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Murphy City Zoning Code

ARTICLE 30

07 DEVELOPMENT STANDARDS

§ 30.07.031 Purpose.

The purpose of this division is to secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
(2006 Code, sec. 86-701; Ordinance 04-05-610, sec. 38.1, adopted 5/17/04)

§ 30.07.032 Residential districts; special off-street parking provisions.

(a) 
Required off-street parking shall be provided on the same lot/tract/site as the use it is to serve.
(b) 
All required off-street parking for automobiles, boats, construction equipment and other similar vehicles shall be paved to a minimum standard of four inches thick, 3,000 per square inch (psi) concrete reinforced with minimum no. 3 rebar. Off-street parking in the SF-E district may have all-weather surface driveways as approved by the city manager or his designee.
(c) 
No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle, as defined in this chapter.
(d) 
In the AG, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH and MH single-family and two-family residential districts, the vehicle entryway to attached garages and carports shall not face a public street or right-of-way adjacent to the front or side lot/tract lines, except as may be provided in subsections (f) and (g) of this section. Carports shall not have an open side facing a street. No portion of an attached garage or carport may be forward of the front building line of the living area of the residence, except as may be provided in subsection (e) of this section. Newly constructed single-family and two-family residences shall include a private, attached and enclosed garage for all required off-street parking.
(e) 
Within the above-referenced zoning districts, a portion of the garage may extend out in front of the living area of the house (not including any second story living area) provided that no portion of any structure is located within the front yard setback, or side yard setback for a corner lot/tract, and provided that all of the following additional criteria are satisfied:
(1) 
No more than 60 percent of the width/depth of the garage, as measured on its axis that is most perpendicular to the street upon which the house faces, extends in front of the living area of the home. The front living area of the house is defined as first-floor space only and does not include any second-story living area. However, up to 80 percent of the width/depth of the garage may extend in front of the living area only if a third garage bay is provided and set back an increased distance from the frontmost facade of the house, in accordance with subsection (f)(5) of this section;
(2) 
The residential lot/tract is at least 80 feet in width, as measured at the front building line and at the point where the garage/house is located;
(3) 
The garage is architecturally integrated with, and complementary to, the overall architectural design of the house; and
(4) 
Provision of a masonry “wing-wall,” or other type of wall extension or a permanent, evergreen landscaped screen, in front of/alongside of the garage door opening is encouraged in order to help screen/hide garage contents when the garage doors are open, and to enhance privacy and security for the homeowner.
(f) 
The garage door of a third car garage bay may face the street only if all of the following criteria are satisfied:
(1) 
The third bay shall be only a single-car bay, and the door facing the street shall be no greater than ten feet in width and 8.5 feet in height;
(2) 
The garage door shall be set back an additional 20 feet beyond the frontmost facade of the house;
(3) 
The garage door facing the street shall be architectural, decorative, fenestrated, highly articulated, and of the same colors and materials as the rest of the home, such that it blends into the overall facade appearance;
(4) 
A masonry “wing-wall,” or other type of wall extension or a permanent, evergreen landscaped screen, a minimum five-foot height, four-foot to five-foot width out from the wall of the house, and 75 percent opacity within three years of initial planting/installation shall be provided in front of/alongside of the garage/driveway area;
(5) 
If the third garage bay is set back a minimum distance of 30 feet beyond the front facade of the house, then up to 80 percent of the width/depth of the required two-bay garage may extend in front of the home’s living area; and
(6) 
Where a two-bay garage is located in front of the living area and a one-bay garage is located in alignment with the first floor living area or behind the first floor living area and facing the street, and separated by a front entryway (front door) the garage doors on the two-bay garage, shall be individual-bay doors with a maximum width of ten feet and 8.5 feet in height.
(g) 
In the AG, SF-E, SF-20, SF-15 residential districts, the garage doors of a required attached two-bay garage on may face the street only if all of the following criteria are satisfied:
(1) 
The required attached garage shall be only a two-bay, and the doors facing the street shall be no greater than 18 feet in width and 8.5 feet in height;
(2) 
A required one-bay garage with a 12-foot drive through porte-cochere that is architectural, decorative, fenestrated, highly articulated, and of the same colors and materials as the rest of the home, such that it blends into the overall facade appearance attached to the home and in alignment with the front of the home’s living areas frontmost facade of the house/building line and placed directly in front of the required two-bay garage;
(3) 
The garage doors facing the street shall be architectural, decorative, fenestrated, highly articulated, and of the same colors and materials as the rest of the home, such that it blends into the overall facade appearance;
(4) 
A masonry “wing-wall,” or other type of wall extension or a permanent, evergreen landscaped screen, a minimum five-foot height, four-foot to five-foot width out from the wall of the house, and 75 percent opacity within three years of initial planting/ installation shall be provided in front of/along each side of the garage/driveway area; and
(5) 
If the two-bay garage is set back a minimum distance of 30 feet beyond the front facade of the house, then up to 60 percent of the width/depth of the required porte-cochere and one-bay garage may extend in front of the home’s living area.
(h) 
The minimum distance from the edge of a residential driveway to a shared interior side property line shall be five feet for a minimum distance of eight feet from the street right-of-way line, except in the instance of a shared driveway that straddles the property line and that has minimal elevation change across the property line and no steep drop-down to the next lot/tract. The distance from the side lot/tract line (including a street side lot line for a corner lot) to the garage door shall be at least 24 feet, and a 24-foot wide driveway with a paved six-foot hammerhead turnaround shall be provided for on-site maneuvering of vehicles. The edge of the driveway, at a shared interior side lot/tract line, shall be equipped with a curb at the edge of the driveway to prevent encroachment onto the adjoining lot/tract and to channel water drainage out to the street. Where there are more than 12 inches of elevation difference on side lot lines, the driveway shall be designed with a concrete/stone retaining wall to prevent erosion along edge of driveway. The minimum residential driveway width shall be 12-foot with five-foot radius from the street curb to the 24-foot driveway entrance of the required garage area.
(i) 
Off-street parking surface shall mean compacted gravel contained within a border providing a minimum depth of six inches; base asphalt having a minimum depth of two inches with a four-inch stabilized base; or reinforced concrete having a minimum depth of four inches.
(j) 
Driveway shall mean an off-street parking surface which provides egress and ingress from and to an adjacent street or alley and which is connected to a street or alley by a driveway approach.
(k) 
No driveway or off-street parking surface shall cover more than 50 percent of a residential front yard, as defined in section 30.01.006 of the Code of Ordinances of the city.
(2006 Code, sec. 86-702; Ordinance 04-05-610, sec. 38.2, adopted 5/17/04; Ordinance 05-03-645, sec. 10, adopted 3/4/05; Ordinance 05-03-649, secs. 2, 3, adopted 3/21/05; Ordinance 08-06-754, sec. 2, adopted 6/16/08; Ordinance 17-09-1059 adopted 9/5/17)

§ 30.07.033 Nonresidential and MF districts and nonresidential uses in residential districts; special off-street parking provisions.

(a) 
To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in chapter 26, article 26.04.
(b) 
For safety and firefighting purposes and for public convenience, free mutual access through to adjacent nonresidential parking areas and properties shall be provided in accordance with section 30.07.040, regarding fire lanes.
(c) 
All off-street parking, maneuvering, fire lane, loading and storage areas shall be paved with concrete paving in accordance with the city’s parking lot/tract paving requirements: six-inch-thick 3,000 per square inch (psi) concrete reinforced with minimum no. 3 rebar spaced no less than 24 inches on center in both directions, and with a six-inch lime stabilized subgrade, and with six-inch raised concrete curbs, and graded to drain properly per city standards to prevent standing or pooling of water; minimum one percent grade is required. All driveway approaches shall be of reinforced concrete as described above, and shall be curbed to city standards. No paved parking space or area shall be designed such that a vehicle has to back up into a public street or across a public sidewalk, except for single-family and two-family dwellings, which are only allowed to egress onto a local (50-foot right-of-way) or residential collector (60-foot right-of-way) street. The standard in this subsection shall be used unless verification can be provided that an alternative concrete thickness and/or psi rating will be adequate to provide for longevity and durability due to soil/topological characteristics that are intrinsic to the site. In this instance, eight-inch-thick 3,000 per square inch (psi) concrete constructed on compacted soil subgrade reinforced with minimum no. 3 rebar spaced no less than 24 inches on center in both directions may be used for designated fire lanes and six-inch-thick 3,000 per square inch (psi) concrete constructed on compacted soil subgrade reinforced with minimum no. 3 rebar spaced no less than 24 inches on center in both directions may be used for off-street parking, maneuvering, loading and storage areas. The soil subgrade for both fire lanes and off-street parking, maneuvering, loading and storage areas is to be compacted to a minimum of 95 percent of Standard Proctor Density, at or above optimum moisture. No vehicular traffic is allowed on the finished subgrade before the pouring of concrete.
(d) 
All parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
(e) 
Each standard off-street surface parking space size shall be in accordance with the design standards as shown on illustration 10 for space size and design, printed at the end of this chapter. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:
(1) 
Standard: Nine feet by 20 feet; 18-foot length is allowed provided that the parking space has a two-foot clear bumper overhang area that does not encroach upon a public right-of-way, a sidewalk of less than six feet in width, or adjacent property.
(2) 
Compact: Eight feet by 16 feet; must be clearly designated with appropriate signage and pavement markings (also see section 30.07.037(8)).
(3) 
Parallel: Eight feet by 22 feet.
(f) 
The perimeter of all parking lot/tracts and driveways shall be provided with concrete curbs or other means to control traffic. All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide walkway on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four-foot minimum walkway width. Parking shall not be permitted to encroach upon the public right-of-way or upon neighboring property in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot/tract. All entrances into parking lot/tracts shall be at least 50 feet from the beginning (i.e., tangent) point of any street corner radius. All entrances into parking lot/tracts shall be at least 24 feet in width, a maximum of 45 feet in width or 50 feet for divided entrances. Divided entrances into parking lot/tracts shall have a minimum ingress lane of 18 feet, a minimum landscaped median width of five feet for an unbroken distance of at least 100 feet into the site, and a minimum egress lane of 22 feet. If the entrance is for a fire lane, then it shall have 22 feet minimum ingress and egress lanes with the same median standards as above.
(g) 
Refuse storage facilities placed in a parking lot/tract shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and ease of egress from the site without having to back up further than 20 feet and without having to go the wrong way in a traffic aisle.
(h) 
Parking spaces for persons with disabilities and other associated provisions for the disabled shall be provided according to building codes, state laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the main entrance of the building, and shall be appropriately and clearly marked.
(i) 
In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing, other than the normal maintenance of a private vehicle, of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas.
(j) 
To ensure that all requirements set forth in this division are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. After initial approval of the parking area layout changes may be made in the location and number of provided spaces without approval of a revised site plan (see article 30.02, division 7).
(k) 
Off-street stacking requirements for drive-through facilities:
(1) 
A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.
(2) 
For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces. One escape lane shall be provided.
(3) 
For each service window of a drive-through restaurant, a minimum of five spaces shall be provided for the first vehicle stop, and two spaces shall be provided for each additional vehicle stop. One escape lane shall be provided from the beginning of the stacking lane to the first stop.
(4) 
For retail operations, other than restaurants, banks, etc., and kiosks that provide drive-up service, a minimum of three stacking spaces for each service window shall be provided.
(5) 
For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of four stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.
(6) 
For each automated self-service carwash bay, a minimum of three stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.
(7) 
For each wand-type self-service carwash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate shaded structure is provided outside of circulation aisles for these activities.
(8) 
For automobile quick-lube type facilities, a minimum of three stacking spaces shall be provided for each service bay in addition to the service bay itself.
(l) 
Dead-end parking areas shall be avoided if possible. If dead-end parking is necessary, then it shall be designed such that it is no more than three parking spaces deep unless adequate turnaround space is provided. A minimum five-foot-deep hammerhead backup space shall be provided at the end of any dead-end parking area.
(m) 
All parking structures must conform to the construction and design standards of the zoning district in which they are located.
(2006 Code, sec. 86-703; Ordinance 04-05-610, sec. 38.3, adopted 5/17/04; Ordinance 08-06-754, sec. 3, adopted 6/16/08)

§ 30.07.034 Off-street loading space for all districts.

(a) 
All retail and other nonresidential structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot/tract or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks (see illustration 2 printed at the end of this chapter). Such off-street loading space may be adjacent to, but not any portion of, a public alley or private service drive, or it may consist of a truck berth within the structure. The minimum dimensions of a “regular” loading space shall be ten feet by 30 feet, and a “large” loading space shall be at least ten feet by 65 feet. Loading spaces or berths shall be provided in accordance with the following schedule:
(1) 
Office and institutional uses, or portions of building devoted to office/institutional uses:
0 to 19,999 square feet: 0 spaces.
20,000 to 49,999 square feet: 1 regular space.
50,000 to 149,999 square feet: 1 regular space and 1 large space.
150,000+ square feet: 2 regular spaces and 1 large space.
(2) 
Retail/commercial and restaurant uses, or portions of building devoted to retail/commercial and restaurant uses:
0 to 3,999 square feet: 0 spaces.
4,000 to 9,999 square feet: 1 regular space.
10,000 to 29,999 square feet: 1 regular space and 1 large space.
30,000 to 99,999 square feet: 2 regular spaces and 1 large space.
100,000 to 200,000 square feet: 2 regular spaces and 2 large spaces.
Each additional 100,000 square feet, or portion thereof, over 200,000: 1 additional large space.
(b) 
In all nonresidential zoning districts, loading docks or service/delivery entrances shall not be constructed facing any public street, and shall not be visible from any public street. Such loading areas shall be screened from view of any public street by the building itself, or by a masonry screening wing wall at least 12 feet in height with large evergreen trees and shrubs planted in front of it such that limited portions of the wing wall will be visible when the trees and shrubs are mature. Such masonry wing wall shall match the exterior construction materials and colors of the main building, shall have a textured finish, and shall be located no closer than 100 feet to any public street right-of-way line (see illustrations 14 and 15 printed at the end of this chapter).
(c) 
Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent or close to a residential use or district shall be designed and constructed so as to enclose the loading operation on at least three sides in order to reduce the effects of the noise of the operation on adjacent residences. Other screening/buffering alternatives may be approved on the site plan provided that the city council makes a finding that the alternative method of screening/buffering will be adequate to protect nearby residences.
(d) 
Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one paved off-street pedestrian loading and unloading space for an automobile on a through, “circular” drive for each ten students cared for, excluding child care in a residence. An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.
(e) 
Loading spaces that are adjacent and easily accessible to several buildings or uses, including buildings and uses on separate lot/tracts, shall be allowed to satisfy the loading requirements for the individual buildings or uses, provided that:
(1) 
The number of spaces satisfies the requirements for the combined square footages for the buildings or uses in question; and
(2) 
For loading spaces to be shared among separate lot/tracts, they must be in reasonably close proximity to all potential users and an agreement granting mutual use by the owners of each building shall be executed and provided to the city.
(2006 Code, sec. 86-704; Ordinance 04-05-610, sec. 38.4, adopted 5/17/04)

§ 30.07.035 Parking access from a public street for all districts.

(a) 
In the approval of a site plan, design consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.
(b) 
In all districts, except single-family and duplex zoning districts, the site plan and paving plans shall provide for entrance/exit drives appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets. Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and/or street paving improvements in the form of a deceleration lane, a turn lane, or other roadway improvements may be required of a developer in order to reduce such interference and to help ensure traffic safety and efficiency. The dedication of additional right-of-way or street paving may also be required, and shall be determined at the time of site plan and construction plat approval.
(c) 
Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as “head-in” parking spaces which are accessed directly from the street.
(d) 
Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to illustration 10 printed at the end of this chapter.
(2006 Code, sec. 86-705; Ordinance 04-05-610, sec. 38.5, adopted 5/17/04)

§ 30.07.036 Parking requirements based upon use.

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:
(1) 
Assisted living facility:
One parking space shall be provided for each three dwelling units within an assisted living facility. In addition, one parking space shall be provided for each day shift staff member, and one parking space shall be provided for each 20 dwelling units to accommodate guests.
(2) 
Automobile parts sales (indoors):
One space per 500 square feet of indoor floor area, plus one space for each 2,000 square feet of outside sales area.
(3) 
Automobile sales and service:
See motor vehicle sales.
(4) 
Bank, savings and loan, or similar institution:
One space per 250 square feet of gross floor area in addition to required stacking spaces (see section 30.07.033(k)).
(5) 
Bowling alley or center:
Six parking spaces for each alley or lane.
(6) 
Business or professional office (general):
One space per 300 square feet of gross floor area, except as otherwise specified herein.
(7) 
Carwash (self-serve):
One space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; Carwash (full service): One space per 150 square feet of floor area in addition to the required stacking spaces (also see section 30.07.033(k)).
(8) 
Church, rectory, or other place of worship:
One parking space for each three seats in the main auditorium/sanctuary (see section 30.07.037(2)).
(9) 
Commercial amusement (indoor):
One space per 100 square feet of gross floor area, or as follows:
(A) 
Racquetball or handball courts:
Three spaces for each court.
(B) 
Indoor tennis courts:
Six spaces for each court.
(C) 
Gymnasium, skating rinks, and martial arts schools:
One space for each three seats at a maximum seating capacity (based upon maximum occupancy), plus one space for each 200 square feet.
(D) 
Swimming pool:
One space for each 100 square feet of gross water surface and deck area.
(E) 
Weight lifting or exercise areas:
One space for each 100 square feet.
(F) 
Indoor jogging or running tracks:
One space for each 100 linear feet.
(G) 
Motion picture theaters (which do not include live performances):
(i) 
One space per 3.5 seats for single-screen theaters;
(ii) 
One space per five seats for motion picture theaters with two or more screens (see section 30.07.037(2)).
(H) 
Amusement center:
One space for each game table and one space for each amusement device.
(I) 
All areas for subsidiary uses not listed above or in other parts of this division (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.
(10) 
Commercial amusement (outdoor):
Ten spaces plus one space for each 500 square feet over 5,000 square feet of building and recreational area.
(11) 
Commercial use:
One space per 250 square feet of floor area.
(12) 
Community center, library, museum or art gallery:
Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains (see section 30.07.037(2)).
(13) 
Community home:
Residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home.
(14) 
Convenience store (with gasoline pumps):
One space per 200 square feet of floor area, plus one parking space for each side of a gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Convenience store (without gasoline pumps): If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.
(15) 
Dance/aerobics studio, or assembly/exhibition hall without fixed seats:
One parking space for each 100 square feet of floor area thereof.
(16) 
Day nursery, day care center:
One space per ten pupils (based upon maximum occupancy and/or licensing capacity), plus one space per teacher, plus one space for each bus or van stored on the property (and sized to accommodate the vehicle); also see stacking requirements in section 30.07.034(d).
(17) 
Defensive driving school/class:
One space for each classroom seat (see section 30.07.037(2)).
(18) 
Fast-food or drive-in restaurant:
One parking space per 100 square feet of gross floor area (including indoor/outdoor play areas and patio dining areas), or one space for every three seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities (see section 30.07.033(k)).
(19) 
Food/grocery store <50,000 sq. ft.:
One parking space per 200 square feet of floor area.
(20) 
Food/grocery store >50,000 sq. ft.:
One parking space per 250 square feet of floor area.
(21) 
Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service:
Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet.
(22) 
Gasoline station:
One space per 200 square feet of floor area, plus one space for each side of a gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.
(23) 
Golf course:
Four parking spaces per hole or green plus requirements for retail, office, and clubhouse areas and one space per each two employees.
(24) 
Golf driving range:
1-1/2 spaces for each driving tee.
(25) 
Health club, health spa or exercise club:
One space per 150 square feet of floor area.
(26) 
Hospital:
One space for each two beds or examination room, whichever is applicable; plus one space for every two employees during periods of full occupancy.
(27) 
Hotel/motel:
1.25 spaces per guest room in addition to required parking for meeting rooms and restaurants.
(28) 
Institutions of a philanthropic nature:
Ten spaces plus one space for each employee.
(29) 
Independent senior living facility:
One parking space shall be provided for each dwelling unit within an independent senior living facility. In addition, one parking space shall be provided for each day shift staff member, and one parking space shall be provided for each 20 dwelling units to accommodate guests.
(30) 
Library or museum:
Ten spaces plus one space for every 300 square feet.
(31) 
Lodge or fraternal organization:
One space per 200 square feet.
(32) 
Lumber yard/home improvement center:
One space per 400 square feet display area, plus one space per 1,000 square feet of warehouse.
(33) 
Manufactured housing or manufactured housing park:
Two spaces for each manufactured housing unit, plus visitor/supplemental parking for a manufactured housing park, in accordance with section 30.03.314(b), plus additional spaces as required herein for accessory uses.
(34) 
Medical or dental office:
One space per 150 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.
(35) 
Mini warehouse:
Four spaces per establishment, plus two spaces for an on-site manager's residence (if applicable), plus one appropriately sized space for any type of vehicle to be stored on-site (e.g., rental trucks, boats, RVs, etc.).
(36) 
Mortuary or funeral home:
One parking space for each 200 square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one space for each three seats in the auditorium/sanctuary (see section 30.07.037(2)), whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.
(37) 
Motor vehicle sales and new or used car lot/tracts:
One parking space for each 500 square feet of sales floor/office and other indoor uses, plus one parking space for each 1,000 square feet of exterior lot/tract area used for storage, sales and parking areas, plus one parking space per repair bay in service areas (indoors or outdoors), plus one parking space per service/towing vehicle to be stored on-site (required parking spaces are in addition to those to be used for the storage/display of vehicles for sale/lease).
(38) 
Nursing home/convalescent center:
One parking space shall be provided for each four beds within a nursing home/convalescent center.
(39) 
Office (administrative or professional):
One space for each 300 square feet of floor area.
(40) 
Outdoor display:
One space for each 600 square feet of open sales/display area.
(41) 
Pawnshop:
One space for each 200 square feet of floor area.
(42) 
Places of public assembly not listed:
One space for each three seats provided (see section 30.07.037(2)).
(43) 
Real estate office:
One space for each 200 square feet.
(44) 
Restaurant, private club, nightclub, cafe or similar recreation or amusement establishment:
One parking space for each 100 square feet of gross floor area (including indoor/outdoor play areas and patio dining areas), or one space for every three seats based on maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities (see section 30.07.033(k)).
(45) 
Retail or personal service establishment, except as otherwise specified herein:
One space per 200 square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see section 30.07.033(k)).
(46) 
Roominghouse or boarding house, or group quarters:
One parking space for each sleeping room, plus one parking space for each host resident or employee during maximum (i.e., peak) shift..
(47) 
School, elementary (grades K–6):
One parking space for each 15 students (design capacity).
(48) 
School, secondary or middle (grades 7–8):
One parking space for each 12 students (design capacity).
(49) 
School, high school (grades 9–12):
One space for each three students, faculty and staff (design capacity).
(50) 
Storage or warehousing, and light manufacturing:
One space for each two employees on duty at peak shifts, or one space for each 1,000 square feet of total floor area, whichever is greater.
(51) 
Technical school, college, junior college or university:
One space per three students, based upon maximum enrollment or design capacity, whichever is greater.
(52) 
Telemarketing:
One space per each 250 square feet of floor space.
(53) 
Terminal facilities, truck terminals, bus depots, and other similar transportation uses:
For warehouse and staging/loading areas, one space for each two employees on duty at peak shifts, or one space for each 1,000 square feet of floor area, whichever is greater; for bus depot or other human transportation use, one space per 100 square feet of passenger waiting area, plus parking spaces for any warehouse and staging/loading areas on the premises (as above).
(54) 
Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium):
One parking space for each three seats or bench seating spaces (see section 30.07.037(2)).
(55) 
Veterinarian clinic:
One space per 300 square feet of gross floor space.
(56) 
Wholesale distribution uses:
One space for each two employees on duty at peak shifts, or one space for each 1,000 square feet of total floor area, whichever is greater.
(2006 Code, sec. 86-706; Ordinance 04-05-610, sec. 38.6, adopted 5/17/04; Ordinance 15-06-994, sec. 16, adopted 6/2/15; Ordinance 17-11-1069, sec. 6, adopted 11/21/17; Ordinance 22-09-1282 adopted 9/20/2022; Ordinance 23-06-1315 adopted 6/20/2023; Ordinance 23-10-1335 adopted 10/17/2023)

§ 30.07.037 Rules for computing number of parking spaces and miscellaneous off-street parking requirements.

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(1) 
“Floor area” shall mean the gross floor area of the specific use.
(2) 
“Seat” shall be interpreted as follows:
(A) 
For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals 1.75 feet of length; and
(B) 
For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight square feet of floor area occupied by such seating area (includes aisles).
(3) 
Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.
(4) 
The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the city manager or his designee, in accordance with the requirements for the most closely related use specified in this division. In the event the applicant disagrees with this determination, then he may submit a request for determination by the planning and zoning commission and the city council using the same process as provided in section 30.06.001(c) for classifying new and unlisted uses.
(5) 
Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. If a building or use that was in existence prior to the effective date of the ordinance from which this chapter is derived is enlarged by more than 50 percent in floor area, based upon the floor area at the time of adoption of such ordinance, number of employees, number of dwelling units, seating capacity or otherwise, then said building or use shall be required to conform with the parking requirements herein for the entire building or use.
(6) 
For buildings which have a combination of uses within the same structure or on the same premises (such as retail or office), the off-street parking requirement shall be calculated as the summation of the parking requirements for each use, and no parking space for one particular use shall be allowed to count toward the parking requirement for some other use on the premises except in the case of a shared parking arrangement (see subsection (7) of this section).
(7) 
Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions: Up to 50 percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot/tract. Reduction due to shared parking shall only be allowed if approved on the site plan. To assure retention of the shared parking spaces, each property owner shall property draw and execute an irrevocable mutual parking agreement document expressing the same, shall file this agreement with the county, and shall provide a copy of the filed agreement to the city prior to issuance of a certificate of occupancy for any use that relies upon the parking agreement.
(8) 
Compact car spaces. In the O, NS, R/LC and BP districts only, compact car parking spaces may be permitted when approved as part of a detailed site plan by the planning and zoning commission and the city council, providing at least one of the following conditions apply:
(A) 
Where it is necessary to preserve the natural landscape and native trees, a maximum of ten percent of required parking may be designated for compact cars.
(B) 
For parking lot/tracts larger than 100 spaces involving a shopping center, a maximum of 20 percent of the required parking may be for compact cars.
(C) 
For parking lot/tracts larger than 100 spaces involving large single-tenant industrial or office buildings, a maximum of 25 percent of the required parking may be for compact cars.
The city shall not be responsible for policing the use of compact car spaces on private property or for citing violations thereof.
(2006 Code, sec. 86-707; Ordinance 04-05-610, sec. 38.7, adopted 5/17/04)

§ 30.07.038 Location of parking spaces.

All parking spaces required herein shall be located on the same lot/tract (and within 200 feet, in the case of nonresidential buildings/uses) of the building or use served, except as follows:
(1) 
Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required additional spaces may be located not to exceed 300 feet from any nonresidential building served.
(2) 
In any case where the required parking spaces are not located on the same lot/tract with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the planning and zoning commission and the city council is required according to the following criteria: Off-site parking may be permitted on an immediately contiguous lot/tract or tract, or on a lot/tract or tract within 200 feet of such building or structure providing:
(A) 
That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use; or
(B) 
That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.
(2006 Code, sec. 86-708; Ordinance 04-05-610, sec. 38.8, adopted 5/17/04)

§ 30.07.039 Use of required parking spaces, nonresidential districts.

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale/lease/rent.
(2006 Code, sec. 86-709; Ordinance 04-05-610, sec. 38.9, adopted 5/17/04)

§ 30.07.040 Fire lanes.

(a) 
Fire lanes shall be provided in all multifamily, single-family attached, manufactured/mobile homes, and nonresidential developments, as required by the adopted fire code of the city (also see the subdivision regulations in chapter 28 for certain fire lane regulations). Fire lanes shall be a minimum width of 24 feet of paving, and shall have a minimum inside turning radius at curves of 20 feet, or as required by the fire code and/or the fire chief of the city. The minimum overhead vertical clearance over fire lanes shall be 14 feet for a linear distance of 50 feet on each side (i.e., in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure (e.g., canopy, roof overhang, vertical height control device, etc.).
(b) 
Whenever 40 percent or more of an existing, nonconforming fire lane is replaced or resurfaced within a 12-month period, the entire fire lane shall be replaced with concrete according to the city’s current paving standards (see section 30.07.033(c)).
(2006 Code, sec. 86-710; Ordinance 04-05-610, sec. 38.10, adopted 5/17/04)

§ 30.07.071 General requirements.

(a) 
In a residential district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall not be permitted without a main building or primary use being in existence.
(b) 
In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located toward the rear portion of the property.
(c) 
Accessory dwelling units in the AG and SF-E zoning districts shall be allowed as an incidental residential use of a building on the same lot/tract as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:
(1) 
The accessory dwelling unit shall be constructed to the rear of the main dwelling, and separate from the main dwelling.
(2) 
The accessory dwelling unit shall be constructed only with the issuance of a building permit, and shall be constructed out of the same material as the main structure.
(3) 
The accessory dwelling unit shall not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be leased or sublet.
(4) 
Setback requirements shall be the same as for the main structure.
(5) 
Accessory dwellings shall not be permitted without the main or primary structure.
(6) 
All accessory dwellings and accessory structures shall use the utilities from the main structure for water and sewer, etc.
(7) 
No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or a guest or family member of the owner/occupant. Only one accessory dwelling unit shall be allowed on any lot/tract.
(2006 Code, sec. 86-761; Ordinance 04-05-610, secs. 40.1–40.4, adopted 5/17/04; Ordinance 10-01-828, sec. 2, adopted 1/4/10; Ordinance 17-09-1059 adopted 9/5/17)

§ 30.07.072 Area regulations for residential districts.

(a) 
Accessory buildings require main structure.
Accessory buildings shall not be permitted without a main structure.
(b) 
Floor area of accessory buildings.
In all residential districts (including agricultural), the total floor area of all accessory structures shall not exceed 50 percent of the square footage of the livable area of the residence on the premises, or five percent of the lot/tract area, whichever is larger.
(c) 
Number of accessory buildings.
No more than two accessory buildings shall be on any residential (or agricultural) lot/tract, except that residential lots 20,000 square feet or larger in size may have up to four accessory buildings.
(d) 
Height and yard requirements.
(1) 
No accessory building shall be located within any dedicated easement.
(2) 
Accessory buildings shall not be erected in any required front yard. Such buildings shall be located toward the rear portion of the property.
(3) 
Accessory buildings up to 120 square feet in floor area:
(A) 
Shall not be located closer than five (5) feet from the main structure.
(B) 
Shall be setback a minimum of five (5) feet from side/rear lot line.
(C) 
Shall be setback a minimum of five (5) feet from street side yard, provided an eight (8) foot solid fence or wall is built to screen the building.
(D) 
Shall be a maximum height of twelve (12) feet.
(4) 
Accessory buildings more than 120 square feet and up to 500 square feet in floor area:
(A) 
Shall not be located closer than ten (10) feet from the main structure.
(B) 
Shall be setback a minimum of five (5) feet from side/rear lot line.
(C) 
Street side yard setback shall be the same as main structure.
(D) 
Shall be a maximum height of sixteen (16) feet.
(5) 
Accessory buildings more than 500 square feet in floor area:
(A) 
Shall not be located closer than ten (10) feet from the main structure.
(B) 
Shall be setback a minimum of ten (10) feet from the side/rear lot line.
(C) 
Street side yard setback shall be the same as main structure.
(D) 
Shall be a maximum height of twenty-four (24) feet.
(6) 
An arbor/gazebo/pergola shall be located no closer than five (5) feet from the side/rear lot line.
(7) 
Detached garages and carports located and arranged to be entered from an interior side yard shall have a minimum setback of twenty-four (24) feet from the side lot/tract line. Carports or garages arranged to be entered from the side yard facing a public street, or from a rear or side alley shall have a minimum distance equal to the required setback for the main building or twenty-four (24) feet, whichever is greater. (See diagram 16 [illustration 16] at the end of this chapter.)
(8) 
Detached carports shall follow the same setback and height requirements as other accessory buildings. A detached carport shall not exceed twenty-four (24) feet on its longest dimension, except that in a residential zoned district with lots 20,000 square feet or larger in size, a carport may exceed twenty-four (24) feet in its longest dimension.
Carports shall be measured from the posts supporting the roof nearest to the street or alley. (See illustration 4 at the end of this chapter.) A carport shall have a minimum 4:12 pitch roof. Roofing materials shall match that of the main structure or be a standing seam metal roof.
(2006 Code, sec. 86-762; Ordinance 04-05-610, sec. 40.5, adopted 5/17/04; Ordinance 10-01-828, sec. 3, adopted 1/4/10; Ordinance 17-09-1059 adopted 9/5/17; Ordinance 21-04-1199 adopted 4/6/21)

§ 30.07.073 Area regulations for accessory buildings in nonresidential and multifamily districts.

(a) 
Size of yards.
(1) 
Front yard:
Same as for main structure. Detached accessory building shall be prohibited in front of the main building.
(2) 
Side and rear yards:
Same as for main structure.
(b) 
Carports.
Carports shall be measured from the posts supporting the roof nearest to the street or alley. (See illustration 4 at the end of this chapter.)
(c) 
Accessory buildings require main structure.
Accessory buildings shall not be permitted without a main structure.
(d) 
Height of accessory buildings.
Accessory buildings shall not exceed the height allowed in the specific zoning district, except that taller accessory buildings may be allowed in certain zoning districts (see appendix A-1 at the end of this chapter) by special use permit if there is no adverse impact upon adjacent properties.
(2006 Code, sec. 86-763; Ordinance 04-05-610, sec. 40.6, adopted 5/17/04; Ordinance 17-09-1059 adopted 9/5/17)

§ 30.07.074 Exterior construction standards for accessory buildings.

See chapter 26, article 26.06 for exterior construction standards for accessory buildings.
(2006 Code, sec. 86-764; Ordinance 04-05-610, sec. 40.7, adopted 5/17/04)

§ 30.07.075 Exemptions for portable on-demand storage units.

(a) 
Definition.
Portable on-demand storage (PODS) unit shall be defined as any transportable container that is designed for shipping and/or temporary storage and/or disposal of materials and/or equipment.
(b) 
PODS units shall only be permitted under the following conditions:
(1) 
All PODS units permitted under this section shall be no larger than 40' x 8' x 8.6' in size. There shall be no limit to the number of PODS units if all criteria within this section and the zoning code are met. This section shall not be misconstrued to limit the placement of accessory structures in conformance with the zoning code.
(2) 
In residential districts, PODS units shall be permitted to be placed on a paved surface and shall not be placed on any public right-of-way. The PODS unit shall not be placed on natural areas of any front or side yard, except in those cases of new construction whereby no improvements exist on the site at the time of permitting. The PODS units shall only be permitted for use during residential remodeling and construction or for use as temporary residential storage during moving.
(A) 
PODS units for use during residential remodeling and construction:
(i) 
A PODS unit shall be permitted in conjunction with a complete and active residential building permit for: Demolition or residential new home/addition/remodel. In all cases, there must be a clear demonstrable need for the PODS unit.
(ii) 
The use of PODS units is limited to one permit per calendar year, however, the building official in their determination, may allow PODS units in conjunction with additional sequential permits if the need is apparent in those certain cases where multiple permits are needed for a major project.
(iii) 
PODS units shall be removed within seven (7) days of final inspection of the structure.
(iv) 
If there is a demonstrable need for a PODS unit for an improvement of a home whereby a permit is otherwise not required by the city, the building official shall be granted the ability to allow, in writing and at their discretion, a PODS unit two times annually, for a period not to exceed thirty (30) days. The person requesting the PODS shall be required to submit a request in writing clearly demonstrating the need.
(B) 
PODS units for use as for temporary residential storage during moving:
(i) 
PODS units for moving out of a residential home may only be used in conjunction with a request to discontinue municipal utility services filed with the city. PODS units may be placed on-site at any time during the thirty (30) days prior to the requested disconnect date and seven (7) days thereafter.
(ii) 
PODS units for moving into a residential home may only be used in conjunction with a request to begin municipal utility services filed with the city. PODS units may be placed on-site at any time during the thirty (30) days after the time of the requested connection date and seven (7) days prior.
(iii) 
Disconnect or connection dates shall only be in conjunction with resident turnovers and shall be enforceable by requesting proof of lease or sale of the property if more than two (2) requests are made per calendar year for an individual property.
(3) 
In nonresidential districts, all PODS units shall be placed in the most inconspicuous place away from the right-of-way and behind the primary structure. If for reasons of convenience the PODS must be placed in front of the primary structure, it shall be immediately adjacent to the construction site and screened within a temporary or permanent barrier. PODS units shall only be placed on a paved surface, except in those cases of new construction whereby no improvements exist on the site at the time of permitting. PODS units shall not be placed in any pathway or fire access easement.
(A) 
PODS units for nonresidential use:
(i) 
PODS may be used on a site during an active construction permit in a nonresidential district.
(ii) 
PODS are otherwise not permitted except for brief use during loading and unloading of goods directly related to the business. A PODS unit shall not remain on a site more than twenty-four (24) hours in accordance with the outside storage standards of the zoning code.
(iii) 
PODS are not to be confused with trash containers or dumpsters, etc., which are screened from view and only store trash and refuse and are otherwise permitted by ordinance.
(Ordinance 25-02-1377 adopted 2/4/2025)

§ 30.07.101 Setback measurements.

(a) 
Measuring setbacks.
All setback measurements shall be made in accordance with illustration 6 printed at the end of this chapter.
(b) 
Configuration of lot/tract.
Wherever possible, flag lot/tracts shall be avoided. Similarly, through lot/tracts shall also be avoided wherever possible. (Also see chapter 28 regarding subdivisions for regulations pertaining to the configuration of lot/tracts.)
(c) 
Building setbacks.
All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this chapter. Setbacks established on a recorded plat shall only be changed through replat proceedings (see chapter 28 regarding subdivisions).
(2006 Code, sec. 86-821; Ordinance 04-05-610, sec. 43.1, adopted 5/17/04)

§ 30.07.102 Front yard.

(a) 
On all corner lot/tracts, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a construction plat. Where single-family and duplex lot/tracts have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see illustration 3 [9] printed at the end of this chapter).
(b) 
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see illustration 3 printed at the end of this chapter).
(c) 
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard (see illustration 6 [4] printed at the end of this chapter). Open porches extending into the front yard shall not be enclosed.
(d) 
Minimum lot/tract widths for lot/tracts with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot/tract widths for all lot/tracts shall be as set forth in the respective zoning district for each lot/tract.
(e) 
Gasoline service station pump islands (and their canopy structures) that parallel a public street may be located a minimum of 18 feet to the property line adjacent to a public street. For pump islands (and canopies) that are perpendicular or diagonal to a public street, the setback shall be 30 feet in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands and their canopies may extend beyond the front building line as described above, provided that all other requirements of this chapter are met, but shall not be closer than 15 feet to any property line that is not adjacent to a public street.
(f) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(g) 
If 50 percent or more improved with existing buildings, and if the front yard setback for these existing buildings is greater than the front yard required for that zoning district in this chapter, then no new building shall be constructed to project beyond the least front yard depth of the existing buildings without a variance from the board of adjustment.
(2006 Code, sec. 86-822; Ordinance 04-05-610, sec. 43.2, adopted 5/17/04)

§ 30.07.103 Side and rear yards.

(a) 
On a corner lot/tract used for one-family or two-family dwellings, both street exposures shall be treated as front yards on all lot/tracts platted after September 3, 2002 (pursuant to chapter 28 regarding subdivisions, Ordinance No. 02-09-549, as amended), except that where one street exposure is designated as a side yard for both adjacent lot/tracts or where the two lot/tracts are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, the building line may be designated as a side yard of 15 feet or more (as determined by the applicable zoning district standards). On lot/tracts which were official lot/tracts of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
(b) 
Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side or rear yard, and roof eaves projecting not to exceed 48 inches into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet from the adjacent property line.
(c) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(d) 
Where retaining walls are installed/required, said retaining walls shall be constructed of stone, brick or other masonry materials. Wood products/materials are not approved for retaining wall development/construction.
(2006 Code, sec. 86-823; Ordinance 04-05-610, sec. 43.3, adopted 5/17/04)

§ 30.07.104 Special height regulations.

In districts where the height of buildings is restricted to two or more stories, cooling towers may extend for an additional height not to exceed 50 feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, city or school district buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.
(2006 Code, sec. 86-824; Ordinance 04-05-610, sec. 43.4, adopted 5/17/04)

§ 30.07.105 Communications antennae and support structures/towers.

(a) 
Applicability.
(1) 
The regulations in this section apply to all commercial and amateur antennae and support structures, unless exempted in subsection (a)(2) of this section.
(2) 
Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the Federal Communications Commission), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is 20 feet or more in height:
(A) 
In a nonresidential zoning district, antennae that are two meters or less in diameter;
(B) 
In any zoning district, antennae designed to only receive television broadcasts;
(C) 
In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and
(D) 
In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over 20 feet in height.
(3) 
Support structures or antennae legally installed before May 27, 2004, are not required to comply with this chapter, but must comply with all applicable state, federal and local requirements, building codes and safety standards.
(b) 
Special definitions.
For the purpose of this section, the following special definitions shall apply:
(1) 
Antenna, microwave reflector and antenna support structure.
An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (TVROS), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.
(2) 
Antenna (noncommercial/amateur).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet in diameter shall also be considered as a noncommercial antenna.
(3) 
Antenna (commercial).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet in diameter shall also be considered as a commercial antenna.
(4) 
Collocation.
The use of a single support structure and/or site by more than one communications provider.
(5) 
Communications operations (noncommercial/amateur).
The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.
(6) 
Communications operations (commercial).
The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.
(7) 
Height.
The distance measured from the finished grade of the lot/tract/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.
(8) 
Radio, television or microwave tower.
See “Antenna, microwave reflector and antenna support structure.”
(9) 
Telecommunications tower or structure.
See “Antenna, microwave reflector and antenna support structure.”
(10) 
Temporary/mobile antenna.
An antenna and any associated support structure/ equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.
(11) 
Wireless communication tower or structure.
See “Antenna, microwave reflector and antenna support structure.”
(c) 
General requirements.
(1) 
Antennae and support structures may be considered either principal or accessory uses.
(2) 
Antenna installations shall comply with all other requirements of this chapter and this code, unless otherwise specified herein or exempt under applicable state or federal law.
(3) 
No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure, unless otherwise specified herein. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed 50 feet in height, or to antennae placed wholly within or mounted upon a building.
(4) 
No amateur or commercial antenna, antenna support structure, microwave reflector/ antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.
(5) 
All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable federal, state and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six months or as may otherwise be required by the applicable regulating authority.
(6) 
A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless otherwise exempt from these regulations. All installations shall comply with applicable federal, state and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have 30 days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.
(7) 
Amateur or commercial antennae shall not create electromagnetic or other interference with the city’s and the county’s radio frequencies and public safety operations, as required by the Federal Communications Commission.
(8) 
No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas or a traffic safety problem.
(9) 
Safeguards shall be utilized to prevent unauthorized access to an antenna. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, warning/hazard signs or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.
(10) 
Temporary antennae shall only be allowed in the following instances:
(A) 
In conjunction with a festival, carnival, rodeo or other special event/activity;
(B) 
In case of an emergency (e.g., severe weather, etc.) or a news coverage event;
(C) 
When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.
(11) 
Collocation is greatly encouraged by the city.
(A) 
All new support structures over 50 feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.
(B) 
A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within 50 feet of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by special use permit, then its new location shall be within the physical/land boundaries of the special use permit). The original (i.e., former) support structure shall be removed from the property within 90 days following completion of the new structure.
(C) 
Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.
(12) 
Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, support buildings and equipment storage areas/buildings shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. Support buildings and equipment storage areas/buildings shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. Support buildings and equipment storage areas/buildings shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet, and which will attain an ultimate height of six feet at maturity. A six-foot solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron may only be used in conjunction with a landscaped screen as specified above.
(13) 
Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39 inches) in diameter and antennae do not extend over ten feet above the roof of the building. A letter certifying the roof’s/building’s structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the city manager, or his designee, prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.
(14) 
All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration and/or the Federal Communications Commission shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc., as they previously existed prior to support structure modification/replacement.
(15) 
Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.).
(16) 
In all residential zoning districts, or adjacent thereto (including agricultural, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA, MF-12 and MH), commercial antennae and antenna support structures are not allowed, except as specified within this division.
(A) 
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection (c)(3) of this section).
(B) 
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) of this section). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(17) 
In nonresidential zoning districts (including O, NS, R, LC and BP), commercial antennae and antenna support structures are allowed as follows:
(A) 
Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by specific use permit, up to a maximum of 175 feet, provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.
(B) 
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds 50 feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure (see subsection (c)(3) of this section).
(C) 
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) of this section). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(2006 Code, sec. 86-825; Ordinance 04-05-610, sec. 43.5, adopted 5/17/04)

§ 30.07.106 Minimum dwelling unit area.

Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open or covered porches, carports and accessory buildings. The minimum dwelling unit area shall be defined as the habitable floor area of the dwelling.
(2006 Code, sec. 86-826; Ordinance 04-05-610, sec. 43.6, adopted 5/17/04)

§ 30.07.107 Open storage areas.

Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in section 30.01.006; see screening requirements in chapter 26, article 26.03).
(2006 Code, sec. 86-827; Ordinance 04-05-610, sec. 43.7, adopted 5/17/04)

§ 30.07.108 Sight visibility.

(a) 
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street, alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between 24 inches and eight feet above the ground. The triangular areas are defined as follows:
(1) 
Alley intersects a public street right-of-way: The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two sides of each triangle being a minimum of ten feet in length from the point of intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(2) 
Minor street intersection (except a street intersecting onto an arterial, see below) or intersection of private driveway onto a public street: These areas shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length along the right-of-way lines (or along the driveway curbline and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(3) 
Major street intersection (the intersection of two arterials, type “B” or above): These areas shall have a triangular visibility area with two sides of each triangle being a minimum of 50 feet in length along the right-of-way lines from the point of the intersection, and the third side being a line connecting the ends of the other two sides (see illustration 12 printed at the end of this chapter).
(b) 
Shrubs and plant materials that are typically less than 24 inches in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of 24 inches.
(c) 
A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility-inhibiting, “picket-fence” effect when they attain mature size.
(2006 Code, sec. 86-828; Ordinance 04-05-610, sec. 43.8, adopted 5/17/04)

§ 30.07.109 Nonresidential structures in residential districts.

Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (AG, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA, MF-12 and MH) shall be designed and constructed such that they conform to the development standards set forth in the neighborhood service (NS) zoning district (i.e., with respect to maximum height, minimum lot/tract size, minimum front/side/rear setbacks, landscaping, screening, exterior building construction, etc.) unless otherwise stated in this chapter or in an ordinance establishing a planned development.
(2006 Code, sec. 86-829; Ordinance 04-05-610, sec. 43.9, adopted 5/17/04)

§ 30.07.110 Pad sites.

(a) 
Pad sites, which shall be defined as sites or lot/tracts that are no larger than 1.5 acres in size, shall not occupy more than 75 percent of any street frontage of a development.
(b) 
Buildings on pad sites may not block more than 50 percent of the view into a development.
(2006 Code, sec. 86-830; Ordinance 04-05-610, sec. 43.10, adopted 5/17/04)

§ 30.07.111 Access standards for nonresidential and multifamily lot/tracts.

(a) 
All nonresidential lot/tracts, including pad sites, shall share driveway curb openings via mutual access easements from one lot/tract to adjacent lot/tracts, for fire and emergency access, as well as for public convenience.
(b) 
All nonresidential and multifamily lot/tracts, including pad sites, shall have either direct or indirect, via mutual access/fire lane easements on adjacent property, access to a median opening if located on a median-divided roadway, whether existing or planned in the future. Driveways for all nonresidential and multifamily lot/tracts, including pad sites, shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.
(2006 Code, sec. 86-831; Ordinance 04-05-610, sec. 43.11, adopted 5/17/04)

§ 30.07.141 Purpose.

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. The standards in this division are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(2006 Code, sec. 86-901; Ordinance 04-05-610, sec. 46.1, adopted 5/17/04)

§ 30.07.142 Special provisions for home occupations.

(a) 
Home occupations shall be permitted as an accessory use in single-family and two-family residential zoning districts (i.e., AG, SF-E, SF-20, SF-15, SF-11, SF-9, SF-PH, SFA and MH) provided that they comply with all restrictions herein, and shall be a "no-impact home-based business" as defined in Texas Local Government Code, Section 229.902.
(b) 
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street.
(c) 
Such home occupation use shall be incidental and secondary to the use of the premises for residential purposes.
(d) 
On-street parking for employees, customers, or other business operations shall not exceed two vehicles at any one time. All on-site parking shall be provided via an approved surface in accordance with this ordinance.
(e) 
All parking of commercial vehicles shall be in conformance with Chapter 20 of the Murphy Code of Ordinances. Parking of commercial vehicles overnight on the street shall not be permitted.
(f) 
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district. This shall be calculated as follows: The total number of business related trips to a residential property during a 24-hour period shall not exceed a number equivalent to 100% of the average number of trips generated by the particular home type defined by the Institute of Transportation Engineers (ITE) Trip Generation Manual. For example, if the ITE Manual states a certain type of residence should generate an average of 14 trips per day, the total number of business-related trips should not exceed 14 per day. Furthermore, the business shall not require more than two deliveries per week by large trucks or vehicles with a rated capacity in excess of 1 1/2 tons, according to the manufacturer’s classification.
(g) 
The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district, and shall not be discernable from the property boundaries where the use occurs. No equipment or activity shall be seen from the street, except for the coming and going of employees, customers, or deliveries.
(h) 
The home occupation shall not house chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.
(i) 
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means.
(j) 
The home occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.
(2006 Code, sec. 86-902; Ordinance 04-05-610, sec. 46.2, adopted 5/17/04; Ordinance 25-11-1400 adopted 11/18/2025)

§ 30.07.143 Applicability of other regulations.

Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.
(2006 Code, sec. 86-903; Ordinance 04-05-610, sec. 46.3, adopted 5/17/04)

§ 30.07.144 Uses allowed as home occupations.

Subject to the provisions of section 30.07.142, home occupations may include the following uses:
(1) 
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;
(2) 
Author, artist or sculptor;
(3) 
Dressmaker, seamstress or tailor;
(4) 
Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;
(5) 
Individual tutoring and home schooling;
(6) 
Millinery;
(7) 
Office facility of a minister, rabbi, priest or other clergyman;
(8) 
Home crafts, such as rug weaving, model making, etc.;
(9) 
Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
(10) 
Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
(11) 
Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;
(12) 
Registered family homes (see definition in section 30.01.006), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children;
(13) 
Barbershop/beauty salon or manicure studio, provided that not more than one customer is served at a time;
(14) 
Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time; and
(15) 
Bed and breakfast facility (see definition in section 30.01.006), provided that no more than five guests are accommodated/served at a time.
(2006 Code, sec. 86-904; Ordinance 04-05-610, sec. 46.4, adopted 5/17/04)

§ 30.07.145 Uses prohibited as home occupations.

Home occupations shall not, in any event, be deemed to include the following uses:
(1) 
Animal hospitals or clinics, commercial stables, or kennels;
(2) 
Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;
(3) 
Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
(4) 
Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;
(5) 
Office facility for a doctor, dentist, veterinarian or other medical-related profession;
(6) 
On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;
(7) 
Commercial clothing laundering or cleaning;
(8) 
Mortuaries or funeral homes;
(9) 
Trailer, vehicle, tool or equipment rentals, sales or leasing;
(10) 
Repair shops or services, except as specifically provided in section 30.07.144;
(11) 
Drapery or furniture upholstery shops;
(12) 
Antique, gift or specialty shops;
(13) 
Repair shops for any items having internal combustion engines; and
(14) 
Any use that would be defined by the building code as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.
(2006 Code, sec. 86-905; Ordinance 04-05-610, sec. 46.5, adopted 5/17/04)

§ 30.07.146 Home occupation uses not classified.

Any use that is not either expressly allowed nor expressly prohibited by sections 30.07.144 and 30.07.145, respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the city council, subsequent to an affirmative recommendation by the planning and zoning commission.
(2006 Code, sec. 86-906; Ordinance 04-05-610, sec. 46.6, adopted 5/17/04)

§ 30.07.147 Effect of division upon existing home occupations.

(a) 
Any home occupation that was legally in existence as of May 27, 2004, and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of article 30.02, division 2 of this chapter, provided that the owner/proprietor of such home occupation register his business with the city within 90 days of May 27, 2004, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to May 27, 2004, the effective date of the ordinance from which this chapter is derived, shall be required upon registration.
(b) 
Any home occupation that was legally in existence as of May 27, 2004, and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in subsection (a) of this section.
(2006 Code, sec. 86-907; Ordinance 04-05-610, sec. 46.7, adopted 5/17/04)

§ 30.07.181 Day care centers.

(a) 
Site plan approval by the planning and zoning commission and the city council shall be required for all day care center sites, whether or not a special use permit is required.
(b) 
Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a certificate of occupancy for day care.
(c) 
Day care centers located within any residential district, except MF-12, shall be required to plat in multiples of the minimum lot/tract size (width and depth) of the district requirements, such that the site could reasonably be later subdivided into conforming residential lot/tracts.
(d) 
Day care centers are permitted in nonresidential districts only when:
(1) 
The day care center is platted on an individual lot/tract;
(2) 
The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center;
(3) 
The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements;
(4) 
The day care center is an accessory use which provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or
(5) 
The day care center is in an accessory building located on the same lot/tract as the main building and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.
(e) 
All day care centers shall comply with the following standards:
(1) 
All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided.
(2) 
Outdoor play space shall be provided at a rate of 65 square feet per child, based upon the maximum design capacity. The required outdoor play space shall have no dimension of less than 30 feet. This requirement may be waived by the planning and zoning commission and/or city council if the day care is provided for less than four hours per day for each child.
(3) 
No day care center shall be part of a one-family or two-family dwelling.
(4) 
A day care center shall abut and derive its primary access from a street with a pavement width of 36 feet or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned).
(5) 
No portion of a day care center site shall be located within 300 feet of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials.
(6) 
All other aspects of a day care center site shall conform to regulations and/or guidelines established by the state department of human resources and/or the state department of family and protective services.
(2006 Code, sec. 86-991; Ordinance 04-05-610, sec. 48.1, adopted 5/17/04)

§ 30.07.182 Itinerant vendors.

See chapter 6, article 6.04 for provisions regarding itinerant vendors.
(2006 Code, sec. 86-992; Ordinance 04-05-610, sec. 48.2, adopted 5/17/04)

§ 30.07.183 Sexually oriented businesses.

See chapter 6, article 6.07 for provisions regarding sexually oriented businesses.
(2006 Code, sec. 86-993; Ordinance 04-05-610, sec. 48.3, adopted 5/17/04)

§ 30.07.184 Alcoholic beverage sales.

See chapter 6, article 6.02 for provisions regarding alcoholic beverage sales.
(2006 Code, sec. 86-994; Ordinance 04-05-610, sec. 48.4, adopted 5/17/04)