The uses permitted in a residence A district shall be as follows:

(a)

Single-family dwellings;

(b)

Accessory structures; accessory buildings customarily incidental to residential occupancy; provided, that no accessory building may be used as a dwelling, or occupied by any person, either on a long-term or temporary basis; further provided, that such prohibition shall not apply to any accessory building which was designed for human habitation and was in existence or in the process of construction on June 28, 1993;

(c)

Gardens and greenhouses customarily incidental to residential occupancy; provided, that the products grown there may not be sold on the premises;

(d)

Church buildings which are used primarily as places of public worship, but with such related uses which are customarily conducted in churches generally or are limited to churches of a specific religion or denomination, such as meetings of secular groups, the sale of books and gift items related to religious matters, the sale of prepared food for a meal which is related to a church service or function and the sale of unprepared kosher food;

(e)

Public libraries;

(f)

Art museums;

(g)

Public schools and private schools offering general educational courses; any such private school may conduct on the premises of the school a day care center, provided that all children who attend any such day care center must be under four years of age;

(h)

Playgrounds;

(i)

Parks;

(j)

Golf courses not operated for profit;

(k)

Tennis courts not operated for profit;

(1)

Swimming pools not operated for profit;

(m)

Philanthropic institutions;

(n)

Cultural or civic clubs, except a club the chief activity of which is a service customarily carried on as a business;

(o)

Municipal government buildings and facilities, including, but not limited to, fire stations, police stations and city hall.

(Ord. No. 1778, § 2(19-3-1), 9-8-2008; Ord. No. 1972, § 1, 2-27-2017)

The uses referred to in subsections 129-31(d)—(o) shall not be subject to the area and dimensional requirements noted in subsection 129-34(b) and (c), and shall not be subject to the provisions in section 129-314 (accessory structures and buildings) and section 129-319 (fences and walls) of this chapter, but shall be subject to the following conditions: no permit shall be issued for any of such uses, structures or other improvements to be constructed in connection therewith (in this subsection such structures and improvements shall be individually referred to as "improvement" and collectively referred to as "improvements") except with the prior written approval of the planning commission and subject to such reasonable conditions as the planning commission may require to preserve and protect the established character of the area surrounding the property proposed to be used for such purpose (the property proposed to be used for such purpose shall be referred to in this subsection as "property"), and otherwise to promote the purposes of this chapter.

Such conditions shall include, without limitation, the establishment of such offstreet parking areas as may be required by the planning commission and the determination by the planning commission that the streets abutting the property are of sufficient width and arrangement to allow adequate, safe and unimpeded traffic flow to and from the property and the areas adjacent to the property. In determining whether any such use or improvement is proper, the planning commission may require the party applying for the approval of such use or improvement to furnish to the planning commission any or all of the following information and documents and such additional information and documents which the planning commission may consider necessary or helpful in deciding whether a proposed use or improvement is subject to its approval and, if it is, whether to approve such requested use or improvement:

(a)

A survey of the property;

(b)

A topographical survey of the property;

(c)

A site plan for the property, showing the location, size, height and elevation of all existing and proposed improvements, the location, number and size of parking spaces and such other information about the existing and proposed improvements and the development plan for the property which the planning commission considers reasonably necessary for its consideration of the request for approval;

(d)

Plans for all proposed improvements;

(e)

A map or drawing showing the proximity of the property, and any improvements on the property or to be located on the property, to buildings and other improvements located on property adjacent to or near the property;

(f)

The type of construction materials to be used in the proposed improvements;

(g)

A traffic study with respect to the traffic expected to be generated by the use;

(h)

Information concerning outdoor lighting (including freestanding lighting fixtures and lighting fixtures to be attached to the improvements);

(i)

Information concerning fuel storage tanks (the type, size, location, proposed contents and other relevant facts concerning the fuel storage tanks shall be subject to the approval of the city's fire marshal);

(j)

The hours of operation of the activities proposed to be conducted on the property;

(k)

Information concerning the visibility of the proposed improvements from adjacent property, buildings and public streets;

(l)

Information concerning the proposed screening of the proposed improvements by fences, walls, berms, shrubs, trees or other means;

(m)

Whether any trees or other vegetation which would serve to screen the proposed improvements and the use thereof from adjacent property will be removed from the property; and

(n)

Information concerning vehicles, equipment and materials which may be stored on the property or within the improvements.

(Ord. No. 1778, § 2(19-3-2), 9-8-2008; Ord. No. 1840, § 1, 2-14-2011; Ord. No. 1972, § 1, 2-27-2017)

After one or more of the uses (including improvements to be used in connection therewith) referred to in subsections 129-31(d)—(o) have been approved by the planning commission, the following additions to, or modifications of, such uses and improvements which are made subsequent to such approval by the planning commission, shall or shall not require the prior written approval of the planning commission, as stated hereafter:

(a)

Any additional improvement which is to be built on property for which a use has previously been approved by the planning commission, shall be subject to the prior written approval of the planning commission, except that minor improvements ancillary to the use of improvements previously approved by the planning commission shall not require the approval of the planning commission. As used in this section, "minor" shall mean an improvement, the total cost of which, including labor, materials and all other costs, does not exceed $25,000.00.

(b)

A new improvement whether of the same type or a different type, which is to replace an improvement which was previously approved by the planning commission, and is to be razed, shall be subject to the prior written approval of the planning commission. A minor improvement which replaces an existing minor improvement shall not be subject to the approval of the planning commission.

(c)

An improvement which is to be constructed to replace an improvement destroyed by accidental fire, other casualty or an act of God shall not be subject to the approval of the planning commission (even if a portion of the improvement was razed because of damage to the improvement caused by such fire, casualty or act of God) so long as there is no change in the size, appearance or location of the original improvement or the purpose for which the improvement is to be used. Plans for any such replacement improvement shall be submitted to the zoning officer for determination as to whether such replacement improvement is subject to planning commission approval.

(d)

If an improvement previously approved by the planning commission is to be repaired or renovated because of normal wear and tear, obsolescence or damage caused by casualty, such repair or renovation shall not be subject to the approval of the planning commission so long as there is no change in the size, appearance or location of the improvement or the purpose for which the improvement is to be used. Plans for any such repair or renovation shall be submitted to the zoning officer for determination as to whether such replacement improvement is subject to planning commission approval.

(e)

The proposed use of additional land for a use previously approved by the planning commission, and any improvements located on such additional land, shall be subject to the approval of the planning commission, even if such improvements are minor improvements.

(Ord. No. 1778, § 2(19-3-3), 9-8-2008; Ord. No. 1840, § 2, 2-14-2011; Ord. No. 1972, § 1, 2-27-2017)

(a)

Minimum dimensions of parcel.

(1)

Minimum area of parcel .....30,000
square feet

(2)

Minimum width of parcel at all points between the street line and the front setback line .....100 feet

(3)

Minimum number of feet of the parcel which must abut a street .....100 feet

(b)

Minimum yards and building setbacks. .....

(1)

Minimum front yard setback .....40 feet

(2)

Minimum rear yard setback .....40 feet

(3)

Minimum side yard setback .....15 feet

(c)

Building limitations. .....

(1)

Maximum building area .....25 percent

of the total area of the parcel

Impervious surfaces are limited to 5 percent more than the allowed maximum building area, as specified in subsection 113-228(e) of chapter 113.

(2)

Maximum building height .....35 feet

(3)

Maximum number of stories .....2

(Ord. No. 1778, § 2(19-3-4), 9-8-2008; Ord. No. 1840, § 3, 2-14-2011; Ord. No. 1970, § 1, 1-10-2017)

(a)

Preexisting lots and parcels.

(1)

Any lot in a Residence A District which does not meet the minimum requirements of section 129-34(a)(1), but which was created, prior to February 26, 1996, in accordance with the applicable minimum area requirements for a lot in a Residence A District in effect on the date of final approval of the plat by which such lot was created, shall be considered to be in compliance with the minimum area requirements for a lot in a Residence A District.

(2)

Any parcel, other than a lot, in a Residence A District which does not meet the minimum requirements of section 129-34(a)(1), but which, prior to February 26, 1996, existed as a discrete parcel and was in compliance with the applicable minimum area requirements in effect for a parcel in a Residence A District when such parcel achieved its present area and configuration, shall be considered to be in compliance with the minimum area requirements for a parcel in a Residence A District.

(Ord. No. 1778, § 2(19-3-5), 9-8-2008)