Palmer City Zoning Code
Division 6
Agricultural, Residential, Commercial and Industrial Zoning District Regulations
§ 9.03.171 “AG” Agricultural District.
(a)
Purpose.
The “AG” District is established to be used primarily in areas where agricultural uses or open space should be retained, where scattered non-farm growth should be prevented, and as a temporary classification for newly annexed lands until such permanent zoning is established. These lands should be continued to be used for agricultural purposes until needed for urban purposes in conformity with the orderly growth of the city.
(b)
Permitted uses.
The following uses shall be permitted in the “AG” Agricultural District:
(1)
Single-family residence including accessory uses, such as private garages, carports, barns, sheds, swimming pools, tennis courts, gazebos and servant’s quarters associated with the agricultural use.
(2)
Cemetery and mausoleum.
(3)
Farm, ranch, and dairy land.
(4)
Fruit and produce stand with city permit.
(5)
Garden, truck farm, or orchard land.
(6)
Plant, nursery, or greenhouse land.
(7)
Park or playground.
(8)
Private stable.
(9)
Silo.
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainageway.
(Ordinance 999, sec. 12-6-1, adopted 1/18/11)
§ 9.03.172 “R-1” Residential District.
(a)
Purpose.
The “R-1” District is established to allow for larger lots with larger single-family dwelling structures per lot. This district is intended to provide a more rural and estate setting.
(b)
Permitted uses.
The following uses shall be permitted in the “R-1” District:
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard size (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainageway.
(Ordinance 999, sec. 12-6-2, adopted 1/18/11)
§ 9.03.173 “R-2” Residential District.
(a)
Purpose.
This district is one of the preferred single-family housing districts for the city. Unless otherwise specified or requested, all residentially suited areas presently undeveloped should be zoned in this classification. Development in the “R-2” District is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.
(b)
Permitted uses.
The following uses shall be permitted in the “R-1” [“R-2”] District:
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 999, sec. 12-6-3, adopted 1/18/11)
§ 9.03.174 “R-3” Residential District.
(a)
Purpose.
This district allows for smaller and more affordable housing for residents. Development in the “R-3" District is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.
(b)
Permitted uses.
The following uses shall be permitted in the “R-1" [“R-3”] District:
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 999, sec. 12-6-4, adopted 1/18/11)
§ 9.03.175 “R-4” Residential District.
(a)
Purpose.
The “R-4” District is established in order to allow small and more affordable single-family housing within existing and developed neighborhoods which are compatible in use. No new areas should be zoned as an “R-4” District.
(b)
Permitted uses.
The following uses shall be permitted in the “R-1” [“R-4”] District:
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 999, sec. 12-6-5, adopted 1/18/11)
§ 9.03.176 “R-5” Residential District.
(a)
Purpose.
The “R-5” District is established in order to allow small and more affordable single-family housing and HUD-code manufactured homes to be developed pursuant to a specific use permit, with conditions including a required permanent foundation. No new areas should be zoned as an “R-5" District without a specific use permit requiring a permanent HUD-code foundation. It shall also be unlawful to move a HUD-code manufactured home that is older than 7 years, into the corporate limits of the city.
(b)
Permitted uses.
The following uses shall be permitted in the “R-5” District, with a specific use permit.
(1)
Single-family dwelling.
(2)
HUD-code manufactured home not older than 7 years, with a specific use permit.
(3)
Accessory uses, such as private garages, carports, sheds, swimming pools, tennis courts, gazebos and servant’s quarters.
(4)
Park, playground or golf course, but not including miniature golf courses, driving ranges or any forms of commercial amusement.
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 999, sec. 12-6-6, adopted 1/18/11; Ordinance 1078 adopted 3/15/16)
§ 9.03.177 “RD” Two-Family Residential Duplex District.
(a)
Purpose.
The “RD” District is established in order to allow small and more affordable two-family housing within existing and developed neighborhoods which are compatible in use.
(c)
Site plan.
A site plan and legal description of the property to be zoned shall be filed with the application for zoning change.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), as amended, and as reflected in any other applicable regulations herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements see division 11 of this article, as amended.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or adjacent to a major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 1020, sec. 1, adopted 4/17/12)
§ 9.03.178 “MF” Multi-Family Apartment District.
(a)
Purpose.
The “MF” District is established in order to allow apartment housing within existing and developed neighborhoods which are compatible in use.
(c)
Site plan.
A site plan and legal description of the property to be zoned, shall be filed with the application for zoning change.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), as amended, and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article, as amended.
(f)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any single-family residential district when adjacent to any mobile home, multi-family or nonresidential use or district, or major thoroughfare. Such fence, wall or hedge shall not be less than six feet (6') in height nor greater than eight feet (8') in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
Additionally, any parking lot, playground, ball field, tennis court or swimming pool, when adjacent to any nonresidential use or district, shall be suitably screened from view with a fence, wall or hedge of at least three and one-half feet (3-1/2') in height.
(3)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way because it would interfere with the installation or maintenance of any public utility line, service, thoroughfare, or drainage way.
(Ordinance 1020, sec. 3, adopted 4/17/12)
§ 9.03.179 “C-1” Commercial District.
(a)
Purpose.
The “C-1” District is established to include the downtown business area some of which has developed without setback and some without off-street parking and other areas to accommodate the basic shopping needs of residents and to provide retail and office space for merchants and financial, administrative, government and business services. Businesses in this district should be oriented to satisfying the daily and frequent shopping needs or personal services of the citizens.
(b)
Permitted uses.
The following uses shall only be permitted in the “C-1” District:
(1)
Antique shop;
(2)
Appliance store, retail;
(3)
Art supply store and gallery;
(4)
Automobile accessory, supply store and parking lot;
(5)
Bakeries, confectioneries and ice cream shops;
(6)
Bank, savings and loan association and financial institution;
(7)
Barber and beauty shop;
(8)
Bird and pet shop;
(9)
Book and stationery store;
(10)
Business machine sales and service establishment;
(11)
Camera and film shop;
(12)
Carpet and rug store;
(13)
Caterer;
(14)
Church and school;
(15)
College and university;
(16)
Computer sales and service store;
(17)
China and glassware store;
(18)
Drug store or pharmacy;
(19)
Dry goods store;
(20)
Electronics, audio and video store;
(21)
Employment or temporary agency;
(22)
Fire station;
(23)
Feed store;
(24)
Florist shop;
(25)
Furniture store, retail;
(26)
Gift and novelty shop;
(27)
Hardware store;
(28)
Hobby store;
(29)
Interior decorating shop;
(30)
Jewelry shop;
(31)
Library;
(32)
Medical and dental clinic;
(33)
Municipal and governmental buildings;
(34)
Music store, retail;
(35)
Museum;
(36)
Office supply store;
(37)
Optical store, retail only;
(38)
Park, playground and courtyard;
(39)
Pet grooming shop;
(40)
Picture framing shop;
(41)
Print shop;
(42)
Police station;
(43)
Post office;
(44)
Plumbing shop, retail only;
(45)
Professional offices, such as: doctor, dentist, optician, attorney, chiropractor, psychologist, insurance, real estate, architect, engineer and accountant;
(46)
Residential dwelling, above ground floor only;
(47)
Shoe and boot store or repair shop;
(48)
Sporting goods store;
(49)
Studios for dance, music, exercise, drama, photography, art and modeling;
(50)
Tanning salon;
(51)
Telephone exchange, provided no open storage facilities are maintained;
(52)
Ticket agency;
(53)
Travel agency;
(54)
Washateria, self-service.
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
All commercial operations to be enclosed.
All commercial uses, except for off-street parking, off-street loading, display or [of] merchandise for sale to the public, and establishments of the drive-in type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.
(g)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of any commercial use or district when adjacent to any residentially zoned property or major thoroughfare to a height of not less than six feet (6') nor more than eight feet (8') above ground level. When a parking lot or facility is adjacent to any residential use or boundary, then a fence, wall or hedge will be required along the common boundary in order to provide suitable screening. Such fence, wall or hedge must be at least three and one-half feet in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
All storage within one hundred feet (100') of a residential use or district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with a fence, wall or hedge not less than 6 feet nor more than 8 feet in height, provided no storage located within fifty feet (50') of such screening shall exceed the height of such screening.
(3)
Whenever any commercial use is permitted in a residential district or when the rear or side property line of such commercial use or district abuts a residential district or use, or when the refuse and trash collection/storage areas are visible from a public thoroughfare, then the garbage, refuse and trash collection/storage areas shall be enclosed on at least three (3) sides, by a dense screening element to adequately screen such area from view of the surrounding area.
(4)
The board of adjustment may grant a variance from this subsection after public hearing if it is found that such action is still within the general purpose and intent of this article.
(5)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way.
(Ordinance 999, sec. 12-6-9, adopted 1/18/11)
§ 9.03.180 “C-2” Commercial District.
(a)
Purpose.
The “C-2” District is established to accommodate those uses that or [are] of city-wide and regional significance. Within this district are permitted retail, service and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the “C-1” District.
(b)
Permitted uses.
The following uses shall only be permitted in the “C-2” District.
(1)
Arcade;
(2)
Automobile service station;
(3)
Automobile repair shop or garage;
(4)
Automobile sales lot;
(5)
Bakery, retail;
(6)
Blueprinting and photocopy establishment;
(7)
Boat sales and service establishment;
(8)
Bus terminal;
(9)
Cabinet shop;
(10)
Cleaning and dyeing facility;
(11)
Construction equipment sales and service establishment;
(12)
Exterminating office;
(13)
Pant [sic] equipment sales and service establishment;
(14)
Fix-it shop, including bicycle, saw, lawn mower and small appliance;
(15)
Miniature golf course;
(16)
Greenhouse and plant nursery;
(17)
Gymnasium;
(18)
Sanitarium;
(19)
Motel;
(20)
Laundry or dry cleaners;
(21)
Light bottling and distribution plant;
(22)
Linen or uniform supply and diaper service;
(23)
Lumber yard;
(24)
Laboratory for research and development;
(25)
Mini-warehouses;
(26)
Muffler shop;
(27)
Mortuary and funeral home;
(28)
Nursing and convalescent home;
(29)
News printing establishment;
(30)
Paint and body shop;
(31)
Paint store;
(32)
Radio and television broadcasting station or transmitter;
(33)
Rental business for cars, trucks, trailers and equipment;
(34)
Retail sales of utility gooseneck, flatbed, cargo, and enclosed heavy duty trailers. If any building is to be constructed, or if any trailer is to be stored outside a building, a site plan may be required;
(35)
Rummage store;
(36)
Sign shop;
(37)
Secondhand goods store;
(38)
Taxidermist;
(39)
Tire repair shop;
(40)
Theater, excluding drive-in;
(41)
Tool rental store;
(42)
Travel trailer or recreational vehicle park;
(43)
Upholstery shop;
(44)
Water softener sales and service establishment; and
(45)
Other retail sales and service uses which are similar in character to those enumerated above, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any of the following uses:
(A)
Any use permitted only in an Industrial District;
(B)
Manufacturing and processing, other than an accessory use customarily incidental to permitted commercial sales and service uses; or
(C)
Any use which is objectionable, by reason of emission of odor, soot, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
All commercial operations to be enclosed.
All commercial uses, except for off-street parking, off-street loading, display or [of] merchandise for sale to the public, and establishments of the drive-in type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.
(g)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence consisting of earth-toned R-panel fencing only, must be erected, placed, and maintained along a boundary line of any commercial use or district when adjacent to any residentially zoned property or major thoroughfare to a height of not less than six feet (6') nor more than eight feet (8') above ground level. When a parking lot or facility is adjacent to any residential use or boundary, then a fence consisting of earth-toned R-panel fencing only will be required along the common boundary in order to provide suitable screening. Such fence consisting of earth-toned R-panel fencing only must be at least three and one-half feet (3-1/2') in height. However, no fence, consisting of earth-toned R-panel fencing only, on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 9.03.127 of these regulations.
(2)
All storage within one hundred feet (100') of a residential use or district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with a fence, wall or hedge not less than six feet (6') nor more than eight feet (8') in height, provided no storage located within fifty feet (50') of such screening shall exceed the height of such screening.
(3)
Whenever any commercial use is permitted in a residential district or when the rear or side property line of such commercial use or district abuts a residential district or use, or when the refuse and trash collection/storage areas are visible from a public thoroughfare, then the garbage, refuse and trash collection/storage areas shall be enclosed on at least three (3) sides, by a dense screening element to adequately screen such area from view of the surrounding area.
(4)
The board of adjustment may grant a variance from this subsection after public hearing if it is found that such action is still within the general purpose and intent of this article.
(5)
No fence or wall shall be erected or placed in any dedicated easement or right-of-way.
(h)
Travel trailer and recreational parks development regulations.
(1)
Travel trailer or recreational vehicle parks are permitted in C-2 Commercial Zoning Districts as set forth in subsection (b) herein, provided they are erected, constructed, reconstructed, altered, enlarged or developed in accordance with the minimum building standards code, other applicable provisions of the city code and the following regulations. The regulations set forth in this subsection (h) herein shall supersede the development regulations set forth in subsections (d) through (g) herein for the development of travel trailer and recreational vehicle parks.
(2)
Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
(A)
Agent.
Any person authorized by the licensee of a R.V. park to operate or maintain such park under the provisions of this section.
(B)
Building official.
The legally designated inspection authority of the city or his or her authorized representative.
(C)
License.
A written license issued by the building official allowing a person to operate and maintain a R.V. park under the provisions of this section and regulations issued hereunder.
(D)
Licensee.
Any person licensed to operate and maintain an R.V. park under the provisions of this section.
(E)
Permit.
A written permit or certification issued by the building official permitting the construction, alteration and extension of a R.V. park under the provisions of this section and regulations issued hereunder.
(F)
Person.
Any natural individual, firm, trust, partnership, association or corporation.
(G)
Travel trailer or recreational vehicle park or R.V. park.
Any premises on which two or more travel trailers or R.V.s are parked or situated and used for the purpose of supplying to the public a parking space for one or more such travel trailer or R.V.s that are owner-occupied.
(H)
Recreational vehicle or R.V.
A vehicle which is:
(i)
Built on a single chassis,
(ii)
Four hundred square feet or less when measured at the largest horizontal projections,
(iii)
Self-propelled or permanently towable by a light duty truck, and
(iv)
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreations, camping, travel, or seasonal use.
(I)
Space.
A plot of ground within an R.V. park designed for the accommodation of 1 R.V. unit. This term shall also include the terms “R.V. space,” “stand” and “stall.”
(J)
Travel trailer.
A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses. All requirements for R.V.s listed herein shall also apply to travel trailers.
(3)
Area: lot size; max lots per acre, setback requirements and maximum building height.
Requirements regulating the minimum lot size; maximum lots per acre; minimum size of setback requirements; and maximum building height shall be as follows:
Min. Lot Area (Sq. ft.) | 1000 |
Max. Lots per Acre | 20 |
Min. Lot Width (ft) | 22 |
Min Lot Depth (ft.) | 36 |
Setback Requirements | R.V.s shall be separated from each other and other structures by at least 10 feet. Any accessory structure such as attached awnings, carports, extension “slide outs” or individual storage facilities shall for the purpose of this separation requirement, be considered to be part of the R.V. R.V. spaces and accessory buildings shall be a minimum of 25 feet from adjoining property lines |
Max Height (ft) | 35 feet |
(4)
Automobile parking space requirements.
Automobile parking shall be provided in accordance with division 11 of this article.
(5)
Screening requirements.
A solid screening device of no less than 8 feet constructed of wood fencing with galvanized metal posts or masonry shall be erected along the entirety of the common property line of any travel trailer or recreational vehicle park and all adjacent properties and adjacent public roads or roadways. The screening device required herein shall be erected before any use is made of the property as a travel trailer or recreational vehicle park. The use of any screening materials other than those listed herein must be approved by the city council.
(6)
Other development requirements.
(A)
Soil and ground cover.
Exposed ground surfaces in all parts of every R.V. park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that prevents soil erosion and of eliminating dust [sic].
(B)
Drainage.
The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. A competent professional engineer shall verify the adequacy of drainage facilities.
(C)
Open green space.
Each travel trailer or recreational vehicle park shall have a dedicated green space open to the occupants for recreational purposes. Such areas shall be located so as to be free of traffic hazards, easily accessible to all park residents, and centrally located where topography permits.
(D)
Access and streets.
Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets leading to each space. All internal streets and entrances and exits into a travel trailer or recreational vehicle park shall meet the requirements of the City of Palmer Engineering Design Manual adopted by the city.
(E)
Water supply.
(i)
General requirements.
An accessible, adequate, safe and potable supply of water shall be provided in each R.V. park.
(ii)
Source of supply.
(iii)
Water storage facilities.
All water storage reservoirs shall be covered, watertight and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers, so as to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap.
(iv)
Water distribution system.
a.
Pipes to all buildings, water service outlets, and other facilities requiring water shall connect the water supply system of the R.V. park.
b.
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the building official.
c.
The system shall be so designed and maintained as to provide a pressure of not less than 35 pounds per square inch, under normal operating conditions at service buildings and other locations requiring potable water supply.
(v)
Individual water-riser pipes and connections.
Individual water-riser pipes shall extend at least 4 inches above ground elevation. The pipe shall be at least 3/4-quarter inch. The water outlet shall be capped when not in use. Adequate provision shall be made to protect service lines, valves and riser pipes from freezing.
(vi)
Backflow protection.
Shall be in accordance with the currently adopted International Plumbing Code Palmer Code of Ordinances [sic].
(F)
Sewage disposal.
(i)
General requirements.
An adequate and safe sewage system shall be provided in all R.V. parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.
(ii)
Sewer lines.
All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade, which will ensure a minimum velocity of two feet per second when flowing full. All sewer lines shall be constructed of materials approved by the building official, shall be adequately vented, and shall have watertight joints.
(iii)
Individual sewer connections.
a.
If individual sewer connections are provided, they shall consist of at least a 4-inch diameter sewer riser pipe. The sewer riser pipe shall be so located at each space that the sewer connection to the unit drain outlet will approximate a vertical position.
b.
The sewer connection shall have a nominal inside diameter of at least 3 inches, and the slope of any portion thereof shall be at least 1/4-inch per foot. The sewer connection shall consist of 1 pipeline only without any branch fittings. All joints shall be watertight.
c.
All materials used for sewer connections shall be semi-rigid, corrosion-resistant, non-absorbent and durable. The inner surface shall be smooth.
d.
The sewer riser pipe shall be plugged when a R.V. does not occupy the space. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 4 inches above ground elevation.
(G)
Electrical distribution system.
(i)
General requirements.
Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(ii)
Power distribution lines.
a.
Main power lines located above ground shall be suspended at least 18 feet above ground level. There shall be a minimum horizontal distance of 3 feet between overhead wiring and any R.V. service building or other structure.
b.
All direct burial conductors or cable shall be buffed in accordance with the city’s electrical code. Such conductors shall be located not less than 1 foot radial distance from water, sewer, gas or communication lines.
(iii)
Individual electrical connections.
a.
Where individual electrical connections are provided at R.V. spaces, they shall include an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 110 volts AC, 50 amperes.
b.
Outlets (receptacles or pressure connectors) shall be housed in a weatherproof outlet box, and shall be located not more than 25 feet from the over-current protective device in the R.V. A 3-pole, 4-wire grounding type shall be used.
c.
Receptacles, if provided, shall be in accordance with the National Electrical Code as adopted and amended by the city.
d.
Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the R.V. is more than 50 amperes.
e.
The R.V. shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug.
f.
Required grounding.
All exposed non-current carrying metal parts of R.V.s and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for R.V.s or other equipment.
(H)
Garbage/refuse.
(i)
The storage, collection and disposal of refuse in a R.V. park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(ii)
All refuse shall be stored in fly-tight, watertight, rodent proof containers, which shall be centrally located within every R.V. park. Containers shall be provided in a sufficient number and capacity to properly store all refuse.
(iii)
A concrete pad of sufficient size shall be provided for all refuse containers. Such pads shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
(iv)
The licensee or agent shall insure that garbage containers at R.V. spaces are emptied regularly and maintained in a usable, sanitary condition.
(I)
Insect and rodent control.
(J)
Fuel supply and storage.
(i)
Natural gas system (where installed).
a.
Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
b.
Each R.V. space provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
(ii)
Liquefied petroleum gas systems.
Liquefied petroleum gas systems for R.V. units shall be maintained in accordance with applicable city codes governing such systems the regulations of the Texas Railroad Commission pertaining thereto.
(K)
Fire protection.
(i)
R.V. parks shall be kept free of litter, rubbish and other flammable materials.
(ii)
Portable fire extinguishers rated for classes B and C fires shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than ten pounds.
(iii)
Fire hydrants shall be installed, if the R.V. park water supply system is capable to serve the residents of the R.V. park in accordance with the following requirements:
a.
The water supply system shall permit the operation of a minimum of two 1% hose streams.
b.
Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.
(iv)
Fire hydrants shall be located within 500 feet of any service building or other structure in the park, such distance to be measured along the street.
(L)
Service and auxiliary buildings.
(i)
General.
The requirements of this section shall apply to service buildings, recreation buildings and other auxiliary facilities, such as management offices, repair shops and storage area, sanitary and laundry facilities, and commercial uses supplying essential goods or services for exclusive use of R.V. park occupants.
(ii)
Location and maintenance.
All service buildings shall be convenient to the units, which they serve, and shall be maintained in a clean condition.
(iii)
Construction.
All service buildings shall be of permanent construction built in compliance with applicable ordinances of the city.
(iv)
Sanitary facilities.
Must be provided when pickup coaches are allowed, service buildings of permanent construction must contain the following minimum sanitary fixtures:
R.V. Spaces | Toilets | Lavatories | Showers | |||
|---|---|---|---|---|---|---|
Men | Women | Men | Women | Men | Women | |
1-15 | 1 | 1 | 1 | 1 | 1 | 1 |
16-45 | 1 | 2 | 2 | 2 | 1 | 2 |
46-100 | 2 | 3 | 3 | 3 | 2 | 2 |
(v)
Separation and marking of toilet rooms.
Separate men’s and women’s toilet rooms shall be provided and distinctly marked, and isolated by a sound resistant wall. The rooms shall be screened by means of a vestibule or wall to prevent direct view of the interior when the exterior doors are open.
(vi)
Water closets.
Water closets shall be located in separate compartments equipped with self-closing doors.
(vii)
Hot water facilities.
A continuous supply of hot water shall be available in each service building.
(viii)
Shower facilities.
Shower facilities shall be provided for both sexes. The shower stalls shall be of the individual type and screened from view. Dressing compartments that are screened from view shall be provided for women and each equipped with a stool or bench. A shower stall of approximately 3 by 3 feet in area is suggested, with the dressing compartment at the same dimensions for women.
(ix)
Heating facilities.
Service buildings shall be maintained at the temperature required by local authorities. In the absence of such requirements, service buildings shall be maintained at a temperature of at least 70 degrees Fahrenheit during use.
(x)
Window areas and ventilation.
Window areas in service buildings shall be equal to at least 10% of the floor area. Windows shall be located as high as practicable. All rooms of service buildings shall be well ventilated and all exterior openings shall be covered with 16-mesh screen.
(xi)
Lighting.
Service building rooms shall be well lit at all times.
(xii)
Eating places.
Park buildings, including restaurants and dining rooms used for the preparation of food and drink, shall be constructed and operated in accordance with the laws and regulations of this State of Texas, as well as local requirements, applicable to public places offering food and drink for sale to the public.
(xiii)
Auxiliary buildings.
Auxiliary buildings or other buildings not specifically covered in this section shall be constructed in accordance with local requirements.
(xiv)
Sanitary stations.
a.
Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of wastes from all holding tanks in a clean, efficient and convenient manner.
b.
Each sanitary station shall consist of a drainage basin constructed of impervious material, containing a disposal hatch and self-closing cover, and related washing facilities. Such units shall be provided on the basis of 1 for every 100 self-contained units or fractional part thereof.
c.
Sanitary stations shall be located not less than 50 feet from any space. Such facilities shall be screened from other activities by visual barriers such as fences, walls or natural growth.
d.
The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system.
(7)
Permit and license requirements; responsibilities of owners and management.
(A)
Permits.
(i)
Permit required.
It shall be unlawful for any person to construct, alter or extend any R.V. park within the limits of the city unless he or she holds a valid permit issued by the building official in the name of such person for the specific construction, alteration or extension proposed.
(ii)
Application requirements.
All applications for permits shall contain the following:
a.
Name, address, telephone number, and email address of applicant.
b.
Name, address, telephone number, and email address of R.V. park owner, if different from the applicant. If the R.V. park owner is a business entity, the full legal name of the entity, and name, address, telephone number and email address for the entity’s registered agent must be provided.
c.
Location and legal description of the R.V. park.
d.
A site plan of the R.V. park showing the following:
1.
The area and dimensions of the tract of land;
2.
The number and location of all R.V. spaces;
3.
The location and width of roadways and walkways;
4.
The location and specifications of water and sewer lines and riser pipes;
5.
The location and details of lighting and electrical systems;
6.
The location and specifications of all buildings constructed or to be constructed within the R.V. park;
7.
Such other information as municipal reviewing officials may reasonably require.
(iii)
Permit fee.
All applications shall be accompanied by an application fee in the amount provided in the fee schedule in appendix A to this code plus a fee in the amount provided in the fee schedule per R.V. space to be located within the R.V. park.
(iv)
Issuance of permit.
When, upon review of the application, the building official is satisfied that the proposed site plan meets the requirements of this article and other applicable ordinances, a permit shall be issued.
(B)
Licenses.
(i)
License required.
It shall be unlawful for any person to operate any R.V. park within the limits of the city unless he or she holds a valid license issued annually by the building official in the name of such person for the specific park. Each license will expire on December 31 of each year. The applicant shall make all applications for licenses to the building official, who shall issue a license upon compliance with provisions of this article.
(ii)
Application for license; renewal.
a.
Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the payment of the license fee hereinafter provided. Each application shall contain information required by subsection (7)(A)(ii)a. herein.
b.
Applications for renewals of licenses shall be made in writing by the licensee and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
(iii)
Transfer of license.
Every person holding a license shall give notice in writing to the building official within twenty-four hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any park. Such notice shall include the name and address of the person succeeding to the ownership or control of such park. Upon application in writing for transfer of the license, the license shall be transferred if the park is in compliance with all applicable provisions of this article.
(iv)
License fee.
A fee in the amount provided in the fee schedule in appendix A to this code plus a fee in the amount provided in the fee schedule per R.V. space located at the R.V. park shall accompany all original license applications and license transfers.
(v)
Violations; notice; suspension of license.
Whenever, upon inspection of any R.V. park, the building official finds that conditions or practices exist which are in violation of any provision of this article, he or she shall give notice in writing in accordance with subsection (7)(D) below to the licensee. The notice shall state that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license shall be suspended. At the end of such period, the building official shall again inspect such park and, if such conditions or practices have not been corrected, he or she shall suspend the license and give notice in writing of such suspension to the licensee. Upon receipt of notice of such suspension, licensee shall cease operation of such park, except as provided in subsection (7)(D) below.
(C)
Inspection.
(i)
Inspections required.
The building official is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this article.
(ii)
Entry on premises.
The building official shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this section. It shall be the duty of the licensee or his or her agent to give this building official free access to all lots at reasonable times for the purposes of inspection.
(iii)
Inspection of register.
The building official shall have the power to inspect the register containing a record of all residents of the R.V. park.
(iv)
Right of entry.
Wherever necessary to make an inspection to enforce any of the provisions of this code or whenever the building official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any addition [condition] or code violation which makes such building or premises unsafe or dangerous or hazardous the building official or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises be occupied he or she shall first present proper credentials and request entry and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or, if no owner or other person having charge or control of the building or premises can be located, the building official or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
(D)
Notices, hearings, and orders.
(i)
Notice of violation; requirements of notice.
Whenever the building official determines that there are grounds to believe that there has been a violation of any provision of this section, the building official shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:
a.
Be in writing;
b.
Include a statement of the reasons for its issuance;
c.
Allow a reasonable time for the performance of any act it requires;
d.
Be served upon the owner or his or her agent as the case may require; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been sent by registered mail to his or her last known address, or when he or she has been served with such notice by any method authorized or required by the laws of the State of Texas;
e.
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
(ii)
Appeal from notice.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing before the city council on the matter; provided, that such person shall file in the office of the building official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (7)(D)(v) below. Upon receipt of such petition, the building official shall notify the city council of said petition, and the city council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 60 days after the day on which the petition was filed.
(iii)
Hearing, order.
After such hearing, the city council shall make findings as to compliance with the provisions of this article and shall issue an order in writing sustaining, modifying or withdrawing the notice, which, order shall be served as provided in subsection (7)(D)(i)d. above. Upon failure to comply with any order sustaining or modifying a notice, the license of the R.V. park affected by the order shall be revoked.
(iv)
Hearing records; judicial review.
The proceedings at such a hearing, including the findings and decision of the building official, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the city secretary but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this article. Any person aggrieved by the decision of the city council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of Texas.
(v)
Order without notice.
Whenever the building official finds that an emergency exists which requires immediate action to protect the public health, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition with the building official shall be afforded a hearing as soon as possible. The provisions of subsection (7)(D) above shall be applicable to such hearing and the order issued thereafter.
(E)
Responsibilities of the licensee and agent.
(i)
The licensee or his or her agent shall operate the park in compliance with this article and other applicable ordinances and shall provide adequate supervision to maintain the R.V. park, its facilities and equipment in good repair and in a clean and sanitary condition.
(ii)
The licensee or agent shall notify R.V. park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
(iv)
A new register shall be initiated on January 1 of each year, and the old register may thereafter be retired, but shall be retained on the premises for at least three years following its retirement. The licensee or agent shall provide a copy of the register to the city secretary on a quarterly basis after issuance of a license herein, and shall make the register available for inspection at any other reasonable time by any official of the city whose duties may necessitate accessing the information contained therein.
(Ordinance 999, sec. 12-6-10, adopted 1/18/11; Ordinance 1044, sec. 1, adopted 10/17/13; Ordinance 1092 adopted 1/21/17; Ordinance 1188, sec. 2, adopted 1/18/22; Ordinance 1218 adopted 3/21/23)
§ 9.03.181 “I” Industrial District.
(a)
Purpose.
The “I” Industrial District is established to accommodate most industrial and manufacturing uses provided such use is not noxious or offensive by reason of emission [of] odors, soot, dust, noise, fumes or vibrations.
(b)
Permitted uses.
The following uses shall only be permitted in the “I” District:
(1)
Amusement park, circus and carnival - temporary with council approval;
(2)
Animal pound, kennel and hospital;
(3)
Apparel and garment manufacture;
(4)
Appliance manufacture;
(5)
Artificial limb manufacture;
(6)
Automotive repair garage;
(7)
Automobile, truck and van - assembly, manufacture or customizing;
(8)
Boat building manufacture;
(9)
Cabinet shop;
(10)
Candy and cookie manufacture;
(11)
Cartage operations;
(12)
Clothing manufacture;
(13)
Cold storage plant;
(14)
Concrete products casting or batch plant;
(15)
Contractor construction yard;
(16)
Creamery and ice cream plant;
(17)
Drug manufacture;
(18)
Electrical energy substation;
(19)
Electroplating;
(20)
Envelope manufacture;
(21)
Fairground, carnival, or circus - temporary with city council approved permit;
(22)
Flea market;
(23)
Food products storage, processing and canning;
(24)
Foundry;
(25)
Furniture refinishing and manufacture;
(26)
Gas odorizing and gate station;
(27)
Handbag manufacture;
(28)
Heavy bottling and distribution plant;
(29)
Lumber yard;
(30)
Machine shop;
(31)
Machinery manufacture and repair;
(32)
Metal fabrication;
(33)
Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment;
(34)
Metal stamping and extrusion plant;
(35)
Monument works;
(36)
Motor freight terminal;
(37)
Neon sign manufacture;
(38)
News printing operation;
(39)
Optical goods manufacture;
(40)
Paint mixing and manufacture;
(41)
Paint and body shop;
(42)
Paper products manufacture;
(43)
Pharmaceutical products manufacture;
(44)
Photofinishing operation;
(45)
Printing; commercial, publishing and bookbinding;
(46)
Railroad tracks;
(47)
Rental businesses for cars, trucks, trailers and equipment;
(48)
Sheet metal shop;
(49)
Stadium and sports arena;
(50)
Warehouse;
(51)
Water treatment plant, pump station, reservoir and artesian well;
(52)
Welding shop.
(c)
Specific uses permits.
Uses that normally fall into the specific use permit classification are uses that for some unique characteristic of either the use, the location, [or] the rural manner in which the city has developed around a railroad and an interstate freeway, often require conditions not otherwise listed under the basic zoning district in order to warrant a rational basis for a specific location. See division 8 of this article.
(d)
Area, yard, height, lot coverage, building size, and exterior requirements.
Requirements regulating the minimum lot size; minimum yard sizes (front, side and rear); maximum building height; maximum percent of lot coverage; minimum size of buildings; [and] exterior construction requirements of buildings; shall conform with the provisions set out in table 1, “Schedule of District Regulations” (section 9.03.131), and any other applicable regulations as herein provided.
(e)
Automobile parking space requirements.
For automobile parking requirements, see division 11 of this article.
(f)
All commercial operations to be enclosed.
All commercial uses, except for off-street parking, off-street loading, display or [of] merchandise for sale to the public, and establishments of the drive-in type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.
(g)
Screening requirements and encroachment prohibited.
(1)
Except as otherwise provided, a solid fence, wall or hedge must be erected, placed, grown and maintained along a boundary line of an industrial district when adjacent to any residentially zoned property or major thoroughfare to a height of not less than six feet (6') nor more than eight feet (8') above ground level.
(2)
All storage within one hundred feet (100') of a residential use or district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with a fence, wall or hedge not less than six feet (6') nor more than eight feet (8') in height, provided no storage located within fifty feet (50') of such screening shall exceed the height of such screening.
(3)
Whenever any industrial or manufacturing use is permitted in a residential district or when the rear or side property line of such industrial manufacturing use or district abuts a residential district or use or when the refuse and trash collection/storage areas are visible from a public thoroughfare, then the garbage, refuse and trash collection/storage areas shall be enclosed on at least three (3) sides, by a dense screening element to adequately screen such area from view of the surrounding area.
(4)
The board of adjustment may grant a variance from this subsection after public hearing if it is found that such action is still within the general purpose and intent of this article.
(Ordinance 999, sec. 12-6-11, adopted 1/18/11; Ordinance 1044, secs. 2, 3, adopted 10/17/13)