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Merriam City Zoning Code

ARTICLE III

- SPECIFIC DISTRICT REGULATIONS

Secs. 74-191—74-218. - Reserved.

Effective on: 1/1/1901

Sec. 74-219. - R-1 Single-Family Residential District.

The R-1 Single-Family Residential District is designed to provide a single-family dwelling zone.

  1. Permitted uses.
    1. Agriculture, as defined in this chapter.
    2. Single-family dwellings.
    3. Parks and playgrounds.
    4. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
    5. Group homes.
  2. Conditional uses.
    1. Swimming clubs, tennis clubs, golf courses and clubhouses accessory thereto. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
    2. YMCA, YWCA and other similar uses, as defined in this chapter.
    3. Repealed.
    4. Group day care home, as defined in section 74-159.
    5. Day care home, as defined in section 74-159.
    6. Roomers and boarders.
    7. Churches, chapels, temples and synagogues.
    8. Schools: primary, intermediate and secondary.
    9. Church offices.
  3. Lot size requirements.
    1. Minimum lot area :
      1. Single-family dwellings and group homes, R-1: 10,000 square feet of land.
      2. All other permitted and conditional uses: 15,000 square feet of land.
      3. Whenever one lot does not meet the required square footage to constitute one building lot to be developed by an individual landowner or developer and part or all of another lot is combined to meet the minimum lot size, a replat will not be required. However, where more than two building lots or a subdivision is proposed a replat must be approved.
    2. Minimum lot width :
      1. Single-family dwellings and group homes, R-1: 75 feet.
      2. All other permitted and conditional uses: 75 feet.
    3. Minimum lot depth : 100 feet.
  4. Bulk regulations.
    1. The maximum structure height : 35 feet.
    2. Yard requirements :
      1. Minimum front yard: 30 feet.
      2. Minimum side yards:
        1. Residential buildings: seven feet on each side of the zoning lot.
        2. All other permitted and conditional uses: 15 feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by ARTICLE VIII of this chapter.
      3. Minimum rear yard: 25 feet.
      4. Minimum structure size: Single story: 900 square feet, not to include garages, porches and unenclosed carports and basements except in architecturally designed split levels. Two story: 1,250 square feet, not to include garages, porches and unenclosed carports and basements except in architecturally designed split levels.
    3. Off-street parking and loading. Off-street parking and loading as required in ARTICLE XII of this chapter.

(Ord. No. 54, art. 4, § 4-101, 12-4-1958; Ord. No. 1178, § 10-25-1993; Ord. No. 1326, § IV, 6-22-1998; Ord. No. 1614, § 2, 2-23-2009; Ord. No. 1779 , § 2, 3-12-2018; Ord. No. 1780 , § 4, 4-9-2018)

Effective on: 1/1/1901

Sec. 74-220. - R-2 Single-Family Residential District.

The R-2 Single-Family Residential District is designed to provide a single-family dwelling district on smaller building lots.

  1. Permitted uses.
    1. Agriculture, as defined in this chapter.
    2. Single-family dwellings.
    3. Parks and playgrounds.
    4. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
    5. Group homes.
  2. Conditional uses.
    1. Swimming clubs, tennis clubs, golf courses and clubhouses accessory thereto. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
    2. YMCA, YWCA and other similar uses, as defined in this chapter.
    3. Repealed.
    4. Group day care home, as defined in section 74-159.
    5. Churches, chapels, temples and synagogues.
    6. Schools: primary, intermediate and secondary.
    7. Church offices.
    8. Day care home, as defined in section 74-159.
  3. Lot size requirements.
    1. Minimum lot area :
      1. Single-family dwellings and group homes, R-2: 7,500 square feet of land.
      2. All other permitted and conditional uses: 15,000 square feet of land.
      3. Whenever one lot does not meet the required square footage to constitute one building lot to be developed by an individual landowner or developer, and part or all of another lot is combined to meet the minimum lot size, a replat will not be required. However, where more than two building lots or a subdivision is proposed, a replat must be approved.
    2. Minimum lot width :
      1. Single-family dwellings and group homes, R-2: 70 feet.
      2. All other permitted and conditional uses: 70 feet.
    3. Minimum lot depth : 100 feet.
  4. Bulk regulations.
    1. The maximum structure height : 25 feet.
    2. Yard requirements :
      1. Minimum front yard: 30 feet.
      2. Minimum side yards:
        1. Residential buildings: seven feet on each side of the zoning lot.
        2. All other permitted and conditional uses: 15 feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by ARTICLE VIII of this chapter.
      3. Minimum rear yard: 25 feet.
      4. Minimum structure size:
        1. Single story: 800 square feet per unit, not to include garages, porches, unenclosed carports and basements except in architecturally designed split levels.
        2. Two story: 1,100 square feet per unit, not to include garages, porches, unenclosed carports and basements except in architecturally designed split levels.
    3. Off-street parking and loading. Off-street parking and loading as required by ARTICLE XII of this chapter.

(Ord. No. 54, art. 4, § 4-102, 12-4-1958; Ord. No. 1178, 10-25-1993; Ord. No. 1326, § IV, 6-22-1998; Ord. No. 1614, § 3, 2-23-2009; Ord. No. 1779 , § 3, 3-12-2018; Ord. No. 1780 , § 5, 4-9-2018)

Effective on: 1/1/1901

Sec. 74-221. - R-3 Two-Family Residential District (duplex).

The R-3 Two-Family Residential District is designed to provide a two-family residential development.

  1. Permitted uses.
    1. Single-family dwellings, R-1.
    2. Two-family dwellings, R-3.
    3. Parks and playgrounds.
    4. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
    5. Signs, as permitted by Chapter 53.
    6. Group homes, R-1.
  2. Conditional uses.
    1. Swimming clubs, tennis clubs, golf courses and clubhouses accessory thereto. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
    2. Group day care home, as defined in section 74-159.
    3. Repealed.
    4. YMCA, YWCA and other similar uses, as defined in this chapter.
    5. Hospitals and other similar institutions, provided that they shall be screened from adjacent residential property and shall be located on an arterial street.
    6. Repealed.
    7. Repealed.
    8. Churches, chapels, temples and synagogues.
    9. Parks and playgrounds.
    10. Schools: primary, intermediate and secondary.
    11. Church offices.
    12. Day care home, as defined in section 74-159.
  3. Lot size requirements.
    1. Minimum lot area:
      1. Single-family dwellings and group homes: 10,000 square feet of land area.
      2. Single-family attached dwellings and two-family dwellings: 6,250 square feet of land area per dwelling unit with the provision that no single lot may be less than 12,500 square feet in land area.
      3. All other permitted and conditional uses: 12,500 square feet of land.
      4. Whenever one lot does not meet the required square footage to constitute one building lot to be developed by an individual landowner or developer and part or all of another lot is combined to meet the minimum lot size, a replat will not be required. However, where more than two building lots or a subdivision is proposed a replat must be approved.
    2. Minimum lot width :
      1. Single-family dwellings and group homes, R-1: 75 feet.
      2. Two-family dwellings, R-3: 100 feet.
      3. All other permitted and conditional uses: 100 feet.
    3. Minimum lot depth : 100 feet.
  4. Bulk regulations.
    1. Maximum structure height : 40 feet.
    2. Yard requirements :
      1. Minimum front yard: 30 feet.
      2. Minimum side yard:
        1. Residential buildings: seven feet on each side of the zoning lot.
        2. All other permitted and conditional uses: 20 feet required on each side of the zoning lot, except accessory uses which shall be permitted and governed by ARTICLE VIII of this chapter.
      3. Minimum rear yard: 25 feet.
      4. Minimum structure size:
        1. Single story: 1,100 square feet, not to include garages, porches, unenclosed carports and basements except in architecturally designed split levels.
        2. Two story: 1,250 square feet, not to include garages, porches, unenclosed carports and basements except in architecturally designed split levels.
    3. Off-street parking and loading. Off-street parking and loading as required in ARTICLE XII of this chapter.
  5. Two-family lot splits.
    1. A lot split request for a legally described lot containing a two-family dwelling unit may be granted so long as such lot split occurs along the interior common wall of the unit and extends along such line to the edge of the lot. A lot split may be granted no more than one time for any given lot containing a two-family dwelling unit and shall only be permissible for those structures originally constructed as a two-family dwelling unit. Additionally, no lot split request will be approved unless, at the time of the requested split, the two-family dwelling unit and underlying lot are in compliance with sections 74-221(1) (Permitted uses), 74-221(3) (Lot size requirements) and 74-221(4) (Bulk regulations).
    2. The standards for a two-family lot split are defined in ARTICLE XIV, DIVISION 2 of the Chapter 62, city subdivision regulations.
    3. All structures that are properly shown on the two-family lot split application at the time of the application submittal, provided that their use and location do not change from the time that the lot-split application is filed with the community development department, shall be considered to be conforming to these zoning regulations after the two-family lot split has been filed with the county. Any future expansion of the structure must comply with all applicable zoning regulations.

(Ord. No. 54, art. 4, § 4-103, 12-4-1958; Ord. No. 1779 , § 4, 3-12-2018; Ord. No. 1780 , § 6, 4-9-2018)

Effective on: 1/1/1901

Sec. 74-222. - R-4 Multiple-Family Residential District.

The R-4 Multiple-Family Residential District is designed to provide for multiple-family development.

Permitted uses.

  1. Single-family dwellings, R-1.
  2. Two-family dwellings.
  3. Multiple-family dwellings.
  4. Parks and playgrounds.
  5. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
  6. Signs, as permitted by Chapter 53.
  7. Group homes, R-1.
  1. Conditional uses.
    1. Swimming clubs, tennis clubs, golf courses and clubhouses accessory thereto. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
    2. Group day care home, as defined in section 74-159(b).
    3. Repealed.
    4. YMCA, YWCA and other similar uses, as defined in this chapter.
    5. Hospitals and other similar institutions, provided that they shall be screened from adjacent residential property and shall be located on an arterial street.
    6. Mortuaries.
    7. Repealed.
    8. Churches, chapels, temples and synagogues.
    9. Parks and playgrounds.
    10. Schools: primary, intermediate and secondary.
    11. Church offices.
    12. Day care home, as defined in section 74-159(a).
  2. Lot size requirements.
    1. Minimum lot area:
      1. Single-family dwellings and group homes, R-1: 10,000 square feet of land.
      2. Single family attached or two-family dwellings, R-3: 6,250 square feet of land per family unit.
      3. Multiple-family, R-4: 15,000 square feet of land for a three family unit or more and a minimum of 3,000 square feet of land for each dwelling unit, except that one acre shall be required when a rezoning request is considered that is not adjacent to an existing R-4 or R-5 zone.
      4. Other permitted and conditional uses: one acre of land.
      5. Whenever one lot does not meet the required square footage to develop and part or all of another lot is combined to constitute one lot, a replat shall not be required. However, where more than two building lots or a subdivision is proposed, a replat must be approved.
    2. Minimum lot width :
      1. Single-family dwellings and group homes, R-1: 75 feet.
      2. Two-family dwellings, R-3: 100 feet.
      3. All other permitted and conditional uses: 100 feet.
    3. Spacing of buildings : In addition to the requirement specified in subsection (3)b.2 of this section the following building spacing shall apply:
      1. All garden apartment buildings shall be so arranged or grouped as to have a reasonably widely spaced distribution over the entire premises. In addition, the buildings shall be so arranged that maximum light, air and open space shall be so located as to best serve the entire project. All garden apartment buildings shall be of new construction, and no existing dwellings may be moved or altered for use as garden apartments.
      2. No two buildings or opposite portions of the buildings shall have a closer relationship than the following:
        1. Back of dwelling unit to back of dwelling unit: 40 feet.
        2. Front of dwelling unit to front of dwelling unit: 50 feet.
        3. End to end: 20 feet.
        4. Corner to corner: 15 feet.
        5. End to back of dwelling unit: 25 feet.
        6. End to front of dwelling unit: 40 feet.
        7. No dwelling unit shall face directly upon the rear of another dwelling unit.
        8. Service areas, vestibules, porches, balconies, and canopies not extending more than ten feet from the building shall be excluded from the clearance requirements of subsections (3)(c)2(i) and (3)(c)2(vii) of this section, inclusive.
        9. Where the walls of two buildings face each other and the portions of the faces which overlap, or are directly opposite each other, do not exceed 15 feet in length, and the overlapping portions do not contain windows, the distance between the walls may not be less than nine feet.
    4. Minimum lot depth :
      1. Single-family dwellings and group homes, R-1: 100 feet.
      2. Two-family dwellings, R-3: 125 feet.
      3. All other permitted and conditional uses: 150 feet.
  3. Bulk regulations.
    1. Maximum structure height: 40 feet.
    2. Yard requirements:
      1. Minimum front yard: 30 feet.
      2. Minimum side yard:
        1. Residential buildings: ten feet on each side of the zoning lot, except at residential buildings which have the entrances to two or more units facing the side yard shall have a minimum side yard of 20 feet on the side of the building on which such entrances are located.
        2. All other permitted and conditional uses shall have a side yard of 15 feet on each side, except accessory uses, which shall be permitted and governed by ARTICLE VIII of this chapter.
        3. Off-street parking and loading as permitted in ARTICLE XII of this chapter.
      3. Minimum rear yard: 25 feet.
  4. Environmental impact study. An environmental impact study regarding traffic, noise, lighting, parking, stormwater or other aesthetic aspects shall be required on a rezoning application as determined by the zoning administrator.
  5. Two-family lot splits.
    1. A lot split request for a legally described lot containing a two-family dwelling unit may be granted so long as such lot split occurs along the interior common wall of the unit and extends along such line to the edge of the lot. A lot split may be granted no more than one time for any given lot containing a two-family dwelling unit and shall only be permissible for those structures originally constructed as a two-family dwelling unit. Additionally, no lot split request will be approved unless, at the time of the requested split, the two-family dwelling unit and underlying lot are in compliance with sections 74-221(1) (Permitted uses), 74-221(3) (Lot size requirements) and 74-221(4) (Bulk regulations).
    2. The standards for a two-family lot split are defined in section 62-17.
    3. All structures that are properly shown on the two-family lot split application at the time of the application submittal, provided that their use and location do not change from the time that the lot-split application is filed with the community development department, shall be considered to be conforming to these zoning regulations after the two-family lot split has been filed with the county. Any future expansion of the structure must comply with all applicable zoning regulations.

(Ord. No. 54, art. 4, § 4-104, 12-4-1958; Ord. No. 1779 , § 5, 3-12-2018)

Effective on: 1/1/1901

Sec. 74-223. - R-5 Multiple-Family Residential District (high-rise).

The R-5 Multiple-Family Residential District is designed to provide for multiple-family high-rise development.

  1. Permitted uses.
    1. Single-family dwellings, R-1.
    2. Two-family dwellings, R-3.
    3. Multi-family dwellings.
    4. Parks and playgrounds.
    5. Accessory and temporary uses, as permitted in ARTICLE VIII of this chapter.
    6. Signs, as permitted by Chapter 53.
    7. Group homes, R-1.
  2. Conditional uses.
    1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
    2. Group day care home, as defined in section 74-159(b).
    3. Repealed.
    4. YMCA, YWCA and other similar uses, as defined in this chapter.
    5. Hospitals and other similar institutions provided that they shall be screened from adjacent residential property and shall be located on an arterial or collector street.
    6. Mortuaries.
    7. Repealed.
    8. Modular residential units.
    9. Churches, chapels, temples and synagogues.
    10. Parks and playgrounds.
    11. Schools: primary, intermediate and secondary.
    12. Church offices.
    13. Day care home, as defined in section 74-159(a).
  3. Lot size requirements.
    1. Minimum lot area :
      1. Single-family dwellings and group homes, R-1: 10,000 square feet of land.
      2. Single-family attached or two-family dwellings, R-3: 6,250 square feet of land area per dwelling unit.
      3. Multiple-family (R-4): 15,000 square feet of land area for a three family unit and a minimum of 3,000 square feet of land for each unit except that one acre shall be required when a rezoning request considered that is not adjacent to an existing R-4 or R-5 zone, for the protection of adjacent property.
      4. Multiple family—high rise, R-5: 1,000 square feet of land per unit with a minimum of 22,500 square feet of land area, except that one acre shall be required when a rezoning request is considered that is not adjacent to an existing R-5 zone.
      5. Other permitted and conditional uses: one acre of land.
      6. Whenever one lot does not meet the required square footage to constitute one building lot to be developed by an individual landowner or developer, and part or all of another lot is combined to meet the minimum lot size, a replat will not be required. However, where more than two building lots or a subdivision is planned, a replat must be submitted for approval.
    2. Minimum lot width :
      1. Single-family dwellings and group homes, R-1: 75 feet.
      2. Two-family dwellings, R-3: 100 feet.
      3. Multi-family dwellings, R-4: 100 feet.
    3. Spacing of buildings. In addition to the requirement specified in subsection (3)b.3 of this section, the following building spacings shall apply:
      1. All apartment buildings shall be so arranged or grouped as to have a reasonably widely spaced distribution over the entire premises. In addition, the buildings shall be so located as to best serve the entire project. All apartment buildings shall be of new construction, and no existing dwellings may be moved or altered for use as apartments.
      2. No two buildings or opposite portions of the buildings shall have a closer relationship than the following:
        1. Back of dwelling unit to back of dwelling unit, 40 feet.
        2. Front of dwelling unit to front of dwelling unit, 50 feet.
        3. End to end, 20 feet.
        4. Comer to corner, 15 feet.
        5. End to back of dwelling unit, 25 feet.
        6. End to front of dwelling unit, 40 feet.
        7. No dwelling unit shall face directly upon the rear of another dwelling unit.
        8. Service areas, vestibules, porches, balconies, and canopies not extending more than ten feet from the building shall be excluded from the clearance requirements of subsections (3)(c)2(i) to (3)(c)2(VII) of this section, inclusive.
        9. Where the walls of two buildings face each other and the portions of the faces which overlap or are directly opposite each other do not exceed 15 feet in length and the overlapping portions do not contain windows, the distance between the walls may not be less than nine feet.
    4. Minimum lot depth :
      1. Single-family dwellings and group homes, R-1: 100 feet.
      2. Two-family dwellings, R-3: 125 feet.
      3. All other permitted and conditional uses: 150 feet.
  1. Bulk regulations.
    1. Maximum structure height : 85 feet, not including chimneys or elevator penthouses with square footage not exceeding the elevator shaft.
    2. Yard requirements :
      1. Minimum front yard: 30 feet.
      2. Minimum side yard:
        1. Residential buildings: 15 feet on each side of the zoning lot, except that residential buildings that have the entrance to two or more units facing the side yard shall have a minimum side yard of 20 feet on the side of the building on which such entrances are located.
        2. All other permitted and conditional uses shall have a side yard on each side of 20 feet, except accessory uses which shall be permitted and governed by ARTICLE VIII of this chapter.
      3. Minimum rear yard: 25 feet.
    3. Off-street parking and loading. Off-street parking and loading as required in ARTICLE XII of this chapter.
  2. Environmental impact study. An environmental impact study, regarding traffic, lighting, noise, parking, stormwater or other aesthetic aspects may be required on a rezoning application as determined by the zoning administrator.
  3. Two-family lot splits.
    1. A lot split request for a legally described lot containing a two-family dwelling unit may be granted so long as such lot split occurs along the interior common wall of the unit and extends along such line to the edge of the lot. A lot split may be granted no more than one time for any given lot containing a two-family dwelling unit and shall only be permissible for those structures originally constructed as a two-family dwelling unit. Additionally, no lot split request will be approved unless, at the time of the requested split, the two-family dwelling unit and underlying lot are in compliance with sections 74-221(1) (Permitted uses), 74-221(3) (Lot size requirements) and 7-221(4) (Bulk regulations).
    2. The standards for a two-family lot split are defined in section 62-17.
    3. All structures that are properly shown on the two-family lot split application at the time of the application submittal, provided that their use and location do not change from the time that the lot-split application is filed with the community development department, shall be considered to be conforming to these zoning regulations after the two-family lot split has been filed with the county. Any future expansion of the structure must comply with all applicable zoning regulations.

(Ord. No. 54, art. 4, § 4-105, 12-4-1958; Ord. No. 1662, 11-22-2010; Ord. No. 1779 , § 6, 3-12-2018)

Effective on: 1/1/1901

Sec. 74-224. - Planned unit development.

Planned unit development shall comply with the zoning regulations set forth in ARTICLE III of this chapter, except as otherwise provided in ARTICLE XV of this chapter.

(Ord. No. 54, art. 4, § 4-106, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-225. - Condominium residential districts.

  • Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
  • Secs. 74-226—74-243. - Reserved.

    Effective on: 1/1/1901

    Sec. 74-244. - C-O Office District.

    This district is designed to provide for restricted commercial and office activities adjacent to arterial and collector streets and highways, but at the same time, avoiding strip commercial development.

    1. Permitted uses :
      1. Business and professional offices, provided that any storage space associated with such offices shall not exceed 30 percent of the gross floor area of the principal structure.
      2. Medical care facilities (excluding hospitals).
      3. Mortuaries and funeral homes.
      4. Banks and financial institutions.
      5. The following uses would be permitted and located in an office building or health care facility, provided that such uses could be accessed only from an interior lobby or hallway and there is no advertising or display visible from the exterior of the structure:
        1. Barber, beauty, florist and gift shops;
        2. Drugstore;
        3. Newsstands; and
        4. Restaurants (excluding private clubs and drinking establishments as defined in this Code).
      6. Tennis clubs and accessory uses thereto, including but not limited to, indoor and outdoor tennis courts and swimming pools.
    2. Conditional uses. The following uses may be permitted as conditional uses:
      1. Mail order houses.
      2. Research laboratories.
      3. Multiple-family residential, subject to applicable requirements contained in this chapter.
      4. All uses permitted as conditional uses in the R-4 district.
      5. Day care center.
    3. Lot size requirements.
      1. Minimum lot area: 12,500 square feet of land.
      2. Minimum lot width: 75 feet.
      3. Minimum lot depth: 100 feet.
    4. Bulk regulations.
      1. Maximum structure height: 85 feet (except multiple-family development which shall be governed by the regulations for the R-4 or R-5 residential districts); provided, that there shall be one additional foot of setback on the side yards for each additional two feet of height over 40 feet.
      2. Minimum yard requirements:
        1. Minimum front yard: 30 feet on all sides abutting a street as required in section 74-245(4)b.1(i), (ii), and (iii).
        2. Minimum side yard: The sum of both sides shall equal 20 feet except when a side yard in this district abuts a residential district, a side yard sum of 25 feet shall be required.
        3. Minimum rear yard: 15 feet when abutting a commercial zoning district, however, 25 feet shall be required when abutting a residential district.
        4. If a lot in a commercial district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential areas.
      3. Off-street parking and loading as required in ARTICLE XII of this chapter.
    5. Use limitations.
      1. All business, service, storage and display of goods shall be conducted within a completely enclosed structure, (except as provided in subsection (1)f of this section.
      2. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
      3. Solid screening of not less than six feet in height shall be provided along all lot lines that abut a residential district.
      4. For each zoning lot, there shall be only one curb cut permitted on a street. Such curb cut shall not be greater than 35 feet in the event a lot is 50 feet or less in width.
      5. Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted in any required front yard.
    6. Environmental impact study. An environmental impact study, regarding traffic, lighting, noise, parking, stormwater or other aesthetic aspects may be required on a rezoning application as determined by the zoning administrator.

    (Ord. No. 54, art. 4, § 4-201, 12-4-1958; Ord. No. 1178, 10-25-1993; Ord. No. 1614, § 8, 2-23-2009)

    Effective on: 1/1/1901

    Sec. 74-245. - C-1 Neighborhood Shopping District.

    The C-1 Neighborhood Shopping District is designed to permit areas of convenience shopping facilities so located to serve one or more residential neighborhoods.

    1. Permitted uses.
      1. Any use specifically listed as a permitted use in the C-O, Office District.
      2. Barber, hobby, beauty, garden, florist, antique, shoe, tailor, jewelry and gift shops.
      3. Food, drug, hardware, appliance, dry goods and clothing stores.
      4. Camera and photographic supply stores.
      5. Musical instrument sales and services.
      6. Day care center.
      7. Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises.
      8. Restaurants (excluding private clubs and drinking establishments as defined in this Code).
      9. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
      10. Signs, as permitted by Chapter 53.
    2. Conditional uses.
      1. Automobile service stations and tire, battery and automobile accessory stores, only if the design of the entrance and exit drives to such service stations or stores will not create hazards for vehicular or pedestrian traffic or congestion in adjacent streets.
      2. Multiple-family dwellings.
      3. Package liquor stores (no on-premises consumption).
      4. Amusement arcades where such use is located not less than 200 feet from any residential zoning district.
    3. Lot size requirements.
      1. Minimum lot area: 20,000 square feet of land.
      2. Minimum lot width: 100 feet.
      3. Minimum lot depth: 150 feet.
    4. Bulk regulations.
      1. Maximum structure height: 35 feet.
      2. Yard requirements:
        1. Front yard: Property located adjacent to the following types of streets shall maintain the following minimum front yard dimensions between the centerline of the street right-of-way and the front building line:
          1. Residential street: 30 feet from the property line, or 55 feet from the street right-of-way centerline, whichever is greater.
          2. Collector street: 30 feet from the property line or 60 feet from the street right-of-way centerline, whichever is greater.
          3. Arterial street: 30 feet from the property line, or 70 feet from the street right-of-way centerline, whichever is greater.
        2. Side yard: The sum of the two side yards shall be not less than 20 feet, except when a side yard in this district abuts a residential district, a side yard of 25 feet shall be provided.
        3. Rear yard: 25 feet when abutting a residential district.
        4. If a lot in a commercial district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential areas.
      3. Off-street parking and loading as required in ARTICLE XII of this chapter.
    5. Use limitations.
      1. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
      2. All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than ten percent of the total floor area may be used for outside display and sales.
      3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
      4. Solid screening of not less than six feet in height shall be provided along all property lines that abut a residential district.
      5. Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted in any required front yard.
    6. Environmental impact study. An environmental impact study, regarding traffic, lighting, noise, parking, stormwater or other aesthetic aspects may be required on a rezoning application as determined by the zoning administrator.

    (Ord. No. 54, art. 4, § 4-202, 12-4-1958; Ord. No. 1178, 10-25-1993; Ord. No. 1614, § 9, 2-23-2009)

    Effective on: 1/1/1901

    Sec. 74-246. - C-2 Retail Business District.

    The C-2 Retail Business District is designed to provide a district for a broad range of retail shopping facilities.

    1. Permitted uses.
      1. Any use specifically listed as a permitted use in the C-O Office District or C-1 Neighborhood Shopping District.
      2. Furniture, carpet and interior decorating stores.
      3. Fitness centers and sporting goods stores.
      4. Animal related businesses and/or organizations (no outdoor animal runs, kennels or other outdoor storage or treatment of animals).
      5. Laundry and dry cleaning receiving stations.
      6. Blueprinting and photocopy service.
      7. Schools for music, dance and business.
      8. Fraternal and service clubs.
      9. Automobile sales and service (no outside service).
      10. Governmental office buildings, recreation and service centers.
      11. Newspaper offices and printing.
      12. Package liquor stores (no on-premises consumption).
      13. Self-service laundry and dry cleaning.
      14. YMCA and YWCA facilities.
      15. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
      16. Signs, as permitted by Chapter 53.
    2. Conditional uses.
      1. Automobile service station.
      2. Bus stations.
      3. Hotels and motels.
      4. Massage parlors (see other regulations).
      5. Multiple-family residential.
      6. Radio and television broadcasting stations (no towers).
      7. Baseball batting cages.
      8. Theaters (as defined in this chapter).
    3. Lot size requirements.
      1. Minimum lot area: 15,000 square feet of land.
      2. Minimum lot width: 75 feet.
      3. Minimum lot depth: 100 feet.
    4. Bulk regulations.
      1. Maximum structure height: 85 feet.
      2. Yard requirements:
        1. Front yard: 30 feet as required in section 74-245(4)b.i—iii.
        2. Side yard: The sum of the two side yards shall be not less than 20 feet, except when a side yard in this district abuts a residential district a side yard of 25 feet shall be provided.
        3. Rear yard: 25 feet when abutting a residential district. If a lot in a commercial district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential areas.
      3. Off-street parking and loading as required in ARTICLE XII of this chapter.
    5. Use limitations.
      1. All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on the premises where produced. No products produced in this district shall be of a nature that they would be classified as a permitted use in the I-1 district if produced separately from a use permitted in this district.
      2. All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than ten percent of the total floor area may be used for outside display and sales of merchandise.
      3. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
      4. Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted in any required front yard.
      5. An environmental impact study regarding traffic, lighting, noise, parking, stormwater and/or other aesthetic aspects may be required on a rezoning application as determined by the zoning administrator.
      6. Hours of operation of convenience stores shall be limited to any period of a day between 6:00 a.m. and 11:00 p.m. for convenience stores located within 500 feet of any property zoned for residential purposes, measured from the lot upon which such convenience store is situated.

    (Ord. No. 54, art. 4, § 4-203, 12-4-1958; Ord. No. 1326, § IV, 6-22-1998; Ord. No. 1178, 10-25-1993; Ord. No. 1377, § 1, 5-22-2000; Ord. No. 1612, § IV, 12-22-2008; Ord. No. 1703, § 1(4-203), 7-22-2013)

    Effective on: 1/1/1901

    Sec. 74-247. - C-3 General Commercial District.

    The C-3 General Business District provides for a mixture of retail business and restricted light industrial type uses which are compatible with the existing character of the city Business District.

    1. Permitted uses.
      1. Any use specifically listed as a permitted use in the C-O Office District; C-1 Neighborhood Shopping District; and C-2 Retail Business District.
      2. Ambulance service.
      3. Automobile car wash.
      4. Automobile rental agencies.
      5. Automobile service stations.
      6. Candy manufacturing.
      7. Construction equipment, sales and rental, excluding heavy equipment such as bulldozers and cranes (no outdoor storage).
      8. Dental laboratory.
      9. Artificial limb manufacturer.
      10. Microchip manufacturer.
      11. Millinery and artificial flower making.
      12. Optical goods manufacturer.
      13. Perfumery.
      14. Photo engraving company.
      15. Publishing company.
      16. Truck sales and service (no outdoor service).
      17. Signs, as permitted under Chapter 53.
    2. Conditional uses.
      1. Dry cleaning establishments.
      2. Small woodworking shops.
      3. Mini-storage facility.
    3. Lot size requirements.
      1. Minimum lot area: 10,000 square feet of land.
      2. Minimum lot width: 75 feet.
      3. Minimum lot depth: 100 feet.
    4. Bulk regulations.
      1. Maximum structure height: 85 feet.
      2. Yard requirements:
        1. Front yard: 30 feet as required in section 74-245(4)b.i—iii.
        2. Side yard: The sum of the two side yards shall be not less than 20 feet, except when a side yard in this district abuts a residential district, a side yard of 25 feet shall be provided.
        3. Rear yard: 25 feet when abutting a residential district.
        4. Screening. If a lot in a commercial district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential areas.
      3. Off-street parking and loading as required in ARTICLE XII of this chapter.
    5. Use limitations.
      1. All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on premises where produced. No products produced in this district shall be of a nature that they would be classified as a permitted use in the I-1 district, except those listed in subsections (1) and (2) of this section.
      2. All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than ten percent of the total floor area may be used for outside display and sales of merchandise.
      3. Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare becomes hazardous to any traffic on any public street.
      4. No land or structure in this district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, manufacturing waste or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area, adjoining property or its owners or patrons.
      5. Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted in any required front yard.

    (Ord. No. 54, art. 4, § 4-204, 12-4-1958; Ord. No. 1377, § 1, 5-22-2000)

    Effective on: 1/1/1901

    Secs. 74-248—74-272. - Reserved.

    Effective on: 1/1/1901

    Sec. 74-273. - I-1 Light Industrial District.

    The I-1 Light Industrial District is designed to permit a broad range of industrial activities within certain limitations. The uses permitted in this district are required to be in an enclosed structure and all premises are to be landscaped according to an approved landscape plan. All walks, drives and parking areas shall be all-weather surfaced.

    1. Permitted uses.
      1. a.Any use included as a permitted use in the C-3 General Commercial District.
      2. b.Adding machine manufacturing.
      3. c.Apparel and textile manufacturing, warehousing and distribution.
      4. d.Appliance manufacturing, warehousing and distribution.
      5. e.Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
      6. f.Automobile assembly.
      7. g.Automobile wash.
      8. h.Baggage transfer, storage and warehouse.
      9. i.Bakery, wholesale.
      10. j.Beverage manufacturing, warehousing and distribution.
      11. k.Boot and shoe manufacturing.
      12. l.Business and professional office.
      13. m.Building materials yard.
      14. n.Cabinet maker.
      15. o.Canning and preserving factory.
      16. p.Carpenter shop.
      17. q.Carpet cleaning (more than five employees).
      18. r.Cleaning and pressing.
      19. s.Clock factory.
      20. t.Coffin manufacturing.
      21. u.Cold storage warehouse.
      22. v.Concrete burial vault company.
      23. w.Contractors' storage yard.
      24. x.Cosmetic manufacturing.
      25. yDairy products manufacturing, processing, warehousing and distribution.
      26. z.Dry goods, wholesale.
      27. aa.Dyeing and cleaning (more than five employees).
      28. bb.Electrical repair.
      29. cc.Electrical sign manufacturing.
      30. dd.Electronic equipment manufacturing, warehousing and distribution.
      31. ee.Enameling and painting.
      32. ff.Engraving plant.
      33. gg.Express storage and delivery stations.
      34. hh.Food products, manufacture.
      35. ii.Fruit and vegetable drying.
      36. jj.Fur warehouse.
      37. kk.Furniture warehouse storage.
      38. ll.Garage repair.
      39. mm.Grocery store, wholesale.
      40. nn.Gymnasium equipment manufacturing.
      41. oo.Hay, grain and feed sold wholesale.
      42. pp.Ice manufacturer.
      43. qq.Jewelry manufacturer.
      44. rr.Landscape contractor or landscape service business, subject to screening with solid fencing six feet in height, any portion of the premises on which equipment is parked.
      45. ss.Laundry (employing five or more persons).
      46. tt.Lime and cement warehouse.
      47. uu.Loose-leaf book manufacturer.
      48. vv.Lumber yard.
      49. ww.Mattress manufacturer.
      50. xx.Metal fabrication and assembly.
      51. yy.Mini-storage facility.
      52. zz.Miscellaneous light manufacturing.
      53. aaa.Motorcycle repair.
      54. bbb.Moving company, with storage facilities.
      55. ccc.Musical instrument manufacturing, warehousing and distribution.
      56. ddd.Newspapers, office and printing.
      57. eee.Office building on same site as an industry (factory).
      58. fff.Office equipment and supply manufacturer.
      59. ggg.Paper products manufacturing, warehousing and distribution.
      60. hhh.Pencil factory.
      61. iii.Pharmaceutical products manufacturer.
      62. jjj.Popcorn factory.
      63. kkk.Plumbing shop.
      64. lll.Printing press.
      65. mmm.Pump station.
      66. nnn.Recreational vehicle, pickup camper, camper shell, pickup cover or boat storage yards subject to screening the entire perimeter of the storage yard with solid fencing not less than six feet in height which storage yard shall not occupy any part of a required front yard.
      67. ooo.Recreational vehicle, pickup camper, camper shell, pickup cover or boat sales and service including a hard surface display yard, which yard shall not occupy any part of a required front yard.
      68. ppp.Rug cleaning.
      69. qqq.Saddlery manufacturer.
      70. rrr.Sand and gravel storage yard.
      71. sss.Screw and bolt manufacturer.
      72. ttt.Seed company (processing).
      73. uuu.Sheet metal shop.
      74. vvv.Sign painting.
      75. www.Signs as permitted by Chapter 53.
      76. xxx.Sporting goods manufacturer.
      77. yyy.Stair manufacturer.
      78. zzz.Storage warehouse.
      79. aaaa.Taxi cab storage, repair.
      80. bbbb.Telephone exchange.
      81. cccc.Telephone sub-station.
      82. dddd.Television receiving aerials serving building to which attached as limited by zoning district.
      83. eeee.Thermometer or thermostat manufacturer.
      84. ffff.Tire repair shop, recapping, etc.
      85. gggg.Transfer company, baggage storage.
      86. hhhh.Trunk manufacturer.
      87. iiii.Upholstery manufacturer.
      88. jjjj.Vehicle repair (no wrecks or salvage vehicle storage outside).
      89. kkkk.Wallpaper manufacturer.
      90. llll.Warehouse.
      91. mmmm.Watch manufacturer.
      92. nnnn.Water company appurtenances.
      93. oooo.Water proofing treatment and manufacturing.
      94. pppp.Welding shop (no salvage yard).
      95. qqqq.Wholesale produce storage and market.
      96. rrrr.Window shade manufacturer.
      97. ssss.Wire brush manufacturer.
      98. tttt.Wood products manufacturer.
    2. Conditional uses.
      1. Fuel bulk storage and distribution stations.
      2. Other manufacturing, wholesaling, warehousing and distribution uses similar in nature and extent to those permitted by section 74-273(1).
    3. Lot size requirements.
      1. Minimum lot area: 20,000 square feet of land.
      2. Minimum lot width: 100 feet.
      3. Minimum lot depth: 150 feet.
    4. Bulk regulations.
      1. Maximum structure height: 75 feet.
      2. Yard requirements:
        1. Front yard: 30 feet.
        2. Side yard: The sum of the two side yards shall be not less than 20 feet, except when a side yard in this district abuts a residential district, a side yard of 25 feet shall be provided.
        3. Rear yard: 25 feet when abutting a residential district.
        4. Screening: If a lot in an industrial district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential areas.
      3. Off-street parking and loading as required in ARTICLE XII of this chapter.
    5. Use limitations.
      1. All operations, activities and storage shall be conducted wholly inside of a building except where permitted use is specified as a yard. Provided, however, that in all cases, including yards, an office of the business in use on the property shall be provided and conducted inside a building. An area equivalent to not more than ten percent of the total floor area may be used for outside display and sales of merchandise.
      2. Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use.
      3. All premises in an I-1 district shall be furnished with all weather hard surface walks and, except for parking areas, the grounds shall be planted and landscaped according to a landscape plan which shall be filed in the zoning administrator's office.
      4. If a lot in an I-1 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses.
      5. No structure shall be used for residential purposes except that a watchman may reside on the premises. (See section 53-6 also.)
      6. Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district or upon any public street where such glare is hazardous to traffic safety.
      7. No land or structure in this district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, manufacturing waste or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area, or adjoining property or its owners or patrons.

    (Ord. No. 54, art. 4, § 4-301, 12-4-1958; Ord. No. 1169, § 1, 7-26-1993; Ord. No. 1326, § 1, 6-22-1998; Ord. No. 1377, § 1, 5-22-2000; Ord. No. 1703, § 2(4-301), 7-22-2013)

    Effective on: 1/1/1901

    Secs. 74-274—74-294. - Reserved.

    Effective on: 1/1/1901

    Condominium
    Condominium means a residential building containing two or more dwelling units which shall be separately owned in fee, and shall be owner occupied. The land on which the building is built may be owned by the owner of a condominium within the building or by an association.

    Effective on: 1/1/1901

    Condominium residential district
    Condominium residential district means a zoning district designed exclusively for owner occupied single-family, two-family and multiple-family residential use. Every condominium residential district (CRD) shall be designated for one of the following uses:

    1. Low density residential (L).
    2. Moderate density residential (M).
    3. High density residential (H).
    1. Permitted uses.
      1. Single-family dwellings.
      2. Two-family dwellings.
      3. Multiple-family dwellings.
      4. Parks and playgrounds.
      5. Accessory and temporary uses, as permitted by ARTICLE VIII of this chapter.
      6. Signs, as permitted by Chapter 53.
    2. Conditional uses.
      1. Swimming clubs, tennis clubs, golf courses and clubhouses accessory thereto. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.
      2. Group day care home, as defined in section 74-159(b).
      3. Repealed.
      4. Churches, chapels, temples and synagogues.
      5. Schools: primary, intermediate and secondary.
      6. Church offices.
      7. Day care home, as defined in section 74-159(a).
    3. Lot size requirements and bulk regulations.
      1. Low density residential. Condominium residential districts designated for low density residential use (CRD-L) shall comply with the lot size requirements and bulk regulations contained in ARTICLE III of this chapter, R-1 Single-Family Residential District, section 74-219, except that the density within the development shall not exceed 3½ units per acre.
      2. Moderate density residential. Condominium residential districts designated for moderate density residential use (CRD-M) shall comply with the lot size requirements and bulk regulations contained in ARTICLE III of this chapter, R-3 Two-Family Residential District, section 74-221.
      3. High density residential. Condominium residential districts designated for high density residential use (CRD-H) shall comply with the lot size requirements and bulk regulations contained in ARTICLE III of this chapter, R-4 Multiple-Family Residential District, section 74-222. The minimum lot size for any CRD-H development shall be not less than one acre in area.
    4. Review and approval process. All condominium residential districts shall be subject to the same review and approval procedures applicable to planned districts contained in section 74-296 b. and c.

    (Ord. No. 54, art. 4, § 4-108, 12-4-1958; Ord. No. 1780 , § 7, 4-9-2018)

    Effective on: 1/1/1901