Palmview City Zoning Code
USE DISTRICTS
AND CONDITIONAL USES
§ 156.040 LAND USE DISTRICTS.
(A) The city hereby declares that all properties within its corporate limits shall be assigned to one of the land use zoning districts shown below. If there is ever a condition that a property has multi-zoning categories, then whenever a zoned component is desired to be used and/or developed, that the subject property (properties) shall be legally subdivided first.
(B) The land use zoning districts are as follows:
AO-I | Agricultural Open-Interim |
AO-P | Permanent Open Space District |
C-1 | Office Building |
C-2 | Neighborhood Commercial |
C-3 | General Business |
C-4 | Heavy Commercial |
I-1 | Industrial District |
P | Public Use District |
R-1 | Single-Family Residential |
R-1T | Townhouse Residential |
R-2 | Duplex-Fourplex Residential |
R-3 | Multi-Family Residential |
R-4 | Mobile Home, Recreational Vehicle and Modular Home District |
(Ord. 2016-07, passed 8-9-2016)
§ 156.041 AO-I AGRICULTURAL OPEN-INTERIM.
(A) Purpose. The Agricultural Open-Interim District is designed to promote orderly, timely, economical growth and to recognize current land use conditions such as it being agriculturally used or being undeveloped. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable prior to any desire for development. AO-I is suitable for areas where development is premature because of the lack of utilities, capacity or service.
(B) Permitted uses.
(1) Farming, ranching, related activities and accessory uses including one single-family dwelling, plus any housing for employees working on the premises;
(2) Barns or other structures for the housing of permitted livestock or other animals typically found in an agricultural setting; and
(C) Conditional uses.
(1) A mobile home on an unsubdivided tract of five acres (net) or more;
(2) Home occupations where the owner/tenant must reside therein; (Home occupations must meet the regulations governing such. See § 156.072(A) of this chapter.)
(3) Broadcast towers for radio, television, microwave and/or other telecommunications;
(4) Outdoor commercial recreations;
(5) Extraction activities that must include, but not be limited to, providing details on its proposed extraction activities, its previous extraction locations with contact data to those entities, its extraction dates and times and the like;
(6) Landing strips that may be permitted pending undeveloped properties in its flight patterns (take-off and landing); however, such landing strips may induce the public hearing process to consider its transitioned termination based on changes to actual development in its flight pattern path;
(7) Private facilities for the raising of animals including, but not limited to, dog kennels; such facilities must comply with any separation requirements found in any prevailing or forthcoming animal control regulations established by the local and/or state legislation;
(8) Amusement parks, circus or carnival grounds or (revival) tents or other temporary structures used for temporary purposes;
(9) Facilities for railroads or those utilities holding a franchise under the city;
(10) Plant and landscape nurseries; such may have a temporary period of unpaved off-street parking, but such period should not be longer than one year; after this one-year tenure, off-street parking shall be paved;
(11) Temporary institutional uses;
(12) Cemeteries; such land uses must comply with the prevailing state codes on such land uses. As of this writing, refer to the state’s Banking Code;
(13) Fruit and/or vegetable sales which the majority are grown on the premises. A business permit must be acquired by the proprietor in accordance to this chapter; and
(14) Other uses which, as determined by the Planning Director and, if need be, after consultation with the City Manager, are not contrary to the purposes established for the AO-I District, which may include a veterinary service.
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding specified uses as approved thereby.
(2) Any new use of property that does not meet the required minimum lot size, including lot area requirements, or exceeds the maximum height requirements.
(E) Area requirements.
(1) Minimum lot area for inner or corner lot: 43,560 square feet;
(2) Minimum inner or corner lot frontage to a public or private street: 100 feet;
(3) Minimum lot depth: 200 feet;
(4) Minimum front yard building setback to primary building: 40 feet;
(5) Minimum rear yard building setback: ten feet or off of wider easement;
(6) Minimum width of side yard building setback:
(a) Inner lot: six feet; and
(b) Corner lot: ten feet.
(7) Minimum distance from the public right-of-way (property line) to the entrance of a garage or enclosed carport shall be 18 feet;
(8) Maximum height of structures: 35 feet; however, where a structure may exceed the 35-foot maximum, said structure shall be set back one additional foot for each foot above 35 feet;
(9) Minimum number of off-street parking spaces shall be two for the single-family dwelling; for all other uses, refer to any prevailing off-street parking regulations; and
(10) See § 156.087 of this chapter for any applicable clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.042 AGRICULTURAL OPEN PERMANENT SPACE.
(A) Purpose. The Permanent Open Space District is to be used for the following purposes:
(1) To protect those areas that are unsuitable for development because of physical terrain issues or potential health or safety hazards such as being susceptible to prompt flooding conditions;
(2) To provide a permanent greenbelt or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards; and
(3) To protect and preserve natural habitats of wildlife and/or plant life that are deemed critical by the city.
(B) Permitted uses.
(1) Farming, ranching, related activities and accessory uses including the owner’s single-family dwelling, plus any housing for employees working on the premises; single-family dwellings may be required to provide a flood elevation certificate as a condition of permit approval; and
(C) Conditional uses.
(1) A mobile home on an un-subdivided tract of five acres or more. An elevation certificate may be imposed as a part of the approval process;
(3) Broadcast towers for radio, television, microwave and/or other telecommunication services;
(4) Outdoor commercial recreations;
(5) Extraction activities that must include, but not be limited to, providing details on its proposed extraction activities, its previous extraction locations with contact data to those entities, its extraction dates and times and the like;
(6) Landing strips that may be permitted pending un-developed properties in its flight patterns (take-off and landing); however, such landing strips may induce the public hearing process to consider its transitioned termination based on changes to actual development in its flight pattern path;
(7) Private facilities for the raising of animals including, but not limited to, dog kennels; such facilities must comply with any separation requirements found in any prevailing or forthcoming animal control regulations established by the local and/or state legislation;
(8) Amusement parks, circus or carnival grounds or (revival) tents or other temporary structures used for temporary purposes;
(9) Facilities for railroads or those utilities holding a franchise under the city;
(10) Plant and landscape nurseries; such may have a temporary period of un-paved off-street parking, but such period should not be longer than one year; after this one-year tenure, off-street parking shall be paved;
(11) Temporary institutional uses;
(12) Fruit, vegetable and the like sales which the majority are predominantly grown on the premises. A business permit is required prior to activation of such sales; and
(13) Other uses which, as determined by the city, are not contrary to the purposes established for this district including a veterinary service.
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding specified uses; and
(2) Any new use of property that does not conform with the required area requirements for this use district; or exceeds the maximum height requirement.
(E) Area requirements.
(1) Minimum inner or corner lot area: 43,560 square feet (net);
(2) Minimum inner or corner lot frontage on a public or private street: 100 feet;
(3) Minimum lot depth: 200 feet;
(4) Minimum front building setback to primary home: 40 feet;
(5) Minimum rear building setback: ten feet or off from wider easement;
(6) Minimum width of side yard building setback:
(a) Inner lot: six feet or off from wider easement; and
(b) Corner lot: ten feet or off from wider easement.
(7) Minimum distance from the public right-of-way (property line) to the entrance to a garage or enclosed carport: 18 feet;
(8) Maximum height of structure: 35 feet; however, where a structure exceeds the 35-foot height maximum, it shall be set back one additional foot for each foot over 35 feet; and
(9) Minimum number of paved off-street parking spaces:
(a) One single-family dwelling: two; and
(10) See § 156.087 of this chapter for any further clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.043 R-1 SINGLE-FAMILY RESIDENTIAL.
(A) Purpose. The Single-Family Residential Zoning District is established for the following purposes:
(1) To provide sufficient space in appropriate locations for residential development, and to meet the present and future housing needs of the city, with allowance for a diversity of sites;
(2) To protect residential areas from pollution, environmental hazards and other objectionable influences;
(3) To protect residential areas, as much as possible, from heavy and through non-residential traffic;
(4) To protect residential areas from congestion by managing the density of population in and around them, by providing for off-street parking spaces and by providing open areas for nearby recreation to thus provide a more desirable living environment;
(5) To provide for privacy and access for light and flowing air by managing a structure’s building setbacks from each other as well as regulating a building’s height; and
(6) To promote the most desirable use of land and direction of building development, not in conflict with the city’s forthcoming Comprehensive Plan; to promote the stability of residential development; to protect the character of the R-1 District; to conserve the value of land and buildings; and to protect or enhance the city’s tax base.
(B) Permitted uses.
(1) One single-family dwelling per lot and typical accessory uses;
(2) Signs in accordance to the prevailing sign regulations;
(3) One portable building not more than 3% of the lot’s net square footage used for either storage, hobby or other similar accessory use; and
(4) Temporary sales office for the sale of lots; if a modular structure, it shall have skirting and paved parking.
(C) Conditional uses.
(1) Home occupations; (See § 156.072(A) of this code of ordinances on related home occupation regulations.)
(2) Guest houses or legitimate separate servant quarters; such uses shall not have separate water meters, but shall be linked to the main residential dwelling;
(3) A mobile home on an unsubdivided tract of five acres or more;
(4) Portable buildings larger than 3% of the lot’s net square footage. No second portable building shall be permitted without first obtaining an approved conditional use permit;
(5) Facilities for railroads or those utilities holding a franchise under the city; and
(6) Bed and breakfast facility.
(D) Prohibited uses.
(1) Any new building erected or land used for other than one or more of the preceding specified uses; and
(2) Unless otherwise grandfathered, any use of property that does not conform with the minimum area requirements; or exceeds the maximum height or building density per gross acre.
(E) Area requirements.
(1) Minimum lot area for lots with a functioning sanitary sewer system: internal lot: 6,000 square feet; corner lot: 7,000 square feet; however, if there is no sanitary sewer system, lot sizing shall comply with the county’s minimum lot size; also, in the existing Municipal Utility District where lots have been platted below this threshold, lots may be reduced to assimilate with what has been used before;
(2) Maximum number of single-family dwellings per lot: one;
(3) Minimum lot frontage on a public or private street:
(a) Internal lot: 60 feet; and
(b) Corner lot: 65 feet.
(4) Minimum lot depth: 100 feet;
(5) Minimum front yard building setback: 20 feet;
(6) Minimum rear yard building setback: ten feet or off any wider easement;
(7) Minimum side yard building setback:
(a) Inner lot: six feet or off any wider easement; and
(b) Corner lot: ten feet.
(8) Minimum distance from the public right-of-way (property line) to the entrance to a garage or enclosed carport shall not be less than 18 feet;
(9) Maximum height of structures: 35 feet. Where a structure exceeds 25 feet in height, it shall set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum;
(10) Minimum number of paved off-street parking spaces shall be two; and
(11) See § 156.087 of this chapter for any further clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.044 R-1T TOWNHOUSE RESIDENTIAL.
(A) Purposes. The Townhouse Residential District is established for the following purposes:
(1) To provide adequate space and site diversification for medium density residential development where adequate streets and other community facilities are available for present and future needs;
(2) To protect residential areas against pollution, environmental hazards and other objectionable influences;
(3) To protect residential areas against heavy traffic;
(4) To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open areas for residential recreation for a more desirable living environment;
(5) To provide for privacy and access of light and flowing air, as far as possible, through controls over the spacing and height of buildings from each other and other structures; and
(6) To promote the most desirable use of land and direction of building development not in conflict with the forthcoming city’s Comprehensive Plan; to promote the stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) Any use permitted in R-1 Districts. Structures must meet the requirements of the R-1 District inclusive of area requirements, setbacks, parking and the like;
(2) One townhouse per lot;
(3) One portable building per lot to be not more than 140 square feet used for either storage, hobby or other typical accessory use;
(4) An accessory use customarily related to a principal use authorized in this district; and
(5) Signs permitted under this district in accordance to prevailing sign regulations.
(C) Conditional uses.
(1) Home occupations; (They must comply with home occupation regulations in § 156.072(A) of this code of ordinances.)
(2) Guest houses or separate servant’s quarters where such shall not have separate utility meters, but shall be linked to the primary residential dwelling;
(3) A mobile home on an unsubdivided tract of five acres or more;
(4) Facilities for railroads or those utilities holding a franchise under the city;
(5) Portable buildings larger than 140 square feet. No second portable building shall be permitted without first obtaining a conditional use permit; and
(6) Parking facilities for non-residential uses.
(D) Prohibited uses.
(1) Any new building erected or land used for other than one or more of the preceding specified uses; and
(2) Unless otherwise grandfathered, any use of property that does not meet the required minimum area requirements; or exceeds the maximum height or density per gross acre as required.
(E) Area requirements.
(1) Minimum lot area:
(a) Internal lot: 2,000 square feet; and
(b) Corner lot: 3,000 square feet.
(2) Maximum number of single-family dwelling units per lot: one;
(3) (a) Maximum lot frontage to a public or private street:
1. Inner lot: 20 feet; and
2. Corner lot: 30 feet.
(b) It is noted that typical townhouse developments must have a paved public (or private if so approved) alley for rear access and utility service delivery.
(4) Minimum lot depth: 60 feet;
(5) Minimum front yard building setback: ten feet;
(6) Minimum rear yard setback: zero feet or off any rear utility easement line. In no instance shall a structure or any part thereof encroach over the platted lot line;
(7) (a) Minimum side yard setback:
1. Inner lot: six feet; and
2. Corner lot: ten feet.
(b) Townhouses separated by firewalls meeting the requirements of the prevailing Building Code may build to the property line where such structures abut. In no instance shall a structure of any part thereof encroach over the platted lot line.
(8) Minimum distance from the public right-of-way (property line) to the entrance to a garage or enclosed carport shall be not less than 18 feet;
(9) Maximum height of structures: 35 feet. Where a structure exceeds 25 feet in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum;
(10) Minimum number of off-street parking spaces: two; and
(11) See § 156.087 of this chapter for further clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.045 R-2 DUPLEX-FOURPLEX RESIDENTIAL.
(A) Purposes. The Duplex-Fourplex Residential District is established for the following purposes:
(1) To provide adequate space and site diversification for medium-density residential development where adequate streets and other community facilities are available for present and future needs;
(2) To protect residential areas against pollution, environmental hazards and other objectionable influences;
(3) To protect residential areas against heavy through traffic;
(4) To manage the density of population and protect against congestion by providing for off- street parking spaces and by requiring the provision of open recreational spaces, thus providing for a more desirable living environment;
(5) To provide for privacy and access of light and flowing through air through controls over the spacing and height of buildings and other structures; and
(6) To promote the most desirable use of land and direction of building development not in conflict with the city’s forthcoming Comprehensive Plan; to promote the stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) One single-family dwelling; structures must meet the area requirements of the R-1 District;
(2) One duplex, one triplex or one fourplex per lot where each respective use complies with the minimum area requirements set forth in this chapter;
(3) Signs permitted under the city’s prevailing sign regulations;
(4) One portable building not more than 3% of the lot’s net square footage used for either storage, hobby or some other typical accessory use; and
(5) An accessory use customarily related to a principal use authorized in this district, except guest houses. An accessory use may be permitted in a vacant townhouse lot if the owner’s residence adjoins said vacant lot.
(C) Conditional uses.
(1) A mobile home on an unsubdivided tract of five acres or more;
(2) Home occupations; (Such home occupations must meet the home occupation regulations in § 156.072(A) of this chapter; see emphasis on proposed home occupations in a multi-family setting.)
(3) Guest houses, garage apartments or separate servant quarters where such shall not have separate utility meters, but shall be linked to the meters of the primary residential dwelling;
(4) Facilities for railroads or those utilities holding a franchise under the city;
(5) Portable buildings larger than 3% of the lot’s net square footage. No second portable building shall be permitted without first obtaining a conditional use permit;
(6) Parking for non-residential purposes; such parking may require fence buffering from any adjoining residential use and may require limited security lighting; and
(7) Bed and breakfast facilities.
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any new building erected or land used for other than one or more of the preceding specified uses; and
(2) Any use of property that does not meet the R-2 area requirements; or exceeds the maximum height or density per gross acre as required.
(E) Area requirements.
(1) Single-family dwellings must meet the area requirements of the R-1 District;
(2) Townhouses shall meet the area requirements of the R-1T District;
(3) Minimum lot area:
(a) Internal lot:
1. Single-family and duplex use: 6,000 square feet;
2. Triplex use: 6,700 square feet; and
3. Fourplex use: 7,800 square feet.
(b) Corner lot:
1. Single-family and duplex use: 6,700 square feet;
2. Triplex use: 7,500 square feet; and
3. Fourplex use: 8,200 square feet.
(4) Maximum number of residential structures per lot: one;
(5) Minimum lot frontage on a public or private street:
(a) Internal lot: 50 feet; and
(b) Corner lot: 60 feet.
(6) Minimum lot depth: 100 feet;
(7) Minimum front yard building setback: 20 feet;
(8) Minimum rear yard building setback: ten feet or wider for any easement use;
(9) Minimum side yard building setback:
(a) Internal lot: six feet or wider for easement; and
(b) Corner lot: ten feet.
(10) Minimum distance from the public right-of-way (property line) to the entrance to a garage or enclosed carport shall not be less than 18 feet;
(11) Minimum percentage of permanent open landscaping per lot: 10%;
(12) Maximum height of structures: 35 feet. Where a structure exceeds 25 ft in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum;
(13) Minimum number of un-impeded paved off-street parking spaces:
(a) Single-family dwelling: two;
(b) Duplex use: four;
(c) Triplex use: six; and
(d) Fourplex use: eight.
(14) See § 156.087 of this chapter for further clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.046 R-3 MULTI-FAMILY RESIDENTIAL.
(A) Purposes. The Multi-Family Residential District is established for the following purposes:
(1) To provide adequate space and site diversification for higher-density residential development where adequate streets and other community facilities are available for present and future needs;
(2) To protect residential areas against pollution, environmental hazards and other objectionable influences;
(3) To protect residential areas against heavy traffic;
(4) To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation, thus providing a more desirable living environment;
(5) To provide for privacy and access of light and flowing air, as far as possible, through controls over the spacing and height of buildings and other structures; and
(6) To promote the most desirable use of land and direction of building development not in conflict with the forthcoming comprehensive plan of the city; to promote stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) One single-family dwelling per lot; structures must meet the requirements of the R-1 District;
(2) One duplex-fourplex per lot where such structures must comply with the R-2 area requirements for the structural usage;
(3) Apartments;
(4) Condominiums;
(5) One townhouse per lot; structures must meet the requirements of the R-1T District inclusive of the paved alley requirement;
(6) Parking lots for multi-family residential use;
(7) Common recreational areas including but not limited to gazebos, swimming pools, covered picnic areas and the like;
(8) Signs permitted under this district pursuant to the prevailing sign codes;
(9) An accessory use customarily related to a principal use authorized in this district, except guesthouses; and
(10) Temporary sales office for the sale of lots where paved parking shall also be required as part of the city’s flexibility to allow such non-residential use.
(C) Conditional uses.
(1) Home occupations where such must comply with the home occupation regulations in § 156.072(A) of this chapter; see emphasis on proposed home occupations in a multi-family setting;
(2) Guesthouses, but there shall be no separate utility metering thus it shall be linked to the primary residential dwelling;
(3) A mobile home on an unsubdivided tract of five acres or more;
(4) Boardinghouses;
(5) Facilities for railroads or those utilities holding a franchise under the city;
(6) Parking facilities for non-residential uses; and
(7) Bed and breakfast facility.
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any building or land used for other than one or more of the preceding specified uses;
(2) On and off-premises signs, portable signs, animated or illuminated signs; and
(3) Any use of property that does not meet the required minimum R-3 area requirements; or exceeds the maximum height or density per gross acre as required.
(E) Area requirements.
(1) Single-family dwelling units shall meet the requirements of the R-1 District. Only one single-family residential structure will be allowed per lot;
(2) Townhouses shall meet the requirements of the R-1T District. Only one townhouse will be allowed per lot;
(3) Minimum lot area:
(a) Internal lot: 7,000 square feet; and
(b) Corner lot: 8,000 square feet.
(4) (a) Maximum number of dwelling units per lot:
1. Zero-bedroom or efficiency dwelling units: 1,000 square of lot area per unit;
2. One bedroom dwelling units: 1,250 square feet of lot area per unit;
3. Two-bedroom dwelling units: 1,500 square feet of lot area per unit; and
4. Three+ bedroom dwelling units: 1,750 square feet of lot area per unit.
(b) To determine the permitted number of dwelling units in the R-3 District, divide the area of the parcel in question by the minimum lot area per dwelling unit. The resulting quotient is the maximum number of dwelling units permitted.
(5) Maximum density per acre:
(a) Zero-bedroom or efficiency dwelling units: 43 dwelling units per net acre;
(b) One-bedroom dwelling units: 34 dwelling units per net acre;
(c) Two-bedroom dwelling units: 29 dwelling units per net acre; and
(d) Three+ dwelling units: 24 dwelling units per net acre.
(6) Minimum lot frontage on a public or private street:
(a) Internal lot: 70 feet; and
(b) Corner lot: 80 feet.
(7) Minimum lot depth: 100 feet;
(8) Minimum front yard building setback: 30 feet;
(9) Minimum rear yard building setback: 15 feet or off a wider easement; for unenclosed carport canopies, the support column may have a five-foot rear setback if there is no conflicting easement;
(10) Minimum side yard building setback:
(a) Internal lot: six feet; and
(b) Corner lot: 15 feet.
(11) Minimum distance from the public right-of-way (property line) to the entrance to a garage or enclosed carport;
(12) Maximum building coverage as a percentage of lot area: 50%;
(13) Minimum amount of permanent landscaped open space 10%;
(14) Maximum height of structures: 25 feet; where a structure exceeds the 25-foot height maximum, it shall be set back one additional foot for every two feet above 25 feet;
(16) See § 156.087 of this chapter for further clarification, modification and/or exception.
(F) Required conditions.
(1) Any owner, builder or developer of a multi-family, condominium or townhouse dwelling complex of five units or more on a single lot or parcel, of five or more single-family townhouses attached units, shall submit to the Planning and Zoning Commission for a review and approval of the detailed site plan inclusive of the required filing fee. The contents of the site plan shall include, but not be limited to, the location of all structures and their distance to property lines, landscaping reflecting the percentage and type of shade trees (note: palm trees are not shade trees), ingress-egress, height of structures, common areas (if any) and width and location of all sidewalks, plus any buffering (type/material/height) to adjoining properties or for the solid waste areas.
(2) The Planning and Zoning Commission shall approve the site plan, with conditions if necessary, if it complies with all the minimum standards established in this chapter and other applicable ordinances, and if the Commission finds that the proposed development will not be detrimental to the health, safety or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. If the site plan does not meet the forthcoming Comprehensive Plan or not be compliant to all R-3 standards, then it shall be denied until the applicant modifies it and re-files it for reconsideration.
(3) The site plan, if complete in details, shall be reviewed by the Planning Director and other city officials for compliance, and shall be scheduled for consideration by the Planning and Zoning Commission as soon as practical based on the Commission’s regular meeting policies.
(4) Any appeals of the decision of the Planning and Zoning Commission shall be in accordance to § 156.155 of this chapter. Appeals shall not be considered unless the incidental filing fee shall be paid in full.
(Ord. 2016-07, passed 8-9-2016)
§ 156.047 R-4 MOBILE HOME DISTRICT.
(A) Purposes. The Mobile Home District is established for the following purposes:
(1) To provide adequate space and site diversification for moderate-density residential development where adequate streets and other community facilities are available for present and future needs;
(2) To protect residential areas against pollution, environmental hazards and other objectionable influences;
(3) To provide adequate provisions for vehicular and pedestrian circulation;
(4) To promote housing densities appropriate to and compatible with existing and proposed public support facilities; and
(5) To promote the most desirable use of land and direction of building development; to promote stability of development; to protect the character of the district; to conserve the value of land; and to protect the city’s tax base.
(B) Permitted uses.
(1) One mobile home per lot or one recreational vehicle per lot or one park model per lot used as the primary residential unit. If a recreational vehicle or park model is desired per lot, the lot shall meet the minimum area requirements for mobile home use inclusive of a mobile home’s building setbacks;
(2) Accessory buildings;
(3) Recreational and commercial facilities designed for semi-exclusive use of the subdivision’s occupants;
(4) One portable building per lot to not be over 140 square feet used for either storage, hobby or other similar use;
(5) Temporary sales office for the sale of lots; off-street parking shall be paved and appear residential; and
(C) Conditional uses.
(1) Home occupations; such home occupations shall meet the typical regulations found in § 156.072(A) of this chapter;
(2) Facilities for railroads or those utilities holding a franchise under the city; and
(3) Portable buildings larger than 140 square feet.
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding specified uses;
(2) No more than one mobile home, recreational vehicle or park model shall occupy any approved lot as an active residential unit;
(3) Off-premises signs; and
(4) Any use of property that does not meet the required minimum area requirements of this district or exceeds the maximum height or density per gross acre as required.
(E) Area requirements.
(1) Minimum size of tract for development shall be five acres; if less than five acres, such appeal shall first be presented for consideration to the Planning and Zoning Commission for an advisory recommendation to the City Council for final consideration;
(2) Minimum lot area for mobile homes, recreational vehicles, park models or other modular housing structures:
(a) Inner lot: 5,000 square feet; and
(b) Corner lot: 6,000 square feet.
(3) Minimum lot frontage to a public or private street:
(a) Inner lot: 50 feet; and
(b) Corner lot: 60 feet.
(4) Minimum lot depth: 100 feet;
(5) Minimum depth of front setback: 15 feet (to not include the steel hitching structure typically attached to mobile homes);
(6) Minimum depth of rear setback: ten feet;
(7) Minimum width of side setbacks:
(a) Inner lot: six feet; and
(b) Corner lot: ten feet.
(8) Minimum distance from the public right-of-way or property line to the entrance to a garage or enclosed carport is 18 feet;
(9) Maximum height of structures: 25 feet;
(10) Minimum number of paved off-street parking spaces shall be two. For other uses associated with a common recreational hall, refer to the prevailing off-street parking regulations;
(11) The maximum square footage of site-built additions to the primary residential unit shall not exceed 600 square feet; and
(12) See § 156.087 of this chapter for further clarification, modification and/or exception.
(Ord. 2016-07, passed 8-9-2016)
§ 156.048 C-1 OFFICE BUILDING DISTRICT.
(A) Purposes. The Office Building District is established for the following purposes:
(1) To accommodate office uses, office sales uses and certain personal services;
(2) To create a district that will typically not create excessive amounts of traffic;
(3) To create a district with commercial uses of a nature that will not have a blighting effect on any adjacent residential areas;
(4) To protect against fire, pollution and other environmental hazards;
(5) To protect, as far as possible, against congestion;
(6) To promote the most desirable use of land and direction of building development in accordance with the city’s forthcoming Comprehensive Plan; and
(7) To promote stability of office building developments; to protect the character of the district and adjacent districts; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) Office buildings for professional occupations including executive, administrative, legal, accounting, clerical, drafting, engineering, legal, photography and/or real estate or other similar uses;
(2) Medical office, clinics or other similar uses (not “hospitals”) where all activities are conducted within a totally enclosed building;
(3) Accessory drive-in service windows where the city may assess egress-ingress and impose safety features such as speed bumps to maximize pedestrian-driver safety; and
(4) On-premises signs pursuant to prevailing sign regulations.
(C) Conditional uses.
(1) Banks, credit unions and other service loan businesses;
(2) Telephone, radio, television and/or other telecommunication towers;
(3) Hair salon services;
(5) Antique shop;
(6) Pharmacy where its primary use is pharmaceutical services and not retail sales of non- medical items; and
(7) Day-care services (minor or adult services).
(D) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used other than one or more of the preceding specified uses;
(2) Off-premises signs; and
(3) Any use of property that does not meet the required minimum area requirements or exceeds the maximum height or density per gross acre.
(E) Area requirements. Area requirements for this district shall comply with § 156.086 of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.049 C-2 NEIGHBORHOOD COMMERCIAL DISTRICT.
(A) Purposes. The Neighborhood Commercial District is established for the following purposes:
(1) To provide sufficient space and paved off-street parking in appropriate locations in proximity to residential areas; for commercial development catering to the convenience shopping and service needs of said residential areas;
(2) To provide appropriate space for unimpeded paved off-street parking to control congestion, and to encourage commercial development to concentrate to the mutual advantage of both consumers and merchants;
(3) To protect local commercial development against fire, pollution and/or other environmental hazards; and
(4) To promote stability of office building developments; to protect the character of the district and adjacent districts; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) Generally recognized retail businesses which supply commodities on the premises for persons residing in nearby residential areas, such as groceries, meats, dairy products, cooked goods (tacos) or other similar goods/uses;
(2) Personal service establishments which perform services on the premises such as repair shops (watches, televisions, shoes and the like), tailor shops, beauty shops or barber shops, photographic studios and self-service laundries; but not including automotive repair services;
(3) Dry cleaning business;
(4) Personal services including outpatient medical clinics, offices of doctors, dentists, osteopaths and similar professions;
(5) An accessory use customarily related to a principal use authorized in this district;
(7) Day care services (minors or adults).
(C) Conditional uses.
(1) Gasoline service stations or retail outlets where gasoline products are sold; (See division (D) below.)
(2) Drive-through service window businesses;
(3) Business establishments which perform services on the premises such as banks, loan companies, insurance and/or real estate offices. A pawn service is not permitted in this district;
(4) Accessory structures and uses customarily incidental to the aforementioned uses;
(5) Portable buildings;
(6) Household storage goods in rented/leased individual storage units;
(7) Telephone, radio, television and/or other telecommunication towers;
(9) Limousine rental services.
(D) Required conditions.
(1) All businesses shall be conducted within a completely enclosed building excluding drive-in service windows or gasoline service islands.
(2) Gasoline services are limited in their activity to the sale of gasoline, oil and minor accessories only, and incidental services. Repair work, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glasswork and such other services are not permitted in this district.
(3) The curb cut, ingress or egress, shall be assessed for traffic safety during the conditional use process or building permit process, but shall never be less than 25 feet from any street intersection (measured from right-of-way boundaries).
(4) A minimum front building setback of 60 feet shall be maintained for any gas service sale outlet unless otherwise approved by the Planning and Zoning Commission and City Council. Gas pumps and their support (unenclosed) canopy roof covers may be permitted within the front setback.
(5) Unless otherwise approved by the Planning and Zoning Commission and the City Council, the minimum lot size for businesses where gasoline sales are available shall be 15,000 square feet. However, if there is a business that exclusively offers gasoline sales (with minor motor vehicle products such as oil and the like), then lots may be permitted to be less than the 15,000 square foot threshold subject to the conditional use permit process.
(E) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding specified uses;
(2) Off-premises signs; and
(3) Any use of property that does not meet the minimum required area requirements or exceeds the maximum height requirement or density per gross acre.
(F) Area requirements. Area requirements for this district shall meet the area requirements of § 156.086 of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.050 C-3 GENERAL BUSINESS DISTRICT.
(A) Purposes. The General Business District is established for the following purposes:
(1) To provide sufficient space, in appropriate locations with a variety of site choices, for development requiring a higher density of commercial establishments, general characterized by an integrated or planned cluster of establishments served by a common parking area and/or generating large volumes of vehicular and pedestrian traffic;
(2) To protect against fire, pollution and other environmental hazards;
(3) To protect, as far as possible, commercial centers against congestion;
(4) To promote the most desirable use of land and direction of building development in accord with the city’s forthcoming Comprehensive Plan; and
(5) To promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district and its uses; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) All uses listed as permitted uses in the C-1 and C-2 Districts where said uses must meet the minimum requirements of their use district;
(2) Any retail business, personal service or similar businesses except for lumberyards, contractor yards, farm equipment or other heavy equipment sales or service, and/or warehousing and stockyards. Household goods stored in individually rented storage units is permitted in this district;
(3) Hotel, motel and restaurants;
(4) Institutional uses;
(5) Printing, publishing and similar uses;
(6) Rail and motor vehicle transportation passenger terminals;
(7) Telephone, television, radio or similar media stations/studios, but any incidental tower(s) must first receive conditional use permit approval;
(9) Automotive repair and/or paint and body shops; provided that, all work is conducted wholly within a completely enclosed and well ventilated building. The portion of land used for open storage of vehicles or automotive parts shall be totally obscured by a fence buffer that results in total obscurity; and
(10) An accessory use customarily related to a principal use authorized in this district including temporary tents for sidewalk sales and the like.
(C) Conditional uses.
(1) Gasoline service stations or retail outlets where gasoline service products are sold;
(2) Drive-through service windows;
(3) Restaurants that serve alcoholic beverages for on-premises consumption. Also, bars, cocktail lounges, taverns, cantinas, saloons, dance halls, nightclubs or other similar operations;
(4) Amusement parks, circus or carnival grounds, commercial amusements or other similar uses;
(5) Portable buildings;
(6) Telephone, radio, television and/or other telecommunication tower;
(8) Crematorium when in association with a funeral home establishment; such must meet any prevailing local and/or state building regulations; and
(9) The complimentary (not sold) offering of alcoholic beverages for on-site consumption may be permitted within a city-owned building for a social and/or cultural event that is associated with a charitable or civic organization.
(D) Required conditions. Gasoline service stations or retail outlets where gasoline products are sole, drive-in businesses and veterinary hospitals shall be subject to the same limitations as set forth in the applicable divisions of § 156.049 of this chapter.
(E) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding uses; and
(2) Any use of property that does not meet the required minimum area requirements; or exceeds the maximum height, or density per gross acre.
(Ord. 2016-07, passed 8-9-2016)
§ 156.051 C-4 HEAVY COMMERCIAL DISTRICT.
(A) Purposes. The heavy commercial district is established for the following purposes:
(1) To provide sufficient space for development of commercial establishments which would involve influences that would be objectionable in the C-3 District due to noise from heavy service operations, large volume of truck traffic or some similar objection;
(2) To protect against fire and pollution, and other environmental hazards;
(3) To protect, as far as possible, against congestion;
(4) To promote the most desirable uses of land and the direction of building development in accord with the city’s forthcoming Comprehensive Plan; and
(5) To promote stability of commercial development; to strengthen the economic base of the city; and to protect the city’s tax base.
(B) Permitted uses.
(1) All uses listed as permitted uses in the C-3, C-2 and C-1 Districts; however, said uses must meet the applicable requirements of that respective zoning district;
(2) Drive-through service windows;
(3) Gasoline service stations, automotive and other repair services or retail outlets where gasoline products are sold;
(4) Lumberyards or contractor yards, general warehousing and storage, farm equipment or other heavy equipment sales and service, farm products, warehousing and storage;
(5) Motor vehicle transportation freight terminals;
(6) Those uses of a commercial, retail or wholesale nature requiring large outdoor loading areas, generating heavy truck or rail traffic and requiring access to major transportation channels and/or creating influences not acceptable in the C-3 District;
(8) Accessory structures and uses customarily incident to the above permitted uses;
(9) Portable buildings; and
(10) Other uses of a similar character.
(C) Conditional uses.
(1) Amusement parks, circus or carnival grounds, commercial amusement or recreational developments, or tents or other temporary structures used for temporary purposes;
(2) Facilities for railroads or those utilities holding a franchise under the city;
(3) Restaurants that serve alcoholic beverages for on-site consumption and in accordance with related adopted policies. Also, bars, cocktail lounges, taverns, cantinas, saloons, dance halls, nightclubs or other similar businesses;
(4) A residence for a night watchman’s or caretaker employed on the premises;
(5) Telephone, radio, television and/or other telecommunication tower; and
(D) Required conditions. Gasoline service stations or retail outlets where gasoline products are sold, drive-through service businesses and veterinary hospitals shall be subject to the same limitations as set forth in § 156.049 of this chapter.
(E) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding specified uses; and
(2) Any use of property that does not meet the required area dimensions or exceeds the maximum height or density per gross acre.
(F) Area requirements. All uses in this district shall meet the area requirements of § 156.086 of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.052 I-1 INDUSTRIAL DISTRICT.
(A) Purposes. The industrial district is established for the following purposes:
(1) To accommodate wholesale and warehouse activities and industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts;
(2) To permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material as long as such use has no adverse external effects such as noise or odor which extend beyond the property line of the site;
(3) To protect against fire and explosions, pollution and other environmental hazards;
(4) To protect, as far as possible, against congestion;
(5) To promote the most desirable use of land and direction, of building development in accord with the forthcoming Comprehensive Plan of the city; and
(6) To promote stability of industrial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city’s tax base.
(B) Permitted uses.
(1) Any of the following uses when the manufacturing, compounding or processing of previously prepared materials are conducted wholly within a completely enclosed building. The portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be total obscured by a buffer on those sides abutting R-1 through R-4 Districts, and C-1 and C-2 Districts. The manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware, cutlery or other similar products; or bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal and yarns; clay, toys, small rubber products; electrical appliances and/or equipment; manufacture and repair of electric or neon signs, sheet metal products including heating and ventilating equipment; and all public utilities, including buildings, necessary structures, storage yards and other related uses;
(2) Accessory structures and uses customarily incidental to the above permitted uses, including portable buildings; and
(3) Other uses of a similar and no more objectionable character to those principal uses permitted subject to any and all provisions of ordinances relating to the use of property within the city.
(C) Conditional uses.
(1) The residence of a watchman or caretaker employed on the premises;
(2) Amusement parks, circus or carnival grounds, commercial, amusement or recreation developments or tents or other temporary structures used for temporary purposes;
(3) Facilities for railroads or those utilities holding a franchise under the city; and
(D) Required conditions. gasoline service stations or retail outlets where gasoline products are sold, drive-through businesses and veterinary hospitals shall be subject to the same limitations as set forth in § 156.049 of this chapter.
(E) Prohibited uses.
(1) Unless otherwise grandfathered, any building erected or land used for other than one or more of the preceding uses;
(2) Any use of property that does not meet the area requirements of this district; exceeds the maximum height requirements or density per gross acre; and
(3) Those uses which, in the opinion of the Planning and Zoning Commission and the City Council, would be detrimental to the health, safety or general welfare of the citizens of the city or to adjacent developments.
(F) Requirements. All uses in this district shall meet the area requirements of § 156.087 of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.053 PUBLIC ZONING DISTRICT.
(A) Purpose. The Public Zoning District is established for the following purposes:
(1) To accommodate the development of property for public and/or institutional purposes where such development will be done in an orderly manner that would promote the public’s health, safety and general welfare;
(2) To establish a district that will not create excessive amounts of continuous traffic patterns spilling over onto residential areas, and where such uses may be located on street(s) that are suitable to accommodate heavy traffic that may be incidental to its use;
(3) To create a district that will not have a permanent detrimental effect on adjoining or nearby residential areas; and
(4) To promote the most desirable use of land in accordance with the forthcoming Comprehensive Plan of the city.
(B) Permitted uses.
(1) Institutional uses such as office buildings or facilities for city, county, state and federal government for administrative and/or emergency responding purposes;
(2) Schools and associated office buildings including sentry structures;
(3) Recreational amenities owned by public entities, including, but not limited to, public parks, football stadiums or similar arenas, gymnasiums, swimming pools, skate parks, pavilions, tennis courts, soccer fields and similar uses and structures;
(4) Institutional uses such as a church and related amenities protected under the freedom of religion;
(5) An accessory use customarily related to a principle use authorized in this district;
(6) Paved or unpaved institutional parking lots which may include accompanying retention/detention storm ponds; and
(7) Institutional signs being generally one sign only per site with a maximum height of 15 feet; maximum square footage preface to be 80 square feet; structural setback to be five feet to the property lines; and the maximum number of advertising faces to be no more than two; also, any exempted signs as outlined in Ch. 153 of this code of ordinances shall also be exempt in this zoning district.
(C) Conditional uses.
(1) Telephone, radio, television and/or other telecommunication towers;
(2) Any civic sponsored recreational amusement and/or event such as a circus, carnival or similar activity that isn’t normally associated with the use of the site specific property;
(3) Activities associated with civic and/or cultural events where the complimentary availability of alcoholic beverages may be evident;
(4) Prisons, jailhouses or similar structures used for similar purposes, including halfway houses for juvenile offenders or similar type of rehabilitation services;
(5) Public hospitals and/or health care facilities intended for treating mental health patients who may have a tendency for erratic behavior that may be a risk to the public’s safety; and
(6) Other uses not foreseen at the time of this chapter that the City Council may deem appropriate to be best considered through the conditional use permit process.
(D) Prohibited uses. Any building erected or land used for other than one or more of the preceding legitimate public uses.
(E) Other requirements.
(1) Building setbacks shall be in accordance to the commercial area requirements of § 156.086 of this chapter or as specifically established by the recorded subdivision plat.
(2) No structure should be built over a utility easement.
(3) Uses in this district shall comply with the paved off-street parking requirements of the city’s prevailing parking ordinance(s).
(4) The city shall have the inherent right to impose a minimum eight-foot buffer fence of public buildings and/or facilities during the permit process when adjacent to residential uses to better deflect emanating noise, flying debris and the like.
(5) Integral to any proposed rezoning to a public zone, the applicant shall provide a site plan reflecting the proposed use, points of entry/exit, parking, setbacks and the like, in order to substantially inform the planning staff and general public of the property’s public intent.
(6) Special provisions: any pre-existing institutional buildings, structures, facilities and/or uses on properties that may be inadvertently zoned to another non-public zone will be grandfathered as to use; however, the city may at any time initiate a public rezoning process to said site(s), such decision to be made by the City Council.
(Ord. 2016-07, passed 8-9-2016)