Mishawaka City Zoning Code

ARTICLE IV

- ZONING DISTRICT REGULATION

Sec. 137-639.- Intent.

This district is designed to help preserve large tracts of land for land extensive uses which are necessary and desirable for the longterm health, use, and enjoyment of the community.

(Code 1985, § 159.175; Ord. No. 2946, 10-6-1986; Ord. No. 3256, 3-20-1989)

Sec. 137-640. - Uses.

(a)

Permitted uses. Only the following uses are permitted:

(1)

Cemeteries.

(2)

Country clubs or golf courses.

(3)

Public parks and playgrounds.

(4)

Water pumping plants.

(b)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned special S-1 district:

(1)

Airports.

(2)

Amusement parks.

(3)

Campgrounds.

(4)

Drive-in theatres.

(5)

Electrical substations.

(6)

Fair grounds.

(7)

Open air markets.

(8)

Penal or correctional institutions.

(9)

Race tracks.

(10)

Sewage treatment plants.

(11)

Stadiums and arenas.

(12)

Zoos.

(Code 1985, § 159.176; Ord. No. 2946, 10-6-1986; Ord. No. 3256, 3-20-1989)

Sec. 137-641. - Height, area, and developmental regulations.

In the special S-1 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 35 feet or 2½ stories high.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line of either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

On corner lots the usual front building setback and side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with. A ten-foot side yard is required if the property is contiguous to any residentially-zoned property.

(4)

Rear building setback. There shall be a rear building setback of not less than ten percent of the depth of the lot for a one-story building. The depth shall be increased to 15 percent of the depth of the lot for any building greater than or equal to two stories; however, the rear building setback need not exceed 30 feet in depth.

(5)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer and water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

Any lot which has been recorded in a subdivision plat or deed with the office of the county recorder prior to November 21, 1966, and which is 4,000 square feet or more in area, may be used as a building site.

No building with its accessory building shall be erected or increased in ground area so that more than 45 percent of the area of the lot will be occupied.

(6)

Off-street parking.

Ratio requirements. One per each employee, based upon the maximum employment per shift.

Construction parameters. The following shall apply to all parking lots:

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance to the principal building.

When a principal building undergoes an increase in the gross floor area, seating capacity, or number of units, the required off-street parking availability shall be increased to equal or exceed the off-street parking requirements.

All parking lots shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

All lots shall be lighted if used after sunset. Lights shall be located, shielded, and directed upon the parking lot in such a manner as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

A minimum five-foot parking lot setback shall be provided between the property line and edge of the parking lot pavement. A minimum ten-foot parking lot setback shall be provided between any public road right-of-way or private access easement and the edge of parking lot pavement. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

Public address systems shall not be permitted in any parking lot.

Parking spaces shall be a minimum of 180 square feet in area with a minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(7)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots.

(8)

Fences.

Interior lots.

No fence over seven feet in height shall be erected between the rear lot line and the front building setback line; along the front setback line between the side wall of the building and the side lot line; or along the rear lot line between the two side lot lines.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the two side lot lines; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Corner lots.

A seven-foot-high fence may be erected only along the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line. A seven-foot-high fence may be erected along the interior side lot line between the front building setback line and the rear lot line, and may be erected along the rear lot line between the interior side lot line and the intersection of the rear lot line and the exterior side building setback line, if extended. Four-foot-high fences may be erected in the exterior side yard area between the front setback line and the rear lot line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(9)

Trees. Only hardwood trees shall be planted between the curb and sidewalk in the tree lawn. No trees shall be planted in tree lawns of less than five feet in width. The spacing of trees in tree lawns shall be not less than 40 feet apart.

(10)

Signs. All signs shall conform with requirements of chapter 129.

(Code 1985, § 159.177; Ord. No. 2946, 10-6-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4576, 4-2-2001)

Sec. 137-671.- Intent.

(a)

Recognizing that there is a need for flexibility in order to meet the needs of the marketplace because of changing preference; to allow a means of keeping abreast of new land planning techniques; and to guide the orderly planning of residential, commercial, or industrial areas, the planned unit development S-2 district is hereby created.

(b)

It shall be the policy of the city to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:

(1)

A maximum choice of living environments by allowing a variety of housing and building types, and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks, and area requirements.

(2)

A more useful pattern of open space and recreation areas, and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.

(3)

A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.

(4)

A more efficient use of land than is generally achieved through conventional development, resulting in substantial savings through shorter utility lines and streets.

(5)

A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.

(Code 1985, § 159.185; Ord. No. 2947, 10-6-1986)

Sec. 137-672. - Performance criteria.

The following performance criteria shall be required of all planned unit developments and shall be addressed in the preliminary PUD petition:

(1)

All PUDs shall be equal to or greater than five acres in area.

(2)

The land use mix shall not be of such nature, or so located, so as to be detrimental upon the PUD or upon the surrounding neighborhood.

(3)

The PUD shall have direct access to collector, arterial, or thoroughfare streets.

(4)

A PUD located within a residential area shall only include residential land uses, unless the PUD exceeds 25 acres.

(5)

There shall be established a property owners association which shall adopt bylaws; the association shall hold title to all recreation, common open space, private streets, private utilities, and common areas.

(6)

All recreation, common open space, private streets, private utilities, and common areas which are part of the PUD shall be properly maintained; and adequate assessments shall be made by the property owners association to fund the perpetual maintenance of those facilities.

(7)

All utilities in the PUD shall be placed underground in recorded utility easements.

(8)

The PUD shall include a complete water system, sewer system, and paved roadway system of adequate capacity to handle the needs of the total development. If those systems are to become public property, then they shall be constructed according to the rules and regulations of the board of public works, which may be amended from time to time.

(9)

The PUD shall have adequate greenspace.

(10)

All parking and driving areas shall be properly graded, drained, and paved with a durable, dust-free surface.

(11)

There shall be stormwater drainage capacity for paved and roofed areas which shall conform to the regulations of the board of public works and safety and/or the stormwater drainage regulations.

(12)

The PUD shall be designed in such a manner as to constitute an organized, architecturally harmonious, and efficient development.

(13)

Unless the plan commission deems it necessary, the PUD shall be consistent with the comprehensive plan, which may be amended from time to time.

(14)

If the PUD is to be built in phases, all phases shall be shown.

(15)

Any land use which is specifically permitted by the PUD ordinance, but the building's location is not delineated on the final PUD site plan, shall adhere to the appropriate height, area, and developmental regulations of the most restrictive zoning district in which the use would otherwise be permitted.

(16)

The PUD ordinance, site plan, and subdivision plat shall be filed simultaneously.

(17)

Design review; development plan restrictions. This section shall apply only to new commercial development, new commercial development (separate structures) on existing sites, or total commercial redevelopment or replacement. This section shall not apply to building additions or expansions to existing buildings. All construction shall meet the requirements of chapter 105, design requirements as referenced herein, except that the plan commission shall specifically consider the context of the proposal relative to the nonconforming status of adjacent structures. The plan commission may consider the nonconforming status of adjacent structures in approving waivers in accordance with section 105-39. In accordance with section 105-4, the applicable design requirements are identified as follows:

Section 105-76, architectural materials, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. At a minimum, two-thirds of each face of the visible portions of the building must use appropriate architectural materials. The remaining third may consist of other materials as may be determined by the owner/developer of the building. Appropriate architectural materials shall be expanded to include glass, exterior insulation and finish systems (EIFS), decorative concrete block and similar masonry units, painted/stained lap wood siding, and other high-quality materials as may be deemed appropriate by the plan commission. Metal siding and standard concrete block exterior finishes shall be considered inappropriate architectural materials. The color of all exterior architectural finishes shall meet the requirements of section 105-77 as supplemented in subsection (17)b of this section.

Section 105-77, architectural color and textures, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. Appropriate colors and textures may be expanded to include bold and contrasting colors subject to the review and approval of the plan commission in accordance with the established intent of the ordinance as documented by section 105-2.

Section 105-108, mechanical equipment.

Section 105-109, vending machines and newsracks. This requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.186; Ord. No. 2947, 10-6-1986; Ord. No. 4584, 5-7-2001)

Sec. 137-673. - Procedures for approval.

The following procedures shall be adhered to in order to obtain PUD approval:

(1)

A preliminary PUD and the requisite fees shall be filed with the staff of the department of city planning.

(2)

The city plan commission shall hold a public hearing on the preliminary PUD, and within 30 days refer the preliminary PUD to the city council with a recommendation.

(3)

The city council shall hold a public hearing in order to approve, approve with modifications, or deny the preliminary PUD, and refer the approved preliminary PUD to the city plan commission for final PUD approval.

(4)

If the final PUD meets the provisions of the approved preliminary PUD, the city plan commission shall approve the final PUD without holding a public hearing.

(5)

The approved PUD shall then be recorded at the office of the county recorder by the staff of the department of city planning within ten days after final approval, and all recording fees shall be paid by the developer.

(Code 1985, § 159.187; Ord. No. 2947, 10-6-1986)

Sec. 137-674. - Preliminary PUD.

At the time of filing a PUD ordinance, a preliminary site plan shall also be filed. The preliminary PUD site plan shall include the following:

(1)

Legal description.

(2)

Property boundary lines with dimensions.

(3)

North arrow.

(4)

Scale of not less than one inch equals 100 feet.

(5)

Vicinity map showing surrounding streets.

(6)

Location, size, height, and setback, if buildings are proposed.

(7)

Floor area ratio.

(8)

Location of parking lots with setbacks from property boundaries.

(9)

Parking ratio for each differing land use.

(10)

Location and width of all streets and sidewalks.

(11)

Curb cut location and width.

(12)

Existing curb cut approaches, street intersections, and traffic hazards within 100 feet of property boundaries.

(13)

Delineation of all phases.

(Code 1985, § 159.188; Ord. No. 2947, 10-6-1986)

Sec. 137-675. - Final PUD.

At the time of filing for final PUD approval with the plan commission, the following shall also be included on the final PUD site plan:

(1)

Building facade rendering.

(2)

Landscape buffering location, height and materials.

(3)

Proposed property landscape features.

(4)

Security lights location and height.

(5)

All signs shall conform with requirements of chapter 129.

(6)

Finish topographic elevations on a uniform grid using United States Geodetic Survey (U.S.G.S.) datum.

(7)

Location and capacity calculations of storm drainage facilities.

(8)

Location and capacity calculations of water service facilities.

(9)

Location and capacity calculations of sewer facilities.

(10)

Location and capacity calculations of electric facilities.

(11)

Location of fire protection facilities.

(12)

Curb cut slope and return radii.

(13)

Legal description of all rights-of-way and easements to be accepted by the board of public works.

(14)

Sufficient additional data as may be required by the plan commission or city council subsequent to the approved preliminary site plan.

(Code 1985, § 159.189; Ord. No. 2947, 10-6-1986; Ord. No. 3363, 3-19-1990)

Sec. 137-676. - Time limits.

(a)

If after one year from the date of approval of the preliminary PUD by the city council, the developer has not obtained final PUD approval from the plan commission, the property shall automatically revert to residential R-1 district zoning. The preliminary PUD may be continued for one 12-month extension if approved by the plan commission.

(b)

If after one year from the date of approval of the final PUD by the plan commission, the developer has not obtained building permits, the property shall automatically revert to residential R-1 district zoning. The final PUD may be continued for one 12-month extension if approved by the plan commission.

(Code 1985, § 159.190; Ord. No. 2947, 10-6-1986)

Sec. 137-677. - Zoning designation binding successors in interest.

Whenever a tract of land has been designated as a planned unit development, that zoning designation shall continue in effect irrespective of subsequent changes in ownership, whether all of or a portion of the designated tract; and the uses and regulations of that zoning shall bind and be applicable to any successors in interest to those who were the owners of that tract at the time this zoning was imposed upon that real estate.

(Code 1985, § 159.191; Ord. No. 2947, 10-6-1986)

Sec. 137-678. - Effective date.

Sections 137-671 through 137-677, as amended on October 23, 1986, shall apply to PUD's for which the preliminary PUD was filed after October 23, 1986. Any real property development within a PUD for which the preliminary PUD was filed before that date shall continue to be governed in all respects by the PUD regulations in effect on the date the preliminary PUD was submitted.

(Code 1985, § 159.192; Ord. No. 2947, 10-6-1986)

Sec. 137-679. - Nonsubstantial changes to an approved planned unit development.

(a)

In order to provide a limited amount of flexibility after a PUD has received approval and been recorded, and in order to decrease time delays for the developer, the city planner may approve nonsubstantial changes to a PUD site plan.

(b)

A nonsubstantial change is a change to the developmental requirements of a specific PUD site plan which does not alter the overall site plan, does not alter the approved list of permitted uses, does not alter the list of required infrastructure to be constructed, and does not alter the plans and specifications of the required infrastructure.

(c)

Nonsubstantial changes to developmental requirements such as setbacks, number of lots, number of parking spaces, building facades, building size, etc., shall be permitted, but only to the extent of five percent or less of the original requirement. In no case shall a nonsubstantial change deviate from any other requirement of any other city ordinance, state statute, or federal code.

(d)

The developer shall submit a revised PUD site plan to the city planner with proposed nonsubstantial changes. Upon approval of the nonsubstantial changes to the PUD site plan, the staff of the department of city planning shall record the PUD at the office of the county recorder within ten days, and all recording fees shall be paid by the developer.

(Code 1985, § 159.193; Ord. No. 4020, 2-20-1996)

Sec. 137-164. - Intent.

The residential R-1 district is designed for detached single-family dwellings on individual lots, and vacant land which is to be developed for detached single-family residential neighborhoods. The regulations are designed to keep single-family residential neighborhoods stable and to provide a suitable environment for family living.

(Code 1985, § 159.025; Ord. No. 2875, 4-7-1986)

Sec. 137-165. - Uses.

(a)

Permitted uses.

(1)

Detached single-family dwellings.

(2)

Churches, synagogues, and similar places of worship. Rescue missions or temporary revival tents are not permitted.

(3)

Elementary and high schools, private parks and playgrounds, public libraries, private or community swimming pools, community recreational buildings, colleges, universities, and accessory buildings incidental to these uses, including athletic fields.

(4)

Customary agricultural operations (truck farming); provided, however, that no storage of manure will be permitted within 1,000 feet of any property line.

(5)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(6)

Permitted accessory uses located on the same lot with the permitted principal use shall be limited to the following:

Private garages.

Customary home occupations, professional offices or day nurseries conducted by the resident only; provided that there be no external evidence of that use except a professional sign not over one square foot in area attached to an outside wall and flush mounted. No electrical signs shall be permitted.

All signs shall conform with the requirements of chapter 129.

(7)

Adult care home.

(8)

Child care home.

(b)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned R-1 single-family residential district: Nursing facility.

(Code 1985, § 159.026; Ord. No. 2875, 4-7-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3614, 8-3-1992; Ord. No. 3686, 5-3-1993; Ord. No. 3838, 6-20-1994)

Sec. 137-166. - Height, area, and developmental regulations.

In the residential R-1 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per single-family dwelling shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 35 feet or 2½ stories.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

On corner lots the usual front building setback and side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the building width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

Rear building setback. There shall be a rear building setback of not less than 25 feet in depth. In the case of a through lot, no rear building setback is required, but each street frontage shall be subject to the front building setback requirements of this section.

(5)

Accessory buildings.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided that, the accessory buildings come no nearer than 30 inches to any rear lot line or side lot line. Additionally, accessory buildings shall not be greater than 720 square feet in floor area.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line, 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line, 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line, 15,000 square feet.

No building with its accessory buildings shall be erected or increased in ground area so that more than 45 percent of the area of the lot will be occupied.

(7)

Off-street parking requirements.

Ratio requirements.

Single-family dwellings, two per residential unit.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Elementary schools, two per classroom, based upon design capacity.

High schools, one per five students, based upon design capacity.

Public libraries, two per 1,000 square feet of gross floor area.

Community swimming pools, ten per 1,000 square feet of water area.

Community recreation buildings, two per 1,000 square feet of gross floor area.

Colleges and universities, one per five students, based upon design capacity.

Construction parameters. The following shall apply to all parking lots, excluding single-family driveways:

All lots shall be lighted if used after sunset. Lights shall be so located, shielded, and directed upon the parking lot as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

Public address systems shall not be permitted in any parking lot.

Parking spaces shall be a minimum of 180 square feet in area, with a minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

Vision clearance. No structure, fence, hedge, or other plantings with a height in excess of 36 inches above the ground shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting right-of-way. There shall be a complete vision clearance from 36 inches above the ground to not less than ten feet above the ground on all corner lots. Any fence located within the ten-foot radius shall have a minimum of 75 percent of its surface open to permit visibility through it.

(9)

Fences.

Interior lots.

Corner lots.

A seven-foot-high fence may be erected only on the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line. A seven-foot-high fence may be erected along the interior side lot line between the front building setback line and the rear lot line, and may be erected along the rear lot line between the interior side lot line and the intersection of the rear lot line and the exterior side building setback line, if extended. Four-foot-high fences may be erected in the exterior side yard area between the front setback line and the rear lot line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Prohibited fencing. Electrified fencing, barbed wire, and razor wire or the equivalents under whatever name or designation shall be prohibited.

(10)

(Code 1985, § 159.027; Ord. No. 2875, 4-7-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3064, 7-20-1987; Ord. No. 3297, 8-7-1989; Ord. No. 3662, 3-1-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001)

Sec. 137-186. - Intent.

The residential R-2 district is designed for duplex or two-family units so as to ensure their proper location in terms of the social and economic requirements of the community, the need for duplex or two-family units, the effect of two-family units on the value of adjacent residential areas, and the ability of the city, now and in the future, to provide the additional services that may be required in duplex or two-family areas.

(Code 1985, § 159.035; Ord. No. 2876, 4-7-1986; Ord. No. 3263, 4-17-1989)

Sec. 137-187. - Uses.

(a)

Permitted uses.

(1)

Two-family dwellings or duplex dwellings.

(2)

Churches, synagogues, and similar places or worship. Rescue missions or temporary revival tents are not permitted.

(3)

Elementary and high schools, private parks and playgrounds, public libraries, private or community swimming pools, community centers, community recreational buildings, colleges, universities, and accessory buildings incidental to these uses, including athletic fields.

(4)

Customary agricultural operations (truck farming); provided, however, that no storage of mature will be permitted within 1,000 feet of any property line.

(5)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(6)

Permitted accessory uses located on the same lot with the permitted principal use shall be limited to the following:

Private garages.

Customary home occupations, professional offices or day nurseries conducted by the resident only; provided that there be no external evidence of such use except a professional sign not over one square foot in area attached to an outside wall and flush mounted. No electrical signs shall be permitted.

Signs pertaining to the lease or sale of a lot or building may be placed thereon, provided that the total area of all the signs does not exceed eight square feet. No electrical signs shall be permitted.

(7)

Detached single-family dwellings.

(8)

Adult care home.

(9)

Child care home.

(b)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned R-2 two-family residential district: Nursing facility.

(Code 1985, § 159.036; Ord. No. 2876, 4-7-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3614, 8-3-1992; Ord. No. 3686, 5-3-1993; Ord. No. 3838, 6-20-1994)

Sec. 137-188. - Height, area, and developmental regulations.

In the residential R-2 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per family shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 35 feet or 2½ stories.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

On corner lots the usual front building setback and side building setback regulations shall apply. The exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of passage of the ordinance from which this section is derived to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

(5)

Accessory buildings.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided the accessory buildings come no nearer than 30 inches to any rear lot line or side lot line. Additionally, accessory buildings shall not be greater than 720 square feet in floor area.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line, 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line, 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line, 15,000 square feet.

No building with its accessory buildings shall be erected or increased in ground area so that more than 45 percent of the area of the lot will be occupied.

(7)

Off-street parking requirements.

Ratio requirements.

Single-family, two-family, or duplex dwellings: two per residential unit.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Elementary schools, two per classroom, based upon design capacity.

High schools, one per five students, based upon design capacity.

Public libraries, two per 1,000 square feet of gross floor area.

Community swimming pools, ten per 1,000 square feet of water area.

Community center, two per 1,000 square feet of gross floor area.

Community recreation buildings, two per 1,000 square feet of gross floor area.

Colleges and universities, one per five students, based upon design capacity.

Construction parameters. The following shall apply to all parking lots, excluding two-family dwellings or duplex dwellings, and detached single-family dwelling driveways:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

(9)

Fences.

Interior lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line or along the front lot line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Prohibited. Electrified fencing, barbed wire, and razor wire or the equivalents under whatever name or designation shall be prohibited.

(10)

(Code 1985, § 159.037; Ord. No. 2876, 4-7-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3064, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3662, 3-1-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001)

Sec. 137-215. - Intent.

The residential R-3 district is designed to accommodate higher density multiple unit residential areas so as to ensure their proper location in terms of the social and economic requirements of the community, the need for multiple unit residential buildings, the effect of multiple unit residential uses on the value of adjacent areas, and the ability of the municipality, now and in the future, to provide the additional services which may be required for higher density multiple unit residential areas.

(Code 1985, § 159.045; Ord. No. 2893, 6-2-1986)

Sec. 137-216. - Uses.

Only the following uses are permitted:

(1)

Apartment complex.

(2)

Apartment house.

(3)

Nursing facility.

(4)

Health facility.

(5)

Clinics for humans.

(6)

Personal service shops. Personal service shops may be permitted when designed as a structural component of one high-density multiple unit residential building of at least 100 dwelling units, provided that the total shop area does not exceed 5,000 square feet, and that all personal service uses are below the first story ceiling, limited to the following uses:

Pre-school.

Day care center.

Barbershop.

Beauty shop.

Self-service laundry facilities.

Bank, savings and loan, credit union.

Private community center.

Pharmacy.

Dry cleaning, pickup and delivery station.

Postal substation.

Travel bureau.

(7)

Churches, synagogues, and similar places of worship. Rescue missions or temporary revival tents are not permitted.

(8)

(9)

Customary agricultural operations (truck farming); provided, however, that no storage of manure will be permitted within 1,000 feet of any property line.

(10)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(11)

Adult day care center.

(12)

Permitted accessory uses located on the same lot with the permitted principal use shall be limited to the following:

Private garages.

Customary home occupations or professional offices conducted by the resident only; provided that there be no external evidence of the use except a professional sign not over one square foot in area attached to an outside wall and flush mounted. No electrical signs shall be permitted.

All signs shall conform with requirements of chapter 129.

(13)

Two-family dwellings or duplex dwellings.

(Code 1985, § 159.046; Ord. No. 2893, 6-2-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3686, 5-3-1993; Ord. No. 3838, 6-20-1994; Ord. No. 4020, 2-20-1996)

Sec. 137-217. - Height, area, and developmental regulations.

In the residential R-3 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per multiunit dwelling shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 120 feet or ten stories in height.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

Interior lots.

A side building setback shall not be less than five feet in width as measured from the facia board or parapet to the side lot line.

For buildings greater than 35 feet or 2½ stories in height, the minimum width of each side building setback shall be increased by a total of five feet for each additional one story in height.

Corner lots.

On corner lots the front building setback and interior side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the required front building setback.

Accessory structures shall not be permitted within the established exterior side building setback areas.

(4)

Rear building setback.

For buildings up to 2½ stories or 35 feet in height there shall be a rear building setback on every lot, and that setback shall have a minimum depth of not less than 25 feet.

For buildings greater than 35 feet or 2½ stories in height, the minimum rear building setback shall be increased by five feet for each additional one story in height; provided that the rear building setback need not exceed 50 feet in depth.

In the case of a through lot, no rear building setback is required, but each street frontage shall be subject to the front building setback requirements of this section.

(5)

Accessory buildings. Accessory buildings not over 15 feet in height may be located in the rear building setback area, provided the accessory buildings come no nearer than five feet to any rear lot line or interior side lot line. Accessory buildings shall not be permitted within the exterior side building setback area. No accessory building shall be used in whole or part for industrial or commercial purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

_____

Every lot upon which a four- or more unit apartment building is erected or structurally altered in the residential R-3 district shall have a minimum width of at least 90 feet as measured at the front lot line, and shall have a lot area of not less than 10,000 square feet. The lot area requirements shall be determined by using the arithmetic average number of bedrooms per unit, and then applying that arithmetic average to the following table; in no case shall the minimum lot area be less than 10,000 square feet:

Average number of bedrooms per unit	Minimum (square feet)
Less than 1.5 bedrooms	1,500
Between greater than or equal to 1.5 and less than 2.5 bedrooms	2,500
Between greater than or equal to 2.5 and less than 3.5 bedrooms	4,000
Greater than or equal to 3.5 bedrooms	5,000

_____

No building with its accessory buildings shall be erected or increased in ground area so that more than 60 percent of the area of the lot will be occupied.

(7)

Off-street parking requirements.

Ratio requirements.

Apartment complex and apartment house, 1½ per residential unit.

Convalescent homes, nursing homes, homes for the aged, one per 1,000 square feet of gross floor area.

Clinics for humans, four per 1,000 square feet of gross floor area.

Personal service shops, four per 1,000 square feet of gross floor area.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Elementary schools, two per classroom, based upon design capacity.

High schools, one per five students, based upon design capacity.

Public libraries, two per 1,000 square feet of gross floor area.

Private or community swimming pools, ten per 1,000 square feet of water area.

10.

Community recreation buildings, two per 1,000 square feet of gross floor area.

11.

Colleges and universities, one per five students, based upon design capacity.

Construction parameters. The following shall apply to all parking lots:

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance.

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

(9)

Fences.

Interior lots.

No fence over four feet in height shall be erected between the front building setback line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Prohibited fencing. Electrified fencing, barbed wire, and razor wire or the equivalents under whatever name or designation shall be prohibited.

(10)

(Code 1985, § 159.047; Ord. No. 2893, 6-2-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3064, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3662, 3-1-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4576, 4-2-2001)

Sec. 137-243. - Intent.

The residential R-4 district is designed to provide a healthy and attractive atmosphere for detached single-unit, manufactured home parks. The regulations are designed to keep these areas stable and to promote a suitable environment for family living.

(Code 1985, § 159.055; Ord. No. 2894, 6-2-1986)

Sec. 137-244. - Uses.

Only the following uses are permitted:

(1)

Detached single-family type II or type III manufactured dwellings.

(2)

Churches, synagogues, and similar places of worship. Rescue missions or temporary revival tents are not permitted.

(3)

(4)

Customary agricultural operations (truck farming); provided, however, that no storage of manure will be permitted within 1,000 feet of any property line.

(5)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(6)

Permitted accessory uses located on the same lot with the permitted principal use shall be limited to the following:

Private garages.

All signs shall conform with requirements of chapter 129.

(7)

One permanent building for each 100 manufactured homes, of not more than 5,000 square feet, may be erected, which is necessary for management offices, self-service laundry, or maintenance use, only when designed as an integral part of a manufactured home park.

(Code 1985, § 159.056; Ord. No. 2894, 6-2-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3363, 3-19-1990)

Sec. 137-245. - Height, area, and developmental regulations.

In the residential R-4 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per detached single-family manufactured dwelling shall be as follows:

(1)

Height. No manufactured dwelling hereafter erected or structurally altered shall exceed 15 feet as measured from the finished grade.

(2)

Front building setback. There shall be a minimum front building setback of not less than 20 feet.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

On corner lots the usual front building setback and side building setback regulations shall apply. However, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

(5)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a manufactured dwelling is erected or structurally altered shall have a minimum frontage of 40 feet at the front lot line and a minimum area of 4,000 square feet.

No building with its accessory buildings shall be erected or increased in ground area so that more than 50 percent of the area of the lot will be occupied.

(7)

Off-street parking requirements.

Ratio requirements.

Detached single-family, type II or type III manufactured dwellings, two per residential unit.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Elementary schools, two per classroom, based upon design capacity.

High schools, one per five students, based upon design capacity.

Public libraries, two per 1,000 square feet of gross floor area.

Community swimming pools, ten per 1,000 square feet of water area.

Community recreation buildings, two per 1,000 square feet of gross floor area.

Colleges and universities, one per five students, based upon capacity.

One permanent building for each 100 manufactured homes, two per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots, excluding detached single-family type II or type III manufactured dwelling driveways:

A parking lot shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

(9)

Fences.

Interior lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Prohibited fencing. Electrified fencing, barbed wire, and razor wire or the equivalents under whatever name or designation shall be prohibited.

(10)

(Code 1985, § 159.057; Ord. No. 2894, 6-2-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3064, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3662, 3-1-1993; Ord. No. 3698, 6-21-1993; Ord. No. 4576, 4-2-2001)

Sec. 137-300. - Intent.

The purpose of this general commercial district is to provide convenient retail and service establishments for the day-to-day needs of a large area with minimum impact on surrounding residential areas. This district is designed to provide for freestanding commercial uses which require limited comparison shopping. Customers usually arrive by automobile, making a separate stop for each errand.

(Code 1985, § 159.065; Ord. No. 2930, 9-2-1986)

Sec. 137-301. - Uses.

(a)

Permitted uses. Only the following uses are permitted:

(1)

Adult day care center.

(2)

Animal hospitals.

(3)

Animal kennels.

(4)

Animal veterinarians.

(5)

Antique shops.

(6)

Appliance sales and services.

(7)

Art galleries.

(8)

Art supply stores.

(9)

Assembly hall.

(10)

Auctions.

(11)

Automobile accessory shops.

(12)

Automobile leasing offices.

(13)

Bait shops.

(14)

Bakery shops.

(15)

Ballrooms.

(16)

Banks, savings and loans, credit unions, and loan offices.

(17)

Barbershops and beauty shops.

(18)

Bed and breakfasts.

(19)

Beverage stores.

(20)

Bicycle sales and service.

(21)

Book and stationery stores.

(22)

Bowling alleys.

(23)

Candy stores.

(24)

Carry-out restaurants.

(25)

Cafeterias.

(26)

Catering services.

(27)

Ceramic tile sales.

(28)

Churches, synagogues, and similar places of worship.

(29)

Clothing and apparel stores.

(30)

Clubs and lodges.

(31)

Coin-operated laundries.

(32)

Colleges and universities.

(33)

Community centers, private or public.

(34)

Community welfare or health centers.

(35)

Comprehensive car care centers.

(36)

Computer sales.

(37)

Confectionery stores.

(38)

Controlled uses as defined in section 137-4.

(39)

Convents or rectories.

(40)

Dairy stores.

(41)

Dance schools.

(42)

Day nurseries or day care centers.

(43)

Delicatessens.

(44)

Department stores.

(45)

Design studios.

(46)

Detective agencies.

(47)

Driving schools.

(48)

Drug stores.

(49)

Dry cleaning, pick up and delivery.

(50)

Eating and drinking establishments without drive-in or drive-through service.

(51)

Floor covering sales.

(52)

Florist shops.

(53)

Furnace and air conditioning sales and service.

(54)

Funeral homes and mortuaries.

(55)

Furniture stores.

(56)

Game arcade and pool hall or billiard hall.

(57)

Glass sales.

(58)

Gift shops.

(59)

Grocery and food stores.

(60)

Governmental buildings.

(61)

Gymnasiums and gymnastic schools.

(62)

Handicraft shops.

(63)

Hardware stores.

(64)

Health clubs.

(65)

Health facility.

(66)

Hobby shops.

(67)

Home improvement retail stores.

(68)

Hospitals.

(69)

Hotels.

(70)

Household pest extermination shops.

(71)

Ice cream shops.

(72)

Janitorial offices.

(73)

Jewelry stores.

(74)

Laundries, pick up and delivery.

(75)

Lawn mower sales and service.

(76)

Libraries.

(77)

Liquor stores.

(78)

Locksmiths.

(79)

Marine accessory shops.

(80)

Medical clinics.

(81)

Medical laboratories.

(82)

Motels.

(83)

Motor bus terminals.

(84)

Motorcycle accessory shops.

(85)

Museums.

(86)

Music stores.

(87)

Newspaper offices.

(88)

Nursing facility.

(89)

Office buildings.

(90)

Office supply and equipment sales.

(91)

Offices.

(92)

Optical shops.

(93)

Paint, wallpaper, and decorating stores.

(94)

Parking garages.

(95)

Parking lots.

(96)

Personal service establishments.

(97)

Pet shops.

(98)

Philanthropic institutions.

(99)

Photocopy duplicating shops.

(100)

Photographic studios.

(101)

Photography supplies, equipment, and photofinishing.

(102)

Pool and billiard supplies.

(103)

Post offices.

(104)

Printing shops.

(105)

Private parks and playgrounds.

(106)

Professional offices:

Advertising agencies.

Accountants.

Architects.

Attorneys.

Chamber of commerce.

Chiropractors.

City planning.

Dentists.

Engineering consultants.

Government.

Health agencies.

Insurance agencies.

Interior decorating.

Labor organization.

Manufacturing agent.

Market research.

Mortgage brokers.

Music instructors.

Optometrists.

Osteopaths.

Personnel management counselors.

Physicians and surgeons.

Podiatrists.

Public relations.

Real estate brokers.

Social service organizations.

aa.

Stock and bond brokers.

(107)

Publishers.

(108)

Radio or television studios.

(109)

Railway stations.

(110)

Required off-street parking.

(111)

Restaurants without drive-in or drive-through service.

(112)

Retail stores.

(113)

Schools, public, parochial, or business.

(114)

Shoe repair shops.

(115)

Shoe stores.

(116)

Social service organizations.

(117)

Sporting goods stores.

(118)

Storm window and storm door sales.

(119)

Studios: art, music, ceramics, drama, speech, dance, and similar skills.

(120)

Tailoring and alterations.

(121)

Tanning salons.

(122)

Taxicab dispatching.

(123)

Taxidermy services.

(124)

Tire sales and service.

(125)

Tobacco stores.

(126)

Transit transfer centers.

(127)

Travel agencies.

(128)

Union halls.

(129)

Upholstery shops.

(130)

Utility offices.

(131)

Vending machine sales and service.

(132)

Water softener sales and service.

(133)

One temporary building for the construction industry which is incidental to erection of the buildings permitted by this section.

(134)

Customary agricultural operations (truck farming); provided, however, that no storage of manure will be permitted within 1,000 feet of any property line.

(b)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned C-1 general commercial district:

(1)

Bingo hall.

(2)

Branding establishment; provided, however, that it is at least 750 feet away from any residentially zoned or legal nonconforming residential property, public and private elementary, middle or high school, parks and churches as measured by a line between the nearest lot line of the branding establishment.

(3)

Scarifying establishment; provided, however, that it is at least 750 feet away from any residentially zoned or legal nonconforming residential property, public and private elementary, middle or high school, parks and churches as measured by a line between the nearest lot line of the scarifying establishment.

(4)

Tattoo establishment; provided, however, that it is at least 750 feet away from any residentially zoned or legal nonconforming residential property, public and private elementary, middle or high school, parks and churches as measured by a line between the nearest lot line of the tattoo parlor.

(Code 1985, § 159.066; Ord. No. 2930, 9-2-1986; Ord. No. 3256, 3-20-1989; Ord. No. 3270, 5-1-1989; Ord. No. 3466, 3-4-1991; Ord. No. 3686, 5-3-1993; Ord. No. 3698, 6-21-1993; Ord. No. 4020, 2-20-1996; Ord. No. 4078, 8-5-1996; Ord. No. 4098, 10-7-1996; Ord. No. 4303, 8-17-1998; Ord. No. 4568, 2-20-2001)

Sec. 137-302. - Height, area, and developmental regulations.

In the commercial C-1 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed three stories or 48 feet in height.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

(4)

(5)

Accessory buildings.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided the accessory buildings come not nearer than 30 inches to any rear lot line or side lot line. Additionally, accessory buildings shall not be greater than 720 square feet in floor area.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

No building with its accessory building shall be erected or increased in ground area so that more than 75 percent of the area of the lot will be occupied.

(7)

Off-street parking.

Ratio requirements.

Ballrooms, two per 1,000 square feet of gross floor area.

Bowling alley, five per alley.

Carry-out restaurants, ten per 1,000 square feet of gross floor area.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Colleges and universities, one per five students, based upon design capacity.

Convents and rectories, one per 1,000 square feet of gross floor area.

Eating and drinking establishments, ten per 1,000 square feet of gross floor area.

Libraries, two per 1,000 square feet of gross floor area.

Hotels/motels: one parking space per room, one parking space per employee based on the maximum employment level per shift, one parking space per 150 square feet in conference or convention rooms, and ten parking spaces per 1,000 square feet of eating and drinking space.

10.

Bed and breakfast: one parking space per room, and two parking spaces for the resident/owners.

11.

Assembly halls, one per every three persons based upon the maximum design capacity.

12.

All other uses, four per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

(9)

Fences.

Interior lots.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(10)

(11)

Signs. All signs shall conform with requirements of chapter 129.

(12)

Screening. An opaque seven-foot fence shall be mandatory along any commercial C-1 property line which is contiguous to any residentially zoned property. The fence shall be designed to provide security and also to contain paper products and debris within the property.

(13)

School separation. No game arcade and/or pool hall or billiard hall shall be permitted to be placed within 750 feet of any school as measured by a line between the nearest lot line of the school lot and the nearest lot line of the game arcade and/or pool hall or billiard hall.

(14)

Section 105-108, mechanical equipment.

Section 105-109, vending machines and newsracks, this requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.067; Ord. No. 2930, 9-2-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3466, 3-4-1991; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4020, 2-20-1996; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)

Sec. 137-303. - Controlled uses.

(a)

In order to prevent the development of a blighted area, no building or premises may be used and no building may be erected, moved, structurally altered, or enlarged for any controlled use, if such building or premises is located within 1,000 feet of any two controlled uses, as such use is defined in section 137-4.

(b)

No building or premises may be used and no building may be erected, moved, structurally altered, or enlarged for any adult business use within, or within 500 feet of, any of the following use districts:

(1)

In the City of Mishawaka:

Residential R-1 district;

Residential R-2 district;

Residential R-3 district;

Residential R-4 district;

Commercial C-2 district;

Planned unit development S-2 district; or

(2)

In the City of South Bend:

A residence district;

A-1 residence district;

A-2 planned residential development district;

A-3 high priority residential office and professional district;

B residence district;

B-1 residence district;

C-1 commercial, limited use district;

C-2 planned shopping center district.

(3)

In St. Joseph County:

C-2 planned shopping center district;

R single-family residence;

R-1 mobile home park;

R-2 multifamily.

(Code 1985, § 159.068; Ord. No. 3160, 5-6-1988; Ord. No. 3703, 6-21-1993)

Sec. 137-325. - Intent.

The commercial C-2 shopping center district is established to promote the grouping of contiguous buildings, stores, offices and other uses on a lot in a manner which constitutes an organized, architecturally harmonious, efficient, and convenient shopping center, and to provide a means for permitting the establishment of such centers as part of the development of the city. The commercial C-2 district is created in order to secure in such a facility, traffic safety through provision for proper traffic routing and automobile parking, control of traffic on public streets through provision for adequate off-street parking and off-street loading, and protection of the surrounding neighborhood and promotion of the general welfare of the city. Commercial developments which contain any combination of three or more contiguous uses from section 137-326 shall constitute a shopping center and shall be zoned commercial C-2 district.

(Code 1985, § 159.075; Ord. No. 2915, 8-4-1986; Ord. No. 3698, 6-21-1993)

Sec. 137-326. - Uses.

(a)

Permitted uses. Only the following uses are permitted:

(1)

Antique shops.

(2)

Appliance sales and service.

(3)

Art galleries.

(4)

Art supply stores.

(5)

Automobile leasing offices.

(6)

Bakery shops.

(7)

Banks, savings and loans, credit unions, and loan offices.

(8)

Barbershops and beauty shops.

(9)

Bicycle sales and service.

(10)

Book and stationery stores.

(11)

Candy stores.

(12)

Ceramic tile sales.

(13)

Clothing alteration shops.

(14)

Coin-operated laundries.

(15)

Colleges and universities.

(16)

Confectionery stores.

(17)

Custom tailoring shops.

(18)

Delicatessens.

(19)

Department stores.

(20)

Drug stores.

(21)

Dry cleaning, pick up and delivery.

(22)

Florist shops.

(23)

Furniture stores.

(24)

Game arcade and pool hall or billiard hall.

(25)

Grocery stores and food supermarkets.

(26)

Gymnasiums.

(27)

Hardware stores.

(28)

Hobby shops.

(29)

Indoor golf.

(30)

Jewelry stores.

(31)

Libraries.

(32)

Liquor stores.

(33)

Locksmiths.

(34)

Marine accessory shops.

(35)

Medical clinics.

(36)

Museums.

(37)

Music stores.

(38)

Office supply and equipment stores.

(39)

Optical shops.

(40)

Paint, wallpaper and decorating stores.

(41)

Parking garages.

(42)

Photocopy duplicating shops.

(43)

Photographic studios.

(44)

Photography supplies, equipment and photofinishing.

(45)

Professional offices:

Advertising agencies.

Accountants.

Architects.

Attorneys.

Chamber of commerce.

Chiropractors.

City planning.

Dentists.

Engineering consultants.

Government.

Health agencies.

Insurance agencies.

Interior decorating.

Labor organization.

Manufacturing agent.

Market research.

Mortgage brokers.

Music instructors.

Optometrists.

Osteopaths.

Personnel management counselors.

Physicians and surgeons.

Podiatrists.

Public relations.

Real estate brokers.

Social service organizations.

aa.

Stock and bond brokers.

(46)

Restaurants, without drive-in or drive-through service.

(47)

Retail stores.

(48)

Sporting goods stores.

(49)

Tanning salons.

(50)

Theatres, enclosed.

(51)

Tire sales and service.

(52)

Tobacco stores.

(53)

Travel agencies.

(54)

Customary agricultural operations (truck farming); provided, however, that no storage of manure will be permitted within 1,000 feet of any property line.

(55)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(b)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned C-2 shopping center commercial district: Bingo hall.

(Code 1985, § 159.076; Ord. No. 2915, 8-4-1986; Ord. No. 3466, 3-4-1991; Ord. No. 3698, 6-21-1993; Ord. No. 4078, 8-5-1996; Ord. No. 4568, 2-20-2001)

Sec. 137-327. - Height, area, and development regulations.

In the commercial C-2 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per shopping center shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed two stories or 35 feet in height.

(2)

Setbacks. There shall be a 50-foot building setback from all property lines.

(3)

Minimum lot area and maximum intensity of use.

Every parcel of land in which a new shopping center is erected shall have a minimum of 200 feet in width as measured at the front lot line and an area of not less than two acres.

No center shall be erected or structurally altered in ground floor area so that more than 25 percent of the area of the lot will be occupied.

(4)

Off-street parking.

Ratio requirements.

Colleges and universities, one per five students, based upon design capacity.

Libraries, two per 1,000 square feet of gross floor area.

Restaurants, ten per 1,000 square feet of gross floor area.

Theaters, enclosed, one per three seats.

All other uses, five per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots:

A minimum 25-foot parking lot setback shall be provided between the property line and/or public road right-of-way and edge of the parking lot pavement. Where adjacent to public road right-of-way, excepting limited-access highways, this area shall be bermed/mounded a minimum of three-feet above the elevation of the adjacent roadway pavement measured at the centerline. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(5)

Off-street loading. At least one off-street loading or unloading berth shall be provided in the ratio of one berth per 25,000 square feet of gross floor area, including basement storage space. Each berth shall be at least ten feet by 45 feet with a 14-foot vertical clearance. The required berth shall be suitably graded, drained, and paved with a durable, dust-free hard surface.

(6)

(7)

Fences and landscape screening.

A seven-foot fence shall be mandatory along any shopping center property line which is contiguous to any residentially-zoned property. The fence shall be designed to provide security, and also to contain paper products and debris within the shopping center property.

Along any shopping center property line which is contiguous to any residentially-zoned property, the area between the property line and the required parking lot setback shall be sodded, planted, and landscaped with at least six-foot-high bushes, shrubs, or trees in order to form a permanent opaque, landscaped screen.

(8)

(9)

Signs. All signs shall conform with requirements of chapter 129.

(10)

Section 105-108, mechanical equipment.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.077; Ord. No. 2915, 8-4-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3066, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3698, 6-21-1993; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)

Sec. 137-358. - Intent.

The commercial C-3 district is designed for the city center, which is usually comprised of retail, service, cultural, high-density residential, and government uses. The city center is the focal point of the community and comprises a relatively small, geographically-centered, and wholly contiguous core area. Typically, the city center services the entire community by providing a diversity of complementary and compatible land uses. Outside storage, display, or sales shall not be permitted outside a completely enclosed, substantially constructed, and weathertight building.

(Code 1985, § 159.085; Ord. No. 2916, 8-4-1986)

Sec. 137-359. - Uses.

(a)

Only the following uses are permitted:

(1)

Any use permitted in the commercial C-2 district.

(2)

Any use permitted in the commercial C-5 district.

(3)

Apartment buildings.

(4)

Ballrooms.

(5)

Banks, savings and loans, credit unions, loan offices.

(6)

Bed and breakfasts.

(7)

Bus stations.

(8)

Business services.

(9)

Boardinghouses or roominghouses.

(10)

Churches, synagogues, and similar places of worship; rescue missions or temporary revival tents are not permitted.

(11)

Class A cabaret.

(12)

Clinics for humans.

(13)

Clubs and lodges.

(14)

Colleges and universities.

(15)

Convalescent homes, nursing homes, homes for the aged.

(16)

Convents and rectories.

(17)

Eating and drinking establishments, without drive-in or drive-through services.

(18)

Furniture stores.

(19)

Game arcade and pool hall or billiard hall.

(20)

Governmental buildings.

(21)

Health clubs.

(22)

Health facility.

(23)

Hospitals.

(24)

Hotels.

(25)

Libraries.

(26)

Medical clinics.

(27)

Medical laboratories.

(28)

Mortuaries and funeral homes.

(29)

Newspaper offices.

(30)

Nursing facility.

(31)

Office buildings.

(32)

Office supply and equipment stores.

(33)

Parking garages.

(34)

Parking lots.

(35)

Post offices.

(36)

Private parks and playgrounds.

(37)

Railway stations.

(38)

Tanning salons.

(39)

Transit transfer centers.

(40)

Union halls.

(41)

Utility offices.

(42)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(b)

Any use permitted in the residential R-1, residential R-2, and residential R-3 zoning districts shall be a permitted use in the commercial C-3 district. Such residential use shall conform to the height, area, and developmental regulations of the residential zoning district that permits that use. If more than one residential zoning district permits that residential use, then the use shall conform to the regulations of the most restrictive residential district in which it is a permitted use. In the case of a conflict between such residential district regulations and those of section 137-358, the residential requirements and regulations shall control, except in the case of apartment restrictions, in which case section 137-360(2) shall control.

(c)

Apartments shall be permitted in conjunction with a commercial establishment, but shall be prohibited below a commercial establishment.

(d)

Conditional uses. The following uses may be conditionally approved by the board of zoning appeals for property already zoned C-3 city center commercial district: Bingo hall.

(Code 1985, § 159.086; Ord. No. 2916, 8-4-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3466, 3-4-1991; Ord. No. 3686, 5-3-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4078, 8-5-1996)

Sec. 137-360. - Height, area, and development regulations.

In the commercial C-3 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 120 feet or ten stories in height.

(2)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(3)

Off-street parking. Parking areas, if provided, shall be properly graded drained, paved with a durable, dust-free surface, and shall be suitably lighted, if the facility operates after sunset.

(4)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots. However, on corner lots that adjoin an intersecting street right-of-way which has a signalized traffic control system, no vision clearance shall be required.

(5)

Fences.

Interior lots.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(6)

(7)

Signs. All signs shall conform with requirements of chapter 129.

(8)

Controlled uses. In order to promote the use of the downtown city center as a regional retail business center, any class A cabaret or restaurant which sells beer, wine and/or intoxicating liquor for consumption on the premises is exempt from location spacing restrictions.

(9)

Design/development plan review. Subject to all requirements identified by chapter 105, design review/development plan.

(Code 1985, § 159.087; Ord. No. 2916, 8-4-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3703, 6-21-1993; Ord. No. 4470, 12-21-1999; Ord. No. 4565, 2-12-2001)

Sec. 137-379. - Intent; uses.

(a)

The commercial C-4 district is designed for commercial uses that are automobile or vehicular in nature and which, by their very nature, do not readily lend themselves into inclusion in the other commercial districts within the city. Outside storage and display of new and used vehicles for sale, lease, or rent; large parking areas for parking, storage, and display; queuing lanes for vehicles purchasing restaurant food; and off-premises advertising targeted toward vehicular traffic in the public right-of-way are typical characteristics of uses in the commercial C-4 district.

(b)

Only the following uses are permitted:

(1)

Any permitted use in the commercial C-1 district.

(2)

Automobile and truck auctions.

(3)

Automobile and truck tire dealers.

(4)

Automobile body shop.

(5)

Automobile glass, seat, and upholstery shops.

(6)

Automobile sales.

(7)

Automobile service shop.

(8)

Automobile washing and polishing.

(9)

Boat and boat motor sales or service.

(10)

Carwash, automatic.

(11)

Carwash, self-service.

(12)

Commercial parking lots.

(13)

Farm implement and supply stores.

(14)

Freestanding off-premises signs.

(15)

Game arcade and pool hall or billiard hall.

(16)

Light trailer sales and service shops.

(17)

Light truck sales and service shops.

(18)

Mobile home sales and service.

(19)

Motorcycle sales and service.

(20)

Recreational vehicle sales and service.

(21)

Vehicular rental equipment shops.

(22)

Wheel and frame alignment shops.

(Code 1968, tit. 580, art. X, § 1; Code 1985, § 159.095; Ord. No. 1378, 11-21-1966; Ord. No. 2848, 12-16-1985; Ord. No. 3256, 3-20-1989; Ord. No. 3466, 3-4-1991; Ord. No. 4302, 8-17-1998)

Sec. 137-380. - Height, area, and developmental regulations.

In the commercial C-4 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed three stories or 40 feet in height.

(2)

Front building setback.

All principal buildings shall have a front building setback of at least 25 feet. Nonconforming buildings shall adhere to the applicable sections regulating nonconforming structures, uses and lots.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

All principal buildings shall have a side building setback of at least five feet in width as measured from the eave, overhang or farthest protrusion to the side lot line.

On corner lots, the principal building shall meet the front and side building setback regulations set forth in subsections (1) and (3) of this section; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

(5)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

No building with an accessory building shall be erected or expanded so that more than 75 percent of the area of the lot will be occupied with an improvement.

(7)

(8)

Fences.

Interior lots.

Corner lot.

No fence over four feet in height shall be erected between the front building setback line and the front lot line or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

Prohibited fencing. Electrified fencing, barbed wire and razor wire are prohibited.

(9)

Off-street parking requirements.

Ratio requirements.

All uses listed as permitted uses in the commercial C-4 district, 5½ per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(10)

Screening. An opaque seven-foot fence shall be mandatory along any commercial C-4 property line which is contiguous to any residentially-zoned property. The fence shall be designed to provide security, and also to contain paper products and debris within the property.

(11)

(12)

Signs. All signs shall conform with requirements of chapter 129.

(13)

Freestanding off-premises signs.

Separation requirements. Separation between proposed and existing off-premises signs and specified uses along the street shall be measured along the centerline of the street. For this measurement, the location of proposed and/or existing structures and uses shall be considered the center of the proposed structure or closest edge of the property measured perpendicularly to the centerline of the street. Unless otherwise specified, all other separation requirements shall be measured from the closest point of the proposed structure linearly to the specified property, use, and/or structure. For the purposes of this section, a pending completed application or valid improvement location permit shall be considered as an existing sign. The following separation distances shall be required between off-premises signs:

The minimum separation distance between one sign structure and another on a non-limited-access highway shall be 750 feet.

The minimum separation distance between one sign structure and another on a limited-access highway shall be 1,500 feet.

The minimum separation distance between one sign structure and another sign structure located at intersections, or on different streets from which they are intended to be viewed, shall be 300 feet.

The minimum separation distance between a sign structure and property either zoned or used for a church, school, park, residential district or legal nonconforming residential use shall be 100 feet measured from the center of the sign in any direction.

The minimum separation distance between a sign structure and property either zoned or used for a church, school, park, residential district or legal nonconforming residential use shall be 200 feet along both sides of the street from which the sign is intended to be viewed.

The minimum separation distance between a sign structure and the 100-year floodplain of the St. Joseph River as identified by the flood insurance rate maps shall be 300 feet.

Separation distances shall not be limited by jurisdictional boundaries. Required separation distances for proposed signs located within the jurisdiction of the city shall also be maintained from signs located in adjacent municipalities or jurisdictional areas.

Permitting. Applications shall not be considered complete unless all applicable information is submitted. The following information shall be submitted concurrently with any application for an improvement location permit for an off-premises sign:

A signed contract with property owners, or a deed identifying the applicant's property ownership where the sign is intended to be placed.

Most recent aerial photograph identifying all off-premises signs within a 1,000-foot radius of the proposed sign located along non-limited-access highways. The aerial photograph shall also identify property either zoned or used for a church, school, park, or residential purpose within 250 feet of the proposed sign.

Construction plans on the proposed sign, documenting the proposed height, area, setbacks, appearance, color and any other developmental requirements identified by this chapter.

A scaled plan identifying the location of the sign relative to property and right-of-way lines. Plot plan shall identify the location of hard surface paving, drives, sidewalk, easements, utilities, and buildings located within 100 feet of the proposed sign.

Proposed signs located within 50 feet of any required separation distance shall require a certified survey submitted by a licensed surveyor verifying that the proposed location meets all minimum setback requirements.

Signs proposed within the required separation distances to an adjacent municipality or jurisdiction area shall submit documentation from the municipality or area that a valid permit has not been issued or is pending for a sign within the required separation distance of the proposed sign.

Developmental requirements. The following developmental requirements shall apply to the construction of off-premises signs:

Non-limited-access highways. Only one sign shall be permitted per location based on the separation requirements identified herein. Two-tier signs shall be prohibited. The display area of the face of any sign located on a non-limited-access highway shall not exceed 300 square feet. Temporary extensions may be added to individual signs based on individual advertising requirements not to exceed 50 square feet per face (a maximum of 350 square feet with extensions). Extensions may project no higher than four feet above the height of the sign, including those of a legally nonconforming height.

Non-limited-access highways, replacement of legally nonconforming signs. The replacement and/or relocation of any legally nonconforming sign shall meet all the requirements of this chapter; however, signs legally constructed with a greater display area than required by this chapter may be replaced at the existing nonconforming display area provided the following provisions are met:

(i)

All other applicable provisions of this chapter are met.

(ii)

The geographic areas that replacement may occur shall be limited to the following non-limited-access highways: Grape Road, north of Catalpa and south of Cleveland Road; Edison Road, beginning 500 feet west of Main Street and east of Hickory Road; McKinley Avenue, west of Fir Road and east of Hickory Road.

(iii)

An improvement location permit must be approved within 180 days of the removal of the legally nonconforming display area sign. Documentation regarding the removal of the existing nonconforming sign shall be submitted concurrently with the permit request for its replacement.

Limited-access highways. Only one sign shall be permitted per location based on the separation requirements identified herein. Two-tier signs shall be prohibited. The display area of the face of any sign located on a limited-access highway shall not exceed 14 feet in height by 48 feet in length (672 square feet). Temporary extensions may be added to individual signs based on individual advertising requirements not to exceed 200 square feet per face (a maximum of 872 square feet with extensions). Extensions may project no higher than four feet above the height of the sign, including those of a legally nonconforming height.

Signs that are located back-to-back shall be considered one sign, provided the interior angle formed by each side of the sign does not exceed 45 degrees.

The height of any sign shall not exceed 35 feet.

Setbacks. Setback distances shall be measured from the nearest projection, appendage, board, or structure of the sign perpendicular to road right-of-way or property lines.

(i)

The minimum setback for any sign from public road right-of-way shall be 25 feet.

(ii)

The minimum rear-yard setback for any sign shall be 25 feet.

(iii)

The minimum side-yard setback for any sign shall be five feet.

The appearance of off-premises sign structures shall incorporate the use of architectural columns and lattice below the face of the sign. The zoning administrator shall provide examples of signs that meet this requirement on request. Lattice shall not be required only in cases where it would block clear vision or cause other safety concerns as determined by the zoning administrator.

The color of off-premises sign structures shall be limited to natural earth-tone colors including, but not limited to, beige, brown, brick red, slate blue, and forest green. Bright and contrasting colors including, but not limited to, black, white, red, orange, yellow, purple and sky blue shall be prohibited.

Lighting for off-premises signs shall not cause any light to be reflected toward a street or adjacent property.

10.

The use of animation, flashing lights, and beacon lights shall not be permitted as part of any off-premises sign. Any sign that resembles, or includes an element that resembles a traffic control device, sign, or light shall be prohibited. Electrical reader boards, tri-vision boards, and multiple-vision boards shall be permitted for off-premises signage.

11.

The placement of any off-premises sign shall not cause any conflict with circulation, drainage, parking, landscaping, and/or any other site attribute controlled and/or required by this chapter. Signs may not be placed in any landscape area required by this chapter.

12.

Off-premises signs shall be continually maintained for both structural integrity and appearance. Appearance includes, but shall not be limited to, issues such as rusting structures, peeling paper, and broken lattice. Empty boards and signs without advertising covering the entire face of the board shall be prohibited.

13.

Enforcement. The zoning administrator shall notify property owners by certified mail regarding any structure in violation of the chapter. Any sign that is not repaired or modified accordingly within 30 days of notification shall be removed at the property owner's expense.

(14)

(15)

Section 105-108, mechanical equipment.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.096; Ord. No. 2978, 12-8-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3466, 3-4-1991; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4020, 2-20-1996; Ord. No. 4302, 8-17-1998; Ord. No. 4565, 2-12-2001; Ord. No. 4568, 2-20-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)

Sec. 137-404. - Intent.

The commercial C-5 district is a very limited retail and service category intended for small commercial lots and small commercial buildings of up to 8,000 square feet in total area in residential neighborhood crossroad areas, for the purpose of supplying day-to-day retail and service needs of the residents, such as food, drugs, and personal services. Outside storage, display, or sales shall not be permitted outside a completely enclosed, substantially constructed, and weathertight building.

(Code 1985, § 159.100; Ord. No. 2917, 8-4-1986; Ord. No. 3698, 6-21-1993)

Sec. 137-405. - Uses.

(a)

Only the following uses are permitted:

(1)

Adult day care center.

(2)

Antique shops.

(3)

Apartments.

(4)

Art galleries.

(5)

Art supply stores.

(6)

Bakery shops or confectionery shops.

(7)

Bait shops.

(8)

Banks, savings and loans, credit unions, loan offices.

(9)

Barbershops or beauty shops.

(10)

Beverage shops.

(11)

Book or stationery stores.

(12)

Camera shops.

(13)

Candy stores.

(14)

Churches, synagogues, and similar places of worship.

(15)

Clothing stores.

(16)

Coin-operated laundries.

(17)

Community centers, private and public.

(18)

Community welfare or health centers.

(19)

Computer sales.

(20)

Convents or monasteries.

(21)

Custom sewing and millinery shops.

(22)

Day nurseries and day care centers.

(23)

Drug stores and pharmacies.

(24)

Dry cleaning, pick up and delivery.

(25)

Duplexes.

(26)

Duplication shops.

(27)

Eating and drinking establishments, without drive-in or drive-through service.

(28)

Food stores.

(29)

Florist shops.

(30)

Game arcade and pool hall or billiard hall.

(31)

Handicraft shops: ceramic, sculpture, or similar art work.

(32)

Hardware stores.

(33)

Hobby shops.

(34)

Laundries, pick up and delivery.

(35)

Libraries.

(36)

Locksmiths.

(37)

Medical clinics.

(38)

Multiple-family dwellings.

(39)

Museums.

(40)

Offices.

(41)

Optical shops.

(42)

Paint, wallpaper, and decorating stores.

(43)

Photography studios.

(44)

Post offices.

(45)

Private parks and playgrounds.

(46)

Rectories.

(47)

Required off-street parking.

(48)

Schools, public, parochial, or business.

(49)

Shoe repair shops.

(50)

Single-family dwellings.

(51)

Studios for art, music, ceramics, drama, speech, dance, and similar skills.

(52)

Tailoring and alteration shops.

(53)

Tanning salons.

(54)

Tobacco stores.

(55)

Townhouses.

(56)

Travel agencies.

(57)

One temporary building for the construction industry which is incidental to erection of buildings permitted by this section.

(b)

Any use permitted in the residential R-1, residential R-2, and residential R-3 zoning districts shall be a permitted use in the commercial C-5 district. Such residential use shall conform to the height, area, and developmental regulations of the residential zoning district that permits the use. If more than one residential zoning district permits the residential use, then the use shall conform to the regulations of the most restrictive residential district in which it is a permitted use. In the case of a conflict between the residential regulations and those of section 137-404, the residential requirements and regulations shall control, except in the case of apartment restrictions, in which case subsection (c) of this section and section 137-406(1)—(5) shall control.

(c)

Apartment dwellings shall be prohibited below a retail establishment. One apartment or dwelling unit may be permitted above or upon ground level in connection with a business or retail establishment. Occupancy of garages for residential or commercial purposes shall be prohibited.

(Code 1985, § 159.101; Ord. No. 2917, 8-4-1986; Ord. No. 3270, 5-1-1989; Ord. No. 3466, 3-4-1991; Ord. No. 3602, 6-15-1992; Ord. No. 3698, 6-21-1993; Ord. No. 4020, 2-20-1996)

Sec. 137-406. - Height, area, and developmental regulations.

In the commercial C-5 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 35 feet or 2½ stories.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

(4)

(5)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

No building with its accessory buildings shall be erected or increased in ground area so that more than 60 percent of the area of the lot will be occupied.

(7)

Off-street parking.

Ratio requirements.

Single-family or duplex dwellings, two per residential unit.

Apartments, townhouses, or multiple-family dwellings, 1½ per residential unit.

Churches or synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Community center, private or public, two per 1,000 square feet of gross floor area.

Community welfare or health centers, two per 1,000 square feet of gross floor area.

Libraries, art galleries, or museums, two per 1,000 square feet of gross floor area.

Elementary schools, two per classroom, based upon design capacity.

High schools, one per five students, based upon design capacity.

All other uses, four per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots, excluding duplex and two-family dwelling, and detached single-family dwelling driveways:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner lot the lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots.

(9)

Fences.

Interior lots.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(10)

(11)

Signs. All signs shall conform with requirements of chapter 129.

(12)

(13)

Section 105-108, mechanical equipment.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.102; Ord. No. 2917, 8-4-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3466, 3-4-1991; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)

Sec. 137-426. - Intent.

The commercial C-6 district is designed to provide linear areas where office uses and certain public and semi-public uses may be developed. This district serves as a linear transition buffer between low-density residential areas and commercial areas. Because high average daily traffic counts on major thoroughfares can decrease low-density residential desirability, the district can also act as a linear transition buffer between major thoroughfares and low-density residential areas. No principal building shall be greater than 8,000 square feet. Sales of commodities or outside storage are not permitted in this district.

(Code 1985, § 159.103; Ord. No. 2977, 12-8-1986)

Sec. 137-427. - Uses.

Only the following uses are permitted:

(1)

Banks, savings and loans, credit unions, loan offices.

(2)

Bed and breakfasts.

(3)

Churches, synagogues and similar places of worship.

(4)

Clinics for humans.

(5)

Convents and rectories.

(6)

Medical or dental laboratories.

(7)

Mortuaries and funeral homes.

(8)

Offices.

(9)

Public libraries.

(10)

Single-unit dwellings.

(11)

Two-unit dwellings or duplex dwellings.

(Code 1985, § 159.104; Ord. No. 2977, 12-8-1986)

Sec. 137-428. - Height, area, and developmental regulations.

In the commercial C-6 district, the height of buildings, the minimum dimension of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 35 feet or 2½ stories.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback. A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line. On corner lots the usual front building setback and side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

(5)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

No building with its accessory buildings shall be erected or increased in ground area so that more than 60 percent of the area of the lot will be occupied.

(7)

Off-street parking.

Ratio requirements.

Single-family, two-family, or duplex dwellings, two per residential unit.

Churches or synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

Public libraries, two per 1,000 square feet of gross floor area.

All other uses, four per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots, excluding two-unit dwellings or duplex dwellings, and single-family dwelling driveways:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

Parking lots shall be located behind the rear wall of the principal building.

(8)

(9)

Fences.

Interior lots.

Corner lots.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(10)

(11)

Signs. All signs shall conform with requirements of chapter 129.

(12)

Section 105-108, mechanical equipment.

Section 105-116, dumpster/utility service areas.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.105; Ord. No. 2977, 12-8-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)

Sec. 137-455. - Intent.

The commercial C-7 district is designed for commercial restaurant uses that are automobile or vehicular in nature and which, by their very nature, do not readily lend themselves into inclusion in the other commercial districts, due to the potential for traffic congestion in queueing lanes, higher noise and pollution levels from running and standing automobiles, and potential for increased off-site litter. Outside storage, display, or sales shall not be permitted outside a completely enclosed, substantially constructed and weathertight building.

(Code 1985, § 159.115; Ord. No. 3256, 3-20-1989)

Sec. 137-456. - Uses.

Only the following uses are permitted:

(1)

Any use permitted in the commercial C-1 district.

(2)

Drive-thru restaurants.

(3)

Drive-in restaurants.

(4)

Freestanding off-premises signs.

(5)

Game arcade and pool hall or billiard hall.

(Code 1985, § 159.116; Ord. No. 3256, 3-20-1989; Ord. No. 3466, 3-4-1991; Ord. No. 4568, 2-20-2001)

Sec. 137-457. - Height, area, and development regulations.

In the commercial C-7 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed three stories or 40 feet in height.

(2)

Front building setback.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line.

(4)

(5)

Accessory buildings.

No accessory building shall be used in whole or part for living or residential purposes.

No accessory building or accessory building area shall be used for commercial storage purposes.

(6)

Minimum lot area and maximum intensity of use.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

No building with its accessory building shall be erected or increased in ground area so that more than 75 percent of the area of the lot will be occupied.

(7)

Off-street parking.

Ratio requirements.

Drive-thru restaurants, 15 per 1,000 square feet of gross floor area.

Drive-in restaurants, 15 per 1,000 square feet of gross floor area.

All other uses, four per 1,000 square feet of gross floor area.

Construction parameters. The following shall apply to all parking lots:

Public address systems shall not be permitted in any parking lot.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

Vision clearance. No structure, fence, hedge, or other planting shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots.

(9)

Fences.

Interior lots.

Corner lot.

(10)

Screening. An opaque seven-foot fence shall be mandatory along any commercial C-7 property line which is contiguous to any residentially zoned property. The fence shall be designed to provide security, and also to contain paper products and debris within the property.