- DISTRICTS
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
In order to carry out the intent and purpose of this chapter, the city is hereby divided into the following districts; the location, boundaries and area of which are and shall be as shown and depicted upon the zoning map.
(Ord. No. 296, art. IV, § 1, 9-15-1987)
The district boundary lines on such map are intended to follow either streets or alleys or lot lines, and where the districts designated on such map are bounded approximately by such streets, alley or lot lines, the centerline of the street or alley or the lot lines shall be the boundary of the district unless such boundary is otherwise indicated on the map. In all other cases, the district boundaries lines shall be determined by use of the scale appearing on the zoning map.
(Ord. No. 296, art. IV, § 2, 9-15-1987)
Any territory hereafter annexed to the city shall continue to be subject to the county, town or city zoning district classifications and regulations as such territory was subject at the time of annexation, until the expiration of one year after the date of such annexation, whichever shall first occur. All annexed areas will automatically be classified as R-1 until a study can be made by the planning commission to determine their future classification and proper amendments are made to the zoning map.
(Ord. No. 296, art. IV, § 3, 9-15-1987)
No land shall be used except for a use permitted in the district in which it is located, except as provided in article IV of this chapter.
(Ord. No. 296, art. V, § 1, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or structure be used, except for a use permitted in the district in which such building is located, except as provided in article IV of this chapter.
(Ord. No. 296, art. V, § 2, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which such structure is located, except as provided in article IV, division 1 of this chapter.
(Ord. No. 296, art. V, § 3, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the dimensional regulations of the district in which such structure is located, except as provided in article IV, division 1 of this chapter.
(Ord. No. 296, art. V, § 4, 9-15-1987)
The minimum yards parking spaces and open space required by this chapter for each structure existing at the time of passage of this chapter or for any structure hereafter erected or structurally altered shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the lot area per family requirements of this chapter for the district in which such lot is located, except as provided in article IV, divisions 1 and 4 of this chapter.
(Ord. No. 296, art. V, § 5, 9-15-1987)
No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the off-street parking and loading regulations of article IV, divisions 2 and 4 of this chapter.
(Ord. No. 296, art. V, § 6, 9-15-1987)
Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot except as provided in article IV, divisions 1 and 4 of this chapter.
(Ord. No. 296, art. V, § 7, 9-15-1987)
(a)
Construction prior to construction of main building. No accessory structure shall be constructed or moved upon a lot until the construction of the main building has actually been commenced.
(b)
Use for dwelling purposes. No accessory building shall be used for dwelling purposes other than by domestic servants entirely employed on the premises.
(Ord. No. 296, art. V, §§ 8, 9, 9-15-1987)
Except as provided in article IV, division 1 of this chapter, there shall not be more than one main building hereafter erected on one lot.
(Ord. No. 296, art. V, § 10, 9-15-1987)
No structure shall be erected, structurally altered for, or used as a single-family or two-family dwelling simultaneously with any other use.
(Ord. No. 296, art. V, § 11, 9-15-1987)
No excavation for foundations nor any erection or structural alteration of any structure shall be undertaken prior to appropriate permits having been approved and issued by the building inspector.
(Ord. No. 296, art. V, § 12, 9-15-1987)
Building materials or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land located in a residential or business zone district before appropriate building permits have been approved by the building inspector and issued by the city clerk.
(Ord. No. 296, art. V, § 13, 9-15-1987)
No land or building or structure or part thereof, within the limits of the city shall hereafter be used, erected, altered or converted for an outside toilet of any type if a public sewer system is available. If a public sewer system is not available, lavatory facilities shall be installed and connected to a septic tank and drainage field system as approved by the city and the state and county health authorities.
(Ord. No. 296, art. V, § 14, 9-15-1987)
The regulations set forth in this division refer to the E-1 single-family estate residential district, which is designed to provide an area for low density, single-family residential development, including pertinent accessory uses and structures.
(Ord. No. 296, art. VI, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the E-1 estate district:
(1)
Single-family dwelling.
(2)
Nurseries or truck gardens, except, that no retail sales shall be made on the premises.
(3)
Noncommercial greenhouse; provided, that no greenhouse heating plant shall be operated within 25 feet of any lot line.
(4)
Publicly owned or operated park, playground or community building, museum, library or art gallery; provided, that any building shall be located not less than 25 feet from any side lot line.
(5)
Church or other place of worship provided, that any building shall be located not less than 25 feet from any side lot line.
(6)
Public school, elementary or high, or a parochial or private school having a curriculum including the same courses as ordinarily given in a public school, but not providing residential accommodations for students, provided that any such building shall be located not less than 25 feet from any side lot line.
(7)
Golf club or golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.
(8)
Home occupations (see definitions section in article I of this chapter and special use regulations in division 3 of article IV of this chapter).
(9)
Accessory structures and uses (see definition section in division 3 of article IV of this chapter).
(10)
A church or public building may have one bulletin board or sign, but not both, located on the same lot as the main structure, such bulletin board or sign not to exceed 12 square feet in area nor to be animated or illuminated with intermittent light.
(11)
Temporary signs not exceeding a total of eight square feet in area located on the same lot pertaining to the lease, hire or sale of a building or premises.
(12)
A temporary sign not exceeding a total of 120 square feet in area relating to the development, sale or lease of lots or houses in a subdivision containing not less than five lots, which sign shall not remain more than two years or after the sale of the last lot, whichever occurs first.
(Ord. No. 296, art. VI, § 2, 9-15-1987)
_____
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the E-1 district:
(Ord. No. 296, art. VI, § 3, 9-15-1987)
_____
The minimum livable floor area required in the E-1 district shall be as follows: One-story building, 1,400 square feet on first floor, total minimum for dwelling, 2,400 square feet.
(Ord. No. 296, art. VI, § 4, 9-15-1987)
Off-street parking spaces shall be provided in the E-1 district in accordance with the requirements for specific uses set forth in division 2 of article IV of this chapter.
(Ord. No. 296, art. VI, § 5, 9-15-1987)
All churches, schools, recreational facilities and other public and semipublic uses in the E-1 district shall provide as a minimum, a 20-foot greenbelt on side and rear property lines.
(Ord. No. 296, art. VI, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-1 single-family district.
(Ord. No. 296, art. VII, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the R-1 residential district:
(1)
Single-family dwelling.
(2)
Nurseries or truck gardens, except, that no retail sales shall be made on the premises.
(3)
Noncommercial greenhouse; provided, however, that no greenhouse heating plant shall be operated within 25 feet of any lot line.
(4)
Publicly owned or operated park, playground or community building, museum, library or art gallery; provided, however, that any building shall be located not less than 25 feet from any side lot line.
(5)
Church or other place of worship, provided that any building shall be located not less than 25 feet from any side lot line.
(6)
Public school, elementary or high, or a parochial or private school having a curriculum including the same courses as ordinarily given in a public school, but not providing residential accommodations for students, provided that any such building shall be located not less than 25 feet from any side lot line.
(7)
Golf club or golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.
(8)
Home occupations (see definitions section in article I of this chapter and special use regulations in article IV, division 3 of this chapter).
(9)
Accessory structures and uses (see definition section in article IV, division 3 of this chapter).
(10)
A church or public building may have one bulletin board or sign, but not both, located on the same lot as the main structure, such bulletin board or sign not to exceed 12 square feet in area nor to be animated or illuminated with intermittent light.
(11)
Temporary signs not exceeding a total of eight square feet in area located on the same lot pertaining to the lease, hire or sale of a building or premises.
(12)
A temporary sign not exceeding a total of 120 square feet in area relating to the development, sale or lease of lots or houses in a subdivision containing not less than five lots, which sign shall not remain more than two years or after the sale of the last lot, whichever occurs first.
(Ord. No. 296, art. VII, § 2, 9-15-1987)
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the R-1 district:
*If sanitary sewers are not available to serve the proposed site, the 15,000 square feet minimum lot area required by the county health department shall be met.
(Ord. No. 296, art. VII, § 3, 9-15-1987)
_____
The minimum livable floor area, exclusive of any area contained within an attached garage or porch, required for each family in the R-1 district shall not be less than 1,400 square feet.
(Ord. No. 296, art. VII, § 4, 9-15-1987)
Off-street parking spaces in the R-1 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. VII, § 5, 9-15-1987)
Greenbelt requirements for this R-1 district shall be the same as in district E-1.
(Ord. No. 296, art. VII, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-2 single-family district.
(Ord. No. 296, art. VIII, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the R-2 residential district: The same uses as in districts E-1 and R-1, subject to the same requirements.
(Ord. No. 296, art. VIII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations for the R-2 district set forth in the following table shall be observed:
*In case sanitary sewers are not available to serve the proposed site, the 15,000 square feet minimum lot area required by the county health department shall be met.
(Ord. No. 296, art. VIII, § 3, 9-15-1987)
The minimum livable floor area, exclusive of any area contained within an attached garage or porch, required for each family in the R-2 district shall not be less than 1,200 square feet.
(Ord. No. 296, art. VIII, § 4, 9-15-1987)
Off-street parking spaces in the R-2 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. VIII, § 5, 9-15-1987)
Greenbelt requirements for this R-2 district shall be the same as in districts E-1 and R-1.
(Ord. No. 296, art. VIII, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-3 multifamily district.
(Ord. No. 296, art. IX, § 1, 9-15-1987)
A building or premises in the R-3 district shall be used for the following purposes:
(1)
Any use permitted in the E-1, R-1 and R-2 single-family districts.
(2)
Two-family dwelling.
(3)
Multiple dwelling.
(4)
Nursing home.
(5)
Fraternity or sorority house.
(6)
Religious, educational, charitable or public institution or building, except a penal or mental institution.
(7)
Hospital or sanitarium, except a mental or animal hospital.
(8)
Private club or lodge, excepting one, the chief activity of which is a service customarily carried on as a business.
(9)
Tourist home.
(10)
Accessory structures and uses.
(11)
One nameplate, to be lighted with only indirect nonintermittent light not exceeding six square feet in area attached to the wall at an entrance.
(Ord. No. 296, art. IX, § 2, 9-15-1987)
_____
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the R-3 district:
(Ord. No. 296, art. IX, § 3, 9-15-1987)
_____
The minimum livable floor area required in the R-3 district for each dwelling unit, exclusive of any area contained within a basement, attached garage or porch, shall be in accord with the following schedule:
(Ord. No. 296, art. IX, § 4, 9-15-1987)
Off-street parking spaces shall be provided in the R-3 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. IX, § 5, 9-15-1987)
When any permitted use in the R-3 district is situated wholly or partially adjacent to a single-family residential district, such use shall provide as a minimum, a 20-foot greenbelt.
(Ord. No. 296, art. IX, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the B-1 neighborhood business district.
(Ord. No. 296, art. X, § 1, 9-15-1987)
A building or premises in the B-1 district shall be used only for the following purposes:
(1)
Greenhouse having a retail outlet on the premises.
(2)
Bakery with sale of all bakery products at retail on the premises only; except, that catering services direct to consumer shall be permitted.
(3)
Barber shop, beauty shop.
(4)
Catering shop.
(5)
Dressmaking and tailoring; provided, however, that all work is done for individuals, at retail only, and on the premises.
(6)
Drugstore limited in size to that which is of service to the immediately surrounding neighborhood only.
(7)
Laundromat or shop for the delivery or picking up of laundry or dry cleaning.
(8)
Medical or dental office or clinic and other professional or business office.
(9)
Parking lot and storage or parking garage.
(10)
Restaurant or coffee shop; provided, however, that the serving of food or beverages to patrons waiting in parked automobiles shall not be permitted.
(11)
Retail store, limited in character and size to that which is of service to the immediately surrounding neighborhood only, except for any such use listed for the first time in the B-2 district.
(12)
Shoe repairing, repairing of household appliances and bicycles on an individual service call basis, and other uses of a similar character limited in size and nature to those which serve the immediately surrounding neighborhood.
(13)
Telephone exchange or outdoor public telephone booth.
(14)
Tourist home.
(15)
Utility installation.
(16)
Accessory structures and use.
(17)
Boardinghouse/foster care home.
(18)
Nursing home.
(19)
Retirement home.
(20)
Hospital or sanitarium, except a mental or animal hospital.
(21)
Bank or lending institution.
(22)
Recreation center, provided there are no pool tables in such establishment.
(23)
Signs, subject to the following conditions:
a.
Signs shall pertain to goods, products or services sold or offered on the premises.
b.
Signs shall be attached to a vertical surface of the building or extend not more than 18 inches therefrom.
c.
Such signs shall not exceed in the aggregate 40 square feet of gross surface area for any lot having 40 feet or less of street frontage. On lots having a frontage greater than 40 feet, such signs shall not exceed in the aggregate one square foot in area for each linear foot of principal street frontage, but in no case shall the aggregate area of such sign or signs exceed 60 square feet; provided, however, that in developments consisting of two or more establishments each use shall be allowed signs not to exceed the frontage occupied by such establishment, but in no case to exceed 60 square feet.
(Ord. No. 296, art. X, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations for the B-1 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. X, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the B-1 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. X, § 4, 9-15-1987)
When any permitted use or use permitted on appeal in the B-1 district is situated wholly or partially adjacent to any residential district, such use shall provide as a minimum, a 20-foot greenbelt.
(Ord. No. 296, art. X, § 5, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations on the B-2 general business district.
(Ord. No. 296, art. XI, § 1, 9-15-1987)
A building or premises in the B-2 district shall be used only for the following purposes:
(1)
Any use permitted in the B-1 neighborhood business district except that the limitations upon extent of service area shall not apply.
(2)
Signs or billboards located not closer than 25 feet to the side lines of a dwelling district.
(3)
Automobile or trailer display and sales room.
(4)
Public garage.
(5)
Amusement or recreation service, except drive-in theater or practice golf-driving range.
(6)
Business, dancing or music school.
(7)
Display room for merchandise to be sold at wholesale.
(8)
Frozen food locker.
(9)
Farm implement display and sales room.
(10)
Hotel, motel or motor court.
(11)
Hospital or clinic for animals, including kennels.
(12)
Radio or television broadcasting station, studio or office.
(13)
Retail store or shop.
(14)
Tavern or drive-in restaurant.
(15)
Undertaking establishment or mortuary.
(16)
Used car lot.
(17)
Bank or lending institution.
(18)
Utility service building.
(19)
Medical or dental laboratory.
(20)
The following uses provided all materials are stored and all work done on the premises is done within a building:
a.
Dyeing and cleaning establishment or laundry; provided pickup or delivery of clothing is not made to other pickup points.
b.
Painting decorators.
c.
Radio or television repair shop.
d.
Dressmaking, millinery or tailoring establishment.
e.
Upholstery shop, not involving furniture manufacturing.
f.
Any other general service or repair establishment of similar character.
(21)
A shopping center or facility composed of any one or more of the uses of this section, or any combination of such uses.
(22)
Gasoline service station (see special use category in article IV, division 3 of this chapter).
(23)
Day care center/child care center.
(24)
Miniwarehouse (see special use category in article IV, division 3 of this chapter).
(25)
Accessory structure and uses.
(Ord. No. 296, art. XI, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations of the B-2 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. XI, § 3, 9-15-1987)
_____
Off-street parking and loading spaces in the B-2 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 3 of this chapter.
(Ord. No. 296, art. XI, § 4, 9-15-1987)
Greenbelt requirements in the B-2 district shall be the same as for district B-1.
(Ord. No. 296, art. XI, § 5, 9-15-1987)
The requirements set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-1 light industrial district.
(Ord. No. 296, art. XII, § 1, 9-15-1987)
A building or premises in the M-1 district shall be used only for the following purposes:
(1)
Contractor's or construction equipment dealer's yard.
(2)
Grain and feed storage.
(3)
Heating fuel or building material storage or wholesaling, provided, that the materials shall not be extracted or processed on the premises.
(4)
Lumberyard.
(5)
Radio or television towers.
(6)
Truck terminal.
(7)
Railroad installation.
(8)
Warehouse.
(9)
Bottling plant or dairy.
(10)
Assembly of parts for production of finished equipment.
(11)
Manufacturing, fabricating, processing, or assembling uses which do not create any danger to health or safety in surrounding areas and to not create any objectionable noise, vibration, smoke, dust, odor, heat or glare, such as the following:
a.
Boats (less than five tons).
b.
Bolts, nuts, screws, washers, rivets, nails, brads, tacks, spikes, staples and similar items.
c.
Clothing.
d.
Food.
e.
Pharmaceuticals.
f.
Furniture and wood products.
g.
Glass products, but not including manufacture.
h.
Hand tool and hardware products.
i.
Ice.
j.
Musical instruments, games or toys.
k.
Office machines.
l.
Plastic products, not including processing or raw materials.
m.
Plating of silverware or utensils.
n.
Signs.
o.
Sporting goods.
p.
Automobile body shop.
q.
Other similar uses.
r.
Gasoline service station (see special use regulations in article XVI).
(12)
Pertinent accessory uses and structures.
(Ord. No. 296, art. XII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations of the M-1 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. XII, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the M-1 district in accordance with the requirements for specific uses set forth in article IV, division 1 of this chapter.
(Ord. No. 296, art. XII, § 4, 9-15-1987)
All structures and facilities developed within the M-1 light industrial district shall provide a 20-foot greenbelt on rear and side property lines, except those property lines which are adjacent to property zoned industrial.
(Ord. No. 296, art. XII, § 5, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-2 industrial district.
(Ord. No. 296, art. XIII, § 1, 9-15-1987)
Any building or premises in the M-2 district shall be used only for the following purposes:
(1)
Any use permitted in the M-1 light industrial district, except that no dwelling other than that for a resident watchman, custodian or caretaker employed on the premises shall be permitted.
(2)
Any other use not in conflict with any ordinance of the city regulating nuisances; provided further, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city council after a report by the planning commission in accordance with the procedure set forth in article II, division 2 of this chapter:
a.
Abattoir.
b.
Acid manufacture.
c.
Atomic power plant or reactor.
d.
Explosives manufacture or storage.
e.
Fat, grease, lard or tallow rendering or refining.
f.
Glue or size manufacture.
g.
Garbage, offal or dead animal reduction or dumping.
h.
Petroleum refining.
i.
Stockyard or slaughter of animals.
(Ord. No. 296, art. XIII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations in the M-2 district set forth in the following table shall be observed:
(Ord. No. 296, art. XIII, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the M-2 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. XIII, § 4, 9-15-1987)
Greenbelt requirements shall be the same in this M-2 district as for district M-1.
(Ord. No. 296, art. XIII, § 5, 9-15-1987)
Planned development is a method of development which permits a tract of land to be developed as one lot, rather than separate lots. The technique is designed to encourage coordinated development; to permit higher densities in conjunction with improved, commonly or controlled, functional, open space; to promote efficient use of the land; and to be developed in compliance with an approved development plan. The PRD district shall consist of primarily residential uses, single-family detached, semidetached and attached dwellings, single-family residences, garden homes and townhouses. Minimum dwelling size shall be 1,000 square feet. A minimum site area of two contiguous acres is required of building ground coverage, 35 percent.
(Ord. No. 394, § 1, 7-17-1995)
Due to the unique character and intent of the PRD planned residential district, the following uses are permitted:
(1)
Agricultural uses: Noncommercial greenhouses and gardens.
(2)
Residential uses:
a.
Accessory structures and buildings (see accessory structures and buildings).
b.
Detached single-family structure.
c.
Garden homes.
d.
Townhouses.
(3)
Institutional uses: See special exception uses, section 98-433.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the PRD district, subject to the approval of the city planning and zoning board and further subject to appropriate permits being issued by the city: Institutional uses as follows:
(1)
Self-contained retail businesses for the residents' convenience and not to attract outside trade.
(2)
Place of worship.
(3)
Schools.
(4)
Parks and landscaped commons.
(Ord. No. 394, § 3, 7-17-1995)
Accessory structures in the PRD district shall be built in a rear yard, but such accessory structure shall not occupy more than 30 percent of the required rear yard space and shall not be closer than five feet to any side or rear lot line. A garage or carport may be located in a side yard. Accessory structure may include, but not be limited to, storage and other buildings, swimming pools, detached garages and carports.
(Ord. No. 394, § 4, 7-17-1995)
(a)
Any buffer in the PRD district shall be determined during the site plan review process. A planting strip, so planted that within one full year of its installation, will provide a visually impervious barrier, uniformly dense at all heights from the ground and a minimum of six feet tall. The entire surface of the buffer strip shall be vegetation. Within three full growing seasons after installation, such planting shall have reached a minimum height of eight feet.
(b)
Where the view from the adjoining district is blocked by a change in grade or other natural feature, a greenbelt may not be required. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, the planning commission may approve a substitute buffer.
(Ord. No. 394, § 5, 7-17-1995)
A person applying for a zoning amendment to establish a PRD planned residential development district shall submit a preliminary development plan to the planning and zoning board consisting of:
(1)
A site plan showing:
a.
The direction of north, appropriate scale and topography.
b.
The location of subject property in relation to the vicinity.
c.
The use of property adjacent to the site.
d.
The proposed density for the site.
e.
Proposed access to and traffic circulation within the site.
f.
The location, character and extent of existing vegetation, landscaping retaining and screen walls and other treatment for the protection of adjacent property.
(2)
A proposed development schedule for the project.
(Ord. No. 394, § 6, 7-17-1995)
Prior to removal of natural vegetation, restructuring of the land, or construction of any improvement in the PRD district, an approved final development plan is required. A plan shall be submitted to the planning and zoning board, which is consistent with the preliminary development and containing:
(1)
A site plan showing:
a.
The direction of north, appropriate scale and topography in not greater than five-foot contour intervals.
b.
The proposed location of all structures.
c.
The location and use of structures adjacent to the site.
d.
The location and dimensions of streets, driveways, and walks on and off the site.
e.
The facility for surface drainage of the premises.
f.
Location and character of all public improvements, including utilities.
(2)
A copy of the deed restrictions to be recorded.
(3)
Distance to the nearest accessible fire hydrant.
(Ord. No. 394, § 7, 7-17-1995)
The intent of the RT district is to provide areas suitable for single-family residences, at a medium density, with common recreation/open space.
(Ord. No. 394, § 1, 7-17-1995)
(a)
Residential uses. Residential uses permitted in the RT district are as follows:
(1)
Accessory structures and buildings, provided that they are located in the rear yard only.
(2)
Townhouses.
(b)
Institutional uses. Institutional uses permitted in the RT district are as follows: Public utility services.
(c)
Temporary uses. Temporary uses permitted in the RT district are as follows: Garage and yard sales.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the RT district, subject to approval of the zoning board of adjustments and the issuance of appropriate city permits/licenses. Commercial uses shall be home occupations, subject to section 98-602.
Townhouses shall be located at least 15 feet from the RT district boundary and 20 feet from any detached single-family residential district. This should be clearly depicted on the site development plan for an area to be developed for townhouses.
(Ord. No. 394, § 3, 7-17-1995)
The regulations of this section shall pertain to areas in the RT district with adequate sewer facilities:
(1)
Maximum density: Ten units per gross tract acre, including common area.
(2)
Minimum lot width: 18 feet at the building line.
(3)
Minimum yard setbacks:
Front: 35 feet**
Rear: 30 feet
Side: 0 feet
**The front yard may be reduced to 30 feet if parking is provided in front of the dwelling.
Maximum height: 35 feet
(4)
Minimum livable floor area:
Total minimum: 1,000 square feet
One story: 1,000 square feet
Two story: 500 square feet
(5)
Corner lots: Setbacks shall be the same on both streets, roads or highways.
(6)
Eave overhangs: Cornices or eaves may extend into adjoining property when allowed by properly executed and recorded covenants between property owners. All such cornices and eaves shall be fireproofed.
(7)
Note: A site development plan is required for all townhouse developments, as per section 98-43.
(8)
Requirements for nonsewered development: If a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for the perusal of the city planning board, prepared by a state registered professional engineer. This report shall contain all the relevant information on the site pertaining to the soil conditions, soil capacity, percolation study, proximity to floodplains, etc. The developer/builder shall be required to produce a permit from the county health department. The city shall issue a permit for the development of townhouses, to the developer/builder in concern, based on the findings and recommendations of the county health department. In accordance with these recommendations, the density, unit size and other relevant requirements for townhouses shall be provided by the city to the developer/builder.
(Ord. No. 394, § 4, 7-17-1995)
Unless otherwise specified elsewhere in this chapter, when any lot is to be developed for any use other than townhouses in the RT district, and such a lot abuts a lot occupied or zoned for townhouses, a minimum buffer yard width of 25 feet shall be provided to separate this use from the townhouse district.
(Ord. No. 394, § 5, 7-17-1995)
The intent of the RG district is to provide areas suitable for the development of garden homes (single-family residences) and selected institutional and commercial uses which are integrally related to residential neighborhoods.
(Ord. No. 394, § 1, 7-17-1995)
(a)
Residential uses. Residential uses in the RG district are as follows:
(1)
Accessory buildings and structures, provided they are located in the rear yard only.
(2)
Residential garden homes.
(b)
Institutional uses. Institutional uses in the RG district are public utility services.
(c)
Temporary uses. Temporary uses in the RG district are garage and yard sales.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the RG district, subject to approval of the city zoning board of adjustment and the issuance of appropriate city permits/licenses: Commercial uses, home occupations, subject to section 98-602.
(Ord. No. 394, § 3, 7-17-1995)
Except as may be provided for elsewhere in this chapter, the following area and dimensional regulations shall be required in the RG garden home district:
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet at the building line.
(3)
Minimum yard setbacks:
Front: 20 feet*
Rear: 25 feet
Side: 0 feet
*The front yard may be reduced to ten feet, if an enclosed garage is provided with the unit.
(4)
Corner lots: Setbacks shall be the same on both streets, roads or highways.
Maximum height: 35 feet
Maximum floor area:
One story: 1,000 square feet
Two story: 850 square feet on first floor
(5)
Side yards are subject to the following building separation provisions:
Garden homes shall be built in such a manner that the minimum distance from the exterior surface of one unit to the exterior surface of the nearest unit shall not be less than ten feet.
No garden home residence shall be located less than 25 feet from any boundary demarcating a garden home district.
(6)
Note: A site development plan is required for all garden home developments, as per section 98-43.
(7)
Requirements for nonsewered development. If a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for the perusal of the planning board, prepared by a state registered professional engineer. This report shall contain all the relevant information, on the site, pertaining to the soil conditions, soil capacity, percolation study, proximity to floodplains, etc. The developer/builder shall be required to produce a permit from the county health department. The city shall issue a permit for the development of garden homes, to the developer/builder in concern, based on the findings and recommendations of the county health department. In accordance with these recommendations, the density, unit size and other relevant requirements for garden homes shall be provided by the city to the developer/builder.
(Ord. No. 394, § 4, 7-17-1995)
Unless otherwise specified elsewhere in this chapter, when any lot in the RG district is to be developed for any use other than garden homes and such a lot abuts a lot occupied or zoned for garden homes, a minimum buffer yard width of 25 feet shall be provided to separate this use from the garden home district.
(Ord. No. 394, § 5, 7-17-1995)
(a)
The following additional regulations shall apply to all the RG districts, unless otherwise noted:
(1)
Administration, article II of this chapter.
(2)
Definitions, article I of this chapter.
(3)
General regulations, article I of this chapter.
(4)
Supplemental regulations, article IV, division 1 of this chapter.
(5)
Special use regulations, article IV, division 3 of this chapter.
(6)
Off-street parking and loading regulations, article IV, division 2 of this chapter.
(b)
All public buildings shall have a front yard setback of 50 feet. In all other residential districts, where permitted, public buildings shall have: a rear yard of 35 feet, a side yard of 35 feet, a maximum height of 45 feet, a maximum building area of 50 percent of the lot.
(c)
There shall be two paved, off-street parking spaces per unit in the RG district, the depth of which shall be measured from the back of the curb. Twenty percent of the parking shall be dedicated to landscaping with adequate shade providing trees, grass, etc. There shall be no off-street parking along existing interior streets.
(d)
An easement appurtenance across lots shall be provided where the need arises for a property owner to cross an adjoining property to reach his/her own. Gates shall be provided if a fence extends to the property line.
(e)
The applicant shall provide for and establish an organization or other legal entity for the ownership and maintenance of any recreation/open spaces designated on the site development plan. Such organizations shall be created by covenants in relation to the land and all covenants/deed restrictions shall be duly recorded in the office of the probate judge of the county.
(f)
No fence shall be allowed in the front yard.
(g)
Private below-ground swimming pools are not permitted.
(h)
All lots shall be served by water and sewer or septic tanks.
(i)
All utilities shall be placed underground.
(j)
All garbage and refuse collection facilities shall be the responsibility of the management.
(Ord. No. 394, § 6, 7-17-1995)
- DISTRICTS
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
Cross reference— Businesses, ch. 26.
In order to carry out the intent and purpose of this chapter, the city is hereby divided into the following districts; the location, boundaries and area of which are and shall be as shown and depicted upon the zoning map.
(Ord. No. 296, art. IV, § 1, 9-15-1987)
The district boundary lines on such map are intended to follow either streets or alleys or lot lines, and where the districts designated on such map are bounded approximately by such streets, alley or lot lines, the centerline of the street or alley or the lot lines shall be the boundary of the district unless such boundary is otherwise indicated on the map. In all other cases, the district boundaries lines shall be determined by use of the scale appearing on the zoning map.
(Ord. No. 296, art. IV, § 2, 9-15-1987)
Any territory hereafter annexed to the city shall continue to be subject to the county, town or city zoning district classifications and regulations as such territory was subject at the time of annexation, until the expiration of one year after the date of such annexation, whichever shall first occur. All annexed areas will automatically be classified as R-1 until a study can be made by the planning commission to determine their future classification and proper amendments are made to the zoning map.
(Ord. No. 296, art. IV, § 3, 9-15-1987)
No land shall be used except for a use permitted in the district in which it is located, except as provided in article IV of this chapter.
(Ord. No. 296, art. V, § 1, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or structure be used, except for a use permitted in the district in which such building is located, except as provided in article IV of this chapter.
(Ord. No. 296, art. V, § 2, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which such structure is located, except as provided in article IV, division 1 of this chapter.
(Ord. No. 296, art. V, § 3, 9-15-1987)
No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the dimensional regulations of the district in which such structure is located, except as provided in article IV, division 1 of this chapter.
(Ord. No. 296, art. V, § 4, 9-15-1987)
The minimum yards parking spaces and open space required by this chapter for each structure existing at the time of passage of this chapter or for any structure hereafter erected or structurally altered shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the lot area per family requirements of this chapter for the district in which such lot is located, except as provided in article IV, divisions 1 and 4 of this chapter.
(Ord. No. 296, art. V, § 5, 9-15-1987)
No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the off-street parking and loading regulations of article IV, divisions 2 and 4 of this chapter.
(Ord. No. 296, art. V, § 6, 9-15-1987)
Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot except as provided in article IV, divisions 1 and 4 of this chapter.
(Ord. No. 296, art. V, § 7, 9-15-1987)
(a)
Construction prior to construction of main building. No accessory structure shall be constructed or moved upon a lot until the construction of the main building has actually been commenced.
(b)
Use for dwelling purposes. No accessory building shall be used for dwelling purposes other than by domestic servants entirely employed on the premises.
(Ord. No. 296, art. V, §§ 8, 9, 9-15-1987)
Except as provided in article IV, division 1 of this chapter, there shall not be more than one main building hereafter erected on one lot.
(Ord. No. 296, art. V, § 10, 9-15-1987)
No structure shall be erected, structurally altered for, or used as a single-family or two-family dwelling simultaneously with any other use.
(Ord. No. 296, art. V, § 11, 9-15-1987)
No excavation for foundations nor any erection or structural alteration of any structure shall be undertaken prior to appropriate permits having been approved and issued by the building inspector.
(Ord. No. 296, art. V, § 12, 9-15-1987)
Building materials or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land located in a residential or business zone district before appropriate building permits have been approved by the building inspector and issued by the city clerk.
(Ord. No. 296, art. V, § 13, 9-15-1987)
No land or building or structure or part thereof, within the limits of the city shall hereafter be used, erected, altered or converted for an outside toilet of any type if a public sewer system is available. If a public sewer system is not available, lavatory facilities shall be installed and connected to a septic tank and drainage field system as approved by the city and the state and county health authorities.
(Ord. No. 296, art. V, § 14, 9-15-1987)
The regulations set forth in this division refer to the E-1 single-family estate residential district, which is designed to provide an area for low density, single-family residential development, including pertinent accessory uses and structures.
(Ord. No. 296, art. VI, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the E-1 estate district:
(1)
Single-family dwelling.
(2)
Nurseries or truck gardens, except, that no retail sales shall be made on the premises.
(3)
Noncommercial greenhouse; provided, that no greenhouse heating plant shall be operated within 25 feet of any lot line.
(4)
Publicly owned or operated park, playground or community building, museum, library or art gallery; provided, that any building shall be located not less than 25 feet from any side lot line.
(5)
Church or other place of worship provided, that any building shall be located not less than 25 feet from any side lot line.
(6)
Public school, elementary or high, or a parochial or private school having a curriculum including the same courses as ordinarily given in a public school, but not providing residential accommodations for students, provided that any such building shall be located not less than 25 feet from any side lot line.
(7)
Golf club or golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.
(8)
Home occupations (see definitions section in article I of this chapter and special use regulations in division 3 of article IV of this chapter).
(9)
Accessory structures and uses (see definition section in division 3 of article IV of this chapter).
(10)
A church or public building may have one bulletin board or sign, but not both, located on the same lot as the main structure, such bulletin board or sign not to exceed 12 square feet in area nor to be animated or illuminated with intermittent light.
(11)
Temporary signs not exceeding a total of eight square feet in area located on the same lot pertaining to the lease, hire or sale of a building or premises.
(12)
A temporary sign not exceeding a total of 120 square feet in area relating to the development, sale or lease of lots or houses in a subdivision containing not less than five lots, which sign shall not remain more than two years or after the sale of the last lot, whichever occurs first.
(Ord. No. 296, art. VI, § 2, 9-15-1987)
_____
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the E-1 district:
(Ord. No. 296, art. VI, § 3, 9-15-1987)
_____
The minimum livable floor area required in the E-1 district shall be as follows: One-story building, 1,400 square feet on first floor, total minimum for dwelling, 2,400 square feet.
(Ord. No. 296, art. VI, § 4, 9-15-1987)
Off-street parking spaces shall be provided in the E-1 district in accordance with the requirements for specific uses set forth in division 2 of article IV of this chapter.
(Ord. No. 296, art. VI, § 5, 9-15-1987)
All churches, schools, recreational facilities and other public and semipublic uses in the E-1 district shall provide as a minimum, a 20-foot greenbelt on side and rear property lines.
(Ord. No. 296, art. VI, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-1 single-family district.
(Ord. No. 296, art. VII, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the R-1 residential district:
(1)
Single-family dwelling.
(2)
Nurseries or truck gardens, except, that no retail sales shall be made on the premises.
(3)
Noncommercial greenhouse; provided, however, that no greenhouse heating plant shall be operated within 25 feet of any lot line.
(4)
Publicly owned or operated park, playground or community building, museum, library or art gallery; provided, however, that any building shall be located not less than 25 feet from any side lot line.
(5)
Church or other place of worship, provided that any building shall be located not less than 25 feet from any side lot line.
(6)
Public school, elementary or high, or a parochial or private school having a curriculum including the same courses as ordinarily given in a public school, but not providing residential accommodations for students, provided that any such building shall be located not less than 25 feet from any side lot line.
(7)
Golf club or golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.
(8)
Home occupations (see definitions section in article I of this chapter and special use regulations in article IV, division 3 of this chapter).
(9)
Accessory structures and uses (see definition section in article IV, division 3 of this chapter).
(10)
A church or public building may have one bulletin board or sign, but not both, located on the same lot as the main structure, such bulletin board or sign not to exceed 12 square feet in area nor to be animated or illuminated with intermittent light.
(11)
Temporary signs not exceeding a total of eight square feet in area located on the same lot pertaining to the lease, hire or sale of a building or premises.
(12)
A temporary sign not exceeding a total of 120 square feet in area relating to the development, sale or lease of lots or houses in a subdivision containing not less than five lots, which sign shall not remain more than two years or after the sale of the last lot, whichever occurs first.
(Ord. No. 296, art. VII, § 2, 9-15-1987)
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the R-1 district:
*If sanitary sewers are not available to serve the proposed site, the 15,000 square feet minimum lot area required by the county health department shall be met.
(Ord. No. 296, art. VII, § 3, 9-15-1987)
_____
The minimum livable floor area, exclusive of any area contained within an attached garage or porch, required for each family in the R-1 district shall not be less than 1,400 square feet.
(Ord. No. 296, art. VII, § 4, 9-15-1987)
Off-street parking spaces in the R-1 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. VII, § 5, 9-15-1987)
Greenbelt requirements for this R-1 district shall be the same as in district E-1.
(Ord. No. 296, art. VII, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-2 single-family district.
(Ord. No. 296, art. VIII, § 1, 9-15-1987)
A building or premises shall be used only for the following purposes within the R-2 residential district: The same uses as in districts E-1 and R-1, subject to the same requirements.
(Ord. No. 296, art. VIII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations for the R-2 district set forth in the following table shall be observed:
*In case sanitary sewers are not available to serve the proposed site, the 15,000 square feet minimum lot area required by the county health department shall be met.
(Ord. No. 296, art. VIII, § 3, 9-15-1987)
The minimum livable floor area, exclusive of any area contained within an attached garage or porch, required for each family in the R-2 district shall not be less than 1,200 square feet.
(Ord. No. 296, art. VIII, § 4, 9-15-1987)
Off-street parking spaces in the R-2 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. VIII, § 5, 9-15-1987)
Greenbelt requirements for this R-2 district shall be the same as in districts E-1 and R-1.
(Ord. No. 296, art. VIII, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-3 multifamily district.
(Ord. No. 296, art. IX, § 1, 9-15-1987)
A building or premises in the R-3 district shall be used for the following purposes:
(1)
Any use permitted in the E-1, R-1 and R-2 single-family districts.
(2)
Two-family dwelling.
(3)
Multiple dwelling.
(4)
Nursing home.
(5)
Fraternity or sorority house.
(6)
Religious, educational, charitable or public institution or building, except a penal or mental institution.
(7)
Hospital or sanitarium, except a mental or animal hospital.
(8)
Private club or lodge, excepting one, the chief activity of which is a service customarily carried on as a business.
(9)
Tourist home.
(10)
Accessory structures and uses.
(11)
One nameplate, to be lighted with only indirect nonintermittent light not exceeding six square feet in area attached to the wall at an entrance.
(Ord. No. 296, art. IX, § 2, 9-15-1987)
_____
Except as provided for in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations set forth in the following table shall be observed in the R-3 district:
(Ord. No. 296, art. IX, § 3, 9-15-1987)
_____
The minimum livable floor area required in the R-3 district for each dwelling unit, exclusive of any area contained within a basement, attached garage or porch, shall be in accord with the following schedule:
(Ord. No. 296, art. IX, § 4, 9-15-1987)
Off-street parking spaces shall be provided in the R-3 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. IX, § 5, 9-15-1987)
When any permitted use in the R-3 district is situated wholly or partially adjacent to a single-family residential district, such use shall provide as a minimum, a 20-foot greenbelt.
(Ord. No. 296, art. IX, § 6, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the B-1 neighborhood business district.
(Ord. No. 296, art. X, § 1, 9-15-1987)
A building or premises in the B-1 district shall be used only for the following purposes:
(1)
Greenhouse having a retail outlet on the premises.
(2)
Bakery with sale of all bakery products at retail on the premises only; except, that catering services direct to consumer shall be permitted.
(3)
Barber shop, beauty shop.
(4)
Catering shop.
(5)
Dressmaking and tailoring; provided, however, that all work is done for individuals, at retail only, and on the premises.
(6)
Drugstore limited in size to that which is of service to the immediately surrounding neighborhood only.
(7)
Laundromat or shop for the delivery or picking up of laundry or dry cleaning.
(8)
Medical or dental office or clinic and other professional or business office.
(9)
Parking lot and storage or parking garage.
(10)
Restaurant or coffee shop; provided, however, that the serving of food or beverages to patrons waiting in parked automobiles shall not be permitted.
(11)
Retail store, limited in character and size to that which is of service to the immediately surrounding neighborhood only, except for any such use listed for the first time in the B-2 district.
(12)
Shoe repairing, repairing of household appliances and bicycles on an individual service call basis, and other uses of a similar character limited in size and nature to those which serve the immediately surrounding neighborhood.
(13)
Telephone exchange or outdoor public telephone booth.
(14)
Tourist home.
(15)
Utility installation.
(16)
Accessory structures and use.
(17)
Boardinghouse/foster care home.
(18)
Nursing home.
(19)
Retirement home.
(20)
Hospital or sanitarium, except a mental or animal hospital.
(21)
Bank or lending institution.
(22)
Recreation center, provided there are no pool tables in such establishment.
(23)
Signs, subject to the following conditions:
a.
Signs shall pertain to goods, products or services sold or offered on the premises.
b.
Signs shall be attached to a vertical surface of the building or extend not more than 18 inches therefrom.
c.
Such signs shall not exceed in the aggregate 40 square feet of gross surface area for any lot having 40 feet or less of street frontage. On lots having a frontage greater than 40 feet, such signs shall not exceed in the aggregate one square foot in area for each linear foot of principal street frontage, but in no case shall the aggregate area of such sign or signs exceed 60 square feet; provided, however, that in developments consisting of two or more establishments each use shall be allowed signs not to exceed the frontage occupied by such establishment, but in no case to exceed 60 square feet.
(Ord. No. 296, art. X, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations for the B-1 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. X, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the B-1 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. X, § 4, 9-15-1987)
When any permitted use or use permitted on appeal in the B-1 district is situated wholly or partially adjacent to any residential district, such use shall provide as a minimum, a 20-foot greenbelt.
(Ord. No. 296, art. X, § 5, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations on the B-2 general business district.
(Ord. No. 296, art. XI, § 1, 9-15-1987)
A building or premises in the B-2 district shall be used only for the following purposes:
(1)
Any use permitted in the B-1 neighborhood business district except that the limitations upon extent of service area shall not apply.
(2)
Signs or billboards located not closer than 25 feet to the side lines of a dwelling district.
(3)
Automobile or trailer display and sales room.
(4)
Public garage.
(5)
Amusement or recreation service, except drive-in theater or practice golf-driving range.
(6)
Business, dancing or music school.
(7)
Display room for merchandise to be sold at wholesale.
(8)
Frozen food locker.
(9)
Farm implement display and sales room.
(10)
Hotel, motel or motor court.
(11)
Hospital or clinic for animals, including kennels.
(12)
Radio or television broadcasting station, studio or office.
(13)
Retail store or shop.
(14)
Tavern or drive-in restaurant.
(15)
Undertaking establishment or mortuary.
(16)
Used car lot.
(17)
Bank or lending institution.
(18)
Utility service building.
(19)
Medical or dental laboratory.
(20)
The following uses provided all materials are stored and all work done on the premises is done within a building:
a.
Dyeing and cleaning establishment or laundry; provided pickup or delivery of clothing is not made to other pickup points.
b.
Painting decorators.
c.
Radio or television repair shop.
d.
Dressmaking, millinery or tailoring establishment.
e.
Upholstery shop, not involving furniture manufacturing.
f.
Any other general service or repair establishment of similar character.
(21)
A shopping center or facility composed of any one or more of the uses of this section, or any combination of such uses.
(22)
Gasoline service station (see special use category in article IV, division 3 of this chapter).
(23)
Day care center/child care center.
(24)
Miniwarehouse (see special use category in article IV, division 3 of this chapter).
(25)
Accessory structure and uses.
(Ord. No. 296, art. XI, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations of the B-2 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. XI, § 3, 9-15-1987)
_____
Off-street parking and loading spaces in the B-2 district shall be provided in accordance with the requirements for specific uses set forth in article IV, division 3 of this chapter.
(Ord. No. 296, art. XI, § 4, 9-15-1987)
Greenbelt requirements in the B-2 district shall be the same as for district B-1.
(Ord. No. 296, art. XI, § 5, 9-15-1987)
The requirements set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-1 light industrial district.
(Ord. No. 296, art. XII, § 1, 9-15-1987)
A building or premises in the M-1 district shall be used only for the following purposes:
(1)
Contractor's or construction equipment dealer's yard.
(2)
Grain and feed storage.
(3)
Heating fuel or building material storage or wholesaling, provided, that the materials shall not be extracted or processed on the premises.
(4)
Lumberyard.
(5)
Radio or television towers.
(6)
Truck terminal.
(7)
Railroad installation.
(8)
Warehouse.
(9)
Bottling plant or dairy.
(10)
Assembly of parts for production of finished equipment.
(11)
Manufacturing, fabricating, processing, or assembling uses which do not create any danger to health or safety in surrounding areas and to not create any objectionable noise, vibration, smoke, dust, odor, heat or glare, such as the following:
a.
Boats (less than five tons).
b.
Bolts, nuts, screws, washers, rivets, nails, brads, tacks, spikes, staples and similar items.
c.
Clothing.
d.
Food.
e.
Pharmaceuticals.
f.
Furniture and wood products.
g.
Glass products, but not including manufacture.
h.
Hand tool and hardware products.
i.
Ice.
j.
Musical instruments, games or toys.
k.
Office machines.
l.
Plastic products, not including processing or raw materials.
m.
Plating of silverware or utensils.
n.
Signs.
o.
Sporting goods.
p.
Automobile body shop.
q.
Other similar uses.
r.
Gasoline service station (see special use regulations in article XVI).
(12)
Pertinent accessory uses and structures.
(Ord. No. 296, art. XII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations of the M-1 district set forth in the following table shall be observed:
Yard regulations for dwellings are the same as in the R-3 multifamily district.
(Ord. No. 296, art. XII, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the M-1 district in accordance with the requirements for specific uses set forth in article IV, division 1 of this chapter.
(Ord. No. 296, art. XII, § 4, 9-15-1987)
All structures and facilities developed within the M-1 light industrial district shall provide a 20-foot greenbelt on rear and side property lines, except those property lines which are adjacent to property zoned industrial.
(Ord. No. 296, art. XII, § 5, 9-15-1987)
The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-2 industrial district.
(Ord. No. 296, art. XIII, § 1, 9-15-1987)
Any building or premises in the M-2 district shall be used only for the following purposes:
(1)
Any use permitted in the M-1 light industrial district, except that no dwelling other than that for a resident watchman, custodian or caretaker employed on the premises shall be permitted.
(2)
Any other use not in conflict with any ordinance of the city regulating nuisances; provided further, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city council after a report by the planning commission in accordance with the procedure set forth in article II, division 2 of this chapter:
a.
Abattoir.
b.
Acid manufacture.
c.
Atomic power plant or reactor.
d.
Explosives manufacture or storage.
e.
Fat, grease, lard or tallow rendering or refining.
f.
Glue or size manufacture.
g.
Garbage, offal or dead animal reduction or dumping.
h.
Petroleum refining.
i.
Stockyard or slaughter of animals.
(Ord. No. 296, art. XIII, § 2, 9-15-1987)
_____
Except as provided in article IV, divisions 1 and 4 of this chapter, the area and dimensional regulations in the M-2 district set forth in the following table shall be observed:
(Ord. No. 296, art. XIII, § 3, 9-15-1987)
_____
Off-street parking and loading spaces shall be provided in the M-2 district in accordance with the requirements for specific uses set forth in article IV, division 2 of this chapter.
(Ord. No. 296, art. XIII, § 4, 9-15-1987)
Greenbelt requirements shall be the same in this M-2 district as for district M-1.
(Ord. No. 296, art. XIII, § 5, 9-15-1987)
Planned development is a method of development which permits a tract of land to be developed as one lot, rather than separate lots. The technique is designed to encourage coordinated development; to permit higher densities in conjunction with improved, commonly or controlled, functional, open space; to promote efficient use of the land; and to be developed in compliance with an approved development plan. The PRD district shall consist of primarily residential uses, single-family detached, semidetached and attached dwellings, single-family residences, garden homes and townhouses. Minimum dwelling size shall be 1,000 square feet. A minimum site area of two contiguous acres is required of building ground coverage, 35 percent.
(Ord. No. 394, § 1, 7-17-1995)
Due to the unique character and intent of the PRD planned residential district, the following uses are permitted:
(1)
Agricultural uses: Noncommercial greenhouses and gardens.
(2)
Residential uses:
a.
Accessory structures and buildings (see accessory structures and buildings).
b.
Detached single-family structure.
c.
Garden homes.
d.
Townhouses.
(3)
Institutional uses: See special exception uses, section 98-433.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the PRD district, subject to the approval of the city planning and zoning board and further subject to appropriate permits being issued by the city: Institutional uses as follows:
(1)
Self-contained retail businesses for the residents' convenience and not to attract outside trade.
(2)
Place of worship.
(3)
Schools.
(4)
Parks and landscaped commons.
(Ord. No. 394, § 3, 7-17-1995)
Accessory structures in the PRD district shall be built in a rear yard, but such accessory structure shall not occupy more than 30 percent of the required rear yard space and shall not be closer than five feet to any side or rear lot line. A garage or carport may be located in a side yard. Accessory structure may include, but not be limited to, storage and other buildings, swimming pools, detached garages and carports.
(Ord. No. 394, § 4, 7-17-1995)
(a)
Any buffer in the PRD district shall be determined during the site plan review process. A planting strip, so planted that within one full year of its installation, will provide a visually impervious barrier, uniformly dense at all heights from the ground and a minimum of six feet tall. The entire surface of the buffer strip shall be vegetation. Within three full growing seasons after installation, such planting shall have reached a minimum height of eight feet.
(b)
Where the view from the adjoining district is blocked by a change in grade or other natural feature, a greenbelt may not be required. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, the planning commission may approve a substitute buffer.
(Ord. No. 394, § 5, 7-17-1995)
A person applying for a zoning amendment to establish a PRD planned residential development district shall submit a preliminary development plan to the planning and zoning board consisting of:
(1)
A site plan showing:
a.
The direction of north, appropriate scale and topography.
b.
The location of subject property in relation to the vicinity.
c.
The use of property adjacent to the site.
d.
The proposed density for the site.
e.
Proposed access to and traffic circulation within the site.
f.
The location, character and extent of existing vegetation, landscaping retaining and screen walls and other treatment for the protection of adjacent property.
(2)
A proposed development schedule for the project.
(Ord. No. 394, § 6, 7-17-1995)
Prior to removal of natural vegetation, restructuring of the land, or construction of any improvement in the PRD district, an approved final development plan is required. A plan shall be submitted to the planning and zoning board, which is consistent with the preliminary development and containing:
(1)
A site plan showing:
a.
The direction of north, appropriate scale and topography in not greater than five-foot contour intervals.
b.
The proposed location of all structures.
c.
The location and use of structures adjacent to the site.
d.
The location and dimensions of streets, driveways, and walks on and off the site.
e.
The facility for surface drainage of the premises.
f.
Location and character of all public improvements, including utilities.
(2)
A copy of the deed restrictions to be recorded.
(3)
Distance to the nearest accessible fire hydrant.
(Ord. No. 394, § 7, 7-17-1995)
The intent of the RT district is to provide areas suitable for single-family residences, at a medium density, with common recreation/open space.
(Ord. No. 394, § 1, 7-17-1995)
(a)
Residential uses. Residential uses permitted in the RT district are as follows:
(1)
Accessory structures and buildings, provided that they are located in the rear yard only.
(2)
Townhouses.
(b)
Institutional uses. Institutional uses permitted in the RT district are as follows: Public utility services.
(c)
Temporary uses. Temporary uses permitted in the RT district are as follows: Garage and yard sales.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the RT district, subject to approval of the zoning board of adjustments and the issuance of appropriate city permits/licenses. Commercial uses shall be home occupations, subject to section 98-602.
Townhouses shall be located at least 15 feet from the RT district boundary and 20 feet from any detached single-family residential district. This should be clearly depicted on the site development plan for an area to be developed for townhouses.
(Ord. No. 394, § 3, 7-17-1995)
The regulations of this section shall pertain to areas in the RT district with adequate sewer facilities:
(1)
Maximum density: Ten units per gross tract acre, including common area.
(2)
Minimum lot width: 18 feet at the building line.
(3)
Minimum yard setbacks:
Front: 35 feet**
Rear: 30 feet
Side: 0 feet
**The front yard may be reduced to 30 feet if parking is provided in front of the dwelling.
Maximum height: 35 feet
(4)
Minimum livable floor area:
Total minimum: 1,000 square feet
One story: 1,000 square feet
Two story: 500 square feet
(5)
Corner lots: Setbacks shall be the same on both streets, roads or highways.
(6)
Eave overhangs: Cornices or eaves may extend into adjoining property when allowed by properly executed and recorded covenants between property owners. All such cornices and eaves shall be fireproofed.
(7)
Note: A site development plan is required for all townhouse developments, as per section 98-43.
(8)
Requirements for nonsewered development: If a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for the perusal of the city planning board, prepared by a state registered professional engineer. This report shall contain all the relevant information on the site pertaining to the soil conditions, soil capacity, percolation study, proximity to floodplains, etc. The developer/builder shall be required to produce a permit from the county health department. The city shall issue a permit for the development of townhouses, to the developer/builder in concern, based on the findings and recommendations of the county health department. In accordance with these recommendations, the density, unit size and other relevant requirements for townhouses shall be provided by the city to the developer/builder.
(Ord. No. 394, § 4, 7-17-1995)
Unless otherwise specified elsewhere in this chapter, when any lot is to be developed for any use other than townhouses in the RT district, and such a lot abuts a lot occupied or zoned for townhouses, a minimum buffer yard width of 25 feet shall be provided to separate this use from the townhouse district.
(Ord. No. 394, § 5, 7-17-1995)
The intent of the RG district is to provide areas suitable for the development of garden homes (single-family residences) and selected institutional and commercial uses which are integrally related to residential neighborhoods.
(Ord. No. 394, § 1, 7-17-1995)
(a)
Residential uses. Residential uses in the RG district are as follows:
(1)
Accessory buildings and structures, provided they are located in the rear yard only.
(2)
Residential garden homes.
(b)
Institutional uses. Institutional uses in the RG district are public utility services.
(c)
Temporary uses. Temporary uses in the RG district are garage and yard sales.
(Ord. No. 394, § 2, 7-17-1995)
The following uses may be permitted in the RG district, subject to approval of the city zoning board of adjustment and the issuance of appropriate city permits/licenses: Commercial uses, home occupations, subject to section 98-602.
(Ord. No. 394, § 3, 7-17-1995)
Except as may be provided for elsewhere in this chapter, the following area and dimensional regulations shall be required in the RG garden home district:
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet at the building line.
(3)
Minimum yard setbacks:
Front: 20 feet*
Rear: 25 feet
Side: 0 feet
*The front yard may be reduced to ten feet, if an enclosed garage is provided with the unit.
(4)
Corner lots: Setbacks shall be the same on both streets, roads or highways.
Maximum height: 35 feet
Maximum floor area:
One story: 1,000 square feet
Two story: 850 square feet on first floor
(5)
Side yards are subject to the following building separation provisions:
Garden homes shall be built in such a manner that the minimum distance from the exterior surface of one unit to the exterior surface of the nearest unit shall not be less than ten feet.
No garden home residence shall be located less than 25 feet from any boundary demarcating a garden home district.
(6)
Note: A site development plan is required for all garden home developments, as per section 98-43.
(7)
Requirements for nonsewered development. If a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for the perusal of the planning board, prepared by a state registered professional engineer. This report shall contain all the relevant information, on the site, pertaining to the soil conditions, soil capacity, percolation study, proximity to floodplains, etc. The developer/builder shall be required to produce a permit from the county health department. The city shall issue a permit for the development of garden homes, to the developer/builder in concern, based on the findings and recommendations of the county health department. In accordance with these recommendations, the density, unit size and other relevant requirements for garden homes shall be provided by the city to the developer/builder.
(Ord. No. 394, § 4, 7-17-1995)
Unless otherwise specified elsewhere in this chapter, when any lot in the RG district is to be developed for any use other than garden homes and such a lot abuts a lot occupied or zoned for garden homes, a minimum buffer yard width of 25 feet shall be provided to separate this use from the garden home district.
(Ord. No. 394, § 5, 7-17-1995)
(a)
The following additional regulations shall apply to all the RG districts, unless otherwise noted:
(1)
Administration, article II of this chapter.
(2)
Definitions, article I of this chapter.
(3)
General regulations, article I of this chapter.
(4)
Supplemental regulations, article IV, division 1 of this chapter.
(5)
Special use regulations, article IV, division 3 of this chapter.
(6)
Off-street parking and loading regulations, article IV, division 2 of this chapter.
(b)
All public buildings shall have a front yard setback of 50 feet. In all other residential districts, where permitted, public buildings shall have: a rear yard of 35 feet, a side yard of 35 feet, a maximum height of 45 feet, a maximum building area of 50 percent of the lot.
(c)
There shall be two paved, off-street parking spaces per unit in the RG district, the depth of which shall be measured from the back of the curb. Twenty percent of the parking shall be dedicated to landscaping with adequate shade providing trees, grass, etc. There shall be no off-street parking along existing interior streets.
(d)
An easement appurtenance across lots shall be provided where the need arises for a property owner to cross an adjoining property to reach his/her own. Gates shall be provided if a fence extends to the property line.
(e)
The applicant shall provide for and establish an organization or other legal entity for the ownership and maintenance of any recreation/open spaces designated on the site development plan. Such organizations shall be created by covenants in relation to the land and all covenants/deed restrictions shall be duly recorded in the office of the probate judge of the county.
(f)
No fence shall be allowed in the front yard.
(g)
Private below-ground swimming pools are not permitted.
(h)
All lots shall be served by water and sewer or septic tanks.
(i)
All utilities shall be placed underground.
(j)
All garbage and refuse collection facilities shall be the responsibility of the management.
(Ord. No. 394, § 6, 7-17-1995)