(A)

Purpose. The R-1 Residential District is a low density residential area characterized by the zoning requirements set forth in this section.

(B)

Unzoned property. All property not included in a zoning district or for any reason removed from an established zoning classification, shall be deemed included in the R-1 Residential District although not so delineated on the Official Zoning District Map.

(C)

Uses.

(1)

Permitted uses.

(a)

Single-family detached dwellings;

(b)

Public parks;

(c)

Utilities:

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points;

(d)

Accessory uses, subject to the requirements of section 153.69;

(e)

Home occupations, subject to the requirements of section 153.76; and

(f)

Facilities owned and maintained by the city.

(2)

Specific uses. Educational, institutional and special uses:

(a)

Churches;

(b)

Schools; and

(c)

Kindergarten, nursery and/or day care centers.

(D)

Standard regulations.

(1)

Residential structures.

(a)

Size and area.

1.

Minimum lot area: 6,000 square feet.

2.

Minimum lot width: 60 feet.

3.

Minimum lot depth: 100 feet.

4.

Maximum building height: Two and one-half stories, except that roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the residence is located.

5.

Minimum floor area per dwelling unit: 1,500 square feet.

6.

Minimum required yards:

a.

Front yard: 18 feet;

b.

Side yard: Five feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed.

i.

On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet.

ii.

For any detached accessory structure, there shall be a side yard of not less than two feet from any interior side lot line when the detached accessory structure is located in the rear of the lot (which is to the rear of a line connecting the midpoints of the two opposite side lot lines). When any part of a detached accessory structure is located in front of the line connecting the two midpoints of the two opposite side lot lines, then the same side yard as specified for the main building is required.

c.

Rear yard:

i.

For the main residential structure, 15 feet from the rear property line; and

ii.

For any permanent accessory structure, two feet from any easement or five feet where there is no easement.

7.

Maximum lot coverage: 60 percent of lot area.

(b)

Parking. Not less than two on-site spaces per dwelling unit, subject to the requirements of section 153.73.

(2)

Nonresidential structures.

(a)

Churches.

1.

Size and area.

a.

Minimum lot area: 12,500 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum lot depth: 125 feet.

d.

Maximum building height: Two and one-half stories, except that:

i.

Church steeples, domes, spires and bell towers may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building; and

ii.

Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the church is located.

e.

Minimum floor area: 1,500 square feet.

f.

Minimum required yards:

i.

Front yard: 50 feet;

ii.

Side yard: Eight feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 70 percent of lot area.

2.

Parking. One on-site space for every three individual seats provided in the main sanctuary. Whenever pews are provided in lieu of individual seats, 24 inches shall be the equivalent of one seat.

(b)

Schools.

1.

Size and area.

a.

Minimum lot area: 12,500 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum lot depth: 125 feet.

d.

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the school is located.

e.

Minimum floor area: 1,500 square feet.

f.

Minimum required yards:

i.

Front yard: 50 feet;

ii.

Side yard: Eight feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 70 percent of lot area.

2.

Parking. One on-site space for each classroom plus one on-site space for each four seats in any auditorium, gymnasium or other place of assembly.

(Prior Code, § 24-531; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 2015-14, 8-25-2015)

(A)

Purpose. The R-2 Residential District is a lower medium density residential area characterized by the zoning requirements set forth in this section.

(B)

Uses.

(1)

Permitted uses.

(a)

Single-family detached dwellings;

(b)

Public parks;

(c)

Utilities;

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points;

(d)

Accessory uses, subject to the requirements of section 153.69;

(e)

Home occupations, subject to the requirements of section 153.76; and

(f)

Facilities owned and maintained by the city.

(2)

Specific uses. Educational, institutional and special uses:

(a)

Churches;

(b)

Schools; and

(c)

Kindergarten, nursery and/or day care centers.

(C)

Standard regulations.

(1)

Residential structures.

(a)

Size and area.

1.

Minimum lot area: 5,000 square feet.

2.

Minimum lot width: 50 feet.

3.

Minimum lot depth: 100 feet.

4.

Maximum building height: Two and one-half stories, except that roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the residence is located.

5.

Minimum floor area per dwelling unit: 1,500 square feet.

6.

Minimum required yards:

a.

Front yard: 15 feet;

b.

Side yard:

i.

Each residential structure shall be designed and constructed in such a manner as to incorporate a privacy wall of masonry or wood, without windows, doors or openings, the exterior surface of which shall be located upon a side lot line. The residential structure on the adjoining lot shall be set back a distance of eight feet from the side lot line upon which the privacy wall of the adjacent dwelling is located;

ii.

On corner lots, the residential structure shall be set back a distance of 20 feet from the side lot line which abuts the dedicated public right-of-way;

iii.

For any detached accessory structure, there shall be a side yard of not less than three feet from any interior side lot line when the detached accessory structure is located in the rear of the lot (which is to the rear of a line connecting the midpoints of the two opposite side lot lines). When any part of a detached accessory structure is located in front of the line connecting the two midpoints of the two opposite side lot lines, then the same side yard as specified for the main building is required; and

iv.

On corner lots where the garage is attached to the residential structure, the minimum setback shall be a distance of 15 feet from the side lot line which abuts the dedicated public right-of-way.

c.

Rear yard:

i.

For the main residential structure, eight feet from the rear property line, providing that no main residential structure shall be located within an existing easement; and

ii.

For any accessory structure, five feet from the rear property line, provided that no accessory structure shall be located within an existing easement.

7.

Maximum lot coverage: 70 percent of lot area.

(b)

Parking. Two on-site spaces per dwelling unit, subject to the requirements of section 153.73.

(2)

Nonresidential structures.

(a)

Churches.

1.

Size and area.

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum lot depth: 100 feet.

d.

Maximum building height: Two and one-half stories, except that:

i.

Church steeples, domes, spires and bell towers may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building; and

ii.

Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the church is located.

e.

Minimum floor area: 1,500 square feet.

f.

Minimum required yards:

i.

Front yard: 30 feet;

ii.

Side yard: Six feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 70 percent of lot area.

2.

Parking. One on-site space for every three individual seats provided in the main sanctuary. Whenever pews are provided in lieu of individual seats, 24 inches shall be the equivalent of one seat.

(b)

Schools.

1.

Size and area.

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum lot depth: 100 feet.

d.

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the school is located.

e.

Minimum floor area: 1,500 square feet.

f.

Minimum required yards:

i.

Front yard: 30 feet;

ii.

Side yard: Six feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 70 percent of lot area.

2.

Parking. One on-site space for each classroom plus one on-site space for each four seats in any auditorium, gymnasium or other place of assembly.

(Prior Code, § 24-532; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 86-023, §§ 1, 2, 6-17-1986; Ord. 87-018, § 3, 7-28-1987; Ord. 94-02, § 2, 1-25-1994; Ord. 2015-14, 8-25-2015)

(A)

Purpose. The R-3 Residential District is a medium density residential area characterized by the zoning requirements set forth in this section.

(B)

Uses.

(1)

Permitted uses.

(a)

Single-family detached dwellings;

(b)

Public parks;

(c)

Utilities;

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points;

(d)

Accessory uses, subject to the requirements of section 153.69;

(e)

Home occupations, subject to the requirements of section 153.76; and

(f)

Facilities owned and maintained by the city.

(2)

Specific uses. Educational, institutional and special uses:

(a)

Churches;

(b)

Schools; and

(c)

Kindergarten, nursery and/or day care centers.

(C)

Standard regulations.

(1)

Residential structures.

(a)

Size and area.

1.

Project area: A townhouse development in an R-3 Residential District shall have a minimum of three single-family dwelling units on a site of at least 7,200 square feet, and the minimum site area per dwelling unit shall be 1,200 square feet.

2.

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the residence is located.

3.

Minimum floor area per dwelling unit: 1,400 square feet.

4.

Building lines:

a.

i.

The front building line facing an existing public street shall be set back from the public street right-of-way a minimum distance of 25 feet. The front building line shall be set back a minimum of 15 feet from any new street right-of-way dedicated as a part of the townhouse development.

ii.

In the event that the front building line faces a court, as that term is defined herein, there shall be a minimum separation between front building lines of 40 feet with at least ten feet of yard space from the front of the building to the property line and 20 feet for a public utility easement, for pedestrian access as well as utilities between the property lines.

b.

i.

No building line of any structure within the townhouse development shall be located any closer than six feet from the side lot line of any residential lot adjacent to the townhouse development nor shall any such building line be located any closer than 15 feet from the side lot line of any commercial lot adjacent to the townhouse development. In the event that any portion of the townhouse development site includes a corner lot, no such building line shall be located any closer than ten feet from the right-of-way of the adjacent side street.

ii.

Within the interior of the townhouse development, zero lot lines are permitted for adjacent residential units; but in the event that the main residential units are separated, a minimum of eight feet must be maintained between units.

c.

No building line of any structure within the townhouse development shall be located any closer than ten feet from the rear lot line of any adjacent residential lot.

d.

No contiguous building lines of structures having zero lot lines shall exceed 200 linear feet.

5.

Maximum site coverage: 75 percent of site area.

(b)

Parking. Two on-site spaces per dwelling unit, subject to the requirements of section 153.73.

(c)

Screening. Screening shall be required between the townhouse development and abutting property according to the specifications set forth in section 153.72.

(2)

Nonresidential structures.

(a)

Churches.

1.

Size and area.

a.

Minimum lot area: 7,200 square feet.

b.

Minimum lot width: 60 feet.

c.

Minimum lot depth: 120 feet.

d.

Maximum building height: Two and one-half stories, except that:

i.

Church steeples, domes, spires and bell towers may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building; and

ii.

Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the church is located.

e.

Minimum floor area: 900 square feet.

f.

Minimum required yards:

i.

Front yard: 25 feet;

ii.

Side yard: Five feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 75 percent of lot area.

2.

Parking. One on-site space for every three individual seats provided in the main sanctuary. Whenever pews are provided in lieu of individual seats, 24 inches shall be the equivalent of one seat.

(b)

Schools.

1.

Size and area.

a.

Minimum lot area: 7,200 square feet.

b.

Minimum lot width: 60 feet.

c.

Minimum lot depth: 120 feet.

d.

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the school is located.

e.

Minimum floor area: 900 square feet.

f.

Minimum required yards:

i.

Front yard: 25 feet;

ii.

Side yard: Five feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

iii.

Rear yard:

A.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

B.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

g.

Maximum lot coverage: 75 percent of lot area.

2.

Parking. One on-site space for each classroom plus one on-site space for each four seats in any auditorium, gymnasium or other place of assembly.

(Prior Code, § 24-533; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 2015-14, 8-25-2015)

(A)

Purpose. The C-M Commercial-Residential Mixed Use District is an area of transition between residential and commercial districts and is appropriate for medium density residential use, low intensity commercial use, or a mixture of the two, located on the southwest side of the city along West Airport Boulevard, characterized by the zoning requirements set forth in this section.

(B)

Uses.

(1)

Permitted uses.

(a)

Public parks;

(b)

Utilities:

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points.

(c)

Accessory uses, subject to the requirements of section 153.69:

(d)

Home occupations, subject to the requirements of section 153.76;

(e)

Facilities owned and maintained by the city;

(f)

Planned development: residential;

(g)

Planned development: commercial; and

(h)

Planned development: commercial-residential mixed use.

(2)

Specific uses.

(a)

Recreational and entertainment uses:

1.

Amusement, commercial indoor;

2.

Art gallery or museum;

3.

Athletic, swimming or tennis club and/or facilities;

4.

Private club; and

5.

Theater, indoor.

(b)

Educational, institutional and special uses:

1.

Hospital, acute care;

2.

Kindergarten, nursery and/or day care center;

3.

School, business or trade;

4.

Personal care facilities; and

5.

Churches.

(c)

Facilities for drive-in banking; and

(d)

Transportation, automobile and related uses:

1.

Auto or motorcycle sales;

2.

Auto parts sales; and

3.

Automobile service stations.

(3)

Additional use requirements. It shall be unlawful for any person to make use of any property located within the C-M Commercial-Residential Mixed Use District except in accordance with the uses permitted in this district, with the performance standards set forth in sections 153.60 through 153.78 and with the additional regulations listed below.

(a)

Trash and laundry. No collection, storage for refuse, debris or garbage generated by any use shall be allowed in this district when the storage is visible from publicly owned streets. No hanging of laundry, cleaning rags, mops or similar items shall be allowed within view of publicly owned streets. Screening structures erected to obscure the items from view from publicly owned streets shall meet applicable city specifications for materials and construction as set forth in section 153.72.

(b)

Sidewalk sales. The open display of merchandise shall only be permitted wherein a permit shall have been previously issued by the city secretary, for a period not exceeding three successive days and not exceeding four times per calendar year.

(C)

Standard regulations - nonresidential structures.

(1)

Churches.

(a)

Size and area.

1.

Minimum lot area: 12,500 square feet.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 125 feet.

4.

Maximum building height: Two and one-half stories, except that:

a.

Church steeples, domes, spires and bell towers may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building; and

b.

Cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the church is located.

5.

Minimum floor area: 1,500 square feet.

6.

Minimum required yards:

a.

Front yard: 50 feet;

b.

Side yard: Eight feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

c.

Rear yard:

i.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

ii.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

7.

Maximum lot coverage: 70 percent of lot area.

(b)

Parking. One on-site space for every three individual seats provided in the main sanctuary. Whenever pews are provided in lieu of individual seats, 24 inches shall be the equivalent of one seat.

(2)

Schools.

(a)

Size and area.

1.

Minimum lot area: 12,500 square feet.

2.

Minimum lot width: 100 feet.

3.

Minimum lot depth: 125 feet.

4.

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the school is located.

5.

Minimum floor area: 1,500 square feet.

6.

Minimum required yards:

a.

Front yard: 50 feet;

b.

Side yard: Eight feet, provided that on a corner lot, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission, containing a side yard of ten feet or more, the building line provisions on the plat shall be observed. On lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet; and

c.

Rear yard:

i.

For the main structure, ten feet from any alley or easement, with not more than 50 percent lot coverage on the back half of the lot; and

ii.

For any accessory structure, three feet from any alley or easement or five feet where there is no alley or easement.

7.

Maximum lot coverage: 70 percent of lot area.

(b)

Parking. One on-site space for each classroom plus one on-site space for each four seats in any auditorium, gymnasium or other place of assembly.

(D)

Planned Development; Residential. Residential planned developments may be proposed for lands within the C-M Commercial-Residential Mixed Use District, provided that proposed projects will not isolate or surround any parcel of land abutting the same, in order to encourage development of projects of high quality which act as buffers for adjacent residential areas. These planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations.

(1)

Size and area.

(a)

Project area: The minimum project area shall be two acres with a gross density not to exceed ten dwelling units per acre, which is equivalent to an average minimum lot size of 4,300 square feet.

(b)

Maximum building height: Two and one-half stories, except that cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building. Television and/or radio antennas of any kind shall be placed within or upon the structure or property in accordance with any deed restrictions which may be in force and effect for the residential subdivision in which the residence is located.

(c)

Minimum floor area per dwelling unit: 1,250 square feet.

(d)

Maximum floor area to site area: 150 percent of site area.

(e)

Building lines:

1.

a.

The front building line facing an existing public street other than West Airport Boulevard shall be set back from the public street right-of-way a minimum distance of 25 feet. The front building line shall be set back a minimum of ten feet from any new street right-of-way dedicated as part of the planned development district, except that in no case shall required parking obstruct pedestrian flow on the required sidewalk.

b.

In the event that the front building line faces a court, as that term is defined herein, there shall be a minimum separation between front building lines of 40 feet with at least ten feet of yard space from the front of the building to the property line and 20 feet for a public utility easement, for pedestrian access as well as utilities between the property lines.

2.

a.

No building line of any structure within the planned development district shall be located any closer than eight feet from the side lot line of any residential lot adjacent to the planned development district. In the event that any portion of the planned development site includes a corner lot, no such building line shall be located any closer than ten feet from the right-of-way of the adjacent side street, designated as such on the approved plat of the planned development, except where the adjacent side street is West Airport Boulevard.

b.

Within the interior of the planned development district, zero lot lines are permitted for adjacent residential units; but in the event that the main residential units are separated, a minimum of six feet must be maintained between units.

3.

No building line of any main residential structure shall be located within a distance of 75 feet of West Airport Boulevard. A berm and/or plantings shall be located within this strip and shall not, at the time of occupancy of the site, be less than five feet in width and six feet in height. The individual trees and shrubs shall be planted and maintained by the owner or occupant so as to provide a dense screen year-round. At least 50 percent of the plantings shall consist of evergreens. A solid wall or fence, not to exceed eight feet in height, complemented by suitable plantings, may be substituted for the landscaped screening, if specifically authorized as a condition of the approval of the planned development. The strip may be part of the yard or common area of residential uses within a planned development or have required parking and/or recreational amenities located within it.

4.

No building line of any structure within the planned development district shall be located any closer than ten feet from the rear lot line of any adjacent residential lot.

5.

No contiguous building lines of structures having zero lot lines shall exceed 200 linear feet.

(f)

Maximum site coverage: 75 percent of site area.

(2)

Parking and driveways. Each home within the planned development district shall have at a minimum a two-car garage; driveways shall be of such design as to accommodate two vehicles per unit totally on site. Within the planned development district, two garages of neighboring dwelling units may share a common wall on a common lot line so long as the required six-foot minimum distance is maintained between separated main residential structures.

(3)

Screening and landscaping. Generally, screening and landscaping shall be required for the planned development district according to the specifications set forth in section 153.72.

(4)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(E)

Planned development: Commercial. Commercial planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations.

(1)

Size and area.

(a)

Site area.

1.

Retail center: The minimum site area shall be three acres; and

2.

Other commercial: The minimum site area shall be one acre.

(b)

Maximum building height.

1.

Retail center: Two and one-half stories, except that cooling towers, roof gables, chimneys, vent stacks and similar extensions may extend for an additional height, the total not to exceed 40 feet above the average level of the base of the foundation of the building, provided that the height of the main structure shall not exceed that height prescribed by Appendix B to this chapter; and

2.

Other commercial: Three stories, except that cooling towers, roof gables, chimneys, vent stacks and similar extensions may extend for an additional height, the total not to exceed 54 feet above the average level of the base of the foundation of the building, provided that the height of the main structure shall not exceed that height prescribed by Appendix B to this chapter.

(c)

Maximum floor area to site area:

1.

Retail center: 34 percent of site area; and

2.

Other commercial: 60 percent of site area.

(d)

Building lines: None are prescribed except as may be established by the planned development amendment.

(e)

Maximum site coverage:

1.

Retail center: 85 percent of site area; and

2.

Other commercial: 80 percent of site area.

(2)

Parking.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. Screening shall be required between the planned development district and all abutting property according to the specifications set forth in section 153.72.

(4)

Landscaping. None is prescribed except as may be established by the planned development amendment.

(5)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(F)

Planned Development: Commercial-Residential Mixed Use. Commercial-residential mixed use planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations:

(1)

Size and area.

(a)

Site area: The minimum site area shall be three acres.

(b)

Maximum building height: The height of all buildings shall be determined by their location upon the planned development site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(c)

Maximum floor area to site area: The floor areas of all buildings shall be established by the planned development amendment.

(d)

Building line: None are prescribed except as may be established by the planned development amendment.

(e)

Maximum site coverage: 80 percent of site area.

(2)

Parking.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. Screening shall be required between the planned development district and all abutting property according to the specifications set forth in section 153.72.

(4)

Landscaping. None is prescribed except as may be established by the planned development amendment.

(5)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(Prior Code, § 24-534; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 95-27, § 1, 8-22-1995; Ord. 2015-14, 8-25-2015)

Cross reference— Penalty, see § 153.999.

(A)

Purpose. The C-1 Light Commercial District is a predominantly retail commercial area, located at the northwest and southwest corners and along the southern boundary line of the city, easily accessible to city residents, characterized by the zoning requirements set forth in this section.

(B)

Uses.

(1)

Permitted uses.

(a)

Public parks;

(b)

Utilities:

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points.

(c)

Accessory uses, subject to the requirements of section 153.69;

(d)

Facilities owned and maintained by the city;

(e)

Planned development: commercial;

(f)

Banks, savings and loan associations and similar institutions;

(g)

Business and professional offices and services;

(h)

General retail sales and services and similar uses providing for the sale of convenience goods and personal services which would meet the daily needs of the community trade area;

(i)

Restaurants (without drive-thru service); and

(j)

Cafeterias.

(2)

Specific uses.

(a)

Recreational and entertainment uses:

1.

Amusement, commercial indoor;

2.

Art gallery or museum;

3.

Athletic, swimming or tennis club and/or facilities;

4.

Private club;

5.

Theater, indoor; and

6.

Hotels and motels.

(b)

Educational, institutional and special uses:

1.

Hospital, acute care;

2.

Kindergarten, nursery and/or day care centers;

3.

Schools, business or trade; and

4.

Veterinary offices or services.

(c)

Facilities for drive-in banking;

(d)

Transportation, automobile and related uses:

1.

Auto or motorcycle sales;

2.

Auto parts sales; and

3.

Automobile service stations.

(e)

Smoking paraphernalia establishments; and

(f)

Restaurants with drive-thru service.

(3)

Additional use requirements. It shall be unlawful for any person to make use of any property located within the C-1 Light Commercial District except in accordance with the uses permitted in this district, with the performance standards set forth in sections 153.60 through 153.78 and with the additional regulations listed below:

(a)

Trash and laundry. No collection, storage for refuse, debris or garbage generated by any use shall be allowed in this district when the storage is visible from publicly owned streets. No hanging of laundry, cleaning rags, mops or similar items shall be allowed within view of publicly owned streets. Screening structures erected to obscure the items from view from publicly owned streets shall meet applicable city specifications for materials and construction as set forth in section 153.72.

(b)

Sidewalk sales. The open display of merchandise shall only be permitted wherein a permit shall have been previously issued by the city secretary, for a period not exceeding three successive days and not exceeding four times per calendar year.

(C)

Standard regulations - commercial structures.

(1)

Size and area.

(a)

Minimum lot area: 5,000 square feet.

(b)

Minimum lot width: 50 feet.

(c)

Minimum lot depth: 50 feet.

(d)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(e)

Maximum floor area to lot area: 50 percent of lot area.

(f)

Minimum required yards:

1.

Front yard: 20 feet;

2.

Side yard and rear yard: No side yard or rear yard is specified except that where the side yard or rear yard abuts a lot which is either zoned residential or in residential use, the minimum side yard or rear yard shall not be less than the distance prescribed by Appendix B to this chapter or in section 153.72; and

3.

Corner lots: On a corner lot abutting a lot which is either zoned residential or in residential use, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission containing a side yard of ten feet or more, the building line provisions on the plat shall be observed; on lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet.

(g)

Maximum lot coverage: 75 percent of lot area.

(2)

Parking.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. Screening shall be required between the planned development district and all abutting property according to the specifications set forth in section 153.72.

(4)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(5)

Antennas. No antenna placed upon the roof of any structure in this District shall extend more than ten feet above the roofline.

(D)

Planned development: Commercial. Commercial planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations.

(1)

Size and area.

(a)

Site area:

1.

Shopping center: The minimum site area shall be three acres; and

2.

Office plaza: The minimum site area shall be one acre.

(b)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(c)

Maximum floor area to site area:

1.

Shopping center: 34 percent of site area; and

2.

Office plaza: 60 percent of site area.

(d)

Building lines: None are prescribed except as may be established by the planned development amendment.

(e)

Maximum site coverage:

1.

Shopping center: 85 percent of site area; and

2.

Office plaza: 80 percent of site area.

(2)

Parking.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. Screening shall be required between the planned development district and all abutting property according to the specifications set forth in section 153.72.

(4)

Landscaping. None is prescribed except as may be established by the planned development amendment.

(5)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(6)

Accessory uses. In a commercial office building, residential and retail accessory uses to the predominant office use may be allowed so long as the total area occupied by the accessory uses does not exceed 33 percent of the total use and so long as the number of dwelling units does not exceed 18 per acre for the total project site.

(Prior Code, § 24-535; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 2012-11, 5-22-2012; Ord. 2012-30, 7-24-2012; Ord. 2014-10, 7-22-2014; Ord. 2015-14, 8-25-2015; Ord. 2017-04, 2-28-2017; Ord. 2018-30, 10-23-2018; Ord. 2019-03, 1-22-2019)

Cross reference— Penalty, see § 153.999.

(A)

Purpose. The C-2 Commercial District is the center of the city economic community and the focal point of the city's visual character, characterized by the zoning requirements set forth in this section.

(B)

Uses.

(1)

Permitted uses.

(a)

Public parks;

(b)

Utilities:

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points.

(c)

Accessory uses, subject to the requirements of section 153.69;

(d)

Facilities owned and maintained by the city;

(e)

Planned development: commercial;

(f)

Banks, savings and loan associations and similar institutions;

(g)

Business and professional offices and services;

(h)

General retail sales and services and similar uses providing for the sale of convenience goods and personal services which would meet the daily needs of the community trade area;

(i)

Restaurants (without drive-thru service);

(j)

Cafeterias; and

(k)

Recreational and entertainment uses:

1.

Amusement, commercial indoor;

2.

Art gallery or museum;

3.

Athletic, swimming or tennis club and/or facilities;

4.

Private club; and

5.

Theater, indoor.

(2)

Specific uses.

(a)

Educational, institutional and special uses:

1.

Hospital, acute care;

2.

Kindergarten, nursery and/or day care centers;

3.

Schools, business or trade;

4.

Churches; and

5.

Hotels and motels.

(b)

Facilities for drive-in banking;

(c)

Transportation, automobile and related uses:

1.

Auto or motorcycle sales;

2.

Auto parts sales;

3.

Automobile service stations; and

4.

Automobile services.

(d)

Restaurants with drive-thru service;

(e)

Electronic assemblers;

(f)

Wholesale sales;

(g)

Distribution;

(h)

Smoking paraphernalia establishments; and

(i)

Sexually oriented businesses.

(3)

Additional use requirements. It shall be unlawful for any person to make use of any property located within the C-2 Commercial District except in accordance with the uses permitted in this district, with the performance standards set forth in sections 153.60 through 153.78 and with the additional regulations listed below:

(a)

Trash and laundry. No collection, storage for refuse, debris or garbage generated by any use shall be allowed in this district when the storage is visible from publicly owned streets. No hanging of laundry, cleaning rags, mops or similar items shall be allowed within view of publicly owned streets. Screening structures erected to obscure the items from view from publicly owned streets shall meet applicable city specifications for materials and construction as set forth in section 153.72.

(b)

Sidewalk sales. The open display of merchandise shall only be permitted wherein a permit shall have been previously issued by the city secretary, for a period not exceeding three successive days and not exceeding four times per calendar year.

(C)

Standard regulations - commercial structures.

(1)

Size and area.

(a)

Minimum lot area: 5,000 square feet.

(b)

Minimum lot width: 50 feet.

(c)

Minimum lot depth: 50 feet.

(d)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(e)

Maximum floor area to lot area: 100 percent of lot area.

(f)

Minimum required yards:

1.

Front yard: 20 feet;

2.

Side yard and rear yard: No side yard or rear yard is specified except that where the side yard or rear yard abuts a lot which is either zoned residential or in residential use, the minimum side yard or rear yard shall not be less than the distance prescribed by Appendix B to this chapter or in section 153.72; and

3.

Corner lots: On a corner lot abutting a lot which is either zoned residential or in residential use, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission containing a side yard of ten feet or more, the building line provisions on the plat shall be observed; on lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet.

(g)

Maximum lot coverage: 85 percent of lot area.

(2)

Parking.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. Screening shall be required between the planned development district and all abutting property according to the specifications set forth in section 153.72.

(4)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(5)

Antennas. No antenna placed upon the roof of any structure in this district shall extend more than ten feet above the roofline.

(D)

Planned development: Commercial. Commercial planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations.

(1)

Size and area.

(a)

Site area:

1.

Shopping center: The minimum site area shall be three acres; and

2.

Office plaza: The minimum site area shall be one acre.

(b)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(c)

Maximum floor area to site area:

1.

Shopping center: 60 percent of site area; and

2.

Office plaza: 120 percent of site area.

(d)

Building lines: None are prescribed except as may be established by the planned development amendment.

(e)

Maximum site coverage: 85 percent of site area.

(2)

Parking. For each shopping center or office plaza commercial planned development constructed within the C-2 Commercial District, a parking garage shall also be constructed upon the development site to provide parking as follows:

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73;

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73;

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73; and

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. None is prescribed except as may be established by the planned development amendment.

(4)

Landscaping. None is prescribed except as may be established by the planned development amendment.

(5)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent residential lots or structures are not directly illuminated.

(6)

Accessory uses. In a commercial office building, residential and retail accessory uses to the predominant office use may be allowed so long as the total area occupied by the accessory uses does not exceed 33 percent of the total use and so long as the number of dwelling units does not exceed 12 per acre for the total project site.

(7)

Development intensity bonuses. Notwithstanding any other provisions of this section, a planned development amendment may be granted which permits floor area ratio increases over and above that permitted by other provisions of this section not to exceed the amounts set out herein, except that the cumulative amount of any bonus granted may not cause the total floor area to exceed 300 percent of the site area.

(a)

Public open space: One percent floor area to site area for every one percent of the development site over and above the 15 percent base requirement, that is preserved in the landscaped open space, plazas with public art, fountains and/or pedestrian walkways.

(b)

Parking: One percent floor area to site area for every three percent of a parking structure located below ground level or for every three percent of a parking structure integrated into the base structure of the main building that it serves.

(c)

Land assembly: The allowable maximum floor area to site area (floor area ratio) for any site assembled that is in excess of one acre may be increased by an amount computed as follows:

.05 (total site) minus one acre

One acre

(d)

Street orientation, siting and design: Increase in floor area to site area of up to 33 percent for special street orientation, such as conversion of single loaded shopping streets to double loaded shopping streets, siting or design features that achieve a standard of excellence in relation to the specific environment in which the project is located and that exceed other requirements of this code.

(Prior Code, § 24-536; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 92-29, § 1, 6-23-1992; Ord. 96-12, § 1, 2-27-1996; Ord. 96-14, § 1, 3-26-1996; Ord. 2000-31, 11-28-2000; Ord. 2001-19, 8-6-2001; Ord. 2012-11, 5-22-2012; Ord. 2012-30, 7-24-2012; Ord. 2015-14, 8-25-2015; Ord. 2017-04, 2-28-2017; Ord. 2019-02, 1-22-2019)

Cross reference— Penalty, see § 153.999.

(A)

Purpose. The provisions of this section are applicable only to a tract of property generally located on the southern boundary of the City of Meadows Place. The characteristics of the property and the necessity for its development as a part of a larger tract located within the city limits of the City of Stafford require special and unique zoning regulations in order to achieve a development which is desirable for the residents, citizens and inhabitants of the City of Meadows Place.

(B)

Uses.

(1)

Permitted uses.

(a)

Utilities:

1.

Local utility distribution lines; and

2.

Telephone lines and related cross-connecting points.

(b)

Accessory uses, subject to the requirements of section 153.69;

(c)

Facilities owned and maintained by the city;

(d)

Planned development: commercial;

(e)

Banks, savings and loan associations and similar institutions, including not more than one such institution with drive-thru facilities, if the facilities are designed and constructed not to negatively or adversely impact the health, safety and well-being of the residents, citizens and inhabitants of the city. The facilities should be designed in a way as to prevent unnecessary traffic congestion and to provide for the orderly movement of vehicular and pedestrian traffic;

(f)

Business and professional offices and services;

(g)

General retail sales and services and similar uses providing for the sale of convenience goods and personal services which would meet the daily needs of the community trade area;

(h)

Restaurants, including not more than one restaurant with a drive-thru facility if the facilities are designed and constructed not to negatively or adversely impact the health, safety and well-being of the residents, citizens and inhabitants of the city. The facilities should be designed in a way as to prevent unnecessary traffic congestion and to provide for the orderly movement of vehicular and pedestrian traffic;

(i)

Cafeterias;

(j)

Recreational and entertainment uses:

1.

Amusement, commercial indoor;

2.

Art gallery or museum;

3.

Athletic, swimming or tennis club and/or facilities;

4.

Private club; and

5.

Theater, indoor, without limitations as to whether located either on the first or second level of any building or structure.

(k)

Medical offices if the facilities are designed and constructed not to negatively or adversely impact the health, safety and well-being of the residents, citizens and inhabitants of the city. The facilities should be designed in a way as to prevent unnecessary traffic congestion and to provide for the orderly movement of vehicular and pedestrian traffic; and

(l)

An automobile service station (not more than one such facility), if the facility is designed and constructed not to negatively or adversely impact the health, safety and well-being of the residents, citizens and inhabitants of the city. The facility should be designed in a way as to prevent unnecessary traffic congestion and to provide for the orderly movement of vehicular and pedestrian traffic.

(2)

Specific uses.

(a)

Educational, institutional and special uses:

1.

Hospital, acute care; and

2.

Schools, business or trade.

(b)

Transportation, automobile and related uses:

1.

Auto or motorcycle sales; and

2.

Auto parts sales.

(c)

Restaurant in conjunction with automobile service station uses;

(d)

Retail establishments with drive-thru service (excluding restaurants);

(e)

Smoking paraphernalia establishments; and

(f)

Massage establishments.

(3)

Additional use requirements. It shall be unlawful for any person to make use of any property located within the C-3 Special Commercial District except in accordance with the uses permitted in this district, with the performance standards set forth in sections 153.60 through 153.78 and with the additional regulations listed below:

(a)

Trash and laundry. No collection, storage for refuse, debris or garbage generated by any use shall be allowed in this district when the storage is visible from publicly owned streets. No hanging of laundry, cleaning rags, mops or similar items shall be allowed within view of publicly owned streets. Screening structures erected to obscure the items from view from publicly owned streets shall meet applicable city specifications for materials and construction as set forth in section 153.72.

(b)

Sidewalk sales. The open display of merchandise shall only be permitted wherein a permit shall have been previously issued by the city secretary, for a period not exceeding three successive days and not exceeding four times per calendar year.

(C)

Standard regulations - commercial structures.

(1)

Size and area.

(a)

Minimum lot area: 5,000 square feet.

(b)

Minimum lot width: 50 feet.

(c)

Minimum lot depth: 50 feet.

(d)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(e)

Maximum floor area to lot area: 100 percent of lot area.

(f)

Minimum required yards:

1.

Front yard: 20 feet;

2.

Side yard and rear yard: No side yard or rear yard is specified, except that where the side yard or rear yard abuts a lot which is either zoned residential or in residential use, the minimum side yard or rear yard shall not be less than the distance prescribed by Appendix B to this chapter or in section 153.72; and

3.

Corner lots: On a corner lot abutting a lot which is either zoned residential or in residential use, both street exposures shall be treated as front yards on all lots platted after the date of enactment of this chapter, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the planning and zoning commission containing a side yard of ten feet or more, the building line provisions on the plat shall be observed; on lots which were official corner lots of record prior to the date of enactment of this chapter, the minimum side yard adjacent to the side street shall be ten feet.

(g)

Maximum lot coverage: 85 percent of lot area.

(2)

Parking. The parking regulations as herein provided contemplate the inclusion of property within the development but located within the city limits of the City of Stafford. As such, all requirements as herein provided may be satisfied by inclusion in the appropriate computation of parking spaces within the development but located outside the city limits of the City of Meadows Place.

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73. No additional parking requirements shall be imposed in the event that a business and professional office shall be accessory to another principal use existing within the proposed development, and the business and office use represents less than five percent of the total floor area.

(b)

General retail sales and service establishments: One space for each 250 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every 80 square feet of gross seating floor area designed in accordance with provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three and one-half seats, designed in accordance with the provisions of sections 153.72 and 153.73. No additional parking requirements shall be made for this use if the theaters, meeting rooms or places of public assembly uses herein provided represent less than five percent of the total floor area of the proposed project and when the theaters, meeting rooms and places of public assembly are available primarily for meetings of community civic groups or nonprofit organizations. For theaters sharing parking with other retail and office uses up to 50 percent of the primarily daytime use requirements can be used to satisfy the parking requirements of the theaters.

(3)

Screening. Screening shall be required between the planned development district and all abutting property in accordance with the specifications set forth in section 153.72.

(4)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent lots or structures are not directly illuminated.

(5)

Antennas. No antenna placed upon the roof of any structure in this district shall extend more than ten feet above the roofline.

(6)

Landscaping along public rights-of-way. A landscaped area not less than 15 feet wide abutting the property line along the public rights-of-way shall be provided.

(7)

Location of buildings. A property owner may at any time locate any building at any point or points within the property zoned C-3 Special Commercial District. The property owner may from time to time provide information relating to the proposed location of buildings and/or make such public presentations as are deemed necessary and desirable for the information of the community; however, failure of the developer to make such presentations and/or otherwise to report on planning decisions shall not preclude nor prevent the property owner from proceeding to obtain all required building permits.

(8)

Subsequent approvals. No additional approval shall be necessary as to any question or issue relating to the zoning of property or the inclusion of property in a zoning district subsequent to the adoption of this amendment. The property owner shall be entitled to all necessary building permits and other permits as provided for under chapter 150 of the Code of Ordinances of the city upon meeting such requirements and conditions as therein specified.

(D)

Planned development: Commercial. Commercial planned developments may be approved in this district under the amendatory procedures of this chapter, subject to the following restrictions and limitations.

(1)

Size and area.

(a)

Site area:

1.

Shopping center: The minimum site area shall be three acres; and

2.

Office plaza: The minimum site area shall be one acre.

(b)

Maximum building height: The height of all buildings shall be determined by their location upon the site in accordance with the limitations and requirements prescribed by Appendix B to this chapter.

(c)

Maximum floor area to site area:

1.

Shopping center: 60 percent of site area; and

2.

Office plaza: 120 percent of site area.

(d)

Building lines: None are prescribed except as may be established by the planned development amendment.

(e)

Maximum site coverage: 85 percent of site area.

(2)

Parking. For each shopping center or office plaza commercial planned development constructed within the C-3 Special Commercial District, a parking garage shall also constructed upon the development site to provide parking as follows:

(a)

Business and professional offices (including banks, savings and loan associations and similar institutions): One space for each 300 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(b)

General retail sales and service establishments: One space for each 200 square feet of gross floor area (minimum five spaces), designed in accordance with the provisions of sections 153.72 and 153.73.

(c)

Restaurants: One space for every three restaurant seating spaces, designed in accordance with the provisions of sections 153.72 and 153.73.

(d)

Theaters, meeting rooms, places of public assembly: One space for every three seats, designed in accordance with the provisions of sections 153.72 and 153.73.

(3)

Screening. None is prescribed except as may be established by the planned development amendment.

(4)

Landscaping. None is prescribed except as may be established by the planned development amendment.

(5)

Outdoor lighting. All outdoor lighting shall be located, screened or shielded so that adjacent residential lots or structures are not directly illuminated.

(6)

Accessory uses. In a commercial office building, residential and retail accessory uses to the predominant office use may be allowed so long as the total area occupied by the accessory uses does not exceed 33 percent of the total use and so long as the number of dwelling units does not exceed 12 per acre for the total project site.

(7)

Development intensity bonuses. Notwithstanding any other provisions of this section, a planned development amendment may be granted which permits floor area ratio increases over and above that permitted by other provisions of this section not to exceed the amounts set out herein, except that the cumulative amount of any bonus granted may not cause the total floor area to exceed 300 percent of the site area.

(a)

Public open space: One percent floor area to site area for every one percent of the development site over and above the 15 percent base requirement, that is preserved in the landscaped open space, plazas with public art, fountains and/or pedestrian walkways.

(b)

Parking: One percent floor area to site area for every three percent of a parking structure located below ground level or for every three percent of a parking structure integrated into the base structure of the main building that it serves.

(c)

Land assembly: The allowable maximum floor area to site area (floor area ratio) for any site assembled that is in excess of one acre may be increased by an amount computed as follows:

.05 (total site) minus one acre

One acre

(d)

Street orientation, siting and design: Increase in floor area to site area of up to 33 percent for special street orientation, such as conversion of single loaded shopping streets to double located shopping streets, siting or design features that achieve a standard of excellence in relation to the specific environment in which the project is located and that exceed other requirements of this code.

(Prior Code, § 24-537; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 94-16, § 4, 5-10-1994; Ord. 95-07, § 1, 2-21-1995; Ord. 2012-11, 5-22-2012; Ord. 2012-30, 7-24-2012; Ord. 2015-14, 8-25-2015; Ord. 2017-04, 2-28-2017; Ord. 2020-01, 1-28-2020)

Cross reference— Penalty, see § 153.999.

Aesthetic requirements for existing commercial structures, any new commercial structures built in existing neighborhoods or for any new planned development shall be as follows:

(A)

In existing subdivisions and/or new development, all buildings and structures shall be architecturally and aesthetically pleasing to the general population. All buildings and structures shall be constructed and exterior-finished so as to blend with and complement the surrounding buildings and landscape. No exterior finishing or color shall be of colors normally considered loud, obnoxious or excessively bright. The purpose of this criterion is twofold: to ensure that the character and quality of retail, commercial and industrial development contributes to desired community character objectives; and to preclude the design and construction of buildings for which the tenants and/or uses are readily recognizable solely by the buildings' architectural elevations, colors, materials, other architectural elements and/or the arrangement thereof.

(1)

Any new development shall be required to obtain initial approval of any exterior colors to be used on new buildings and structures from the city planning and zoning commission.

(2)

The approval for any exterior color for any exterior additions to or change or alteration to existing buildings and structures shall be required from the city planning and zoning commission.

(3)

An appeal may be taken within ten business days from the city planning and zoning commission decision to deny a color selection directly to the city council. The decision of the city council shall be final.

(4)

Any decision by the city council that shall be deemed arbitrary may be appealed to the district court of the county, if notice of appeal has been filed with the city secretary within 30 days from the date of the decision by the city council. This notice, if given, shall be in addition to the aggrieved party timely filing the petition and/or pleadings as may be applicable and required for suits in district court. The appeals shall be under the substantial evidence rule.

(B)

New commercial development and all buildings and structures thereto shall be architecturally and aesthetically pleasing to the general population. All buildings and structures shall be constructed and exterior-finished so as to blend with and complement the surrounding buildings and landscape. No exterior finishing or color shall be of colors normally considered loud, obnoxious or excessively bright. The purpose of this criterion is twofold: to ensure that the character and quality of retail, commercial and industrial development contributes to desired community character objectives; and to preclude the design and construction of buildings for which the tenants and/or uses are readily recognizable solely by the buildings' architectural elevations, colors, materials, other architectural elements and/or the arrangement thereof. Any new commercial development shall be required to obtain initial approval of any exterior colors to be used on new buildings and structures from the city planning and zoning commission. Appeals may be taken following the procedures set out in subsections (A)(3) and (A)(4) above.

(Ord. 2008-04, 2-26-2008)

Aesthetic requirements for existing residential structures and any new residential structures shall be as follows. Subsections (A) and (B) below, subject to section 150.02(C), the following allowable residential roofing materials may be installed in new or replacement roof construction:

(A)

Before changing 50 percent or more of the exterior paint color of an existing residential structure, the residential owner or an authorized representative shall consult the Behr Exteriors Custom Color Collection Chart No. 50003913 that is kept on file with the code enforcement official of the city to choose an approved color. Residential structures are not required to be painted with the name brand paint found in the Behr Exterior Collection Chart No. 50003913, but the residential owner or authorized representative shall present to the code enforcement official for approval an exterior paint color of a different brand than that found in the Behr Exterior Collection Chart No. 50003913. The code enforcement official will approve reasonable color matches to that found in the Behr Exterior Collection Chart No. 50003913. Any change to the exterior paint color of an existing residential structure shall be painted a uniform color, with the exception of any trim which may be painted a different color. Doors also may be colored in standard manufacturer colors.

(B)

Before painting the exterior paint color of a new residential structure, the residential owner or an authorized representative shall consult the Behr Exterior Collection Chart No. 50001540 that is kept on file with the code enforcement official of the city to choose an approved color. Residential structures are not required to be painted with the name brand paint found in the Behr Exterior Collection Chart No. 50003913 but the residential owner or authorized representative shall present to the code enforcement official for approval an exterior paint color of a different brand than that found in the Behr Exterior Collection Chart No. 50003913. The code enforcement official will approve reasonable color matches to that found in the Behr Exterior Collection Chart No. 50003913. The exterior paint color of a new residential structure shall be painted a uniform color, with the exception of any trim which may be painted a different color. Doors also may be colored in standard manufacturer colors.

(C)

If the Code enforcement official denies a paint color selection, the residential owner or authorized representative may appeal such denial to the planning and zoning commission. Any appeal must be filed with the city secretary within ten business days of denial. In determining whether to approve an alternate exterior paint color selection, the planning and zoning commission shall consider surrounding buildings, structures, and landscapes to ensure that an alternative exterior paint color selection is aesthetically and architecturally consistent with such surrounding buildings, structures, and landscapes and that no alternative exterior paint color selection is of a color normally considered loud, obnoxious, or excessively bright.

(Ord. 2008-12, 4-22-2008; Ord. 2011-10, 2-22-2011; Ord. 2017-24, 8-22-2017)