The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations specified in this article for the district in which it is located.

(2)

No building or structure shall be erected or altered:

a.

To exceed the height;

b.

To accommodate or house a greater number of families;

c.

To occupy a greater percentage of lot area;

d.

To have narrower or smaller rear yards, front yards, side yards or other open spaces;

than required in this article, or in any other manner contrary to the provisions of this chapter.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth in this article. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this article.

(Code 1979, ch. 40, § 3)

(a)

The purpose of the Ag-1 district is to provide for the continuing operation of agricultural, forestry, recreational and other open space activities. Low density residential development is also permitted.

(b)

Within an Ag-1 district, a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Single-family dwellings.

b.

Accessory structures.

c.

Gardens.

d.

Public buildings including public schools and libraries.

(2)

Uses permitted on appeal:

a.

Public parks and playgrounds.

b.

Public utilities.

c.

Customary home occupations.

(Code 1979, ch. 40, § 5(2)(a))

(a)

The R-2 district exists for the protection of areas that have been and are being developed predominantly for low density single-family dwellings. Accordingly, the use of land and buildings within such areas is limited to single-family detached dwellings and to such nonresidential uses as generally support and harmonize with these low-density residential districts.

(b)

Within an R-2 district, a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Single-family dwellings.

b.

Accessory structures (carports and utility rooms and structures used for residential storage).

c.

Gardens.

d.

Playgrounds.

e.

Parks.

f.

Public buildings, including public schools and libraries.

(2)

Uses permitted on appeal:

a.

Public utilities.

b.

Customary home occupations.

c.

Semipublic buildings.

d.

Golf courses.

e.

Municipal, county or federal uses.

(Code 1979, ch. 40, § 5(2)(b); Ord. No. 1061-87, § 1, 12-3-87; Ord. No. 1257-01, 8-20-01; Ord. No. 1258-01, 10-15-01)

(a)

The R-3 district exists for the protection of areas that have been and are being developed predominantly for medium density single-family dwellings. Accordingly, the use of land and buildings within such areas is limited to single-family detached dwellings and to such nonresidential uses as generally support and harmonize with a medium density residential area.

(b)

Within a R-3 district, a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Single-family dwellings.

b.

Accessory dwellings.

c.

Gardens.

d.

Playgrounds.

e.

Parks.

f.

Public buildings, including public schools and libraries.

(2)

Uses permitted on appeal:

a.

Customary home occupations.

b.

Public utilities.

c.

Semi-public buildings.

d.

Golf courses.

e.

Municipal, county, state and federal uses.

f.

Private institutions.

(Code 1979, ch. 40, § 5(2)(c); Ord. No. 1177-97, § I, 3-17-97; Ord. No. 1279-02, § I, 10-14-02)

(a)

The R-4 district exists to provide areas for medium density development and that have been and are being developed primarily for single-family dwellings but which include duplexes and apartments. The use of land and buildings is limited to such nonresidential uses as generally support and harmonize with sound residential development.

(b)

Within an R-4 district, a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Single-family dwellings.

b.

Duplexes.

c.

Apartments.

d.

Accessory structures.

e.

Gardens.

f.

Playgrounds.

g.

Parks.

h.

Public buildings, including public schools and libraries.

(2)

Uses permitted on appeal:

a.

Customary home occupations.

b.

Public utilities.

c.

Semipublic buildings.

d.

Golf courses.

e.

Municipal, county or federal use.

f.

Private institutions.

(Code 1979, ch. 40, § 5(2)(d))

There is created an R-6 district (single-family semiattached) for those areas so designated by this chapter and the zoning map of the city, which R-6 districts shall allow single-family semiattached residences, subject to use regulations common to all R districts, and further subject to the following requirements and conditions:

(1)

Single-family semiattached dwellings shall not form long, unbroken lines of row housing. No more than four contiguous units shall be allowed.

(2)

Each single-family semiattached dwelling unit shall be constructed on its own lot.

(3)

No unit located in an R-6 district shall be located closer than 20 feet to a dedicated exterior street or exterior lot line on the perimeter of one district.

(Ord. No. 1107-92, 1-23-92)

(a)

Purpose. The purpose of this section is to permit flexibility in the development of substantial tracts of land by permitting a variety of residential uses in accordance with a specific plan for large scale developments. Planned residential developments are of such a nature as to require specific regulations separate and apart from those of general application to the other districts created in this chapter. Planned residential developments are intended to permit exceptions and variations from standard zoning regulations to permit flexibility in the development of the real estate affected, which can result in: a maximum choice in the type of environment and living units open to the public; the preservation of open space, trees and other natural features; the development of recreation areas; an efficient use of land resulting in smaller networks of utilities and streets; and the creation of an environment of a stable character in harmony with surrounding development.

(b)

Definition. A planned residential development district is a tract of land consisting of two or more acres, developed as a unit for residential use, which when completed will contain two or more residential buildings. The density, lot size, bulk, yard sizes and other nonuse standards within the district shall comply with the standards established by the planning commission for each specific planned residential development, subject to the minimum requirements of the Zoning Ordinance for Planned Residential Development Districts. Planned Residential Developmental Districts will be permitted subject to planning approval in residential zones.

(c)

Plan review procedures.

(1)

Preliminary development plan. The fee for filing an application for a P.R.D. shall be $100.00. Three copies of a P.R.D. preliminary development plan shall be submitted to city building department and must meet the following provisions:

a.

Content of preliminary development plan. The preliminary development plan shall contain the following information:

1.

The applicant's name, address and interest in the application, and the name, address and interest of each person, firm or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by the P.R.D.

2.

A site plan showing the land area to be occupied by the P.R.D., with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; all entrance ways and signs, including building materials to be utilized; all existing and proposed public utilities and public facilities serving the P.R.D.; the location of buildings and the use of land on adjoining properties; proposed contours not to exceed two-foot intervals and necessary finished grades; the location, number of storeys and gross floor area of proposed principal buildings and accessory buildings; driveways, off-street parking areas and walks; open areas to be set aside for special purposes; all screen planting; the types of paving or other surfacing to be used in the various areas; and such additional information as may be necessary to describe completely the proposed P.R.D.

3.

A development schedule indicating the approximate date when construction of the P.R.D. or its stages can be expected to begin and end.

4.

Quantitative data for the following: total number and type of dwelling units; parcel size; proposed site coverage of buildings and structures; approximate gross residential density; open space; and any other information required by the planning commission.

5.

Elevations or perspective drawings of the proposed structures within the P.R.D. shall be submitted.

6.

Architectural style shall be limited to one period or design motif for attached units and restricted to three or four such natural building materials as wood, brick, stucco, drivit, asphalt or wood shingles. The same type brick shall be used throughout any attached unit building group. Color scheme shall harmonize with basic building material. Such architectural features as turned column, shutters and relief details shall be the same for each building group.

b.

Action on preliminary development plan. Upon receipt of a preliminary development plan, the building department shall examine the plan and make such investigation as is necessary. The building department shall also transmit a copy of the application to the planning commission and any department or agency which might be affected by the approval of the application. Within 30 days of the receipt of an application, the building department shall transmit its report and recommendations, to the planning commission. The planning commission may elect to hold a public hearing prior to approving a preliminary development plan.

c.

Effect of approval. Approval of a preliminary plan is an indication to the applicant that the plan conforms with city requirements for a P.R.D. Approval of a preliminary plan shall be void if a final plan has not been submitted within one year of original application. The planning commission may, in its sole discretion, authorize the developer to proceed with construction upon approval of the preliminary development plan subject to the developer submitting the items described in (c)(2)a.5. hereof, and complying with such other requirements imposed by the planning commission.

(2)

Final development plan. Three copies of a P.R.D. development plan shall be submitted to city building department and must meet the following provisions:

a.

Content of final development plan. The final development plan shall contain the following information:

1.

All information provided in the preliminary development plan including all revisions and recommendations of the planning commission concerning documentation and the site plan.

2.

All public dedications and documents must be submitted with the final development plan.

3.

All documentation concerning perpetual maintenance of common areas shall be submitted.

4.

A performance bond, bank letter of credit or surety for cost or escrow fund for all incomplete public improvements must be submitted with the final development plan.

5.

Engineering plans for all proposed public improvements must be submitted prior to final approval.

b.

Action on final development plan. Upon submission of a final development plan the building department and planning commission shall examine the plan and within 45 days of receipt of the final development plan, the planning commission must approve or disapprove the plan. If the planning commission does not approve the final development plan, their specific reasons for disapproval should be stated in writing and made part of the public record, as well as presented to the developer. Approval of the final development plan also gives the plan final subdivision approval.

c.

Filing and recording the final development plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the building department, and the original thereof recorded in the Office of the Probate Court of Colbert County and shall thereafter be binding upon the applicants, their heirs, successors and assigns; shall limit and control the issuance and validity of permits and certificates; shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plans. Provided, however, that the city building department may, upon a showing of technical necessity therefor, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein. Otherwise, changes in the planned residential development must be made under the procedures that are applicable to the initial approval of a planned residential development.

(3)

Environmental design. A general landscaping plan shall be required at the time of the preliminary development plan review. The general plan must include spacing, planting schedule, sizes and specific types of landscaping materials. Existing trees shall be preserved wherever possible. The site plan shall be so designed as to minimize disturbance of such topographical amenities as trees, natural watercourses, etc. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will not be permitted.

(4)

Plan review. The planning commission shall investigate and ascertain that the plans for a planned residential development shall comply with the following conditions:

a.

That the establishment, maintenance and operation of the planned residential development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

That the establishment, maintenance and operation of the planned residential development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that zoning district.

c.

That adequate utilities, access roads, drainage and/or other necessary facilities will be provided.

d.

That adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets, and that the proposed planned residential development shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them.

e.

That the uses contained in the planned residential development are residential in character, except for such accessory uses as the planning commission shall determine are desirable and appropriate with respect to the primary purpose of the development, and except for such uses specifically provided for herein.

The planning commission may impose such restrictions and conditions on the planned residential developments which are in harmony with the general purpose and intents of this section.

(5)

Construction of P.R.D.. Upon approval of the planning commission, the planned residential development may be constructed as a whole, or in phases, provided that each phase shall meet city regulations and be in compliance with the approved development plan. The planning commission may enter into such agreements with the developer as may be necessary to effectuate the provisions of the development plan or any specific phase thereof. The planning commission may impose such conditions or restrictions upon the establishment, location, construction, maintenance and operation of the planned residential development which it may deem necessary for the protection of the public interest.

(d)

Design and/or use regulations:

(1)

Uses permitted. In a P.R.D. district only the following is permitted:

Single-family detached, and single family attached multiple dwellings (not to exceed 4 units per building).

(2)

Open space. For planned residential developments consisting of five or more acres, there shall be a minimum of ten (10%) percent of the total area of the P.R.D. dedicated or reserved as usable, common "open space" land. For planned residential developments consisting of less than five acres, the Planning Commission may require dedication or reservation of usable, "open space" land, not to exceed ten percent of the total area of the P.R.D. dedicated.

Common "open space" land shall be clearly designated on the plan as to the character of use and development but shall not include:

a.

Areas reserved for the exclusive use or benefit of an individual tenant or owner, nor

b.

Dedicated streets, alleys or other public rights-of-way, nor

c.

Vehicular drives, parking, loading and storage areas.

Adequate guarantees must be provided to insure permanent retention and maintenance of "open space" land area, either by private reservation for the use of the residents within the P.R.D. or by dedication to the public or a combination thereof.

The uses of "open space" land must be approved by the planning commission.

(3)

Specific layout and design requirements. The P.R.D. Districts together with applicable minimum yard, height, area coverage, density requirements, for each district are hereby established as follows:

a.

Density for P.R.D. districts. There shall be a maximum of six dwelling units per acre, subject to a minimum of 7,200 square feet per unit, for P.R.D.'s located within an R-1 or R-2 district; the planning commission must approve the number of dwelling units per acre, subject to a minimum of 6,000 square feet per unit, for P.R.D.'s located within all other residential districts.

b.

Building site coverage. If a P.R.D. is in an R-1 zone, maximum building site coverage of all buildings shall be 38 percent. If a P.R.D. is within any other residential zone, maximum building site coverage by all buildings shall be 45 percent. In a P.R.D., "site" is defined as the entire tract or parcel of land being developed as a P.R.D..

c.

Building height limits. There is a maximum two stories for buildings within a P.R.D..

d.

Yards required. P.R.D.'s are exempt from front, side and rear yard setback requirements, subject to the following:

1.

P.R.D. perimeters. Where a P.R.D. borders an existing R-1 or R-2 zone, a minimum of 12 feet along the perimeter shall be developed as landscaping. The planning commission may make exception to the 12-foot perimeter setback provided suitable landscaping, fencing or other screening is approved.

2.

Adjoining development. Where the front yards of a P.R.D. are directly across the street from the front yards of an existing R-1 or R-2 development, or where the front yards of a P.R.D. are in line with and abut an existing R-1 or R-2 development, the P.R.D. front yard setback shall be the same as the front yard setback for the existing R-1 or R-2 development. Where the back of a P.R.D. borders an existing R-1 or R-2 development, the planning commission may require such landscaping, fencing or other screening as it deems necessary to protect the existing R-1 or R-2 development.

3.

Building separation. Individual units may be constructed to the property line. Minimum distances between individual structures shall be five feet or to the property line.

(4)

Parking standards. For each dwelling unit, there shall be a minimum of two off-street parking spaces consisting of not less than 200 square feet each. Parking may be on-street and off-street.

(5)

Streets. All streets within a P.R.D. are to be publicly owned and maintained after acceptance by the city. Streets should be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The widths and visibility requirements shall be governed by the residential zone in which the P.R.D. is located. Exception to streets may be made by the planning commission upon the recommendation of the city engineer, given due consideration for traffic volume.

(e)

Planned residential development enforcement.

Planned residential development enforcement. If no construction has begun in the P.R.D. within 12 months from the date of the planning commission's approval of the P.R.D., said approval of the P.R.D. shall lapse and be of no further effect and no building permits shall be issued. The Planning Commission, upon showing of good cause by the developer, may extend for a period of 12 months the time for beginning construction. The applicant must begin and substantially complete the development of the P.R.D. within two (2) years from the time of its final approval. If the P.R.D. is to be developed in stages, the applicant must begin and substantially complete the development of each stage within two years of the time provided for the start of construction of each stage. If the applicant does not begin and substantially complete the P.R.D. or any stage of the P.R.D. within the time limits imposed by this section, the building department shall review the P.R.D. and may recommend that the time for completion of the planned unit be extended, that the approval of the P.R.D. be revoked or that the planned unit be amended. The planning commission will act upon the building department's recommendation within 30 days from the receipt thereof.

(Ord. No. 1108-92, §§ A—I, 1-23-92; Ord. No. 1161-96, §§ I—IV, 1-8-96)

The purpose of the RMF-1 district is to provide for restricted apartment development in areas of predominantly single family use. It is intended to permit a broader variety of housing types throughout the city by providing for apartments in locations other than the central area and along major thoroughfares. Through the provision of stringent development standards and the requirement of an approved and binding site plan, a spacious, well-developed multifamily environment which protects the essential characteristics of and is compatible with low density residential use can be achieved by this district. Within an RMF-1 district the following provisions shall apply:

(1)

An application for rezoning to RMF-1 district shall be accompanied by site plans showing:

a.

The land area to be included in the rezoning request.

b.

The proposed locations of each existing and each proposed structure and their general exterior dimensions.

c.

Proposed use of all land within the area requested for rezoning.

d.

Dimensions between all structures and from structures to property lines.

e.

Traffic, parking and circulation plan, showing proposed locations and arrangement of parking spaces and ingress and egress to and from adjacent streets.

f.

Proposed location and material of any screening walls, fences or plantings.

g.

Proposed exterior design of buildings.

h.

Schedule of number and size of apartments within the project.

i.

Proposed time schedule and staging, if any, for construction of the project.

j.

Such other information as may be considered essential by the planning commission and city council.

(2)

All site plans must make due provisions for:

a.

Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal and illumination.

b.

Providing adequate and safe location of play areas for children and other recreational areas according to the concentration of occupancy.

c.

In projects abutting R-1, R-2 or R-3 districts, fences, walls or year-round screen planting, when deemed necessary by the planning commission to shield adjacent single-family residential districts from parking lot illumination, headlights and noise and to reduce the visual encroachment of multifamily architecture, and activity or privacy and single-family residential neighborhood character.

d.

Other requirements as may be considered essential for the protection of the public health, safety, welfare and convenience.

(3)

Development requirements within the RMF-1 district shall be as specified below:

a.

The minimum area requirement shall be 15,000 square feet for the first dwelling unit in the project and 3,500 square feet for each additional dwelling unit.

b.

The minimum setback from street, and minimum rear yard shall be 45 feet and the minimum side yard shall be 25 feet.

c.

The minimum unobstructed open space shall be 70 percent of the total lot area; however, off-street parking can be considered as open space.

d.

Gross floor area of first floor (principal structures) shall not exceed 20 percent of lot coverage.

e.

The minimum setback from the street, and minimum rear yard shall be 45 feet, and the minimum side yard shall be 25 feet, except that the minimum setback from the street and minimum rear yard may on appeal to the planning commission (board) be reduced to 25 feet minimum setback from the street in front, and 25 feet setback from the street on the property line in the rear. The height of any portion of any improvement shall not be greater than one-half the horizontal distance from the improvement to the nearest lot line.

f.

Every building shall be separated on every side, from any other building within the building group by a distance of at least 25 feet.

g.

No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or unparking of vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.

(4)

Permitted uses within the RMF-1 district shall be limited to multifamily use, and customary accessory structures and uses.

(5)

In approving an application for RMF-1 districts, the planning commission shall find that the proposed development will be compatible with general neighborhood development plans, will not place excessive traffic load on local streets and that will minimize adverse effects on any adjacent single-family residential areas.

(6)

All approved site plans for RMF-1 districts shall be binding upon the applicants, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificates of occupancy and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans; provided, however, that upon a showing of necessity therefor minor changes in the location and size of structures may be permitted if such minor changes will not cause any of the following circumstances to occur:

a.

A change in the character of the development.

b.

A change of design for, or an increase of the hazards, to pedestrian and vehicular circulation.

c.

Deleterious external effects on adjacent property.

d.

A reduction in the originally approved setbacks from property lines.

(7)

Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan for an apartment development may be amended or withdrawn, either partially or completely.

(8)

Upon approval of the plan for a group project by city council, one copy of the plan shall be filed with the clerk-treasurer and one copy with the building inspector.

(9)

Following city council approval of an RMF-1 district, the property for which approval was granted shall be labeled RMF-1 on the official zoning map.

(Code 1979, § 5(2)(e))

(a)

The MH-1 district is established in order to provide standard areas for the development of mobile home parks. The intent is to provide areas of standard environmental conditions for the locations of mobile homes and not restrict such uses to locations in incompatible heavy commercial and industrial districts. Development standards are required to ensure the creation of an orderly and sound residential environment.

(b)

Within the MH-1 district, a building or land shall be used only for the following purposes:

(1)

Uses permitted: Mobile homes, provided that it shall be unlawful for any person to park or locate, place, maintain or use any mobile home within the limits of the city on any lot or land owned by any person, occupied or unoccupied, and no lot or land shall be used for such purposes unless the mobile home and the lot or land are within a mobile home park or R-4 district except a mobile home may be used as a temporary shelter or office on a construction site during the actual period of construction; and the temporary purposes in the M-1 and M-2 zones.

(c)

Further, a mobile home park shall meet the following site standards and regulations:

(1)

The minimum area for any mobile home park is five acres.

(2)

The maximum density is eight mobile home sites per acre.

(3)

Whenever the zoning district in which a trailer park is located requires a front and/or street side yard setback the setback shall be provided, landscaped and maintained.

(4)

Minimum front, side and rear yard setbacks for the park shall be 50 feet which may include the street.

(5)

All minimum interior side yard and rear yard setbacks for the park shall include a minimum of a 15-foot-wide planting area of trees and shrubs to act as a screen between the mobile home park and abutting residentially zoned property.

(6)

Access points shall be controlled through review of plans submitted on each individual special exception application.

(7)

No sign or other form of advertising shall be permitted other than that necessary to identify the mobile home park.

(8)

All mobile home sites or lots in the park shall abut upon a street not less than 26 feet in width. All streets shall be hard surfaced, well-marked and lighted by the mobile home owner.

(9)

The entire area shall be adequately serviced by water and sewer and all mobile homes remaining for a period exceeding 30 days must meet the requirements of the minimum housing code pertaining to mobile homes.

(10)

No accessory building or structure shall be erected or maintained in any required minimum setback area for the mobile home park or any individual mobile home space.

(d)

In addition, the following site or lot standards shall apply to individual mobile home spaces within each mobile home park:

(1)

Size. No trailer space shall be less than 4,000 square feet.

(2)

Setbacks. Minimum front, side and rear yard setbacks for lots shall be as follows:

a.

Front yard shall be 20 feet.

b.

Side yards shall be a total of 25 feet with one yard not less than ten feet.

c.

Rear yards shall be ten feet.

(3)

Landscaping. All minimum setback areas shall be permanently landscaped and maintained with ground cover, trees and shrubs.

(Code 1979, § 5(2)(g))

(a)

The FP-1 district exists for the purpose of providing for the practical development of land that is used for or is suitable for agriculture, forestry, recreation or other open space activities. Although usually characterized by terrain that is subject to flood or that is steep or otherwise unsuitable for building development, these districts may in some instances include land that is buildable but that should be retained basically as open space. Residential development is prohibited to eliminate the potential hazard to life and dwellings that could result from floods. Certain appropriate commercial and industrial uses are permitted.

(b)

Within an FP-1 district a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Agricultural uses.

b.

Incidental accessory uses to an agricultural operation including barns, sheds and related uses.

c.

Outdoor recreation uses including parks, picnic areas, ballfields, golf courses, camps and campgrounds, shelter buildings, restroom facilities and concession stands.

d.

Air strips, boat building and sales.

e.

Bait sales.

f.

Riding academies.

(c)

Space and height requirements within the FP-1 district shall be as specified below:

(1)

Minimum lot size: not specified.

(2)

Minimum yard size: front, 75 feet; rear, 50 feet; side, 50 feet.

(3)

Maximum height: 35 feet.

(Code 1979, § 5(2)(g))

(a)

The O-I district exists for the protection of areas that have been and are being developed predominantly for office and institutional use. Therefore, the use of land and buildings within such areas is limited to residential structures, and those types of offices and institutions which would be compatible as a transitional buffer between residential and commercial districts.

(b)

Within an O-I district, a building or land shall be used only for the following purposes:

(1)

Uses permitted:

a.

Any use permitted by right in the R-4 district.

b.

Automobile parking lots or structures.

c.

Banks and other financial institutions including loan and financial companies.

d.

Churches and related uses.

e.

Clubs, lodges, fraternities, sororities, social, civic and similar organizations operated on a nonprofit basis.

f.

Colleges and universities, public and private.

g.

Convalescent homes, homes for the aged, rest homes, and charitable institutions not used primarily for the treatment of contagious diseases, alcoholics or drug addicts.

h.

Dormitories, fraternity houses, sorority houses and residence halls.

i.

Hospitals, sanitariums, nursing homes, and medical and dental clinics not used primarily for the treatment of contagious diseases, alcoholics or drug addicts.

j.

Libraries, museums and art galleries.

k.

Offices, business, professional and public, but excluding any office in which retail trade is conducted and a stock of goods is maintained for sale.

l.

Parks, playgrounds and community centers operated on a noncommercial basis for recreational purposes only.

m.

Studios for artists, designers, photographers and other similar activities.

n.

Accessory uses and structures when located on the same lot as the main structure excluding, however, open storage.

(2)

Uses permitted on appeal: Any use permitted on appeal in the R-4 district.

(Code 1979, § 5(2)(h))

(a)

Intent. The primary purpose of the Muscle Shoals mixed use {MSMU) district is to create livable, walkable, and attractive development centers in the community while providing more diverse transportation options, including greater accessibility to pedestrians, and offering opportunities for living, working, and access to commerce with fewer and shorter vehicular trips. Specifically, this district is intended to:

(1)

Allow market-driven growth in places that are most conducive to accommodating additional activity.

(2)

Encourage economic development through the creation of a mix of uses adjacent to existing commercial centers.

(3)

Provide diverse housing development for households with a range of incomes and lifestyles.

(4)

Promote a walkable community with pedestrian-oriented buildings and open space that connects to nearby destinations.

(5)

Create and support lively, human-scaled activity areas and gathering places for the community by encouraging civic uses, plazas, and a mix of uses.

(6)

Ensure that new development is consistent with and enhances the nearby streetscape.

(7)

Promote development that accommodates the automobile but also emphasizes alternative travel means such as public transit, biking, and walking.

(8)

Encourage the redevelopment of underutilized or obsolete industrial or commercial property.

(b)

Uses.

(1)

Permitted uses. A lot and for building may be used for one or more of the following by-right permitted uses:

a.

Office, entertainment, institutional and related uses, as listed below:

1.

Professional, administrative, and business offices.

2.

Financial institutions, excluding drive-through facilities.

3.

Hotels, bed and breakfast facilities, convention centers, meeting space, and banquet facilities.

4.

Galleries and museums.

5.

Theaters.

6.

Schools and day care centers.

7.

Government administrative uses, post offices, community centers, and libraries.

b.

Retail, restaurant, and related uses, as listed below:

1.

Retail commercial sales, excluding drive-through facilities.

2.

Personal service businesses.

3.

Restaurants and other food or beverage establishments, excluding drive-through facilities

4.

Studios for dance, music, fitness, art, or photography.

5.

Indoor sports facilities, including bowling alley, racquet sports, and health clubs.

c.

Residential units, provided all dwelling units are located on the second floor and above.

d.

Parks, open space uses, and plazas.

e.

Structured parking in accordance with section (e)(3)b.

f.

Accessory uses to a principal use, including surface parking lots.

(2)

Conditional uses. A lot and/or building may be used for one or more of the following conditional uses, in conjunction with a permitted use, provided conditional use approval is received in accordance with the requirements of article II of this chapter and all standards of the MSMU district are met:

a.

Residential dwelling units on the first floor, provided the units are not located on a block, or across the street from a block frontage, that is existing or proposed retail and related uses, as listed in section (b)(1)b, that occupy the majority (50 percent or greater) of frontage on the first floor.

b.

Temporary surface parking lots as a principal use, provided the parking lot is not located on the principal retail street of the development and an alternative permitted use is shown as a future principal use on the approved master plan for the development.

(3)

Prohibited uses. The following uses, as well as any use not specifically permitted, are prohibited:

a.

Drive-through window or facilities.

b.

Automobile or other vehicle sales, service, or repair establishments.

c.

Gasoline service stations and filling stations.

d.

Self-service storage facilities.

e.

Adult entertainment uses.

(c)

Mixed use, master plan, and general requirements.

(1)

Mixed requirements.

a.

Developments shall meet the following mix of uses requirements, depending on the size of the property at the time the property was zoned MSMU:

b.

Usable open space and plaza uses shall comprise at least five percent of the net tract area of all MSMU developments.

(2)

Master plan. All properties proposed for development shall be developed in accordance with a master plan that has been approved by the Muscle Shoals Planning Commission.

a.

Master plans shall meet the following requirements:

1.

Master plans shall be prepared when any property is initially proposed for subdivision or land development. Subdivided properties that are intended to be developed at a later date shall be subject to this initial master plan.

2.

Master plans shall meet the preliminary plat requirements in section 102-308 of the municipal subdivision regulations.

3.

Master plans shall show proposed buildings, land uses, lots, streets, and open space for the entire tract and shall be consistent with the municipal subdivision regulations. The density, lot size, bulk, yard sizes and other nonuse standards within the district shall comply with the standards established by the planning commission for each specific MSMU district.

4.

Master plans shall demonstrate that the mix requirements of section (c)(1) have been met and provide a summary of mixed use by percentage of floor area for each structure and the total floor area for the development.

5.

Master plans shall include architectural drawings, such as elevations, perspective drawings, axonometrics, and cross-sections, that demonstrate compliance with the standards in the MSMU district.

6.

Master plans shall include street classifications designating principal corridors as arterials or collectors (major or minor) and other streets as local streets. Exceptions to street specifications may be made by the planning commission upon the recommendation of the city engineer, given due consideration for traffic volume.

7.

Utilities. All development in the MSMU district shall be served by public sewer and public water facilities and plans must be compliant with the municipal subdivision regulations.

8.

Off-street parking shall be shown and provided in accordance with article V of the zoning ordinance.

9.

Signs shall be shown and meet the requirements of chapter 6, article II.

10.

Landscaping, street trees, streetscaping, and buffers plans shall be provided and shall be provided in accordance with article V of the zoning ordinance and the municipal subdivision regulations.

11.

The Muscle Shoals Planning Commission may require changes in the master plan in order to meet the legislative intent and other standards of the MSMU district.

b.

Development may be done in phases; however, any proposed subdivision or land development must be consistent with the master plan. If a proposed subdivision or land development is not consistent with the master plan, the master plan may be revised, provided the following requirements are met:

1.

The master plan complies with all MSMU requirements, including the mix requirements of section (c)(1).

2.

The revised master plan is approved by the municipal governing body.

(3)

Ownership. Any land area proposed for development shall be in one ownership or shall be subject to a joint application filed by every owner of the land area proposed for development, under single direction, using one overall master plan and complying with all requirements of the MSMU district.

(4)

Ownership and maintenance of common open space, plaza areas, and other facilities. Common open space, plaza areas, and other common facilities shall be owned and maintained by the owner of record unless properly dedicated to and accepted by the City of Muscle Shoals. The required usable open space and plaza areas shall be permanently deed restricted from future development.

(d)

Dimensional requirements. All lots within MSMU developments shall meet the following dimensional requirements:

(1)

Lot area requirements.

a.

Minimum net lot area for all multiple-family dwellings and non-residential uses: no minimum lot size; however, all lots must be consistent with the master plan.

b.

Minimum net lot area for two-family dwellings: 2,000 square feet.

c.

Minimum net lot area for single-family dwellings: 5,000 square feet.

(2)

Lot width requirements.

a.

Minimum lot width for all multiple-family dwellings and non-residential uses: no minimum lot width; however, all lots must be consistent with the master plan.

b.

Minimum lot width for two-family dwellings: 20 feet.

c.

Minimum lot width for single-family dwellings homes: 50 feet.

(3)

Building setback from the edge of street curblines:

a.

When no plaza is between the building and the street curbline:

1.

Minimum building setback from street curblines, portions of buildings up to 40 feet in height:

i.

Arterial streets: 20 feet.

ii.

All other streets: 12 feet.

2.

Minimum building setback from street curblines, any portions of buildings from 40 to 75 feet in height: 25 feet.

3.

Maximum building setback from street curblines for 60 percent or more of the front facade of the ground floor level of buildings:

i.

Arterial streets: 35 feet.

ii.

All other streets: 25 feet.

b.

Where a plaza is between the building and the street, the minimum and maximum building setback from street curblines shall be the depth of the plaza.

(4)

Minimum building setback from property lines not abutting streets:

a.

Portions of buildings sharing a party wall: 0 feet.

b.

Portions of buildings not sharing a party wall, up to 40 feet in height: 10 feet.

c.

Portions of buildings not sharing a party, from 40 to 75 feet in height: 20 feet.

(5)

Minimum setback between any portions of separate buildings not sharing a party wall and not separated by property line(s):

a.

Portions of buildings up to 40 feet in height: 20 feet.

b.

Portions of buildings from 40 to 75 feet in height: 40 feet.

(6)

Minimum building and parking setback from abutting residential properties that are not part of the proposed MSMU district: 40 feet.

(7)

Minimum surface parking area setback from street right-of-way lines and property lines: 10 feet.

(8)

Maximum building height: 75 feet or six stories, whichever is less.

(9)

Maximum impervious coverage: 85 percent.

(10)

Floor area ratio.

a.

Maximum floor area ratio (FAR) with no bonus: 1.5.

b.

Maximum floor area ratio (FAR) with bonuses, as described in section 6: 2.5.

(e)

Design standards. All development within the MSMU district shall comply with the following design standards:

(1)

General layout and street pattern. The following general layout and street pattern requirements shall be shown on the master plan:

a.

Various land uses shall be laid out and spaced to make walking from one land use to any other land uses as easy as possible.

b.

Retail uses shall be located as physically close to as many of the following on and off-site features as possible: existing retail areas, transit stops, existing collector or higher classification streets, and proposed plaza areas.

c.

Single-use residential buildings, when proposed, shall be located and designed to provide a transition between abutting off-site residential zoning districts, when they exist, and the nonresidential uses in the MSMU district.

d.

MSMU developments shall be laid out with streets, in accordance with the following standards:

1.

Streets shall be laid out to create blocks, and blocks shall not exceed 800 feet in length before being interrupted by a street intersection, unless the presence of unique barriers preclude the creation of a street intersection. In such cases, blocks shall be as small as feasible. Alley and driveway intersections shall not be used to meet the block length requirement.

2.

All proposed buildings must be located within a certain distance of a street, as shown in section (d)(3), Building setback from the edge of street curblines. Buildings do not have to meet these standards from alleys or driveways.

3.

Streets shall be interconnected with each other and with streets on abutting properties in a grid or modified grid pattern.

4.

Streets shall be extended to abutting properties in logical locations, as determined by the municipal planning commission. When warranted by unique circumstances, the municipal planning commission may allow driveways to be used instead of streets for these connections, provided access for the driveway is guaranteed to the abutting property.

5.

On tracts of ten acres or more, new streets within an MSMU development shall have a street connectivity index of 1.40 or more. The street connectivity index shall be computed by dividing the number of new street links (defined as street segments between intersections and/or cul-de-sac heads) by the number of new street intersections/permanent cul-de-sac heads.

e.

Cul-de-sacs shall be connected to pedestrian facilities by greenspace and sidewalks allowing non-motorized transportation (walking and bicycling) between streets.

(2)

Building design standards.

a.

Building orientation and entrances.

1.

Front facades of buildings shall be oriented towards existing and proposed streets, with an everyday entrance in the front facade. Buildings with multiple front facades shall have entrances in each front facade, corner entrances, or, if permitted by the municipal planning commission, entrances in only some of the front facades.

2.

All primary building entrances shall be accentuated. Permitted entrance accents may include: recessed, protruding, canopy, portico, or overhang.

3.

Loading doors, service doors, and loading docks shall not be located in any facade facing a street or any portion of a facade within 35 feet of a street.

b.

Walls and windows.

1.

Blank walls shall not be permitted along any exterior wall facing a street. Walls in these locations shall comprise a minimum of 35 percent window area and a maximum of 75 percent window area, with windows interspersed across the facade.

2.

Ground floor facades of retail, restaurant, and related shall comprise a minimum of 50 percent clear window area, with windows providing views of display areas or the inside of the building. These ground floor windows shall begin between 12 to 24 Inches above ground level and shall end above 86 inches above ground level.

3.

Smoked, reflective, or black glass in windows is prohibited.

4.

Walls or portions of walls where windows are not provided shall have architectural treatments designed to break up the bulk of the wall, including at least four of the following treatments: masonry but not flat concrete block; concrete or masonry plinth at the base of the wall; belt courses of a different texture or color; projecting cornice; projecting metal canopy; decorative tilework; trellis containing planting; medallions; opaque or translucent glass; artwork; vertical/horizontal articulation; lighting fixtures; or a similar architectural element not listed above, as approved by the municipal planning commission.

5.

Rear and side facades shall have colors and materials that are like the front facade and shall blend with structures within the development. Any development with more than one building on the site shall have a common and coherent architectural theme throughout the development.

c.

Roofs.

1.

Building ridgelines or roof planes facing a street, parking area, or walking area must be interrupted at least once each 100 feet by the inclusion of at least two of the following: a gable, a dormer, a vertical change of five feet or more, a tower, a dome, a barrel vault, a projecting cornice, an articulated parapet of five feet or more, or the inclusion of a similar architectural feature.

2.

Buildings shall use parapets or mansard type roof styles to conceal flat roofs, elevator and stair shafts, large vents, and rooftop equipment such as HVAC units along all roof edges.

d.

Building massing.

1.

Buildings shall be designed to achieve a fine-grained texture by dividing large facades into the appearance of several sections or smaller buildings to avoid the appearance of a large, monotonous building mass.

2.

Buildings must have at least a three-foot break in depth in all front facades for each 100 feet of continuous façade. Such breaks may be met using bay windows, porches, porticos, building extensions, building recesses, balconies, towers, and other architectural treatments.

3.

In addition to the required three-foot break, building facades of 200 feet or more facing a street surface parking lot or walking area shall include design elements that will break up the façade, such as awnings, porches, canopies, towers, balconies, bays, gables, changes in materials, changes in facade treatments, etc.

(3)

Parking design standards.

a.

Surface parking.

1.

Surface parking lots shall be located to the rear of principal buildings or to the side. Surface parking shall not be located between a building and a street.

2.

Surface parking shall not extend more than 70 feet in width along any street without being interrupted with a principal building.

3.

Parking lots visible from a street shall be continuously screened by a three-foot-high wall/fence or hedge. Parking lots adjacent to a residential use shall be continuously screened by a six-foot-high wall, fence, or hedge. Screening shall also include street trees.

4.

Each lot created within an MSMU development shall provide cross-access easements for its parking areas and access driveways guaranteeing access to adjacent lots within the same block that are zoned MSMU. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.

b.

Parking structures.

1.

For parking structures within 50 feet of a curbline, except for their pedestrian and vehicular entrances, the space at street level facing the street shall have 70 percent of occupied space devoted to office, entertainment, institutional, apartment lobby, retail, restaurant or a related use.

2.

Parking structures shall have design treatments such as colonnades, arcades, awnings, landscaping, street furniture, and other public amenities to create the appearance of an occupied building. Blank walls are not permitted.

3.

Cars shall be visually screened from the street through features such as grills, lattices, mock windows, louvers, false facades, etc. Such screening shall be in keeping with the rest of the building's architectural style and materials.

c.

Access to off-street parking. When feasible, vehicular access to off-street parking facilities shall be from a street, alley, or driveway that has no retail or related uses facing this street or alley. When this is not feasible, access shall be located as far from retail or related uses front facades as possible.

(4)

Pedestrian design standards.

a.

Sidewalks, with a minimum unimpeded width of eight feet, are required along all street frontages with retail, restaurant, and related uses. Sidewalks with a minimum width of six feet are required along all street frontages with other uses.

b.

Sidewalks shall be present on at least one side of any street fronted on both side by single-family housing. Sidewalks shall be provided on both sides of the street in all other locations.

c.

Sidewalks are required to connect the street frontage to all front building entrances, parking areas, plazas, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.

(5)

Open space and plaza design standards.

a.

Required open space areas shall only consist of plazas, central greens, playing fields, playing courts, playgrounds, trails, greenways with trails, pedestrian malls, promenades, picnic areas, and other similar types of usable, public space, some of which may be dedicated to the City of Muscle Shoals, which may, under the sole discretion of the Muscle Shoals City Council, accept dedication and ownership of improvements.

b.

Required open space areas shall be designed as focal points within the development and shall make public access as easy and straightforward as possible. Public access shall be guaranteed to all required open space through a deed restriction or other means acceptable to the municipal governing body.

c.

Plazas shall meet the following requirements:

1.

MSMU developments shall provide one square foot of plaza area for every 40 square feet of gross building floor area; however, MSMU developments with less than 100,000 square feet of gross floor area are not required to provide any plaza area. Because of limits on the maximum size of plazas, more than one plaza area may be required in larger developments.

2.

Individual plazas shall be no smaller than 2,500 square feet and no larger than 40,000 square feet.

3.

Plazas shall be surrounded on all sides by either streets or the front facades of buildings. Perpendicular or angled parking spaces shall not abut plazas. When streets abut a plaza, the opposite side of the street from the plaza shall have building front facades rather than parking lots or open space facing the plaza.

4.

At least 25 percent but no more than 80 percent of the plaza shall be landscaped with trees, shrubs, and mixed plantings with year round interest.

5.

Plazas shall be centrally located within the MSMU development and easily and conveniently accessible from all residential and non-residential buildings. Plazas shall be integral to the development and designed as a focal point for the MSMU development.

6.

The plaza shall not be used for parking, loading, or vehicular access, except emergency and maintenance vehicular access.

7.

Plazas shall include a defining central element, such as a large fountain, sculpture, gazebo, pond, or similar feature. They shall also be improved with a variety of other amenities, such as small fountains, public art, shade trees, trash containers, benches, decorative pedestrian lights, trellises, and/or other similar features. These improvements shall be provided in locations and amounts that are acceptable to the municipal governing body.

(6)

Lighting standards.

a.

Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the public.

b.

Lighting shall be shielded to meet the following requirements:

1.

No light shall shine directly from a light source onto the ground, into the windows, or onto improvements of an abutting property, although incidental light may be permitted to fall on abutting property. Such incidental lighting shall not exceed one-half an isofootcandle at ground level on the abutting property.

2.

No light, except streetlights, shall shine directly onto public roads.

c.

Where the abutting property is residentially zoned and used, lighting shall meet the following requirements:

1.

Light fixtures shall be directed towards the proposed development and away from the abutting property.

2.

Light fixtures must shield the light source itself so that bulbs are not visible from the abutting residential property.

3.

Light fixtures located within the building setback area that adjoins a residentially zoned and used property shall be no more than ten feet in height.

d.

No parking lot lighting standard or building fixture designed to illuminate the ground shall exceed 18 feet in height from grade level, and no pedestrian lighting standard shall exceed 14 feet in height from grade level.

(7)

Refuse area design standards. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing at least six feet in height. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s) and shall not be in the front of the building.

(8)

Screening design standards.

a.

All wall-mounted or ground-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes shall be screened from public view by parapets, walls, fences, landscaping, or other approved means.

b.

Service and loading areas must be visually screened from streets and pedestrian ways and must be located to the side or rear of buildings.

(9)

Outdoor dining design standards.

a.

Outdoor dining areas shall not impede pedestrian traffic flow. A minimum pathway of at least five feet free of obstacles shall be maintained.

b.

Advertising or promotional features shall be limited to umbrellas, a menu board, and canopies.

(10)

Outdoor storage is not permitted.

(f)

Incentive provisions. (Reserved.)

(Ord. No. 1551-22, §§ 1—6, 11-21-22)

(a)

Within the business and industrial zoning districts and subject to all requirements and conditions of this chapter, land and buildings may only be used for uses listed in the table of permitted uses for business and industrial districts set out in section 122-52. Uses permitted by right in the various districts are indicated by an X and uses permitted on appeal are indicated by an A. Required district sizes, yards and setbacks are set forth in the appropriate columns of the table of area and dimensional requirements set out in section 122-153. Following are the intended characteristics for each of the business and industrial districts:

(1)

B-1 neighborhood trade districts. This district is intended primarily to serve the needs of the surrounding residential neighborhood, providing goods and services that are day-to-day needs, generally classified by merchants as convenience goods and services. Businesses which might tend to be a nuisance to the immediately surrounding residential developments are excluded, even though the goods or services offered might be in the convenience category or classification.

(2)

B-2 general retail district. This district serves several functions. They provide central concentrations of goods and services for more than one neighborhood. They provide comparison shopper's goods, convenience goods and services, specialty goods, amusements and numerous services for less than a citywide market. They also provide locations for small businessmen with a citywide market who cannot operate in the downtown area. The predominant purpose of all these functions is retail trade.

(3)

B-2A special retail district. This district shall be the same as the B-2 district except all alcoholic beverage establishments shall be excluded except on direct appeal to the city council.

(4)

M-1 manufacturing district. This district is intended for industrial uses, which are not offensive to nearby commercial or residential uses, and for business uses which generally support and are integrated with these industrial uses. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

a.

Within an M-1 district, the following specific use of a building and the land is permitted:

1.

Storage establishments which are usually classified as mini-storage buildings, subject to the following described conditions precedent:

i.

Such mini-storage building shall not be erected or constructed or otherwise placed upon a lot or parcel of land of less than 43,560 square feet.

ii.

The perimeter of the lot or parcel of land shall be fenced in a manner approved prior to the permitting of such mini-storage buildings by the city's building inspector.

iii.

That any groupings of said mini-storage buildings shall be spaced a minimum of 25 feet apart.

(5)

M-2 manufacturing district. This district is for heavy industrial activities which may be offensive, or incompatible, if located near commercial or residential uses and for limited business uses which support or are compatible with these heavy industrial activities. Further development of residences is prohibited from these districts to prevent residences from being established under strongly adverse conditions and to conserve the supply of industrial land.

a.

Within an M-2 district, the following specific use of a building and the land is permitted:

1.

Storage establishments which are usually classified as mini-storage buildings, subject to the following described conditions precedent:

i.

Such mini-storage building shall not be erected or constructed or otherwise placed upon a lot or parcel of land of less than 43,560 square feet.

ii.

That the perimeter of the lot or parcel of land shall be fenced in a manner approved prior to the permitting of such mini-storage buildings by the city's building inspector.

iii.

That any groupings of said mini-storage buildings shall be spaced a minimum of 25 feet apart.

b.

Application for rezoning to B-1, B-2, M-1 and M-2 shall include:

1.

A description of the land area to be included in the rezoning request.

2.

A site plan showing the proposed improvements and parking facilities with their general exterior dimensions; setback lines; easements; existing and proposed utilities; dimensions between proposed structure and from structures to property lines.

(b)

Application for rezoning to B-1, B-2, M-1 and M-2 shall include:

(1)

A description of the land area to be included in the rezoning request.

(2)

A site plan showing the proposed improvements and parking facilities with their general exterior dimensions; setback lines; easements; existing and proposed utilities; dimensions between proposed structures and from structures to property lines.

(Code 1979, § 5(3); Ord. of 3-15-83; Ord. No. 1257-01, 8-20-01; Ord. No. 1258-01, 10-15-01)

_____

TABLE OF PERMITTED USES
FOR NONRESIDENTIAL DISTRICTS

(Code 1979, ch. 40, § 5(3); Ord. of 3-15-83; Ord. No. 1449-13, 7-1-13; Ord. No. 1477-15, § 1, 10-5-15)

TABLE 1.

SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL USES AND STRUCTURES

MINIMUM YARD REQUIREMENTS

*Interior side yard: A side yard not abutting a street right-of-way.

**Street side yard: A side yard that abuts a street right-of-way.

***Area and dimensional requirements are specified in other provisions of this chapter.

****Area and dimensional requirements are specified in other provisions of this chapter.

(a)

20 feet shall be provided when contiguous to a residential district.

(b)

40 feet shall be provided when contiguous to a residential district.

(c)

Street side yard shall correspond to required front yard of adjoining lot or be 25 feet, whichever is larger.

(d)

No direct limit in open, but where contiguous to existing structure, height shall not exceed twice the height of existing contiguous structure.

TABLE 2. SUMMARY OF DIMENSIONAL REQUIREMENTS
FOR ACCESSORY USES AND STRUCTURES

(a)

20 feet shall be provided when contiguous to a residential district.

(b)

40 feet shall be provided when contiguous to a residential district.

(c)

No direct limit, provided that all required yards must be increased by one foot for each foot building wall that exceeds ten feet.

(d)

No direct limit, provided that no point on a building wall shall be so located that it is closer to a front or side lot line than one foot for each two feet that such point is above the average finish lot grade along such front or side building wall.

The provisions of this article insofar as same affect R-3 residential zones shall apply to subdivisions comprised of R-3 single-family dwellings, the plat of which was filed for record on or after August 1, 2006.

(Code 1979, ch. 40, § 5(3); Ord. No. 1377-06, §§ I, II, 11-6-06)