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Ovid City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 36-139. - Requirements.

The requirements in this article apply to all lands, uses, buildings and structures within each zoning district, except as otherwise established in this article. Owners of nonconforming lots of record should refer to section 36-565 as well. Limited administrative waivers are provided in section 36-73. Variances may be granted by the zoning board of appeals only upon a showing of practical difficulty or unnecessary hardship (see section 36-71).

(Code 1991, § 19-141; Ord. No. 83.4, 2-15-1989; Ord. No. 118, § 4, 3-12-2007)

Sec. 36-162. - Intent.

It is the intent of this division to stabilize, protect and encourage the residential character of the RA-1 Medium Density District and prohibit activities not compatible with a residential neighborhood.

(Code 1991, § 19-151; Ord. No. 83, § 8(intro.), 4-16-1984)

Sec. 36-163. - Scope.

In the RA-1 Medium Density District, no building or land shall be used and no building or structure erected except for one or more of the uses specified in this division, unless otherwise provided for in this chapter.

(Code 1991, § 19-152; Ord. No. 83.4, 2-15-1989)

Sec. 36-164. - Uses permitted by right.

The following uses are permitted by right in RA-1 districts:

(1)

Single-family detached dwellings;

(2)

Duplexes (two-family dwellings);

(3)

Accessory buildings;

(4)

State-licensed residential facilities.

(Code 1991, § 19-153; Ord. No. 83, § 8.01, 4-16-1984)

State Law reference— State-licensed residential facilities, MCL 125.3206; adult foster care licensing act, MCL 400.701 et seq.; child care organizations, MCL 722.111 et seq.

Sec. 36-165. - Permitted accessory uses.

The following uses are permitted accessory uses in RA-1 districts:

(1)

Swimming pools;

(2)

Automobile parking;

(3)

Home occupations.

(Code 1991, § 19-154; Ord. No. 83, § 8.02, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-166. - Uses permitted by special use permit.

The following uses are permitted by special use permit in RA-1 districts:

(1)

Conversion of large houses, pursuant to section 36-496;

(2)

Religious institutions such as churches, convents, parsonages; educational and social institutions such as public or private elementary and secondary schools, pursuant to section 36-499.

(Code 1991, § 19-155; Ord. No. 83, § 8.03, 4-16-1984)

Sec. 36-167. - Site development requirements.

The following minimum and maximum standards shall apply to all uses and structures in the RA-1 district except as modified by article I of this chapter, article VIII of this chapter, or as varied pursuant to article III of this chapter:

(1)

Minimum lot area. No single-family building or structure shall be established on any parcel less than 5,000 square feet in size; no two-family dwelling shall be established on any parcel less than 7,500 square feet.

(2)

Minimum frontage. Each parcel shall have continuous frontage of not less than 50 feet along a public thoroughfare for a single-family dwelling nor less than 75 feet for a duplex.

(3)

Minimum lot dimensions. The minimum width shall not be less than 50 feet; minimum depth shall not be less than 100 feet.

(4)

Yard setback requirements.

a.

Front yard: 25 feet.

b.

Side yards: Ten feet except in the case of a corner lot where the side yard on the street side shall not be less than the setback required on the front yard.

c.

Rear yard: 35 feet.

(5)

Maximum height requirements. No residential structure shall exceed 35 feet from the average finished grade. Accessory buildings shall not exceed 12 feet in height.

(6)

Minimum building floor area. Every single-family dwelling hereafter erected shall have a minimum gross living space per dwelling unit of not less than 900 square feet, exclusive of basements, garages, porches and breezeways. Every two-family dwelling shall have a minimum gross living space per dwelling unit of 750 square feet.

(7)

Maximum lot coverage. 30 percent.

(Code 1991, § 19-156; Ord. No. 83, § 8.04, 4-16-1984)

Sec. 36-188. - Intent.

It is the intent of the RA-2 General Residential District to provide for a diverse residential environment by allowing single-family, two-family and certain multifamily dwellings which meet the requirements of this division. Provisions are also made within this district to provide for grouped housing developments such as subdivisions, apartment complexes and mobile home parks.

(Code 1991, § 19-171; Ord. No. 83, § 9(intro.), 4-16-1984)

Sec. 36-189. - Scope.

In the RA-2 district, no building or land shall be used and no building or structure erected except for one or more of the uses specified in this division, unless otherwise provided for in this chapter.

(Code 1991, § 19-172; Ord. No. 83.4, 2-15-1989)

Sec. 36-190. - Uses permitted by right.

The following uses are permitted by right in RA-2 districts:

(1)

Single-family detached dwellings;

(2)

Two-family dwellings (duplexes);

(3)

Accessory buildings;

(4)

Temporary structures;

(5)

State-licensed residential facilities.

(Code 1991, § 19-173; Ord. No. 83, § 9.01, 4-16-1984; Ord. No. 83.4, 2-15-1989)

State Law reference— State-licensed residential facilities, MCL 125.3206; adult foster care licensing act, MCL 400.701 et seq.; child care organizations, MCL 722.111 et seq.

Sec. 36-191. - Permitted accessory uses.

The following uses are permitted accessory uses in RA-2 districts:

(1)

Swimming pools;

(2)

Automobile parking;

(3)

Pens or enclosures for customary household pets;

(4)

Home occupations.

(Code 1991, § 19-174; Ord. No. 83, § 9.02, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-192. - Uses permitted by special use permit.

The following uses are permitted by special use permit in RA-2 districts:

(1)

Multiple-family dwellings, pursuant to section 36-497;

(2)

Grouped housing, pursuant to section 36-498;

(3)

Mobile home parks, pursuant to section 36-499;

(4)

Religious institutions such as churches, convents, parsonages and other housing for religious personnel, educational and social institutions such as public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly and centers for social activity, pursuant to section 36-499;

(5)

Public buildings and public service installations such as publicly owned and operated buildings, including libraries, telephone exchange buildings, transformer stations and substations, and other public utility buildings and structures;

(6)

Subdivisions, pursuant to section 36-500.

(Code 1991, § 19-175; Ord. No. 83, § 9.03, 4-16-1984)

Sec. 36-193. - Site development requirements.

The following maximum and minimum standards shall apply to all uses and structures in the RA-2 district except as modified by article I of this chapter and article VIII of this chapter, or as varied pursuant to article III of this chapter, zoning board of appeals:

(1)

Minimum lot area. No building or structure shall be established on any parcel less than 12,000 square feet in size.

(2)

Minimum frontage. Each parcel of land shall have continuous frontage of not less than 100 feet along a public thoroughfare.

(3)

Minimum lot dimensions. The minimum lot width shall not be less than 100 feet; minimum lot depth shall not be less than 120 feet.

(4)

Yard and setback requirements.

a.

Front yard: 25 feet.

b.

Side yards: Ten except in the case of a corner lot where the side yard on the street side shall not be less than the setback required for the front yard.

c.

Rear yard: 35 feet.

(5)

Maximum height requirements. No residential structure shall exceed 35 feet from the average finished grade. Residential accessory buildings shall not exceed 14 feet in height.

(6)

Minimum building floor area. Every single-family dwelling hereafter erected shall have a minimum gross living space per dwelling unit of not less than 1,000 square feet, exclusive of basements, garages, porches and breezeways.

(7)

Maximum lot coverage. 30 percent.

(Code 1991, § 19-176; Ord. No. 83, § 9.04, 4-16-1984)

Sec. 36-225. - Intent.

The AG Agriculture District is intended to preserve, enhance and stabilize areas within the city which are presently used predominantly for general farming; and areas which because of their soil characteristics and location should be conserved for agricultural uses.

(Code 1991, § 19-191; Ord. No. 83, § 10(intro.), 4-16-1984)

Sec. 36-226. - Scope.

In the AG district, no building or land shall be used and no building erected except for one or more of the uses specified in this division unless otherwise provided for in this chapter.

(Code 1991, § 19-192; Ord. No. 83, § 10.01, 4-16-1984)

Sec. 36-227. - Uses permitted by right.

The following uses are permitted by right in AG districts:

(1)

Agricultural or horticultural activities on parcels of land of two acres or more, including general and specialized farming and related activities but not limited to:

a.

Raising of grain, grass, seed crops;

b.

Orchards;

c.

Apiculture (beekeeping);

d.

Floriculture;

e.

Raising of tree fruits, nuts and berries;

f.

Raising of ornamental trees, shrubs and nursery stock;

g.

Vegetable raising;

h.

Greenhouses;

(2)

The raising and keeping of cattle, hogs, horses, ponies, sheep, swine and similar livestock or small animals such as rabbits, poultry and goats on parcels of land of five acres or more;

(3)

Accessory buildings.

(Code 1991, § 19-193; Ord. No. 83, § 10.01, 4-16-1984)

Sec. 36-228. - Permitted accessory uses.

The following uses are permitted accessory uses in AG districts: accessory uses or structures, clearly incidental to the operation of an existing farm, including:

(1)

Barns, silos, sheds and similar structures customarily incidental to the permitted principal use.

(2)

Outdoor storage of equipment and materials limited to farm machinery, implements and related material provided that such storage is not in conflict with section 36-118. Storage activities shall be subject to minimum setback requirements.

(3)

One roadside stand for the sale of farm produce, specialty crops such as tree fruits, nuts, berries and the like, or foodstuff made from such produce, providing it is raised on the property.

(Code 1991, § 19-194; Ord. No. 83, § 10.02, 4-16-1984)

Sec. 36-229. - Uses permitted by special use permit.

Uses permitted by special use permit in AG districts are public buildings and community service installations.

(Code 1991, § 19-195; Ord. No. 83, § 10.03, 4-16-1984)

Sec. 36-230. - Site development standards.

The following maximum and minimum standards shall apply to all uses and structures in the AG district except as modified by article I of this chapter and article VIII of this chapter, or as varied pursuant to article III of this chapter:

(1)

Minimum lot area. No building or structure shall be established on any parcel less than one acre in size.

(2)

Minimum frontage. Each parcel of land shall have continuous frontage of not less than 165 feet for one- to two-acre parcels, 225 for parcels larger than two acres along a public thoroughfare.

(3)

Yard and setback requirements.

a.

Front yard: 25 feet.

b.

Side yards: Ten feet except in the case of a corner lot where the side yard on the street side shall not be less than the setback required for the front yard.

c.

Rear yard: 35 feet.

d.

In any case, no permanent or temporary structure housing livestock or for storage of feed or manure shall be located any closer than 100 feet to a lot line.

(4)

Maximum lot coverage. 25 percent.

(5)

Maximum height. No nonfarm structure or dwelling unit shall exceed a height of 35 feet measured from the average finished grade.

(Code 1991, § 19-196; Ord. No. 83, § 10.04, 4-16-1984)

Sec. 36-254. - Intent.

It is the intent of the B-1 Central Business District to provide for office buildings and the great variety of retail stores and related activities which occupy prime retail frontage in the downtown area and serves comparison, convenience and service needs of the entire city as well as surrounding residential and agricultural area beyond the city limits. The district regulations are designed to promote convenient pedestrian shopping and stability of retail development by encouraging a contiguous retail frontage and by prohibiting automotive related, highway service and nonretail areas which tend to break up such continuity.

(Code 1991, § 19-206; Ord. No. 83, § 11(intro.), 4-16-1984)

Sec. 36-255. - Scope.

In the B-1 district, no building or land shall be used and no building or structure erected except for one or more of the uses specified in this division unless otherwise provided for in this chapter. All uses permitted in this district are subject to the requirements and standards of site plan review (article IX of this chapter) prior to initiation of the use or structure.

(Code 1991, § 19-207; Ord. No. 83.4, 2-15-1989)

Sec. 36-256. - Uses permitted by right.

The following uses are permitted by right in B-1 districts:

(1)

Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building including, but not limited to, foods, drugs, liquor, furniture, clothing, dry goods, notions or hardware.

(2)

Personal service establishments which perform services on the premises within a completely enclosed building, such as, but not limited to, repair shops, barbershops and beauty shops, photographic studios and drycleaners.

(3)

Restaurants and taverns where the patrons are served while seated within a building that is not part of a drive-in.

(4)

Theaters when completely enclosed.

(5)

Office establishments which perform services on the premises including but not limited to financial institutions, insurance offices, real estate offices, professional offices for accountants, doctors, lawyers, engineers and governmental offices such as post offices, etc.

(6)

Offices and showrooms of plumbers, electricians, decorators or similar trades in connection with which not more than 25 percent of the floor area of the building or part of the building occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that the ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or displays.

(7)

Hospitals or other facilities for human health care.

(8)

Residential uses when occupying the second or third floors, provided that all requirements of the state construction code are met, and that any new structure created must have adequate on-site parking.

(Code 1991, § 19-208; Ord. No. 83, § 11.01, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-257. - Permitted accessory uses.

The following uses are permitted accessory uses in B-1 districts:

(1)

Signs, pursuant to article VII of this chapter;

(2)

Automobile parking, pursuant to article VI of this chapter.

(Code 1991, § 19-209; Ord. No. 83, § 11.02, 4-16-1984)

Sec. 36-258. - Site development requirements.

The following minimum and maximum standards shall apply to all uses in the B-1 district except as modified by article I of this chapter or as varied pursuant to article III of this chapter:

(1)

Minimum lot area. 2,500 square feet.

(2)

Minimum frontage. None.

(3)

Minimum lot width. None.

(4)

Yard setback requirements.

a.

Front yard: None.

b.

Side yard: None.

c.

Rear yard: None.

(5)

Maximum height requirement. 50 feet.

(6)

Performance standards.

a.

All storage of materials on any land shall be within the confines of the building or part thereof occupied by the establishment.

b.

Material which normally and reasonably discarded from commercial uses of property may be stored outside of an enclosed building for a reasonable time provided that such storage areas are completely screened by an opaque fence of not less than five feet in height.

(Code 1991, § 19-210; Ord. No. 83, § 11.03, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-280. - Intent.

It is the intent of the B-2 General Business District to furnish areas for business activity generally incompatible with pedestrian movement and which are located to service highway and passerby traffic.

(Code 1991, § 19-221; Ord. No. 83, § 12(intro.), 4-16-1984)

Sec. 36-281. - Scope.

In the B-2 district, no building or land shall be used and no building or structure erected except for one or more of the uses specified in this division unless otherwise provided for in this chapter. All uses permitted in this district are subject to the requirements and standards of site plan review (article IX of this chapter) prior to initiation of the use or structure.

(Code 1991, § 19-222; Ord. No. 83.4, 2-15-1989)

Sec. 36-282. - Uses permitted by right.

The following uses are permitted by right in the B-2 district:

(1)

All uses permitted in the B-1 district;

(2)

New and used automobile sales or showrooms including accessory parking and outdoor sales areas;

(3)

Farm implement dealers including accessory parking and outdoor sales areas;

(4)

Bus passenger stations;

(5)

Public utility offices, exchanges, transformer stations, pump stations and service yards;

(6)

Self-service laundry and dry cleaning establishments;

(7)

Bowling alleys;

(8)

Private club or lodge halls;

(9)

Pool or billiard halls;

(10)

Drive-in restaurants;

(11)

Hotels, motels and motor inns.

(12)

Farmers' market.

(Code 1991, § 19-223; Ord. No. 83, § 12.01, 4-16-1984; Ord. No. 119, § 1, 3-12-2007; Ord. No. 134, § 2, 7-10-2017)

Sec. 36-283. - Permitted accessory uses.

The following uses are permitted accessory uses in B-2 districts:

(1)

Signs, pursuant to article VII of this chapter;

(2)

Automobile parking, pursuant to article VI of this chapter.

(Code 1991, § 19-224; Ord. No. 83, § 12.02, 4-16-1984)

Sec. 36-284. - Uses permitted by special use permit.

Uses permitted by special use permit in B-2 districts are gasoline service stations and automotive repair pursuant to section 36-502.

(Code 1991, § 19-225; Ord. No. 83, § 12.03, 4-16-1984)

Sec. 36-285. - Site development requirements.

The following minimum and maximums standards shall apply to all uses in the B-2 district, except as modified by article I of this chapter or as varied pursuant to article III of this chapter:

(1)

Minimum lot size. 10,000 square feet.

(2)

Minimum lot frontage. 100 feet.

(3)

Minimum lot width. 100 feet.

(4)

Yard setback requirements.

a.

Front yard: 25 feet.

b.

Side yard: Ten feet.

c.

Rear yard; 35 feet.

(5)

Maximum height requirement. 35 feet.

(6)

Performance standards.

a.

Storage of materials or goods shall be enclosed entirely within a building or shall be enclosed so as not to be visible to the public from any abutting residential district or public street.

b.

Vehicle ingress and egress points shall not be closer than 60 feet to the intersection of any two public streets or closer than 30 feet to an adjacent driveway.

c.

No major repairs or refinishing shall be done on outside lots intended for display or sales areas.

d.

No lighting shall in any way impair the safe movement of traffic on any street or highway.

e.

There must be sufficient on-site storage to accommodate at least two queued vehicles waiting to park or exit the site without using any portion of the public street right-of-way or in any other way interfering with street traffic.

f.

Screening at least four feet in height shall be erected to prevent headlight glare from shining onto adjacent residential property. No screening shall in any way impair safe vertical or horizontal sight distance for any moving vehicles, or be closer than 30 feet to any street right-of-way line.

(Code 1991, § 19-226; Ord. No. 83, § 12.04, 4-16-1984)

Sec. 36-304. - Intent.

It is the intent of the LI Light Industrial District to provide for a variety of light industrial uses, processing, storage and commercial establishments not engaging primarily in retail sales. Such industrial areas should be free of incompatible uses and designed so as not to harm adjacent conforming uses.

(Code 1991, § 19-251; Ord. No. 83, § 13(intro.), 4-16-1984)

Sec. 36-305. - Uses permitted by right.

The following are uses permitted by right in LI districts when conducted in a permanent fully enclosed building. (Subject to site plan review. See article IX of this chapter):

(1)

Light industrial establishments which perform assembly, fabrication, compounding, manufacture, or treatment of materials, goods and products, including but not limited to:

a.

Jobbing and machine shops;

b.

Fabricated metal products;

c.

Plastic products, forming and molding;

d.

Processing of machine parts;

e.

Monument and art stone production;

f.

Industrial laundry operations;

g.

Wood products processing facility;

h.

Printing and publishing;

(2)

Storage facilities for building materials, sand, gravel, stone, lumber and contractor's equipment;

(3)

Grain and feed elevators, bulk blending plants and/or handling of liquid nitrogen fertilizer and anhydrous ammonia;

(4)

Commercial uses not primarily involved in retail sales as a primary use, including but not limited to:

a.

Building material suppliers, farm implement dealers and repair;

b.

Veterinary hospitals and kennels;

c.

Commercial freestanding towers;

(5)

Planned research or industrial parks.

(Code 1991, § 19-252; Ord. No. 83, § 13.01, 4-16-1984)

Sec. 36-306. - Permitted accessory uses.

Permitted accessory uses in LI districts are accessory uses clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use, such as:

(1)

Incidental offices for management and materials control;

(2)

Restaurant or cafeteria facilities for employees working on the premises.

(Code 1991, § 19-253; Ord. No. 83, § 13.02, 4-16-1984)

Sec. 36-307. - Uses permitted by special use permit.

The following uses are permitted by special use permit in LI districts:

(1)

Automobile salvage and private junkyards, pursuant to section 36-503;

(2)

Slaughterhouse and poultry, meat and food processing plants, pursuant to section 36-504;

(3)

Residential quarters for a caretaker/security personnel, provided it is clearly accessory to the principal use, does not occupy more than 400 square feet of space, and does not violate any setbacks.

(Code 1991, § 19-254; Ord. No. 83, § 13.03, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-308. - Site development requirements.

The following maximum and minimum standards shall apply to all uses in the LI district except as modified by article I of this chapter and article VIII of this chapter, or as varied pursuant to article III of this chapter:

(1)

Minimum lot area. No building, structure or permitted use shall be established on any parcel less than two acres in size.

(2)

Minimum frontage. Each parcel of land shall have continuous frontage of not less than 200 feet along a major or secondary public thoroughfare and meets all applicable county construction and design standards.

(3)

Minimum lot width. The minimum lot width shall be not less than 200 feet.

(4)

Yard and setback requirements.

a.

Front and rear yards: 50 feet.

b.

Side yards: 50 feet, except in the case of a corner lot where the side yard on the street side shall not be less than the setback required for the front yard.

c.

Lots adjacent to railroad right-of-way: When industrial parcels are adjacent to railroad rights-of-way, the side and rear yard requirements will be waived and setbacks can be zero feet from the right-of-way line.

(5)

Maximum lot coverage. 50 percent.

(6)

Maximum height. No structure shall exceed a height of 35 feet measured from the average finished grade.

(Code 1991, § 19-255; Ord. No. 83, § 13.04, 4-16-1984)

Sec. 36-309. - Performance standards.

The following performance standards shall apply to LI districts:

(1)

External areas for storage shall be screened on all sides by an opaque fence of not less than six feet in height.

(2)

When a side or rear lot line abuts or is adjacent to property located within the RA-1 or RA-2 residential districts a berm or buffer yard shall be required in addition to the minimum yard requirements, specific driveways and plantings of which shall be determined through the site plan review process.

(3)

Performance standards for sound, vibration, odor, gasses, glare, heat, light, electromagnetic radiation, smoke, dust, dirt, fly ash, drifted and blown material:

a.

Sound. The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses:

Decibels
(dba)
Adjacent Use Where Measured
55 Residential dwellings Common lot line
65 Commercial Common lot line
70 Industrial and other Common lot line

 

The sound levels shall be measured with a type of audio output meter approved by the United States Bureau of Standards. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

b.

Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of .003 of one inch measured by any lot line of its source.

c.

Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air as to produce a public nuisance or hazard beyond lot lines, is prohibited.

d.

Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.

e.

Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line except during the period of construction of the facilities to be used and occupied.

f.

Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible and shall be so arranged as far as practical to reflect light away from any residential use, and in no case shall more than one footcandle power of light cross a lot line five feet above the ground in a residential district.

g.

Electromagnetic radiation. Applicable rules and regulations of the Federal Communication Commission in regard to propagation of electromagnetic radiation shall be used as standards for this chapter.

h.

Smoke, dust, dirt, fly ash. Any atmospheric discharge requiring a permit from the state department of environmental quality or the federal government shall have the permit as a condition of approval for any use in this district.

i.

Drifted and blown material. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.

j.

Radioactive materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards, as amended from time to time.

k.

Other forms of air pollution. It shall be unlawful to discharge into the atmosphere any substance not covered in subsections (3)c., (3)d. and (3)h. of this section and in excess of standards approved by the state department of environmental quality.

l.

Liquid or solid wastes. It shall be unlawful to discharge at any point any materials in such a way or of such nature or temperature as can contaminate any surface waters, land or aquifers, or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the state department of environmental quality.

m.

Hazardous wastes. Hazardous wastes as defined by the state department of environmental quality shall be disposed of by methods approved by the state department of environmental quality.

(Code 1991, § 19-256; Ord. No. 83, § 13.05, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Sec. 36-337. - Scope and purpose.

The purpose of the QP Quasi-Public District is to:

(1)

Provide notice of areas approved for public or quasi-public use by delineating those areas on the zoning map; and

(2)

Retain and preserve public and quasi-public areas needed for the growth and general welfare of the city as a whole.

(Code 1991, § 19-260; Ord. No. 118, § 5, 3-12-2007)

Sec. 36-338. - Uses permitted by right.

The following uses are permitted as of right in the QP district:

(1)

Federal, state, county, municipal or township organization buildings and facilities, including, but not limited to, offices, administration buildings, libraries, museums, halls, post offices, police stations, fire stations, courts, civic centers, and centers for social activity such as lodges and fraternal organizations.

(2)

State, metropolitan, or municipally owned and operated parks, parkways, open spaces, and accessory facilities.

(3)

Public, parochial, and private schools and educational facilities, including institutions for higher education not operated for profit.

(4)

Churches, houses of worship, convents, cemeteries, parsonages, and other housing for religious personnel.

(5)

Essential service and utility buildings and structures, water reservoirs and tanks, telephone exchanges, transformer stations, substations, and distribution facilities, provided all equipment and appurtenances are with in an enclosed structure or screened from view, except for outdoor equipment, appurtenances, or storage, which are accessory to a permitted or conditional use and screened from view from the public right-of-way.

(Code 1991, § 19-261; Ord. No. 118, § 5, 3-12-2007)

Sec. 36-339. - Uses permitted by special use permit.

The city council may authorize following uses by special use permit in the QP district if the general spirit and purpose of the QP district are maintained and the general standards identified in section 36-463 are satisfied:

(1)

Wireless communication facilities, including towers.

(2)

Utility structures, substations, and distribution facilities where equipment and appurtenances are not within an enclosed structure or screened from view.

(Code 1991, § 19-262; Ord. No. 118, § 5, 3-12-2007)

Sec. 36-340. - Site development requirements.

The following minimum and maximum standards shall apply to all uses and structures in the QP district except as modified by this chapter or special use permit:

(1)

Minimum lot area. No building or structure shall be established on any parcel less than 5,000 square feet.

(2)

Minimum frontage. Each parcel shall have continuous frontage of not less than 50 feet along a public thoroughfare.

(3)

Minimum lot dimensions. The minimum width shall not be less than 50 feet; and the minimum depth shall not be less than 100 feet.

(4)

Yard setback requirements.

a.

Front yard: 25 feet.

b.

Side yards; Ten feet except in the case of a corner lot where the side yard on the street side shall not be less than the setback required on the front yard.

c.

Rear yard: 35 feet.

(5)

Maximum height requirements. No structure shall exceed 35 feet from the average finished grade.

(6)

Maximum lot coverage. 30 percent.

(Code 1991, § 19-263; Ord. No. 118, § 5, 3-12-2007)