development. This schedule should outline the steps taken whereby the final plat will not be filed until the buildings are completed. Condominium plat and final subdivision plat in this instance will be the same instrument.

The building permits may be issued upon request by the owner or developer based on the approved final development plan and plat and the approved preliminary subdivision plat. The engineer of record shall provide staff with copies of the proposed condominium final plat as proposed for recording. Staff will ensure that all requirements have been met, and that the plat will be proper for recording subject to an as-built survey of the site.

(3)

Filing fees.

a.

Filing fees for planned unit development applicants shall be those established from time to time by the mayor.

b.

If a preliminary plan application is withdrawn prior to planning commission action, the applicant shall be entitled to a refund as established from time to time by the planning commission; however, there shall be no refunds of any portion of fees paid on applications amended or denied in the review process. If a new application is filed on the same or portion of the same property after a prior petition has been acted upon or withdrawn, the subsequent application shall be considered a new application, and fees charged accordingly.

(a)

Causes for revocation as enforcement action.

(1)

The planning commission may recommend to the city council that any previous planned unit development approval be revoked and all building permits be voided under the following circumstances:

a.

If the applicant has not submitted a final development plan to the staff within one year of preliminary plan approval. Where an optional staged development plan is utilized, the affected portion of the approved preliminary plan may be revoked in its entirety or to the extent of that portion on which a final development plan and plat has not been submitted and approved.

b.

If no building permit has been issued within two years from the recording date of the final development plan and plat, or initial plan of a staged final development plan and plat and the applicant has not been granted an extension.

c.

If the applicant does not adhere to the phased development schedule as stated in the approved preliminary development plan.

d.

If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final development plan and plat are proceeding at a substantially slower rate than other project components.

(2)

From time to time, the planning commission shall compare the actual development accomplished with the approved development schedule. If the commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the planning commission may initiate revocation action or cease to approve any additional final development plan and plats if preceding phases have not been finalized. The city may also issue a stop work order or discontinue issuance of building permits, or revoke those previously issued.

(b)

Procedures for revocation.

(1)

Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or his authorized agent notifying him of his alleged default and setting a time at which he shall appear before the planning commission to show cause why steps should not be made to totally or partially revoke his planned unit development permit. The commission's recommendation shall be forwarded to the city council for disposition as in original approvals.

(2)

If any planned unit development permit is revoked by the city council because any default has occurred, the city council shall take the appropriate action to prohibit any further development and shall file for record such action in the city clerk's office.

(3)

In the event of revocation, any completed portions of the development or those portions for which building permits have been issued, shall be treated to be a whole and effective planned unit development.

(4)

After causes for revocation or enforcement have been corrected, the city council shall expunge such record as established in subsection (b)(2) of this section, and the planning commission shall resume approval of final development plans and shall authorize continued issuance of building permits.

(a)

The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures and similar common elements. The city encourages the creation of homeowner associations, funded community trusts, or other nonprofit organizations implemented by agreements, private improvement districts, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas, and communally owned facilities shall be approved by the city attorney as to legal form and effect, and by the planning commission as to the suitability for the proposed use of the open areas. These legal entities shall be provided to the planning commission together with the filing of the final development plan and plat, except that the bill of assurance shall be filed with the preliminary plan at least in a preliminary form.

(b)

If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the bill of assurance that will govern the association with the application for final development plan approval. The provisions shall include, but not necessarily be limited to, the following:

(1)

The homeowner association must be legally established before building permits are granted.

(2)

Membership and fees must be mandatory for each home buyer and successive buyer.

(3)

The open space restrictions must be permanent, rather than for a period of years.

(4)

The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments.

(5)

Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property.

(6)

The association must be able to adjust the assessment to meet changed needs.

(a)

The OS district has the purpose to protect the public health, safety and welfare by protecting set-aside open space whether for institutional reasons or aesthetic reasons or for the protection of land area where natural topography creates practical difficulty for urban development. It is the intent of this district to enhance the natural conditions of open space areas and to reduce the disproportionate costs of providing public facilities.

(b)

The OS district is proposed for application to public and private recreational areas, including playgrounds, pedestrian walkways, buffer strips, parks, golf courses, and country clubs where these uses comprise a significant component of the city's open space network.

Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations of such mechanisms:

(1)

Dedication of open space to the city or an appropriate public agency if there is a public agency willing to accept the dedication.

(2)

Common ownership of the open space by the residence association, which assumes full responsibility for maintenance.

(3)

Deed-restricted private ownership, which shall prevent development and/or subsequent subdivision of the open space land and provide for maintenance.

Unless otherwise specifically provided in this subdivision, the following development criteria shall apply to the OS district:

(1)

Dumping of trash, waste or offensive materials or the creation of a junkyard of any kind shall be expressly prohibited.

(2)

The location of off-premises outdoor advertising shall be prohibited.

(3)

Where the OS district is established, all such areas shall remain in their natural state unless otherwise authorized by the city.

(4)

A buffer of OS zoning shall be no less than 20 feet wide.

(5)

Enhancement, such as additional screening or planting, of the open space area, when proposed for use as a required buffer zone, may be required.

All uses of land and structures and the building or alteration of proposed structures in the OS district, whether by private or public means, shall be construed to be conditional uses and shall follow the procedures for conditional uses found in article II, division 3 of this chapter. Some uses which are characteristic of an open space district and which may be considered for conditional use are as listed:

(1)

Municipal, governmental, private or philanthropic recreational use, including parks, playgrounds, tennis courts, golf courses, skating rinks, and hiking or bridle paths.

(2)

Country club, golf course, swimming pool, tennis courts or other private recreational uses usually associated with or incidental to a social country club operated for mutual recreation for the members and not as a business for profit.

(3)

Wildlife refuge or bird sanctuary.

(4)

Greenhouses and structures associated with an arboretum, not operated for profit.

(5)

Recreation, refreshment and service buildings in parks, playgrounds and golf courses.

(6)

Parking facilities.

(7)

Public utility buildings and facilities, including units for residential emergency personnel when necessary for serving the surrounding area, provided no public business office and no repair or storage facility or sewer treatment plant are built.

(8)

Educational facilities.

(Ord. No. 332, § 2(A), 1-21-1999; Ord. N>o. 392, § 1, 5-7-2001)

No yard or height dimensions are set in this section for uses and structures in the OS district. Determination of area regulations and floodplain compliance shall be determined and recommended by the planning commission in the conditional use review process on a case-by-case basis.

The FW floodway district designates areas where special flood hazards exist. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris that become potential projectiles and since erosion is prominent, it is intended to keep the area free of land uses which are endangered by floods or which increase the danger from floods to other property. The purpose of the FW district is to protect the lives and property of persons living in areas subject to the effects of the floodway. The following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development. However, proposals for development of encroachments to be used as any of the conditional uses identified herein may be considered if the following are provided in acceptable form to the city:

a.

Certification by a registered professional engineer demonstrating that the entirety of the proposed encroachment(s) which are necessary or anticipated for the intended use will not result in any increase in flood levels during occurrence of the base flood discharge.

b.

Floodway areas may come under state and federal regulations, if any subject property is in the jurisdiction of any of these agencies, the city will require specific approval from these agencies.

c.

Encroachments must conform to all other provisions of the city code including, but not limited to, the requirements of the city flood regulations, subdivision regulations, and planning regulations.

(Ord. No. 637, § 1, 5-21-2007)

(a)

All uses of land, structures, encroachments or the building or alteration of proposed structures or encroachments, whether by private or public means, shall be construed to be conditional uses and shall follow the procedures for conditional found in article II, division 3 of this chapter. The following are conditional uses which may be considered in the FW district:

(1)

Landing strips for aircraft.

(2)

Marinas and boat landings.

(3)

Public or private parks.

(b)

The conditional uses and others in character with those listed may all be considered but all are subject to the limitations cited in section 94-521 and any other applicable planning or floodway regulations.

(Ord. No. 637, § 2, 5-21-2007)

The regulations for the A-1 Agricultural Zoning District are designed to preserve and protect prime agricultural lands and to protect undeveloped areas from intensive uses until a use pattern is approved.

(Ord. No. 1154, § 2, 12-1-2025)

(a)

Hazard restrictions and performance standards. It is the intent of this section to prevent land or buildings from being used or occupied in any manner to create any dangerous, injurious, noxious or otherwise objectionable condition related to fire, explosion, radioactivity, noise or vibration; smoke, dust, odor or other forms of air pollution; electrical or other disturbance; glare or heat, liquid or solid hazardous wastes or any dangerous or objectionable elements in a manner or amount to adversely affect the surrounding area.

(b)

Application.

(1)

All proposals for development, other than residential single-family, of land and buildings are subject to site plan review submitted to and approved by the planning commission. In addition, the applicant shall submit a description of the proposed operation, including machinery, processes and products. The applicant will include specifications for the mechanisms, techniques and operations in sufficient detail so that the planning commission can determine if the proposal meets the intent of the A-1 district.

(2)

All proposals for single-family development are subject to building permit plans review for residential structures.

(Ord. No. 1154, § 2, 12-1-2025)

(a)

Permitted uses. The following uses are permitted uses in the A-1 district:

Agricultural services (i.e. farmers market, private sale)

Agricultural — limited

Contract sorting, grading, and packing fruits and vegetables for grower

Farming: All legal plants and all animals excluding pigs and bovine

Forestry: Growing, harvesting, or preserving trees and /or forest products

Garden: No product sold on premises

Greenhouse commercial or private

Home occupation

Nursery (plants) — see Horticulture or nursery product stores

Residence for use of a caretaker responsible for maintaining or operating the property

Single-family dwelling

Signs in accord with current city sign regulations, chapter 58.

Wireless communication facilities in compliance with section 78-71.

(b)

Conditional uses. The following uses require a conditional use permit in the A-1 district:

Animal shelter

Animal boarding/kennel

Church or religious facility

Fire stations

Manufactured/Modular housing (add new)

Public utility buildings and structures

Utility substation

Underground pipelines, underground electric power and energy transmission and distribution lines, underground or overhead telephone or telegraph lines, overhead electric power and energy transmission and distribution lines

Veterinarian service

(c)

Accessory uses permitted. Accessory uses that are incidental to permitted uses in the A-1 district and not detrimental to the adjacent property or character of the zone may include guest houses, employee's quarters and agricultural buildings.

(Ord. No. 1154, § 2, 12-1-2025)

(a)

Density. The maximum density in the A-1 district is one unit per acre.

(b)

Site area. The minimum site area shall be two acres (87,120 sq. ft.).

(c)

Front setback. The minimum setback for the front building line shall be 50 ft.

(d)

Exterior setback. The minimum setback from any property line shall be 25 ft.

(e)

Exterior street setback. The minimum setback along any frontage is 50 ft.

(f)

Maximum height. The maximum height for the primary structure shall be 35 ft., max stories of three floors. Accessory structures shall have a maximum height of 50 ft.

(g)

[Lot width.] The minimum lot width at the building lines shall be 100 ft.

(h)

[Total lot area.] The principal building and all accessory buildings on a lot shall not occupy more than 30 percent of the total lot area.

(Ord. No. 1154, § 2, 12-1-2025)

The R-1 residential district is intended for the building of a one-family dwelling on a separate and distinct platted lot. The R-1 district is applicable to those existing developed areas of the city which are developed as one-family dwellings on separate platted lots and for those undeveloped areas of the city which are appropriate for future development for single-family residence purposes. The existing areas and the appropriate undeveloped areas are delineated and indicated as SFD on the land use plan.

(a)

In the R-1 district, a minimum of seven to 15 percent of the gross area shall be designated as common usable open space. Open space shall be evaluated utilizing the following general guidelines:

(1)

The percentage of required common open space shall be determined by the planning commission according to the proposed lot sizes, the average slope of the subdivision, the areas involved in floodway or water or other specific factors which may be delineated at the time of approval.

(2)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(3)

In the required open space, 50 percent may be left in its natural state. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(b)

The required open space shall conform with the open space areas as designed in the parks plan.

(Ord. No. 301, § 1(A), 10-20-1997)

(a)

Purpose. The purpose of the R-1 district is the development of single-family detached houses at densities not to exceed six dwelling units per gross acre.

(b)

Use permitted by right.

(1)

One single-family detached dwelling with a basic minimum of 1,000 square feet of heated/cooled living space at a density of three dwelling units per acre maximum, is permitted by right as the primary or principal use on a lot of record.

(2)

In addition, the following system of dwelling size reduction will be required to buffer abutting subdivisions with differing minimum square footage of dwelling unit requirements. In order to simplify calculations, subdivisions with minimum residential square footage requirements above 2,000 square feet will be classified at 2,000 square feet.

(3)

A development plan must be submitted which indicates the minimum required heated/cooled living space of the residential subdivision and all abutting subdivisions, along with any proposed undisturbed buffer areas. This plan is submitted to the planning commission for review and approval during the preliminary platting process, and may be included as part of the preliminary plat.

(4)

A reduction in the minimum square footage allowed in a subdivision may be achieved by any combination of the following methods, up to a maximum of 23 percent. The following reductions are calculated from the abutting subdivision with the highest required minimum square footage of living area:

a.

A reduction in the minimum square footage by eight percent is allowed by right.

b.

A reduction in the minimum square footage by an additional five percent is allowed with the provision of each 50-foot buffer of undisturbed open space.

c.

A reduction in the minimum square footage by five percent is also allowed within a subdivision for each subsequent tier of lots or minimum of 150 feet, whichever is greater.

(c)

Accessory uses. The following accessory structures and uses of land shall be permitted provided such structures and uses of land are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. All accessory uses, except subsections (c)(3) and (4) of this section, require a city building permit. Subsection (c)(4) requires a city accessory zoning use permit as per section 94-101.

(1)

Private auto garages, storage shed or building for the storage of household related goods, and children's playhouses.

(2)

Private greenhouses for noncommercial horticultural purposes.

(3)

Flower and vegetable garden.

(4)

Home business/occupations in compliance with section 94-572.

(5)

Private swimming pools, tennis courts and similar recreational facilities.

Accessory buildings, except private auto garages which are located behind the front building line, may not be located in front yards. All others shall not occupy over 25 percent of the rear yard.

(d)

Temporary uses. The following temporary buildings and items of ownership where such building or item conforms to the height and yard requirements of this zone are permitted by right:

(1)

Recreational vehicles, camping trailers, boats, trailers, and the like shall be allowed when parked in garages or in the side yard behind any building line of the lot and behind the front face of the residence which is closest to the storage location so that the object will not be stored in front of any portion of the structure.

(2)

One portable or movable, storage or moving container may be placed in the driveway of a single-family residence for a maximum period of 30 days. The container must be permitted through the permit department of the city. No more than one such container may be used at a particular residence every six months, unless documentation of a change in ownership of the residence is provided at the time of permitting. These containers may not be placed in the street at any time. This restriction does not affect the foregoing provisions of this section concerning the accessory usage of storage shed or building for the storage of household related goods. If a storage or moving container will be used in excess of 30 days as set forth herein, the container must meet the requirements of an accessory use and be located behind the building setback line.

(3)

Model home sales offices, when the sales office is located in the model home, subject to the approval of the planning commission and subject to the following provisions:

a.

The model home sales office shall be located in a subdivision to which the sale of lots and homes are directed.

b.

The model home sales office shall not be permitted beyond 18 months or 80 percent of lots being sold from the granting by the planning commission. Extension of the 18 months or 80 percent of lots sold may be granted by the planning commission.

(4)

Garage, carport or yard sales not to exceed four within a calendar year and two days for each event may be permitted on any platted lot which supports single-family attached and/or single-family detached dwellings as the principal uses.

(e)

Conditional uses. The following uses may be permitted in the R-1 district subject to the approval of a conditional use permit and all required submissions and conditions of the permit. See section 94-91 for required submissions, etc. It is the intent of this section to encourage through conditional uses the development of varied density arrangements, to permit affordable housing, to nurture development in appropriate locations and to distribute varied density arrangements throughout the city and within various subdivisions.

(1)

Churches and other religious institutions and their accessory buildings and uses.

(2)

Nursery school, day care center, elementary school.

(3)

Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office and no repair or storage facility or sewer treatment plant are maintained.

(4)

Smaller lot single-family detached housing with a minimum heated/cooled living space of 800 square feet.

(5)

Single-family detached zero-lot-line housing with a minimum heated/cooled living space of 800 square feet.

(6)

Wireless communication facilities in compliance with section 78-71.

(Ord. No. 120, § 1, 9-6-1989; Ord. No. 229, § 1, 4-5-1994; Ord. No. 301, § 1(B), 10-20-1997; Ord. No. 332, § 2, 1-21-1999; Ord. No. 641, § 1, 8-20-2007; Ord. No. 691, § 1, 4-20-2009)

No building in the R-1 district erected or structurally altered shall exceed a height of 35 feet or be more than 2½ stories.

For off-street parking regulations, see article IV, division 3 of this chapter.

Yard space between a building wall and the adjacent lot line shall be measured perpendicular to the lot line at the point where the wall is closest to the lot line to determine the minimum allowable yard dimension. The closest point measurement is made to compensate for walls running at an angle (not parallel) to the lot line or walls with the vertical plane stepped back in 90-degree angular turns. The projection of uncovered, noncombustible porches or patios into yard space is permissible. Requirements are as follows:

(1)

For single-family detached:

a.

Density shall be three dwelling units per gross acre maximum.

b.

The minimum lot area shall be 7,500 square feet, with a lot width of not less than 60 feet at the front building line, but not to exceed the average density rate of three dwelling units per gross acre maximum.

c.

There shall be a front yard setback having a depth of not less than 25 feet, except as may be modified by the hillside development provision of chapter 70.

d.

There shall be a minimum required side yard setback on each side of the principal structure of ten percent of the lot width or eight feet, whichever is lesser. Encroachment of structural appurtenances, i.e., eaves, balconies, bay windows, shall not exceed two feet. Corner lots shall have a side yard on the exterior or street side of not less than 25 feet.

e.

There shall be a rear yard setback having a depth of not less than 15 feet, excluding accessory buildings, which shall be a minimum of ten feet from the rear property line and no closer to a side lot line than the principal building line.

f.

The main building (principal use) and all accessory buildings on a lot shall not occupy more than 33⅓ percent of the total lot area.

(2)

Smaller lot single-family detached is intended to provide all the amenities of low-density housing but on smaller lots. Each lot should, to the extent possible, be adjacent to the public open space system. The result is a permissible reduction in lot size.

a.

Density shall be six dwelling units per gross acre maximum.

b.

The minimum lot area shall be 4,000 square feet, with a lot width of not less than 50 feet at the front building line.

c.

There shall be a front yard setback having a depth of not less than 15 feet.

d.

There shall be a required side yard setback on each side of the principal structure of ten percent of the lot width or five feet, whichever is greater. Encroachment of structural appurtenances, i.e., eaves, balconies, bay windows, shall not exceed one foot. Corner lots shall have a side yard on the exterior or street side of not less than 15 feet.

e.

There shall be a rear yard setback having a depth of not less than 15 feet; except when the rear lot line is directly adjacent to common open-space property, the rear yard may be reduced to a minimum of seven feet.

f.

The principal building and all accessory buildings on a lot shall not occupy more than 40 percent of the total lot area.

(3)

The purpose of the single-family zero-lot-line housing type is to provide an additional choice in building arrangement on the lot. The arrangement eliminates one side yard thereby creating a more usable single-side yard on each lot. The units may be designed so that two units share a common structure wall which is contiguous with the interior lot line. The common structure wall shall be offset laterally so that each structure has an independent structure wall of at least 15 feet along the common property line. This should produce a staggered setback of each unit relative to the building line. An alternative is to design the plot plan so that each unit has a windowless wall sited along one lot line. In the latter case, the entire side yard separates the units. Due to small lots permitted in the zero-lot-line development, like the smaller lot single-family detached concept, each lot should to the extent possible be adjacent to the public open space system.

a.

The density shall be six dwelling units per gross acre maximum.

b.

The minimum lot area shall be 4,000 square feet, with a lot width of not less than 50 feet at the front building line.

c.

There shall be a front yard setback having a depth of not less than 15 feet.

d.

There shall be a minimum required side yard setback on one side of each lot of not less than 15 feet. Encroachment of structural appurtenances, i.e., eaves, balconies, bay windows, shall not exceed two feet. There shall be no extension of any part of a building beyond the zero lot line. Corner lots shall have a side yard on the exterior, or street side of not less than 15 feet.

e.

There shall be a rear yard setback having a depth of not less than 15 feet; except when the rear lot line is directly adjacent to common open space property, the rear yard may be reduced to a minimum of seven feet.

f.

The principal building and all accessory buildings on a lot shall not occupy more than 40 percent of the total lot area.

(Ord. No. 194, § 2, 4-20-1992)

The R-2 district provides areas for medium population density. The R-2 district is intended for those areas which contain multifamily dwellings, including duplex, triplex, fourplex, townhouses, garden apartments and the like, and vacant land areas where multifamily development appears desirable. Areas such as these are generally designated as MFA (multifamily attached) on the interim land use plan. In the R-2 district, building designs and siting should make maximum utilization of the public open space system and also the private open space within the parcel of land itself while still providing privacy for the occupants.

(a)

In the R-2 district, a minimum of seven to 15 percent of the gross area shall be designated as common usable open space. Open space shall be evaluated utilizing the following general guidelines:

(1)

The percentage of required common open space shall be determined by the planning commission according to the proposed lot sizes, the average slope of the subdivision, the areas involved in floodway or water or other specific factors which may be delineated at the time of approval.

(2)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(3)

In the required open space, 50 percent may be left in its natural state. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(b)

The required open space shall conform with the open space areas as designed in the parks plan.

(Ord. No. 301, § 1(A), 10-20-1997)

(a)

Purpose. In the R-2 district, development of attached dwelling units (nongroup quarters) at densities of ten or less dwelling units per gross acre except garden apartments may be developed at densities of 16 or less dwelling units per gross acre.

(b)

Uses permitted by right. Uses permitted by right are:

(1)

Duplex, triplex and fourplex dwellings.

(2)

Townhouse, garden apartments.

(3)

Maintenance facility, rental office and storage space for management and residents.

(c)

Accessory uses. Accessory and temporary uses permitted in the R-2 district shall be the same as those permitted in the R-1 district.

(d)

Conditional uses. The following uses may be permitted in the R-2 district subject to the approval of a conditional use permit and all required submissions and conditions. See section 94-91 for required submissions:

(1)

Churches and other religious institutions and their accessory buildings and uses.

(2)

Nursery school, day care center, elementary school.

(3)

Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office is located therein.

(4)

Single-family and smaller lot single-family detached housing (same bulk and area requirements as in R-1 district).

(5)

Single-family detached zero-lot-line housing (same bulk and area requirements as in R-1 district).

(6)

Wireless communication facilities in compliance with section 78-71.

(Ord. No. 332, § 2, 1-21-1999)

The maximum height in the R-2 district is three stories, not to exceed 40 feet.

Off-street parking is regulated in article IV of this chapter.

Yard space shall apply in the R-2 district. General criteria established in the R-1 district concerning measurement methodology, the projection of architectural features into yards, and roof overhangs shall apply in the R-2 district. Requirements are as follows:

(1)

The lot area for each dwelling unit shall be:

a.

Duplex, 3,500 square feet.

b.

Triplex, 3,000 square feet.

c.

Fourplex, 3,000 square feet.

d.

Townhouse, 2,400 square feet.

e.

Garden apartments, 1,600 square feet.

f.

Single-family and smaller lot single-family and zero-lot-line, same as in R-1 district.

(2)

a.

There shall be a front yard minimum setback of not less than 25 feet.

b.

When the development consists of townhouse or garden apartments, the required 25-foot front yard setback, measured from the property line, shall be landscaped with trees, grass and shrubs, pedestrian walks to the front of buildings, and maintained in a neat and attractive condition. No parking of vehicles shall be allowed within this front yard setback.

(3)

a.

Duplex, triplex and fourplex shall have a minimum side yard of eight feet for interior lots. Corner lots shall have a side yard on the exterior or street side of not less than 25 feet.

b.

Structures utilizing the townhouse or garden apartment design with dwelling units abutting one another without side yards between the individual dwelling units shall have exterior side yards of 25 feet between multiunit structures and, also, when the beginning or terminal end of a structure abuts a street.

c.

For townhouse apartments, there shall be no more than six dwelling units appended in one structure without an intervening side yard. Garden apartments may have eight units appended before an intervening side yard is required.

d.

The front yard setback distance of individual dwelling units within a multidwelling building of six or less units, shall be diversified (staggered) to assure visible variety in building and yard space relationship. Repetitious monotony of consistent dwelling unit setback should be avoided.

e.

Single-family and smaller lot single-family detached and zero-lot-line, same as in R-1 district.

(4)

In rear yards:

a.

Duplex, triplex, fourplex, 25 feet, excluding accessory buildings, which shall be a minimum of ten feet from the rear property line and no closer to a side lot line than the principal building line.

b.

Townhouse, garden apartments, minimum 25 feet.

c.

Single-family and smaller lot single-family detached and zero-lot-line as in R-1 district.

(5)

Maximum building coverage for each type of housing permitted shall be 35 percent.

The R-3 district provides area for the highest resident population in the city and may contain structures at a density of up to 35 dwelling units per gross acre. It is the intent of this subdivision that this district be located adjacent to village centers or the town center as indicated on the land use plan and in PCDs. The district, when established, shall be restricted to sites abutting collector or arterial streets.

(a)

In the R-3 district, a minimum of seven to 15 percent of the gross area shall be designated as common usable open space. Open space shall be evaluated utilizing the following general guidelines:

(1)

The percentage of required common open space shall be determined by the planning commission according to the proposed lot sizes, the average slope of the subdivision, the areas involved in floodway or water or other specific factors which may be delineated at the time of approval.

(2)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(3)

Of the required open space, 50 percent may be left in its natural state. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(b)

The required open space shall conform with the open space areas as designed in the parks plan.

(Ord. No. 301, § 1(A), 10-20-1997)

(a)

Site plan review. Pursuant to the procedure set forth in this section, when a proposal is made to develop multifamily dwellings in the R-3 district or to rezone property to the R-3 district, a site plan review shall be required. See article II of this chapter for the procedure and requirements of a site plan review.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Multifamily (midrise and high-rise) structures not to exceed 35 units per gross acre.

(2)

Special multifamily residential structures declared in the site plan review process to be a retirement center or housing for the elderly.

(c)

Accessory and temporary uses. Accessory and temporary uses allowed shall be:

(1)

Maintenance buildings, rental offices and storage space for management and residents.

(2)

Parking structures.

(3)

Recreational facilities.

(4)

Swimming pools.

(d)

Conditional uses. Conditional uses are as follows:

(1)

Same as the R-1 and R-2 districts;

(2)

Retail sales and consumer establishments incidental to and located on the ground floor, or top floor, of residential buildings, not to exceed 60 percent of the located floor area, limited to the following uses: drugstore, restaurant, newsstand, barbershop, beauty shop, valet, florist shop, health club, travel bureau, cigar, tobacco, candy store and the like and professional offices. No sign relating to such retail or office establishments shall be visible from outside the building; and

(3)

Wireless communication facilities in compliance with section 78-71.

(Ord. No. 332, § 2, 1-21-1999)

No building erected or structurally altered shall exceed a height at the minimum required setback line of 80 feet; however, one foot may be added to the height of the building for each additional foot the building is set back from the minimum required setback line. In no instance shall the maximum height of the building exceed 125 feet.

(a)

Density.

(1)

When 25 dwelling units or less per gross acre are developed, the maximum building coverage, not including parking, shall be 30 percent and there shall be a minimum of 50 percent green area.

(2)

When more than 25 dwelling units up to the maximum of 35 dwelling units per gross acre are proposed for development, the maximum building coverage, not including parking, shall be 15 percent; and there shall be a minimum of 55 percent green area.

(3)

Green space in regards to subsection (a)(1) and (2) of this section may be reduced in accordance with public open space dedication required in chapter 70.

(b)

Area regulations.

(1)

a.

The front, side and rear yard setback shall be not less than 25 feet.

b.

The required 25-foot front yard setback, measured from the property line, shall be landscaped with trees, grass and shrubs; provided with sidewalks and pedestrian walks to the front of the building, and maintained in a neat and attractive condition. No parking of vehicles shall be allowed within this front yard setback.

(2)

All detached buildings on the consolidated site shall be separated by a distance of not less than that required by the fire code.

(3)

The minimum site area for the R-3 district shall be one acre.

(c)

Living area. The minimum (heated and cooled) living space shall be:

(1)

Efficiency, 425 square feet;

(2)

One-bedroom, 600 square feet;

(3)

Two-bedroom, 800 square feet; and

(4)

Three-bedroom, 1,000 square feet.

(d)

Off-street parking. For off-street parking, see article IV, division 3 of this chapter. Off-street parking may be reduced for a retirement center or housing for the elderly.

(a)

The R-4 district provides for areas which may contain manufactured home subdivisions designed and/or intended for the sale of lots for siting manufactured homes. These homes are those that are manufactured or constructed under the authority of 42 USC 5401. These areas are subject to the same land development and site improvement standards as typical residential subdivisions.

(b)

This type of housing is excluded in the bill of assurance for the original planned community of the city. Therefore, it is the intent of this zoning district to provide appropriate locations for housing of this type in areas that are annexed to the city and not a part of the original incorporation.

(a)

In the R-4 district, a minimum of seven to 15 percent of the gross area shall be designated as common usable open space. Open space shall be evaluated utilizing the following general guidelines:

(1)

The percentage of required common open space shall be determined by the planning commission according to the proposed lot sizes, the average slope of the subdivision, the areas involved in floodway or water or other specific factors which may be delineated at the time of approval.

(2)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(3)

Of the required open space, 50 percent may be left in its natural state. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(b)

The required open space shall conform with the open space areas as designed in the parks plan.

(Ord. No. 301, § 1(A), 10-20-1997)

(a)

Site plan review. Pursuant to the procedure set forth in this section, when a proposal is made to develop manufactured dwellings in the R-4 district or to rezone property to the R-4 district, a site plan review shall be required. See section 94-91 of this chapter for the procedure and requirements of a site plan review.

(b)

Permitted uses. One manufactured home or site constructed dwelling unit per lot or parcel is allowed.

(c)

Accessory uses. The accessory structures and uses of land shall be those permitted in the R-1 single-family detached residential district.

(d)

Temporary uses. Temporary uses shall be those allowed in the R-1 single-family detached residential district.

(e)

Conditional uses. The following uses may be permitted in the R-4 district subject to the approval of a conditional use permit and all its required submissions and conditions. See section 94-91 for required submissions.

(1)

Churches and other religious institutions and their accessory buildings and uses.

(2)

Nursery school, day care center, elementary school.

(3)

Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office and no repair or storage facility are maintained.

(4)

Wireless communication facilities in compliance with section 78-71.

(Ord. No. 332, § 2, 1-21-1999)

(a)

The minimum site area for the development of a subdivision for R-4 manufactured home development shall be five acres.

(b)

The minimum lot area shall be 4,000 square feet. The minimum width shall be 50 feet at the front of the building line.

(a)

In the R-4 district, the roof must be pitched so there is at least a three-inch rise for each 12 inches of horizontal run.

(b)

The home must be attached to a foundation in accordance with plans prepared by a registered engineer or architect providing for vertical loads, uplift and lateral forces in compliance with the building code currently in effect in the city.

(c)

The unit must be at least 20 feet wide.

(d)

The home must be covered with an exterior material customarily used on dwellings in the city.

(e)

All transport features, including hitch, axles and wheels, must be removed.

(f)

The unit must be oriented on the lot so that its long axis is parallel with the street.

(g)

No building erected or structurally altered in the R-4 district shall exceed a height of 35 feet or be more than 2½ stories.

(a)

Density. The maximum density in the R-4 district is six dwelling units per gross acre.

(b)

Lot area. The minimum lot area is 4,000 square feet, with a lot width of not less than 50 feet at the front building line.

(c)

Front yard. There shall be a front yard setback having a depth of not less than 15 feet.

(d)

Side yard. There shall be a minimum required side yard setback on each side of the principal structure of not less than eight feet. Encroachment of structural appurtenance, i.e., eaves, balconies, bay windows, shall not exceed one foot. Corner lots shall have a side yard on the exterior, or street side of not less than 15 feet.

(e)

Rear yard. There shall be a rear yard setback having a depth of not less than 15 feet.

(f)

Lot coverage. The principal building and all accessory buildings on a lot shall not occupy more than 40 percent of the total lot area.

(g)

Parking. Parking regulations are found in article IV, division 3 of this chapter (one-family-dwelling).

(Ord. No. 178, § 1, 7-15-1991; Ord. No. 194, § 2, 4-20-1992)

(a)

The R-5 district provides for areas which may contain two or more manufactured homes on a parcel or land under single ownership. It is the intent of this section that this district be located so as to not adversely affect the established residential development patterns and densities of the city subdivisions designed and/or intended for the sale of lots for siting manufactured homes.

(b)

This type of housing is excluded in the bill of assurance for the original planned community of the city. Therefore, it is the intent of this zoning district to provide appropriate locations for housing of this type in areas that are annexed to the city and not a part of the original incorporation.

(a)

In the R-5 district, a minimum of seven to 15 percent of the gross area shall be designated as common usable open space. Open space shall be evaluated utilizing the following general guidelines:

(1)

The percentage of required common open space shall be determined by the planning commission according to the proposed lot sizes, the average slope of the subdivision, the areas involved in floodway or water or other specific factors which may be delineated at the time of approval.

(2)

At least 50 percent of the required common usable open space shall conform to the average overall slope within the development.

(3)

Of the required open space, 50 percent may be left in its natural state. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement.

(b)

The required open space shall conform with the open space areas as designed in the parks plan.

(Ord. No. 301, § 1(A), 10-20-1997)

(a)

Site plan review. Pursuant to the procedure set forth in this section, when a proposal is made to develop manufactured dwellings in the R-5 district or to rezone property to the R-5 district, a site plan review shall be required. See section 94-91 of this chapter for the procedure and requirements of a site plan review.

(b)

Permitted uses. Manufactured homes or mobile homes are permitted.

(c)

Accessory uses. The accessory structures and uses of land shall be those permitted in the R-1 single-family detached residential district.

(d)

Temporary uses. Temporary uses shall be those allowed in the R-1 single-family detached residential district.

(e)

Conditional uses. The following uses may be permitted in the R-5 district subject to the approval of a conditional use permit and all its required submissions and conditions. See section 94-91 for required submissions.

(1)

Single-family residential buildings.

(2)

Wireless communication facilities in compliance with section 78-71 et seq.

(3)

Churches and other religious institutions and their accessory buildings and uses.

(Ord. No. 332, § 2(F), 1-21-1999; Ord. No. 464, § 1, 5-5-2002)

(a)

The minimum site area for the development of an R-5 manufactured home park development shall be five acres.

(b)

The maximum density shall not exceed eight spaces per net acre.

(a)

All properties within the R-5 district shall be contiguous and shall be totally developed under a unified site plan approved by the planning commission.

(b)

When a manufactured home park either adjoins or is across the street from a residential zone, a compact evergreen screen and a permanent opaque fence of wood or masonry construction having a height of not less than six feet shall be erected and maintained between such area and the residentially zoned property.

(c)

Common recreational space shall be provided at the rate of 300 square feet per manufactured home. The minimum size of any recreation areas shall be 5,000 square feet. All of the required recreation area shall be used solely for recreational purposes.

(d)

A storage area shall be provided at a central location, at the rate of 50 square feet per manufactured home for the storage of boats, campers, etc.

(e)

No manufactured home space shall take access on a dedicated public street.

(a)

Density. The maximum density in the R-5 district shall be eight site units per gross acre.

(b)

Site area. The minimum site area shall be five acres.

(c)

Exterior setback. The minimum setback from any property line shall be 25 feet.

(d)

Interior setback. The minimum setback from any interior drive shall be 20 feet.

(e)

Parking. Parking regulations are found in article IV, division 3 of this chapter (one-family dwelling).

(Ord. No. 178, § 2, 7-15-1991)

The commercial districts established in this division are designed to promote and protect the health, safety, convenience, order, prosperity and other aspects of the general welfare. These goals include, among others, the following more specific purposes:

(1)

To provide sufficient space, at appropriate locations and in proximity to established residential areas, for local retail and service trades catering specifically to the recurring shopping needs of the occupants of nearby residences. Area for retail and service are indicated on the city's interim land use plan and by design do not intrude into the residential areas.

(2)

To provide sufficient and appropriate space, and in particular, sufficient area, to meet the city's anticipated future need for modern, planned commercial developments in neighborhood and community shopping centers. Areas for this purpose have been set aside, as indicated by the interim land use plan.

(3)

To provide sufficient space at appropriate locations for varying types of commercial and miscellaneous service activities that are consistent in their marketing functions. These areas can accommodate those commercial and service uses which either generate heavy traffic or depend upon heavy traffic for their marketing function, and which often require open storage of products for sale, which serve not only the local population but also the traveling public.

The C commercial districts shall be cited in this chapter and on the official zoning map of Maumelle, Arkansas as follows:

(1)

C-1 district, village center.

(2)

C-2 district, town center.

(3)

C-3 district, commercial service.

Unless otherwise specifically exempted in the appropriate district, the following restrictions shall apply to all commercial districts:

(1)

Any lighting shall be so placed so as to reflect away from adjacent residential districts. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparison shall be made at the boundary of the site.

(2)

All trash receptacles and pickup shall be oriented away from the street side of the property and adequately screened.

(3)

All signage shall be in conformance with the current sign regulations, chapter 58.

(4)

A landscaped area or fencing shall be provided along any side or rear property line which abuts property zoned for residential purposes. The landscaped area or fencing shall have planning commission approval as to location, height, material and construction.

Temporary roadside produce stands are allowed in commercial zones under the following provisions:

(1)

An individual or an organized group of vendors may apply to establish a roadside produce stand provided that each of the following requirements are met by the applicant.

(2)

Each vendor must submit a completed vendor application form, and agree to follow all the city produce stands rules and regulations.

(3)

The group or individual applicant vendor shall obtain a temporary business license from the city and the license shall be available for inspection at any time the vendor is operating or preparing to operate under the license.

(4)

Roadside produce stands may be located within a commercial zoning district subject to the following requirements; The applicant vendor must:

a.

Obtain written permission of the property owner, the police chief and the fire chief;

b.

Apply for and receive a conditional use permit;

c.

Show evidence and assurance that no traffic hazard will be created; and

d.

Show evidence and provide assurance of cleanup provisions and how they will be enforced.

(5)

No stand shall be erected or opened before sunrise. Each stand must be closed and completely removed from the premises by sunset of each day that the stand is permitted under this section. The applicant will not leave stands, trailers, campers, motor homes or other vehicle at the location overnight.

(6)

Each stand shall be at least 20 feet from the city public right-of-way.

(7)

Vendor stands should occupy no more than 15 percent of the total parking area of a commercial business and should not impede the required total parking spaces required for the business.

(8)

Stands must be configured in such a way as not to endanger pedestrians or hinder pedestrian traffic or vehicular traffic.

(9)

Vendors who fail to comply with this section, with their submitted cleanup provisions, or with any other law or ordinance, may have their conditional use permit terminated or suspended.

(10)

Freestanding produce price signs shall not be utilized. Directional signs may be used according to and in compliance with applicable sign regulations in the Maumelle City Code. Any signs placed in violation of these or other applicable provisions will be summarily removed.

(11)

Vendors may sell handicraft items. However, handicraft items may not make up more than 25 percent of the total items offered for sale by an applicant.

(12)

Resale of products is prohibited. No used or secondhand products may be sold.

(Ord. No. 640, § 2, 8-20-2007; Ord. No. 748, § 3, 7-6-2010)

(a)

An event center, as more fully described herein, shall be a conditional use in any commercial zone except a C-1 village center zone.

(b)

This provision to conditionally allow the use of a property as an event center is designed to promote the development of property to serve the community's need to host various temporary events. Therefore, the use of a property as an event center in a commercial zone may be allowed under the following conditions:

(1)

A conditional use permit is approved pursuant to the conditional use review process detailed in this chapter;

(2)

No property, building, or occupiable space that is approved for use as an event center pursuant to a conditional use permit may be used for any other purpose whether commercial or residential;

(3)

The use remains in strict compliance with any conditions set forth by the city council or planning commission in the review and approval of the conditional use permit;

(4)

The use is not found by the city to be a public nuisance for any reason including, but not limited to, because of criminal activity, excessive traffic, lack of traffic control, creation of traffic hazards, the emission of dust, noise, gas, smoke, odor, glare, vibration, or any other disturbance at any time during the use;

(5)

The use remains in compliance with applicable building and technical codes;

(6)

No outdoor public address systems may be allowed. No interior public address systems indoor may be used after 11:00 p.m. and cannot be over 100 decibels; and

(7)

No other use is approved or existing in the space for which a condition use permit for operation as an event center is proposed. Proof of abandonment of the previous/approved uses by affidavit of the owner and applicant will satisfy this requirement.

(c)

Violation of any of the foregoing provisions shall constitute grounds for revocation of any conditional use permit for an event center. Officers or officials responsible for enforcement of this chapter shall be authorized to order temporary suspension of the conditional use permit pending a decision by the Maumelle City Council on the revocation of the conditional use permit. A decision on such revocation shall be made by the Maumelle City Council at a public meeting, following a consideration of the allegations of any violations and shall offer an opportunity to the permit holder to defend the permit.

(Ord. No. 724, § 2, 12-7-2009; Ord. No. 784, § 2, 8-1-2011)

Upon an approval of a conditional use permit for an event center, the following uses are permissible in the facility approved for use as an event center. These uses are intended to be temporary uses within the event center. A conditional use permit granted for the operation of an event center shall not be construed as authority to operate any of the following uses on an on-going or permanent basis. No other conditional use permits shall be issued for any property operating under a conditional use permit as an event center. Prior to issuance of a conditional use permit for an event center, any other uses, including any approved or existing uses, must be abandoned for the property proposed for use as the event center.

Art shows;

Auctions;

Bake sales;

Banquets;

Birthday, anniversary or retirement parties;

Business conventions or seminars;

Business exhibits or tradeshows;

Concerts;

Conferences;

Craft fairs;

Day camps;

Educational activities;

Family reunions;

Food service;

Health fairs;

Job fairs;

Luncheons;

Meetings;

Meetings of service clubs or lodges;

Multifamily consignment sales;

Multifamily garage sales;

Nonprofit organization fundraisers;

Performing arts;

Seasonal sales;

Special church/religious services or events;

Sporting events;

Weddings and receptions.

(Ord. No. 724, § 2, 12-7-2009; Ord. No. 784, § 2, 8-1-2011)

(a)

The following stand alone uses shall be a conditional use in any commercial zone:

(1)

Stand alone automated teller machines (which operate remotely from the controlling financial institution). This does not include ATMs which are classified as an accessory use within the footprint of the controlling financial institution or ATMs that are maintained on the interior of any business.

(2)

Convenience kiosks.

(3)

Ice vending machines.

(b)

This provision to conditionally allow the placement of a stand alone use specifically identified above, is designed to promote the development of property to serve the community's need for access to convenient services. However, in review of any conditional use permit for a stand alone use, special consideration shall be made for traffic safety, potential altering of parking and or landscaping requirements for adjacent or related uses.

(c)

The circulation system for a stand alone use shall be reviewed on a case-by-case basis with special consideration for those proposed uses and any impact such circulation may have on nearby residential use districts.

(d)

Review of a stand alone use shall require a site plan that includes all necessary vehicle drives, parking spaces, and drive-through stacking distances.

(e)

Commercial building design requirements shall apply to any stand alone use unless good cause is shown for a variance of the same.

(Ord. No. 767, § 2, 3-7-2011)

(a)

The C-1 district is designed to serve the retail needs of the surrounding residential neighborhood. These minor urban concentrations will provide the basic facilities and services most frequently and regularly utilized and required for home life. Individual districts may include retail shops, consumer services, and professional offices.

(b)

The C-1 district shall generally be located at arterial and collector street intersections and within walking distance of residential areas. The design plan of uses in the C-1 district should emphasize landscape screening from adjacent residential areas, and the display of retail goods shall be prohibited outside of buildings.

(c)

Any use which is found by the city to be a public nuisance by reason of the emission of dust, fumes, gas, smoke, odor, glare, noise, vibration or other disturbance is expressly prohibited.

(Ord. No. 779, § 1, 7-5-2011)

(a)

In the C-1 district, all business establishments shall only deal directly with the customer. All goods produced on the premises shall be sold exclusively on the premises.

(b)

All permitted uses and all accessory storage, except sale of horticulture nursery products, off-street parking and off-street loading, shall be conducted within completely enclosed buildings.

(c)

Parking, loading and service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(d)

No single establishment shall have more than 7,500 square feet of gross leasable floor area.

(a)

Permitted uses. The following uses are permitted in the C-1 district:

Antique shops.

Bakery or confectioner (provided that goods baked on the premises shall be offered for sale only on the premises and at retail).

Bank or trust company, savings and loan.

Barbershop.

Beauty shop.

Book, newspaper and magazine store.

Business office.

Cultivation facility.

Dairy products store.

Delicatessen.

Dispensary.

Drugstore.

Dry cleaning/laundry drop-off service shop.

Electronics, computers, videotape shops.

Florists.

Fruit store.

Furniture store.

Gift shop.

Grocery store.

Hardware store.

Horticultural nursery products store.

Household appliance store.

Indoor amusement and recreation establishment.

Jewelry store.

Laundromat.

Laundry and cleaning pickup station.

Market, produce.

Medical and dental clinics.

Offices for professional services.

Photographic supply store.

Restaurant, cafe or tearoom.

Shoe repair shop.

Tailor, pressing, laundry and cleaning shop (including valet services with not more than three pressing machines, and one dry cleaning unit).

Taxicab stand.

Telegraph or messenger service.

Upholstery shop.

Variety and dry goods store.

Vegetable store.

Wearing apparel store.

Wireless communication facilities in compliance with chapter 78.

(b)

Conditional uses. Conditional uses are as follows:

Adult day care centers.

Automobile filling station.

Car washes.

Churches.

Convenience stores.

Day care centers.

Drive-in restaurants.

Elementary and secondary educational facilities.

Health educational facilities.

Public utility buildings and structures.

(Ord. No. 147, § 1, 5-7-1990; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 332, § 2(G), 1-21-1999; Ord. No. 383, § 1, 11-6-2000; Ord. No. 744, § 2, 5-17-2010; Ord. No. 779, § 2, 7-5-2011; Ord. No. 800, § 2, 6-4-2012; Ord. No. 833, § 1, 1-6-2014; Ord. No. 849, § 2, 5-19-2014; Ord. No. 938, § 2, 7-11-2017; Ord. No. 973, § 2, 5-6-2019)

(a)

Height regulations. In the C-1 district, no building erected or structurally altered shall exceed a height of 35 feet or be more than 2½ stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setback shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 25 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot abutting a street and providing a 25-foot exterior side yard (when the lot does not abut residential area), the rear yard may be reduced to not less than eight feet.

(4)

Lot area regulations. The site area for the zoning of the C-1 district shall be not less than one acre. When a request for zoning to C-1 is appended to an existing C-1 district, the proposed new zone may be less than one acre provided the aggregate of the new zone and the existing zone is one or more acres. When the lots in a C-1 zone are under separate ownership and are designed to accommodate separated single buildings, there shall be a lot area of not less than 7,000 square feet. In addition, there shall be a lot width of not less than 70 feet at the building line and a lot depth of not less than 100 feet. The planning commission may consider an exception when the building or the separately owned land is part of and is consistent with the overall design of the adjacent commercial properties.

(5)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. Where a C-1 district abuts a residential district, whether in a shopping center or freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material and construction in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet the requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter.

(Ord. No. 872, § 1, 4-20-2015)

The C-2 district, town center, is the central focus of the greatest concentration of commercial and office activity. Nearby are the sites for educational and health facilities. City government offices, fire, police and other emergency services and the central library may well be located in or adjacent to the C-2 district, town center. These public functions in combination with the major retail shopping, consumer services offices and multifamily residential development will create the greatest concentration of people and vehicles within the city.

(a)

In the C-2 district, all commercial uses shall be restricted to closed buildings, except parking lots, plant nurseries, promotional events and the normal pump island services of auto service station operations. In addition, outdoor display of merchandise may be allowed by request in an area equal to half the facade area of the front of the building which contains the requesting business. Certain seasonal or special event sales may be allowed by permit when the owner has a valid privilege license.

(b)

Parking, loading and service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(a)

Permitted uses. Uses permitted in the C-2 district are as follows:

(1)

Retail sales, service and office uses permitted in the C-1 district and the conditional uses.

(2)

Additional commercial uses:

Automobile service center.

Department store.

Furniture store.

General office buildings.

Hotels.

Household appliance store.

Museums, gallery, libraries.

Radio and TV broadcasting studio.

Restaurants, restaurants with dancing and live entertainment.

Shoe repair shop.

Tailor, pressing, laundry and cleaning shop.

Theater, cinema, stage productions.

Wireless communication facilities in compliance with chapter 78.

(b)

Conditional uses. Conditional uses in the C-2 district are as follows:

(1)

The following non-institutional uses:

Multifamily residential uses as permitted in the R-3 district and subject to the bulk and area regulations of that district.

Adult day care centers.

Day care center.

Liquor stores.

Nursing home or convalescent home.

Outdoor amusement and recreation establishments.

Pet shop.

(2)

Institutional uses delineated as institutional category on the land use plan, and which areas are intended for establishment of public and quasi-public uses complementary to the C-2 district, town center. These uses may include, but are not limited to, the following uses and those of similar character:

Churches.

Educational facilities.

Fire stations.

Government offices.

Health facilities.

Libraries.

Museums.

Police stations.

(Ord. No. 147, § 2, 5-7-1990; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 563, § 1, 6-5-2005; Ord. No. 744, § 3, 5-17-2010; Ord. No. 802, § 2, 7-2-2012; Ord. No. 832, § 1, 1-6-2014; Ord. No. 1046, § 1, 10-18-2021; Ord. No. 1118, § 2, 5-20-2024)

(a)

Height regulation. No building erected or structurally altered in the C-2 district shall exceed a height as limited by the fire chief.

(b)

Area regulation.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setbacks shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 15 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than 15 feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. When a C-2 district abuts a residential district, whether in a shopping center or a freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet the requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete subbase hot mix with a six-inch compacted base; or four-inch concrete slab, compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking space.

(e)

Signs. All signage shall be in conformance with city sign regulations, chapter 58.

(Ord. No. 872, § 2, 4-20-2015)

Commercial service centers are the intended locations for retail sales, service and storage establishments serving the city population and the firms within the industrial park and town center. These essential activities, which may involve some disturbance to adjacent uses if in closer proximity to residential areas, are to be located east of Maumelle Boulevard at selected locations. No residential uses are intended for location in the C-3 district except only as living quarters for caretakers, and/or watchmen and their families.

(a)

The open storage of retail and wholesale goods in conjunction with business establishments is permitted in the C-3 district.

(b)

Parking, loading or service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(a)

Permitted uses. Permitted uses in the C-3 district are as follows:

(1)

All retail sales and service uses permitted in the C-1 district, Village Center.

(2)

The following additional commercial uses:

Animal boarding place or veterinarian's clinic.

Automotive uses:

 Auto, truck and trailer rental lot.

 Car washes.

 New and used sales and service.

 Parking and storage garages and lots.

 Parts and supply stores.

 Repair garages and body shops.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Upholstering shop.

Vocational and trade schools.

Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

(b)

Conditional uses. Conditional uses are as follows:

(1)

The following commercial uses shall be conditional uses regardless of whether they are located on property which shares a common property line with property zoned residential:

Adult day care center.

Cemeteries.

Churches.

Day care center.

Educational facilities (other than vocational and/or trade schools).

Health facilities.

Office buildings.

Outdoor amusement and recreation establishments.

(2)

The following commercial uses shall be conditional uses when located on property which shares a common property line with property zoned residential:

Animal boarding place or veterinarian's clinic.

Automotive uses:

 Auto, truck and trailer rental lot.

 Car washes.

 Parking and storage garages and lots.

 Parts and supply stores.

 Repair garages and body shops.

 New and used sales and service.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Upholstering shop.

Vocational and trade schools.

Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

(Ord. No. 147, § 3, 5-7-1991; Ord. No. 243, § 1, 12-5-1994; Ord. No. 301, § 1(C), 10-20-1997; Ord. No. 332, § 2(I), 1-21-1999; Ord. No. 395, § 1, 7-2-2001; Ord. No. 744, § 4, 5-17-2010; Ord. No. 849, § 3, 5-19-2014; Ord. No. 1118, § 3, 5-20-2024)

(a)

Height regulation. No building which is not an office building erected or structurally altered in the C-3 district shall exceed a height of 35 feet or be more than 2½ stories. Office buildings shall not exceed a height of four stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 25 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. Side yard setback shall not be required; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 25 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet, except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), however, when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than eight feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements. When a C-3 district abuts a residential district, whether in a shopping center or a freestanding strip development arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and in accordance with chapter 90.

(d)

Parking requirements. Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking spaces.

(e)

Signs. All signage shall be in conformance with the city's sign regulations, chapter 58.

(Ord. No. 872, § 3, 4-20-2015)

(a)

The characteristics of the C-4 highway commercial district are that the district is an area for retail establishments which cater to the traveling public. Lot sizes, highway ingress and egress, setback requirements, and the design of the individual sites are intended to provide for motorists' needs, yet maintain adequate, safe, attractive facilities with minimal marginal traffic interference. No residential uses are intended for location in the C-4 district except only as living quarters for caretakers, and/or watchmen and their families.

(b)

This zoning is intended to reference highway travel along Interstate Highway 40 and State Highway 365.

(Ord. No. 182, § 2A(5.5), 10-7-1991)

(a)

In the C-4 district, the open storage of retail and wholesale goods in conjunction with business establishments is permitted subject to section 94-394.

(b)

Parking, loading or service areas shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress.

(Ord. No. 182, § 2A(5.5.1), 10-7-1991)

(a)

Permitted uses. Uses permitted in the C-4 district are as follows:

(1)

All retail sales and service uses permitted in the C-1 district, village center, and C-3 district, commercial service.

(2)

Additional commercial uses are as follows:

Automobile filling stations.

Automobile service center.

Department store.

Furniture store.

General office buildings.

Government facilities.

Hotel.

Liquor stores.

Radio and TV broadcasting studio.

Restaurant.

Retail stores that cater primarily to the nonresident traveling public.

Theater, cinema, stage productions.

Truck stops.

(b)

Conditional uses. Conditional uses are as follows:

Cemeteries.

Churches.

Education facilities.

Office buildings.

Outdoor amusement and recreation establishments.

(Ord. No. 182, § 2A(5.5.2), 10-7-1991; Ord. No. 1118, § 4, 5-20-2024)

(a)

Height regulation. No building in the C-4 district which is not an office building or hotel, erected or structurally altered shall exceed a height of 35 feet or be more than 2½ stories. Office buildings shall not exceed a height of four stories and hotels ten stories.

(b)

Area regulations.

(1)

Front yard. There shall be a front yard having a setback of not less than 35 feet from the front property line to the front line of the building. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(2)

Side yard. There shall be a side yard having a setback of not less than 25 feet; except where side yards abut a street or a residential lot line, the side yard setback shall be no less than 35 feet. Structural appurtenances that are wholly supported by attachment to the primary structure, i.e., eaves, balconies, awnings, etc., may encroach over the setback by no more than three feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet; except when abutting a residential area, the rear yard shall not be less than 25 feet. In the case of a corner lot (abutting a street), however, when providing a 25-foot exterior side yard, the rear yard may be reduced to not less than eight feet.

(4)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be 35 percent of the total area of the site.

(c)

Screening requirements.

(1)

When a C-4 district abuts a residential district, whether in a shopping center or a freestanding strip development, or single building arrangement, a landscape screen shall be required. These screens or fences shall have planning commission approval as to location, height, material, construction and be in accordance with chapter 90.

(2)

All products offered for sale will be inside a completely closed building or behind a permanent ornamental wall, fencing or planting such that it cannot be seen by a person standing on ground level; however, no screening shall be required to be in excess of six feet in height.

(d)

Parking requirements.

(1)

Any area subject to wheeled traffic and devoted to parking, driveways and off-street maneuvering space developed to meet requirements of this district shall be paved. The minimum pavement requirements shall be as follows: 1½-inch asphaltic concrete hot mix with a six-inch compacted base, or a four-inch concrete slab, subbase compacted to 95 percent density and shall have appropriate bumper guards where needed. See article IV, division 3 of this chapter for required parking spaces.

(2)

All driveways and parking lots shall be ample for the land use; they will be designed to keep marginal highway traffic interference to a minimum.

(e)

Signs. All signage shall be in conformance with the city's sign regulations, chapter 58.

(Ord. No. 182, § 2A(5.5.3), 10-7-1991; Ord. No. 872, § 3, 4-20-2015)