The MU - Mixed Use District is designed to include a mixture of residential, office and low intensity commercial uses. The MU district is to be limited to the Old Village Section of the city, where over the years a combination of land uses has developed. Industrial uses are not considered compatible within the MU district.

(Ord. of 10-6-03)

(a)

In the mixed use district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:

(1)

One-family detached dwellings.

(2)

Two-family dwellings.

(3)

Home occupation, subject to the following:

a.

No home occupation shall be permitted that:

1.

Changes the outside appearance of the dwelling and/or property.

2.

Creates noise, vibration, glare, fumes, odors or results in electrical interference, or becomes a nuisance.

3.

Results in outside storage or display of anything including signs except for nameplate as may otherwise be allowed herein.

4.

Requires the employment of anyone in the home other than the dwelling occupant.

5.

Requires exterior building alterations to accommodate the occupation.

6.

Occupies more than 25 percent of the floor area of the dwelling or utilizes a garage or other accessory building.

7.

Requires parking for customers that cannot be accommodated on the existing driveway and/or not exceeding one parking space at curbside on the street.

8.

Requires the delivery of goods or the visit of customers before 7:00 a.m. or after 8:00 p.m.

b.

The following are permitted home occupations provided they do not violate any of the provisions of subsection (3)a of this section:

1.

Dressmaking, sewing and tailoring.

2.

Painting, sculpturing, writing or photography.

3.

Telephone answering.

4.

Home crafts, such as model making, rug weaving and lapidary work.

5.

Teaching or music lessons limited to four students at a time.

6.

Computer operations.

7.

Salesperson's office or home office of a professional person.

8.

Laundering and ironing.

9.

Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or results in electrical interference.

10.

Day care home (family).

c.

The following are prohibited as home occupations:

1.

Barbershops and beauty parlors.

2.

Dance studios.

3.

Private clubs.

4.

Repair shops which may create a nuisance due to noise, vibration, glare, fumes, odors or electrical interference.

5.

Restaurants.

6.

Stables or kennels.

7.

Tourist homes.

8.

Automobile repair or paint shops.

d.

Any proposed home occupation that is neither specifically permitted by subsection (3)b of this section nor specifically prohibited by subsection (3)c of this section shall be considered a special use and be granted or denied upon consideration of those standards contained in subsection (3)a of this section and under the procedures specified in section 78-281.

e.

Home occupation permits shall be limited to the applicant who legally resides in the residence.

(4)

Churches and other facilities normally incidental thereto subject to the following conditions:

a.

Buildings of greater than the maximum height allowed in Article XVII of this chapter may be allowed provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed and in no instance shall a principal building be set back less than 15 feet from abutting properties zoned for residential use.

b.

Non-profit day care centers may be located in a church building as an accessory use to a church.

(5)

Public, parochial and private intermediate or secondary schools offering courses in general education, not operated for profit.

(6)

Utility and public service buildings and uses (without storage yards), when operating requirements necessitate the locating of such building within the district in order to serve the immediate vicinity.

(7)

Uses and buildings of the city (without storage yards).

(8)

Day care home (group) for children subject to the following conditions:

a.

Such facility shall have received a state license to operate prior to seeking a special use permit under this chapter.

b.

Not less than 400 square feet of outdoor play area per child shall be provided on the site. The play area shall not occupy a front yard.

c.

Screening and fencing of outdoor play area shall be provided as required by the planning commission.

d.

Parking shall be provided to allow for direct drop-off and pick-up of children without requiring children to cross public streets.

(9)

Day care homes for adults subject to the following conditions:

a.

Not more than six persons other than the full-time occupants of the dwelling may be cared for in any one dwelling.

b.

No overnight accommodations shall be provided.

c.

Such facility shall not provide nursing or medical care.

d.

Parking shall be provided to allow direct drop-off and pick-up of adults without such adults having to cross public streets.

e.

Fencing of yards utilized for recreation or outdoor activities shall be provided.

(10)

Private non-commercial recreational areas, institutional or community recreation centers, and non-profit swimming pool clubs, all subject to the following conditions:

a.

The proposed site, for any of the uses permitted herein, which would attract persons from or are intended to serve areas beyond the immediate neighborhood, shall have at least one property line abutting a major thoroughfare as designated on the major thoroughfare plan.

b.

Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition.

c.

Off-street parking shall be provided so as to accommodate not less than ½ of the member families and/or individual members. The planning commission may recommend the modification of the off-street parking requirements to the zoning board of appeals in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will, therefore, be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization and such other information of the organization as determined by the zoning board of appeals shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the planning commission on the basis of usage.

d.

Whenever a swimming pool is constructed under this chapter, such pool area shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate.

e.

Buildings erected on the premises shall not exceed one-story or 14 feet in height.

f.

All lighting shall be shielded to reduce glare and shall be so arranged as to direct the light away from all residential lands which adjoin the site.

g.

All parking shall be surfaced as required in the general provisions for off-street parking requirements.

h.

The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the planning commission, who may impose any reasonable restrictions or requirements so as to ensure that contiguous residential areas will be adequately protected.

(11)

Bed and breakfast operations shall be located only on major or collector thoroughfares as designated in the city's master plan and shall further be subject to city licensing provisions. Bed and breakfast operations shall further be subject to the following:

a.

Such dwellings shall meet all applicable codes and ordinances of the city, county and state.

b.

Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the city.

c.

Buildings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.

d.

The dwelling shall be a building with not more than six sleeping rooms available for guests of the bed and breakfast dwelling.

e.

There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.

f.

Approved smoke detectors shall be provided in individual sleeping units and in common hallways.

g.

Emergency egress lighting to assure continued illumination for a duration of not less than one hour in case of emergency or primary power loss.

h.

An approved fire extinguisher in the common hallway accessible to all occupants.

i.

Every sleeping unit shall have at least one operable window approved for emergency egress or rescue, except where the sleeping unit is provided with a door to a corridor having access to two remote exits in opposite directions.

j.

Occupancy shall be of a transient nature for periods not to exceed one week in duration in any one month by any transient occupant. A guest registry indicating name, address, phone number and vehicle license number, shall be kept indicating dates of arrival and departure of guests and shall be available to the city for inspection upon request.

k.

One unlighted wall sign not exceeding six square feet in area may be provided. Such wall sign shall not be an awning, changeable copy or channel letter sign. Bed and breakfast operations shall not be permitted freestanding signs.

l.

Off-street parking shall be provided based upon one space for each rental room and one space for the operator of the facility. It is the city's intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the planning commission. In such a case the applicant shall submit an analysis of parking required and parking provided within a 300-foot radius of the subject parcel. After analyzing this data, the planning commission may lower the number of the required parking spaces based on the fact that sufficient off-street parking exists in the neighborhood.

m.

Such bed and breakfast dwelling shall not be located within two 200 feet as measured from the nearest property lines of another such facility.

(12)

Accessory buildings and uses customarily incident to any of the above permitted uses.

(b)

Required conditions. All dwelling units shall be reviewed by the building official subject to the following conditions:

(1)

Dwelling units shall conform to all applicable city codes and ordinances and state and federal requirements with respect to the construction of the dwelling.

(2)

Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance which is compatible with the dwelling and other homes in the area.

(3)

Dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(4)

Dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(5)

Dwelling units shall be provided with an exterior building wall configuration which represents an average width to depth or depth to width ratio which does not exceed three to one, or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood.

(6)

The dwelling shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever is less.

(7)

Any such dwelling shall be anchored by an anchoring system approved by the city.

(8)

The building official may request a review by the planning commission of any dwelling unit with respect to subsections (3), (4), and (5) of subsection 78-181(b). The building official or planning commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large. In reviewing any such proposed dwelling unit, the building official may require the applicant to furnish such plans, elevations and similar documentation as is deemed necessary to permit a complete review and evaluation of the proposal. When comparing the proposed dwelling unit to similar types of dwelling areas, consideration shall be given to comparable types of homes within 300 feet. If the area within 300 feet does not contain any such homes, then the nearest 25 similar type dwellings shall be considered.

(Ord. of 10-6-03; Ord. No. 2020-01, 3-2-20)

(a)

The following uses may be permitted by the planning commission subject to the conditions hereinafter imposed for each use, including the review and approval of the site plan by the planning commission, and the imposition of special conditions which, in the opinion of the commission, are necessary to ensure that the land use or activity authorized is compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the land use, and subject further to a public hearing held in accord with section 78-281:

(1)

Multiple-family dwellings.

(2)

Office buildings for any of the following occupations: governmental, executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, sales, post offices and public utility offices.

(3)

Medical office or dental office, including clinics.

(4)

Facilities for human care such as convalescent homes.

(5)

Banks, credit unions, savings and loan associations, including drive-through facilities, and similar uses.

(6)

Private clubs and lodge halls.

(7)

Off-street parking lots.

(8)

Business schools or private schools operated for profit.

(9)

Clinics and veterinary facilities provided there are no outdoor animal runs or other outdoor facilities for animals.

(10)

Meeting halls and related services.

(11)

Other uses similar to the above uses.

(12)

Accessory structures and uses customarily incident to the above permitted uses.

(13)

Any generally recognized retail business which supplies commodities on the premises, for persons residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods and notions or hardware.

(14)

Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as: shoe repair, dry cleaning shops, tailor shops, beauty parlors, barbershops, banks and savings and loan offices. Any service establishment of an office-showroom or workshop nature of an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, or an establishment doing radio, television or home appliance repair, photographic reproduction, and similar establishments that require a retail adjunct and of no more objectionable character than the aforementioned subject to the following provision: No more than five persons shall be employed at any time in the fabrication, repair and other processing of goods.

(15)

Restaurants, or other places serving food, except those having the character of a drive-in.

(16)

Professional offices of physicians, lawyers, dentists, chiropractors, architects, engineers, and similar or allied professions.

(17)

Other uses similar to the above and subject to the following restrictions:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

b.

All business, servicing or processing except off-street parking or loading, shall be conducted within completely enclosed buildings.

(18)

Accessory structures, uses and signs customarily incidental to the above permitted uses and subject to all requirements of this chapter.

(Ord. of 10-6-03)

(a)

In the case of multiple dwelling developments, all site plans shall be submitted to the planning commission for its review and approval prior to issuance of a building permit. Approval shall be contingent upon a finding that:

(1)

The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety; and

(2)

All the development features including the principal building or buildings and any accessory buildings, or uses, open spaces, and any service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property. These effects include, but are not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located as to interfere with police or fire equipment access.

(b)

All dwelling units shall be reviewed by the building official and shall be subject to the following conditions:

(1)

Dwelling units shall conform to all applicable city codes and ordinances and state or federal requirements with respect to the construction of the dwelling.

(2)

Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance which is compatible with the dwelling and other homes in the area.

(3)

Dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(4)

Dwelling units shall be provided with roof designs and roofing materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

(5)

Dwelling units shall be provided with an exterior building wall configuration which represents an average width to depth or depth to width ratio which does not exceed three to one, or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood.

(6)

The dwelling shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

Any such dwelling unit shall be anchored by an anchoring system approved by the city.

(8)

The building official may request a review by the planning commission of any dwelling unit with respect to subsections (1), (2) and (3) of this subsection. The building official or planning commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large. In reviewing any such proposed dwelling unit, the building official may require the applicant to furnish such plans, elevations and similar documentation as is deemed necessary to permit a complete review and evaluation of the proposal. When comparing the proposed dwelling unit to similar types of dwelling areas, consideration shall be given to comparable types of homes within 300 feet. If the area within 300 feet does not contain any such homes, then the nearest 25 similar type dwellings shall be considered.

(c)

No interior display shall be visible from the exterior of the building, and the total area devoted to display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed 25 percent of the usable floor area of either the first or second story, or in the basement.

(d)

The outdoor storage of goods or materials shall be prohibited irrespective of whether or not they are for sale.

(e)

Warehousing or indoor storage of goods or materials, beyond that normally incident to the above permitted uses, shall be prohibited.

(f)

Since this mixed use district is for the convenience shopping of persons residing in adjacent residential areas, permitted uses shall not include business in the character of a drive-in or open-front store.

(Ord. of 10-6-03; Ord. No. 2012-04, § 8, 11-5-12)