The regulations in this article shall apply generally or in groups of districts as indicated, unless district regulations or regulations for particular uses specifically provide to the contrary. They qualify or supplement other regulations appearing in this chapter.

(Code 1972, § 26-7.1; Ord. No. 91.53, 10-16-1991)

In addition to minimum yard and building spacing requirements specified in this chapter, all buildings and other structures, land preparation, and landscaping shall be so located and arranged on lots as to provide safe and convenient access for emergency purposes, fire protection, servicing, and off-street parking and loading located on the premises. As to access through such premises, the following limitations shall apply:

(1)

Prohibition of use of residentially zoned property for access to uses not permitted in residential districts, exceptions. No private land which is residentially zoned shall be used for vehicular or pedestrian access to land or structures in other districts used for any purpose not permitted in residential districts, except as provided below or otherwise authorized by this chapter or other lawful regulations:

a.

Where provision does not exist for safe access for emergency and public service vehicles and such access is not reasonably feasible except through privately owned residentially zoned land, access reserved for and limited to such vehicles may be authorized by the board of adjustment, subject to conditions and safeguards designed to protect the tranquility and character of the residential land so traversed.

b.

Where convenience and safety would be promoted, walkways and bicycle paths to nonresidentially zoned land may be authorized by the board of adjustment across privately owned residentially zoned land, subject to conditions and safeguards to protect the tranquility and character of the residential land so traversed.

(2)

Reserved.

(Code 1972, § 26-7.2; Ord. No. 91.53, 10-16-1991)

Where lands have been or are subdivided or resubdivided, but ownership is described by metes and bounds without recording a plat in the manner and form required by regulations in effect at the effective date of this chapter, such lands may be used in accordance with the terms of this chapter, provided:

(1)

That all necessary public facilities, services, and utilities are available to or located on such lands, or an agreement satisfactory to the council has been made and recorded in the office of the register of deeds, whereby the deficiencies in necessary public facilities, services, or utilities will be remedied, and appropriate waivers or exemptions have been obtained; or

(2)

That a plat of such land be recorded in the manner and form of and subject to the requirements existing in regulations in effect at the time of the recording of such plat.

(Code 1972, § 26-7.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

A contractor, engaged upon a construction project for which a zoning clearance permit has been issued by the city, may temporarily use a construction trailer for office facilities in the location where the work is being done; provided such construction trailer shall not be placed upon a public right-of-way, but only upon the property on which the zoning clearance permit authorizes the construction. The construction trailer shall be removed within 30 days of completion of the work for which the permit has been issued.

(b)

A zoning clearance permit may be issued by the planning director or his designee for a one-year period for the use of a manufactured home, or a modular home, as a temporary office while business or industrial properties are being remodeled, provided that it is placed upon the property for which there is a zoning clearance permit issued by the city for the remodeling. The permit shall be for a period of one year or until the remodeling is completed, whichever is the shorter period. The permit may be renewed after the expiration of the one-year period.

(c)

A temporary construction trailer as permitted in this section may be occupied for habitation purposes by no more than two persons at any one time; provided that the trailer is properly connected to a municipal water and sewer system or if municipal systems are not available, then connections to water supply and sewage disposal shall be approved by the county health department. Facilities and/or methods for solid waste disposal shall also be provided and approved by the code enforcement officer.

(Code 1972, § 26-7.5; Ord. No. 91.53, 10-16-1991)

In any residential district or business districts where the sale of residential dwelling units are permitted, the developers, builders or their agents may operate three model dwelling units as a sales office for the specific project under construction, subject to the following restrictions:

(1)

The model dwelling unit shall meet all district requirements for lot and yard dimensions.

(2)

Signs shall not be illuminated.

(3)

The model dwelling unit shall not be used for any business activity, other than showing and sales.

(4)

The site conditions and access are free from hazards to the public.

(Code 1972, § 26-7.6; Ord. No. 91.53, 10-16-1991)

Portable accessory storage structures may be located within the rear yard in all residential districts. Such accessory structures, when any portion is outside the allowable buildable area of the lot, shall meet all of the following standards:

(1)

The structure shall be of the portable type, used exclusively for storage, and no mechanical equipment such as, but not limited to heating, air conditioning, ventilating, or similar equipment, power tools and similar mechanical installations, shall be operated within or attached thereto.

(2)

There shall be only one portable storage structure per zoning lot. Such structure may have a horizontal dimension not exceeding 12 feet and shall have no other dimension exceeding eight feet.

(3)

The structure shall be properly anchored.

(4)

"Portable" shall mean without a permanent foundation and capable of being moved intact, and shall not include a manufactured home as defined by this chapter.

(Code 1972, § 26-7.7; Ord. No. 91.53, 10-16-1991)

The repair of an automobile or a motor vehicle in any residential zoning district is subject to the following restrictions:

(1)

Only minor repairs and maintenance may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil, the replacement of sparkplugs, ignition points, the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines.

(2)

Any other repairs on a motor vehicle or automobile shall be restricted to totally enclosed spaces off-street and only accomplished on privately registered vehicles having current state license plates, or motor vehicles designated by the state as qualifying for an antique or horseless carriage designation.

(3)

The automobile or motor vehicles referred to in subsections (1) and (2) above shall be registered showing the address at which the limited repairs and maintenance or other repairs are to be performed.

(Code 1972, § 26-7.8; Ord. No. 91.53, 10-16-1991)

Any radio or television receiving dish shall only be located within the rear yard or an interior side yard, provided that such structures are more distant from the street than any part of the principal building on the same lot and any part of the principal building on any lot abutting said required side yard.

(Code 1972, § 26-7.9; Ord. No. 91.53, 10-16-1991)

(a)

Recreational vehicles and boats. An owner of domestic recreational vehicles and/or boats may park or store such vehicles on residential property (exclusive of multifamily and PD-H districts), subject to the following limitations:

(1)

Location requirements.

a.

Parking of a recreational vehicle and/or boat is prohibited in the front yard.

b.

Such vehicles may be parked or stored in the rear yard, provided they are placed at a minimum of five feet from the rear and side property lines.

c.

An RV and/or boat may be placed on a vacant lot only when it abuts a lot containing a principle residential structure under like ownership. When this situation exists, the vehicle must comply with the front setback of the zoning district in which it is located.

(2)

Supplemental requirements.

a.

At no time shall such vehicles be occupied or used for living, sleeping or housekeeping purposes.

b.

At no time shall such vehicles be connected to or receive any utility service.

c.

Each vehicle must be ready for highway use, in operable condition, and display a current registration, license, and/or inspection tag (as applicable by state law).

d.

A maximum of two vehicle types, regulated by this section, may be allowed to be parked or stored on a private residentially used property. This requirement may include: two recreational vehicles; two boats; or one recreational vehicle and one boat.

e.

Such vehicles shall be parked on a designated parking area. Designated parking, for the purpose of this section, is defined as an area that has been improved by gravel, pavement, or concrete.

f.

At no time may a recreational vehicle or boat that is stored on private residential property create a situation that may be deemed a public nuisance as defined in section 54-252 of Newton City Code.

(3)

Exemptions. Recreational vehicles or boats kept in a garage or building structure, erected in accordance with all applicable zoning and building regulations, and that provides a complete enclosure so that the vehicle cannot be seen from a public street or abutting property are exempt from the standards set forth herein.

(b)

Commercial vehicles. The parking of more than one commercial vehicle per lot in any residential district is prohibited, except where such vehicles are located within entirely enclosed structures which meet the regulatory requirements for the applicable zoning district. This requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district.

(c)

Driveways, parking pads, and domestic vehicles.

(1)

When parked in the front yard, all domestic vehicles shall be placed upon a designated parking area. Designated parking shall be defined as an area that has been improved by gravel, pavement, or concrete.

(2)

Driveways and other improved parking areas between the property line and the front wall of the principle residential structure shall have a maximum, combined width of 20 feet. The cumulative improved area shall not exceed 30 percent of the front yard.

(Code 1972, § 26-7.11; Ord. No. 91.53, 10-16-1991; Ord. No. 2011-4, § 2, 2-1-2011)

Editor's note— Ord. No. 2011-4, § 2, adopted Feb. 1, 2011, changed the title of § 2-289 from "Parking of domestic, commercial, and recreational vehicles" to "Off-street parking in residential districts." This historical notation has been preserved for reference purposes.

In order to reduce the impact of a use of land on adjacent uses which are of a significantly different character, density or intensity, buffers and screening shall be required in accord with the following:

(1)

Buffer required. A buffer consists of a horizontal distance from a lot line which may only be occupied by screening, underground utilities, retention areas and landscaping materials. The required buffering distance in feet between the proposed land uses and the existing adjacent land use on adjoining zoning lots is set forth in the Buffer Matrix, Table 6-1, below. If the land next to the proposed development is vacant, the buffering required shall be determined by the existing zoning on the adjacent vacant parcel. If the adjacent parcel is vacant, but is zoned for a more intensive zoning district, no buffer area shall be required of the less intensive use. The relative degree of intensity shall be determined as follows:

a.

Single-family (as used in this section) shall be the least intensive.

b.

Two-family and multiple family, less than 12 units per acre, shall be the next least intensive.

c.

Multiple family, more than or equal to 12 units per acre, shall be the next least intensive.

d.

Group 1 shall be the next least intensive.

e.

Group 2 shall be the next least intensive.

f.

Group 3 shall be the most intensive.

TABLE 6-1. BUFFER MATRIX

GROUP 1

CULTURAL FACILITIES

Galleries

Museums

Libraries

RESIDENTIAL SUPPORT USES

Church/synagogue

Child care center

College/university

School

GROUP 2

COMMUNICATION FACILITIES

Radio and television studio

Motion picture studio

Telecommunications tower

MANUFACTURING, PROCESSING AND ASSEMBLY

Cabinet shop, small

MEMBERSHIP ORGANIZATIONS

PUBLIC FACILITIES

Public service facilities

Public use facilities

RETAIL

Convenience goods

Shopper goods

Bicycle sales

Gas station

Liquor stores

Lumber and other building materials

Mail order pickup facility

Manufactured home sales

Motor vehicle sales

Domestic vehicle sales

Commercial vehicle sales

Service station

Used merchandise sales

SERVICE

Banking

Automatic teller

Bank

Business services

Health services

Health practitioners

Animal hospital/veterinary clinic

General

Small

Hospital

Medical and dental laboratories

Nursing, convalescent and extended care facilities

Rehabilitation centers

Sanitarium/mental institution

Lodging places

Hotels, motels

Professional services

Personal services

Recreation and amusement services

Repair services

Motorized vehicle repair, minor

Bicycle repair

Electrical and electronic repair, large

Electrical and electronic repair, small

Gunsmith

Locksmith

Reupholstery

Furniture refinishing and repair

Small motor repair

Watch, clock and jewelry repair

Miscellaneous services

Car wash

Discotheques

Drinking establishments

Dry cleaners

Exterminators

Food catering

Funeral parlor

Lawn care/landscaping

Lounge

Mail order office

Nightclub

Photography studio

Rental of light equipment

Rental of vehicles or heavy equipment

Sign painting service

TECHNICAL SCHOOLS

Business schools

Trade schools

Vocational schools

MISCELLANEOUS

Flea markets, enclosed

Parking, off-street

Research activities

GROUP 3

PLACE OF ASSEMBLY

MANUFACTURING, PROCESSING AND ASSEMBLY

Cabinet shop, large

OPEN USE OF LAND, HEAVY

Junk yards

Open storage

TRANSPORTATION FACILITIES

Railroad switching and classification yard

Truck terminal

WAREHOUSING

Warehouse

Warehouse, mini

MISCELLANEOUS

Crematorium

Lumberyard

Flea markets, open

Publishing and printing

Sexually oriented businesses

Slaughterhouse

Stadium

Wholesale distribution

(2)

Screening required. Screening shall be required along the property boundaries of the zoning lot with the exception that screening such as hedges, fences or walls, as described in this section, shall not be over four feet tall within the front yard(s).

a.

Within buffers ten feet or less in required width, partial screening is required and shall consist of at least the following, together with any additional specifications of the Manual of City Specifications:

1.

One of the following:

i.

A row of street trees planted in accord with the Manual of City Specifications;

ii.

A masonry wall located within the required buffer; such wall shall be a minimum height of six feet (above finished grade); and, if a block wall, it shall be painted on all sides;

iii.

A solid wooden fence six feet in height; or

iv.

A berm and planting combination, with the berm an average height of three feet and dense plantings which will, when combined with the berm, achieve a minimum height of six feet and 75 percent opacity within two years.

2.

Lawn, low-growing evergreen shrubs, evergreen ground cover, or rock or wood mulch covering the balance of the buffer.

b.

Within required buffers of between 10.1 feet and 15 feet in width, screening is required and shall consist of at least the following, together with any additional specifications of the Manual of City Specifications:

1.

The requirements of subsection a. above; and

2.

A row of evergreen shrubs planted not more than five feet apart to form a continuous hedge, at least six feet high within two years of installation; or a solid brick, stone or wooden fence, a minimum of six feet high; or a berm and planting combination, with the berm having an average height of three feet, and dense evergreen shrubs which, when combined with the berm, achieve a height of six feet of continuous hedge within two years of installation.

c.

Within required buffers more than 15 feet in width, screening is required and shall consist of at least the following, together with any additional specifications of the Manual of City Specifications:

1.

The requirements of subsection (1) above; or

2.

A double row of evergreen trees which are not less than ten feet high at time of installation, planted no more than ten feet apart; and

3.

Lawn, low-growing evergreen ground cover, or rock or wood mulch covering the balance of the buffer.

(3)

Alternative buffers and screening. In lieu of compliance with the above buffer and screening requirement, an applicant may submit to the planning director for his review and approval a detailed plan and specifications for landscaping and screening. The planning director may approve the alternative buffering and screening, in writing, upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above requirements.

(4)

Existing vegetation. The retention of existing vegetation shall be maximized to the extent practicable, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees. Exotic, nuisance trees, as listed in the Manual of City Specifications, are not considered significant trees and their removal is encouraged. Where tree replacement is necessary or desired, the selection of significant trees to replace those removed is recommended.

(5)

Maintenance and irrigation of landscaping. All landscaping and screening which provides required buffering and screening shall be maintained so as to continue their effectiveness.

(6)

Determination of unlisted uses. The planning director shall make a determination, in the cases of uses not listed in Table 6-1, of the group appropriate for such uses. In reading the determination, the planning director shall be guided by the requirements for similar uses having comparable external effects.

(7)

Buffers adjacent to streams. The retention of natural vegetation shall be maximized to the extent practicable within a required buffer whenever it is adjacent to or contains a stream or drainage feature.

(8)

Topography. In situations where the topography would render most practical required screening noneffective, the planning director may allow the screening to be located outside of the required buffer and placed in a location that will enable the screening to be effective in meeting the intent of this section.

(Code 1972, § 26-7.12; Ord. No. 91.53, 10-16-1991; Ord. No. 94.51, §§ 3, 4, 11-16-1994; Ord. No. 97.4, § 3, 1-22-1997; Ord. No. 98.18, § 2, 3-24-1998; Ord. No. 2011-6, § 1, 3-1-2011)

Open storage areas shall be screened from view of any street, and from all residentially zoned land by a row of evergreen shrubs or trees planted to form a continuous hedge at least six feet high within two years of installation.

(Code 1972, § 26-7.13; Ord. No. 91.53, 10-16-1991)

All nonresidential uses except those permitted in the M-1 and EM-1 districts shall screen from view from public places and neighboring properties all mechanical equipment, such as, but not limited to, ground- or roof-mounted air conditioners, air conditioners, or heat pumps, through the use of features such as berms, fences, false facades or dense landscaping.

(Code 1972, § 26-7.14; Ord. No. 91.53, 10-16-1991; Ord. No. 95.11, § 1, 2-22-1995)

All new buildings and uses, except for single-family and two-family dwellings, must provide facilities for the central storage of solid waste within the lots. This requirement may be waived by the director of public works and utilities upon a finding that such facility is unnecessary or not in the public interest. Where such facilities are provided outside the building, they shall be screened from adjacent property by an enclosure constructed of materials compatible with the materials on the building. In cases where unique circumstances exist in relation to topography, or site considerations relevant to the development, the planning director may approve other screening methods or waive the screening requirement.

(Code 1972, § 26-7.15; Ord. No. 91.53, 10-16-1991; Ord. No. 2004.26, § 1, 5-19-2004; Ord. No. 2005.15, § 1, 5-18-2005)

(a)

All activities, with the exception of animal exercise yards, shall be conducted within an enclosed building.

(b)

Buildings housing animal hospitals or veterinary clinics shall be located no closer than 100 feet from an adjacent residential district.

(c)

Exercise and confinement yards shall be not less than 200 feet from any dwelling unit on adjacent property.

(Code 1972, § 26-7.18; Ord. No. 91.53, 10-16-1991)

(a)

No part of any theater screen, projection booth, or other building shall be located closer than 300 feet from any residential district, nor closer than 50 feet from any lot line.

(b)

The image on the theater screen shall not be visible from any arterial or collector street or from any residential district.

(c)

Queuing space within the zoning lot shall be provided for patrons awaiting admission in an amount equal to 20 percent of the vehicular capacity of the theater.

(Code 1972, § 26-7.19; Ord. No. 91.53, 10-16-1991)

Mini-warehouse facilities shall meet the following requirements:

(1)

Such facilities shall front on collector or arterial streets, as shown on the Hickory-Newton-Conover Urban Area Thoroughfare Plan and the collector street plan.

(2)

Such facilities shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair.

(3)

The storage of dangerous or offensive items is prohibited.

(4)

The requirements of section 102-290 shall be met unless the storage is located 200 feet from the zoning lot boundaries.

(5)

The storage of junk as defined by this chapter and chapter 62 is prohibited.

(Code 1972, § 26-7.20; Ord. No. 91.53, 10-16-1991)

A home occupation is that accessory use of a dwelling unit which shall constitute, either entirely or partly, the livelihood of a person living in the dwelling unit. Home occupations shall be subject to the following limitations:

(1)

No home occupation shall be permitted that:

a.

Changes the outside appearance of the dwelling unit or is visible from a street.

b.

Generates traffic, parking, sewage or water use in excess of that which is normal in a residential district.

c.

Creates a hazard to persons or property or is a nuisance.

d.

Results in outside storage or display of anything.

e.

Is conducted in any structure other than the principal structure.

f.

Employs more than a maximum of one nonresident of the premises in the occupation.

(2)

The following are permitted home occupations in all residential districts, provided that they meet the requirements of subsection (1), above:

a.

Dressmaking, sewing and tailoring.

b.

Painting, sculpturing and writing.

c.

Telephone answering service.

d.

Home crafts, such as weaving, lapidary, potting.

e.

Tutoring of no more than four students at a time.

f.

Computer programming.

g.

Nursery schools for up to five pupils.

h.

Hairstyling.

i.

Architect.

j.

Bookkeeping.

k.

Real estate.

l.

Graphic artist.

(3)

The following are prohibited as home occupations:

a.

Animal hospitals.

b.

Physicians, dentists and chiropractors.

c.

Dance studios.

d.

Exercise studios.

e.

Mortuaries.

f.

Private clubs.

g.

Repair shops.

h.

Restaurants.

i.

Stables and kennels.

j.

Automobile repair and paint shops.

(4)

Any proposed home occupation that is neither specifically permitted by subsection (2) of this section nor prohibited by subsection (3) of this section shall, in order to be established, obtain a Class B special use permit from the board of adjustment in accordance with article X of this chapter.

(Code 1972, § 26-7.21; Ord. No. 91.53, 10-16-1991; Ord. No. 92.43, § 1, 8-4-1992)

Enclosed compartmentalized storage shall meet the following requirements:

(1)

Such facilities shall front on a collector or arterial street, as shown on the Hickory-Newton-Conover Urban Area Thoroughfare Plan and the collector street plan.

(2)

Such facilities shall be used only for dead storage of materials or articles and shall not be used for assembly, fabrication, processing or repair.

(3)

The storage of hazardous, dangerous or offensive items is prohibited.

(4)

The storage of junk as defined by this chapter and chapter 62 is prohibited.

(Code 1972, § 26-7.22; Ord. No. 2002.34, § 3, 8-21-2002)

In any residential district where manufactured homes are permitted, the following criteria shall be used in determining the classification of manufactured homes:

(1)

Class A manufactured homes.

a.

Length-width ratio. Class A manufactured homes shall have a minimum width of 18 feet, shall have a length not exceeding four times its width, with length measured along the longest axis and width measured perpendicular to the longest axis at the narrowest part; the towing apparatus, wheels, axles, and transporting lights shall be removed and shall not be included in length and width measurements.

b.

Chassis and tongue removal. The towing tongue and undercarriage of the chassis, including wheels and axles, shall be removed upon placement upon a permanent foundation for the unit.

c.

Foundation. The class A manufactured homes shall be set up in accordance with the standards established by the state department of insurance. In addition, a continuous, permanent masonry foundation or masonry curtain wall constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings, un-pierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home.

d.

Exterior finish. The exterior siding shall consist of one or more of the following: vinyl or aluminum lap siding (whose reflectivity does not exceed that of a flat white paint), cedar or other wood siding, wood grain, weather-resistant press board siding, stucco siding, brick or stone which shall be comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

e.

Roof pitch. The pitch of the roof shall have a minimum vertical rise of three feet for each 12 feet of horizontal run, the roof shall be finished with a class C or better roofing material that is commonly used in standard residential construction, and all roof structures shall provide an eave projection of no less than six inches, which may include a gutter.

f.

Steps, platforms, porches, ramps and other access required. All manufactured homes shall be equipped with permanent steps, porches, entrance platforms, ramps and other means of entrance and exit to and from the manufactured home and shall be installed or constructed in compliance with the standards of the North Carolina State Building Code, and anchored securely to the ground.

(2)

Class B and C manufactured homes.

a.

Length-width ratio. Class B or C manufactured homes shall have no minimum length and width ratio.

b.

Chassis and tongue removal. The towing tongue and undercarriage of the chassis, including wheels and axles, shall be removed upon placement upon a permanent foundation for the unit.

c.

Foundation. Class B or C manufactured homes shall be set up in accordance with the standards established by the state department of insurance. In addition, a continuous, permanent masonry foundation or masonry curtain wall shall be constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings, un-pierced except for required ventilation, and access shall be installed under the perimeter of the manufactured home. Class B or C manufactured homes setup in established manufactured home parks shall be allowed to have a non-masonry curtain wall constructed with appropriate material.

d.

Exterior finish. Exterior siding shall consist of one or more of the following: vinyl or aluminum lap siding (whose reflectivity does not exceed that of a flat white paint), cedar or other wood siding, wood grain, weather-resistant press board siding, stucco siding, brick or stone which shall be comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

e.

Roof pitch. The pitch of the roof shall have a minimum vertical rise of three feet for each 12 feet of horizontal run, the roof shall be finished with a class C or better roofing material that is commonly used in standard residential construction, and all roof structures shall provide an eave projection of no less than six inches, which may include a gutter.

f.

Steps, platforms, porches, ramps and other access required. All manufactured homes shall be equipped with permanent steps, porches, entrance platforms, ramps and other means of entrance and exit to and from the manufactured home and shall be installed or constructed in compliance with the standards of the North Carolina State Building Code, and anchored securely to the ground.

(Code 1972, § 26-7.23; Ord. No. 91.53, 10-16-1991; Ord. No. 94.28, § 2, 6-22-1994; Ord. No. 2011-6, § 2, 3-1-2011)

The following limitations shall be observed in applying land use intensity ratings to a proposed development:

(1)

Maximum residential floor area. The maximum residential floor area shall not exceed the number of square feet derived by multiplying gross residential land area by the floor area ratio (FAR) applying in the district.

(2)

Minimum open space. The minimum required open space shall not be less than the number of square feet derived by multiplying gross residential land area by the open space ratio (OSR) applying in the district.

(3)

Minimum livability space. The minimum livability space shall not be less than the number of square feet derived by multiplying the gross residential land area by the livability space ratio (LSR) applying in the district.

(4)

Minimum recreation space. The minimum required recreation space shall not be less than the number of square feet derived by multiplying the gross residential land area by the recreation space ratio (RSR) applying in the district.

(Code 1972, § 26-7.24; Ord. No. 91.53, 10-16-1991)

(a)

All areas of a developed lot not occupied by buildings, structures, pedestrian and vehicle circulation ways, off-street parking and outside storage shall be appropriately improved with ground cover, trees, shrubbery or rock mulch, except for agricultural activities in accordance with the Manual of City Specifications.

(b)

No exposed soils shall be permitted after issuance of the certificate of occupancy, except for agricultural activities.

(Code 1972, § 26-7.25; Ord. No. 91.53, 10-16-1991)

(a)

The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to:

(1)

Encourage the location of towers in nonresidential/nonhistorical areas and minimize the total number of towers throughout the community;

(2)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

(3)

Encourage strongly the joint use of new and existing tower sites;

(4)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; and

(5)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

(b)

The following uses may be approved by the planning director after conducting an administrative review:

(1)

Installing an antenna on an existing structure other than a tower (such as a building, sign, utility pole, water tower, or other freestanding, nonresidential structure) that is more than 50 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure.

(2)

Installing an antenna on an existing nonresidential structure other than a tower (such as a building sign, water tower, utility pole or other freestanding, nonresidential structure) in any commercial or industrial district that is less than 50 feet in height so long as such addition does not add more than 20 feet to the height of the existing structure.

(3)

Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with such antenna, so long as the addition of such antenna adds no more than 20 feet to the height of such existing tower.

(4)

Locating any alternative tower structure in a zoning district other than industrial or commercial that, in the judgment of the planning director, is in conformity with the goals set forth in subsection (a) of this section.

(5)

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with such tower or antenna, in any industrial or commercial zoning district; provided, however, that such tower shall be set back from any residential lot lines a distance equal to the height of the tower. Engineering certification shall be submitted that states the structure's construction will cause the tower to crumble inward so that, in the event of collapse, no damage to structures on adjacent zoning lots will results. The following standards of section 102-468(18), Telecommunications towers, shall be used in deciding applications for approval of new towers in commercial or industrial districts: subsections a, b, c, d, e, g, i, j, k and m.

(6)

Replacing an existing tower which adds no more than 20 feet to the overall height of the existing structure.

(c)

The following requirements/standards shall be used in conducting an administrative review of the proposed facility:

(1)

Screening. Any additional buildings or equipment shall be screened in accordance with section 102-290, Buffers and screening, Table 6-1, Buffer Matrix, and section 102-292, Screening of mechanical equipment.

(2)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses on an industrial or commercial zoned lot. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot size and coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this subsection shall not be deemed to constitute the expansion of a nonconforming use or structure.

(3)

Inventory of existing sites. Each applicant for approval of an antenna and/or a tower shall provide to the planning director an inventory of its existing antennas and towers that are either within the jurisdiction of the city or within one-half mile of the border thereof, including specific information about the location, height and design of each tower or antenna. Applications are encouraged to submit an inventory of potential future tower sites within the jurisdiction of the city. The planning department may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate towers or antennas within the jurisdiction of the governing authority; provided, however, that the planning director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(Code 1972, § 26-7.26; Ord. No. 97.4, § 4, 1-22-1997)

(a)

The purpose of this section is to establish general guidelines for the use of dwellings as home offices. The goals of this section are to:

(1)

Allow work of an administrative nature to take place within a dwelling unit by its occupants.

(2)

Ensure that the residential character surrounding the home office is not altered in any way due to the home office.

(3)

Enhance the ability of persons to work from their dwelling without obtaining a special use permit.

(b)

Home offices may be approved by the planning director after conducting an administrative review.

(c)

The following requirements/standards shall be used when conducting an administrative review of a home office:

(1)

There shall be no customer traffic to and from the home office.

(2)

There shall be no manufacturing or alteration of a product.

(3)

There shall be no nonresident employed.

(4)

There shall be no physical changes to the dwelling as a result of the home office.

(5)

There shall be no outside display or storage of anything.

(6)

Office work must be conducted and storage of office materials and supplies shall be contained entirely within the principal structure.

(7)

Work shall be of an administrative nature and may include the use of personal computers, fax machines, telephones, digital scanners, filing systems and office furniture.

(8)

A maximum of 25 percent of the usable floor area of the dwelling shall be devoted to the home office.

(Code 1972, § 26-7.27; Ord. No. 97.17, § 3, 3-19-1997)

(a)

The purpose of this section is to establish general guidelines for the use of properties within the city and its extraterritorial planning jurisdiction which are of a size and which have the capability of supporting training facilities for the purposes of:

(1)

Providing training in appropriate locations for person who would be employed by uses permitted in the appropriate zoning district.

(2)

Assisting in economic development efforts for improvement and retention of employees in businesses.

(3)

Enhancing the city's ability to retain employers and to recruit new ones.

(4)

Using underutilized facilities of principal uses for training purposes that would enhance the principal use or serve to enhance principal uses in the applicable zoning district.

(b)

Training facilities as an accessory use may be approved by the planning director after conducting an administrative review.

(c)

The following requirements/standards shall be used when conducting an administrative review of a training facility as an accessory use:

(1)

Training shall be related to any permitted use in the M-1 or EM-1 districts.

(2)

Training shall only be provided by a college or university as defined in this chapter.

(3)

The training to be provided shall be part of the curriculum offered by the college or university conducting the training.

(4)

Training shall occur either within or upon the facilities of the principal use.

(5)

Training facilities shall comply with the dimensional requirements of the principal use, as well as with parking, floor area ratio, signage, buffer and screening requirements of the principal use.

(6)

Ingress and egress shall be the same as that for the principal use.

(Code 1972, § 26-7.28; Ord. No. 98.66, § 2, 11-18-1998)

(a)

Any lounge or nightclub shall be located at least 1,000 lineal feet from a residential (R) or planned development housing (PD-H) district; hospital; public or private two- or four-year college facility; elementary, junior high, or high school facility; church or other house of worship facility; child care center; public park or playground.

(b)

Lounges or nightclubs shall be at least 1,000 linear feet from any dwelling unit.

(c)

No two lounges or nightclubs shall be located within 1,000 feet of each other, a sexually oriented business, or any other establishment with amplified music.

(d)

A lounge or nightclub shall abut and may only be provided direct access via an arterial street as defined by the collector street plan of the city.

(e)

Subsections (a) through (d) of this section shall not be applicable to a "teen club" or to a fraternal organization facility which is licensed to dispense alcohol.

(f)

All applicable ABC permits shall be required. Adherence to such permits shall at all times be required.

(Code 1972, § 26-7.29; Ord. No. 98.18, § 4, 3-24-1998)

(a)

Pedestrian design requirements. For multi-tenant building/parcel projects, the site plan shall include provisions for pedestrian-scale amenities, which may include benches, picnic tables, pocket parks, courtyards, plazas, water attractions and trash receptacles. An area shall be reserved for pedestrian use and/or open space and shall be improved and maintained accordingly. Such areas may include covered malls for general pedestrian use, exterior walkways/crosswalks, outdoor seating areas and the like where the facilities are available for common use by employees and visitors. Required buffer areas and setback yards as well as improved deck and roof areas may be used to meet this requirement.

(b)

Heavy traffic generators. Service stations, fast food restaurants and similar uses, if provided, shall be so located that operations do not block pedestrian or traffic flows in other parts of the development.

(c)

Location of loading zones and maintenance areas. Loading zones where customers pick up goods shall be located and arranged so as to prevent interference with pedestrian movement within the development. Facilities and access routes for deliveries, servicing, and maintenance shall be located and arranged, so as to prevent interference with pedestrian traffic within the site.

(d)

Pedestrian travel. All buildings or building clusters within the development shall be connected with linkages other than roads (sidewalks, bikeways and walking paths). When feasible, as determined by the planning director or designee, linkages shall be provided between adjacent existing developments and/or shall continue to the site property line to provide access to adjacent future developments. Pedestrian access may be provided at any suitable locations, but shall, where practicable, be separated from vehicular access points in order to reduce congestion, marginal friction and hazards, except where signalization is used in such a manner as to control pedestrian and vehicular movements safely.

(e)

Street frontages. Sidewalks shall be installed along all street frontages.

(f)

Exceptions. Single-family and two-family dwellings are exempt from this subsection.

(Ord. No. 2011-6, § 3, 3-1-2011)

Editor's note— Ord. No. 2011-6, § 3, March 1, 2011, set out provisions intended for use as § 102-307. For purposes of maintaining sequential numbering of this Code, and at the editor's discretion, these provisions have been included as § 102-306.

(a)

Roof pitch. Roof pitches less than 3:12 and flat roofs will require a parapet wall. A pitched roof of greater than 3:12 shall be profiled by eaves a minimum of 12 inches from the building face or with a gutter.

(b)

Façade treatment. Architectural elements such as, but not limited to, windows and doors, bulkheads, masonry piers, transoms, cornice lines, windows hoods, awnings canopies, and other similar details shall be used on all façades which face and/or are visible at the time of construction from public or private street rights-of-way. Building wall offsets, including projections, recesses, columns, buttresses and changes in floor level shall be used in order to: add architectural interest and variety; relieve the visual effect of a single, long wall; and subdivide the wall into human-size proportions. Similarly, roofline offsets should be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof line.

(c)

Primary entrances. The primary entrance for a building shall face a public or private street and include at least three of the following elements:

(1)

Canopies or porticos.

(2)

Roof overhangs.

(3)

Recesses/projections.

(4)

Raised corniced parapets over the door.

(5)

Peaked roof forms.

(6)

Arches.

(7)

Outdoor patios.

(8)

Display widows.

(9)

Architectural details such as tile work and moldings that are integrated into the building structure and design.

(10)

Integrated planters or wing walls that incorporate landscape areas and/or place for sitting.

(d)

Service entrances and access areas. Service entrances and access areas shall not be visible from a public street.

(e)

Temporary walls. Temporary walls or "knock out" walls constructed of architectural metal siding or other similar material will be allowed provided that the building has approved plans indicating future expansion and that substantial preparation will be done indicating the intentions to expand. This preparation should include, but not be limited to, grading for the future expansion, properly sized utilities to allow for the future expansion, as well as other indicators that would indicate the intentions of expansion.

(f)

Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional concept of the city. Color shades shall be used to facilitate blending into the adjacent built environment. Building trim may feature brighter colors as an accent material. The use of high-intensity or metallic colors is not allowed except for accent purposes. The use of fluorescent, day glow, or neon colors shall be prohibited as a predominate wall color. Variations in color schemes are encouraged in order to articulate entryways and public amenities so as to give greater recognition to these features.

(g)

Buildings within the central business district (B-3). Buildings within the B-3 district shall not be clad with metal or vinyl siding. See section 102-749 for complete building design standards.

(Ord. No. 2011-6, § 4, 3-1-2011; Ord. No. 2016-8, § 1, 4-19-2016)

Editor's note— Ord. No. 2011-6, § 4, adopted March 1, 2011, set out provisions intended for use as § 102-308. For purposes of maintaining sequential numbering of this Code, and at the editor's discretion, these provisions have been included as § 102-307.