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Monticello City Zoning Code

ARTICLE IV

SUPPLEMENTARY REGULATIONS

Sec. 54-190.- Lot regulations—B-1, central business district, B-2-business highway and B/R mixed-use, business/residential.

(a)

Architectural design and aesthetic standards for structures in the B-1, central business district, B-2, business-highway and B/R, mixed use business/residential zoning districts. To promote a degree of consistency, and to preserve the architectural and aesthetic character of the city, the following architectural design and aesthetic standards shall apply to all new or materially-altered structures in the B-1, central business district and B-2, business-highway zoning districts and shall apply to proposed commercial structures in the B/R mixed-use, business/residential zoning district, to the extent such structural or material alterations are visible from the street, including any side street, abutting the lot on which the structure is situated. Architectural design and aesthetic standards shall be reviewed in conjunction with site plan review.

Except as provided below, as used in this section, "immediate vicinity" means all parcels whose property lines lie within 500 feet of the subject property.

Property covenants and restrictions which are more stringent than these standards shall apply. Commercially-zoned properties which are located within the City Historic District shall be reviewed under the provisions of section 54-424.

(1)

Roof. Roof forms and materials shall be visually compatible with the existing architectural context of the streetscape and the majority of structures in the immediate vicinity, whether residential or commercial. The pitch of the roof is critically important to the success of being visually compatible with the typical surrounding structures, and well-extended overhangs will help protect the structure from frequent and heavy rainfall. The roof covering shall be visually compatible with structures in the immediate vicinity.

(2)

Exterior finishes. Exterior wall and trim materials shall be visually compatible with the existing architectural context of the streetscape and immediate vicinity.

(3)

Design elements. All new or structurally or materially-altered commercial structures shall provide some sort of architectural character with the use of design elements. Examples of design elements which could be used for this purpose include, but are not limited to, roof dormers, extended entryways, covered porches, decorative columns and wing walls to enhance the appearance and alter the straight line or rectangular shape of the structure to be consistent with the majority of the structures in the immediate vicinity.

(4)

Windows and doors. Windows and doors shall be set back two to three inches from siding and trim to prevent the appearance of flatness to the facades, which is contrary to the appearance of the majority of buildings in Monticello.

(5)

Crawl space. The crawl space of an elevated above-grade building (that area located between the grade and the lowest floor member) shall be shielded by some architectural feature which is compatible with the design and architecture of the building so that the line of site from any public road, alley or walkway does not include any portion of the underside of the structure. Such feature shall be included as part of any building permit application.

(6)

Foundation and enclosure. A permanent foundation and enclosure shall be required to present a clean, uncluttered appearance around the perimeter of every new elevated structure.

(7)

Accessory structures. All accessory structures, if in the line of sight from any public road, alley or walkway, shall reflect architectural compatibility with the main structure and vicinity.

(8)

Height restrictions. Building height restrictions are found in section 54-160(a).

(Ord. No. 2023-08, § 1, 4-4-2023)

Sec. 54-191. - Lot regulations—Residential districts.

(a)

Existing lots of record. A single-family structure may be constructed on any nonconforming lot in any residential district if said lot is less then the minimum area for a building lot in the district in which it is located, provided the following conditions exist or are met:

(1)

Availability of adjacent vacant land. No structure shall be constructed on any nonconforming lot if the owner of said lot owns any adjoining vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area.

(2)

Front, side and rear yards. No structure shall be constructed on any nonconforming lot unless it shall have front, side, and rear yards conforming to the minimums required for the district in which said lot is located.

(b)

Yard regulations. Every part of a required yard must be open to the sky, unobstructed except for the ordinary projections of steps, sill, belt courses, cornices and other ornamental features projecting not more than four inches from the building wall, provided, however that roof overhangs up to 42 inches or one-half of the required yard, whichever is less, shall be permitted.

(c)

Placement of residential structures on lots in the R-1 residential, single-family district.All residential dwellings in the R-1 residential, single family district shall be constructed/placed on lots so that the fronts of such structures face, and are parallel to, the street on which they are located. A residential dwelling shall not face an alley way or any corner of the lot on which it is constructed/placed.

(d)

Architectural design and aesthetic standards for single-family dwellings in the R-1 residential, single-family district. To promote a degree of consistency, and to preserve the architectural and aesthetic character of residential neighborhoods in the city, the following architectural design and aesthetic standards shall apply to all new or structurally or materially-altered single family dwellings in the R-1 residential, single-family district, to the extent such structural or material alterations are visible from the street, including any side street, abutting the lot on which the dwelling is situated.

Except as provided below, as used in this section, "immediate neighborhood" means single-family dwellings whose property lines lie within 500 feet of the subject property and which are in the R-1 residential, single-family district.

The standards in this section shall apply to subdivisions and the historic district, but covenants or restrictions for these areas that are more stringent than these standards take precedence over these standards. The "immediate neighborhood" for a subdivision is the subdivision itself, and "immediate neighborhood" for the historic district is the district itself.

(1)

Roof. Roof forms and materials shall be visually compatible with the existing architectural context of the streetscape and the majority of dwellings in the immediate neighborhood. The pitch of the roof is critically important to the success of being visually compatible with the typical surrounding dwellings, and well-extended overhangs will help protect the home from frequent and heavy rainfall. The pitch of the major roof shall have a minimum vertical rise of four inches for each 12 inches of horizontal run with a minimum 12-inch overhang, measured horizontally from the outer edge of the sloped roof to the vertical face of the wall under the roof. The roof covering shall be visually compatible with the dwellings in the immediate neighborhood.

(2)

Exterior finishes. Exterior wall and trim materials shall be visually compatible with the existing architectural context of the streetscape and immediate neighborhood.

(3)

Design elements. All new or structurally or materially-altered dwellings shall provide some sort of architectural character with the use of design elements. Examples of design elements which could be used for this purpose include, but are not limited to, roof dormers, extended entryways, covered porches, decorative columns and wing walls to enhance the appearance and alter the straight line or rectangular shape of the structure to be consistent with the majority of the dwellings in the immediate neighborhood.

(4)

Windows and doors. Proportion, scale, height, shape, detailing and building material of windows and doors shall be consistent with the style of the proposed dwelling and other dwellings in the immediate neighborhood. Windows and doors shall be set back two to three inches from siding and trim to prevent the appearance of flatness to the facades, which is contrary to the appearance of the majority of buildings in Monticello.

(5)

Crawl space. The crawl space of an elevated above-grade building (that area located between the grade and the lowest floor member) shall be shielded by some architectural feature which is compatible with the design and architecture of the building so that the line of site from any public road, alley or walkway does not include any portion of the underside of the structure. Such feature shall be included as part of any building permit application.

(6)

Foundation and enclosure. A permanent foundation and enclosure shall be required to present a clean, uncluttered appearance around the perimeter of every new elevated home.

(7)

Accessory structures. All accessory structures, if in the line of sight from any public road, alley or walkway, shall reflect architectural compatibility with the main structure and neighborhood.

(Ord. No. 90-13, § 04.01, 8-7-1990; Ord. No. 2001-06, § 2(04.01), 11-6-2001; Ord. No. 2019-03, § 4, 6-4-2019; Ord. No. 2023-08, § 2, 4-4-2023)

Editor's note— Ord. No. 2023-08, § 2, adopted April 4, 2023, renamed § 54-191 from "Lot regulations" to "Lot regulations—Residential districts," as set out herein.

Sec. 54-192. - Regulations for accessory uses.

(a)

Accessory structures shall be clearly supplementary and incidental to the principal use of the lot and shall be located on the same lot as the principal use to which it is subordinate. On lots containing residential units, no more than one roofed accessory structure readily visible from the street on which the house fronts shall be located on a lot.

(b)

No accessory structure shall be constructed, placed, erected or built before the construction of the main building.

(c)

Where an accessory building is used for garage purposes, it shall be used solely by the occupants of the premises, and shall not be used for more than one commercial vehicle (one and one-half tons maximum capacity).

(d)

Private recreational facilities. Swimming pools, tennis courts, screen enclosures and similar facilities of a recreational nature shall conform to all side, rear and corner yard setbacks.

(e)

Regulations relating to fences and walls are contained in section 54-193.

(Ord. No. 2023-01, § 2, 1-3-2023)

Editor's note— Ord. No. 2023-01, § 2, adopted Jan. 3, 2023, repealed the former § 54-192 and enacted a new § 54-192 as set out herein. The former § 54-192 pertained to minimum yard regulations for accessory uses and derived from Ord. No. 90-13, § 04.02, adopted Aug. 7, 1990; and Ord. No. 2001-06, § 2(04.02), adopted Nov. 6, 2001.

Sec. 54-193. - Garden walls, fences and hedges.

(a)

Generally.

(1)

Fences and walls, except silt or erosion-controlling types, shall not be constructed, erected, or installed on a lot unless the primary allowed use/facility has been established.

(2)

Temporary construction fences shall not be allowed on residentially-zoned properties longer than 25 calendar days after issuance of a certificate of occupancy. The city manager may allow a longer time upon written request.

(b)

Material and opacity.

(1)

Fences and walls must be constructed of wood, plastic, vinyl, metal, brick, masonry or other materials designed for permanent outdoor fencing. Concrete and concrete block walls shall be finished with a painted stucco finish. No fence or wall may be constructed of plywood, razor wire, or other materials intended for other purposes. The posts of each fence must be resistant to decay, corrosion and termite infestation. Wood fence posts shall be installed in accordance with the Florida Building Code.

(2)

Barbed wire, chicken wire, razor wire, wire used for livestock, spire tip, sharp objects, or electrically charged fences shall be prohibited in any residential zoning district.

(3)

Fences and walls shall be constructed so that the exposed framing, stringers and posts which support each section shall face the interior yard of the lot on which the fence or wall is being placed, regardless of whether another fence already exists.

(4)

Fences within a front yard shall be no more than 50 percent opaque, allowing for the passage of light directly through the fence, except that on corner lots, fences behind the front face of the principal structure may be up to six feet tall and solid.

(c)

Location.

(1)

If a fence is offset from the property line, provisions shall be made to prevent vegetation from growing between any existing fence on an adjacent property and the new fence.

(2)

No fence, wall, hedge, landscaping or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of two and one-half feet and six feet above the centerline grades of intersecting streets.

(3)

Fences or walls shall not encroach:

a.

Into or over any public right-of-way or easement. The city manager may authorize such fence only if it is determined that it would not interfere with the intended purpose and function of the easement or with any utilities. In such cases, the city or other companies duly authorized to install lines or equipment within such easement shall not be held liable for damages to the fence if the work within the easement would require removal of sections or the entire fence. The applicant shall be responsible for calling the affected utilities for line locations ( ex. Sunshine State 811) before constructing a fence or wall on any easement whether public or private;

b.

Into natural water bodies, wetlands, wetland buffers, and artificially created waterways.

(d)

Height.

(1)

Generally. Height limits apply within the yard regardless of the physical connection of the fence or wall to the principal structure.

The height of fences, walls and hedges is measured from the adjacent finished grade. Berms used in conjunction with fences or walls shall be considered as included in the height restriction for such structures. Where significant elevation differences exist between two adjacent properties, the height may be increased by the average difference in elevation between the two sides, measured from the finished grade up to five feet away on either side. The height may be similarly increased where significant elevation exists along a given property line. The additional height increase in both situations shall be limited to a maximum of two feet.

Decorative appurtenant elements shall be allowed to exceed the maximum fence/wall height as follows:

Column or post caps: up to an additional 12 inches above the body of fence. Caps may include masonry capitals, sculpture, finals and the like.

Caps on corner columns or posts and those supporting an entry gate to the property: up to an additional one-fourth of the maximum fence wall height. Caps may include masonry capitals, sculpture, finials and the like, as well as decorative lamps provided they do not create glare onto adjacent properties or public rights-of-way.

Archways, arbors and trellises physically attached to the fence/wall to create a pedestrian entry to the property from the street: up to a total maximum height of eight feet above the adjacent finished grade, and a maximum depth of five feet into the property from the property line.

(2)

Fences or walls located in side and rear yard setback areas in residential zones shall not exceed six feet in height. There is no height limitation on a hedge in the rear or side yard.

(3)

Fences, hedges or walls placed forward of the front line of the house in any residential district may not exceed 48 inches in height. Fences and walls in commercial or industrial zones shall not exceed ten feet in height.

(Ord. No. 90-13, § 04.03, 8-7-1990; Ord. No. 2001-06, § 2(04.03), 11-6-2001; Ord. No. 2023-01, § 3, 1-3-2023)

Sec. 54-194. - Screening.

(a)

Uncomplementary land uses identified. The following land use relationships constitute uncomplementary land uses and zones:

(1)

Mobile home park uses or zones, when adjacent to single-family housing, multifamily housing, or office uses, or lands zoned primarily for such uses;

(2)

Multifamily uses, when adjacent to single-family housing or lands zoned primarily for single-family housing;

(3)

Office uses or zones, when adjacent to single-family housing use or lands zoned primarily for single-family housing;

(4)

Commercial uses or zones, when adjacent to single-family housing, multifamily housing, mobile home park, or mobile home subdivision uses, or lands zoned primarily for single-family housing, multifamily housing, mobile home park, or mobile home subdivision uses;

(5)

Industrial uses or zones, when adjacent to any nonindustrial uses or zones, other than nonresidential agricultural uses;

(6)

Other land use conflicts. In any case where an unbuffered view exists within 500 feet from the side or rear service areas of any nonresidential land use to any single-family or two-family residential land use, uncomplementary buffer requirements shall apply as if such residential uses were located on immediately adjacent lands.

(b)

Buffer standards relating to uncomplementary land uses and zones. All landscaped buffer strips in existence on the date this chapter takes effect shall be maintained in their present form, or, in the alternative, may be altered to comply with the following requirements. The following landscaped buffer strips shall be required for all new development or redevelopment which creates an uncomplementary land use:

(1)

Width: A buffer strip of at least 20 feet in width along the property line where such conflict exists.

(2)

Tree count: A ratio of one tree for each 12½ linear feet of common boundary, with a minimum of 75 percent shade trees.

(3)

Visual screen: A continuous visual screen at least eight feet in height at maturity, formed by two rows of shrub material, or existing natural vegetation which provides a continuous visual screen, running the entire length of all common boundaries.

(4)

Reduced width alternative: For mobile home park, multifamily, or office uses or zones, a buffer fence having all required plan material placed toward the less intensive use and providing an access for maintenance may be combined with a ten-foot buffer strip as a substitution for the width required in subsection (1) above, if approved by the development administrator as meeting the objectives of this section.

(c)

Buffer fence standards.

(1)

Whenever a buffer fence is required, it shall be of sufficient height to obstruct view between adjoining properties, as determined by the development administrator, presumably a minimum of eight feet in height, unless the applicant can prove to the satisfaction of the development administrator that the intent of this section will be met by a fence of lesser height under the particular circumstances. The buffer fence shall be solid opaque, constructed of durable materials appropriate for the intended use and consistent with materials commonly used in surrounding neighborhoods, and shall include provision for access to all landscape materials.

(2)

The side of a fence facing a less intensive use shall have a finished appearance to furnish an aesthetically pleasing view.

(3)

At least one-half of all required plant material shall be installed and maintained on the side facing the less intensive use, unless otherwise specifically provided.

(4)

Fencing shall be maintained in good repair.

(d)

Additional material requirements for all landscape areas. The following requirements shall apply to all buffer strips and perimeter landscape areas required by this section:

(1)

Ground cover. Grass shall be planted, or other ground cover shall be placed, on all areas of buffer strips and perimeter landscape areas which are not occupied by other landscape material.

(2)

Mulch. Mulch material to a minimum compacted depth of two inches shall be provided for all planting areas.

(3)

Prevailing requirement. Whenever development activity is subject to both the perimeter landscaping requirements and the uncomplementary land use buffer strip requirements of this section, the latter requirement shall prevail.

(4)

Exclusions. No use shall be made of, nor development activity permitted in, the uncomplementary land use buffers and perimeter landscape areas except for:

a.

Planting material approved as part of the landscape plan.

b.

Completely underground utilities and essential, specifically approved, overhead or above-ground utilities which do not interfere with the mature growth of required plant material.

c.

Grass ditches, with back slopes no steeper than 3:1, which can support the required landscaping materials.

(5)

Buffer strip plant material. All shrub material used as a part of an uncomplementary land use buffer shall be a minimum height of 30 inches and have a minimum crown width of 24 inches when planted, shall be species capable of achieving a minimum height of eight feet at maturity, and shall be located in such a way as to maximize the screening potential.

(Ord. No. 90-13, § 04.04, 8-7-1990; Ord. No. 2001-06, § 2(04.04), 11-6-2001)

Sec. 54-195. - Landscaping requirements for yards abutting public streets.

(a)

Single-family, two-family and multiple-family dwellings. Required front and side yards abutting public streets shall be maintained in permeable landscaped vegetative green space with the exception of necessary driveways and walkways.

(b)

Other uses. Required front and side yards abutting public streets, including required driveways and walkways, shall be maintained in permeable landscaped vegetative green space to a minimum depth as established in the following table:

Average Lot Depth Minimum Depth
of Required Green Area
Less than 100 feet 5 feet
Over 100 feet to 120 feet 8 feet
Over 120 feet to 140 feet 12 feet
Over 140 feet 10% of lot depth

 

(Ord. No. 90-13, § 04.05, 8-7-1990; Ord. No. 2001-06, § 2(04.05), 11-6-2001)

Sec. 54-196. - Permitted exceptions to height regulations.

No exceptions to the height regulations shall be permitted except as specifically provided for below:

(1)

One community television antenna per principal structure and one or more mechanical equipment rooms, not exceeding ten percent of the roof area, may exceed the height regulations of the district within which it is located, however, such mechanical equipment rooms, their location and visibility from adjoining streets or properties should be the subject of site plan review considerations.

(2)

A church spire or church tower may exceed the height regulations of the district within which it is located.

(3)

No sign, nameplate, display, or advertising device of any kind whatsoever shall be inscribed upon or attached to any antenna, tower, or other structure which extends above the roof of the principal structure or height regulations.

(Ord. No. 90-13, § 04.06, 8-7-1990; Ord. No. 2001-06, § 2(04.06), 11-6-2001)

Sec. 54-197. - Special exception uses.

Special exception uses, as enumerated in article III of this chapter, shall be permitted only upon authorization by the city council subsequent to a review and written advisory opinions by the development administrator, provided that such uses shall be found by the city council to comply with the following requirements and other applicable requirements as set forth in this chapter:

(1)

That the use is a permitted special use as set forth in article III of this chapter.

(2)

That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(3)

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(4)

That the use will be compatible with adjoining development and the proposed character of the district where it is to be located.

(5)

That adequate landscaping and screening is provided as required herein, or otherwise required.

(6)

That adequate off-street parking and loading is provided, that ingress and egress are so designed as to cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street.

(7)

That the use conforms with all applicable regulations governing the district where it is located.

(Ord. No. 90-13, § 04.07, 8-7-1990; Ord. No. 2001-06, § 2(04.07), 11-6-2001)

Sec. 54-198. - Accessory dwelling units.

(a)

Purpose and intent.

(1)

To provide homeowners with a means of obtaining, through tenants in the ADU or in the principal unit, rental income, companionship, security and services.

(2)

Add affordable units to existing housing into the community with minimal negative impact.

(3)

Develop and regulate housing units in single-family neighborhoods that are appropriate for elderly citizens and extended family living.

(4)

Protect neighborhood stability, property values, and the single-family residential appearance of the neighborhood by ensuring that ADUs are installed under the conditions of these regulations.

(b)

General regulations and restrictions.

(1)

No ADU shall be permitted except in the R-1, Agriculture and R-lA and Agriculture zoning districts and only on lots in which a principal single-family residential dwelling unit exists on the lot or will be constructed in conjunction with the ADU.

(2)

No more than one ADU shall be permitted on a lot.

(3)

The floor area for an ADU shall not exceed 500 square feet for lots between 5,000 and 7,500 square feet. If a lot exceeds 7,500 square feet, an ADU may be up to 640 square feet, and, for lots in excess of 10,000 square feet, an ADU may be up to 800 square feet, not including attached garages. An ADU square footage may not exceed a maximum of 50 percent of the square footage of the principal residence.

(4)

Any additions to an existing building, separate construction, or other structure modification to create an ADU shall not exceed the lot impervious surface allocation or encroach into existing setbacks, buffers, tree preservation, conservation, or other designated limited or restricted land use area.

(5)

The ADU may be attached to the principal unit by a breezeway, or may be detached from the principal unit; however, the ADU must be allocated or constructed in a manner which maintains the single-family appearance and architectural continuity of the primate structure and lot through compatibility of building forms, height, construction materials, window types, door and window trims, roofing materials and roof pitch, and landscaping.

(6)

If the ADU is an attached unit, the entrance must be located on the side or rear façade of the primary unit. An accessory unit that is detached from the primary dwelling unit must be located so that the front façade of the accessory unit is behind the rear façade of the primary dwelling unit.

(7)

The ADU unit shall have no more than two bedrooms.

(8)

In addition to parking spaces for the main dwelling, one additional parking space shall be provided on-site for each one-bedroom ADU. Two separate, individual additional parking spaces shall be provided on-site for each two bedroom ADU. Parking for the ADU must be adjacent to the ADU, on the side of or behind the principal unit and be constructed in addition to the required parking for the principal unit and not located in the required front yard setback. A tandem parking space (one car parked behind another) sharing the spaces for the primary dwelling unit shall not be allowed.

(9)

The primary dwelling unit and the ADU may be served by one common driveway connecting to a public city road, except in the case of a parcel fronting on two city public roads, in which case a secondary drive for the ADU may be permitted if approved by the city manager.

(10)

Review of ADU building permit applications shall be submitted to the city in accordance with section 54-35(a). Architectural design and aesthetic standards for accessory dwelling units shall be conducted by the local planning agency in accordance with section 54-191(d)(7).

(Ord. No. 2023-02, § 1, 1-3-2023)

Editor's note— Ord. No. 2023-02, § 1, adopted Jan. 3, 2023, repealed the former § 54-198 and enacted a new § 54-198 as set out herein. The former § 54-198 pertained to accessory uses and derived from Ord. No. 90-13, § 04.08, adopted Aug. 7, 1990; Ord. No. 2001-06, § 2(04.08), adopted Nov. 6, 2001; and Ord. No. 2013-02, § 1, adopted Feb. 5, 2013.

Sec. 54-199. - Automobile service facilities.

(a)

Location of exits and entrances. Entrances and exits for vehicles to and from automobile service facilities shall not be closer than 30 feet to any intersection.

(b)

Lot size. Automobile service facilities shall be located on a lot not less than 10,000 square feet and have a minimum frontage of 100 feet.

(c)

Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 25 feet to any interior property line, provided, however, that they may be located within ten feet of a rear lot line if no access doors of any kind whatsoever, face said rear property line.

(d)

Mechanical repair. All permitted mechanical repair work shall be conducted within an enclosed structure and shall be located no closer than 25 feet to any interior property line, except the rear property line which setback shall be not less than ten feet, provided that the requirement for access doors set forth in subsection (c) above is met.

(e)

Gasoline pumps. Automobile service facilities shall have their gasoline pumps, including other service facilities set back at least 18 feet from any property or street line, except where the required front yard setback is greater.

(f)

Storage of vehicles. No unlicensed vehicles shall be permitted to be stored on the premises.

(g)

Screening. When adjoining a residential district or use, screening shall be provided as required.

(Ord. No. 90-13, § 04.09, 8-7-1990; Ord. No. 2001-06, § 2(04.09), 11-6-2001)

Sec. 54-200. - Mobile home park design standards.

Mobile home parks shall be designed to meet the following requirements:

(1)

Automobile parking area. There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one for every four trailer sites.

(2)

Access roads. Access roads shall be paved to the following minimum widths:

a.

Eighteen feet where on-street parking is prohibited;

b.

Twenty-five feet where on-street parking is allowed on one side of the access road;

c.

Thirty-two feet where on-street parking is allowed on both sides of the access road.

(3)

Driveways. Mobile home spaces may abut upon a driveway of not less than 25 feet in width, which shall have unobstructed access to the access road within the mobile home park. The sole vehicular access shall not be by alley, and all dead-end driveways shall include adequate vehicular turning space or a cul-de-sac.

(4)

Pads. A minimum of six inches of compacted gravel, or other suitable pavement material, shall be installed for each trailer space. Size of pads shall be as follows:

a.

Ten percent: Ten feet by 40 feet or larger.

b.

Ninety percent: Ten feet by 60 feet or larger.

(5)

Walkways. Walkways not less than two feet wide shall be provided from the mobile home spaces to service buildings.

(6)

Sewer system. Each mobile home space shall be provided with a connection to a sanitary sewer line or to a sewer system approved by the county health department.

(7)

Park and recreation area. There shall be provided a park and recreation area having a minimum of 150 square feet for each mobile home space. Areas shall be consolidated into usable areas with minimum dimensions of not less than 30 feet.

(8)

Management office and service buildings. Each mobile home park shall be provided with a management office and such service buildings as are necessary to provide facilities for mail distribution, storage space for supplies, maintenance materials and equipment, and laundry facilities equipped with washing machines and dryers. Outside drying yards shall be enclosed with a six-foot-high solid fence.

(9)

Trailers without sewage disposal facilities. Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer line shall not be permitted in a mobile home park.

(10)

Prohibited uses. Mobile homes shall not be used for commercial, industrial, or other nonresidential uses within the mobile home parks.

(11)

Screening. A mobile home park shall be entirely enclosed, exclusive of driveways, at its external boundaries by a solid wall, fence, or evergreen hedge not less than seven feet in height. Such wall, fence, or hedge shall not be constructed or planted within the required front yard setback.

(12)

Sign. Each mobile home park shall be permitted to display, on each street frontage, one identifying sign of a maximum size of nine square feet. Said sign shall contain thereon only the name and address of the mobile home park and may be lighted by indirect lighting only.

(Ord. No. 90-13, § 04.10, 8-7-1990; Ord. No. 2001-06, § 2(04.10), 11-6-2001)

Sec. 54-201. - Drive-in facilities.

Drive-in facilities may be permitted only as an accessory use and only when the following provisions are met and approved by the city:

(1)

Location and arrangement of exits and entrances. No drive-in accessory use shall have an entrance or exit for vehicles which is located closer than 30 feet to any intersection. Individual ingress and egress drives extending across public sidewalks and curbs shall be subject to the same standards and approvals as those for off-street parking access.

(2)

Size and arrangement. No drive-in accessory use shall project into any front yard or, if applicable, street side yard further than the principal building. A maximum of six drive-in stalls is permitted and they shall be located so as to not restrict pedestrian access to any public entrance of the principal building. Any portion of the drive-in facilities, including access drives, which are located between the principal building and the required off-street parking shall have adequate pedestrian safeguards.

(Ord. No. 90-13, § 04.11, 8-7-1990; Ord. No. 2001-06, § 2(04.11), 11-6-2001)

Sec. 54-202. - Home occupations.

Permitted home occupations operated in any dwelling unit may be operated only if they comply with all of the following conditions:

(1)

Where permitted. Within a single-family dwelling unit, or in a building or other structure accessory to a dwelling unit and only by the person or persons maintaining a dwelling therein and not more than one additional person shall be employed therein.

(2)

Does not display or create outside the building any sign or other evidence of the home occupation.

(3)

Does not exceed 20 percent of the total living area of the dwelling unit within which it is located, exclusive of any attached garage or accessory structure.

(4)

A home occupation must be secondary to the use of the home for residential purposes.

(5)

There shall be no display of goods, machinery, equipment or any performance of work visible or audible from any street or adjoining property nor shall any home occupation activity generate noxious odors.

(6)

A home occupation may not generate excessive vehicular or pedestrian traffic to the residence, or otherwise negatively affect the residential character of the neighborhood.

(7)

Consultation with one individual at a time or providing individual instruction to one person at a time shall be deemed a home occupation.

(8)

Group consultation or giving of group instruction of any type shall be considered to be a business enterprise not eligible for consideration as a home occupation.

(9)

Animal boarding kennels involving more than five dogs and/or cats shall not be considered a home occupation allowable under this section.

(10)

Bed and breakfast facilities are not considered home occupations allowable under this section, but are considered special exception uses in the R-1 zoning district and governed by section 54-152(c)(1) and section 54-197.

(Ord. No. 90-13, § 04.12, 8-7-1990; Ord. No. 2001-06, § 2(04.12), 11-6-2001; Ord. No. 2013-01, § 1, 2-5-2013)

Sec. 54-203. - Special building setbacks for principal arterial roadways.

Along principal arterial roadways identified in the comprehensive plan, the minimum building setback shall be:

(1)

Planned for two lanes: 25 feet from the established highway right-of-way.

(2)

Planned for four lanes: 75 feet from the roadway centerline.

These building setback requirements shall be applicable within all zoning districts excluding the B-1 central business district.

(Ord. No. 90-13, § 04.13, 8-7-1990; Ord. No. 2001-06, § 2(04.13), 11-6-2001)