For the purpose of this title, and the promotion of public health, safety and general welfare of the community, the following districts are hereby established for the city:

A Agricultural

R Residential

C Commercial

R-C Residential/commercial

I Industrial

MHP Mobile home park

Zero lot line district overlay

RSF Residential single-family (Ord. 451, 1-10-2017)

The locations and boundaries of the zoning districts shall be established by ordinance and shall be shown on a map entitled "zoning map of the city of Perkins, Oklahoma", and the zoning map is hereby incorporated as a part of this title. (2010 Code § 22-18)

The boundaries of a zoning district shall extend to a centerline of abutting streets, regardless of the legal description listed in establishing such districts. In the event of uncertainty in the exact boundaries of any of the districts as shown on the zoning map of the city, the planning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the board of adjustment, and the board of adjustment shall make the final determination. (2010 Code § 22-19)

It shall be the duty of the city clerk to maintain an up to date official zoning map of the city, including all amendments directly adopted by the city commission. (2010 Code § 22-20)

The A agricultural district is established for several purposes:

A.   To provide for the continued use of land for predominantly agricultural purposes;

B.   To preserve undeveloped areas until they can feasibly be developed to urban standards and with adequate public safeguards of health, safety and welfare; and

C.   To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding. (2010 Code § 22-39)

Within the A agricultural district, the following uses are permitted:

Accessory buildings or uses incidental to the permitted principal uses.

"Agriculture", as defined in section 10-1-4 of this title.

Churches and temples.

Elementary schools and high schools.

Golf courses, and including golf driving ranges, pitch and putt courses, or miniature golf courses.

Municipal or community recreation centers.

Parks and forest preserves operated for profit.

Police or fire stations.

Public buildings or buildings operated in the public interest by a not for profit corporation, including art galleries, post offices, libraries or museums.

Public or not for profit auditoriums, stadiums, arenas, armories or sanatoriums.

Public or private hospitals or sanatoriums.

Public or private schools or colleges.

Public utility and service uses, including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities.

Single-family dwellings and multiple-family dwellings.

Temporary buildings and uses for construction purposes only and not for dwelling purposes, nor for a period that exceeds the completion of construction. (2010 Code § 22-40; amd. 2012 Code)

All lots and improvements within the A district shall meet the following requirements:

A.   All lots shall have not less than one acre of land, and not more than one principal building shall be placed on any one lot;

B.   Each lot shall have a frontage of not less than one hundred feet (100');

C.   No improvement or structure shall exceed one hundred feet (100') in height above the mean elevation of the lot;

D.   All structures shall have not less than a twenty five foot (25') front yard setback;

E.   All principal structures shall have not less than a ten foot (10') side yard setback;

F.   Accessory buildings may have a rear yard of not less than ten feet (10'). (2010 Code § 22-41; amd. 2012 Code)

No signs, posters, bulletin boards or other similar displays shall be permitted in the A district, except as follows:

A.   One bulletin board may be erected on each street frontage of an educational, religious, institutional or similar uses requiring an announcement of its activities;

B.   One identification sign may be erected on each street frontage of a single-family subdivision or permitted nonresidential uses; and

C.   A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of the parcel. (2010 Code § 22-42)

This residential district is intended to provide for both low and high population densities. It is established as a district in which the principal uses of the land are for single-family and multi-family dwellings. The intent is to prohibit commercial and industrial uses, or any other use which would substantially interfere with the development or continuation of single-family dwellings and multi-family dwellings in this district. It is further intended to discourage any use that would generate traffic or create congestion on the neighborhood streets other than the dwellings or similar residential uses in this district. Additionally, it is intended to discourage any use which, because of its character or size, would create requirements and costs for public services beyond those if the district were developed solely for single-family and multi-family or other similar residential uses. Moreover, the intent is to encourage discontinuance of any existing uses that would not be permitted under the provisions of this title. (2010 Code § 22-43)

Within the R residential district, the following uses are permitted:

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

Accessory buildings which are not a part of a main building may include one private garage.

Agricultural uses of the garden type that are not intended for commercial purposes.

Duplex.

Multi-family dwelling.

Public and private schools.

Public park or playground.

Rooming or boarding house.

Single-family detached dwellings. (2010 Code § 22-44; amd. 2012 Code)

The following uses may be permitted by the board of adjustment after public hearing, provided they meet the requirements noted for each use in addition to applicable area regulations:

Childcare centers or day nurseries, provided they are located on a lot not less than ten thousand (10,000) square feet in area.

Churches, a minimum lot size of one acre.

Community services, cultural and utility facilities, provided they are located on a lot of not less than one acre.

Convalescent homes, rest home, nursing home and hospitals, public or private.

Golf course, private or public, or country club; provided, that the chief activity is for recreational purposes, and any commercial activity is accessory or incidental thereto.

Home occupation; provided, that it is in keeping with the meaning of "home occupation", as defined in section 10-1-4 of this title.

Junior high or senior high schools.

Library.

Mobile home parks, in compliance with chapter 10 of this title.

Plant nursery; provided, that no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises.

Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed. (2010 Code § 22-45)

All lots and improvements within the R district shall meet the following requirements:

A.   All lots shall have an area of not less than five thousand (5,000) square feet for a single-family dwelling, seven thousand (7,000) square feet for a two-family dwelling and nine thousand (9,000) square feet for each dwelling unit over two (2) for multiple-family dwellings;

B.   Each lot shall have a frontage of not less than fifty feet (50') for single-family dwelling, fifty feet (50') for two- family dwelling and seventy five feet (75') for multi-family dwelling and all other uses;

C.   Not more than seventy five percent (75%) of the lot area shall be covered with improvements, except that duplex shall not exceed sixty percent (60%) coverage and single-family improvement fifty percent (50%). Paved areas are not considered improvements within the meaning of this provision;

D.   No improvement or structure shall exceed thirty five feet (35') in height above the mean elevation of the lot;

E.   Minimum front yard setback of twenty feet (20') shall be provided on all single-family, duplex and multi-family dwellings;

F.   For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen feet (15'); and

G.   A rear yard of twenty feet (20') of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet (10') to the rear lot line.

H.   Not more than one principal building shall be placed on any one lot. (2010 Code § 22-46; amd. 2012 Code)

A.   Temporary bulletin board or sign not exceeding twelve (12) square feet in area, pertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises is leased, hired or sold.

B.   One bulletin board may be erected on each street frontage of an educational, religious, institutional or similar use requiring announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in surface area or fifteen feet (15') in height, and illumination, if any, shall be by constant light.

C.   Official public notices may be erected on affected property.

D.   One nonilluminated nameplate not exceeding two (2) square feet in area and not containing lettering other than the name of the owner or occupants, or name or address of the premises. (2010 Code § 22-47)

This district is intended to provide for the normal range of commercial services within the community in such a manner that the district will accommodate both quick stop and longer visit shopping, as well as provide for additional retail, cultural and entertainment trade. It also provides for the conduct of general and professional offices to provide for the needs and convenience of the people of the city and the wider community in such a manner as to not be offensive to a general neighborhood containing residential, religious, recreational and educational elements. It is intended that this district be located as not to introduce traffic into a solely residential district. Additionally, district regulations are intended to minimize traffic congestion and noise, provide adequate and controlled parking and expansion area, allow safe pedestrian movement, minimize adverse impacts on residential areas, encourage improved commercial site design and layout, and promote the reuse and development of existing commercial structures, and encourage visual quality in commercial development. Outdoor storage of goods and merchandise is prohibited. (2010 Code § 22-48)

Property and buildings in the C commercial district shall be used only for the following purposes:

A.   Any use permitted in any residential district, offices for executive, administrative, professional accounting and insurance offices, banks, credit unions, savings and loan companies and associations, real estate offices, clerical, stenographic, drafting and sales, and nonprofit corporations, and other businesses which perform services on the premises.

B.   Publicly owned building, exchanges and public utility offices, but not including electrical or gas substations, museums, cultural centers and open space designed to serve persons conducting business in this district, convalescent home, rest home, nursing home and hospitals, public or private.

C.   Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as, but not limited to, bakeries or stores selling books, stationery, clothing, dairy products, delicatessens, dry goods, florists, groceries, hardware, meat market, pharmacies and self-service gas stations (no repair).

D.   Personal service establishments which perform services, such as, but not limited to, appliance and small items shops (watches, radios, televisions, shoes, etc.), beauty parlors or barbershops, dance schools, photographic, artists and other miscellaneous studios, post offices, self-service laundries, tailor shops and governmental office buildings serving persons living in adjacent residential areas.

E.   Professional services, including medical clinics (outpatient only) and offices of doctors, dentists, osteopaths and similar professions. (2010 Code § 22-48)

In the interest of protecting the health, safety and welfare of the inhabitants of the city, and in order to protect the quality of life within said city, the city shall not issue a commercial building permit, as provided for by section 10-6-2 of this title, until the planning commission has reviewed and approved a site development plan. Review and approval or disapproval of such site development plan shall be at a public hearing held pursuant to the provisions of subsection 1-6-3J of this code. For purposes of this section, "business" or "commercial" shall mean that structure that is to be used for the employment of one or more persons for the purpose of earning a livelihood, activities of persons to improve their economic conditions and generally relate to commercial and industrial engagements. In considering such commercial or business building permit application, the planning commission shall comply with the following procedures and requirements:

A.   Notice And Hearing: The planning commission shall hold a hearing to consider approval or denial of such site plan within twenty (20) days of the filing of such commercial or business site development plan with the city. The planning commission shall give at least five (5) days' notice of such hearing to the applicant. The purpose of such hearing shall be for review and consideration of approving or denying the site development plan as submitted.

B.   Plan Information Required: The developer and/or owner shall prepare and submit to the city a site development plan, which site development plan shall contain the following information:

   1.   Written legal description;

   2.   Scale drawing of the property in the appropriate dimensions prepared and signed by a registered architect, engineer or surveyor;

   3.   Scale, north arrow, date and legend;

   4.   Name, address and telephone number of the property owner and applicant;

   5.   Location and size of existing easements, utilities and rights of way, and any future easements, utilities and rights of way;

   6.   Location of existing building and structures with appropriate dimensions;

   7.   Location of proposed buildings, structures and other items with dimensions showing compliance with the applicable building, fire and zoning standards of this city code;

   8.   Location and type of landscaping to verify the attaining of fifty (50) landscaping points for each one hundred (100) square feet of required landscape area, pursuant to the landscape policy of the planning commission;

   9.   Location, arrangement and dimensions of automobile parking spaces, width of the aisles and the angle of parking, to include truck loading and unloading spaces and docks and handicap spaces;

   10.   Location and dimensions of all vehicular entrances, exits and drives;

   11.   A separate written request, if needed, for any items that are requested to be waived or amended, with appropriate material necessary to justify the request;

   12.   Location and dimensions of pedestrian entrances, exits, walks and walkways, and handicap access;

   13.   General drainage system to comply with the drainage ordinances and policies of the city, indicating the location, size and grade of ditches, catch basins and dips, and connections to existing drainage systems and on site stormwater detention systems;

   14.   Location and materials of walks and fences;

   15.   Location, size, height and orientation of all signs, other than signs flat on building facades;

   16.   Size of the site;

   17.   Finished grading by contours of two feet (2') supplemented where necessary by spot elevation if required by the building inspector.

C.   Site Plan Submission And Review:

   1.   All site plans shall be reviewed and approved by the planning commission prior to the issuance of any building permit or occupancy permit for the property.

   2.   The site plan shall be submitted to the building inspector no later than ten (10) days prior to the planning commission meeting date at which it is to be considered.

   3.   The building inspector shall review the site plan for completeness and compliance with the provisions of these regulations. Any necessary modifications shall be forwarded to the applicant for resubmittal.

   4.   After review, the building inspector shall provide to the planning commission a written report recommending and listing reasons for the approval or denial of the site plan.

   5.   After submission, the planning commission shall consider the site development plan as submitted at a meeting of that body. The planning commission, after considering and reviewing said site development plan, shall either approve or disapprove such site plan.

D.   Approval: After approval of a site development plan and issuance of a commercial building permit, the land within the area covered by the site development plan shall be developed only in accordance with the site development plan as finally approved by the planning commission. Any change, erasure, modification, revision or deviation from that plan shall be considered invalid and a violation of the provisions of this section, unless said change, erasure, modification, revision or deviation shall have first been submitted to the city and approved according to the above procedure. It is further provided, that should a change in property ownership occur after approval of the site development plan, the site development plan as approved by the planning commission shall be honored and maintained in its entirety. (2010 Code § 22-48)

A.   Access: All site plans shall have adequate and safe vehicular access to adjacent streets. No curb cut or driveway will be permitted within one hundred feet (100') of any intersection, measured along the right of way line from the property corner to the center of the driveway, unless there is frontage of less than one hundred feet (100') at the time of passage hereof, in which case a driveway may be allowed the maximum possible distance from the property corner. Joint use of a single driveway by two (2) abutting property owners may be authorized by the planning commission when inadequate space or separation exists in order to ensure safety of the motorist along a public street and limit access points. Ingress and egress points shall be limited to one cut, with a maximum of thirty six feet (36') at the property line. Ingress and egress drives shall be built in accordance with the specifications and policies governing curb and utility cuts. Access to primary and secondary arterials will be allowed only after the property owner provides adequate traffic control of ingress and egress as approved by the city engineer. Additional driveways may be considered and granted when the planning commission deems them to be in the public interests.

B.   Area Regulations: The requirements for approval of site plans shall be as follows:

   1.   Front Yard: All buildings shall set back from the street right of way line to provide a front yard having not less than twenty five feet (25') in depth; provided, that such setback shall not apply to any structure on Main Street or any area of exclusive commercial use.

   2.   Side Yard: On the side of a lot adjoining a dwelling district or any residential structure, there shall be a side yard not less than ten feet (10'). For uses located on corner lots, there shall be a side yard setback of not less than fifteen feet (15') in case such lot is back to back with another corner lot, and twenty five feet (25') in all other cases.

   3.   Rear Yard: The rear yard area shall be twenty five feet (25') and if the building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof, of not less than thirty feet (30').

C.   Lighting:

   1.   All lighting in parking areas, as part of signs and advertising, or special lighting, shall be so arranged to avoid unreasonable reflection or radiation into any residential zone.

   2.   Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity which will not interfere with adjacent land uses or the use of adjacent streets. (2010 Code § 22-48)

D.   Parking: The provisions of section 10-8-7 of this title shall be complied with.

E.   Surfacing: All of the property used for parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with asphalt or concrete to a standard acceptable to the City Engineer and properly maintained. All other areas of the property shall be maintained in good condition year round or be provided with an all weather surface. (2010 Code § 22-48)

F.   Screening: On the property adjoining a Residential District, not separated by a street, there shall be provided an aesthetic visual barrier consisting of suitable natural and/or manmade material, at least seventy five percent (75%) opaque and not less than five feet (5') in height. The property owner and/or developer shall submit a proposal for screening that will meet the screening requirements. The proposal shall be in the form of a drawing of a typical section of the screen and a list of the materials to be used. The Planning Commission may require reasonable changes in the proposal before adopting it as part of the site plan. The screening and screening material provided in accordance with the adopted site plan shall be maintained in good condition. In the event adjoining property is being utilized for dwelling purposes at the time commercial development is proposed, screening may be required. (2010 Code § 22-48; amd. 2012 Code; Ord. 489, 9-13-2022)

A.   Signs And Advertising: Nameplates and signs relating only to the use of the store or to the products sold on the premises are permitted. This Code shall be complied with. Mobile signs shall not be permitted in any location that will obstruct the vision of motorists and shall be satisfactorily anchored to prevent a hazard by moving unexpectedly. Mobile signs shall be limited to a duration of sixty (60) days per year at any location.

B.   Business Signs And Displays: Business signs, poster boards, bulletin boards or similar displays in the C Commercial District shall conform to the following requirements:

   1.   Business signs shall not exceed two hundred (200) square feet in surface area and thirty five feet (35') in height identifying the business or activity conducted on the premises. Ground signs shall not exceed eight feet (8') in height. Ground signs are not permitted on lots that do not have setbacks on the front and sides.

   2.   Lots without both front and side setbacks may have one business sign, not exceeding thirty two (32) square feet in surface area, and identifying the business or activity conduced on the premises may be attached to the building on each street frontage of the building. Signs that extend from the building frontage must overhang at a height of not less than ten feet (10'), and shall not have a maximum projection greater than six feet (6'). In cases where two (2) or more businesses occupy the same building, the total surface area may not exceed the thirty two (32) square foot limitations unless the frontage is fifty feet (50') or greater, then a thirty two (32) square foot sign is permitted for each business.

   3.   Signs with flashing lights are not permitted.

   4.   A real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage. The sign shall not exceed thirty two (32) square feet in surface area or eight feet (8') in height, and illumination, if any, shall be by constant light. All signs shall be erected on private property and shall not encroach upon any public street or walk, and shall not overhang at a height of less than ten feet (10'), and shall not have a maximum projection greater than six feet (6'). (Ord. 466, 10-9-2018)

Appeals to any decision of the Planning Commission may be taken by any person aggrieved thereby to the City Commission. Appeals shall be taken within thirty (30) days from the date of the decision by filing with the City Clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee as established by resolution of the City Commission at the Office of the City Clerk at the time the notice is filed. The Chairperson of the Planning Commission shall forthwith transmit to the City Commission copies of all the papers constituting the record of said matter, together with a copy of the ruling or order from which the appeal is taken. An appeal stays all proceedings in furtherance of the action appealed from. The City Commission shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The City Commission shall not rehear an appeal once decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the City Commission at the public hearing, and that for some reason he was prevented from presenting such facts, or that the facts of the case have materially changed since the public hearing. (2010 Code § 22-48; amd. 2012 Code)

Minor changes to the site plan may be accomplished administratively through the building inspector, so long as substantial compliance is maintained with the approved site plan. Proposed changes which could represent a significant departure from the site plan, as approved by the planning commission or mayor and city commission, shall require resubmittal. Major changes to an approved site plan which would require resubmittal shall include, but not be limited to, an increase in the bulk of any building by more than five percent (5%), and increase in residential density, or an increase in total ground area covered by buildings by more than five percent (5%). (2010 Code § 22-48)

This district is intended to provide for any a mixture of uses found in either the R residential zone or the C commercial zone. Owners of any individual lot or lots located within this zone shall declare such lot or lots to be either residential or commercial. That declaration shall determine the zoning requirements for such sites. (2010 Code § 22-50)

A.   Residential: Sites declared as residential in this zone shall comply with the requirements specified under article B, "R Residential District", of this chapter.

B.   Commercial: Sites declared as commercial in this zone shall comply with the requirements specified under article C, "C Commercial District", of this chapter. (2010 Code § 22-50; amd. 2012 Code)

The purpose of the I industrial district is to provide a location for industries that do not by their nature create nuisance. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other potentially objectionable influences created in this district, a buffer or setback area between this district is required. (2010 Code § 22-51)

Within the I industrial district, the following uses are permitted:

Accessory uses incidental to and on the same zoning lot as a principal use.

Any of the following uses:

Blacksmiths, tinsmiths and sheet metal shops.

Bottling works.

Canning or preserving factories.

Cold storage plants.

Ice cream production and distribution.

Laundry and dry cleaning plants.

Machine shops.

Machinery rental, sales and service.

Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing or testing of any of the following materials, goods or merchandise:

Apparel.

Beverages (nonalcoholic, processing and bottling).

Building materials specialties.

Bulk fuel sales and storage.

Clothing.

Compounding and packaging of chemicals.

Dairy products.

Drugs and pharmaceutical products.

Electrical and acoustical products and components.

Food products (except fish, sauerkraut, vinegar and yeast).

Furniture.

Glass products.

Ice, dry and natural.

Jewelry.

Medical laboratory supplies, equipment and specialties.

Metal products and utensils.

Milk, bottling and distribution.

Monumental stone cutting.

Motor freight terminals.

Musical instruments.

Optical goods.

Paper products, including boxes and containers.

Pattern shops.

Processing of meat and vegetable products, including the slaughter of animals.

Radios, phonographs, recorders and television sets and parts.

Railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor.

Sign painting.

Soldering and welding shops.

Spray painting and mixing.

Textiles.

Toys and children's vehicles.

Trailers and carts.

Wood products, including wooden boxes and containers.

Any other manufacturing process or establishment.

Building material sales.

Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.

Compounding, processing and blending of chemical products, but not including any materials which decompose by detonation.

General and administrative offices.

Machine shops and metal products manufacture and tool and die shops.

Mail order houses.

Manufacturing and assembling of electrical and electronic products and equipment.

Manufacturing and assembling, or any combination of such processes, of products from wood, cork, glass, leather, iron, steel, fur, plastic, felt and other textiles.

Printing and binding plants.

Research laboratories.

Warehouse and storage facilities.

Water filtration plants, pumping stations, reservoirs and lift stations. (2010 Code § 22-53)

A.   There are no area requirements in an I district.

B.   There are no lot frontage requirements in an I district.

C.   Not more than ninety percent (90%) of the lot area shall be covered with improvements. Paved areas are not considered as improvements within the meaning of this provision.

D.   There are no height requirements in an I district.

E.   No structure shall be erected, commenced or maintained which has a front yard of less than twenty five feet (25').

F.   No structure shall be erected, commenced or maintained which has a side yard of less than twenty five feet (25').

G.   No structure shall be erected, commenced or maintained which has a rear yard of less than twenty five feet (25'). (2010 Code § 22-54; amd. 2012 Code)

Any use constructed, established, altered or enlarged in the I industrial district, after the effective date hereof, shall be so operated as to comply with the following standards:

A.   No building shall be used for residential purposes, except that a watchman may reside on the premises;

B.   No retail sales or services shall be permitted, except as incidental to or accessory to a permitted use;

C.   No noise, either continuous or intermittent, from any operation conducted on the premises, other than that emanating from vehicular traffic, shall be detectable at any boundary line of the I district;

D.   No toxic matter, noxious matter, smoke, gas or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located;

E.   No vibrations shall be detectable beyond the lot lines of the lot on which the use is located; (2010 Code § 22-52)

F.   Exterior lighting fixtures shall be shaded wheresoever necessary in order to deflect light away from any residential district; (2010 Code § 22-52; amd. 2012 Code)

G.   The manufacture of flammable materials which produce explosive vapors or gases is prohibited;

H.   No outside storage of equipment or material, except equipment for daily use, shall be permitted in such a location where it can be viewed from any public street; or

I.   Any operation that produces intense glare or heat shall be performed within a completely enclosed building and exposed sources of light shall be screened so as not to be detectable beyond the lot lines. (2010 Code § 22-52)

All signs and billboards in the I district shall conform to the requirements in section 10-7A-4 of this chapter. (2010 Code § 22-55)

The zero lot line district is a supplemental district designation designed to facilitate development or high density single-family housing in which houses may be located directly on one of the side lot lines. Designation of an area as a zero lot line district will be accomplished through the adoption of an overlay zoning district which amends the city code requirements for the R residential district, as specified in article B of this chapter. (2010 Code § 22-104; amd. 2012 Code)

The primary intent for the use of these regulations is to promote the development of higher density housing options, such that detached dwellings may, where permitted, be located in such a manner that an exterior sidewall is constructed with no setback from an interior property line, as described in article B of this chapter, but otherwise subject to the conditions set out in those sections. (2010 Code § 22-104; amd. 2012 Code)

An area shall be designated a zero lot line district in accordance with the regulations set forth below:

A.   Minimum Conditions: Minimum conditions required are:

   1.   No windows, doors or other openings are permitted in the zero setback sidewall.

   2.   The side yard opposite the zero setback side on the same property shall be a minimum of ten feet (10') in width.

   3.   A perpetual ten foot (10') easement for the purpose of building maintenance and separation between structures shall be provided on the lot adjacent to the exterior dwelling sidewall along the zero setback line; provided, that:

      a.   The maintenance easement shall allow access to principal buildings and to any accessory structures or vegetation that do not otherwise have reasonable access to their full height and width along the zero setback side for the purpose of maintenance;

      b.   Such easement must be shown on a subdivision plat, or otherwise recorded by an irrevocable covenant which shall run with the land, whereby proof of such recorded documents shall be submitted with application for a building permit for any structure to be so constructed;

      c.   Roof overhangs from principal buildings may penetrate the easement on the adjacent lot a maximum of two feet (2'), excluding gutter, but the roof shall be so designed that water runoff from the structure placed on the lot line is limited to the easement area;

      d.   Spacing between structures shall be no less than ten feet (10'), measured from the outermost projections of combustible materials;

      e.   If a driveway is to be located along the lot line, a note of waiver must be recorded on the plat, or permission otherwise obtained from the city zoning administrator/code enforcement officer for a curb cut turning radius encroachment on the frontage of the adjacent property.

B.   Initiation Procedure: Preliminary plat reviews with planning staff members are encouraged. Once the staff members have determined that an area meets the criteria for designation as a zero lot line district, a hearing shall be set where the planning commission will receive input and consider the proposed plat for the district. Notice of this hearing shall be given in writing to all property owners within three hundred feet (300') of the proposed district, and by publication in a local newspaper of general circulation. The notice shall include a legal description of the areas to be included in the district, and the date, time and location of the hearing. The notices shall be mailed and published at least twenty (20) days before the hearing. Should the planning commission not approve the proposed plat, the zero lot line district designation process will not continue.

C.   Adoption: The city commission may designate an area as a zero lot line district after meeting the following criteria:

   1.   Review: The overlay district shall be reviewed by the city staff and the planning commission for compliance with this article, other provisions of this code, and the comprehensive plan. Other matters, which may be considered, are the effect of the proposed district on traffic conditions, utilities and other public services, and the impact of development on properties surrounding the areas to be designated. The findings and recommendation of the city staff and the planning commission shall then be reported to the city commission. Upon required notice being given, the city commission shall review the application at a public hearing, at which time they shall receive comments from interested parties and receive the recommendations of staff and the planning commission.

   2.   Approval: The city commission may approve or deny the request for district designation. If approved, the district shall become part of the comprehensive plan of the city and shall be documented by adoption and publication pursuant to the city commission and by proper changes in the official zoning maps of the city. Each district which is created shall be shown on the official zoning maps as an overlay to the existing zoning. (2010 Code § 22-104)

A.   Attached dwellings commonly referred to as townhouses may have more than two (2) adjacent units to the whole structure. These types of dwellings are subject to the following conditions:

   1.   Common walls shall not contain doors, windows or other openings between the adjoining units and shall be designed and constructed to meet the applicable building and fire code requirements; and

   2.   The interior dwelling units of the principal structure shall be considered a separate lot, delineated by the common vertical wall, along the mutual property boundary, and not subject to subsections 10-7F-3A2 and A3 of this article.

B.   Dwellings of this type may have common (shared) driveways. Garages and parking structures may be attached to the unit or may be detached; provided, that the lot size is suitable to allow a detached parking structure. (2010 Code § 22-104)

In the event any provision of this article, or any district ordinance which is adopted pursuant to these regulations, conflicts with or is inconsistent in any manner with any other section of this title, or any section of this code, the provision of this article or the district ordinance shall supersede and take precedence over such portions or portion in conflict. (2010 Code § 22-104)

This Residential Single Family District is intended to provide for both low and high population densities. It is established as a district in which the principal uses of the land are for single-family dwellings. The intent is to prohibit commercial and industrial uses, or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. It is further intended to discourage any use that would generate traffic or create congestion on the neighborhood streets other than the dwellings or similar residential uses in this district. Additionally, it is intended to discourage any use which, because of its character or size, would create requirements and costs for public services beyond those if the district were developed solely for single-family residential uses. (Ord. 461, 4-11-2017)

Within the RSF Residential District, the following uses are permitted:

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

Accessory buildings which are not a part of a main building may include one (1) private garage.

Agricultural uses of the garden type that are not intended for commercial purposes.

Public and private schools.

Public park or playground.

Single-family detached dwellings. (Ord. 461, 4-11-2017)

The following uses may be permitted by the Board of Adjustment after public hearing, provided they meet the requirements noted for each use in addition to applicable area regulations:

Childcare centers or day nurseries, provided they are located on a lot not less than ten thousand (10,000) square feet in area.

Churches, a minimum lot size of one (1) acre.

Community services, cultural and utility facilities, provided they are located on a lot of not less than one (1) acre.

Home occupation; provided, that it is in keeping with the meaning of "home occupation", as defined in section 10-1-4 of this title. (Ord. 461, 4-11-2017)

All lots and improvements within the RSF District shall meet the following requirements:

A.   All lots shall have an area of not less than five thousand (5,000) square feet for a single-family dwelling;

B.   Each lot shall have a frontage of not less than fifty feet (50') for single-family dwelling;

C.   Not more than seventy five percent (75%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision;

D.   No improvement or structure shall exceed thirty five feet (35') in height above the mean elevation of the lot;

E.   Minimum front yard setback of twenty feet (20') shall be provided on all dwellings;

F.   For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen feet (15'); and

G.   A rear yard of twenty feet (20') of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet (10') to the rear lot line.

H.   Not more than one (1) principal building shall be placed on any one (1) lot. (Ord. 461, 4-11-2017)