1.

Height and area requirements for structures and lots are as set forth in this Section, except as otherwise provided.

2.

Required setback lines shall apply to any structure, as defined herein, including principal structures, accessory structures, pools, hot tubs, decks elevated 30 inches or more above grade, but shall not include paved areas, boundary fences and boundary walls, signs, and retaining walls.

3.

The front of a building is the direction from which the building takes its access, its street address, or has its direction of orientation. Should these determining factors conflict, the building official shall determine the building front.

4.

Single-family residential carports are subject to the following provisions, unless otherwise regulated by restrictions for the subdivision in which a carport is located. In case of a conflict, the more restrictive regulations control:

a.

Front yard setback shall be a minimum of five feet as measured from the edge of the carport to the street right-of-way line, except for corner lots;

b.

Carports on corner lots shall meet the corner side yard setback as required for the district, and a front yard setback required for traffic safety, not to exceed the setback required for the principal residence and not less than a five-foot front yard setback; and

c.

Carports must remain completely open on all sides.

1.

Whenever the specific district regulations permit residential uses of a more restricted district, such residential uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specifically stated.

2.

Accessory buildings:

a.

Accessory buildings, including private garages, shall be located not less than 20 feet back from the front lot line, and not less than five feet back from any side or rear lot line except a corner lot shall be ten feet; provided, however, that a private garage may be constructed as part of the main building or attached to it by a covered passage. The front building line shall be measured from the front property line to the front line of the building, covered porch, covered terrace, or attached accessory building.

b.

The accessory building shall be located a minimum of six feet from the main structure.

c.

On corner lots the side yard regulations shall be equal to the front yard setback regulations of the lots in the rear. No accessory buildings on such corner lot shall project beyond the front building lines on the lots in the rear.

d.

Except as otherwise provided, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least 30 feet on an improved dedicated street accepted by the city.

3.

Home occupations are permitted in all residential zoning districts provided that:

a.

No retail business of any sort is involved.

b.

No stock in trade is kept nor commodities sold except those made or used on the premises.

c.

Only members of the family residing on the premises are employed.

d.

No internal or external alterations, special construction, or features are involved.

e.

There is no on-premise advertising or any other display to storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings; and

f.

No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, x-ray, or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artists studio; dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect, or accountant); music teaching limited to not more than two pupils at one time; the keeping of up to five children under the age of 16 years at any one time apart from their parents, guardians, or custodians for compensation, provided that the total number of children under the age of 16 years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight. Home occupations shall not include: Home occupations that require more than one company vehicle with or without an equipment hauling trailer to be parked or stored on the residential premises or uses that may require employees to gather and park private vehicles on or in the street right-of-way of the residential premises, these prohibited uses include/but not limited to: pesticide business, trucking and hauling business, wrecker towing, automobile repair, construction, lawn service or similar occupations that require parking or storing of more than is normally used in residential living.

g.

The permitted use table (section 13.2) does not apply to the uses allowed under this definition.

4.

Assisted living facilities: Assisted living facilities are allowed in all residential districts with the following conditions:

a.

The assisted living facility shall meet all state requirements pertaining to its operation, and a copy of any required state license shall be provided to the city.

b.

The distance between each assisted living facility, or between an assisted living facility and personal care or residential care facilities shall be no less than 1,500 linear feet from the closest point on either property line.

c.

An assisted living facility shall register with the city and obtain all necessary inspections and permits prior to providing any type of care. A permit is subject to annual renewal based upon the initial date of issuance.

5.

Personal or residential care facilities: Personal or residential care facilities are allowed in residential zoning districts subject to the following conditions:

a.

The total number of persons unrelated to the owner shall be limited to no more than two per bedroom and no more than six per residence.

b.

The distance between each personal or residential care facility, or between a personal or residential care facility and an assisted living facility shall be no less than 1,500 linear feet from the closest point on either property line.

c.

The residential care facility shall register with the city and obtain all necessary inspections and permits prior to providing any type of care. A permit is subject to annual renewal based upon the initial date of issuance.

1.

Residential structures.

a.

Only industrialized housing meeting the regulations set out in chapter 18section 18-352 of the City of Nederland Code of Ordinances shall be allowed to be moved into or within the City of Nederland.

b.

Accessory detached storage buildings meeting the requirements for new construction.

2.

Commercial structures.

a.

Commercial structures shall only be allowed to be moved from one location to another from within the city, shall be placed only in commercial and industrial zoning districts and shall meet all city ordinances and code requirements for new construction.

1.

General purpose and description. The R-1 single-family residential district, is the most restrictive residential district, and uses are limited to site-built single-family, detached dwellings, on individual lots of not less than the area specified in (section 12), residential height and area regulations, and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16).

2.

Supplemental regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19) fencing and screening (section 18).

b.

Accessory buildings shall be not be used as living quarters. The accessory building shall be incidental and secondary in nature to the primary residence. These structures are commonly used as garages, storage sheds, carports, cabana's, outside cooking and entertainment and other uses similar in nature. Accessory buildings are limited to one-story structures with a maximum ceiling height of 12 feet. Any residential property owner requesting to construct a two-story accessory building shall first receive the approval from the zoning board of adjustments. The two-story structure shall be setback a minimum of eight feet from all property lines and only located in the rear yard. The top story shall be constructed with a maximum ceiling height of eight feet and a maximum area of 600 square feet. The top story shall be constructed with zero percent openings on all sides except the side facing the principal building. The addition of an accessory building shall not generate any more traffic than is normally associated with a residential use.

1.

General purpose and description. The R-2, low density residential district is intended to provide for site-built two-family (duplex or townhome) dwellings located on individual lots. The principal use of land shall be on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16) uses permitted in more restrictive residential districts are not permitted in those less restrictive unless identified in the schedules of permitted uses (section 13) subject to the same conditions applicable in the more restrictive district.

2.

Supplemental use regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19), fending and screening (section 18).

3.

Townhome requirements:

a.

Common area: Private property owned by, and designated for the private use of the owners or occupants of a townhome in a particular project or subdivision. The common area does not include public streets, alleys, required building setbacks or utility easements.

b.

Off-street parking space: A paved parking space of not less than 180 square feet with vehicular access to a street or an alley.

c.

Project street: A secondary street which affords occupants access to townhome lots and not designed as a through street.

d.

Separation fence: A fence constructed of wood, concrete, concrete blocks, brick, stone or other permanent material which provide a solid area of at least 75 percent of the wall surface. Separation fence for private yards shall be no less than six feet nor more than seven feet from the ground.

e.

Townhome/Townhouse: A single dwelling unit, on a separate lot having a common wall or abutting wall with one or more adjoining dwelling unit structures.

f.

Townhouse groups: Minimum of four and no more than eight townhouses connected under a single roof.

g.

Townhouse project: A townhouse development or plan with no less than 12,000 square feet of land. In approving a townhouse project, the Planning & Zoning Commission shall assure itself that project meets the following conditions that:

1)

Property and structure appearance.

i.

Hereinafter, any person wishing to develop a townhouse project within the corporate limits of the city shall first submit preliminary and final plats in accordance with the subdivision ordinance, dedication instruments, homeowners association by-laws and deed restrictions of the project to and for the approval of the planning and zoning commission and the city council, following the procedures for same as described in the subdivision ordinance. It is required that the final plat, dedication instruments, homeowners association by-laws, and deed restrictions be filed with the County Clerk of Jefferson County, Texas.

ii.

Projects must be laid out on contiguous land, all interrupted by intervening public streets and not less than four townhouse units.

iii.

Property adjacent to the area included in the project shall not be adversely affected. The restriction of natural drainage across the project property from the adjacent property and drainage of the developed project property onto the adjacent property is strictly prohibited.

iv.

The lots or area within the project shall be used only for single-family dwellings and uses commonly accessory thereto such as garages, carports, or storage areas.

v.

The project is consistent with the intent and purpose of this ordinance to promote health, safety, morals, and general welfare.

vi.

Townhomes within the project shall be constructed such that each front façade shall be contrasting appearance such that no two townhome dwellings look the same. The Planning and Zoning Commission may approve a project with staggering fronts for each townhome in lieu of the contrasting front facades should they feel that the staggering effect gives each townhome their own distinguishable appearance.

vii.

At each location of the fire rated separating common wall, each dwelling unit shall be constructed protruding past the front wall a minimum of two feet such that each townhome has front door privacy.

viii.

At minimum, each townhome dwelling unit is required to have a single car garage either attached or detached from the main living area.

2)

Access.

i.

All townhome projects shall have direct access from at least one dedicated, improved, and accessible access street having a minimum pavement width of not less than 27 feet.

ii.

All townhouses shall immediately abut and have direct access to an access street, project street or alley.

iii.

Project streets shall have a minimum right-of-way width of 50 feet and shall be developed with a minimum 27 feet wide concrete paving section constructed with concrete curbs and gutters in accordance with Subdivision Ordinance-Chapter 94.

3)

Density.

i.

No townhouse projects shall have a greater density than 14 lots per gross acre.

4)

Area.

i.

Each lot shall have a minimum width of not less than 30 feet.

ii.

Each townhouse shall provide a minimum land area of 3,000 square feet and in additional shall meet the required building set back lines as set forth in the following section.

5)

Building setback lines.

i.

A front building setback line of 20 feet shall be required for all lots and townhouse structures on an access street.

ii.

A front building setback line of ten feet shall be required for all lots and townhouse structures fronting a project street. However, the Planning and Zoning Commission may approve reductions to an average five foot setback if staggered front setbacks are used. Such average is to be determined across the frontage of a minimum of five adjoining lots. The differential in front setbacks shall not exceed ten feet for adjoining lots.

iii.

A rear building setback line of 20 feet shall be required for all lots and townhouse structures backing on an access street and such lots or structures shall be denied direct driveway access to the access street.

iv.

A rear building setback line of 20 feet shall be required for all lots and townhouse structures abutting a recorded plat used or intended to be used for single-family detached dwelling units.

v.

A side building setback line of 20 feet shall be required on the side for all lots and townhouse structures siding on an access street or siding upon a plat boundary of the project.

vi.

No building setback line shall be required on the sides of a lot or townhouse structure abutting project streets, except where, in the opinion of the Planning and Zoning Commission, traffic safety necessitates the establishment of such setback.

vii.

All lots and townhouse structures without rear access will have a minimum rear setback of ten feet, or the width of any required easement, whichever is greater.

6)

Common area space.

i.

A minimum of 200 square feet of common area space per lot or townhouse shall be provided within the project.

ii.

Where townhouse lots and dwelling units are designed to face or front each other across common area space rather than fronting upon a public street, such common area space shall be at least 40 feet wide. However, in no case shall common area space be less than 25 feet wide where any dwelling units are side by side and not facing each other.

iii.

In computing the required common area space, required front or side setbacks, streets, alleys, or other public rights-of-way of any kind, vehicular drivers or parking areas, drainage easements, and utility easements containing or permitting overhead pole carried service, shall not be included.

7)

Separation fence or screening or enclosure wall.

i.

Where townhouse lots or units are backing on a public street or backing or siding on lots in a recorded plat used or intended to be used for single-family detached dwelling units, or backing or siding on undeveloped property in a residential zoned district, a two-foot wide easement shall be provided abutting the street or common lot lines and a separation fence or a screening or enclosure wall as defined herein shall be constructed in conformance with city standards and permanently maintained by the homeowner's association upon the easement to provide a visual screen. The construction of separation fences or screening or enclosure walls shall conform to specifications and standards as defined herein.

8)

Parking.

i.

In general, there shall be three parking spaces per townhouse lot.

ii.

At least two off-street parking spaces for each townhouse lot shall be provided within the project.

iii.

One additional parking space per lot shall be provided off-street.

9)

Easement.

i.

The Department of Public Works shall determine the width of the public easements for utilities and other purposes on an individual basis for each project in accordance with requirements of the water and sewer system of Ordinance Chapter 94.

ii.

Aerial easements, if any, may not be located along frontage of lots or structures.

10)

Height.

i.

No building or structure within a townhouse project shall have a height greater than two and one-half stories or 35 feet. However, no such building structure adjacent to a plat boundary that is coincident with the side lot line of a lot upon which a single-family detached dwelling unit exists shall have a height greater than the adjoining single-family detached dwelling unit.

11)

Sidewalks.

i.

A sidewalk of concrete or other permanent material having a width of at least four feet shall be constructed along the front of each lot or structure.

12)

Variances.

i.

When a developer shows that a provision of the regulations would cause unnecessary hardship if strictly adhered to; and where, in the opinion of the Zoning Board of Appeals a departure may be made without destroying the spirit of the regulations.

13)

Site plans.

i.

Site plans submitted to the Inspection Department shall have the following information at a minimum as applicable:

• Scale and all dimensions to scale;

• North arrow;

• Description of the project - example: a 500 square foot master bedroom addition to an existing 1,500 square foot one-story residence;

• Property lines with dimensions;

• Existing/proposed structures with floor area;

• Distance of structures to property lines (setbacks);

• Existing/proposed fences;

• Existing/proposed signs with area, height;

• Existing/proposed landscaping;

• Existing easements;

• Existing/proposed drainage pattern; &;b4; • ;hg;Existing/proposed impervious surface, i.e. driveways, patios, sidewalks.

(Ord. No. 2018-14, § 2(§ A), 5-21-18)

1.

General purpose and description. The R-3, medium density multi-family residential district, provides attached single and multi-family dwellings that shall be located on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16). Uses permitted in more restrictive residential districts are not permitted in those less restrictive unless identified in the schedules of permitted uses (section 13) subject to the conditions applicable in the more restrictive district.

2.

Supplemental regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19, fencing and screening (section 18).

b.

Any multifamily dwelling shall include an enclosed area dedicated for private park and open space for the use of residents. The building wall may be used as part of the enclosure along with the remaining sides to be fenced. Size of playground and/or pool area will be a minimum of 100 square feet per each dwelling unit and not less than 1,200 square feet overall. The width of the enclosed area shall be a minimum of 30 feet and the depth shall be a minimum of 40 feet.

1.

General purpose and description. The R-4, manufactured home district provides for the location of manufactured homes within specifically designed developments, and establishes standards for necessary facilities appropriate for manufactured homes developments. These standards shall be in cumulative with and in addition to chapter 66 (manufactured homes and trailers) of the Code of Ordinance for the City of Nederland. When conflicting standards arise the more stringent standard shall prevail. The terms mobile home, manufactured home, and modular home shall be as defined within the Texas Manufactured Housing Standards Act, Article 5221f, or its successor legislation. Non-HUD approved mobile, manufactured, or modular housing shall be prohibited from entering the corporate limits of the city for other than through transportation purposes. Additionally, non-HUD approved mobile, manufactured, or modular housing shall not be permitted to relocate within the city.

2.

Supplemental use regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19, fencing and screening (section 18).

b.

A building permit shall be required for the placement of all manufactured housing units in the City of Nederland, except those authorized by temporary permit issued by the building official for the operation of recreational, amusement or civic activity. The temporary permit shall be limited to a period of time, not to exceed ten days.

c.

All manufactured home spaces and lots shall be served with sanitary sewer, water, natural gas with underground installation and separate terminals for each space. Electrical power, and telephone service may be installed above ground. Each space shall have a separate terminal for each service.

d.

All manufactured parks and subdivisions shall have a permanent perimeter fence of not less than six feet in height, except where access to a public street is required.

e.

All manufactured home spaces and lots shall provide a manufactured house pad for place and tie down as follows:

i.

Constructed of impervious materials to prevent the growth of vegetative matter; and

ii.

Be provided with anchors and tie-downs such as cast-in-place concrete "deadman" eyelets embedded in concrete foundations or runways, screw augurs, arrowhead anchors or other devices to ensure stability, and to prevent uplift, sliding, rotation and overturning; and

iii.

A minimum of 12 feet in width and 60 feet in length;

f.

Manufactured home park "A" shall be not less than two acres or include fewer than ten spaces, nor exceed the maximum density of 15)units per acre, provided however, that an existing park may be expanded by less than two acres, following notice and hearing. The following additional requirements apply to all manufactured home parks "A":

i.

Mobile homes are prohibited; and

ii.

No manufactured housing space shall be located closer than 25 feet from the boundary line of the park abutting a public street in an area zoned or used for residential purposes; and

iii.

No manufactured housing space shall be located closer than five feet from the boundary line of the park not abutting a public street in an area used or zoned for commercial or industrial purposes; and

iv.

All accessory uses or structures shall be located not less than five feet from any adjacent manufactured home space; and

v.

No manufactured home shall take direct access from any public street. Private street standards delineated in section 94-109 of the Nederland Code of Ordinances apply, except as follows:

a)

Minimum pavement widths for private street are as follows:

i.

Class 1. Streets providing direct access to five or more spaces shall be not less than 20 feet;

ii.

Class 2. Streets providing direct access to fewer than five spaces shall be not less than 14 feet in width.

b)

Private streets which connect two public street rights-of-way, shall employ the use of curves, off-sets, or location designed to discourage cut-through traffic;

c)

Private street intersections should generally be at right angles with off-set intersections located at a distance or more than 125 feet measured centerline to centerline;

d)

All private streets shall be provided with a smooth, hard, durable and well drained "non-dust" type surface;

e)

Dead end streets shall be no more than 660 feet in length and provided with a turn-around of 60 feet in diameter when the length exceeds 100 feet.

vi.

Each manufactured home space shall include at least one off-street parking space. All parking spaces shall be constructed with permanent all-weather "non-dust" type surfaces, and be properly marked.

vii.

Common open space of 2,250 usable square feet for the first 15 spaces plus 25 square feet for each additional space is required. No portion of the required open space shall be used for off-street parking or loading, or accessory uses except outdoor swimming pools or play courts; and

viii.

All entrances and exits shall be lighted, and sufficient lighting to assure the safety of residents shall be provided at all locations; and

ix.

Permitted accessory uses include recreational facilities, centralized garages, storage buildings and laundry facilities.

x.

Park licensees are required to remit monthly occupancy fees to the city not later than the 10 ^th day of each month. Fees are determined by the city council by resolution.

g.

Manufactured home subdivision "B" shall be not less than seven acres or include fewer than ten spaces, nor exceed the maximum density of 15 units per acre with the following additional requirements:

i.

Mobile homes are prohibited; and

ii.

No manufactured home shall be located closer than 25 feet from the boundary line of the subdivision abutting a public street; and

iii.

Each manufactured home lot shall include two off-street parking spaces; and

iv.

The maximum block length in a manufactured home subdivision is 1,320 feet; and

v.

The minimum block length is 250 feet between intersecting streets, measured from centerline to centerline;

vi.

A property owners' association shall be established.

1.

Purpose. The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a planned development district. The planned development district is designed to permit flexibility and encourage more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, and circulation patterns by allowing mixture or combination of uses, and to best utilize special site features such as topography, size and shape. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in these regulations. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, the requirements established herein ensure against misuse of increased flexibility.

2.

Approval process and procedure. The procedure for establishing a planned development district shall follow the procedure for zoning amendments as set forth in (section 9) (changes and amendments) of these regulations. An applicant for a planned development district shall specify the current base zoning district, the proposed use or combination of uses, proposed development regulations including all requested deviations from the base zoning district and any other requirements of these regulations and be accompanied by a concept plan (or detail site plan, in lieu of a concept plan). The concept plan (or detail site plan if appropriate) shall be attached to and made a part of the ordinance establishing the planned development district.

3.

Permitted uses. A planned development district may contain any use or combination of uses permitted in the schedule of principal uses or schedule of accessory uses. Uses shall conform to the standards and regulations of the base zoning district stated in the ordinance establishing the planned development district.

4.

Requirements.

a.

Base zoning district. The ordinance establishing a planned development district shall specify one or more base zoning district(s). The specific uses which are to be allowed in the planned development district shall be specified in the adopting ordinance or its attachments. Uses not permitted in the base zoning district must also be specified in the ordinance. Any deviations from the standards and provisions of these regulations shall be stated in the adopting ordinance. Development within a planned development district shall conform to all other requirements of these regulations and other city ordinances unless expressly provided otherwise in the adopting ordinance.

b.

Development regulations. The ordinance establishing a planned development district shall specify appropriate development regulations in written form and shall include, but may not be limited to: Uses, density, lot area, lot width, lot depth, yard depth, and widths, building height, lot coverage, floor area ratio, off-street parking and loading, open space, access, screening, landscaping, project phasing or scheduling, property or homeowner management associations, and other conditions or requirements the planning and zoning commission and city council may deem appropriate.

c.

Concept plan. During the review and public hearing process, the planning and zoning commission and city council shall require and approve a concept plan as part of the ordinance granting the planned development district.

i.

Content of concept plan. The concept plan shall be submitted by the applicant at the time of application. The concept plan shall graphically show the applicant's intent for the use of the land within the proposed planned development district.

a)

Residential concept plan. A concept plan for residential land use shall show site topography with contour intervals, the boundary of the planned development district, generalized location of treed areas, floodplain areas, location of all land use areas and gross acreage for each use and tract, density (net and gross), identification of major access points, rights-of-way or other areas to be dedicated to the city, open space or common areas, fence row trees and/or proposed mitigation of same, parkland, preliminary lot arrangements and street patterns, indication of each phase of development if separate phases are proposed, and other information to adequately describe the proposed development. For residential development that does not propose individual platted lots, the concept plan shall also show the size, type and location of buildings, building sites, lot coverage, access, screening, parking and circulation areas, and landscaped areas. Building elevations shall be required except for single-family detached structures.

b)

Nonresidential concept plan. A concept plan for other than residential uses shall show site topography with contour intervals, the boundary of the planned development district, floodplain areas, generalized locations of treed areas, the land uses, gross acreage for each use, building sites or lots, building elevations, lot coverage, floor area ratio for each use, building height and location, parking and circulation areas, identification of major access points, rights-of-way or other areas to be dedicated to the city, location of building setbacks along the site boundaries on dedicated streets and between residential and nonresidential uses, parking ratios, fence row trees and/or proposed mitigation of same, off-street parking and loading, indication of each phase of development if separate phases are proposed and other information to adequately describe the proposed development.

ii.

Amendment to concept plan. An amendment to a concept plan approved as a part of the ordinance establishing the planned development district is a change in zoning district classification and must follow the same procedures set forth in section 9, except the building official may approve minor revisions which do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, increase the density, building height, coverage of site, off-street parking ratio, or area regulations as indicated on the approved concept plan.

d.

Compliance. All development and construction shall conform to the approved concept plan. Before a certificate of occupancy can be granted, all development regulations and provisions of the concept plan must be adequately addressed.

5.

Open space. For all single and multi-family residential uses within a planned development district, open space shall be provided within the planned development district. Such open space may be dedicated to public use or owned and maintained in common by all or part of the occupants of the planned development district through a property or homeowners' association. If public, such open space shall be open to the public; if private, such open space shall be reserved for use by the residents. The open space shall comprise not less than one acre of land for each 75 dwelling units. The amount of open space may be adjusted downward by the city council when a lesser amount of open space would be more appropriate to the density of the development, or where the availability and nature of adjacent public open space is such that a lesser amount of open space would adequately protect the health, safety and welfare and promote the orderly development of the planned development district. The determination of whether land is eligible for open space shall be within the discretion of the city council.

a.

For purposes of this section, open space includes:

i.

Land area accessible to and permanently reserved for the common use and enjoyment of the occupants of the residential uses within the planned development district for leisure and recreational purposes (not including area devoted to parking, accessory uses or for required landscaping or building separation);

ii.

Ponds or lakes, not to exceed 50 percent of the required open space acreage maintained as an amenity, if specifically approved as being suitable for open space by the planning and zoning commission and city council.

b.

Land required for open space shall not include:

i.

Accessory buildings, swimming pools, recreation or community centers, climate controlled improvements, and areas reserved for the exclusive use and benefit of an individual tenant or owner;

ii.

Dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for yard depth or building setback or separation;

iii.

Vehicular driveways, private streets, parking areas, loading or storage areas;

iv.

Floodplain (100-year), flood-prone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space by the planning and zoning commission and city council.

c.

In a planned development district for residential uses, property owner or homeowners' associations are to be established for the purpose of ownership, maintenance and management of open spaces.

6.

City/developer facilities agreement. Planned development districts may require a city/developer facilities agreement prior to or contemporaneous with necessary development approvals. This agreement shall reflect the agreement of the city and the developer as to the cost sharing for the installation or over-sizing of utility systems, perimeter streets, mandatory construction or dedication of park or open space area, landscaping or greenbelt development or other comparable items, phasing of the development, maximum density or intensity of use during the construction process, the maintenance of open space, and other appropriate provisions as allowed by law.

7.

Reference on zoning district map. All planned development districts approved in accordance with the provisions of the zoning ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained as part of these regulations.

1.

General purpose and description. The "C-1" district provides for low-rise office uses not dependent upon retail trade or retail traffic for their operation, principally occupied by office workers with limited visitor and supplier access requirements. The principal use of land shall be on lots of not less than the area specified in the height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16). Uses permitted in more restrictive districts are not permitted in those less restrictive unless identified in the schedules of permitted uses (section 13) subject to the conditions applicable in the more restrictive district. The "C-1" district is designed to permit the location of offices of any profession, trade, or service.

2.

Supplemental use regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19, fencing and screening (section 18).

b.

Outside storage (section 23), which includes, but is not limited to, equipment, machinery, commodities, raw, semi-finished materials, and building materials, that is visible from the building lot line at ground level is not allowed in the "C-1" district

1.

General purpose and description: The C-2 district accommodates retail commercial facilities, which appeal to and require more access by customers. Shoppers or clients generally arrive by automobile, requiring a high ratio of parking to building area. The principal use of land shall be on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16). Uses permitted in more restrictive districts are not permitted in those less restrictive unless identified in the schedules of permitted uses (section 13) subject to the same conditions applicable in the more restrictive district.

2.

Supplemental use regulations.

a.

Requirements for sidewalks (section 20), off-street parking (section 19), fencing and screening (section 18) and outdoor storage (section 23).

b.

The property that fronts both sides of Boston Avenue from Highway 347 to 17th Street shall not be required to meet the front building setback requirement and the off-street parking requirements for this section. A 20-foot rear setback shall be required for new construction in order to provide parking for the employees for that specific business.

1.

General purpose and description: The C-3 district provides for retail uses typically located on major thoroughfares. The principal use of land shall be on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16).

2.

Supplemental use regulations. The following sections shall also apply to land development under this section:

a.

Requirements for sidewalks (section 20);

b.

Off-street parking (section 19, fencing and screening (section 18); and

c.

Outdoor storage (section 23).

1.

General purpose and description. The I-1 district accommodates warehouse, distribution, and smaller light fabrication and assembly facilities that produce no emissions, noise, or effluents. The principal use of land shall be on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16).

2.

Supplemental use regulations. The following sections shall also apply to land development under this section:

a.

Requirements for sidewalks (section 20), off-street parking (section 18), fencing and screening (section 18), and outdoor storage (section 23).

b.

Any structure which exceeds 100 feet in height shall be set back an additional one foot for each additional four feet of height over 100 feet.

1.

General purpose and description. The I-2 district provides for medium sized manufacturing and assembly facilities. Permitted uses are identified in the schedules of permitted uses (section 13) and the height and area requirements identified in (section 12).

2.

Supplemental use regulations. The following sections shall also apply to land development under this section:

a.

Requirements for sidewalks (section 20), off-street parking (section 19), fencing and screening (section 18), and outdoor storage (section 23).

b.

Any structure which exceeds 100 feet in height shall be set back an additional one foot for each additional four feet in height.

1.

General purpose and description: The I-3 district is intended for large process-related facilities with a variety of special requirements. The principal use of land shall be on lots of not less than the area specified in residential height and area regulations (section 12) and appropriate for permitted uses identified in the schedules of permitted uses (section 13), subject to site plan approval (section 16).

2.

Supplemental use regulations. The following sections shall also apply to land development under this section:

a.

Requirements for sidewalks (section 20), off-street parking (section 19), fencing and screening (section18), and outdoor storage (section 23).

b.

Any structure which exceeds 100 feet in height shall be set back an additional one foot for each additional four feet in height.

1.

Height.

a.

Cooling towers, roof gables, chimneys and vent stacks and citizens band (CB) antennae may extend for an additional height not to exceed an additional ten feet (10') above maximum.

b.

Water standpipes and tank, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed three (3) stories or 45 feet (45') in height, provided that one (1) additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the maximum height.

c.

No structure may be erected to a height in excess of that permitted by applicable airport hazard zoning regulations.

d.

Height and area regulations are set forth in Residential Height and Area Regulations (Section12) and Nonresidential Height and Area Regulations (Section 12.4).

2.

Front yards.

a.

No fence, wall, building or other structure exceeding three feet in height shall be allowed in any required front yard.

b.

Where lots have double frontage, running through from one street to another, one required yard may be reduced to ten (10) feet provided that there is no access to the abutting street.

c.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard setback shall comply with the requirements of the most restrictive district for the entire frontage.

d.

Every part of a required yard shall be open and unobstructed except for permitted accessory structures, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not more than twelve (12) inches and roof eaves projecting not more than twenty-four (24) inches.

3.

Side yards.

a.

No accessory building or structure may be erected within five (5) feet of any rear or side property line, or be located within any public or private easement.

⁽¹⁾  Provisions apply to manufactured home park "spaces" only with setbacks from private streets.

⁽²⁾  Setback from class 1 private street. Setback reduced to five feet from class 2 private street.

⁽³⁾  2,250 usable square feet for the first 15 spaces plus 25 sq. ft. for each additional space.

⁽⁴⁾  Lots siding on an access street or upon a plat boundary of the project shall not be less than 28 feet in width.

⁽⁵⁾  Includes front line of the building, covered porch or covered terrace, or attached accessory bldg.

⁽⁶⁾  Fronting access road; ten feet facing project road and can be reduced to five feet for staggered setbacks by P&Z.

⁽⁷⁾  Structures backing an access street or abutting single-family detached housing; ten feet w/o rear access.

⁽⁸⁾  Open space minimum of 1,200 square feet not less than 30 feet in width on the narrowest side.

⁽⁹⁾  Town home development shall comply with Section 11.5(2b).

(Ord. No. 2018-14, § 2(§ B), 5-21-18)

⁽¹⁾  Fire Resistance Ratings Table in adopted International Code.

⁽²⁾  Exception of normal appurtenances placed above roof level.

⁽³⁾  Allowable Heights and Areas Table and International Building Codes.