(A)   Intent. These zones are established to provide for low density single-family detached dwellings with their accompanying green areas, their accessory and incidental uses.

   (B)   Permitted principal uses. Single-family detached dwellings. Refer to § 156.045 Use Classification Table.

   (C)   Permitted accessory structures and uses.

      (1)   Carports, private garages, storage sheds, and parking areas. All property owners are asked to check their subdivision regulations since they may be more restrictive than the zoning code.

      (2)   Accessory uses customarily incidental to the principal use of the premises, such as short-term rentals.

      (3)   Home occupations refer to § 156.055 Home Occupation Regulations.

   (D)   Conditional uses. Refer to § 156.045 Use Classification Table.

      (1)   Renting of sleeping rooms or taking of boarders or tourists by the owner family on the premises, excluding short-term rentals.

      (2)   Accessory dwelling unit, refer to definition.

      (3)   A group of not to exceed four (4) persons not all related by blood or marriage, occupying the premises and living as a single, non-profit housekeeping unit.

      (4)   Religious Assembly and home day cares.

      (5)   Single family residential planned development in an R-2 zone.

   (E)   Prohibited uses.

      (1)   Any use not listed as permitted is prohibited in the R-1 and R-2 Zoning District. Home occupations in these zones must be incidental to the principal use and not alter the appearance of the structure or the nature of the home in any appreciable manner.

      (2)   Adult-oriented businesses.

      (3)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

   (F)   Lot, yard, and height regulations.

      (1)   Minimum lot.

         (a)   R-1 - 15,000 square feet.

         (b)   R-2 - 10,000 square feet.

      (2)   Minimum lot frontage on a public street.

         (a)   R-1 - 100 feet.

         (b)   R-2 - 75 feet.

         (c)   Turnarounds or cul-de-sacs shall front for a minimum of 40 feet on a public street. However, the lots shall be the minimum of 100 feet for R-1 and 75 feet for R-2 at the building line, even on turnarounds.

      (3)   Minimum front yards.

         (a)   R-1 - 40 feet

         (b)   R-2 - 30 feet

         (c)   The front yard on corner lots shall be as designated for the front yard facing the principal street and a minimum of 25 feet for the front yard facing the secondary street.

      (4)   Minimum side yards.

         (a)   R-1 - 15 feet.

         (b)   R-2 - 10 feet.

      (5)   Minimum rear yards. R-1 and R-2 - 25 feet.

      (6)   Maximum lot coverage. R-1 and R-2 - 35%.

      (7)   Maximum height. R-1 and R-2 - 35 feet.

      (8)   Accessory buildings are permitted only in rear yards and shall be located at least five feet from all lot lines except on corner lots where secondary yard restrictions will apply.

*Subdivision regulations may vary from subdivision to subdivision. Please check to see if setbacks differ and if accessory buildings are allowed and where they are allowed.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 92-970, passed 2-27-92; Am. Ord. 97-1127, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2007-1438, passed 3-22-07; Am. Ord. 2019-1789, passed 10-24-19; Am. Ord. 2024- 1868, passed 6-24-24)

   (A)   Intent. The intent of these districts is to accommodate multi-family development of a type generally associated with detached houses occupied by one or two families, or attached housing being occupied by more than three families. In addition, a zone is created to establish a Mobile Home Park District and the rules associated with such.

   (B)   Permitted principal uses in R-3, R-3A, R-4, and R-5. Refer to § 156.045 Use Classification Table.

      (1)   Single-family dwellings.

      (2)   Multi-family dwellings up to four units.

   (C)   Permitted accessory structures and uses in R-3, R-3A, R-4, and R-5.

      (1)   Carport, garage, or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

      (2)   Accessory uses customarily incidental to the principal use of the premises, such as short-term rentals.

      (3)   Home occupations refer to § 156.055 Home Occupation Regulations.

   (D)   Conditional uses in Multi-Family Residential Districts. Refer to § 156.045 Use Classification Table.

      (1)   R-3, R-3A, R-4, and R-5.

         (a)   Non-profit public or private facilities such as schools, parks, and recreational facilities.

         (b)   Renting of sleeping rooms or taking of boarders or tourists by the family resident on the premises provided not more than three rooms are used for such purposes, excluding short-term rentals.

         (c)   Residential day care.

         (d)   Residential planned-development projects.

         (e)   Non-profit public or private facilities such as schools, religious assembly and related activities.

      (2)   Conditional uses in R-3A Residential Districts.

         (a)   Mobile home parks.

         (b)   Small animal clinics.

         (c)   Coin laundry, barber shop, and similar service activities.

         (d)    Planned-development projects.

      (3)   Conditional uses in R-4 Residential Districts. Refer to § 156.045 Use Classification Table.

         (a)    Planned-development projects.

         (b)   Fraternity and sorority houses.

         (c)   Nursing homes, rest homes, retirement homes, and convalescent homes.

         (d)   Office planned-development projects.

         (e)   Barber shops and beauty shops.

      (4)   Conditional uses in R-5 Residential Districts. Refer to § 156.045 Use Classification Table.

         (a)    Planned-development projects.

         (b)   Coin laundry, barber shop, beauty shop, drug store, neighborhood grocery, restaurants, or similar activities.

   (E)   Prohibited uses.

      (1)   Mobile homes except as provided for in this chapter.

      (2)   Any use not listed as permitted and not approved as a conditional use is prohibited.

      (3)   Home occupations must be incidental to the principal use and not alter the appearance of the main structure in any appreciable manner.

      (4)   Adult-oriented businesses.

      (5)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

   (F)   Lot, yard, and height regulations.

      (1)   Minimum lot.

         (a)   R-3 and R-3A

            7,500 square feet.

            Floor Area Ratio: 0.5.

         (b)   R-4

            7,500 square feet.

            Floor Area Ratio: 0.5.

         (c)    R-5

            5,000 square feet.

            Floor Area Ratio: 0.5.

      (2)   Minimum lot frontage on a public street.

         (a)   R-3, R-3A

         75 feet single-family; 75 feet multi-family.

         (b)   R-4

         75 feet single-family; 75 feet multi-family.

         (c)   R-5

         75 feet single-family; 75 feet multi-family.

      (3)    Minimum front yards. R-3, R-3A, R-4 and R-5 - 25 feet.

      (4)   Minimum side yards. R-3, R-3A, R-4, and R-5 - 10 feet.

      (5)   Minimum rear yards. R-3, R-3A, R-4 and R-5 - 25 feet.

      (6)   Maximum lot coverage. R-3, R-3A, R-4, and R-5 - 50%.

      (7)   Maximum height. R-3, R-3A, R-4, and R-5 - 35 feet.

      (8)   Accessory buildings are permitted only in rear yards and shall be located at least five feet from all lot lines except on corner lots where secondary yard restrictions will apply.

*Subdivision restrictions may vary from subdivision to subdivision. Please check to see if setbacks differ and if accessory buildings are allowed and where they are allowed.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 97-1127, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2019-1789, passed 10-24- 19; Am. Ord. 2024-1868, passed 6- 24-24) Penalty, see § 156.999

   (A)   B-1 Neighborhood Business Districts.

      (1)   Intent. This district is established to provide areas in which to meet the needs of the immediate neighborhood. This district is limited to a narrow range of retail services and convenience goods and services. This district also is intended for areas where large business operations are undesirable.

      (2)   Permitted principal uses. Property and buildings in a B-1 Neighborhood Business District shall refer to § 156.045 Use Classification Table. Some examples include:

         (a)   Food sales such as grocery stores and food markets including specialty foods such as bakery goods, delicatessen goods, and meats.

         (b)   Restaurants with no drive-thru window service.

         (c)   Convenience store.

         (d)   Drugstore including fountain service, book and reading matter, tobacco, vanity goods, and pharmacy.

         (e)   Personal services such as barber shops, beauty shops, and shoe repair shops.

         (f)   Medical, dental, or professional offices.

         (g)   Branch laundry or dry cleaning collection stations where no laundering or cleaning is to be done on the premises and self-service laundry.

         (h)   Religious assembly.

         (i)   Pet service, photography studio, and printing and publishing services.

      (3)   Permitted accessory structures and uses.

         (a)   Garage or other storage building not used as a dwelling and incidental to the principal use.

      (4)   Conditional uses. Refer to § 156.045 Use Classification Table.

         (a)   Other retail businesses or services not listed above shall be considered conditional use and will require written approval of the Board of Zoning Adjustments. The Board shall grant such approval if it determines that the proposed use is essential to the convenience of the neighboring residents.

         (b)   Public facilities such as libraries, parks, and recreational facilities.

         (c)    Planned-development projects.

         (d)   One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.

         (e)   Outdoor storage of merchandise and outdoor processing. All above-ground structures accessory to any outdoor use shall be located at least 25 feet from any public street right-of-way line. Any conditional use permit approved for outdoor storage of merchandise shall be located at least ten feet from all entrances and exits.

         (f)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.

         (g)   Bar/taverns, service stations, financial services, personal improvement services such as gyms, cultural services, and day care services.

      (5)   Prohibited uses.

         (a)   Anything not listed above is prohibited and no use shall be permitted by the Board of Zoning Adjustments as a conditional use which would be detrimental to the development of other neighborhood businesses or residents.

         (b)   Dwelling units except as provided herein.

         (c)    Adult-oriented businesses.

         (d)   Nightclubs.

         (e)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

      (6)   Lot, yard, and height regulations.

         (a)   Minimum lot size. No limitation.

         (b)   Minimum lot frontage on a public street: 75 feet.

         (c)   Minimum front yard.

            1.   35 feet

            2.   Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.

         (d)   Minimum side yard. No limitation. (See division (A)(6)(h) below.)

         (e)   Minimum rear yard. 25 feet.

         (f)   Maximum lot coverage. No limitation.

         (g)   Maximum height of any portion of a building. 35 feet.

         (h)   Business uses adjacent to residential districts. All non-residential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district and § 156.052 shall apply.

   (B)   B-2 Highway Business District and B-3 Central Business District.

      (1)   Intent.

         (a)   B-2. This district is intended for a wide range of general retail business. Districts in this category are intended to include areas where commercial development has, or is, displacing residential development, or is moving in on vacant lands. Regulations are designed so as to discourage formation of future commercial slums, to preserve the carrying capacity of the streets, and to provide for adequate off-street parking. It is not the intent of this district to encourage the extension of strip commercial areas, but rather to provide concentrations of general commercial activities, and also to provide areas in which the principal use of land is devoted to commercial establishment which cater specifically to the needs of motor vehicle-oriented trade.

         (b)   B-3. This district forms the central center for commercial, financial, professional, governmental and cultural activities. The intent here is to protect and improve the central business district for the performance of its primary functions.

      (2)   Permitted principal uses. Refer to § 156.045 Use Classification Table.

         (a)   Any use permitted in the B-l Business District with the exception that restaurants in a B-2 zone are allowed to have drive thru window.

         (b)   Place of indoor amusement and assembly and clubs and lodges.

         (c)   Religious assembly.

         (d)   Offices.

         (e)   Hotels, motels and bed and breakfast establishments.

         (f)   New and used car lots, public garages, and other motor vehicle service.

         (g)   Any retail sales or consumer service including the making of articles to be sold on the premises. Any such manufacturing or processing shall be incidental to a retail business or service and not more than five persons shall be employed in such manufacturing. Storage buildings are permitted in a B-2 zone.

         (h)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.

      (3)   Permitted accessory structures and uses. Garage or other building not used as a dwelling, and incidental to the principal use.

      (4)   Conditional use. Refer to § 156.045 Use Classification Table.

         (a)   Public facilities such as parks and recreational facilities.

         (b)    Planned-development projects.

         (c)   1.   B-2 zones only: One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.

            2.   B-3 zones only: Single-family and Multi-family residential uses including short-term rentals.

         (d)   Outdoor storage of merchandise and outdoor processing unless it meets the standards listed under the definition of Retail Sales and Consumer Services (Outdoor Storage). All above-ground structures accessory to any outdoor use shall be located at least 25 feet from any public street right-of-way line. Any conditional use permit approved for outdoor storage of merchandise shall be located at least ten feet from all entrances and exits.

         (e)    Privately-owned outdoor amusement area.

         (f)   B-2 Adult-oriented businesses.

         (g)   B-3 Storage buildings.

         (h)   B-3 Any restaurant or retail sales business with a drive thru window.

         (i)   B-3 (Within Historic Overlay District only) sidewalk cafes.

         (j)   Plant nursery or a junk yard in a B-2 zone.

         (k)   B-2 and B-3: Medicinal cannabis dispensaries.

      (5)   Prohibited uses.

         (a)   Anything not listed above is prohibited and no use shall be permitted by the Board of Zoning Adjustments as a conditional use which would be detrimental to the development of other businesses.

         (b)   Dwelling units except as provided herein.

         (c)   B-3. Adult-oriented businesses.

         (d)   B-3. Medicinal cannabis, producers, processors, cultivators and safety compliance facilities.

         (e)   B-2. Medicinal cannabis producers, processors, cultivators and safety compliance facilities.

      (6)   Lot, yard, and height requirements.

         (a)   Minimum lot size. No limitation.

         (b)   Minimum lot frontage on a public street. 75 feet.

         (c)   Minimum front yard.

            1.   B-2 - 50 feet.

            2.   B-2 - Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.

            3.   B-3 - No limitation.

         (d)   Minimum side yard. No limitation except on corner lots where secondary yard restrictions will apply.

         (e)   Minimum rear yard.

            1.   B-2 - 25 feet.

            2.   B-3 - No limitation.

         (f)   Maximum lot coverage. No limitation.

         (g)   Maximum height of any portion of building.

            1.   B-2 - 35 feet.

            2.   B-3 - 75 feet.

         (h)   Business uses adjacent to Residential Districts.

            1.   B-2 - All nonresidential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district and § 156.052 shall apply.

            2.   B-3 - Same as B-2.

   (C)   B-4 Medium Density Business District.

      (1)   Intent. To provide for limited retail business, service and business, and professional offices. The standards of development are intended to protect adjacent residential zones, promote orderly development, and avoid traffic congestion within the surrounding neighborhoods.

      (2)   Permitted principal uses. Refer to Use Classification Table.

         (a)   Any use permitted in the B-1 business district.

         (b)   Financial services.

         (c)   Personal services such as barber and beauty shops.

         (d)   Food sales such as bakeries.

         (e)   Drugstores.

         (f)   Restaurant no drive-thru.

         (g)   Cultural services.

         (h)   Clothing stores.

         (i)   Pet service, photography studio, printing and publishing services.

         (j)   Professional, business, and government offices and laboratories.

         (k)   Religious assembly.

         (l)   Convenience store and service station.

         (m)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.

      (3)   Permitted accessory structures and uses. Garage or other storage building not used as a dwelling and incidental to the principal use.

      (4)   Conditional uses. Refer to Use Classification Table.

         (a)   Public facilities such as libraries, parks, and recreational facilities.

         (b)    Planned-development projects.

         (c)   One dwelling unit for owners, operators, or employees of a permitted use provided that such dwelling unit shall be a part of the building and located above or to the rear of such permitted use.

         (d)   Other limited business uses which the Board of Zoning Adjustments finds to fall within the intent of this zone that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses shall be considered a conditional use.

         (e)   Bar/tavern, restaurant with a drive-thru, personal improvement services, and cultural services.

      (5)   Prohibited uses.

         (a)   No enterprise shall be permitted which produces or causes any dust, smoke, noise, fumes, odors, or vibrations, which are or may be detrimental to other property in the neighborhood or to the welfare of the occupants thereof.

         (b)   Dwelling units except as provided herein.

         (c)    Adult-oriented businesses.

         (d)   Nightclubs.

         (e)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

      (6)   Lot, yard, and height regulations.

         (a)   Minimum lot size. No limitation.

         (b)   Minimum lot frontage on a public street. 75 feet.

         (c)   Minimum front yard.

             1.   35 feet.

             2.   Corner lots shall have a minimum of 25 feet for the yard facing the secondary street.

         (d)   Minimum side yard. 10 feet.

         (e)   Minimum rear yard. 25 feet.

         (f)   Maximum lot coverage. No limitation.

         (g)   Maximum height of any portion of building. 35 feet.

         (h)   Business uses adjacent to residential districts.

            1.   All non-residential uses which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district.

            2.   All non-residential uses which are adjacent to a residential use located within the B-4 Zone are required to erect screening in accordance with § 156.052.

.(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 91-952, passed 7-25-91; Am. Ord. 93-1006, passed 7-22-93; Am. Ord. 97-1127, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2008-1457, passed 2-28- 08; Am. Ord. 2012-1597, passed 12-13-12; Am. Ord. 2019-1789, passed 10-24-19; Am. Ord. 2023-1844, passed 5-25-23; Am. Ord. 2024-1868, passed 6-24-24) Penalty, see § 156.999

   (A)   Intent. This zone is primarily for offices and related uses. Generally, this zone should be located between residential and commercial uses on the same street frontage so as to serve as a transitional buffer.

   (B)   Permitted principal uses. Professional business and government offices and laboratories.Permitted principal uses. Refer to § 156.045 Use Classification Table.

      (1)   Professional business and government offices and laboratories.

      (2)   Medical and dental offices and photography studios.

   (C)   Permitted accessory structures and uses. Garage or other building not used as a dwelling and incidental to the principal use in rear yards only.

   (D)   Conditional uses. Refer to § 156.045 Use Classification Table.

      (1)   Private hospitals and clinics, religious assembly.

      (2)   Planned-development projects.

      (3)   Dwelling units occupying the same building in which is conducted the principal use of the premises on which it is situated.

   (E)   Prohibited uses.

      (1)   Dwelling units except as provided for herein.

      (2)   Any use that is retail in nature and not incidental to the office use.

      (3)   Any use not listed as permitted and not approved as conditional use.

      (4)   Adult-oriented businesses.

      (5)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

   (F)   Lot, yard, and height regulations.

      (1)   Minimum lot. 7,500 square feet.

      (2)   Minimum lot frontage. 75 feet.

      (3)   Minimum front yard. 35 feet.

      (4)   Minimum side yard. 10 feet.

      (5)   Minimum rear yard. 25 feet.

      (6)   Maximum lot coverage. 35%.

      (7)   Maximum height. 35 feet.

      (8)   Professional office uses adjacent to residential districts. All non-residential uses in Professional Office Districts which are located on lots adjacent to a residential district shall maintain a minimum setback requirement for all structures of 25 feet in the side or rear yard adjacent to the residential district and § 156.052 will apply.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2019-1789, passed 10-24- 19; Am. Ord. 2024-1868, passed 6- 24-24) Penalty, see § 156.999

   (A)   Intent. This zone is intended for manufacturing, industrial, and related uses. This section distinguishes between light and heavy industry and their potential for becoming a nuisance.

   (B)   Permitted principal uses. Refer to § 156.045 Use Classification Table.

      (1)   Non-retail sales and services such as warehousing, wholesaling, recycling centers and trucking terminals.

      (2)   Light industry. The Board of Zoning Adjustments shall distinguish between the light and heavy industry according to the definition in § 156.004 of this zoning code upon application by the Zoning Official when the classification is in doubt.

      (3)   Research laboratories, aviation facilities and storage buildings.

      (4)   All uses in this zone shall be conducted in a completely enclosed building, except for outdoor storage uses which shall be enclosed on all sides by a solid wall or fence not less than six feet in height.

      (5)   Transient businesses as prescribed in §§ 156.100 et seq. and mobile food vendors.

      (6)   Medicinal cannabis dispensaries, producers, processors, safety compliance facilities and Tier I and Tier II medicinal cannabis cultivators.

   (C)   Permitted accessory uses.

      (1)   Off-street parking areas and structures, and loading facilities.

      (2)   Dwelling units for watchmen or caretakers provided that such facilities shall be located on the same premises as the permitted use.

      (3)   Outdoor storage of products manufactured on the premises or materials to be used in manufacture on the premises provided that such outdoor storage shall be enclosed on all sides by a solid wall or fence not less than six feet in height.

      (4)   Facilities for serving food only for employees and visitors and having no direct access to the exterior and having no signs visible from the exterior of the building.

      (5)   Offices.

      (6)   Recreational facilities for employees.

   (D)   Permitted conditional uses. Refer to § 156.045 Use Classification Table.

      (1)   Basic industry.

      (2)   Outdoor storage and processing.

      (3)   Retail sales and consumer services.

      (4)   Planned-development projects other than residential uses.

      (5)   Religious assembly.

      (6)   Adult-oriented businesses.

      (7)   Indoor entertainment, recreational equipment sales, theater, plant nursery, club or lodge, and day care services.

   (E)   Prohibited uses.

      (1)   Dwelling units except as provided for herein.

      (2)   Basic industrial use without prior approval from the Board of Zoning Adjustments.

      (3)   Packaged liquor stores, bars, taverns and similar type businesses.

   (F)   Lot, yard, and height regulations.

      (1)   Minimum lot. No limitation.

      (2)   Minimum lot frontage. 75 feet minimum.

      (3)   Minimum front yard. 50 feet.

      (4)   Minimum side yard. No limitation.

      (5)   Minimum rear yard. 35 feet. (The Board of Zoning Adjustments may upon application by the Zoning Official reduce the required rear yard where such rear yards would be adjacent to railroad sidings if such reduction would not be detrimental to surrounding area.)

      (6)   Minimum lot coverage. No limitation.

      (7)   Maximum height. 75 feet.

      (8)   All nonresidential uses which are adjacent to a residential use located within the Industrial Zoning District are required to erect screening in accordance with § 156.052.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 97-1127, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2008-1457, passed 2-28-08; Am. Ord. 2012-1597, passed 12-13-12; Am. Ord. 2019- 1789, passed 10-24-19; Am. Ord. 2024-1868, passed 6-24-24) Penalty, see § 156.999

   (A)   Intent. It is the intent of the Commission to establish a Government District. The purpose of this Zone is to identify property owned by federal, state, county, or municipal governments or by government-owned public corporations or agencies; also, for the purpose of putting the public on notice that the areas so zoned are outside the jurisdiction of the administrators of this zoning code and that development thereon is at the discretion of the government owning the property. It is further intended that this show of public concern may temper the proposals for development in this district and serve to encourage government conformity to the standard of this District.

   (B)   Extent. By definition, this zoning classification applies to all property owned by governments and government-owned public corporations or agencies; therefore, this zoning classification shall automatically become the zoning classification of any property acquired by such government or government-owned public corporation or agency, concurrently with such acquisition.

   (C)   Reversion to previous classification. Upon sale or other final release of property by a government or government-owned public corporation or agency, to an individual, partnership, private corporation, or other non-public organization or association, such property shall revert to the zoning classification or classifications which applied prior to public ownership, if in fact it was ever under such other classification or classifications subsequent to the adoption of this zoning code. This provision applies to property acquired by such public bodies after the adoption of this zoning code and subsequently resold.

   (D)   Reversion to adjoining classification. Upon sale or other final release of property by a government or government-owned public corporation or agency, to an individual, partnership, private corporation, or other non-public organization or association, such property shall revert to the most restrictive of the adjoining or nearest zoning classification, if such property being sold was in fact publicly owned at the time of the adoption of this zoning code and has not been privately owned at any time subsequent to such adoption and prior to such sale.

   (E)   Rights of government not conveyable. The rights of government which prevent it from being subject to the provisions of this zoning code are not conveyable to an individual, partnership, private corporation, or other non-public organization or association, and upon sale or other final release of public property to an individual or other non-public body, any construction or development or use of that property which does not conform to the permitted construction, uses and regulations in force for the zoning district to which such property reverts, becomes a non-conforming use subject to the restrictions of this zoning code.

   (F)   Rights of government extend to lessee. The rights of government which prevent it from being subject to the provisions of this zoning code permit it to develop its property at its own discretion, subject to statutes and regulations based on health and safety, and development of publicly-owned property in this zoning district by leases, whether public or private, shall be subject only to the discretion of the government or government-owned public corporation or agency owning the property and such statutes and regulations as are based on health and safety.

   (G)   (1)   Adult-oriented businesses prohibited.

      (2)   Medicinal cannabis dispensaries, producers, processors, cultivators and safety compliance facilities.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2024-1868, passed 6-24- 24) Penalty, see § 156.999

   (A)   Intent. This zone is established to preserve the rural character of the agricultural service area by promoting agriculture and agricultural related uses.

   (B)   Permitted principal uses. Refer to § 156.045 Use Classification Table.

      (1)   Land used solely for agriculture, farming, dairying, stock raising.

      (2)   Horticultural services, plant nurseries and aquaponics systems.

      (3)   Hunting, fishing, trapping, and game preserves, forestry.

      (4)   Single-family detached dwellings.

      (5)   Religious assembly, education buildings, and accessory dwellings.

      (6)   Schools and colleges for academic instruction.

      (7)   Agritourism, camps, and outdoor entertainment.

   (C)   Permitted accessory uses.

      (1)   Agricultural buildings and structures accessory to the principal agricultural use of the land.

      (2)   Single-family dwellings for the owner and employees of the premises and accessory to the principal agricultural use of the land.

      (3)   Carport, garage, or other buildings not used as a dwelling and customarily incidental to the principal use of the premises.

      (4)   Accessory uses customarily incidental to the principal use of the premises.

      (5)   Signs identifying the name and type of agricultural activity conducted on the same premises.

      (6)   Sale of agricultural products and services produced on the premises provided that where such products or services are sold from a roadside stand such roadside stand shall be set back from any public street right-of-way at least 50 feet and shall be provided with automobile access and off-street parking space in such a manner so as not to create an undue traffic hazard on the public street on which such roadside stand is located.

      (7)   Home occupations refer to § 156.055 Home Occupation Regulations.

   (D)   Permitted conditional uses. Refer to Use Classification Table.

      (1)   Non-profit public or private facilities such as cemeteries, libraries, cultural services, parks, recreational facilities, hospitals, and institutions.

      (2)   Bed and breakfast.

      (3)   Aviation facilities.

      (4)   Tier I and Tier 11 medicinal cannabis cultivators.

   (E)   Prohibited uses.

      (1)   Any use not listed as permitted or as a conditional use are prohibited in the Agricultural District.

      (2)   Adult-oriented businesses.

      (3)   Medicinal cannabis dispensaries, producers, processors, safety compliance facilities and Tier III and Tier IV medicinal cannabis cultivators.

   (F)   Lot, yard, and height requirements.

      (1)   Minimum lot. No limitation except for single-family detached residences as a principal permitted use, then 21,780 square feet (½ acre) minimum with connection to sanitary sewers of the city or of an approved sewer district or system, or with evidence of satisfactory soil percolation for septic disposal; otherwise, 43,560 square feet (1 acre) minimum.

      (2)   Minimum lot frontage. 75 feet at right-of-way.

      (3)   Minimum front yard. 80 feet from center of line of road.

      (4)   Minimum side yard. 25 feet.

      (5)   Minimum rear yard. 25 feet.

      (6) Maximum height. No limitation.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2019-1789, passed 10-24-19; Am. Ord. 2024-1868, passed 6-24-24) Penalty, see § 156.999

   (A)   Intent. It is intended to establish this district to promote public health, safety, and general welfare of the citizens in flood prone areas. Also, it is intended to hopefully minimize public and private losses due to flood conditions in specific areas by designation of the areas as floodway.

   (B)   Permitted uses.

      (1)   The requirements of this zone are subject to the general provisions of Chapter 152 of this code of ordinances.

      (2)   The following uses are permitted within the floodway.

         (a)   Open type uses, such as loading and unloading areas, parking lots, used car lots, signs, and gardens auxiliary to uses permitted in any adjoining district.

         (b)   Storage yards for equipment and material not subject to major damage by floods, provided such use is auxiliary to uses permitted in adjoining zoning districts and materials do not include flammables such as gasoline.

         (c)   Open-type public and private recreation facilities such as public parks, golf courses, driving ranges, drive-in theaters, fishing lakes, and boat docks.

         (d)   Circus, carnival, and similar transient amusement enterprises.

         (e)   Agricultural uses, including farming, grazing, and livestock raising.

         (f)   Utilities, road and railroad bridges, electric and other transmission lines.

         (g)   Any other uses customarily accessory or incidental to the above uses.

   (C)   Approval of Planning Commission. No permit shall be issued for the construction of any building or for any use within the Floodway Zone until the plans for such construction or use have been submitted to the Planning Commission and approval is given in writing for such construction or use. The Planning Commission may make its approval subject to such conditions necessary to carry out the purpose of the Floodplain Zone. In its review of plans submitted, the Planning Commission shall be guided by the following standards, keeping in mind that the purpose of the floodplain is to prevent encroachment in to the floodway which will unduly increase flood heights and endanger life and property. Any use permitted shall be a type not appreciably damaged by the floodwaters, provided no structures for human habitation shall be permitted.

(Ord. 794, passed 12-22-83; Am. Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999

      (1)   The purpose of the Historic District is to provide a mechanism for the preservation of sites, structures, and districts of historical or architectural significance together with their appurtenances and environmental settings. The Historic District is meant to enhance, not substitute for the underlying zoning classification. This article imposes additional requirements during the construction, alteration, reconstruction, moving and demolition of sites and structures located within the Historic District. The Historic District is intended to work in conjunction with the other zones and for the purpose of protecting and preserving the exterior of the buildings, structures, appurtenances, and places.

      (2)   The Historic District is to improve the economic viability of the designated areas within the City of Murray, while enhancing the visual quality of the environment and the quality of life.

      (1)   Upon approval of the Historic District by the City Council, the official zoning map will be amended.

      (2)   The Historic District classification and regulations shall be established in addition to the existing zoning classification and regulations. Where there are conflicts between the procedures and regulations herein established for the Historic District and other procedures and regulations of the underlying zone, it is intended that the more stringent shall apply. The regulations apply to all proposed development within the boundaries of the Historic District, as shown on the official zoning map.

      (3)   It is the intent of this section that the Architectural Review Board be lenient in its judgment of plans for new construction or for alteration, repair, or demolition of structures determined to be non-contributing, except where such construction, alteration, repair, or demolition would seriously impair the historic or architectural value of surrounding structure or the surrounding area. It is not the intent of this subchapter to limit new construction, alteration, or repair to any one period of architectural style.

      (1)   The boundaries of the district shall be illustrated in Exhibit A, attached to Ord. 2009-1480, on file in the City Clerk’s office.

      (2)   An area of land to be designated as a City of Murray Historic Overlay District generally bounded by Olive Street to the north. Elm Street to the south, the west right-of-way of the KWT Railroad to the east, and South 7th Street to the west in Calloway County, Kentucky.

      (1)   Upon the effective date of this section, no person shall commence any development activity within the Historic District without obtaining a Certificate of Appropriateness certifying compliance with the Historic Design Guidelines, (refer to the City of Murray Historic Design Guidelines).

      (2)   The Historic Design Guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall urban design quality of the district. These guidelines shall be the basis for evaluating applications for development proposals.

      (1)   Responsibility for administering and implementing the Historic Design Guidelines is delegated to the Architectural Review Board, City Planning Staff and Murray Main Street, a nonprofit corporation pursuant to KRS Chapter 58.

      (2)   Each proposed development within the Historic District shall apply for a Certificate of Appropriateness. The application guidelines will be followed as described in the Architectural Review Board ordinance, §§ 32.65 through 32.69.

(Ord. 2008-1475, passed 11-13-08; Am. Ord. 2009-1480, passed 2-26-09)

 

(Ord. 2019-1789, passed 10-24-19)

 

 

(Ord. 2019-1789, passed 10-24-19; Am. Ord. 2024-1868, passed 6-24-24)