The city is divided into zones as shown on the city zoning map filed with the city clerk. The map and all explanatory material thereon is made a part of this article. Zones shall be designated as follows:

Designated Zoning Districts

(Ord. No. 2429, § 1(8.104), 11-13-2000)

State Law reference— Municipal authority to establish zoning districts, RSMo 89.030.

Where uncertainty exists or transition with respects to the boundaries between districts or sub-districts within a zone, as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to centerlines or street lines of streets or the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning map.

(4)

Where the boundary of a district line follows a railroad line such boundary shall be deemed to be located on the easement line to which is closest, which shall completely include or exclude the railroad easement unless otherwise designated.

(5)

Where there is a natural or manmade barrier such as a tree line, creek or streambed, it may be construed as an acceptable separation between districts or sub-districts, as indicated on the zoning map.

(6)

Other acceptable transitions would include upon review by the planning and zoning commission a step down of sub-districts within a zone (i.e., R-1A to R-1B or R-1E to R-1D, a possible acceptable step down transition could be R-1A to R-1C or R-1C to R-1E).

(7)

No transition between districts or sub-districts shall occur without a means of separation or obvious means of transition, subject to approval by the planning and zoning commission upon review. Some examples requiring approval are R-1A next to an R-1E, R-2 next to a R-1C.

(Ord. No. 2838, § 1(8.200-9), 1-9-2012)

When any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Ord. No. 2429, § 1(8.107), 11-13-2000)

The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. It has been sub-divided based on minimum lot size and allowable uses. Larger minimum lot requirements and prohibited uses have been established to protect existing and proposed low-density residential developments from the potentially adverse land use impacts associated with other forms of development, promoting and preserving an open, rural environment on larger parcels of land. All R-1 areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness order and efficiency is encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

(Ord. No. 2838, § 1(8.200-1), 1-9-2012)

State Law reference— Authority for municipal regulation, RSMo 89.020.

Property and buildings in any R-1 Single-Family Dwelling District shall be used only for the following purposes:

(1)

One detached single-family dwelling.

(2)

Attached or detached accessory buildings, including a private garage or storage building.

(3)

Home occupation.

(4)

Day care, limited.

(5)

Personal garden, serving a single-family dwelling on the same lot.

(Ord. No. 2838, § 1(8.200-2), 1-9-2012)

The following uses may be permitted in all R-1 districts upon review by the city planning and zoning commission:

(1)

Municipal use, public building and public utility.

(2)

Plant nursery in which no building or structure is maintained in connection therewith.

(3)

General purpose farm or garden but not the raising of livestock.

(4)

Public park or playground.

(5)

Golf course.

(6)

Private club not conducted for profit.

(7)

Bed and breakfast.

(8)

Public or private school (elementary, middle or high) or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing or sleeping.

(9)

Church/religious assembly.

(10)

Group home (eight or fewer residents plus two additional individuals acting as house parents per RSMo 89.020.2 and 89.020.6).

(11)

Library.

(Ord. No. 2838, § 1(8.200-2.1), 1-9-2012)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet.

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings but this regulation shall not require a front yard of greater depth than 40 feet.

(b)

Side yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten feet; provided, however, that for lots of record prior to the effective date of the ordinance from which this chapter is derived there shall be a side yard for dwellings on each side of the main building of not less than ten percent of the lot width, except as herein provided in section 50-490. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story building of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and related accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 20 feet in every other case. The interior side yard is the same as for dwellings and accessory buildings on an interior lot.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building; but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. For dwellings there shall be minimum lot width of 70 feet at the front of the building line except for lots of record prior to the effective date of the ordinance from which this division is derived for which there shall be minimum lot width of 50 feet at the front building line and such a lot shall abut on a street for a distance of not less than 35 feet.

(Ord. No. 2838, § 1(8.200-3.1), 1-9-2012)

No building shall exceed 2.5 stories or 35 feet in height except as provided in section 50-491.

(Ord. No. 2838, § 1(8.200-3.2), 1-9-2012)

(a)

For each dwelling and buildings accessory thereto, there shall be a lot area of not less than 8,400 square feet.

(b)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in article III of this chapter.

(c)

New accessory structures such as a shed, barn or garage may only occupy a lot in a residential zone if there is a principal dwelling on the same lot.

(Ord. No. 2721, 7-28-2008; Ord. No. 2838, § 1(8.200-3.3), 1-9-2012)

Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots and 30 percent on the lot area on corner lots; accessory buildings shall not cover more than 20 percent of the rear yard.

(Ord. No. 2838, § 1(8.200-3.4), 1-9-2012)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 30 feet.

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 30 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings but this regulation shall not require a front yard of greater depth than 40 feet.

(b)

Side yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than 20 feet. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that an unattached one-story building of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 25 feet.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 25 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. For dwellings there shall be minimum lot width of 100 feet at the front of the building line.

(Ord. No. 2838, § 1(8.200-4.1), 1-9-2012)

No building shall exceed 2.5 stories or 35 feet in height. The height of a residential structure is measured from the highest point of the roofline to finished grade.

(Ord. No. 2838, § 1(8.200-4.2), 1-9-2012)

(a)

Lot size. For each dwelling and buildings accessory to that dwelling, there shall be a lot area of not less than 15,000 square feet.

(b)

Minimum dwelling floor area. Every dwelling unit shall have a minimum floor area of 1,600 square feet, exclusive of basements, open or screened porches, garages and other like spaces.

(c)

Lot coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard.

(d)

Accessory structures. New accessory structures such as a shed, barn or garage may only occupy a lot in a residential zone if there is a principal dwelling on the same lot.

(e)

Minimum lot area-reduction permitted when. In the R-1B district, if the overall density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of the minimum for not more than 25 percent of the lots within the area being subdivided. Minimum lot size reductions, as described above, require planning and zoning board approval.

(Ord. No. 2838, § 1(8.200-4.3), 1-9-2012)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 30 feet.

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 30 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings but this regulation shall not require a front yard of greater depth than 40 feet.

(b)

Side yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than 25 feet. For unattached buildings of accessory use there shall be a side yard of not less than six feet; provided, however, that an unattached one-story building of accessory use shall not be required to be set back more than five feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 30 feet.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 30 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. For dwellings there shall be minimum lot width of 120 feet at the front of the building line.

(Ord. No. 2838, § 1(8.200-5.1), 1-9-2012)

No building shall exceed 2.5 stories or 35 feet in height. The height of a residential structure is measured from the highest point of the roofline to finished grade.

(Ord. No. 2838, § 1(8.200-5.2), 1-9-2012)

(a)

Lot size. For each dwelling and buildings accessory to that dwelling, there shall be a lot area of not less than 20,000 square feet.

(b)

Minimum dwelling floor area. Every dwelling unit shall have a minimum floor area of 1,600 square feet, exclusive of basements, open or screened porches, garages and other like spaces.

(c)

Lot coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard.

(d)

Accessory structures. New accessory structures such as a shed, barn or garage may only occupy a lot in a residential zone if there is a principal dwelling on the same lot.

(e)

Minimum lot area-reduction permitted when. In the R-1C zone, if the overall density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of the minimum for not more than 25 percent of the lots within the area being subdivided. Minimum lot size reductions, as described above, require planning and zoning board approval.

(Ord. No. 2838, § 1(8.200-5.3), 1-9-2012)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirement: The minimum depth of the front yard shall be 50 feet.

(b)

Side yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than 30 feet. For unattached buildings of accessory use there shall be a side yard of not less than ten feet; provided, however, that an unattached one-story building of accessory use shall not be required to be set back more than five feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 35 feet.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 35 feet or 25 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. For dwellings there shall be minimum lot width of 150 feet at the front of the building line.

(Ord. No. 2838, § 1(8.200-6.1), 1-9-2012)

No building shall exceed 2.5 stories or 35 feet in height. The height of a residential structure is measured from the highest point of the roofline to finished grade.

(Ord. No. 2838, § 1(8.200-6.2), 1-9-2012)

(a)

Lot size. For each dwelling and buildings accessory to that dwelling, there shall be a lot area of not less than 40,000 square feet.

(b)

Minimum dwelling floor area. Every dwelling unit shall have a minimum floor area of 2,000 square feet, exclusive of basements, open or screened porches, garages and other like spaces.

(c)

Lot coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard. New accessory structures such as a shed, barn or garage may only occupy a lot in a residential zone if there is a principal dwelling on the same lot.

(d)

Minimum lot area-reduction permitted when. In the R-1D zone, if the overall density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of the minimum for not more than 25 percent of the lots within the area being subdivided. Minimum lot size reductions as described above require planning and zoning board approval.

(Ord. No. 2838, § 1(8.200-6.3), 1-9-2012)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirement: The minimum depth of the front yard shall be 75 feet.

(b)

Side yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than 35 feet. For unattached buildings of accessory use there shall be a side yard of not less than ten feet; provided, however, that an unattached one-story building of accessory use shall not be required to be set back less than ten feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 40 feet.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 50 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building but no accessory building shall be located within ten feet of the rear lot line.

(d)

Lot width. For dwellings there shall be minimum lot width of 200 feet at the front of the building line.

(Ord. No. 2838, § 1(8.200-7.1), 1-9-2012)

No building shall exceed 2.5 stories or 35 feet in height. The height of a residential structure is measured from the highest point of the roofline to finished grade.

(Ord. No. 2838, § 1(8.200-7.2), 1-9-2012)

(a)

Lot size. For each dwelling and buildings accessory to that dwelling there shall be a lot area of not less than two acres or 87,120 square feet.

(b)

Minimum dwelling floor area. Every dwelling unit shall have a minimum floor area of 2,000 square feet, exclusive of basements, open or screened porches, garages and other like spaces.

(c)

Lot coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard. New accessory structures such as a shed, barn or garage may only occupy a lot in a residential zone if there is a principal dwelling on the same lot.

(d)

Minimum lot area-reduction permitted when. In the R-1E zone, if the overall density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of the minimum for not more than 25 percent of the lots within the area being subdivided. Minimum lot size reductions as described above require planning and zoning board approval.

(Ord. No. 2838, § 1(8.200-7.3), 1-9-2012)

Off-street parking shall be provided in these districts in accordance with the following schedule and article III of this chapter:

(1)

Single-family dwelling: two garage parking spaces for each dwelling unit.

(2)

Garage apartments: two parking spaces for each dwelling unit.

(3)

Guest rooms: one parking space for each lodging room.

(Ord. No. 2838, § 1(8.200-8), 1-9-2012)

(a)

Individual parking spaces, regardless of shape, shall provide a clear rectangular parking space of not less than nine feet in width and a length of not less than 20 feet (plus required accessibility space as required for disabled parking where applicable).

(b)

A parking space shall be provided at a location off public right-of-way and outside of the sight clearance triangle at right-of-way intersections as prescribed elsewhere in this Code.

(c)

Driveway locations and approach configurations shall be constructed in accordance with this Code.

(d)

Driveway ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb.

(e)

Off-street driveway and parking areas shall be constructed and maintained with asphalt, concrete or other approved paving materials capable of supporting all vehicles used thereon, in all weather conditions, without emitting dust or mud onto an adjacent street or adjoining property during normal and customary use.

Table RE-1. Setbacks in Feet

*See exceptions cited in specific R-1 district sections

(Ord. No. 2838, § 1(8.200-8.1), 1-9-2012)

This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness order and efficiency are encouraged by providing for adequate light, air and open space for dwelling and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

(Ord. No. 2429, § 1(8.201-1), 11-13-2000)

Property and buildings in a R-2 Two-Family Dwelling District shall be used only for the following purposes:

(1)

Any uses permitted in a R-1 Single-Family Dwelling District.

(2)

Two-family dwellings or a single-family dwelling and a garage apartment.

(3)

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(Ord. No. 2429, § 1(8.201-2), 11-13-2000)

Any use permitted on review in a R-1 Single-Family Dwelling District may be permitted on review by the city planning and zoning commission.

(Ord. No. 2429, § 1(8.201-3), 11-13-2000)

(a)

Front yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet.

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building; but this regulation shall not require a front yard of greater depth than 40 feet.

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(b)

Side yard.

(1)

For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than ten feet; provided, however, that for lots of record prior to the effective date of the ordinance from which this division is derived there shall be a side yard for dwellings on each side of the main building of not less than ten percent of the lot width, except as herein provided in section 50-490. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there a shall be side yard set back from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 20 feet in every other case. The interior side yard is the same as for dwellings and accessory buildings as for an interior lot.

(3)

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior lot lines a distance of not less than 35 feet.

(c)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building; but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. For single-family dwellings, two-family dwellings or single-family dwellings and garage apartments, there shall be a minimum lot width of 80 feet at the front building line, except for lots of record prior to the effective date of the ordinance from which this division is derived for which there shall be a minimum lot width of 50 feet at the front building line and such lot shall abut on a street for a distance of not less than 35 feet.

(e)

Intensity of use.

(1)

For each single-family dwelling and accessory buildings there shall be a lot of not less than 8,400 square feet.

(2)

For each two-family dwelling and accessory buildings there shall be lot area of not less than 8,400 square feet. A garage apartment located on the same lot with a single-family dwelling shall have the same area requirements as a two-family dwelling. In all other cases, a garage apartment shall be provided with the same lot area required by a single-family dwelling.

(3)

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this division is derived, that lot may be used for any use, except churches, permitted in the R-1 single-family district.

(4)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the required off-street parking area.

(f)

Coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Ord. No. 2429, § 1(8.201-4), 11-13-2000; Ord. No. 2721, § 2, 7-28-2008)

No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 50-491.

(Ord. No. 2429, § 1(8.201-5), 11-13-2000)

Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

Dwelling: two parking spaces for each dwelling unit.

(2)

Garage apartments: two parking spaces for each dwelling unit.

(3)

Guest rooms: one parking space for each lodging room.

(4)

Parking and driveway size, location and configurations:

a.

Individual parking spaces, regardless of shape, shall provide a clear rectangular parking area of not less than nine feet in width and a length of not less than 20 feet (plus required accessibility space as required for disabled parking where applicable).

b.

Parking space shall be provided at a location off public right-of-way and outside of the sight clearance triangle at right-of-way intersections as prescribed elsewhere in this Code.

c.

Driveway widths, locations and approach configurations shall be constructed in accordance with this Code.

d.

Driveway and parking areas shall be constructed and maintained with asphalt, concrete or other approved paving materials capable of supporting all vehicles used thereon, in all weather conditions, without emitting dust or mud onto an adjacent street or adjoining property during normal and customary use.

(Ord. No. 2429, § 1(8.201-6), 11-13-2000)

This is a residential district to provide for medium and high population density. The principal use of land can range from single-family to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness order and efficiency are encouraged by providing for adequate light, air and open space for dwelling and related facilities and through consideration of the proper functional relationship of each element.

(Ord. No. 2429, § 1(8.202-1), 11-13-2000)

The following uses are permitted:

(1)

Any use permitted in an R-2 residential district.

(2)

Multiple-family dwelling, apartment house.

(3)

Roominghouse or boardinghouse.

(4)

Bed and breakfast.

(5)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(Ord. No. 2429, § 1(8.202-2), 11-13-2000)

The following uses may be permitted on review by the city planning and zoning commission:

(1)

Any use permitted on review in an R-1 or R-2 residential district.

(2)

Child care center.

(3)

Medical facility.

(4)

Mobile home park.

(Ord. No. 2429, § 1(8.202-3), 11-13-2000)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(1)

The minimum depth of the front yard shall be 25 feet.

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(b)

Side yard.

(1)

For dwellings located on an interior lot, a side yard of not less than ten feet shall be provided on both sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof; provided, however, that for single-family and two-family dwellings on lots of record prior to the effective date of the ordinance from which this division is derived, there shall be provided on both sides of the main building a side yard of not less than ten percent of the lot width. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 20 feet in every other case. The interior side yard is the same as for dwellings and accessory buildings on an interior lot.

(3)

Churches and main and accessory buildings, other than dwellings and mobile homes, shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(c)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building; but no accessory building shall be located within five feet of the rear lot line.

(d)

Lot width. There shall be a minimum lot width of 80 feet at the front building line for single-family and two-family dwellings and ten feet additional width at the front building line for each family, more than two, occupying a dwelling; provided, however, that a lot width at the front building line shall not be required to exceed 150 feet, except that for lots of record prior to the effective date of the ordinance from which this division is derived there shall be a minimum lot width of 50 feet at the front building line if such lot is used for single-family or two-family dwellings. A lot shall abut on a street for a distance of not less than 35 feet.

(e)

Intensity of use.

(1)

There shall be a lot area of not less than 8,400 square feet for a single-family dwelling or two-family dwelling and not less than 8,400 square feet plus an additional area of not less than 2,000 square feet for each family, more than two, occupying a dwelling.

(2)

There shall be a lot area of not less than 8,400 square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than 2,000 square feet more than is required for the two-family or multiple-family dwelling.

(3)

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this division is derived that lot may be used for any use, except churches, permitted in the R-1 Single-Family Dwelling District.

(4)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the required off-street parking area.

(f)

Coverage. Main and accessory buildings shall not cover more than 35 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Ord. No. 2429, § 1(8.202-4), 11-13-2000; Ord. No. 2721, § 3, 7-28-2008)

No buildings shall exceed 3.5 stories or 45 feet in height, except as provided in section 50-491.

(Ord. No. 2429, § 1(8.202-5), 11-13-2000)

(a)

Generally. Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

Dwelling: two parking spaces for each dwelling unit.

(2)

Garage apartments: two parking spaces for each dwelling unit.

(3)

Guest rooms: one parking space for each lodging room.

(b)

Parking and driveway specifications. Parking and driveway size, location and configurations shall be as follows:

(1)

Individual parking spaces, regardless of shape, shall provide a clear rectangular parking space of not less than nine feet in width and a length of not less than 20 feet (plus required accessibility space as required for disabled parking where applicable).

(2)

Parking space shall be provided at a location off public right-of-way and outside of the sight clearance triangle at right-of-way intersections as prescribed elsewhere in this Code.

(3)

Driveway widths, locations and approach configurations shall be constructed in accordance with this Code.

(4)

Off-street driveway and parking areas shall be constructed and maintained with asphalt, concrete or other approved paving materials capable of supporting all vehicles used thereon, in all weather conditions, without emitting dust or mud onto adjacent street or adjoining property during normal and customary use.

(Ord. No. 2429, § 1(8.202-6), 11-13-2000)

It is a discriminatory practice and a violation of this chapter for any person to discriminate in the sale or rental of housing on the basis of a disability of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or any person associated with that buyer or renter. The design and construction of new multifamily dwellings containing four or more units is required to meet certain adaptability and accessibility requirements in accordance with 42 USC 3604.

This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

(Ord. No. 2429, § 1(8.203-1), 11-13-2000)

Property and buildings in a C-1 Local Commercial District shall be used only for the following purposes:

(1)

All uses permitted in an R-3 zone.

(2)

Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:

a.

Antique shop.

b.

Apartment hotel.

c.

Appliance store.

d.

Arts school, gallery or museum.

e.

Artist materials, supply, studio.

f.

Assembly halls for nonprofit corporations.

g.

Automobile service station.

h.

Automobile parking lot.

i.

Baby shop.

j.

Bakery goods store.

k.

Bank.

l.

Barbershop.

m.

Beauty shop.

n.

Book or stationery store.

o.

Camera shop.

p.

Candy store.

q.

Catering establishment.

r.

Child care center.

s.

Cleaning, pressing, laundry agency, providing cleaning and pressing is not done on the premises.

t.

Curio or gift shop.

u.

Drug store or fountain.

v.

Dry goods store.

w.

Department store.

x.

Dairy products or ice cream store.

y.

Delicatessen.

z.

Dress shop.

aa.

Florist shop, greenhouse, nursery.

bb.

Furniture.

cc.

Golf club.

dd.

Grocery store or supermarket.

ee.

Hardware store.

ff.

Hotel.

gg.

Help-yourself laundry.

hh.

Jewelry or notion store.

ii.

Libraries.

jj.

Lodge hall.

kk.

Meat market.

ll.

Medical facility.

mm.

Messenger or telegraph service.

nn.

Municipal use, public building and public utility.

oo.

Museums.

pp.

Music conservatories.

qq.

Musical instrument sales.

rr.

Newspaper or magazine sales.

ss.

Office business.

tt.

Office supply.

uu.

Optometrists sales and service.

vv.

Paint and decorating shop.

ww.

Parking lot.

xx.

Photographer studio.

yy.

Pharmacy.

zz.

Radio and television sales and service.

aaa.

Restaurant.

bbb.

Sewing machine sales, instruction.

ccc.

Sporting goods sales.

ddd.

Shoe repair shop.

eee.

Tailor shop.

fff.

Toy store.

ggg.

Variety store.

(3)

Name plate and sign relating only to the use of the store and premises or to produce sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited.

(4)

Accessory buildings and uses customarily incidental to the above uses.

(5)

Any building used for any of the above enumerated uses may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections (1) through (4) of this section shall be displayed or stored outside of a building.

(Ord. No. 2429, § 1(8.203-2), 11-13-2000)

The following requirements shall apply to all uses permitted in this district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(2)

Side yard. On the side lot adjoining a dwelling district there shall be a side yard of not less than ten feet. When the rear lot line of a corner lot abuts a dwelling district the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

(3)

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet.

(Ord. No. 2429, § 1(8.203-3), 11-13-2000)

No building shall exceed 2.5 stories or 35 feet in height, except as hereinafter provided in section 50-491.

(Ord. No. 2429, § 1(8.203-4), 11-13-2000)

Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

(2)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(3)

Driveways used for ingress and egress shall conform to standards and specifications established by the city set forth in the most recent edition of the American Public Works Association standards.

(Ord. No. 2429, § 1(8.203-5), 11-13-2000)

This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

(Ord. No. 2429, § 1(8.204-1), 11-13-2000)

(a)

Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-1 Local Commercial District.

(2)

Amusement enterprises.

(3)

New automobile sales and services, new machinery sales and services and public garages, provided no gasoline is stored above ground; used automobile and machinery repairing of conducted wholly within a completely enclosed building but not including automobile or machinery wrecking establishment or junk yards.

(4)

Advertising signs or structures.

(5)

Apartments of new construction.

(6)

Auto court or tourist court.

(7)

Ambulance service office or garage.

(8)

Bakery.

(9)

Boat sales.

(10)

Bus terminal.

(11)

Carpenter and cabinet shop.

(12)

Cleaning and dyeing works.

(13)

Clothing or apparel store.

(14)

Commercial school or hall.

(15)

Dance hall.

(16)

Department store.

(17)

Drive-in theatre or restaurant.

(18)

Electric transmission station.

(19)

Feed and fuel store.

(20)

Frozen food locker.

(21)

Furniture repair and upholstery.

(22)

Funeral parlor or mortuary.

(23)

Gasoline and oil retail distributing plant.

(24)

Golf course, miniature or practice range.

(25)

Heating, ventilating or plumbing supplies, sales and services.

(26)

Interior decorating store.

(27)

Ice storage locker plant or storage house for food.

(28)

Key shop.

(29)

Kennel.

(30)

Laboratories, testing and experimental.

(31)

Laundry.

(32)

Leather goods shop.

(33)

Metal and wood fencing ornamental grill work and decorative wrought iron work and play equipment sales.

(34)

Equipment sales.

(35)

Music, radio or television shop.

(36)

Night club.

(37)

Nursery or garden supply store.

(38)

Outdoor advertising signs.

(39)

Pawn shop.

(40)

Recreation center.

(41)

Research laboratories.

(42)

Roller skating rink.

(43)

Sign painting shop.

(44)

Hospital for small animals.

(45)

Sporting goods store.

(46)

Stock and bond broker.

(47)

Storage warehouse.

(48)

Theater.

(49)

Tavern.

(50)

Toy store.

(51)

Used automobile sales wholesale distributing center.

(52)

Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.

(53)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

(b)

No article or material stored or offered for sale in connection with uses permitted under subsections (a)(1) through (53) of this section shall be stored or displayed outside the confines of a building unless it is so screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven feet in height shall be required.

(Ord. No. 2818, § 1, 6-13-2011)

(a)

There are no specific front or side yard requirements for uses.

(b)

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width. In all other cases no rear yard is required.

(c)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in article III of this chapter.

(d)

Sight triangles shall be reserved at street intersections per section 50-490(5).

(Ord. No. 2429, § 1(8.204-3), 11-13-2000; Ord. No. 2542, § 1, 6-23-2003)

No building shall exceed 3.5 stories or 45 feet in height, except as provided in section 50-491.

(Ord. No. 2429, § 1(8.204-4), 11-13-2000)

Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

(2)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(3)

Driveways used for ingress and egress shall conform to standards and specifications set forth in the most recent edition of the American Public Works Association standards.

(Ord. No. 2429, § 1(8.204-5), 11-13-2000)

This commercial district is intended to provide a location for the conduct of services and retail business for motorists passing through the community and for the limited amount of merchandise, equipment and material being offered for retail sale that because of the type of material or transportation requirements are suitable for display and storage outside the confines of an enclosed building. Persons of the community, the surrounding trade territory and motorists will require direct access. However, the concentration of shoppers will be much smaller and visits less frequent than in the general commercial district.

(Ord. No. 2429, § 1(8.205-1), 11-13-2000)

(a)

Property and buildings in a C-3 Highway Commercial District shall be used only for the following purposes:

(1)

Any use permitted in a C-2 zone.

(2)

Antique shop.

(3)

Automobile service station.

(4)

Boat sales.

(5)

Candy, curio or gift shop.

(6)

Drive-in theatre or restaurant.

(7)

Farm implement and machinery, new and used.

(8)

Gasoline and oil retail distributing plant.

(9)

Golf course, miniature and practice range.

(10)

Hotel or motor hotel.

(11)

Outdoor advertising.

(12)

Metal and wood fencing ornamental grill work and decorative wrought iron work and play equipment sales.

(13)

Mobile home sales.

(14)

Monument sales.

(15)

New and used car and truck sales.

(16)

Prefabricated house sales.

(17)

Recreation center.

(18)

Restaurant including liquor by the drink.

(19)

Roller skating rink.

(20)

Trailers for hauling, rental and sales.

(21)

Travel trailer camp.

(22)

Wholesale distributing center.

(b)

The above enumerated uses shall comply with the following provisions:

(1)

All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen on ground level in an R residential or a C-1 or C-2 commercial district when located to the side or rear of the lot on which the open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings that it cannot be seen from a public street.

(2)

All yards unoccupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition around the year.

(3)

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

(4)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(5)

Driveways used for ingress and egress shall conform to standards and specifications set forth in the most recent edition of the American Public Works Association standards.

(6)

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent streets and shall not be of a flashing or intermittent type.

(Ord. No. 2429, § 1(8.205-2), 11-13-2000)

The following requirements shall apply to all uses permitted in this district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than 25 feet in depth.

(2)

Rear yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width. In all other cases no rear yard is required.

(3)

Building yard. Buildings shall be provided with a yard adequate to meet the off-street parking requirements set forth in article III of this chapter.

(Ord. No. 2429, § 1(8.205-3), 11-13-2000)

No building shall exceed 2.5 stories or 35 feet in height except as hereinafter provided in section 50-491.

(Ord. No. 2429, § 1(8.205-4), 11-13-2000)

This industrial district is intended primarily for production and assembly plants that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the general industrial district. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

(Ord. No. 2429, § 1(8.206-1), 11-13-2000)

Property and buildings in an I-1 Light and Industrial District shall be used only for the following purposes:

(1)

Any use permitted in a C-3 Highway Commercial District.

(2)

Any of the following uses:

a.

Aerospace manufacturing.

b.

Automotive manufacturing.

c.

Bakery.

d.

Bottling works.

e.

Book bindery.

f.

Candy manufacturing.

g.

Distribution center, including any incidental freighting or trucking yard terminal.

h.

Engraving plant.

i.

Electrical equipment assembly.

j.

Electronic equipment assembly and manufacturing.

k.

Furniture manufacturing.

l.

Grain storage and milling.

m.

Heavy equipment manufacturing, including construction and mining.

n.

Instrument and meter manufacturing.

o.

Jewelry and watch manufacturing.

p.

Laboratories, experimental.

q.

Laundry and cleaning establishment.

r.

Leather goods and fabrication.

s.

Microbrewing, including processing, bottling, and packaging.

t.

Optical goods manufacturing.

u.

Sporting goods manufacturing.

v.

Veterinary pharmaceutical.

(3)

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside of the buildings housing the operation or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.

(4)

The following uses may be permitted on review by the city planning and zoning commission:

a.

Animal food manufacturing.

b.

Food products processing and packing, including meat processing and packing.

Retail sales are permitted only when incidental and accessory to a permitted principal use in accordance with this section.

(Ord. No. 2429, § 1(8.206-2), 11-13-2000; Ord. No. 3050, § 1, 8-23-2021)

(a)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(b)

Side yard. No building shall be located closer than 25 feet to a side lot line.

(c)

Rear yard. No building shall be located closer than 25 feet to the rear lot line.

(d)

Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 80 percent of the lot area.

(Ord. No. 2429, § 1(8.206-3), 11-13-2000)

No buildings or structure shall exceed 3.5 stories or 45 feet in height, except as hereinafter provided in section 50-491.

(Ord. No. 2429, § 1(8.206-4), 11-13-2000)

Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

All of the lot used for the parking of vehicles, for the storage and display of merchandise, and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by use of such feature. The provisions of this section shall not apply to the parking surface only on property which:

a.

Has an area of 35 square acres or more;

b.

Is located 3,960 feet or more from any property that is zoned for residential use;

c.

Is located 1,250 feet or more from any property that is zoned for C-l local commercial or C-2 general commercial uses; and

d.

Which mitigates the dust generated from the unsealed parking lot if such dust is deemed to be a public health or safety hazard, as determined by the city.

(2)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(3)

Driveways used for ingress and egress shall conform to standards and specifications set forth in the most recent edition of the American Public Works Association standards.

(Ord. No. 2429, § 1(8.206-5), 11-13-2000; Ord. No. 3011, § 1, 6-8-2020)

This industrial district is primarily for the conduct of manufacturing, assembling and fabrication and for warehousing, wholesale and service uses. These do not depend primarily on frequent personal visits of customers or clients but may require good accessibility to major rail or street transportation routes.

(Ord. No. 2429, § 1(8.207-1), 11-13-2000)

Property and buildings in an I-2 General Industrial District shall be used for the following purposes:

(1)

Any use permitted in the I-1 Light Industrial District.

(2)

Any of the following uses:

a.

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business but not including a concrete batch plant or a transit mix plant.

b.

Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.

c.

Freighting or trucking yard terminal.

d.

Oilfield equipment storage yard.

e.

Public utility service yard or electrical receiving or transforming station.

f.

Sale barn.

g.

Cement, lime, gypsum or plaster of paris manufacture.

(3)

The following uses when conducted within a completely enclosed building:

a.

The manufacturer, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

b.

The manufacturer, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process.

c.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

d.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.

e.

Manufacture of musical instruments, toys, novelties and rubber and metal stamps.

f.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and over-hauling, tire retreading or recapping and battery manufacturing.

g.

Blacksmith shop and machine shop, excluding punch presses over 20 tons rated capacity, drop hammers and automatic screw machines.

h.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

i.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.

(4)

Buildings, structures and uses accessory and customarily incidental to any of the above uses. The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

(5)

The following uses may be permitted on review by the city planning and zoning commission:

a.

Acid manufacture.

b.

Automobile salvage or junk yard.

c.

Building materials salvage yard.

d.

Explosives, manufacture or wholesale storage.

e.

Gas manufacture.

f.

Junk or salvage yard of any kind.

g.

Petroleum or its products, refining of.

h.

Scrap metal storage yard.

i.

Wholesale or bulk storage of gasoline, propane or butane or other petroleum products.

j.

Any use not otherwise permitted in this division.

k.

Military and consumer ammunition, arms, and components manufacturing, distribution, and related integrated uses.

l.

Agricultural Chemicals, manufacture or wholesale storage.

Retail sales are permitted only when incidental and accessory to a permitted principal use in accordance with this section.

(Ord. No. 2429, § 1(8.207-2), 11-13-2000; Ord. No. 3050, § 2, 8-23-2021; Ord. No. 3099, § 1, 4-24-2023)

(a)

There are no specific front or side yard requirements for uses in this district.

(b)

Rear yard. Where a building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases, no rear yard is required.

(c)

Buildings shall be provided with a yard area adequate to meet off-street parking requirements set forth in article III of this chapter.

(Ord. No. 2429, § 1(8.207-3), 11-13-2000)

No building shall exceed 3.5 stories or 45 feet in height, except as hereinafter provided in section 50-491.

(Ord. No. 2429, § 1(8.207-4), 11-13-2000)

Off-street parking shall be provided in this district in accordance with the following schedule and article III of this chapter:

(1)

All of the lot used for the parking of vehicles, for the storage and display of merchandise, and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by use of such feature. The provisions of this section shall not apply to the parking surfaces only on property which:

a.

Is 35 square acres or more;

b.

Is located 3,960 feet or more from any property that is zoned for residential use;

c.

Is located 1,250 feet or more from any property that is zoned for C-l local commercial or C-2 general commercial uses; and

d.

Mitigates the dust generated from the unsealed parking lot if such dust is deemed to be a public health or safety hazard, as determined by the city.

(2)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(3)

Driveways used for ingress and egress shall conform to standards and specifications set forth in the most recent edition of the American Public Works Association standards.

(Ord. No. 2429, § 1(8.207-5), 11-13-2000; Ord. No. 3011, § 2, 6-8-2020)

This agricultural district is intended primarily for use in areas of the city on the outer edge of urbanized development. Subdivision of land to higher residential densities is usually premature in this district due to lack of adequate utility services, roadways or other transportation systems.

(Ord. No. 2429, § 1(8.208-1), 11-13-2000)

Property and buildings in an A Agricultural District shall be used only for the following purposes:

(1)

The growing of agricultural crops, nursery stock and gardening.

(2)

The keeping of agricultural livestock in accordance with the ordinances of the city relating thereto but not commercial feed lots or poultry processing.

(3)

Public park or playground.

(4)

Detached one-family dwelling.

(5)

Accessory buildings which are not a part of the main buildings.

(Ord. No. 2429, § 1(8.208-2), 11-13-2000)

(a)

Front yard. All buildings shall be set back from street right-of-way lines to provide a front yard the minimum depth which shall not be less than 25 feet.

(b)

Side yard. All buildings shall be set back from lot lines to provide a side yard of not less than ten feet, except for a corner lot, the side yard adjacent to the street shall be not less than 15 feet in width.

(c)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(d)

Lot width. For dwellings there shall be a minimum lot width of 150 feet at the front building line and such lot shall abut on a street for a distance of not less than 100 feet.

(e)

Intensity of use. For each dwelling and buildings accessory thereto, there shall be a lot area of not less than three acres.

(Ord. No. 2429, § 1(8.208-3), 11-13-2000)

The purpose of the CRT Commercial-Residential Transition Overlay District is to provide for the buffering of commercial and residential uses. Characteristics of this district generally include a mixture of land uses, where existing homes or vacant land is less suitable for residential purposes due to its proximity to existing commercial development and changing traffic patterns. The intent of the district is to protect the character of established residential neighborhoods from the type of land uses associated with high levels of noise, illumination, traffic and visual blight that are more common in more intense commercial districts, while encouraging the convenient placement of such commercial uses for the benefit of the residents in locations compatible with the type and impact of the use.

(Ord. No. 2797, § 1(8.209), 10-12-2010)

The city has established a CRT Commercial-Residential Transition Overlay District in all areas of the city adjacent to the boundary between a C-1, C-2 or C-3 zone and an R-1, R-2 or R-3 residential zone, extending 300 feet into the commercial zone, measured perpendicularly from the district boundary line. The regulations applicable to property within the CRT shall be those of the underlying zoning district, in addition to the overlay district regulations set forth in this division. In the event of conflict, the stricter requirement shall control.

(Ord. No. 2797, § 1(8.209-1), 10-12-2010)

To ensure the satisfactory and proper development of the CRT Commercial-Residential Transition Overlay District, all new uses or changes in use shall be reviewed.

(1)

Land development plans shall be required for all commercial use applications to be developed under the CRT district guidelines.

(2)

Land development plans must include the following information in at least preliminary form: the overall development scheme, including location, proposed site layout, existing zoning, parking facilities, all adjacent highways and street and alleys with traffic flow patterns; a list of the kind of establishments to be located on the site and their floor areas; architectural sketches; landscaping plans; lighting plans; and engineering plans showing proposed methods of water runoff control with a stormwater management plan, an erosion and sedimentation control plan and architectural elevations of the structure, including the design of the exterior wall surfaces and the type of materials to be used. The land development plan must include a current survey for the property.

(Ord. No. 2797, § 1(8.209-2), 10-12-2010)

The following uses are permitted in a CRT overlay district:

(1)

Single-family dwelling.

(2)

Multiple-family dwellings not exceeding four units.

(3)

Accessory use buildings and structures.

(4)

Essential services, facilities and institutions (not service yards or offices).

(5)

Home occupation.

(6)

Municipal buildings.

(7)

Public parks and playgrounds.

(8)

Commercial/office/services uses (per Table 50-452).

Table 50-452. Permitted Uses

(Ord. No. 2797, § 1(8.209-3), 10-12-2010)

The following dimensions, unless specified otherwise, are the minimum requirement for the approval of uses within the CRT overlay district.

(1)

Front yard depth minimum: 25 feet minimum. If both adjacent uses have a front yard more than 25 feet deep, the minimum front yard depth is then the greater of the two adjacent yard depths.

(2)

Rear yard depth: 30 feet minimum.

(3)

Side yard depth: 15 feet for each side yard.

(4)

Exterior side yard depth: 15 feet. Lots of less than 80 feet frontage width are subject to side yard depth of 20 percent of total lot width (minimum side yard depth is ten feet).

(5)

Principal building coverage: 50 percent maximum:

Principal Building Coverage

(6)

All residential uses shall comply with the standards and criteria which would be applicable for the use in a residential R-1, R-2 or R-3 zone for single, double or high density residential use, as the case may be.

(7)

Applications for approval for commercial uses in the commercial-residential transition overlay district shall follow the procedure for a land development plan. Residential uses shall be as required by this chapter.

(Ord. No. 2797, § 1(8.209-4), 10-12-2010)

(a)

A landscaped periphery shall be provided and maintained for a depth of ten feet along the side and rear property lines, except where natural or physical barriers exist that are determined by the planning and zoning commission to fulfill the landscaping requirement.

(b)

The landscaping shall be composed of plants and trees arranged to form both a low-level and a high-level landscaping arrangement. The high-level screen shall consist of trees planted with specimens of no less than six feet in height for evergreens and 1.5 inch caliper for ornamental trees. The same shall consist of shrubs or hedges planted at an initial height of not less than two feet.

(c)

A landscaped area adjacent to the main buildings shall also be provided for a minimum of ten feet in width from the building. A mixture of grass or ground cover, shrubs and trees of specimen quality shall be located in the landscaped area. Shade trees may be planted up to 20 feet apart, ornamental trees up to ten feet apart and shrubs up to five feet apart. These are minimum standards. Trees and shrubs shall be interspersed, unless otherwise recommended and approved.

(d)

Parking areas must be landscaped in order to relieve the barren appearance which most parking lots possess.

(e)

All areas not covered with impervious surface or buildings shall be landscaped.

(f)

Artificial plants are prohibited to meet the requirements of this section.

(g)

Adequate consideration shall be given to sight distance during review of both plant material and its location.

(h)

Any vegetation relied upon to meet the requirements of this section which dies must be replaced with new stock.

(Ord. No. 2797, § 1(8.209-5), 10-12-2010)

(a)

The regulations dealing with off street parking and loading in section 50-581 are applicable, although, in the event of conflicting provisions, the more strict regulation shall apply. All off-street parking and loading areas shall be screened from abutting property zoned residential or used for residential purposes. Screening of all parking areas shall be accomplished by the placement of adequate earth berms or solid fences, constructed of wood or masonry (plain concrete block, cinder block, chain link are prohibited) and plantings or the provision and maintenance of solid plantings in the form of contiguous trees and shrubs.

(b)

Outside refuse areas shall be screened with solid fences constructed of wood or masonry (concrete or cinder block, chain link are prohibited) at a height sufficient to obstruct sight but not to exceed eight feet in height. Refuse areas may not be located in setback areas.

(c)

Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as concrete or bituminous concrete surface and shall be arranged as to provide for orderly and safe parking and storage of vehicles.

(d)

For other uses that do not fit into one of the categories listed in determination of the appropriate parking space requirements shall be made by the planning and zoning commission.

(e)

Off-site parking spaces may be located on a lot other than that containing the principal use as a conditional use.

(f)

Damaged barriers such as fencing shall be maintained and required as necessary, to meet the requirements of this section.

(Ord. No. 2797, § 1(8.209-6), 10-12-2010)

In addition to the off-street parking space required above, any building erected, converted or enlarged for any nonresidential use shall provide adequate off-street areas for loading or unloading of vehicles. Uses that require pickup and/or delivery service by tractor-trailers shall not schedule pick up and/or delivery service by such vehicles between the hours of 9:00 p.m. and 7:00 a.m.

(Ord. No. 2797, § 1(8.209-7), 10-12-2010)

(a)

Development character. The Commercial-Residential Transition Overlay District adjoins existing residential neighborhoods. The architectural character of projects developed within this corridor for new buildings shall preserve this residential quality and respect the residential scale through the appropriate design and scale of proposed buildings, materials use, landscaping and lighting. A residential character is the goal for developments within this district that will blend with the existing residential neighborhoods and preserve qualities of them. This character will be achieved by using basic guidelines defining height restrictions, materials use, roof treatment, landscaping, site lighting and signage requirements. Those basic guidelines will permit individual flexibility in design and treatment of proposed projects by specifying critical parameters.

(b)

Design guidelines. To ensure that office/commercial projects within the district reflect a desirable image of this district, the following architectural guidelines shall be required for uses in the CRT.

(1)

Materials use. All principal and accessory structures shall be constructed primarily of brick, stone, stucco, fireproof precut stucco or clay tile material and architectural wood siding.

(2)

Glazing. Glazing areas shall not exceed 40 percent of the exterior skin of the structure. Mirrored glazing is not permitted within the district; solar absorption/reflective glazing is an acceptable material.

(3)

Screening. All mechanical equipment shall be screened from public view and constructed of materials consistent with the primary building.

(4)

Accessory structures. All accessory structures shall be constructed using materials consistent with the primary building.

(5)

Pole signs. Pole signs are not permitted.

(Ord. No. 2797, § 1(8.209-8), 10-12-2010)

(a)

Purpose. To allow for the safety and security of a site without disturbance to adjacent property owners or the motoring public, lighting regulations are provided. A lighting plan with fixture type and manufacturer's data shall be provided.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cutoff means the point at which all light rays emitted by a lamp, light source or luminaries are completely eliminated (cut off) at a specific angle above the ground.

Footcandle means a unit of illumination produced on a surface, all points of which are one foot from a uniform source of one candle.

(c)

Standards.

(1)

All parking areas, driveways and loading area entryways and pedestrian paths shall be provided with a light system that shall furnish a minimum of 0.05 footcandle with any part of such areas. Vertical cutoff lighting is preferred, although alternative lighting systems may be proposed that do not cause a spillover of lighting onto traffic on any public right-of-way or onto residential property of more than 0.02 footcandle.

(2)

Mounting heights of lighting fixtures may not exceed 16 feet. Where raised islands are used to separate parking stalls, the poles may be placed on the island.

(3)

At the time any exterior lighting is installed or substantially modified and when a site plan approval is sought, an exterior lighting plan shall be submitted with the land development plan in order to determine whether the requirements of this section have been met.

(Ord. No. 2797, § 1(8.209-9), 10-12-2010)

Notwithstanding any other provision of this division, it is unlawful for any person to erect or construct any building or improvement or any part thereof, on a site located in a CRT overlay district unless all the following conditions are met:

(1)

No mechanical venting faces any residential use;

(2)

No mirrored or reflective glass or material is used on the facade of the building, structure or improvement, which faces any residential use;

(3)

No loading dock faces any residential use (except for non-corner lots and lots separated by an alley or other right-of-way);

(4)

No deliveries shall be received and no loading or unloading shall be permitted prior to 7:00 a.m. or later than 9:00 p.m., unless the deliveries loading or unloading operation is conducted entirely within an enclosed structure, or the deliveries, loading or unloading are conducted exclusively from a public right-of-way that is not adjacent to a residential zone;

(5)

All commercial refuse bins shall remain closed at all times;

(6)

The employees, agents, associates or contractors of a business shall not engage in conduct or activity which substantially or unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during non-business hours. The factors which shall be considered in determining which activity described above violates this requirement are:

a.

The volume of noise;

b.

Whether the nature of the noise is usual or unusual;

c.

Whether the nature of the noise is natural or unnatural;

d.

The proximity of the noise to the residential sleeping area;

e.

The time of day or night the noise occurs;

f.

The duration of the noise;

g.

Whether the noise is recurrent, intermittent or constant;

(7)

Public address systems or loudspeakers outside of any building are prohibited;

(8)

The number of employees in any business establishment shall be limited to those necessary for the conduct of the on-site business and no person shall be engaged in the activity of processing, fabricating or repairing goods for delivery or sale at other locations;

(9)

No business within a CRT overlay district shall be open between the hours of 11:00 p.m. and 7:00 a.m., unless specifically approved by the planning and zoning commission;

(10)

Outdoor storage or display of materials or products is prohibited, except for display of ornamental flowers and plants for a garden center;

(11)

Accessory buildings will conform to the side yard set back requirements of the primary structure and may be located within ten feet of the rear lot line;

(12)

Accessory buildings larger than 500 square feet are not permitted;

(13)

Each year, prior to issuing a business license or the renewal of a business license, establishments within the CRT overlay district shall present evidence of compliance with the requirements of this division;

(14)

Based upon the above the zoning officer shall make a determination and take any necessary action for enforcement of these provisions under the authority of this division.

(Ord. No. 2797, § 1(8.209-10), 10-12-2010)

(a)

Application of regulations. These regulations shall apply with regard to all exterior walls in commercial districts, except those which are in the commercial-residential transition zone (CRT) and subject to the standards set forth in section 50-457.

(b)

Minimum exterior building materials.

(1)

One hundred percent of the front exterior wall and 50 percent of the side exterior walls, excluding windows and doors, in commercial districts shall consist of approved materials. In the C-1 and C-2 districts where the building is located on a corner lot, 100 percent of the front exterior wall, 100 percent of the side exterior wall facing a street and 50 percent of the rear exterior wall shall consist of approved materials. Approved materials are:

a.

Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction or similar materials.

1.

Stone material used for masonry construction may consist of granite, sandstone, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.

2.

Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.

3.

Stucco or approved gypsum concrete/plaster materials.

b.

Glass walls. Glass walls shall include glass curtain walls or glass block construction. The term "glass curtain" means an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.

c.

Metal. Used only in incidental role, i.e., trim, architectural features, standing seam metal roofing or other architectural metal siding or roofing as approved by the planning and zoning commission.

d.

Roofing. Roofing materials as approved per development plan.

e.

Other materials. Any other material not specifically excluded provided the planning and zoning commission and board of aldermen approve the material.

(2)

Prohibited materials on all exterior walls. The following materials shall not be used as exterior building materials and shall be prohibited: concrete finish or pre-cast concrete panel (tilt wall) that is not exposed.

(3)

Exposed front and street sidewalk facades, excluding windows, doors or overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited.

(4)

A minimum of 15 percent of the area of each front exterior facade or street sidewall where a building is located on a corner lot, excluding windows, doors or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this section, fascia's or mansards shall not be counted as a projection from the primary plane.

(5)

Roof-mounted equipment, excluding satellite dishes, shall be screened from view 100 percent opacity or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare up to a maximum of 300 feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(6)

All electrical and mechanical equipment in excess of three feet in height, located adjacent to the building and visible from any adjacent applicable public thoroughfare shall be screened from view (100 percent opacity) up to a maximum of 300 feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.

(7)

Mirrored glass with a reflectance greater than 40 percent shall not be permitted on more than 20 percent of the exterior walls of any building.

(8)

Plans for all commercial projects shall include detailed drawings of all enclosures and screening methods, as well as profiles and descriptions of the types of materials being used on all exterior walls.

(Ord. No. 2894, § 1, 7-13-2015; Ord. No. 2924, § 1, 11-28-2016)

When the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified.

(Ord. No. 2429, § 1(8.301), 11-13-2000)

No open space or lot area required for a building or structure shall during its life be occupied by or counted as open space for any other building or structure.

(1)

Open eaves, cornices, windowsills and belt courses may project into any required yard a distance not to exceed one foot. Open porches may project into a front or rear yard a distance not to exceed five feet.

(2)

Where the dedicated street right-of-way is less than 60 feet, the depth of the front yard shall be measured starting at a point 30 feet from the centerline of the street easement.

(3)

No dwelling shall be erected on a lot which does not abut on at least one paved public street for at least 35 feet and have a width of at least 50 feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

(4)

No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this article that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

(5)

Except as provided for in this subsection, corner lots shall be maintained free of sight obstructions formed by grading, landfill, opaque structures, tree foliage or dense vegetation having a height in excess of three feet above the base elevation, defined for this purpose as the lowest point of the crown of the adjacent roadway, creating a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 30 feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection. Exceptions are as follows:

a.

Sign boards, building projections and tree foliage may extend over or be supported above the sight triangle as long as the sight triangle is unobstructed under the entire bottom of the same for a height of at least ten feet above the street crown base elevation.

b.

Support members for structures listed in subsection (5)a of this section as well as private and public utility signs, poles, cables, masts and tree trunks or plant stalks or stems (without foliage) shall not be classified as obstructions unless they are of a quantity or configuration such that they are interpreted as such by the code enforcement officer or the traffic engineer.

c.

Temporary barriers, carnival equipment and similar obstructions may be placed in the sight triangle when approved by the traffic engineer.

(Ord. No. 2429, § 1(8.302), 11-13-2000; Ord. No. 2541, § 1, 6-23-2003)

The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in divisions 2 through 15 of this article.

(1)

In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half-story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(3)

Churches, schools, hospitals, sanitariums and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semi-public structure exceeds the prescribed height limit.

(Ord. No. 2429, § 1(8.303), 11-13-2000)

Animals in any district shall be kept only in accordance with this Code.

(Ord. No. 2429, § 1(8.305), 11-13-2000)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with this Code.

(Ord. No. 2429, § 1(8.306), 11-13-2000)

Mobile home parks shall be constructed in accordance with the requirements for site planning and improvements of this Code and state law and regulations promulgated by the U.S. Department of Housing and Urban Development.

(Ord. No. 2429, § 1(8.307), 11-13-2000)

The definitions set forth in chapter 28 are incorporated herein as if more fully and completely set forth.

(Ord. No. 3114, § 1, 2-26-2024)

Any distance limitations in this division, when referring to distances between marijuana facilities and churches, day cares and elementary or secondary schools, shall be measured in accordance with 19 CSR 30-95.040(4), so long as it remains in effect.

(Ord. No. 3114, § 2, 2-26-2024)

(a)

Marijuana facilities shall be required to be properly licensed and/or certified by the state department of health and senior services as required by 19 CSR 30-95. Each marijuana facility in operation shall obtain a separate license, but multiple licenses may be utilized in a single location. All licenses shall be displayed at all times within 20 feet of the main entrance to the marijuana facility.

(b)

Furthermore, marijuana facilities shall be required to have a city business license as required by chapter 12. Certain activities performed in relation to such facilities may require permits from other agencies not related to the city.

(Ord. No. 3114, § 2, 2-26-2024)

A marijuana dispensary may be located as a permitted use in any local commercial district (C-1), general commercial district (C-2), highway commercial district (C-3), light industrial district (I-1), or general industrial district (I-2), upon satisfactory compliance with the provisions of this section:

(1)

A marijuana dispensary shall have the appropriate state license from the state department of health and senior services, pursuant to 19 CSR 30-95 and any other license or permit required by this Code.

(2)

A marijuana dispensary may be permitted to operate together with another marijuana facility in a single location, provided that the applicant has complied with the requirements of 19 CSR 30-95.040.

(3)

The owner of any marijuana dispensary shall provide the following plans and documentation to the code enforcement official. The code enforcement official and various other city staff members will review. If the property is not zoned C-1, C-2, C-3, I-1 or I-2, then in addition to the submittal of the following plans and documentations, an application to rezone the property will need to be submitted for approval by the planning and zoning commission and board of aldermen:

a.

A site plan for a marijuana dispensary that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the building.

b.

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.

c.

A plan which reasonably shows that the marijuana dispensary is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana dispensary is located.

d.

A security plan for review and approval by the city police department, which reasonably shows that the marijuana dispensary can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the marijuana dispensary at any hour.

e.

A waste disposal plan for any unused product, marijuana byproduct, or hazardous materials used as part of normal operations by a marijuana dispensary in accordance with the state department of health and senior services guidelines.

f.

All signage shall conform to the standards of this Code, as well as the state department of health and senior services guidelines. Signage shall be reviewed and approved under a separate permit process.

(4)

The state-licensed operator of any marijuana dispensary shall provide a copy of their state license, issued by the state department of health and senior services, to the code enforcement official annually to confirm their continuing licensed status with the state. The city may request such documentation at any time.

(Ord. No. 3114, § 2, 2-26-2024)

A marijuana cultivation facility may be located as a permitted use in an agricultural district (A), a light industrial district (I-1), or a general industrial district (I-2) upon satisfactory compliance with the provisions of this section:

(1)

A marijuana cultivation facility shall have the appropriate state license pursuant to 19 CSR 30-95.

(2)

A marijuana cultivation facility may be permitted to operate together with another marijuana facility in a single location, provided that the applicant has complied with the requirements of 19 CSR 30-95.040.

(3)

The owner of any marijuana cultivation facility shall provide the following plans and documentation to the code enforcement official. The code enforcement official and various other city staff members will review. If the property is not zoned A, I-1, or I-2, then in addition to the submittal of the following plans and documentations, an application to rezone the property will need to be submitted for approval by the planning and zoning commission and board of aldermen:

a.

A site plan for the operation that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the marijuana cultivation facility.

b.

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction related to a marijuana cultivation facility.

c.

A plan which reasonably shows that the marijuana cultivation facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana cultivation facility is located.

d.

A security plan for review and approval by the city police department, which reasonably shows that the marijuana cultivation facility can be kept secure from access by unauthorized persons both during and after normal operating hours.

e.

A waste disposal plan for any unused product, marijuana byproduct, or hazardous materials used as part of normal operations by a marijuana cultivation facility in accordance with the state department of health and senior services guidelines.

f.

All signage shall conform to the standards of this Code, as well as the state department of health and senior services. Signage shall be reviewed and approved under a separate permit process.

(4)

The state-licensed operator of any marijuana cultivation facility shall provide a copy of their state license, issued by the state department of health and senior services, to the code enforcement official annually to confirm their continuing licensed status with the state. The city may request such documentation at any time.

(Ord. No. 3114, § 2, 2-26-2024)

A marijuana-infused products manufacturing facility, marijuana testing facility, and marijuana transportation facility may be located as a permitted use in light industrial district (I-1) and general industrial district (I-2) upon satisfactory compliance with the provisions of this section:

(1)

A marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility shall have the appropriate state license pursuant to 19 CSR 30-95.

(2)

A marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility may be permitted to operate together with another marijuana facility in a single location, provided that the applicant has complied with the requirements of 19 CSR 30-95.040.

(3)

The owner of any marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility shall provide the following plans and documentation to the code enforcement official. The code enforcement official and various other city staff members will review. If the property is not zoned I-1 or I-2, then in addition to the submittal of the following plans and documentations, an application to rezone the property will need to be submitted for approval by the planning and zoning commission and board of aldermen:

a.

A site plan for the operation that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the marijuana facility.

b.

All city-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction related to a marijuana facility.

c.

A plan which reasonably shows that the marijuana facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana facility is located.

d.

A security plan for review and approval by the city police department, which reasonably shows that the marijuana facility can be kept secure from access by unauthorized persons both during and after normal operating hours.

e.

A waste disposal plan for any unused product, marijuana byproduct, or hazardous materials used as part of normal operations by a marijuana facility in accordance with the state department of health and senior services guidelines.

f.

All signage shall conform to the standards of this Code, as well as the state department of health and senior services guidelines. Signage shall be reviewed and approved under a separate permit process.

(b)

The state-licensed operator of any marijuana-infused products manufacturing facility, marijuana testing facility, or marijuana transportation facility shall provide a copy of their state license, issued by the state department of health and senior services, to the code enforcement official annually to confirm their continuing licensed status with the state. The city may request such documentation at any time.

(Ord. No. 3114, § 2, 2-26-2024)

All residential marijuana cultivation shall be done in such a way as to prevent odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot upon which the marijuana plants are located. If a person is cultivating in a multiple-tenant building, the person shall not permit odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space of the person cultivating occupies.

(Ord. No. 3114, § 2, 2-26-2024)

An accessory building is a building or structure that is subordinate to the principal building or principal use in terms of area, extent and purpose. It contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served and it is customarily found in association with the subject principal use or building. Any accessory building or structure attached to the principal building shall be made structurally a part of the principal building and shall comply in all respects with the requirements of adopted building codes and regulations applicable to the principal building. Unless otherwise expressly stated, accessory buildings and structures are subject to the same regulations as the principal use or structure on the subject lot.

(Ord. No. 2884, § 2(8.309), 8-11-2014)

Regulations regarding accessory structures shall be as follows:

(1)

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet are not required to obtain a building permit.

(2)

Accessory buildings and structures may be constructed no more than 180 days prior to the commencement of construction of the principal building or principal use served.

(3)

Accessory structures must be located on the same lot as the principal building to which they are accessory.

(4)

Accessory buildings and structures are not permitted in front yards.

(5)

Accessory buildings may not exceed the height of the principal building on the lot.

(6)

Accessory structures and buildings in any R-1 zone may not cover more than 20 percent of the required rear yard. Steel transportation storage containers are not permitted in any residential zone.

(7)

No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement) or over any known utility.

(8)

All accessory buildings and structures shall be considered in the calculation of lot coverage.

(Ord. No. 2884, § 2(8.309.1), 8-11-2014)

Accessory uses are as follows:

(1)

Fences and walls, subject to chapter 10, article III, division 3;

(2)

Garages, carports and off-street parking and loading areas;

(3)

Gardens, greenhouses;

(4)

Gates and guard houses;

(5)

Home occupations;

(6)

Dog kennels, dog houses or other similar enclosure for domestic animals;

(7)

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings recreational and play facilities for residents;

(8)

Storage of recreational equipment such as boats, boat trailers, camping trailers and house trailers, provided that storage shall be limited to private garages, on approved surfaces in side or rear yards of private homes and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks;

(9)

Swimming pools, which must be set back at least ten feet from the side and rear property lines;

(10)

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the zoning administrator to ensure land use compatibility.

(Ord. No. 2884, § 2(8.309.2), 8-11-2014)

Setbacks for accessory structures shall be as follows unless otherwise specified:

(1)

R-1A and R-1B district.

a.

Front yard. With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building. The minimum depth of the front yard should be 25 feet.

Exception: If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings but this regulation shall not require a front yard of greater depth than 40 feet.

b.

Side yard. The side yard setback for interior lots shall be no less than five feet. Accessory structures located in the rear 50 feet of the lot shall have a side yard setback of not less than three feet. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 20 feet in every other case.

c.

Rear yard. Accessory structures shall be no closer to the rear property line than five feet.

(2)

R-1C district.

a.

Front yard. With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building.

b.

Side yard. For unattached buildings of accessory use there shall be a side yard of not less than six feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than five feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

c.

Rear yard. Accessory structures shall be no closer to the rear property line than five feet.

(3)

R-1D district.

a.

Front yard. With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building.

b.

Side yard. For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than 30 feet. For unattached buildings of accessory use there shall be a side yard of not less than ten feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than five feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 35 feet.

c.

Rear yard. Accessory structures shall be no closer to the rear property line than five feet.

(4)

R-1E district.

a.

Front yard. With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building.

b.

Side yard. For unattached buildings of accessory use there shall be a side yard of not less than ten feet; provided, however, that unattached one-story building of accessory use shall not be required to be set back less than ten feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 40 feet.

c.

Rear yard. Accessory structures shall be no closer to the rear property line than five feet.

(5)

R-2, and R-3 districts.

a.

Front yard. With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building. The minimum depth of the front yard shall be 25 feet.

Exception: If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings but this regulation shall not require a front yard of greater depth than 40 feet.

b.

Side yard. The side yard setback for interior lots shall be no less than five feet. Accessory structures located in the rear 50 feet of the lot shall have a side yard setback of not less than three feet. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 20 feet in every other case.

c.

Rear yard. Accessory structures shall be no closer to the rear property line than five feet.

(6)

C-1 zones.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

b.

Side yard. On the side lot adjoining a residential district there shall be a side yard of not less than ten feet. When the rear lot line of a corner lot abuts a dwelling district, the side yard adjacent to the street shall be not less than 15 feet in width. In all other cases no side yard shall be required.

c.

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet.

(7)

C-2 zone.

a.

Front and side yard. There are no specific front or side yard requirements for uses.

b.

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width. In all other cases no rear yard is required.

(8)

C-3 zone.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than 25 feet in depth.

b.

Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width. In all other cases no rear yard is required.

c.

Building yard. Buildings shall be provided with a yard adequate to meet the off-street parking requirements set forth in article III of this chapter.

(9)

I-1 zones.

a.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

b.

Side yard. No building shall be located closer than 25 feet to a side lot line.

c.

Rear yard. No building shall be located closer than 25 feet to the rear lot line.

(10)

I-2 zones.

a.

Front and side yard. There is no specific front or side yard requirements for uses in this district.

b.

Rear yard. Where a building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases no rear yard is required.

(11)

Agriculture zone.

a.

Front yard. All buildings shall be set back from street right-of-way lines to provide a front yard the minimum depth which shall not be less than 25 feet.

b.

Side yard. All buildings shall be set back from lot lines to provide a side yard of not less than ten feet, except for a corner lot, the side yard adjacent to the street shall be not less than 15 feet in width.

c.

Rear yard. There shall be a rear yard for a main building of not less than 20 feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

(Ord. No. 2884, § 2(8.309.3), 8-11-2014)