Saint Joseph City Zoning Code
DIVISION 2
DISTRICT REGULATIONS1
State Law reference— G.O. 2086, passed March 28, 2005 renumbered § 31-020, General requirements to § 31-015 and moved Div. 2, District regulations before § 31-015 instead of § 31-020.
Sec. 31-015. - General requirements.
(a)
No building, structure or land shall be used for any purpose other than as permitted in the district in which such building, structure or land is situated.
(b)
Except as otherwise provided by the board of adjustment:
(1)
No building or structure shall be erected, constructed, reconstructed, moved or altered other than is permitted in the district in which such building or structure is situated.
(2)
No building or structure shall be erected, constructed, reconstructed, moved or altered, to exceed the height or area limit, or diminish the yard or parking requirement herein established for the district in which such building or structure is located.
(3)
No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by these requirements; nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.
(c)
Every building hereafter erected or altered and every main use hereinafter permitted shall be located on a lot as herein defined, and in no case shall there be more than one main building or use and the accessory buildings or uses customarily incidental thereto on one lot in all zones except planned development zones for which a conceptual development plan has been approved.
(Code 1969, § 26-050; G.O. 1147, 1-31-94 [Sec. 31-050]; G.O. 1272, 3-27-95; G.O. 1393, 4-22-96)
Sec. 31-018. - A-1 General Agricultural District.
(a)
Purpose. The purpose of the A-1 General Agricultural District is to provide locations for the furtherance of agriculturally-oriented activities, and to prevent premature development of areas anticipated to be prime land for agricultural or other future uses.
(b)
In A-1 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the A-1 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the A-1 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the A-1 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. In A-1 districts, the maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area permitted for any lot, shall be as follows. (For exceptions see Section 31-055.) Regardless of use, no building shall be constructed within any intersection visibility triangle as defined in the zoning ordinance appendix.
(1)
Height. No maximum building height is required.
(2)
Front yard. The minimum front yard setback for all buildings, including but not limited to dwellings, shall be 50 feet, except for farming structures in which case no minimum setback is required.
(3)
Side yard. The minimum side yard setback from the property line or right-of-way line shall be 15 feet, except for farming structures in which case no minimum setback is required.
(4)
Rear yard. The minimum rear yard setback from the property line or right-of-way line shall be 75 feet, except for farming structures in which case no minimum setback is required.
(5)
Minimum lot area.
a.
For permitted uses: agriculture uses, 40.0 acres; dwellings, 20.0 acres; and other permitted uses, 3.0 acre.
b.
For conditional uses: Schools, 5.0 acres; dwellings, 3.0 acres; and other conditional uses, 3.0 acre.
This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses for any legal lot of record with less than 3.0 acres as of the effective date of this ordinance, provided that it meets the minimum lot requirements for permitted sanitary sewage disposal.
(6)
Minimum lot width. The minimum lot width shall be 200 feet, except for lots used for farming activities in which case no minimum lot width is required. This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses for any legal lot of record with a lot width of less than 200 feet as of the effective date of this ordinance.
(7)
Parking regulations. See Section 31-053, Off-street parking and loading.
(G.O. 2086, 3-28-05; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-019. - A-OR Agricultural, Outer Residential District.
(a)
Purpose. The purpose of the A-OR Agricultural, Outer Residential District is to permit a combination of rural residential living with animal husbandry as defined in this section.
(b)
In A-OR districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the A-OR district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the A-OR district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the A-OR district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. In A-OR districts, the maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area permitted for any lot, shall be as follows. (For exceptions see Section 31-055.) Regardless of use, no building shall be constructed within any intersection visibility triangle as defined in the zoning ordinance appendix.
(1)
Height. The maximum building height shall be 35 feet or two and a half stories.
(2)
Front yard. The minimum front yard setback shall be 50 feet, except for accessory structures as provided for in Section 31-050 of the zoning ordinance.
(3)
Side yard. The minimum side yard setback from the property line or right-of-way line shall be 15 feet, except for accessory structures as provided for in Section 31-050 of the zoning ordinance.
(4)
Rear yard. The minimum rear yard setback from the property line or right-of-way line shall be 75 feet, except for accessory structures as provided for in Section 31-050 of the zoning ordinance.
(5)
Minimum lot area.
a.
For permitted uses: 3.0 acre.
b.
For conditional uses: Schools, 5.0 acres; and other conditional uses, 3.0 acre.
This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses for any legal lot of record with less than 3.0 acres as of the effective date of this ordinance, provided that it meets the minimum lot requirements for permitted sanitary sewage disposal.
(6)
Minimum lot width. The minimum lot width shall be 200 feet. This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses for any legal lot of record with a lot width of less than 200 feet as of the effective date of this ordinance.
(7)
Parking regulations. See Section 31-053, Off-street parking and loading.
(8)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(G.O. 2086, 3-28-05; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-020. - R-1SH Single-Family/Small House Residential District.
(a)
Purpose. This is a residential district intended for single-family small houses under 900 square feet. The principal use of the land is for single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.
(b)
Permitted uses. For uses permitted within the R-1SH district, refer to District Use Table in Section 31-048.
(c)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-1SH district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(d)
Use limitations. For specific limitations on uses within the R-1SH district as outlined in Section 31-048, refer to Section 31-049.
(e)
New developments. Require platting or re-platting of the property under standard platting/re-platting guidelines for developments containing two or more lots.
(f)
Height, setback, yard and area requirements are as follows:
(1)
Minimum lot width is a lot 30 feet of street frontage and a corner lot 40 feet.
(2)
Minimum lot depth: 75 feet.
(3)
Minimum lot area: 2,250 square feet.
(4)
Minimum yards.
a.
Front yard. No building shall be located within 55 feet into the property as measured from the centerline of the street. No building shall be located in the front yard between the primary building and the front property line.
b.
Side yard.
1.
Interior lots. No building shall be located within seven feet of any side property line. No accessory building shall be located within five feet of any side property line.
2.
Corner lots. No building or accessory building shall be located within 15 feet of the side street right-of-way. No building shall be located within seven feet of the interior side property line. No accessory building shall be located within five feet of the interior side property line.
c.
Rear yard. No building shall be located within 25 feet of the rear property line. No accessory building shall be located within three feet of any rear property line.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50 percent of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
The following sections shall be the same as those listed in R-1A single-family residential district:
a.
Intensity of use.
b.
Minimum open space.
c.
The combined area of detached accessory buildings shall not exceed the area of the first floor of the dwelling.
(g)
Minimum requirements. The following are minimum requirements for small house construction and placement:
(1)
Height. Maximum structure height two stories or 30 feet.
(2)
Living space. Maximum square footage including all floors 900 square feet and minimum square footage including all floors 128 square feet.
(3)
Foundation. Must be a continuous frost proof footing.
(4)
Anchor. House must be anchored to withstand minimum 90 mph wind load.
(5)
Roof. Must be pitched roof constructed of composite shingles.
(6)
Building code. Storage buildings or sheds converted to small houses are not accepted and the units must have characteristics of a typical home.
(7)
Parking regulations. See Section 31-053, Off-street parking and loading.
(8)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(G.O. 2861, 7-2-18; G.O. 3026, 4-4-22)
Sec. 31-021. - R-1A Detached Single-Family Residential District.
(a)
Purpose. The R-1A districts are intended to create, preserve and enhance areas suitable for detached single family dwellings at low densities in order to:
(1)
Enhance the identity of residential neighborhoods;
(2)
Ensure provision of light and air to individual residential parcels;
(3)
Maintain spatial relationships between structures and within neighborhoods; and
(4)
Reinforce the predominantly low intensity setting of R-1A districts.
(b)
In district R-1A no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-1A district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-1A district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-1A district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. In district R-1A the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per unit permitted on any lot, shall be as follows: (For exceptions see Section 31-055.)
(1)
Height. Buildings or structures shall not exceed 35 feet, or two and one-half stories in height.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street right-of-way as follows, but in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be seven feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows: (For reverse corner lots, see Section 31-055.)
(4)
Rear yard. The minimum rear yard setback shall be 30 feet.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50% of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
Minimum lot area. Except where the minimum lot area for certain conditional uses is specified as three acres, the minimum lot size shall be 8,000 square feet. This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses and/or structures for a legal lot of record as of the effective date of this ordinance with less than 8,000 square feet.
(7)
Minimum lot width. The minimum width of a lot shall be 70 feet. This regulation shall not prohibit the erection of a detached single unit dwelling where a lot of record has less than 70 feet of lot width.
(8)
Parking regulations. See Section 31-053, Off-street parking and loading.
(9)
Swimming pools. Private swimming pools having a water depth of two feet or more, must meet the following conditions:
a.
Shall not be located less than ten feet from any rear or side lot line, and in the case of corner lots, not less than 15 feet from a side street line.
b.
Shall not be less than 30 feet from the front property line, if located in the side yard.
c.
Shall not extend forward of the established front building line.
d.
If located in the side yard, it shall not be less than 30 feet from the front property line.
e.
The swimming pool area shall be entirely enclosed and separated from the remainder of the property by a protective fence or other permanent structure at least four feet in height, and be maintained by locked gates or entrances.
f.
Shall be located at least ten feet from overhead electrical conductors.
(10)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-100 [Sec. 31-100]; G.O. 1393, 4-22-96; G.O. 1619, 3-23-98; G.O. 1875, 4-1-02; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-022. - District R-1B Detached Single-Family Residential District.
(a)
Purpose. The R-1B districts are intended to create, preserve and enhance areas suitable for detached single family dwellings at low densities in order to:
(1)
Enhance the identity of residential neighborhoods;
(2)
Increase the variety of detached single family dwelling types in the city;
(3)
Ensure the provision of light and air to individual parcels;
(4)
Maintain spatial relationships between structures and within neighborhoods; and
(5)
Reinforce the predominantly low intensity setting of R-1B districts.
(b)
In district R-1B no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-1B district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-1B district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-1B district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. In district R-1B, the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per unit permitted on any lot shall be as follows: (For exceptions see Section 31-055.)
(1)
Height. Buildings and structures shall not exceed 35 feet or two and one-half stories.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be six feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setbacks. The minimum rear yard setback shall be 25 feet.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50 percent of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
Minimum lot area. Except where the minimum lot area for certain conditional uses is specified as three acres, the minimum lot area shall be 6,000 square feet. This regulation shall not prohibit the construction of a detached single-family dwelling with permitted accessory uses and/or structures on a lot of record as of the effective date of this ordinance with less than 6,000 square feet.
(7)
Minimum lot width. The minimum width of a lot shall be 60 feet. This regulation shall not prohibit the construction of a detached single unit dwelling with appropriate accessory structures on a lot of record with less than 60 feet of lot width.
(8)
Parking regulations. See Section 31-053, Off-street parking and loading.
(9)
Swimming pools. See swimming pool regulations contained in R-1A district, Section 31-021.
(10)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-110 [Sec. 31-110]; G.O. 1393, 4-22-96; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-023. - District R-2 Two-Family Residential District.
(a)
Purpose. The District R-2, Two-Family Residential, is intended to allow a second dwelling unit under the same ownership as the initial dwelling. The duplex zoning is intended to increase the variety of housing opportunities available within the community while maintaining a low intensity residential character.
(b)
In district R-2 no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-2 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-2 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-2 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations: In district R-2 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per unit permitted on any lot shall be as follows: (For exceptions see Section 31-055.)
(1)
Height. Buildings and structures shall not exceed 35 feet or two and one-half stories.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be six feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setback. The minimum rear yard setback shall be 25 feet.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50 percent of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
Minimum lot area. The minimum lot area shall be 6,000 square feet for a detached single-unit dwelling, or 3,000 square feet per living unit for a duplex unit. This regulation shall not prohibit the construction of a detached single-unit dwelling with appropriate accessory structures on a lot of record with less than 6,000 square feet of lot size.
(7)
Minimum lot width. The minimum width of a lot shall be 60 feet. This regulation shall not prohibit the construction of a detached single-unit dwelling with appropriate accessory structures on a lot of record with less than 60 feet of lot width.
(8)
Parking regulations. See Section 31-053, Off-street parking and loading.
(9)
Swimming pools. See swimming pool regulations contained in R-1A district, Section 31-021.
(10)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-120 [Sec. 31-120]; G.O. 1393, 4-22-96; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-024. - District R-3 Garden Apartment Residential District.
(a)
Purpose. The R-3, Garden Apartment Residential District is intended to provide for multiple unit housing and to establish the regulations pertaining thereto. These regulations are intended to guide future multiple unit residential development and ensure a healthy functional environment for future residents within the proposed development and for and between adjoining parcels.
(b)
In district R-3, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-3 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-3 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-3 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. Detached single-family dwellings in this district shall conform to the height and area regulations of district R-1B, and two-family dwellings shall conform to the height and area regulations, of district R-2. For all other buildings in district R-3 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area permitted on any lot shall be as follows: (For exceptions see Section 31-055.)
(1)
Height. Buildings or structures shall not exceed 45 feet or three stories in height.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be seven feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setback. The minimum rear yard setback shall be 25 feet.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50 percent of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
Minimum lot area. The minimum lot area for a multiple unit housing project developed under this section shall be 6,000 square feet for the first three units and 2,000 additional square feet for each additional living unit over three.
Where a lot of record contains less area than herein required at the time of passage of the ordinance, this regulation shall not prohibit the construction of a detached single-unit building.
(7)
Minimum lot width. The minimum width of a lot shall be 100 feet. Where a lot of record has less width than required at the time of the passage of this ordinance, this regulation shall not prohibit the construction of a detached single-unit dwelling.
(8)
Parking regulations. See Section 31-053, Off-street parking and loading.
(9)
Swimming pools. See swimming pool regulations contained in R-1A district, Section 31-021.
(10)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-130 [Sec. 31-130]; G.O. 1393, 4-22-96; G.O. 1826, 5-29-01; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-025. - District R-4 Apartment Residential District.
(a)
Purpose. The R-4, Apartment Residential District is intended to provide for higher density multiple unit housing and to establish the regulations pertaining thereto. These regulations are intended to guide future multiple unit residential development in this zoning district and to ensure a healthy functional environment for future residents within the proposed developments and for and between adjoining parcels.
(b)
In district R-4 no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-4 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-4 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-4 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations. Detached single-family dwellings in this district shall conform to the height and area regulations of district R-1B and two-family dwellings shall conform to the height and area regulations of district R-2. Garden apartment buildings or townhouses buildings in this district shall conform to the height and area regulations of district R-3. For all other buildings in district R-4 the height of buildings, minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 31-055.)
(1)
Height. No maximum height.
(2)
Front yard setback. The minimum front yard setback shall be 25 feet, provided that the front yard setback shall be increased by one foot for each additional two feet in building height in excess of six stories or in excess of 75 feet.
In addition, the front yard area shall be measured from the centerline of the fronting street as follows:
(3)
Side yard. The minimum side yard setback on each side shall be seven feet, provided that the side yard setback regulation shall be increased by an additional two feet for each additional story in excess of two stories.
In addition, on the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setback. The minimum rear yard setback shall be 25 feet, provided that the rear yard setback shall be further increased by one foot for each additional two feet in building heights above six stories or 75 feet.
(5)
Contextual setbacks. Applicable when a development is occurring as infill on an existing block face that is not part of a (P) district, where more than 50 percent of existing lots are occupied by existing dwellings of a similar nature with front setbacks that are less than required by the current underlying zoning and is served by existing streets, otherwise standards in subsections 31-020(e)(1)—(4) shall apply:
a.
Front yard: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lots adjacent (left or right of subject property) and oriented to the same street as the subject lot.
b.
Corner lots: May be at a point between the required front setback in subsection 31-020(e)(4) and the front setback that exists on the closest, developed lot adjacent and oriented to the same street as the subject lot. In no instance may the structure impede the sight triangle.
c.
Side and rear yards: Standards outlined in subsection 31-020(e)(4) shall apply.
(6)
Minimum building size. All sanitariums, nursing homes and homes for the aged shall provide a minimum of 150 square feet of living floor area per person housed therein.
(7)
Minimum lot area. The minimum lot area for multiple unit housing developed under this section shall provide a lot area of 12,000 square feet or 1,000 square feet per family whichever provides the greater area.
Where a lot of record contains less area than required at the time of the passage of this ordinance, this regulation shall not prohibit the construction of a detached single-family dwelling.
(8)
Minimum lot width. The minimum width of a lot shall be 100 feet. Where a lot of record has less width than herein required at the time of the passage of this ordinance, this regulation shall not prohibit the construction of a detached single-unit dwelling.
(9)
Parking regulations. See Section 31-053, off-street parking and loading.
(10)
Swimming pools. See swimming pool regulations contained in R-1A district, Section 31-021.
(11)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-140 [Sec. 31-140]; G.O. 1393, 4-22-96; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-026. - District R-5 Mobile Home Park and Mobile Home Subdivision District.
(a)
Purpose. The R-5, Mobile Home Park and Mobile Home Subdivision District, is intended to provide for a desirable residential environment in a low density setting while protecting from potentially adverse neighboring influences and protection of property values for other residential districts. This section is intended to regulate the location, and spatial relationships to and from adjoining parcels and to and from adjoining mobile home units, in order to meet these purposes. Mobile home parks are not intended to be subdivided into individual ownership lots.
(b)
In district R-5, no building, structure, land or premises shall be used; and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the R-5 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the R-5 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the R-5 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Height and area regulations—Mobile home parks. Detached single-family dwellings in this district shall conform to the height and area regulations of district R-1B and two-family dwellings shall conform to the height and area regulations of district R-2. Garden apartment buildings or townhouse buildings in this district shall conform to the height and area regulations of district R-3. All permitted uses allowed in district R-4 in this district shall conform to the height and area regulations of district R-4. For all other buildings in district R-5 the height of buildings, the minimum dimensions of mobile home spaces and yards and the minimum area per unit permitted on any mobile home space shall be as follows:
(1)
Height: Buildings or structures shall not exceed 20 feet or two stories in height.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be 15 feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setback. The minimum rear yard setback shall be 15 feet.
(5)
Minimum space between units. The minimum space between mobile home units shall be governed by the minimum requirements contained in the BOCA code.
(6)
Minimum area per unit. The minimum space area for a single wide mobile home shall be 2,560 square feet, the minimum space area for a double wide mobile home shall be 3,080 square feet.
(7)
Minimum area. The minimum area for a mobile home park in this district shall be one-half acre.
(8)
Parking regulations. Parking spaces shall be provided at the rate of at least one and one-half car spaces for each mobile home space.
(9)
Swimming pools. See swimming pool regulations contained in R-1A district, Section 31-021.
(g)
Height and area regulations—Mobile home subdivisions. Detached single-family dwellings in this district shall conform to the height and area regulations of district R-1B and two-family dwellings shall conform to the height and area regulations of district R-2. Garden apartment buildings or townhouse buildings in this district shall conform to the height and area regulations of district R-3. All permitted uses allowed in district R-4 shall conform to the height and area regulations of district R-4. For all other buildings in district R-5 the height of buildings, the minimum dimensions of mobile home spaces and yards and the minimum area per unit permitted on any mobile home space shall be as follows:
(1)
Height. Buildings and structures shall not exceed 20 feet or two stories in height.
(2)
Front yard setbacks. The minimum front yard set back shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard set back be less than 30 feet.
(3)
Side yard. The minimum side yard set back shall be six feet. On the street side of a corner lot, the minimum side yard area shall be measured from the centerline of the adjacent street as follows:
(4)
Rear yard setback. The minimum rear yard setback shall be 15 feet.
(5)
Minimum lot area. The minimum lot area for a mobile home subdivision shall be 6,000 square feet.
Where a lot of record contains less area than required at the time of the passage of this ordinance, this regulation shall not prohibit the construction of a detached single-unit dwelling.
(6)
Minimum lot width. The minimum lot width for a mobile home subdivision shall be 60 feet.
(7)
Parking regulations. See Section 31-053, off-street parking and loading.
(8)
Note. Mobile home subdivisions must also comply with the requirements of the Code of Ordinances, Chapter 26, Subdivisions.
(9)
Swimming pools. See Swimming pool regulations contained in R-1A district, Section 31-021.
(10)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-150 [Sec. 31-150]; G.O. 1393, 4-22-96; G.O. 2351, 11-2-09; G.O. 3026, 4-4-22)
Sec. 31-028. - C-0 Nonretail Commercial District.
(a)
Purpose. The C-0 district is designed to accommodate a demonstrated need for development of office space adjacent to residential uses and which may be inappropriate for other commercial uses. It is intended that the appropriate building setback buffers and on-site parking facilities requirements will create a compatible transition of uses from adjacent residential neighborhoods.
(b)
In district C-0 no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the C-0 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the C-0 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the C-0 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. The following standards shall not be exceeded by any permitted use in this district:
(1)
No outside storage of equipment or material is permitted.
(2)
Storage of vehicles used for business purposes is limited to a maximum of two or less. Storage of any vehicle with the following characteristics is not permitted during non-business hours.
a.
An overall length of greater than 22 feet; and/or
b.
A wheel base greater than 14.5 feet; and/or
c.
An overall height greater than nine feet.
(3)
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or injurious to humans or property shall be produced.
(4)
Parking lot lighting shall be shielded or directed so that it produces no off-site glare.
(5)
Retail merchandise may be handled or displayed provided the sale of merchandise is clearly incidental or subsidiary to the main office use and provided only for the convenience of employees or customers of the principle use.
(6)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations. In district C-0, the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-4. (For exceptions see Section 31-055.)
(1)
Height. Buildings or structures shall not exceed 45 feet, or three stories in height.
(2)
Front yards. The minimum front yard area shall be measured from the centerline of the fronting street to the front of the structure as follows, and in no case shall the front yard setback be less than 30 feet.
(3)
Side yard. The minimum side yard setback shall be seven feet. For corner lots, the street side yard area shall be measured from the centerline of the adjoining street as follows and in no case shall the side yard setback be less than seven feet.
(4)
Rear yards. There shall be a rear yard of not less than 25 feet.
(5)
Minimum lot width. No minimum width.
(6)
Lot area per family. Same as district R-4.
(7)
Appearance standards. The appearance of development should be of a scale and style appropriate for the surrounding area and uses.
(8)
Parking regulations. See Section 31-053, off-street parking and loading.
(9)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-200 [Sec. 31-200]; G.O. 1393, 4-22-96; G.O. 1499, 4-7-97; G.O. 1619, 3-23-98; G.O. 1824, 5-29-01; G.O. 1988, 11-24-03; G.O. 2351, 11-2-09; G.O. 2730, 5-27-14; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Sec. 31-029. - C-1 Neighborhood Shopping District.
(a)
Purpose. The C-1 Neighborhood Shopping District is intended for uses that provide convenience goods or personal services primarily to people residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood sales and service uses permitted in this district. This district is also intended to accommodate compact, freestanding commercial centers or to function as a transition between more intense commercial uses and residential neighborhoods.
(b)
Use regulations. In district C-1 no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the C-1 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the C-1 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the C-1 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. The following standards shall not be exceeded by any use in this district:
(1)
No wholesale sales shall be conducted.
(2)
Merchandise or equipment which is displayed outside of a building shall be for temporary sales or special events only not to exceed 14 calendar days once every quarter of a calendar year, shall be kept off the public sidewalk or street right-of-way, shall not reduce the capacity of a parking lot below that required by this ordinance and shall not occupy an area greater than 20 percent of the ground floor area of the building.
(3)
No merchandise or equipment shall be stored outside of a building during non-business hours except licensed vehicles in working condition and used for business purposes which are limited to a maximum of two vehicles neither of which has:
a.
An overall length of greater than 22 feet; and/or
b.
A wheel base greater than 14.5 feet; and/or
c.
An overall height greater than nine feet.
(4)
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or injurious to humans or property shall be produced.
(5)
Parking lot lighting shall be shielded or directed so it produces no off-site glare.
(6)
Prior to issuance of permits for vehicle fueling or service stations, a site plan shall be provided by the petitioner, specifying design elements that assure that the intended use is aesthetically and functionally compatible with adjacent residential uses. The site plan must be approved by the Commission and must include the following information and/or comply with the following standards:
a.
Not more than three hoses installed and not within 100 feet of any building used in whole or part for residential purposes, or from a hospital, school, church, theater or of any like building used regularly as a place of assembly, nor shall a permit be granted for any building as described above on adjacent property closer than the prescribed distance.
b.
Pumps are to be at least 50 feet from any parking area and to be in a protected location, at least 50 feet from points of entrance and exit from the street.
c.
No more than two lights, not to exceed 400 watts, directed at the pumps and toward the ground.
d.
Drive-through ability for fuel transports so as to minimize maneuvering and backing of fuel transport vehicles onto public streets.
e.
Not more than two signs and not exceeding two square feet in area per sign. Located on the pumps or on separate standards.
(7)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations. In district C-1 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-4: (For exceptions see Section 31-055)
(1)
Height. Buildings or structures shall not exceed 45 feet and three stories in height.
(2)
Front yards. The minimum front yard area shall be measured from the centerline of the fronting street to the front of the structure as follows, and in no case shall the front yard setback be less than 30 feet:
(3)
Side yards. No side yards are required for buildings in this district, unless the side of a lot abuts a lot on which there is a dwelling, in which event there shall be a side yard of not less than five feet on the side next to the lot on which there is a dwelling. On a corner lot, the street side yard shall be measured from the centerline of the adjoining street as follows, but in no case shall the side yard setback be less than five feet:
(4)
Rear yards. No rear yard is required, except that when a rear lot line abuts a lot on which there is a dwelling, a rear yard of not less than ten feet shall be provided.
(5)
Lot area per unit. Same as district R-4.
(6)
Lot width. No minimum width.
(7)
Appearance standards. The appearance of development should be of a scale and style appropriate for the surrounding area and uses.
(8)
Parking regulations. See Section 31-053, off-street parking and loading.
(9)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-210 [Sec. 31-210]; G.O. 1393, 4-22-96; G.O. 1500, 4-7-97; G.O. 2351, 11-2-09; G.O. 2730, 5-27-14; G.O. 2910, 4-22-19; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Sec. 31-030. - C-2 Downtown Business District.
(a)
Purpose. The C-2, General Business District, is intended to be a multi-use district that accommodates a variety of residential, commercial and office activities in a concentrated area primarily serving the "Downtown Business District". This area generally developed early in the city's history and has traditionally been the city's core business and trade area. This area has suffered due to continued development patterns on the outskirts of the city and decline in the residential areas adjacent to this district. These district regulations and use groupings are intended to strengthen the business level of the downtown business district and re-establish its contribution to the vitality of the city.
(b)
Use regulations. In district C-2 no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the C-2 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the C-2 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the C-2 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. The following standards shall not be exceeded by any use in this district:
(1)
Merchandise which is displayed outside a building shall be kept off the public sidewalk or street right-of-way and shall not reduce the capacity of a parking lot below that required by this ordinance.
(2)
No merchandise or equipment shall be stored outside of a building during non-business hours, except licensed vehicles in working condition and used for business purposes which are limited to a maximum of two vehicles neither of which has:
a.
An overall length of greater than 22 feet; and/or
b.
A wheel base greater than 14.5 feet; and/or
c.
An overall height greater than nine feet.
(3)
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or injurious to humans or property shall be produced.
(4)
Parking lot lighting shall be shielded or directed so that it produces no off-site glare.
(5)
Prior to issuance of permits for service stations, a site plan shall be provided by the petitioner, specifying design elements that assure that the intended use is aesthetically and functionally compatible with adjacent residential uses. Plan is to receive approval of the commission and includes:
a.
The hoses installed shall not be within 100 feet of any building used in whole or part for residential purposes, or from a hospital, school, church, theater or of any like building used regularly as a place of assembly, nor shall a permit be granted for any building as described above on adjacent property closer than the prescribed distance.
b.
Pumps are to be at least 50 feet from any parking area and to be in a protected location, at least 50 feet from points of entrance and exit from the street.
c.
Drive-through ability for fuel transports so as to minimize maneuvering and backing of fuel transport vehicles onto public streets.
(6)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations. In district C-2, the height of buildings, minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-4: (For exceptions see Section 31-055.)
(1)
Height. No maximum height.
(2)
Front, side and rear yards. There shall not be any front, side or rear yard requirements for structures in the C-2 district which do not exceed 75 feet or five stories in height, whichever is less. For structures in the C-2 district which exceed 75 feet or five stories in height, there shall be a front, side and rear yard requirement of one foot for each additional two feet of building height.
(3)
Lot width. No minimum width.
(4)
Lot area per dwelling unit. Same as district R-4.
(5)
Appearance standards. The appearance of development should be of a scale and style appropriate for the surrounding area and uses.
(6)
Parking regulations. See Section 31-053, off-street parking and loading.
(7)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-220; G.O. 1140, 12-20-93 [Sec. 31-220]; G.O. 1393, 4-22-96; G.O. 1501, 4-7-97; G.O. 1619, 3-23-98; G.O. 2730, 5-27-14; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Sec. 31-031. - C-3 Commercial District.
(a)
Purpose. The intent of the C-3, Commercial District, is to permit and regulate those businesses and commercial uses which are appropriately located on or near major traffic arterials. These uses include community wide retail or wholesale trade or services which tend to generate a high level of vehicular traffic and require a high level of visibility. These types of uses are generally not compatible in residential areas and should be appropriately screened and buffered from those areas.
(b)
Use regulations. In district C-3 no building, structures, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the C-3 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the C-3 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the C-3 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. The following standards shall not be exceeded by any permitted use in this district:
(1)
Any manufacturing or assembly of products as permitted in Section 31-048 shall be entirely within a totally enclosed building.
(2)
Automobiles, trucks, boats, large equipment and similar items in working and orderly condition may be stored or displayed outside a building but no closer than 15 feet to a street line. Other merchandise for sale which may appropriately be displayed or stored outside a building shall be kept off the public sidewalk or street right-of-way and shall not reduce the capacity of a parking lot below that required by this ordinance.
(3)
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or injurious to humans or property shall be produced.
(4)
Parking lot lighting shall be shielded or directed so that it produces no off-site glare.
(5)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations. In district C-3 the height of buildings, the minimum dimension of lots and yards and the minimum lot area per family permitted on any lot shall be as follows, all buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-4: (For exceptions see Section 31-055.)
(1)
Height. Buildings or structures shall not exceed 45 feet or three stories in height.
(2)
Front yards. The minimum front yard area shall be measured from the centerline of the fronting street to the front of the structure as follows, and in no case shall the front yard setback be less than 30 feet.
(3)
Side yards. No side yards are required for buildings in this district, unless the side of a lot abuts a lot on which there is a dwelling, in which event there shall be a side yard of not less than five feet on the side next to the lot on which there is a dwelling. On a corner lot, the street side yard shall be measured from the centerline of the adjoining street as follows, but in no case shall the side yard setback be less than five feet.
(4)
Rear yards. No rear yard required, except that when a rear lot line abuts a lot on which there is a dwelling, a rear yard or not less than ten feet shall be provided.
(5)
Appearance standards. The appearance of development should be of a scale and style appropriate for the surrounding area and uses.
(6)
Lot area per family. Same as district R-4.
(7)
Lot width. No minimum width.
(8)
Parking regulations. See Section 31-053, off-street parking and loading.
(9)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-230 [Sec. 31-230]; G.O. 1393, 4-22-96; G.O. 1502, 4-7-97; G.O. 2317, 1-26-09; G.O. 2351, 11-2-09; G.O. 2361, 11-30-09; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Editor's note— G.O. 1147, passed 1-31-94 repealed all references in the Code providing for mobile homes in districts other than R-5 "mobile home parks".
Sec. 31-033. - District B-P Business Park Districts.
(a)
Purpose. The purpose of the business park districts and subdistricts is to establish use regulations, performance standards, height and area regulations and design guidelines to regulate and control new development as well as the expansion of existing uses in older, mixed commercial/industrial areas of the city which have developed pursuant to cumulative use zones permitting a broad range of uses and economic additives, some of which are in conflict or which otherwise deter new investment and reinvestment in the area. The business park districts and subdistricts are, therefore, designed:
(1)
To consolidate compatible uses within appropriate districts to ensure expansion opportunities for existing uses as well as to provide protection for new uses; and
(2)
To regulate uses at the boundaries of such districts to control incompatibilities and adverse impacts on uses in adjacent zoning districts or subdistricts.
(b)
Districts and subdistricts. The business park districts and subdistricts (see Table B, page 104) include the following:
Commercial B-P(C).
Wholesale Trade and Business Services B-P(W).
Distribution/Warehousing/Light Manufacturing B-P(D).
(c)
Use regulations. In district B-P, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or moved, except for one or more of the following permitted or conditional uses as listed in Table A, Table of Permitted Uses, Special Permit Uses and Prohibited Uses (see page 101). Conditional uses may be allowed provided they meet the provisions of and a conditional use permit is issued in accordance with Section 31-070.
(d)
Height and area regulations. In district B-P, the minimum parcel area, minimum parcel dimensions (width and depth), minimum yard dimensions (front, side and rear), maximum building height, maximum building coverage and maximum off-street parking ratio applicable to buildings or structures hereafter erected, constructed or moved and applicable to non-conforming uses and/or nonconforming buildings considered as a business entity and hereafter enlarged, extended or reconstructed, except as provided in subsection 31-056(h) shall be as shown in Table B, Height and Area Regulations for Business Park Districts (see page 104).
(e)
Parking regulations. The parking requirements for uses in the business park district shall be as required for the various uses in Section 31-053.
(f)
Design standards. In district B-P, no building or structure shall be hereafter erected, constructed or moved and no conforming use and/or building considered as a business entity shall be enlarged, extended or reconstructed, except as provided in subsection 31-056(h) unless such use conforms with the design standards as follows:
(1)
Landscape setback/buffer area and screening standards:
a.
Purpose and applicability.
1.
The purpose of the landscape setback/buffer area is to separate potentially conflicting land uses and to provide a visual buffer between such uses. The landscape setback/buffer area is required for all new permitted and conditionally permitted uses in the business park zoning districts.
2.
The purpose of the screening requirements is to shield certain accessory structures and uses associated with new permitted and special permit uses through the use of planting and/or structural screen walls. The screening requirements shall be applicable to the following (and any similar) accessory uses and structures:
[a]
Outdoor storage areas;
[b]
Outdoor service and loading areas;
[c]
Refuse collection areas;
[d]
Exterior mechanical and utility equipment;
[e]
Exterior maintenance equipment; and
[f]
Exterior communications apparatus.
3.
The purpose of the street tree requirement is to create a more desirable visual image along streets in the business park zoning districts. The street tree requirement shall be applicable to all new permitted and special permit uses in the business park zoning districts.
b.
Landscape setback/buffer area requirements. A landscape setback/buffer area is required along the common property line associated with the side and rear yard areas of new permitted and special permit uses pursuant to Table B (see page 104) and Chart I (see page 105).
c.
Landscape setback/buffer area design standards.
1.
The minimum quantity of trees and shrubs within the side and rear yard landscape setback /buffer area shall be as follows:
[a]
The ten-foot landscape setback shall require one tree and two shrubs per 30 feet along the length of the buffer; and
[b]
The five foot landscape setback shall require one tree and two shrubs per 20 feet along the length of the buffer.
2.
The required trees and shrubs may be clustered or grouped in a natural arrangement within the buffer area.
3.
Ground cover shall have a minimum of 60 percent living grass or other ground cover type plant material; the remaining 40 percent may be nonliving, consisting of bark, wood chips, decorative rock or stone or other similar material.
4.
Depending on the size and spacing of the selected palette of trees, trees may be located outside of, but adjacent to the buffer area.
5.
All trees shall be a minimum diameter of two inch caliper, and all shrubs shall be a minimum container size of five gallons with a minimum mature height of four to six feet.
6.
The required landscape setback/buffer area is a minimum width. Additional area adjacent to the required buffer area may be utilized for the location/siting of required trees and/or to achieve a specific design intent.
d.
Landscape maintenance standards.
1.
Plant materials that have died or are no longer functional shall be replaced within one year.
2.
Plant materials shall be maintained in such a manner as to preserve their functional and aesthetic integrity.
3.
All trees adjacent to pedestrian and vehicular spaces shall be maintained so that mature branching occurs a minimum of seven feet from the ground.
4.
All shrubs and trees shall be planted so as to avoid obstructing visibility from a vehicle. A clear sight triangle of 25 feet from an intersection shall be established to ensure such visibility and safety.
e.
Screening requirements: Each accessory use and structure listed in Table A associated with new permitted and special permit uses shall be totally screened by a 100 percent opaque structure, including fences and walls, to a minimum six foot height such that the use or activity is not visible from adjacent uses or streets. The opaque structure shall be located as near as possible to the use or activity without interfering with the functional requirements of the use or activity.
f.
Preexisting uses.
1.
Existing principal uses or structures in the business park zoning districts with an accessory use or structure listed in Table A shall, in the interest of furthering the public welfare and protecting the public health and safety, be required to comply with the screening requirement set forth in Table A within five years after the effective date of this ordinance; provided however, that if the existing accessory use or structure is so situated that compliance with the screening requirement would necessitate removal or substantial alterations to the accessory use or structure, the required screening shall be reduced by the minimum amount necessary to accommodate the accessory use or structure without removal or substantial alteration.
2.
The owners of existing principal uses or structures as defined above shall submit a screening plan to the director of community services for review and approval. There shall be no fee for city review and processing of the screening plan if submitted within five years after the effective date of this ordinance.
3.
In cases where compliance with the screening requirement would present an unreasonable hardship on the property owner or present practical difficulties, the property owner may apply to the board of adjustment for a variance pursuant to Sections 31-090 and 31-092 of the St. Joseph zoning ordinance.
(2)
Parking lot landscaping design standards.
a.
Purpose and applicability. The purpose of the parking lot screening and landscaping requirements is to provide relief from large, hard paved surfaces associated with parking lots necessary to meet the needs of nonresidential developments and to improve the visual appearance of the business park area.
The parking lot landscaping requirements shall be applicable to all new permitted and special permit uses with open parking lots providing spaces for ten or more automobiles. Two types of parking lot landscaping are required:
1.
Screening or buffering between the parking lot and adjoining land uses and adjacent streets; and
2.
Trees for shading within parking lots.
b.
Parking lot screening.
1.
The perimeter area of all on-site, open parking areas shall be screened from the view of adjacent properties and streets to an eventual minimum height of three feet by the use of berms, walls and/or plantings.
2.
Parking lot screening shall be designed so as to avoid obstructing visibility from vehicles in the parking lot or on adjacent streets. A clear sight triangle of 25 feet from an intersection shall be established to ensure visibility and safety.
3.
The parking lot screening requirement does not apply to internal parking lots which do not directly front adjacent properties or streets.
4.
One hundred percent of the affected street frontage or property boundary, excluding intersecting driveways, must have the required screening.
5.
Structures such as decorative walls or fences may be approved if:
[a]
The structure avoids a blank and monotonous appearance by such means as architectural articulation and/or the planting of vines, shrubs or trees; or
[b]
The total use of berms and/or plantings is not physically feasible; or
[c]
The structures complement the use of berms and/or plantings.
6.
The reference elevation for the base of the required screen shall be the surface of the parking area that is to be screened.
7.
The following maximum grades shall be conformed to in the parking lot screen area:
[a]
Grass sod or seeded berms: 3:1 (three feet horizontal:one foot vertical); and
[b]
Planting beds: 2:1.
8.
Where a parking lot is located adjacent to or comes in direct contact with a side or rear yard setback, the side and rear yard landscape setback/buffer area requirements shall apply and the above parking lot screening requirements shall be waived.
c.
Parking lot landscaping.
1.
One tree shall be provided for every ten vehicular parking spaces, or increment thereof.
2.
The required trees shall be located within the parking lot so as to divide and break up expanses of paving and long rows of parking stalls and to create a canopy effect. In general, a minimum of one tree should be located within 80 feet of any parking stall when measured from the trunk.
3.
The required parking lot trees should be located within the "parking lot area" where vehicles park and maneuver and not in designated landscape areas. "Within the parking lot area" means the trees must be located in planting areas bounded on at least two sides by parking lot paving. Only trees in landscape "islands," "dividers" or "fingers" shall count toward meeting the parking lot tree requirement.
4.
In cases where the size, location or design of parking lots may not significantly benefit from trees within the parking lot area, the required parking lot trees may be provided adjacent to the parking area.
5.
The design and size of the landscape planter (islands, dividers and fingers) shall be sufficient to accommodate the growth of the tree and prevent damage to the tree by vehicles.
d.
Parking lot paving and design requirement.
1.
All parking lots shall be hard-surfaced (dustless) with concrete, asphalt or similar material, except for parking lots containing 50 or less spaces in Subdistrict "Distribution/Ware-housing/Light Manufacturing District B-P(D)", which may be loose gravel. Dirt and loose gravel shall be prohibited except as herein provided.
2.
All parking lots shall be striped for definitive automobile spaces in the number, size and design as required by Section 26-450 of the St. Joseph Zoning Ordinance.
3.
All off-street parking facilities shall be used solely for the parking of vehicles in operating condition by patrons, occupants or employees of the principal use. No motor vehicle repair work, except emergency service, shall be permitted in association with any required off-street parking.
4.
All off-street parking spaces shall be provided with safe and convenient access to a public street.
5.
All off-street parking areas shall comply with geometric design standards as established by the director of community services which may include, but which shall not be limited to: angle of parking; direction of parking; width of parking space; depth of parking space; and width of aisles.
6.
All lighting fixtures used to illuminate off-street parking areas shall be designed to minimize glare.
(Code 1969, § 26-250; G.O. 1271, 3-13-95 [Sec. 31-250]; G.O. 1393, 4-22-96)
Sec. 31-034. - M-1 light manufacturing district.
(a)
Purpose. The M-1 light manufacturing district is intended for business uses conducting light manufacturing, assembling and fabrication, warehousing, wholesaling and service operations which conduct activities which do not have the impacts of heavy manufacturing or industrial uses. This district is also intended to serve as a transition between more intense industrial development and commercial, office or multi-family residential development.
(b)
Use regulations. In district M-1 no buildings, structure, land or premises shall be used; and no building shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the M-1 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the M-1 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the M-1 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. No use shall be permitted or so operated as to produce or emit the following:
(1)
Dust, fly ash, radiation, gases, heat, glare or other effects which are injurious to humans or damaging to property at the property line.
(2)
Outdoor storage shall be enclosed on all sides by a sight obscuring and protective fence or wall not less than eight feet high, such fence to be chain link, wood, painted metal or masonry, or any combination of the above. Such fence shall comply with the front yard requirements of district M-1.
(3)
Parking lot lighting shall be shielded or directed so that no off-site glare is produced.
(4)
Smoke or particulate matter of a number two or darker on the Ringelmann Chart except: For a period or periods aggregating four minutes in any 30 minutes when number two, but not darker is allowed; and except for a period or periods aggregating three minutes in any 15 minutes of number three, but not darker when building a new fire or when breakdown of equipment occurs.
(5)
Storage or parking of equipment or material which will support harmful bacteria, rodents or other disease carrying media shall be permitted only after approval by the council after report by the city health department.
(6)
Vibration or concussion perceptible without instruments at the property line.
(7)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations.
(1)
Height. No maximum height.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet:
(3)
Side yard. A side yard is not required.
(4)
Rear yard. A rear yard is not required.
(5)
Lot width. No minimum width.
(6)
Parking and loading regulations. See Section 31-053, Off-street parking and loading.
(7)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-300 [Sec. 31-300]; G.O. 1393, 4-22-96; G.O. 1503, 4-7-97; G.O. 1619, 3-23-98; G.O. 1989, 11-24-03; G.O. 2351, 11-2-09; G.O. 2361, 11-30-09; G.O. 2910, 4-22-19; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Editor's note— G.O. 1147, passed 1-31-94 repealed all references in the code providing for mobile homes in districts other than R-5 "mobile home parks".
Sec. 31-035. - M-2 Heavy Manufacturing District.
(a)
Purpose. The M-2 Heavy Manufacturing District is intended for heavy industrial uses and other uses not otherwise provided for in the M-1 district. The intensity of uses in this district makes it necessary to separate it from all residential districts wherever possible with good accessibility provided to major rail and air facilities and highways.
(b)
Use regulations. In district M-2 no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.
(c)
Permitted uses. For uses permitted within the M-2 district, refer to District Use Table in Section 31-048.
(d)
Conditionally permitted uses. For uses requiring a conditional use permit (CUP) within the M-2 district, in accordance with Section 31-070, refer to District Use Table in Section 31-048.
(e)
Use limitations. For specific limitations on uses within the M-2 district as outlined in Section 31-048, refer to Section 31-049.
(f)
Performance standards. No use shall be permitted or so operated as to produce or emit the following:
(1)
Smoke or particulate matter of a number two or darker on the Ringelmann Chart except: For a period or periods aggregating four minutes in any 30 minutes when number two, but not darker is allowed; and except for a period or periods aggregating three minutes in any 15 minutes of number three, but not darker when building a new fire or when breakdown of equipment occurs.
(2)
Dust, fly ash, radiation, gases, heat, glare or other effects which are injurious to humans or damaging to property at the property line.
(3)
Vibration or concussion perceptible without instruments at the property line.
(4)
Outdoor storage shall be enclosed on all sides by a sight obscuring and protective fence or wall not less than eight feet high, such fence or wall to be chain link, wood, painted metal or masonry or any combination of the above. Such fence shall comply with the front yard requirements of district M-2.
(5)
Storage or parking of equipment or material which will support harmful bacteria, rodents or other disease carrying media shall be permitted only after approval by the council after report by the city health department.
(6)
Parking lot lighting shall be shielded or directed so no off-site glare is produced.
(7)
The following standards shall apply to all drive-through or drive-up services:
a.
Sites which are currently deficient in parking shall not reduce the existing parking ratios due to the introduction of a drive-through facility;
b.
All uses providing drive-through or drive-up services shall accommodate a minimum of five vehicle stacking spaces prior to the point at which all drive-through and drive-up traffic merges into a single line. This requirement may be modified by the director, or his or her designee, should the applicant provide substantial proof, demonstrating the requirement should be less than the stacking spaces required by this subsection;
c.
Stacking spaces shall not disrupt access to required parking spaces, and shall function independently of parking aisles;
d.
If stacking or overflow stacking extends beyond the property line into an adjoining parcel, the applicant shall provide written evidence indicating the consent of the affected property owner;
e.
The required vehicle stacking spaces shall equal a minimum of 20 feet in length for each space;
f.
Noise from drive-through speakers shall not be audible from adjacent residentially used or zoned properties; and
g.
Stacking or overflow stacking shall not extend or interfere with vehicular travel in any dedicated public right-of-way, unless approved by the director or his or her designee.
(g)
Height and area regulations.
(1)
Height. No maximum height.
(2)
Front yard. The minimum front yard area shall be measured from the centerline of the fronting street as follows, but in no case shall the front yard setback be less than 30 feet:
(3)
Side yard. No side yard is required.
(4)
Rear yard. No rear yard is required.
(5)
Lot width. No minimum width.
(6)
Parking and loading regulations. See Section 31-053, off-street parking and loading.
(7)
Landscape regulations. See Article VII, Section 31-400, Landscaping.
(Code 1969, § 26-310 [Sec. 31-310]; G.O. 1393, 4-22-96; G.O. 1504, 4-7-97; G.O. 2351, 11-2-09; G.O. 2361, 11-30-09; G.O. 2915, 7-1-19; G.O. 3026, 4-4-22)
Editor's note— G.O. 1147, passed 1-31-94 repealed all references in the code providing for mobile homes in districts other than R-5 "mobile home parks".
Sec. 31-036. - Planned unit development districts.
(a)
Statement of intent. Each of the zoning districts hereinbefore set forth shall have a separate and distinct counterpart known and herein referred to as a planned district. A planned district shall be for the purpose of permitting and regulating the uses permitted in the equivalent district or in the case of a wind energy conversion system planned unit development shall conform to the regulations set forth in Section 31-354 and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards, open spaces, etc., subsequent to approval of the plan by local officials. The result is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The purpose of this district is to also provide for and encourage the appropriate grouping of buildings to reduce vehicle trips, maximize open space and for the beautification of the district.
In general, the height and bulk of buildings, the amount of open space, the concentration of people and traffic and the parking and loading requirements shall be equal to those in the corresponding district. The uses permitted shall be the same as in the equivalent district.
Variations and departures from normal requirements may, however, be permitted. Each building need not face on a public street and more than one main building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property.
The Planned Unit Development Districts shall be as follows:
(b)
Procedure for rezoning property to a planned unit development.
(1)
A tract of land may be zoned to a planned unit development by the city as provided in Section 31-071, or upon application by the owner or his/her agent with approval of a conceptual development plan for the tract. A city initiated planned unit development zone need not be accompanied by a conceptual development plan. The applicants, other than the city, for a planned unit development zone change, or a developer intending to build on a tract of land zoned as a planned unit development shall prepare and submit to the commission a conceptual development plan containing the following elements:
a.
The boundaries of the tract to be zoned and the area adjacent for a distance of not less than 500 feet.
b.
The existing and proposed topography. Contours shall not exceed ten foot intervals and shall be on a plan at a scale of one inch equals 200 feet or larger. The proposed topography shall be clearly delineated on the plan.
c.
The proposed location and arrangements of buildings, structures, parking areas, existing and proposed streets, drives and other public ways, public property, drainage, landscaping and other features of the proposed development.
d.
Sufficient approximate dimensions to indicate the relationship between buildings, streets, drives and property lines.
e.
A draft of conditions, covenants and restrictions (CC & Rs), easements, associations and maintenance agreements as well as specifications for ingress/egress to the property and any other legal requirements which will run with the property.
f.
Preliminary elevation and plan drawings of proposed buildings which sufficiently depict the architectural theme of the development.
g.
Preliminary sign program identifying common materials, sizes, heights and locations to be used on signs within the development. The materials used shall be consistent with the architectural theme of the buildings.
(2)
The commission shall hold a public hearing on the conceptual development plan and after such public hearing shall either approve, approve with conditions, or disapprove the conceptual development plan. At such time as the conceptual development plan is approved, approved with conditions or disapproved by the commission, the same shall be duly endorsed and forwarded to the council for final action. The procedures for noticing and holding a public hearing for a conceptual development plan shall be the same as specified in Section 31-071 of this Code. The conceptual development plan is in addition to, not in substitution of, the required statutory rezoning process.
(3)
In reviewing conceptual development plans for a planned unit development district, the commission shall consider the following:
a.
Topography; to ensure the site is suitable for development, and buildings are located and arranged in appropriate areas.
b.
Parking; to ensure the proposed development contains an adequate amount of parking and is located in an appropriate area. Generally, the parking should conform to the required number of parking appropriate to the development type as contained in Section 31-053. The commission may allow a deviation from these parking requirements should the applicant show an adequate amount of parking exists.
c.
Setbacks; to ensure buildings provide for adequate light, air, and privacy protection by providing appropriate proportion between buildings, and adequate separation between buildings and adjoining properties.
d.
Architecture; to ensure the architectural theme is compatible and consistent throughout the project and is reasonably compatible with surrounding developments.
e.
Landscaping; to ensure the development provides adequate landscaping to provide a pleasant environment, to enhance the building's appearance and to ensure existing significant trees are adequately protected.
f.
Site plan; to ensure the location and arrangement of buildings, signs and other structures are appropriate for the site, existing and proposed streets, drives and public ways are arranged appropriately and to ensure site drainage has been adequately addressed.
g.
Any other feature or issue associated with the state zoning and planning enabling legislation or the comprehensive plan for the City of St. Joseph for which the commission feels is appropriate and relevant to the development of the site.
(4)
Prior to approving a conceptual development plan for the purposes of this section, the commission shall make the following findings:
a.
That the commission has reviewed the conceptual development plan with consideration of the issues contained in subsection (3) of this section; and
b.
That the conceptual development plan is in conformance with the comprehensive land use plan and other appropriate sections of the Code of Ordinances; and
c.
That the conceptual development plan provides for an organized and unified system of land use intensities which are compatible with the surrounding areas; and
d.
That the proposed development adequately protects the health, safety and general welfare of future and existing residents and property owners in and around the development.
(5)
Upon final approval of the plan and the zoning or rezoning of the tract as required by law, building permits may be issued and conformance with the plan and all supporting documentation is mandatory. Substantial deviation from the plan shall require resubmittal to the commission and council in the same manner as the original zoning procedure.
(6)
The wind energy conversion system planned unit development (WECSP-1) is an intended land use that is in harmony with Section 31-350 and the city's land use plan. It is not exclusive to one land owner. A group of land owners in any zoning district, except residential and commercial zoning districts, may submit a plan for a group wind energy conversion system (WECS). The plan will be reviewed by staff and when available with assistance from a specialist in the industry. If the submitted WECS meets with sound requirements of no more than 45 dba at full capacity at the property line of the parcel boundary containing the WECS and also meets the height requirement or is granted an exception from the board of adjustment, the application for the proposed WECSP-1 shall proceed to the commission.
(Code 1969, §§ 26-160, 26-240, 26-320 [Secs. 31-160, 31-240, 31-320]; G.O. 1393, 4-22-96; G.O. 2362, 11-30-09)
Sec. 31-037. - Planned community district or P-district
(a)
Purpose. This district is designed to provide for those uses or combinations of uses which may be appropriately developed as a planned area development. It is intended to be applied only to those areas which by reason of their proximity to other zoning districts, topography, geographic location, historic significance, size, shape or existing development require special consideration in order to be properly integrated into the community and adjacent developed districts, and to further the planned circulation patterns, residential densities, use definition, individual property rights, planned coverage limitations and in furtherance of the preservation of open space, public spaces and the general welfare of the neighborhood and city as required by modern land planning and zoning concepts and techniques.
(b)
Use regulations. In a P-district no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered other than in conformance with the plan as adopted by council.
(c)
Permitted uses. Any use permitted in any other zoning district may be permitted in a P-district, either alone or in combination with other uses, after it has first been determined that the area to be so zoned requires the special consideration herein mentioned.
(d)
Conditionally permitted uses. Any conditionally permitted use listed in any other zoning district may be conditionally permitted in a P-district, either alone or in combination with other uses, after it has first been determined that the area to be so zoned requires the special consideration herein mentioned.
(e)
Area requirement. Planned community zoning shall not be applied to an area that contains less than five acres.
(f)
Height, area and yard requirements. None, except as may be imposed by the precise plan or as a condition upon the granting of a planned community permit
(g)
Signs. All signs shall be in accordance with Article II of this chapter based on the use of the property for which the sign is to be erected and subject to the height limitations of the precise plan, unless otherwise defined in the precise plan.
(h)
Permit required. A planned community permit shall be required except as specified in subsection (i) prior to the development of any use within the P-district. Said permit shall set forth with particularity the nature of each use to be permitted, and shall define the location and extent of each such permitted use by reference to a map or maps attached to said permit. The application for such permit may be considered concurrently with, or subsequent to, the consideration of P-district zoning.
(i)
Precise plan. The city may adopt a precise plan to delineate uses, relationships to other areas, intensity of use, circulation, design criteria, procedures for development review and special conditions. A precise plan may authorize issuance of a planned community permit by the commission. The commission shall consider the application for a planned community permit approval at a regularly scheduled public hearing within 45 days from the date of the filing of an approved application packet. Notice of such application shall be given by publication in an official newspaper or a paper of general circulation indicating the time and the place of the public hearing on said application at least 15 days prior to the public hearing. Simultaneous to such notice, the commission shall, to the extent practicable, provide notice by certified mail to property owners within 185 feet of the property for which the planned community permit application has been filed. At the public hearing, parties in interest and citizens shall have an opportunity to be heard. Permitted uses and associated buildings unless otherwise noted in the plan, use changes provided they are permitted uses as defined in the precise plan, signs in conformance with the plan, minor site and building alterations may be approved administratively without need to go before the commission provided the precise plan contains reasonable and adequate standards for the granting of such administrative approvals. The process for initiating a precise plan zoning district is as follows:
(1)
The adoption of a precise plan or amendment of a precise plan can be initiated by the city council, the commission or any interested party. Initiation by an interested party shall require payment of a filing fee as set out in Section 31-075 for amendments, revisions or change of the zoning district and an application shall be accompanied by materials supportive of the application and showing the exact nature of a proposed plan or amendment. Submitted materials should include statements justifying why the proper functioning of the community requires adoption of the plan, why the plan is more suitable for the area than the existing zoning, and in the case of an amendment, why the proposed plan is more suitable for the area than the existing plan.
(2)
The commission shall hold at least one public hearing thereon and shall give notice thereof as provided in subsection (i) above. Within 60 days of said public hearing, the commission shall make its recommendation to the city council.
(3)
The city council shall hold at least one public hearing thereon after having given notice of such hearing as provided in Section 31-071 and may thereafter by ordinance, adopt, amend or decline to adopt such precise plan. Any substantial amendment to the precise plan proposed by the council shall be referred back to the commission for comment.
(j)
Application for planned community permit. An application for a planned community permit may be made by the owner of the property affected, or an agent of the owner authorized in writing, or an application prescribed by the commission or city council. Said application shall be filed with the planning and community development department and shall be accompanied by the following:
(1)
A filing fee as set out in Section 31-075 for amendments, revisions or change of the zoning district.
(2)
A complete legal description of the property which is the subject of the application.
(3)
A site development plan, indicating generally the location of each proposed building or structure, the location and extent of each portion of the land or buildings proposed to be set aside for each proposed use, the proposed or existing location of public and private roadways, driveways, walkways, other elements of internal and external circulation and all areas proposed to be landscaped, paved or otherwise treated.
(4)
Preliminary architectural drawings or sketches of each proposed building or structure. Such drawings or sketches need not be final or detailed, but shall indicate with reasonable accuracy the height of proposed buildings and structures, their general appearance and their relationship to adjacent existing or proposed building(s) or structures.
(5)
Such other information as may be required by the planning and community development director or his/her designee concerning the proposed development and use of the property or materials which the applicant may deem necessary for full consideration of the proposal.
(k)
Action by the commission on an application for a planned community permit shall be as follows:
(1)
Following the hearing and within 45 days of the commission meeting the commission shall approve, approve with conditions or disapprove the planned community permit. In order to recommend approval of any such permit, the commission must find that the establishment, maintenance or operation of the use or uses applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals or general welfare of persons residing or working in the neighborhood of said proposed use, or be injurious to property and improvements in the neighborhood, or to the general welfare of the city.
(2)
The planning and community development director or his/her designee may recommend conditions in connection with the permit as deemed necessary to secure the purpose of the precise plan and this chapter.
(3)
In such event, the planning and community development director or his/her designee shall make the findings, and may impose conditions as set forth in subsection (k)(2). Any precise plan making such authorization shall contain reasonable and adequate standards for the guidance of the planning and community development director or his/her designee in issuing permits.
(G.O. 1743, 1-24-00; G.O. 2362, 11-30-09)
Sec. 31-048. - District use table.
The following land district use table outlines permitted, conditionally permitted, and non-permitted uses in the zoning districts outlined in Sections 31-018 through 31-035, excluding Section 31-033 (B-P; Business Park Districts). For uses allowable and specific regulations within District B-P, as well as planned unit developments and precise plan ("P") districts, please refer to the office of planning and community development or online through the city's website. (See the "District Use Table" at the end of this section.)
All uses are subject to requirements and/or restrictions outlined within that zoning district section of the chapter, including height, lot area, distance from adjacent uses, landscaping requirements, etc. Uses with specific limitations beyond general district standards are outlined in Section 31-049 (Use Limitations), with relevant subsections shown in right-hand column of table. Definition of uses can be found in Section 31-010.
'P' indicates Permitted Use.
'C' indicates Conditionally Permitted Use; allowable by obtaining a conditional use permit through the process outlined in Section 31-070.
'-' indicates non-applicable and/or non-permitted use.
(G.O. 3026, 4-4-22; G.O. 3057, § 3(Exh. A), 2-6-23; G.O. 3085, § 1(Exh. A), 3-18-24)
Sec. 31-049. - Use limitations.
The following limitations are applicable to uses outlined in Section 31-048 (District Use Table) and relevant use categories. For uses not outlined in this section, the standard limitations of the subject zoning district apply.
(1)
Agricultural use category:
a.
Animal husbandry: Permitted in A-1 and A-OR provided:
1.
Limit one horse, or one cow, or five hogs, or seven sheep, or ten dogs and cats, or 100 poultry, rabbits, chinchillas, guinea pigs, or pigeons per acre. Only acreage above and beyond one acre for any residence is included.
2.
Slaughter of animals (such as poultry, rabbits, or beef cattle) is permitted only where intended for consumption by resident family or where it is to be gifted.
3.
Animals other than household pets shall not be kept within a residence nor within 100 feet of a residence or within 60 feet of the front property line of building site.
4.
Housing or caging of animals shall be adequate and sanitary, pursuant to all applicable State health requirements.
5.
All animal food (excluding hay and straw) shall be stored in rodent-proof containers.
6.
If property is rezoned to a district where use is not permitted, use shall be discontinued within one year of effective date of rezoning.
b.
Greenhouse/nursery/(including retail and commercial): Permitted in C-1, C-2, and C-3 provided:
1.
No office or greenhouse is closer than 100 feet to a dwelling in other ownership.
Non-retail use permitted in all districts as accessory use and building as provided in Section 31-050.
c.
Horticulture/gardening (including retail and commercial): Permitted in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
That growing of food products for retail or commercial purposes may only take place on lots three acres or greater in size.
Non-retail use permitted in all districts as accessory use and building as provided in Section 31-050.
d.
Kennels: Conditionally permitted use in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, and C-2 and/or permitted use in C-3 provided:
1.
Kennel is located no closer than 200 feet to any lot line or 400 feet from any dwelling not located on premises.
e.
Livestock: Permitted use in A-1, A-OR, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, C-3, M-1, and M-2 provided:
1.
Use is in conformance with Chapter 5, Article III and provided property is three acres or greater in size.
f.
Slaughterhouses: Permitted use in M-2 provided:
1.
Use is not within 300 feet of any residential property.
g.
Stables (private): Permitted use in A-1, A-OR, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
Use is in conformance with Chapter 5, Article III.
2.
Property is three acres or greater in size and conforms to the following.
3.
Two horses may be permitted for first three acres of lot area.
4.
One additional horse per each additional 2,500 square feet of lot area.
5.
No horse barn or shed shall be closer than 100 feet to any habitable dwelling.
h.
Stockyards: Permitted in M-2 provided:
1.
Use is not located within 300 feet of any residential property.
(2)
Residential use category:
a.
Day care home (small): Permitted use in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
Use is within a permanently occupied residence and provides care to four or fewer children under 16 years of age.
b.
Day care home (large): Conditionally permitted use within A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, and R-5 and/or permitted use C-0, C-1, C-2, and C-3 provided:
1.
Use is within a permanently occupied residence providing care for between five and ten children under 16 years of age.
c.
Day nursery: Permitted use in M-1 and M-2 provided:
1.
Use is located within a house (residence) or other place conducted or maintained by any person who advertises or holds themselves out as providing care for children; serving more than ten children at one time.
2.
Approved evacuation plan is made available to the city and displayed appropriately in all classrooms.
d.
Manufactured homes: Permitted in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, and R-5 in accordance with Section 31-052.
e.
Mixed-use dwelling: Permitted in C-1, C-2, and C-3 provided:
1.
Use built in conjunction with an otherwise permitted use, i.e., an apartment over commercial storefront, etc.
(3)
Recreational use category:
a.
Athletic fields (public), parks, parkways, playgrounds, play fields (public and private), recreation center, swimming pools (public/non-commercial): Permitted in R-1A, R-1B, R-2, R-3, R-4, and R-5 provided:
1.
No building shall be closer than 30 feet to a property line;
2.
No pool shall be closer than 100 feet to property line.
b.
Circus, carnival, block party: Permitted use in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
City permit is acquired.
2.
Use is not to exceed more than four days and only if shown appropriate parking exists.
c.
Gun/shooting clubs and ranges: Conditionally permitted use in C-1, C-2, and C-3 provided:
1.
No portion of use is closer than 200 feet to a dwelling or public street.
d.
Recreation areas/reserves: Conditionally permitted and/or permitted use in all districts including public, private, and commercial picnic areas, campgrounds or fishing lakes, including incidental concession facilities for patrons only.
e.
Swimming pools (public/commercial): Conditionally permitted use in R-1A, R-1B, R-2, R-3, R-4, and R-5 and/or permitted use in C-1, C-2, and C-3 provided:
1.
No portion of use is closer than 200 feet to a dwelling or subdivision of record.
2.
No portion of pool is closer than 100 feet to a property line.
f.
Swimming pools (private): Permitted A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided use conforms to subsection 31-021(e).
(4)
Public, civic, and institutional use category:
a.
Correctional centers, detention centers, jails, prisons, and hospitals: Conditionally permitted uses in R-1A, R-1B, R-2, R-3, R-4, and R-5 provided:
1.
Uses are located on a site of not less than 20 acres.
2.
No building or structure is closer than 150 feet to property line.
b.
Fire houses/stations, government and public administrative buildings, police stations, and postal services/facilities: Permitted in R-1A, R-1B, R-2, R-3, R-4, and R-5 provided:
1.
No building shall be closer than 30 feet to a property line.
2.
No pool (if applicable) shall be closer than 100 feet to a property line.
c.
Group home (small): Conditionally permitted use in A-1 and A-OR and/or permitted use in R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
Use is for eight or fewer persons with physical or developmental issues and up to two additional supervisors or guardians, related or unrelated.
2.
Providing such group home is not within 2,000 feet of another group home and exterior is generally conforming with exterior appearance of adjacent neighborhood.
d.
Group home (large): Conditionally permitted use in A-1, A-OR, R-1A, R-1B, R-2, R-3, R-4, R-5, C-0, C-1, C-2, and C-3 provided:
1.
Use is for eight or more persons with physical or developmental issues excluding additional supervisors or guardians, related or unrelated.
2.
Providing such group home is not within 2,000 feet of another group home and exterior is generally conforming with exterior appearance of adjacent neighborhood.
e.
Residential care facilities: Permitted use in R-4, R-5, C-0, C-1, C-2, and C-3 providing care of developmentally disabled, mentally ill, or substance abuse victims permitted provided:
1.
Use consists of fewer than 12 individuals.
2.
Use excludes all other penal and correctional institutions of any nature.
3.
Use is located no closer than 1,000 feet from another permitted residential care facility and exterior appearance is in conformance with the adjacent neighborhood.
f.
Schools (all levels, public and private): Permitted use (including associated stadiums, dormitories, and other facilities) in R-1A, R-1B, R-2, R-3, R-4, and R-5 provided:
1.
No building is closer than 50 feet to the property line.
(5)
Commercial use category:
a.
Auction sales: Permitted in C-3, M-1, and M-2 districts excluding livestock within C-3 districts.
b.
Marijuana facilities as defined in Section 31-010: Conditionally permitted uses and/or permitted uses as provided in Section 31-048.
c.
Wholesale dealers: Permitted in C-3, M-1, and M-2 districts excluding wholesale bakeries within C-3 districts.
(6)
Manufacturing/industrial use category:
a.
Manufacturing, incidental: Permitted in C-3 in conjunction with an otherwise permitted use, where retail sales are present.
b.
Manufacturing: Permitted in M-1 and M-2 districts excluding High Hazard Materials (Group H) within M-1 districts.
c.
Material production: Permitted in M-1 and M-2 districts excluding High Hazard Materials (Group H) within M-1 districts.
d.
Meat processing: Permitted use in M-2 provided:
1.
Use is not within 300 feet of any residential property.
e.
Testing: Permitted in M-1 and M-2 districts excluding High Hazard Materials (Group H) within M-1 districts.
f.
Warehousing/storage: Permitted in M-1 and M-2 districts excluding High Hazard Materials (Group H) within M-1 districts.
(7)
Other use category:
a.
Broadcast towers (Less than 100 feet): Permitted in C-2, C-3, M-1, and M-2. Conditionally permitted use in C-2 and M-1 when:
1.
Proposed tower is in excess of 100 feet.
b.
Electrical power plants: Conditionally permitted use in A-1, A-OR, M-1, and M-2, including atomic/nuclear energy.
c.
Heliports: Conditionally permitted in R-1SH, R-1A, R-1B, R-2, R-3, R-4, and R-5 provided:
1.
Use is in conjunction with a hospital, penal institution, or like use.
Conditionally permitted in C-2 districts provided:
1.
Minimum unobstructed area shall be developed or used within 200 feet.
2.
No landing area shall be developed or used within 200 feet of the nearest wall of any building constructed to a height exceeding the landing area.
Otherwise conditionally permitted in R-1A, R-1B, R-2, R-3, R-4, and R-5 and permitted in C-2, C-3, M-1 and M-2.
d.
Junk yard: Conditionally permitted use in M-1 and M-2 provided:
1.
Use is screened from all rights-of-way.
2.
Use is located at least 300 feet from any residential properties.
e.
Parking lots: Conditionally permitted use in C-0 provided:
1.
Use is for multi-unit dwellings, hotels, motels, clubs, restaurants accessory thereto, hospitals and institutions when such land is adjacent and within 1,000 feet of main lot.
Permitted use in C-1 provided:
1.
Use is servicing adjacent uses only.
Otherwise conditionally permitted in R-1A, R-1B, R-2, R-3, R-4, and R-5 and permitted in C-2, C-3, M-1 and M-2.
f.
Salvage yard: Conditionally permitted use in M-1 and M-2 provided:
1.
Use is screened from all rights-of-way.
2.
Use is located at least 300 feet from any residential properties.
g.
Short term rental.
1.
Location. Short-term rental may be authorized in the districts specified by District Use Table Section 31-048.
2.
Specific provisions. Short-term rentals shall adhere to the following:
a.
The short-term rental shall be located within a permanent dwelling structure suitable for human occupancy.
b.
The property shall have sufficient parking spaces to accommodate guests without interrupting traffic circulation.
c.
The property shall adhere to all applicable codes of the City of St. Joseph.
d.
Noise emanating from the residence shall be at a level typical for a residential home.
3.
The advertisement or offering for rent of a short-term rental without a city business license or in a manner that would conflict with the provisions of this section or the other provisions of this chapter shall be considered a violation of this section.
4.
The short-term rental is subject to all applicable taxes including lodging taxes, sales taxes, bed taxes, transient guest taxes, and licensing taxes.
5.
The short-term rental property is subject to all applicable fire and building codes required for a rental property.
6.
The short-term rental property is subject to all applicable business licensing, health, and safety codes and regulations.
7.
Violation(s) of this section may result in the revocation or suspension of the short-term rental business license.
h.
Telecommunications facilities: Conditionally permitted use in A-1, A-OR, R-1SH, R-1A, R-1B, R-2, R-3, R-4, R-5 C-0, C-1, C-2, C-3, and M-1 and permitted in M-1 and M-2 as provided in Section 31-300.
i.
Utility service facilities: Permitted in all districts provided:
1.
Use excludes business offices, construction or storage yards, maintenance facilities, or corporate yards.
j.
Vehicle storage (accessory or primary use): Conditionally permitted use in A-1 provided:
1.
Vehicles and equipment are in operable condition and not for salvage.
Conditionally permitted use in M-1 provided:
1.
Use is screened from all rights-of-way.
2.
Use is located at least 300 feet from any residential properties.
Otherwise conditionally permitted use in M-2 districts.
(G.O. 3026, 4-4-22; G.O. 3057, § 4(Exh. A), 2-6-23; G.O. 3085, § 2(Exh. B), 3-18-24)