This district is designed to maintain public access to Lake Mitchell for fishing, boating, and other recreational activities. This district is also to establish the general location for single-family, low density residential neighborhoods that are in harmony with area in the vicinity of Lake Mitchell. (Ord. 2408, 10-1-2012)

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Open space.

Parks and playgrounds.

Single-family dwellings. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Accessory uses and buildings not contained within the zoning lot of principal buildings.

Childcare (family residential); however not allowed on properties on the shoreline of Lake Mitchell.

Community gardens.

Home occupations that comply with article G of this chapter, with the exception noted in subsection 10-5G-3A of this chapter. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015; Ord. 2527, 1-4-2016)

Accessory uses and buildings permitted in this district customarily incidental to any of the permitted uses and are contained within the zoning lot. (Ord. 2408, 10-1-2012; amd. Ord. 2527, 1-4-2016)

   PROPERTIES WITH ACCESS TO THE SHORELINE OF LAKE MITCHELL

 

 

   PROPERTIES WITHOUT ACCESS TO THE SHORELINE OF LAKE MITCHELL

 

   A.   Accessory Buildings:

      1.   Accessory buildings in the R-L districts shall not exceed two thousand (2,000) square feet and the principal and accessory buildings do not exceed the maximum zoning lot coverage.

         a.   If the property has a shoreline to Lake Mitchell, this limitation applies to accessory buildings located on the road side yard.

         b.   If the property does not have a shoreline to Lake Mitchell, this limitation applies to accessory buildings located in the rear yard.

      2.   No accessory building shall exceed twenty two feet (22') in height.

      3.   Accessory buildings located on the shore of Lake Mitchell or within the front yard (lake side) shall not exceed three hundred (300) square feet and twelve feet (12') in height.

      4.   No separate accessory building shall be erected within three feet (3') of any principal building's line.

      5.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots, with the footage to be measured from the overhang building line. (Ord. 2408, 10-1-2012)

The purpose of this district is to establish the general location of single-family, low density residential, exclusively. (Ord. 2408, 10-1-2012)

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Open space.

Parks and playgrounds.

Single-family dwellings. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Childcare, family residential.

Community garden.

Educational institution.

Religious institution. (Ord. 2408, 10-1-2012)

Home occupations, unless the criteria set forth in section 10-5G-2 of this chapter is not met. Note subsection 10-5G-3A of this chapter.

Residential accessory buildings/structures/uses. (Ord. 2408, 10-1-2012)

 

   A.   Accessory Buildings:

      1.   Accessory buildings in the R-1 districts shall not exceed two thousand (2,000) square feet and the principal and accessory buildings do not exceed the maximum zoning lot coverage.

      2.   No accessory building shall exceed twenty two feet (22') in height.

      3.   No separate accessory building shall be erected within three feet (3') of any principal building's line.

      4.   An accessory building shall not be permitted in any required front yard.

      5.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots with the footage to be measured from the overhang building line. On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

The purpose of this district is to primarily establish the general location of single-family, low density residential, with the possibility to permit uses that may be in harmony with residential properties. (Ord. 2408, 10-1-2012)

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Open space.

Parks and playgrounds.

Single-family dwellings. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Adjustment training centers.

Bed and breakfast.

Childcare, preschool and nursery.

Community garden.

Educational institution.

Family residential daycare.

Hospitals.

Indoor recreational facility uses of existing buildings.

Lodging house.

Religious institutions.

Residential care.

Supportive living residences up to twelve (12) occupants.

Two-family dwellings. (Ord. 2408, 10-1-2012; amd. Ord. 2527, 1-4-2016)

Accessory buildings and uses for approved conditional uses.

Home occupations, unless the criteria set forth in section 10-5G-2 of this chapter is not met. Note subsection 10-5G-3A of this chapter.

Residential accessory buildings/uses. (Ord. 2408, 10-1-2012)

 

 

   A.   Accessory Buildings:

      1.   Accessory buildings in the R-2 districts shall not exceed two thousand (2,000) square feet and the principal and accessory buildings do not exceed the maximum zoning lot coverage.

      2.   No accessory building shall exceed twenty two feet (22') in height.

      3.   No separate accessory building shall be erected within three feet (3') of any principal building's line.

      4.   An accessory building shall not be permitted in any required front yard.

      5.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots with the footage to be measured from the overhang building line. On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

The purpose of this district is to afford flexibility for the establishment of a broader range of uses, other than residential, that are not detrimental to the overall intent of the residential neighborhoods. Although it accommodates both residential and semicommercial uses it is not a business zone since the overall consideration is for residential habitation and transition to multi-family higher density. (Ord. 2408, 10-1-2012)

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Open space.

Parks and playgrounds.

Single-family dwelling.

Two-, three- and four-family dwellings. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Adjustment training facility.

Assisted living facility.

Bed and breakfast.

Boarding schools.

Childcare center, preschool and nursery.

Childcare, family residential.

Community garden.

Community residence more than four (4) and less than twelve (12) units.

Congregate care housing.

Educational institutions.

Hospice residential facility.

Hospital.

Indoor recreational facility uses of existing buildings.

Lodging house.

Multi-family dwelling units between five (5) and twelve (12) units.

Nursing home.

Parking facility.

Personal health services.

Religious institutions.

Residential care facility between five (5) and twelve (12) units.

Supportive living home between five (5) and twelve (12) units. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015; Ord. 2527, 1-4-2016)

Accessory buildings and uses for approved conditional uses.

Home occupations, unless the criteria set forth in section 10-5G-2 of this chapter is not met. Note subsection 10-5G-3A of this chapter.

Residential accessory buildings/uses. (Ord. 2408, 10-1-2012)

 

 

Note:

   1.    For each additional unit over 4 units add 1,500 square feet to the minimum zoning lot area and 100 feet shall be the minimum lot width.

(Ord. 2408, 10-1-2012; amd. Ord. 2476, 6-2-2014)

   A.   Accessory Buildings:

      1.   Accessory buildings shall not exceed two thousand (2,000) square feet per dwelling unit and the principal and accessory buildings do not exceed the maximum zoning lot coverage.

      2.   No accessory building shall exceed twenty two feet (22') in height.

      3.   No separate accessory building shall be erected within three feet (3') of any principal building's line.

      4.   An accessory building shall not be permitted in any required front yard.

      5.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots with the footage to be measured from the overhang building line. On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

The purpose of this district is to afford flexibility for the establishment of a broader range of uses, other than residential, that are not detrimental to the overall intent of the residential neighborhoods. Although it accommodates both residential and commercial uses it is not intended to be commercial zone since the overall consideration is for residential habitation that permits multi-family with higher density. Commercial uses are subject to a review process. (Ord. 2408, 10-1-2012)

Adjustment training center facility.

Assisted living facility up to twenty four (24) units.

Boarding house.

Community residence up to twenty four (24) units.

Congregate care housing up to twenty four (24) units.

Educational institution.

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Lodging house.

Multi-family dwellings of twenty four (24) units or less.

Open space.

Parks and playgrounds.

Religious institution.

Residential care.

Single-family dwelling.

Supportive living homes.

Temporary or emergency shelter up to twenty four (24) units. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Assisted living center more than twenty four (24) units.

Bed and breakfast.

Boarding school.

Childcare center, preschool, nursery.

Community garden.

Community residence over twenty four (24) units.

Congregate care over twenty four (24) units.

Convenience stores.

Family residential daycare.

Fuel dispensing station.

Fuel service stations.

Funeral home and mortuary.

Hospice residential facility.

Hospital.

Indoor recreational facility uses of existing buildings.

Manufactured home communities.

Multi-family dwellings of more than twenty four (24) units.

Nursing home.

Office professional.

Parking facility.

Personal health services.

Personal services.

Retail services and trade.

Self-service storage facility with varying compartment sizes, fifty (50) to four hundred (400) square feet per compartment, with the stipulation the property be adjacent to a major collector or arterial street as designated by the public works department.

Student housing (off campus).

Temporary or emergency shelter over twenty four (24) units. (Ord. 2408, 10-1-2012; amd. Ord. 2476, 6-2-2014; Ord. 2512, 4-6-2015; Ord. 2527, 1-4-2016)

Accessory buildings and uses for approved conditional uses.

Home occupations, unless the criteria set forth in section 10-5G-2 of this chapter is not met. Note subsection 10-5G-3A of this chapter.

Residential accessory buildings/uses. (Ord. 2408, 10-1-2012)

 

 

Notes:

    1.    For each additional dwelling unit over 4 dwelling units add at least 1,000 square feet to minimum lot area.

    2.    In the R-4 district, no building shall exceed 6 stories or 65 feet in building height; except, that 1 foot of height may be added to the building for each foot that the building is set back from the required front yard.

(Ord. 2408, 10-1-2012; amd. Ord. 2476, 6-2-2014)

   A.   Accessory Buildings:

      1.   Accessory buildings cannot exceed twenty two feet (22') in building height.

      2.   Accessory buildings in the R-4 district shall not exceed two thousand (2,000) square feet per dwelling unit and the principal and accessory buildings shall not exceed the maximum zoning lot coverage.

      3.   An accessory building shall not be permitted in any required front yard and no separate accessory building shall be erected within three feet (3') of any principal building's line.

      4.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots with the footage to be measured from the overhang building line. On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

The purpose of this district is to provide for areas primarily for single-family dwellings and manufactured housing and supportive facilities. Acceptable similarity appearance standards will ensure compatibility with surrounding uses. (Ord. 2408, 10-1-2012)

Electric vehicle charging stations (restricted and rapid charging) and provided the stations only serve the occupants of residential properties.

Open space.

Parks and playgrounds.

Single-family dwellings.

Single-family manufactured housing. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013)

Adjustment training center facility.

Childcare centers, preschools, nurseries.

Community garden.

Community residence up to twelve (12) units.

Congregate care housing.

Educational institution.

Family residential daycare.

Hospice residential facility.

Multi-family dwelling twelve (12) units or less.

Parking facilities.

Religious institution.

Residential care facility up to twelve (12) units.

Supportive living home up to twelve (12) units. (Ord. 2408, 10-1-2012)

Accessory buildings and uses for approved conditional uses.

Home occupations, unless the criteria set forth in section 10-5G-2 of this chapter is not met. Note subsection 10-5G-3A of this chapter.

Residential accessory buildings/uses. (Ord. 2408, 10-1-2012)

   A.   Each dwelling unit shall have a minimum width of twenty four feet (24') at the narrowest point of its first story.

   B.   Each dwelling unit shall have been constructed after June 15, 1976.

   C.   Each dwelling unit shall have a continuous and complete frost protected perimeter foundation.

   D.   Each dwelling unit or garage shall have an exterior wall covering of siding material customarily used on site constructed residential property.

   E.   Each dwelling unit or garage shall have a roof structure with a minimum slope corresponding to two inches (2") of vertical rise for each twelve inches (12") of horizontal run. Roofing material shall be the type customarily used on site constructed residential property.

   F.   The hitch, axles and wheels shall be removed when the dwelling unit is installed on a residential lot. (Ord. 2408, 10-1-2012)

 

   A.   Accessory Buildings:

      1.   Accessory buildings in the R-5 districts shall not exceed two thousand (2,000) square feet and the principal and accessory buildings do not exceed the maximum zoning lot coverage.

      2.   No accessory building shall exceed twenty two feet (22') in height.

      3.   No separate accessory building shall be erected within three feet (3') of any principal building's line.

      4.   An accessory building shall not be permitted in any required front yard.

      5.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots with the footage to be measured from the overhang building line. On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

   A.   Protect residential areas from the adverse impact of excessive traffic, nuisance, noise and other possible effects of commercial activities within residential neighborhoods.

   B.   Establish criteria and development standards for home occupations conducted in dwelling units.

   C.   Provide residents the option to use their residences for certain home occupations without altering the residential character of the neighborhood.

   D.   Assure that public and private services, such as streets, water and sewer systems, fire protection and other public services, are maintained as designed for residential areas.

   E.   Home occupations are not transferable to subsequent property owners or occupants.

   F.   Home occupations involve products sold or repaired in the residential property and clients or customers retrieve the products on site or services are performed in the residential property.

   G.   Home occupations involving alcohol sales shall not be permitted.

   H.   To ensure the residential neighborhoods and their occupants' concerns are properly considered. (Ord. 2408, 10-1-2012)

All home occupations shall meet the following criteria and standards:

   A.   The use or occupation shall be conducted entirely within the dwelling unit and shall be conducted entirely by the residents of the dwelling unit. No home occupation activity may be conducted in an accessory building.

   B.   The area set aside for a home occupation shall not exceed twenty percent (20%) of the total floor area of the residence. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.

   C.   Merchandise offered for sale shall be clearly incidental to the home occupation; provided, however, that orders may be taken for later delivery off the premises.

   D.   Delivery of products to the home for business purposes shall not occur more frequently than twice a week. Delivery by trucks or vehicles not ordinarily utilized for residential deliveries shall be prohibited.

   E.   No toxic, explosive, flammable, combustible, corrosive, etiological, radioactive or other restricted material that is to be used for the home occupation shall be stored on site.

   F.   No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby purposes shall be permissible.

   G.   No activity shall be conducted which would interfere with radio or television transmission or reception in the area, nor shall there be any offensive noise, smoke, dust or heat noticeable beyond the premises.

   H.   No home occupation shall require internal or external alteration of the residence or other visible evidence of the conduct of such home occupation.

   I.   The operation of the home occupation shall not cause or encourage excess vehicular or pedestrian traffic not ordinarily associated with the residential area in which the home occupation is conducted, except under the following conditions:

      1.   Public access to the home occupation shall be by invitation only and there shall ordinarily be no more than one vehicle not owned by the occupants on or adjacent to the property for business purposes, except that appointments may overlap for a time period not exceeding thirty (30) minutes;

      2.   The business will generate no more than four (4) visits per day from clients or customers.

   J.   On premises advertising shall be limited to one sign not exceeding one square foot which shall be attached to the dwelling.

   K.   If the home occupation is the type in which classes are held or instructions given, there shall be no more than four (4) students on the premises at any one time.

   L.   Operation of a home occupation shall be restricted to the hours of eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M. (Ord. 2408, 10-1-2012)

   A.   Application: If the applicant meets all the conditions hereinabove set forth, the appropriate public official, as designated by the director of public works, shall issue the home occupation permit. All other applicants who do not meet the criteria above set forth shall be required to make the appropriate application for a conditional use permit under the provisions of this title. The city planning commission shall review applications that do not meet the conditions set forth and the city board of adjustment may approve applications for those asking for exceptions to the conditions set forth. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015)

   B.   Fee: The fee for the permit shall be set by resolution of the city council. (Ord. 2512, 4-6-2015)

   C.   Residential Associations: Nothing in this section shall prevent a condominium association board of directors, a cooperative association board of directors or a landlord from adopting a rule, declaration or bylaw prohibiting home occupations on the premises, under which circumstances such rule shall supersede this section.

   D.   Stricter Requirements Prevail: Nothing in this section shall preclude, invalidate or override any existing covenant, bylaw or rule of a condominium association, common interest community, housing cooperative or landlord which prohibits, restricts or regulates home occupations in a stricter manner than this section. (Ord. 2408, 10-1-2012)