- DISTRICT REGULATIONS
Cross reference— Mobile homes and trailers generally, ch. 22.
Editor's note— Ord. No. 89-9354, §§ 1—6, adopted November 13, 1989, amended the Code by adding provisions designated as §§ 42-337—42-342 and pertaining to a new C-7 highway commercial district. In as much as the placement of these provisions puts them at the end of div. 16, C-6 Heavy Commercial District, and does not provide that they be a separate division, the editor, at his discretion, has created for and place these provisions in a new Div. 16.1 as set out above.
The A-1 district is designed to reflect the pattern of land uses that are found in the rural areas of the city.
(Code 1966, § 36-600)
Permitted uses in the A-1 district are as follows:
(1)
Agriculture, as defined in this chapter;
(2)
Cemeteries, including crematories and mausoleums when used in conjunction with a cemetery, but not including mortuaries;
(3)
Dog kennels or animal hospitals, provided no structure or pen housing any animals shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district;
(4)
Dwellings, single-family;
(5)
Family-care facilities;
(6)
Oil or gas well drilling, provided such well is, or will be, located more than five hundred (500) feet from any school, residential district boundary, or any residential building other than a residential building occupied by the owner, lessee or operator of the premises on which the well is located (see section 42-113);
(7)
Public service and public utility uses, as follows, provided such use is, or will be, located more than three hundred (300) feet from the boundary of any residential district (see section 42-113):
a.
Ambulance service;
b.
Electric and telephone substations and distribution centers;
c.
Gas regulator stations;
d.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar equipment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or water, operated or maintained by a public utility, as defined in this chapter;
e.
Police and fire stations;
f.
Pumping stations;
g.
Radio, television and microwave transmitting or relay stations and towers;
h.
Telephone exchanges;
i.
Transformer stations;
j.
Water reservoirs and standpipes;
(8)
Recreational and social facilities, as follows:
a.
Country clubs, including golf, swimming and tennis clubs;
b.
Golf courses, but not including golf driving ranges, pitch and putt, or miniature golf courses;
c.
Parks and playgrounds;
d.
Privately owned dwellings for seasonal occupancy and not designed or used for permanent occupancy, such as summer homes and cottages, and hunting and fishing lodges and cabins;
e.
Public athletic fields.
(9)
Religious institutions, as follows:
a.
Churches, chapels, temples, synagogues, cathedrals, and shrines;
b.
Convents, seminaries, monasteries, and nunneries;
c.
Rectories, parsonages and parish houses.
(10)
Riding stables, provided no structure housing horses shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district;
(11)
Well head stations, well separators and other similar above-the-ground facilities customarily used for the distribution, transmission or storage of oil or natural gas, provided no such equipment shall be located nearer than five hundred (500) feet from the boundary of any residential district. Such equipment may be in enclosed buildings or in the open, but it must be completely enclosed behind a chain link fence with a two (2) inch or less mesh, or its equivalent, not less than six (6) feet in height;
(12)
Accessory and temporary uses, and home occupations, as permitted by article IV of this chapter;
(13)
Signs, as permitted by article X of this chapter;
(14)
Off-street parking, as required by article XI of this chapter.
(Code 1966, § 36-600(1); Ord. No. 80-8796, § 1, 7-7-80)
Conditional uses in the A-1 district are as follows:
(1)
Airports;
(2)
Campgrounds, subject to the provisions of section 42-224(b) and (c);
(3)
Community sewage treatment plants;
(4)
Educational institutions as follows:
a.
Boarding schools and academies;
b.
Colleges and universities;
c.
Primary, intermediate and secondary schools.
(5)
Excavation, extraction, or mining of sand, gravel, or other raw materials from the earth for resale. The conditions imposed on such excavation, extraction, or mining may include, but are not limited to, requirements for setbacks from schools and residential districts, screening, fencing, redevelopment, and restrictions on the grade of the excavation and vehicular access thereto;
(6)
Greenhouses and nurseries;
(7)
Group-care facilities;
(8)
Group day-care centers when located in a nonresidential building;
(9)
Hospitals, sanitariums, rest homes and nursing homes;
(10)
Libraries and museums;
(11)
Noncommercial recreational buildings, community centers, auditoriums, stadiums, and arenas;
(12)
Oil or gas well drilling when not permitted by section 42-112;
(13)
Power plants;
(14)
Public service and public utility uses listed in section 42-112(7), but which are, or will be located nearer than three hundred (300) feet to the boundary of a residential district;
(15)
Public utility substations;
(16)
Recreational facilities such as campgrounds, youth camps, gun clubs, and skeet and trap shooting ranges;
(17)
Sanitary landfill, subject to state requirements.
(Code 1966, § 36-600(2); Ord. No. 80-8796, § 2, 7-7-80)
Lot size requirements in the A-1 district are as follows:
(1)
Minimum lot area: four (4) acres.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum lot depth: two hundred (200) feet.
(Code 1966, § 36-600(3))
Bulk regulations in the A-1 district are as follows:
(1)
Maximum structure height: forty-five (45) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Eighty (80) feet, measured from the center line of the street or fifty (50) feet, measured from the front lot line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard on each side of a zoning lot:
1.
Single-family dwellings: ten (10) feet.
2.
All other permitted and conditional uses: twenty-five (25) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(Code 1966, § 36-600(4); Ord. No. 84-9003, § 1, 2-13-84)
The RS district is designed for single-family dwellings and compatible uses, at a density not less than one (1) acre per dwelling unit (one (1) unit/acre).
(Code 1966, § 36-601)
Permitted uses in the RS district are as follows:
(1)
Agriculture as defined in this chapter;
(2)
Dwellings, single-family detached;
(3)
Family-care facilities;
(4)
Golf courses, not including accessory clubhouses, golf driving ranges, pitch and putt or miniature golf courses;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses and home occupations, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-601(1); Ord. No. 80-8796, § 3, 7-7-80)
Conditional uses in the RS district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(6)
Public utility uses, as follows, provide that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Substations;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Ambulance services.
(7)
Schools, primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-601(2); Ord. No. 80-8796, § 4, 7-7-80; Ord. No. 81-8863, § 2, 8-3-81; Ord. No. 88-9287, § 1, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 1, 10-2-23; Ord. No. 23-11190, § 1, 12-18-23)
Lot size requirements in the RS district are as follows:
(1)
Minimum lot area: one (1) acre.
(2)
Minimum lot width: one hundred (100) feet.
(3)
Minimum lot depth: one hundred fifty (150) feet.
(Code 1966, § 36-601(3))
Bulk regulations in the RS district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Eighty (80) feet, measured from the center line of the street or fifty (50) feet, measured from the front lot line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard on each side of a zoning lot:
1.
Single-family dwellings: ten (10) feet.
2.
Group day care centers located in an existing structure resided in by one or more members of the family operating such a facility: ten (10) feet.
3.
All other permitted and conditional uses: twenty-five (25) feet.
c.
Minimum rear yard: thirty (30) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 36-601(4); Ord. No. 84-9003, § 2, 2-13-84; Ord. No. 85-9116, § 1, 12-23-85)
The R district is designed to provide a single-family dwelling zone at a density of not less than eight thousand five hundred (8,500) square feet per dwelling unit (five and one-tenth (5.1) units acre).
(Code 1966, § 36-602)
Permitted uses in the R district are as follows:
(1)
Agriculture, as defined in this chapter;
(2)
Dwellings, single-family detached;
(3)
Family-care facilities;
(4)
Golf courses, but not including accessory clubhouses, or golf driving ranges, pitch and putt or miniature golf courses;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses and home occupations, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-602(1); Ord. No. 80-8796, § 5, 7-7-80)
Conditional uses in the R district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(6)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(7)
Schools: primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs, and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-602(2); Ord. No. 80-8796, § 6, 7-7-80; Ord. No. 81-8863, § 3, 8-3-81; Ord. No. 87-9207, § 1, 9-28-87; Ord. No. 88-9287, § 2, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 2, 10-2-23; Ord. No. 23-11190, § 2, 12-18-23)
Lot size requirements in the R district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: eight thousand five hundred (8,500) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: eight thousand five hundred (8,500) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family detached dwellings: seventy (70) feet.
b.
Group day care centers located in an existing structure resided in by one or more members of the family operating such a facility: seventy (70) feet.
c.
All other permitted and conditional uses: one hundred (100) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-602(3); Ord. No. 85-9116, § 2, 12-23-85)
Bulk regulations for the R district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: thirty (30) feet from the property line or sixty (60) feet from the center line, whichever is greater.
B.
Collector street: thirty (30) feet from the property line or sixty (60) feet from the center line, whichever is greater.
C.
Arterial street: thirty (30) feet from the property line or eighty (80) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance from front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yards:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: fifteen (15) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of the chapter.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 36-602(4); Ord. No. 84-9003, § 3, 2-13-84; Ord. No. 85-9116, § 3, 12-23-85; Ord. No. 86-9142, § 1, 7-21-86; Ord. 03-10143, § 1, 5-12-03)
The R-1 district is designed to provide a dwelling zone at a density of not less than six thousand (6,000) square feet per dwelling unit (seven and twenty-six-hundredths (7.26) units acre).
(Code 1966, § 36-603)
Permitted uses in the R-1 district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses, or golf driving ranges, pitch and putt or miniature golf courses;
(4)
Home occupations;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-603(1); Ord. No. 80-8796, § 7, 7-7-80)
Conditional uses in the R-1 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street;
(6)
Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission.
a.
Ambulance service;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(7)
Schools: primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-603(2); Ord. No. 80-8796, § 8, 7-7-80; Ord. No. 81-8863, § 4, 8-3-81; Ord. No. 87-9208, § 1, 9-28-87; Ord. No. 88-9287, § 3, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 3, 10-2-23; Ord. No. 23-11190, § 3, 12-18-23)
Lot size requirements in an R-1 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: six thousand (6,000) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: six thousand (6,000) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family detached dwellings: sixty (60) feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: sixty (60) feet.
c.
All other permitted and conditional uses: one hundred (100) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-603(3); Ord. No. 85-9116, § 4, 12-23-85; Ord. No. 87-9208, § 2, 9-28-87)
Bulk regulations in the R-1 district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance for front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of the chapter.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-603(4); Ord. No. 84-9003, § 4, 1-13-84; Ord. No. 85-9116, § 5, 12-23-85; Ord. No. 86-9142, § 2, 7-21-86; Ord. No. 87-9208, § 3, 9-28-87; Ord. No. 03-10143, § 1, 5-12-03)
The R-2 district is designed to provide for multiple-family development at a minimum of three thousand (3,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (14.5 units/acre).
(Code 1966, § 36-604)
Permitted uses in the R-2 district are as follows:
(1)
Dwellings:
a.
Single-family detached;
b.
Single-family attached, not exceeding two (2) units per building;
c.
Two-family detached;
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Home occupations;
(5)
Park and playgrounds;
(6)
Accessory and temporary uses, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-604(1); Ord. No. 80-8796, § 9, 7-7-80; Ord. No. 89-9316, §§ 1, 5, 3-6-89)
Conditional uses in the R-2 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Group rehabilitation facility;
(5)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(6)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(7)
Multiple-family dwellings; provided however, that any such use which exists on March 10, 1989, shall be deemed to be a nonconforming use but shall, without further action be deemed a lawful conforming use;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Rooming and boarding houses;
(10)
Schools: primary, intermediate and secondary;
(11)
Single-family attached dwellings exceeding two (2) but not exceeding six (6) units per building;
(12)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(13)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-604(2); Ord. No. 80-8796, § 10, 7-7-80; Ord. No. 81-8863, § 5, 8-3-81; Ord. No. 84-9020, § 1, 5-7-84; Ord. No. 87-9209, § 1, 9-28-87; Ord. No. 88-9287, 11-14-88; Ord. No. 89-9316, §§ 2, 5, 3-6-89; Ord. No. 91-9465, § 1, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 4, 10-2-23; Ord. No. 23-11190, § 4, 12-18-23)
Lot size requirements in the R-2 district are as follows:
(1)
Minimum lot area:
a.
Single-family and two-family detached dwellings: six thousand (6,000) square feet.
b.
Single-family attached dwellings: three thousand (3,000) square feet per dwelling.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility is a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
d.
Multifamily: three thousand (3,000) square feet per family but not less than six thousand (6,000) square feet.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family and two-family detached dwellings: fifty (50) feet.
b.
Single-family attached dwellings: twenty-four (24) feet, except that for corner lots the minimum shall be forty (40) feet.
c.
Two-family dwelling: fifty (50) feet.
d.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two-family dwelling: fifty (50) feet.
e.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(4)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-604(4); Ord. No. 84-9003, § 5, 1-13-84; Ord. No. 85-9116, § 7, 12-23-85; Ord. No. 86-9142, § 3, 7-21-86; Ord. No. 87-9209, § 3, 9-28-87; Ord. No. 89-9316, §§ 4, 5, 3-6-89; Ord. No. 25-11252, § 1, 6-23-25)
Bulk regulations in the R-2 district are as follows:
(1)
Maximum structure height:
a.
Permitted uses: thirty-five (35) feet;
b.
Conditional uses: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line of fifty-five (55) feet from the centerline, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure; provided, that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet; and further provided, that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot; except that:
A.
Residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
B.
Single-family attached residential dwellings may have the side yard reduced to zero (0) at the common lot line.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot; except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have the minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
The R-2.5 district is designed to provide for multiple-family development at minimum of two thousand (2,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (21.8 units/acre).
(Code 1966, § 36-604A)
Permitted uses in the R-2.5 district are as follows:
(1)
Dwellings:
a.
Single-family;
b.
Two-family;
c.
Multiple-family;
d.
Rooming and boardinghouses.
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Group-care facilities;
(5)
Home occupations;
(6)
Parks and playgrounds;
(7)
Accessory and temporary uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-604A(1); Ord. No. 80-8796, § 11, 7-7-80)
Conditional uses in the R-2.5 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(3)
Group rehabilitation facility;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: Five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: One hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
A.
Front yard: Thirty (30) feet on all sides abutting a street.
B.
Side yard: Fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: Twenty-five (25) feet.
(7)
Professional offices, provided that they be located on an arterial or collector street and occupy a structure of less than two thousand (2,000) square feet of gross floor area;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Schools: primary, intermediate and secondary;
(10)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(11)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-604A(2); Ord. No. 80-8796, § 12, 7-7-80; Ord. No. 81-8863, § 6, 8-3-81; Ord. No. 87-9020, § 2, 5-7-84; Ord. No. 87-9210, § 1, 9-28-87; Ord. No. 88-9287, § 5, 11-14-88; Ord. No. 91-9465, § 2, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 5, 10-2-23; Ord. No. 23-11190, § 5, 12-18-23)
Lot size requirements in the R-2.5 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: six thousand (6,000) square feet.
b.
Single-family attached or two-family dwellings: not less than three thousand (3,000) square feet per family.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Group day care centers operating in a single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
d.
Multifamily: two thousand (2,000) square feet per family but not less than six thousand (6,000) square feet.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family dwellings: fifty (50) feet.
b.
Two-family dwelling: fifty (50) feet.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two-family dwelling: fifty (50) feet.
d.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-604A(3); Ord. No. 85-9116, § 8, 12-23-85; Ord. No. 87-9210, § 2, 9-28-87)
Bulk regulations in the R-2.5 district are as follows:
(1)
Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 26-604A(4); Ord. No. 84-9003, § 6, 2-13-84; Ord. No. 85-9116, § 9, 12-23-85; Ord. No. 86-9142, § 4, 7-21-86; Ord. No. 87-9210, § 3, 9-28-87)
The R-3 district is designed to provide for multiple-family development at a minimum of one thousand (1,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (43.6 units/acre).
(Code 1966, § 36-605)
Permitted uses in the R-3 district are as follows:
(1)
Dwellings:
a.
Single-family;
b.
Two-family;
c.
Multiple-family;
d.
Rooming and boardinghouses.
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Group-care facilities;
(5)
Home occupations;
(6)
Parks and playgrounds;
(7)
Accessory and temporary uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-605(1); Ord. No. 80-8796, § 13, 7-7-80)
Conditional uses in the R-3 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(3)
Group rehabilitation facility;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: Five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: One hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
A.
Front yard: Thirty (30) feet on all sides abutting a street.
B.
Side yard: Fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: Twenty-five (25) feet.
(7)
Professional offices, provided that they be located on an arterial or collector street and occupy a structure of less than two thousand (2,000) square feet of gross floor area;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Schools: primary, intermediate and secondary;
(10)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(11)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-605(2); Ord. No. 80-8796, § 14, 7-7-80; Ord. No. 81-8863, § 7, 8-3-81; Ord. No. 84-9020, § 3, 5-7-84; Ord. No. 87-9211, § 1, 9-28-87; Ord. No. 88-9287, § 6, 11-14-88; Ord. No. 91-9465, § 3, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 6, 10-2-23; Ord. No. 23-11190, § 6, 12-18-23)
Lot size requirements in the R-3 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings; six thousand (6,000) square feet.
b.
Single-family attached or two-family dwellings: not less than three thousand (3,000) square feet per family.
c.
Multiple-family: one thousand (1,000) square feet per family but not less than six thousand (6,000) square feet.
d.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Group day care centers operating in a single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family dwellings: fifty (50) feet.
b.
Two-family dwelling: fifty (50) feet.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two family dwelling: fifty (50) feet.
d.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-605(3); Ord. No. 85-9116, § 10, 12-23-85; Ord. No. 87-9211, § 2, 9-28-87)
Bulk regulations in the R-3 district are as follows:
(1)
Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-605(4); Ord. No. 84-9003, § 7, 2-13-84; Ord. No. 85-9116, § 11, 12-23-85; Ord. No. 86-9142, § 5, 7-21-86; Ord. No. 87-9211, § 3, 9-28-87)
The MH district is designed to provide for the placement of manufactured homes built in compliance with the Federal Manufactured Housing Construction and Safety Standards. Two (2) subdistricts are created within the manufactured home district, "MH-S" (manufactured home—subdivision) and "MH-P" (manufactured home—park). In the "MH-S" district all manufactured homes are to be placed on individually subdivided lots. The "MH-P" district allows manufactured homes to be placed on rented spaces within the manufactured home parks.
(Ord. No. 91-9488, § 1, 1-6-92)
Permitted uses in the MH-S district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Golf courses, including accessory clubhouse or golf driving range, but not pitch and putt or miniature golf courses;
(4)
Manufactured homes;
(5)
Modular homes;
(6)
Parks and playgrounds;
(7)
Accessory, temporary, and home occupation uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading as required by article XI of this chapter.
(Ord. No. 91-9488, § 1, 1-6-92)
Conditional uses in the MH-S district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hospitals, sanitariums, rest homes and nursing homes, provided they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(5)
Public utility uses, as follows: provided that a landscape plan or screening plan, if necessary, is first approved by the planning commission;
a.
Ambulance service;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping station;
e.
Substations;
f.
Water towers and standpipes.
(6)
Schools: primary, intermediate and secondary;
(7)
Swimming clubs, tennis clubs and community clubhouses;
(8)
YMCA, YWCA and other similar uses as defined in this chapter.
(Ord. No. 91-9488, § 1, 1-6-92; Ord. No. 23-11175, § 7, 10-2-23; Ord. No. 23-11190, § 7, 12-18-23)
Lot size requirements in the MH-S district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings, modular homes, manufactured homes, family-care facilities, and parks and playgrounds: six thousand (6,000) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: six thousand (6,000) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet, except no minimum for gas regulator stations, pumping stations, or substations.
(2)
Minimum lot width:
a.
Single-family detached dwellings, modular homes, manufactured homes, and family-care facilities: sixty (60) feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: sixty (60) feet.
c.
All other permitted and conditional uses: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations.
(3)
Minimum lot depth: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations.
(Ord. No. 91-9488, § 1, 1-6-92)
Bulk regulations in the MH-S district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty (20) feet from the property line or fifty (50) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
When seventy (70) percent or more of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling or manufactured home dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance for front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of this chapter.
c.
Minimum rear yard: fifteen (15) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Ord. No. 91-9488, § 1, 1-6-92)
Cross reference— Placement of mobile homes, § 22-17.
Development standards in the MH-S district are as follows:
(1)
The tract to be used for a manufactured home subdivision shall not be less than two (2) acres in area, unless it is an extension of or addition to an existing manufactured home subdivision.
(2)
Streets, private roadways, sidewalks, utilities, drainage facilities and other improvements shall be designed, constructed and installed to comply with chapter 36 of the Salina Code, subdivision regulations.
(3)
All manufactured homes located within a manufactured home subdivision shall comply with the following requirements:
a.
Each manufactured home shall have a minimum width of fourteen (14) feet and a minimum main floor area, excluding any attached garage or porch, of eight hundred (800) square feet;
b.
The roof shall be double pitched and shall overhang both side walls or the front end wall of the unit by at least six (6) inches, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition or fiberglass shingles. Roofing materials shall not consist of corrugated aluminum, fiberglass or metal;
c.
The exterior siding shall consist of nonreflective siding material such as wood, composition or simulated wood, clapboard, conventional vinyl or metal lap siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint between siding and enclosure wall shall be flashed in accordance with the city building code.
d.
Each manufactured home shall be installed in accordance with the recommended installation procedures of the manufacturer upon a basement, slab, piers or other permanent masonry foundation that complies with the city building code so as to be classified and taxed as real property under K.S.A. 79-340. Each unit shall be permanently anchored to and supported by permanent footings extending to the frost line. Anchoring straps or cables affixed to ground anchors shall not be considered sufficient. Exterior over-the-top tie downs shall not be permitted. If interior piers are used for the foundation, the crawlspace shall be enclosed by a permanent, full perimeter exterior curtain wall consisting of concrete or masonry. The enclosure wall shall be unpierced except for required access and ventilation;
e.
The running gear, tongue, axles and wheels shall be removed;
f.
Each manufactured home shall be permanently connected to all utilities in conformance with applicable city codes;
g.
Each lot shall have access from an improved public or private street and two (2) off-street parking spaces.
(Ord. No. 91-9488, § 1, 1-6-92)
Permitted uses in the MH-P district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Manufactured homes;
(4)
Mobile homes, as permitted by section 42-230;
(5)
Modular homes;
(6)
Parks and playgrounds;
(7)
Customary accessory uses, such as laundry facilities, manager's office, clubhouse, community buildings, etc.;
(8)
Accessory, temporary and home occupation uses, as permitted by article IV of this chapter;
(9)
Signs, as permitted by article X of this chapter;
(10)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 91-9488, § 1, 1-6-92)
Cross reference— Placement of mobile homes, § 22-17.
Conditional uses in the MH-P district are as follows:
(1)
Recreational campgrounds, subject to the regulations specified in section 42-229;
(2)
All conditional uses listed in the MH-S district, provided that they shall be governed by the requirements of the MH-S district.
(Ord. No. 91-9488, § 1, 1-6-92)
Lot size requirements in the MH-P are as follows:
(1)
Minimum lot area:
a.
Manufactured home parks: two (2) acres, unless it is an extension of or an addition to an existing park.
b.
Each manufactured home space shall provide a minimum area of four thousand (4,000) square feet.
c.
Other permitted uses: six thousand (6,000) square feet.
(2)
Minimum lot width:
a.
Manufactured home spaces: forty (40) feet, except that corner lots shall provide a minimum width of forty-five (45) feet.
b.
Other permitted uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Ord. No. 91-9488, § 1, 1-6-92)
Bulk regulations in the MH-P district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Minimum separation and setback requirements for manufactured homes:
a.
All manufactured homes shall be located so as to maintain a clearance of not less than fifteen (15) feet from another manufactured home or appurtenance thereto, or twenty (20) feet from another mobile home or appurtenance thereto. No manufactured home shall be located closer than twenty (20) feet from any principal building within the park or three (3) feet from any accessory building. Accessory buildings shall be located so as to comply with the bulk regulations in section 42-58.
b.
All structures shall maintain the following minimum setbacks:
1.
Internal residential streets: twenty (20) feet from the property line or forty (40) feet from the center line, whichever is greater.
2.
External residential streets: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
3.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
4.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
5.
MH-P district boundary: twenty-five (25) feet from the boundary of any other residential district.
(3)
Maximum lot coverage: forty (40) percent.
(Ord. No. 91-9488, § 1, 1-6-92)
(1)
Utilities: New manufactured home parks shall be permitted only when served by an approved sewer and water supply system. Within each manufactured home park all utility lines, from manufactured home to source, including electricity and telephone lines, shall be placed underground.
(2)
Drainage: Parks shall be located on a well-drained site, properly graded to insure rapid drainage, and shall be kept free of stagnant pools of water.
(3)
Density: Manufactured home parks hereafter approved shall have a minimum area of four thousand five hundred (4,500) square feet of space per manufactured home, exclusive of internal streets and rights-of-way.
(4)
Recreation area: Each manufactured home park shall devote a minimum of five hundred (500) square feet per manufactured home space for recreational or open area. This recreational or open area may be included in each manufactured home space or may be developed separately. Separate recreational or open areas shall not be less than four thousand (4,000) square feet and required setbacks, roadways, rights-of-way and off-street parking spaces shall not be considered as recreational or open areas. A minimum of fifty (50) percent of the separate recreational or open space area shall be constructed or provided prior to the development of one-half (½) of the project, and all recreational facilities or open areas shall be constructed or provided by the time the project is seventy-five (75) percent developed.
(5)
Storm shelters: In each new park or in park expansions of ten (10) units or more, properly ventilated and constructed storm shelters shall be provided in a central or other convenient location at a rate of eighteen (18) square feet of shelter space for each newly constructed manufactured home space. Storm shelters shall be built in accordance with the building codes of the city.
(6)
Streets:
a.
General layout:
1.
A manufactured home park shall be directly accessible to a public street by means of internal private paved streets within the park. Each mobile home lot shall obtain exclusive access from internal private streets, with no direct access to external public streets.
2.
Internal streets shall be designed to permit connection with existing storm sewer and other drainage facilities.
3.
Internal streets shall be designed for the convenient movement of traffic and emergency vehicles. Dead-end streets shall be provided with adequate surfaced turning space, a minimum of sixty (60) feet in diameter with no parking, and eighty (80) feet in diameter with parking. The maximum length of a dead-end street shall be six hundred (600) feet.
4.
Intersections generally shall be at right angles and at no point shall streets intersect at an angle less than sixty (60) degrees. Intersections of more than two (2) streets at one (1) point shall be avoided.
b.
Width of roadways:
1.
Internal streets with no on-street parking allowed shall have a minimum of twenty (20) feet of paving.
2.
Internal streets with parking allowed on one (1) side only shall have a minimum of twenty-six (26) feet of paving.
3.
Internal streets with parking allowed on both sides of the street shall have a minimum of twenty-nine (29) feet of paving.
4.
A minimum of forty (40) feet of right-of-way shall be provided for internal streets. All structures shall maintain a twenty (20) feet setback from the right-of-way line.
c.
Surfacing:
1.
All internal streets shall be hard-surfaced with asphalt or concrete or suitable substitute approved by the city engineer.
2.
Street surfaces shall be durable and graded to insure adequate surface drainage and shall be maintained free of cracks, holes and other hazards. All internal streets shall be owned and maintained by the owner of the manufactured home park.
(7)
Fire protection: The fire chief may designate certain internal streets within the park as fire lanes.
(8)
Parking: Adequate parking shall be provided for the use of park residents and guests. Each mobile home lot shall have off-street parking for two (2) automobiles.
(9)
Walkways: A system of hard-surfaced walkways shall be provided connecting individual manufactured home spaces with park streets and all community facilities provided for park residents. A portion of the roadway surface may be reserved for walkways provided the roadway is widened accordingly and pedestrian and vehicular traffic will not interfere with one another.
(10)
Lighting: All private internal streets and walkways shall be lighted by not less than three-tenths (0.3) foot candles of artificial light.
(11)
Landscaping:
a.
Perimeter screening. All manufactured home parks shall provide a permanently landscaped buffer area of at least twenty-five (25) feet in width around those portions of the park perimeter that border public rights-of-way or residential zoning districts. Such areas may contain trees, shrubbery, grass, benches, fencing, berms or other landscaping features. Setback areas not bordering public rights-of-way or residential districts may be used to fulfill recreational or open area requirements.
b.
Park landscaping. Exposed ground surfaces within each manufactured home park shall be paved, covered with stone, gravel or other solid material or protected with a vegetative growth capable of preventing soil erosion and objectionable dust. All areas not used for street access, parking, walkways, buildings or service shall be completely and permanently landscaped and the entire site maintained in good condition. Planting of trees and shrubs is required to the extent needed to provide for:
1.
Screening of objectionable views and neighboring uses.
2.
Adequate shade for the manufactured homes in the park.
(12)
Manufactured home stands (pad): A stand shall be provided on every manufactured home lot to accommodate the manufactured home and attached accessory structures. The stand shall consist of concrete ribbons or slabs a minimum of eighteen (18) inches wide and capable of carrying the weight of the manufactured home. Anchoring facilities for the placement and tie-down of the manufactured home shall be installed in accordance with K.S.A. 75-1226 through 1232 before any home is occupied.
(13)
Lot identification: Each stand within a manufactured home park shall be assigned an address by the city engineering department. The assigned address shall be clearly posted or displayed so as to publicly identify the unit to which the address is assigned.
(Ord. No. 91-9488, § 1, 1-6-92)
Any person hereafter desiring to develop or enlarge a manufactured home park shall submit a park plan, which shall accompany the application for amendment to the MH-P district. No permits for a manufactured home park shall be issued until the park plan has been approved as part of the rezoning process and the proposed development or expansion is in compliance with the terms of this chapter. Such plan shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet and two (2) copies shall accompany the application for MH-P zoning. Such plan shall include the following information:
(1)
Name and address of the owner and applicant.
(2)
Location and legal description of the manufactured home park.
(3)
The area and dimensions of the tract of land proposed to be rezoned.
(4)
Topographic survey of the property with contour intervals of two (2) feet, natural features and existing structures and streets.
(5)
The number, location and dimensions of all lots, including proposed building setbacks from exterior property lines and from internal streets.
(6)
The location and width of internal streets and walkways.
(7)
Plans for controlling surface drainage.
(8)
The location of existing and proposed water, sewer, gas, electrical, and other utility lines and easements protecting these utilities.
(9)
The location of recreation, storage, laundry, refuse, and other common facilities and/or service buildings and areas.
(10)
The location and description of the street and area lighting system.
(11)
Plans for screening including the use of plant materials, fencing and other landscaping structures and features.
(12)
Other information as may be requested by the planning commission or the board of commissioners.
(Ord. No. 91-9488, § 1, 1-6-92)
The planning commission shall review the rezoning request, including the park plan, and recommend approval or denial to the board of commissioners or may request modifications to the proposed park plan as are deemed necessary to comply with the MH-P district regulations.
Approval by the board of commissioners shall amend the zoning map, establishing an MH-P district for the property designated in the application and shall constitute approval of the park plan. The approved park plan shall be incorporated by reference in the ordinance creating the MH-P district.
(Ord. No. 91-9488, § 1, 1-6-92)
The applicant for a conditional use permit to allow a recreational campground in an MH-P, A-1 or C-7 district shall submit a preliminary campground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and showing the general layout of the proposed campground. Two (2) copies of the plan shall accompany the conditional use permit application. Such plan shall comply with the following minimum requirements:
(1)
The tract to be used as a campground shall not be less than two (2) acres in area and shall be permitted only when served by an approved sanitary sewer and water supply system.
(2)
Permitted uses within the campground shall include:
a.
Motor homes;
b.
Travel trailers;
c.
Tents and tent trailers;
d.
Customary accessory uses such as laundry facilities, manager's office, clubhouse, swimming pool, etc.
(3)
Contours at two-foot intervals shall be indicated on the plan.
(4)
The campground shall be located on a well-drained site, properly graded, where necessary, to insure rapid drainage and freedom from stagnant pools of water.
(5)
Sight-obscuring screening of not less than six (6) feet in height shall be provided between the campground and any other residential zoning district.
(6)
A minimum setback of twenty-five (25) feet must be maintained along all boundaries of the campground that adjoin a public street or a residential zoning district.
(7)
Service buildings shall be provided at a rate of one (1) for each one hundred (100) camping spaces. Each service building shall:
a.
Be located in a reasonable central location within the campground;
b.
Be of permanent construction;
c.
Have an accessible, adequate, safe and potable supply of cold water;
d.
Have one (1) flush-type toilet, one (1) lavatory, and one (1) shower or bathtub for females; and one (1) flush-type toilet, one (1) lavatory, and one (1) shower or bathtub for males for each thirty (30) camping spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water;
e.
Comply with all applicable chapters of the building code regarding the construction of buildings and the installation of electrical, plumbing, heating, and air conditioning systems;
f.
Be maintained in a clean, sanitary condition and kept free of any condition that will endanger the health or safety of any occupants or the public.
(8)
Vented storm shelters shall be provided in a central or other convenient location at the rate of twelve (12) square feet per designated or intended camping space.
(9)
Structures shall not exceed thirty-five (35) feet in height.
Upon approval of the preliminary campground plan by the planning commission, the applicant shall prepare and submit two (2) copies of a final campground plan, which shall incorporate any changes or alterations requested, to the secretary of the planning commission. Upon the determination by the secretary that the final campground plan accurately reflects the desires of the planning commission, a conditional use permit will be issued. An approved copy shall be forwarded, within seven (7) days, to the zoning administrator, who may issue the required permits upon proper application.
(Ord. No. 91-9488, § 1, 1-6-92)
Short term recreational vehicle parking areas that are accessory to an existing hotel, motel, truck stop or travel plaza located in a C-5 or C-7 district shall be allowed only upon approval of a conditional use permit in accordance with the provision of section 42-597.2 of the zoning regulations.
Accessory short term recreational vehicle parking areas shall not be considered to be recreational campgrounds and shall not be subject to the requirements of section 42-229 of the zoning regulations, except as may be required by the conditions imposed pursuant to a conditional use permit. In considering a conditional use permit application the Planning Commission may impose requirements related to the total number of parking spaces allowed, limits on continuous nights of rental or use of parking spaces, and such other conditions as deemed necessary and appropriate to make the accessory recreational vehicle parking area compatible with surrounding property and to protect health, safety, and welfare of the public.
(Ord. No. 22-11096, § 1, 2-14-22)
(a)
Manufactured home parks shall comply with the provisions of chapter 22 of the Salina Code.
(b)
All manufactured homes placed in new, expanded or existing manufactured home parks after January 1, 1992, shall have been manufactured after June 15, 1976 and shall bear a label certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards (42 U.S.C. Sec. 5401); provided however, that mobile homes built prior to June 15, 1976, and not bearing a HUD code label shall be permitted to be placed within an existing manufactured home park if the unit has been inspected by the building official and bears a certificate stating that the unit meets or exceeds HUD code standards or any minimum housing code standards adopted by the city. For the purposes of this section, "existing manufactured home park" means any park properly licensed and in operation prior to January 1, 1992.
(c)
Mobile homes located in manufactured home parks existing prior to January 1, 1992 and on individual zoning lots shall hereafter be deemed lawful nonconforming uses and shall be subject to the provisions of section 42-579 of the Salina Code. Mobile homes located or placed in existing manufactured home parks and meeting the criteria in section 42-230(b) above shall be considered lawful conforming uses in the MH-P district.
(Ord. No. 91-9488, § 1, 1-6-92)
Whenever a property zoned MH-P ceases to be used for such purposes for a period of two (2) years, the planning commission may initiate action and hold a public hearing to rezone the property back to a more appropriate zoning district.
(Ord. No. 91-9488, § 1, 1-6-92)
The U district is a zone that is designed to be used separately as a district zone or in combination with any one (1) or more of the residential districts. The two (2) principal functions of this district are:
(1)
To give the university-oriented functions more flexibility than they would have if located in a residential district; and
(2)
To permit the establishment of the types of uses which ordinarily cluster about a university, but which are not located on university property.
(Code 1966, § 36-607)
Permitted uses in the U district are as follows:
(1)
Art galleries, libraries and museums;
(2)
Colleges, universities and theological schools, including their buildings owned or leased for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities and dormitories;
(3)
Fraternal and service clubs, as defined;
(4)
Fraternities and sororities;
(5)
Lodging and boardinghouses;
(6)
Offices, meetings rooms, laboratories and other facilities for educational, fraternal, professional, religious and statistical research organization and institutions;
(7)
Parking lots for passenger automobiles, accessory to uses permitted in the university district;
(8)
Schools: elementary, intermediate and secondary.
(Code 1966, § 36-607(1))
Conditional uses in the U district are as follows:
(1)
Private or public parking lots or garages operated for profit or not for profit, provided that there shall not be any accessory or permitted uses in conjunction with such use, and that no parking garage shall exceed forty (40) feet in height, and provided further, that all parking lots or garages shall be landscaped or screened according to a landscape plan or screening plan which has first been approved by the planning commission;
(2)
No other conditional uses are permitted, except such conditional uses as could otherwise be allowed in any residential district with which this district is combined.
(Code 1966, § 36-607(2))
Lot size requirements in the U district are as follows:
(1)
Minimum lot area:
a.
Colleges, universities and theological school structures: no minimum requirement.
b.
Structures providing lodging rooms for unmarried students: three hundred seventy-five (375) square feet per lodging room.
c.
All other permitted and conditional uses shall comply with the minimum lot area required in the residential district with which the university district is combined.
(2)
Minimum lot width:
a.
Colleges, universities, and theological school structures: no minimum requirement.
b.
All other permitted and conditional uses shall comply with the minimum lot width required in the residential district with which the university district is combined.
(3)
Minimum lot depth:
a.
Colleges, universities, and theological school structures: no minimum requirement.
b.
All other permitted and conditional uses shall comply with the minimum lot depth required in the residential district with which the university district is combined.
(Code 1966, § 36-607(3))
Bulk regulation in the U district are as follows:
(1)
When the university district regulations are applied in combination with the restrictions of any residential district, then all structures shall comply with the bulk regulations in the residential district with which the university district is combined, except that the rear yard may be reduced to eight (8) feet for parking garages.
(2)
There shall be an additional one-foot setback for each two (2) feet of height over forty (40) feet.
(3)
When the university district is applied as a separate zoning district, then the following bulk regulations shall apply:
a.
Maximum lot coverage: thirty (30) percent.
b.
Minimum setback: fifty (50) feet from each public street and from each lot line that adjoins property in any other zoning district.
c.
Maximum structure height: no limitations.
(Code 1966, § 36-607(4))
The H-M district is designed and intended to be a special purpose zoning district. The three (3) principal purposes of this district are:
(1)
To give hospital oriented functions more flexibility in development and design compatible with health care delivery than they would have if located in a residential or commercial district;
(2)
To permit the establishment of the types of uses which ordinarily cluster around a hospital or medical center; and
(3)
To preserve and protect the city's designated historic districts by insuring that adequate buffers are provided adjacent to historic district boundaries and by discouraging hospital development outside the Hospital-Medical district in adjacent historic districts.
(Ord. No. 03-10139, § 1, 5-5-03)
Permitted uses in the H-M district are as follows:
(1)
Ambulance garages;
(2)
Cancer treatment centers;
(3)
Dental offices and clinics;
(4)
Dental surgeons;
(5)
Health care related diagnostic and therapeutic services;
(6)
Health care related mobile services;
(7)
Hearing testing services;
(8)
Hospice facilities;
(9)
Hospitals;
(10)
Kidney dialysis facilities;
(11)
Medical conference and education centers;
(12)
Medical equipment sales;
(13)
Medical laboratories;
(14)
Medical offices and clinics;
(15)
Medical research centers;
(16)
Mental health and chemical dependence facilities;
(17)
Multi-level parking garages;
(18)
Optical shops;
(19)
Outpatient surgery centers;
(20)
Pharmacies;
(21)
Recreational vehicle hook up stations for occupied motor homes and travel trailers. One (1) station shall be permitted per one hundred (100) licensed hospital beds and stations may be located no closer than fifty (50) feet from a residential property line;
(22)
Support housing for health center staff, physicians and the locum-tenens program;
(23)
Surface parking lots;
(24)
Support services facilities such as laundry service, child care centers, building maintenance facilities and energy plants;
(25)
Other health care related facilities and services not expressly listed as conditional uses;
(26)
Accessory and temporary uses, as permitted by article IV of the chapter;
(27)
Signs as permitted by article X of this chapter; and
(28)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 03-10139, § 2, 5-5-03)
Conditional uses in the H-M district are as follows:
(1)
Commercial and retail businesses that are freestanding and not health care related;
(2)
Freestanding buildings greater than twelve thousand five hundred (12,500) square feet in size and less than two (2) stories in height;
(3)
Group care facilities;
(4)
Heliports;
(5)
Nursing homes and assisted living facilities;
(6)
Publicly-owned parking lots; and
(7)
Single-family and two-family dwellings.
(Ord. No. 03-10139, § 3, 5-5-03)
Lot size requirements in the H-M district are as follows:
(1)
Minimum lot area: Six thousand (6,000) square feet for residential uses.
Seven thousand (7,500) square feet for other uses.
(2)
Minimum lot width: thirty-five (35) feet at property line.
Sixty (60) feet at building setback line.
(3)
Minimum lot depth: One hundred (100) feet.
(Ord. No. 03-10139, § 4, 5-5-03)
Bulk regulations in the H-M district are as follows:
(1)
Maximum structure height: Six (6) stories. This limitation shall not apply to chimneys, flues, stacks, fire escapes, elevator enclosures, equipment penthouses rooftop support lighting or other appurtenances needed to operate and maintain the building on which they are located. Rooftop communication towers and antennas shall not be subject to this height limit but shall be subject to the requirements in section 42-69.
(2)
Minimum structure height: two (2) stories, except that additions to existing larger facilities, freestanding buildings less than twelve thousand five hundred (12,500) square feet in size and support services buildings may be one (1) story in height.
(3)
Minimum yard requirements:
a.
Front yard: No minimum setback requirement on Santa Fe Avenue, a fifteen (15) foot will be required on Fifth Street and a twenty-five (25) foot setback will be required on property abutting any other public street.
b.
Side yard: None required, except when, a side yard in this district abuts a residential district or designated historic district, a side yard of twenty-five (25) feet shall be provided.
c.
Rear yard: None required, except when a rear yard in this district abuts a residential district or designated historic district, a side yard of twenty-five (25) feet shall be provided.
d.
In addition to the above noted setbacks, for each foot of building height about forty (40) feet, the required setback shall increase by one (1) foot for each additional one (1) foot in building height.
(4)
Maximum lot coverage:
a.
Parking garages: One hundred (100) percent except that parking garages adjacent to residential and historic district boundaries must comply with the rear and side yard setback requirements in section 42-245(3).
b.
Penn Campus tower bounded by Ash Street, Penn Avenue, Johnstown Avenue and Oakdale Avenue: Ninety (90) percent
c.
Santa Fe Campus Hospital Tower: Seventy-five (75) percent.
d.
All other freestanding buildings and facilities: Fifty (50) percent.
(5)
Maximum site coverage: Ninety (90) percent (including buildings, paving and sidewalks on a lot);
(6)
Minimum landscaped area: ten (10) percent (excluding parking lot islands).
(Ord. No. 03-10139, § 5, 5-5-03)
Use limitations in the H-M district shall be as follows:
(1)
Where the exterior boundary of the H-M district is marked by a public street, a buffer area not less than fifteen (15) feet in width shall be maintained abutting the H-M side of the right-of-way. No structures shall be permitted in said buffer area except for monument signs, walls or fences.
(2)
Where the exterior boundary of the H-M district abuts a residential district, a buffer area not less than fifteen (15) feet in width shall be maintained on the H-M district side of the property line. This buffer area shall be landscaped and screening provided in accordance with the requirements of section 42-65(6).
(3)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Ord. No. 03-10139, § 6, 5-5-03)
Special provisions in the H-M district shall be as follows:
(1)
Setbacks shall be measured from the H-M district boundary with the exception of this special provision. Where a designated historic district established prior to the effective date of this ordinance overlays the H-M district, development shall be limited to buildings no more than two (2) stories in height within that historic district overlay and shall conform with the minimum setbacks set out in section 42-245(3). In locations where a historic district overlays the H-M district the historic district boundary line shall be used as the property line for the purpose of measuring setback for buildings above two (2) stories in height. New construction within historic district overlay area shall be designed to be compatible with the architectural character of the historic district.
(Ord. No. 03-10139, § 7, 5-5-03)
The P district is designed and intended to be a special purpose zoning district. This district is intended to accommodate many of the city's public, semi-public and governmental facilities. It is intended for use in areas of the city which have been assigned a public/semi-public or parks/open space future land use designation in the Comprehensive Plan. The three (3) principal purposes of this district are:
(1)
To provide suitable locations for governmental and educational facilities which serve a public need in the community;
(2)
To accommodate the unique operational needs of public buildings, facilities and uses which are owned, controlled or used by the City of Salina or other governmental body; and
(3)
To insure that sufficient land area, open space, buffering and access control are provided by public uses so as to minimize potential adverse impacts on adjacent land uses.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(PF) sub-district are as follows:
(1)
Animal shelter;
(2)
Aquatic centers and spray parks;
(3)
Community centers;
(4)
Community gardens;
(5)
Dog parks;
(6)
Fire stations;
(7)
Golf courses;
(8)
Governmental buildings and offices;
(9)
Indoor recreation centers;
(10)
Libraries;
(11)
Neighborhood centers;
(12)
Public parks and playgrounds;
(13)
Pump stations, wells;
(14)
Accessory and temporary uses as permitted by article IV of this chapter;
(15)
Signs as permitted by article X of this chapter;
(16)
Off-street parking and loading as required by article X of this chapter.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(PF) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Cemeteries;
(3)
Jails and other detention facilities;
(4)
Public arenas;
(5)
Public works and public utilities maintenance facilities and yards;
(6)
Sanitary landfills;
(7)
Utility substations;
(8)
Water towers;
(9)
Wastewater treatment plants;
(10)
Water treatment plants;
(11)
Wireless communication facilities (by special permit under section 42-69);
(12)
Zoos.
(Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(EF) sub-district are as follows:
(1)
Administrative offices;
(2)
Elementary and intermediate schools, public and private, and related support facilities and uses, including but not limited to accessory storage buildings, accessory school bus parking and outdoor sports recreational fields;
(3)
Secondary schools, public and private, and related support facilities and uses including but not limited to accessory storage buildings, accessory school bus parking, greenhouses, gymnasiums and outdoor sports and recreation fields.
(4)
Accessory and temporary uses as permitted by article IV of this chapter;
(5)
Signs as permitted by article X of this chapter;
(6)
Off-street parking and loading as required by article XI of this chapter;
(Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(EF) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Bus barns;
(3)
School maintenance facilities and yards;
(4)
Public arenas;
(5)
Wireless communication facilities (by special permit under section 42-69).
(Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(EX) sub-district are as follows:
(1)
Agricultural demonstration plots;
(2)
Animal shows, including but not limited to dog shows, horse shows and rodeos;
(3)
Aquatic centers;
(4)
Commercial expositions and trade shows;
(5)
Concerts;
(6)
Convention centers, meetings spaces, including licensed drinking and dining facilities;
(7)
Dog parks;
(8)
Fairs, carnivals, circuses;
(9)
Parking and storing of motor vehicles;
(10)
Public parks and playgrounds;
(11)
Public recreation centers;
(12)
Sporting events;
(13)
Temporary overnight camping facilities;
(14)
Accessory and temporary uses as permitted by article IV of this chapter;
(15)
Off-street parking and loading as permitted by article XI of this chapter;
(16)
Signs as permitted by article X of this chapter.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(EX) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Public arenas;
(3)
Wireless communication facilities (by special permit under section 42-69).
(Ord. No. 12-10667, § 1, 12-3-12)
Lot size requirements in the P district are as follows:
(1)
Minimum lot area: Fifteen thousand (15,000) square feet
(2)
Minimum lot width: thirty-five (35) feet at property line.
One hundred (100) feet at building setback line.
(3)
Minimum lot depth: One hundred fifty (150) feet.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was number 42-248.3
Bulk regulations in the P district are as follows:
(1)
Maximum structure height: Sixty (60) feet. This limitation shall not apply to water towers, chimneys, flues, stacks, fire escapes, elevator enclosures, equipment penthouses rooftop support lighting or other appurtenances needed to operate and maintain the building on which they are located. Communication towers and rooftop antennas shall not be subject to this height limit but shall be subject to the requirements in section 42-69.
(2)
Minimum yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
V.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure; provided, that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet; and further provided, that the construction conforms with all remaining bulk regulations.
3.
Maximum lot coverage: Fifty (50) percent.
4.
Maximum site coverage: Eighty (80) percent (including buildings, paving and sidewalks on a lot);
5.
Minimum landscaped area: twenty (20) percent (excluding parking lot islands).
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was numbered 42-248.4.
Use limitations in the P district shall be as follows:
(1)
Where the exterior boundary of a P district is marked by a public street, a buffer area not less than fifteen (15) feet in width shall be maintained abutting the right-of-way. No structures shall be permitted within said buffer area except for monument signs, walls or fences.
(2)
Where the exterior boundary of a P district abuts a residential district, a landscaped buffer area of not less than twenty-five (25) feet in width shall be provided between the lot line and any building, structure, or activity area. No building, structure, parking, loading or storage shall occur within the buffer area.
(3)
All outdoor storage areas shall be enclosed by sight obscuring screening of not less than six (6) feet in height.
(4)
Exterior lighting in the P district shall be shaded and downcast so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was number 42-248.5
The C-1 district is designed to provide for a restricted commercial alternative to multiple-family development adjacent to arterial streets and highways, and at the same time avoid the typical strip commercial development. To achieve this end, a very limited number of nonretail businesses are permitted.
(Code 1966, § 36-608)
Permitted uses in the C-1 district are as follows:
(1)
Business and professional offices, provided that any warehouse or storage space associated with such offices shall not exceed fifty (50) percent of the gross floor area of the principal structure;
(2)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(3)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code.
(4)
Medical and dental clinics, and guidance centers;
(5)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(6)
Office building or clinic: the following uses would be permitted when located in an office building, or medical or dental clinic, provided such uses could be entered only from an interior lobby or hallway and there is no advertising or display visible from the exterior of the structure:
a.
Barbershops;
b.
Beauty shops;
c.
Gift shops;
d.
Newsstands;
e.
Package liquor stores;
f.
Pharmacies;
g.
Restaurants.
(7)
Office facilities for salesmen, sales representatives, or manufacturer's representative, when no retail, wholesale, or exchange of goods is made or transacted on the premises;
(8)
Offices for ministers, rabbis, priests, etc.;
(9)
Public utility uses, including substations and ambulance services;
(10)
Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses;
(11)
YMCA, YWCA and other similar organizations;
(12)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(13)
Signs, as permitted by article X of this chapter;
(14)
Accessory and temporary uses, as permitted by article IV of this chapter;
(15)
Off-street parking and loading as required by article XI of this chapter.
(Code 1966, § 36-608(1); Ord. No. 83-8954, § 1, 1-24-83; Ord. No. 84-9020, § 4, 5-7-84; Ord. No. 84-9029, § 1, 7-9-84; Ord. No. 88-9241, § 1, 4-11-88, Ord. No. 15-10782, § 1, 7-13-2015)
Conditional uses in the C-1 district are as follows:
(1)
Banks and financial institutions;
(2)
Mail order houses;
(3)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: one hundred fifty (150) feet except as provided in subsection (3)b.2.N.
2.
Minimum yard requirements:
A.
Front yard: thirty (30) feet on all sides abutting a street.
B.
Side yard: fifteen (15) feet except there shall be an additional side yard setback of one foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: twenty-five (25) feet.
3.
Maximum lot coverage: forty (40) percent.
(4)
Research laboratories (limited to research such as medical records, statistical research, etc.);
(5)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(6)
All permitted uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 district.
(Code 1966, § 36-608(2))
Lot size requirements in the C-1 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-608(3))
Bulk regulations in the C-1 district are as follows:
(1)
Maximum structure height: thirty (30) feet, except multiple-family development which shall be governed by the regulations for the R-3 district, provided that there shall be one (1) additional foot of setback on the side yards for each two (2) feet of height over thirty (30) feet.
(2)
Minimum yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard: eight (8) feet on each side.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 46-608(4); Ord. No. 84-9003, § 9, 2-13-84; Ord. No. 9142, § 7, 7-21-86)
Use limitations in the C-1 district are as follows:
(1)
All business, service, storage and display of goods shall be conducted within a completely enclosed structure.
(2)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(3)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(4)
Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted to cover more than fifty (50) percent of the total area of any required front yard.
(Code 1966, § 36-608(5); Ord. No. 84-9002, § 1, 2-13-84; Ord. No. 95-9704, § 1, 8-28-95)
The C-2 district is designed to permit areas of convenience shopping facilities of no less than one (1) acre so located to serve one (1) or more residential neighborhoods.
(Code 1966, § 36-609)
Permitted uses in the C-2 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Art galleries;
(4)
Banks and financial institutions;
(5)
Barbershops;
(6)
Beauty shops;
(7)
Bicycle shops;
(8)
Bookstores;
(9)
Business and professional offices;
(10)
Camera and photographic supply stores;
(11)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(12)
Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises;
(13)
Florist shops;
(14)
Food stores, including grocery stores, meat markets, bakeries and delicatessens;
(15)
Gift shops and variety stores;
(16)
Group day care centers, provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(17)
Medical and dental clinics, and guidance centers;
(18)
Mortuaries and funeral homes, including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(19)
Optical shops;
(20)
Pharmacies;
(21)
Public utility uses, including substations and ambulance services;
(22)
Self-service laundry and dry cleaning establishments;
(23)
Shoe repair shops;
(24)
Studios or offices for artists, sculptors, authors, composers, photographers and other similar uses;
(25)
Tailor shops;
(26)
YMCA, YWCA and other similar organizations;
(27)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(28)
Accessory and temporary uses, as permitted by article IV of this chapter;
(29)
Signs, as permitted by article X of this chapter;
(30)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-609(1); Ord. No. 82-8918, § 1, 8-9-82; Ord. No. 83-8954, § 2, 1-24-83; Ord. No. 84-9020, § 5, 5-7-84; Ord. No. 84-9029, § 2, 7-9-84; Ord. No. 88-9241, § 2, 4-11-88; Ord. No. 909386, §§ 1, 3, 8-13-90, Ord. No. 15-10782, § 2, 7-13-2015)
Conditional uses in the C-2 district are as follows:
(1)
Drinking establishment;
(2)
Electronic cigarette establishments;
(3)
Hardware stores;
(4)
Package liquor stores;
(5)
Research laboratories (limited to medical records, statistical research, etc.);
(6)
Restaurants, excluding drive-up window service and drive-in establishments;
(7)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(8)
Tattoo parlors and body piercing studios;
(9)
Telephone exchanges and telephone transmission equipment structures;
(10)
Tobacco shops;
(11)
All permitted and conditional uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 district.
(Code 1966, § 36-609(2); Ord. No. 909396, §§ 2, 3, 8-13-90; Ord. 12-10629, § 1, 2-27-12; Ord. 14-10746, § 2, 8-11-14; Ord. No. 18-10950, § 1, 8-6-18)
Lot size requirements in the C-2 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(3)
Minimum zoning area: ten thousand (10,000) square feet unless contiguous to or within two hundred (200) feet of a similar zoning district.
(Code 1966, § 36-609(3); Ord. No. 90-9379, §§ 1, 2, 4-9-90)
Bulk regulations in the C-2 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: none required, except when, a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be provided.
c.
Rear yard: none required except when a rear yard in this district abuts a residential district, a rear yard of fifteen (15) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-609(4); Ord. No. 83-8970, § 1, 8-22-83; Ord. No. 84-9003, § 10, 2-13-84; Ord. No. 86-9142, § 8, 7-21-86)
Use limitations in the C-2 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than five (5) percent of the total floor area may be used for open display and sales.
(3)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(4)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purses (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(5)
No individual business establishment shall occupy more than twenty-five thousand (25,000) square feet of floor space.
(Code 1966, 36-609(5); Ord. No. 84-9002, § 2, 2-13-84)
The C-3 district is designed to provide a district of no less than one (1) acre for a relatively broad range of retail shopping facilities which primarily consist of specialty shops and stores.
(Code 1966, § 36-610)
Permitted uses in the C-3 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Appliance stores;
(4)
Auditoriums and community theatres;
(5)
Automobile sales and rental, within a completely enclosed building, except that the outdoor display and sale of automobiles may be approved as a temporary use provided that sales events shall be limited to a maximum of four (4) consecutive days in any six-month period.
(6)
Automobile service and accessory stores, provided that all service shall be conducted within a completely enclosed building;
(7)
Banks and financial institutions;
(8)
Barbershops;
(9)
Beauty shops;
(10)
Bicycle shops;
(11)
Blueprinting and photostating establishments;
(12)
Bookstores;
(13)
Business and professional offices;
(14)
Camera and photographic supply stores;
(15)
Carpet and rug stores;
(16)
China and glassware stores;
(17)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(18)
Department stores;
(19)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(20)
Dry cleaning establishments;
(21)
Drygoods stores;
(22)
Florist shops;
(23)
Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(24)
Furniture stores;
(25)
Furrier shops, including the incidental storage and conditioning of furs;
(26)
Gasoline service stations;
(27)
Gift shops;
(28)
Governmental buildings;
(29)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(30)
Hardware stores;
(31)
Hobby shops;
(32)
Hotels and motels;
(33)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, or secondary to, a retail operation;
(34)
Jewelry stores;
(35)
Leather goods and luggage stores;
(36)
Mail-order houses;
(37)
Medical and dental clinics, and guidance centers;
(38)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(39)
Music stores and musical instrument sales and repair;
(40)
Newsstands;
(41)
Optical sales;
(42)
Package liquor stores;
(43)
Paint and wallpaper stores;
(44)
Pet grooming shops;
(45)
Pet stores;
(46)
Pharmacies;
(47)
Physical and health services such as private gymnasiums and reducing salons;
(48)
Private clubs (clubs and organizations, and fraternal and service clubs as defined only);
(49)
Printing plants;
(50)
Public utility uses, including substations and ambulance services;
(51)
Radio and television broadcasting stations;
(52)
Recording studios;
(53)
Research laboratories;
(54)
Restaurants, including establishments with drive up window service and drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles;
(55)
Restricted production and repair limited to the following: alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities;
(56)
Schools: music, dance or business;
(57)
Self-service laundry and dry cleaning establishments;
(58)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(59)
Sporting goods stores;
(60)
Tailors;
(61)
Telephone exchanges and telephone transmission equipment structures;
(62)
Theatres, indoor only;
(63)
Travel bureaus and transportation ticket offices;
(64)
Variety stores;
(65)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(66)
Accessory and temporary uses, as permitted by article IV of this chapter;
(67)
Signs, as permitted by article X of this chapter;
(68)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-601(1); Ord. No. 81-8863, § 8, 8-3-81; Ord. No. 82-8918, § 2, 8-9-82; Ord. No. 83-8954, § 3, 1-24-83; Ord. No. 84-9020, § 6, 5-7-84; Ord. No. 84-9029, § 3, 7-9-84; Ord. No. 87-9196, § 1, 7-27-87; Ord. No. 88-9241, § 3, 4-11-88; Ord. No. 95-9695, § 1, 7-10-95; Ord. No. 07-10424, § 1, 12-3-07; Ord. No. 15-10782, § 3, 7-13-2015)
Conditional uses in the C-3 district are as follows:
(1)
Bus stations;
(2)
Contractor's offices;
(3)
Electronic cigarette establishments;
(4)
Mini-warehouses;
(5)
Multiple-family dwellings provided they shall be governed by the R-3 multiple-family residential district requirements. Such requirements shall include consideration of density, yards, off-street parking, lot coverage and all other requirements for multifamily development as required in the R-3 residential district, except that there shall be one (1) additional foot of setback for each two (2) feet of height over thirty-five (35) feet;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: one hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
i.
Front yard: thirty (30) feet on all sides abutting a street.
ii.
Side yard: fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
iii.
Rear yard: twenty-five (25) feet.
3.
Maximum lot coverage: forty (40) percent.
(7)
Shooting ranges (indoor);
(8)
Tattoo parlors and body piercing studios;
(9)
Taverns;
(10)
Tobacco shops.
(Code 1966, § 36-610(2); Ord. 12-10629, § 1, 2-27-12; Ord. No. 17-10904, § 1, 11-13-17)
Lot size requirements in the C-3 district are as follows: no minimum, but zoning district must be a minimum of one (1) acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Code 1966, § 36-610(3))
Bulk regulations in the C-3 district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located accent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or sixty-five (65) feet from the centerline, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: none required except when a side yard in this district abuts a residential district, a side yard of fifteen (15) feet shall be provided.
c.
Rear yard: none required except when a rear yard in this district abuts a residential district, a rear yard of fifteen (15) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-610(4); Ord. No. 83-8970, § 2, 8-22-83; Ord. No. 84-9003, § 11, 2-13-84; Ord. No. 86-9142, § 9, 7-21-86; Ord. No. 87-9212, § 1, 9-28-87)
Use limitations in the C-3 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except:
a.
Restaurants which may have food and beverage service on an outdoor patio not more than fifty (50) percent the size of the indoor eating space.
b.
Garden centers accessory to a department or grocery store which may have outdoor display and sales of plants, nursery stock and gardening supplies in an area not greater than fifteen (15) percent of the floor area of the store, provided that the outdoor display area may not be located between the front of the principal building and an arterial street.
c.
Other required conditions:
1.
The area used for outdoor service, display and sales shall be enclosed or otherwise separated from the off-street parking area and circulation drives.
2.
The area used for outdoor service, display and sales shall be adjacent to the principal building and such area shall comply with the setback requirements for the principal building.
3.
The area used for outdoor service, display and sales shall be calculated as floor area in determining the number of required off-street parking spaces.
(3)
No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles.
(4)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(5)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-610(5); Ord. No. 84-9002, § 3, 2-13-84; Ord. No. 88-9264, § 1, 8-1-88)
The C-4 district is designed to provide a district for a broad range of retail shopping facilities.
(Code 1966, § 36-611)
Permitted uses in the C-4 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Appliance stores, sales and service;
(4)
Art galleries, libraries and museums;
(5)
Auditoriums and community theaters;
(6)
Automobile sales, rental and service, provided all displays of vehicles are within a completely enclosed building; provided however, that any such use with an outdoor display area in existence on January 8, 2000 shall be deemed to be a lawful nonconforming use;
(7)
Auto parts stores;
(8)
Banks and financial institutions;
(9)
Barbershops;
(10)
Beauty shops;
(11)
Bicycle shops;
(12)
Blueprinting and photostating establishments;
(13)
Bookstores;
(14)
Bowling alleys;
(15)
Bus stations;
(16)
Business and professional offices;
(17)
Camera and photographic supply stores;
(18)
Carpet and rug stores;
(19)
China and glassware stores;
(20)
Contractor's offices;
(21)
Department stores;
(22)
Dry cleaning establishments;
(23)
Drygoods stores;
(24)
Electrical contractors;
(25)
Electronic parts and supplies;
(26)
Florist shops;
(27)
Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(28)
Fraternal and service clubs;
(29)
Furniture repair and restoration shop;
(30)
Furniture stores;
(31)
Furrier shops, including the incidental storage and conditioning of furs;
(32)
Gasoline service stations;
(33)
Gift shops;
(34)
Glass and mirror sales and service;
(35)
Government buildings;
(36)
Handcrafts, ceramics, pottery and art materials and supplies shops;
(37)
Hardware stores;
(38)
Hobby shops;
(39)
Hospitals, sanitariums, rest homes, and nursing homes, provided that parking is provided in accordance with section 42-553;
(40)
Hotels and motels, provided that parking is provided at one-half (½) the number of off-street parking spaces required under section 42-553;
(41)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, and secondary to, a retail operation;
(42)
Jewelry stores;
(43)
Leather goods and luggage stores;
(44)
Mail-order houses;
(45)
Massage therapy;
(46)
Mechanical contractors;
(47)
Medical and dental clinics, and guidance centers;
(48)
Mortuaries and funeral homes; including crematories, provided that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(49)
Music stores and musical instrument sales;
(50)
Newspaper offices and printing;
(51)
Newsstands;
(52)
Office equipment and supply;
(53)
Optical sales;
(54)
Package liquor stores;
(55)
Paint and wallpaper stores;
(56)
Pest control and exterminators;
(57)
Pet grooming shops;
(58)
Pet stores;
(59)
Pharmacies;
(60)
Physical and health services such as private gymnasiums and reducing salons;
(61)
Printing plant;
(62)
Private parking garages and lots;
(63)
Public parking garages and lots;
(64)
Public utility uses including substations and ambulance services;
(65)
Radio and television broadcasting stations;
(66)
Radio and television repair shops;
(67)
Recording studios;
(68)
Residential dwellings, accessory to and located above or below the ground floor of another principal use;
(69)
Restaurants with or without the sale of alcoholic beverages, but no drive-in establishments;
(70)
Restricted production and repair limited to the following: alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities;
(71)
Schools: music, dance or business;
(72)
Self-service laundry and dry cleaning establishments;
(73)
Shoe repair shops;
(74)
Sporting goods stores;
(75)
Tailor shops;
(76)
Telephone exchanges and telephone transmission equipment structures;
(77)
Theaters, indoor only;
(78)
Travel bureaus and transportation ticket offices;
(79)
Variety stores;
(80)
YMCA, YWCA, and other similar organizations;
(81)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(82)
Accessory and temporary uses, as permitted by article VI of this chapter,
(83)
Accessory off-street parking and loading, as required by article XI of this chapter;
(84)
Signs, as permitted by article X of this chapter.
(Code 1966, § 36-611(1); Ord. No. 81-8863, § 9, 8-3-81; Ord. No. 82-8918, § 3, 8-9-82; Ord. No. 83-8954, § 4, 1-24-83; Ord. No. 84-9020, § 7, 5-7-84; Ord. No. 88-9241, § 4, 4-11-88; Ord. No. 92-9536, § 1, 10-12-96; Ord. No. 99-9961, § 1, 1-3-00; Ord. No. 01-10056, § 1, 9-24-01; Ord. No. 05-10281, § 1, 6-20-05; Ord. 08-10446, § 1, 5-5-08, Ord. No. 15-10782, § 4, 7-13-2015, Ord. No. 16-10822, § 1, 3-7-2016, Ord. No. 16-10842, § 1, 7-11-16)
Conditional uses in the C-4 district are as follows:
(1)
Amusement arcades, indoor only;
(2)
Amusement and vending devices, sales and service;
(3)
Automobile repair;
(4)
Car washes;
(5)
Church, chapel, temple, synagogue and shrine;
(6)
Custom cabinet and woodworking shop;
(7)
Dog kennels;
(8)
Drinking establishments with less than thirty (30) percent food sales;
(9)
Electronic cigarette establishments;
(10)
Equipment sales, rental and service, except construction-type equipment;
(11)
Food and/or beverage service on an outdoor patio which is accessory to a restaurant or bar, provided that the patio area may not exceed the size or occupant load of the indoor serving space;
(12)
Group care facility;
(13)
Group day-care centers, provided that such us shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building codes;
(14)
Home improvement center;
(15)
Outdoor merchandise sales and display area accessory to a retail store, provided that the display area may not exceed the floor area of the store;
(16)
Motorcycle sales, rental and service, provided that all display of vehicles is within a completely enclosed building;
(17)
Pawn shops;
(18)
Private clubs;
(19)
Recycling centers;
(20)
Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking.
(21)
Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one-half (½) the ratio set forth in section 42-553 and provided that such development shall comply with the R-3 multiple-family district requirements for density and lot size (section 42-204) in addition to the C-4 bulk regulations;
(22)
Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one-half (½) the ratio set in section 42-553 and provided that such development shall have a minimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations;
(23)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(24)
Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district;
(25)
Teen centers;
(26)
Testing and research laboratories;
(27)
Tobacco shops;
(28)
Warehouse and wholesale houses.
(Code 1966, § 36-611(2); Ord. 91-9440, § 1, 5-13-91; Ord. 92-9536, § 2, 10-12-92; Ord. 99-9961, § 2, 1-3-00; Ord. 01-10021, § 1, 2-12-01; Ord. 01-10056, § 2, 9-24-01; Ord. 05-10281, § 2, 6-20-05; Ord 06-10339, § 1, 7-17-06; Ord. 08-10436, § 1, 2-4-08; Ord. 08-10446, § 1, 5-5-08, Ord. 11-10622, § 1, 10-17-2011; Ord. 12-10654, § 1, 9-10-12; Ord. 13-10717, § 1, 9-23-13; Ord. No. 14-10746 § 2, 8-11-14)
Prohibited uses in the C-4 district are as follows:
(1)
Massage parlors;
(2)
Mini-warehouses;
(3)
Payday loans companies.
(Ord. 08-10446, § 1, 5-5-08; Ord. No. 11-10622, § 1, 10-17-11)
Lot size requirements in the C-4 district are as follows: no minimum requirements.
(Code 1966, § 36-611(3))
Bulk regulations in the C-4 district are as follows:
(1)
Maximum structure height: no limitations.
(2)
Yard requirements:
a.
Front yard: none.
b.
Side yard: none required, except as provided below.
c.
Rear yard: none required, except as provided below.
d.
Where any side and/or rear yard abuts a residential district, a landscaped side and/or rear yard shall be provided along such side and/or rear yard that is ten (10) feet in width.
(3)
Maximum lot coverage: one hundred (100) percent.
(Code 1966, § 36-611(4))
Use Limitations in the C-4 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. No products produced in this district shall be of a nature that they would be classified as a permitted use in the I-2 or I-3 districts if produced separately from a use permitted in this district.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except
a.
Restaurants and drinking establishments which may have accessory food and/or beverage service on an outdoor patio on their property if approved as a conditional use in accordance with the provisions in section 42-597.2.
b.
Outdoor merchandise areas and minor sidewalk dining areas for which a downtown activity permit has been obtained pursuant to section 6-110 of this Code.
c.
A sidewalk dining area for which a sidewalk café license agreement has been approved pursuant to section 35-262 of this Code.
d.
Retail stores which may have an accessory outdoor merchandise sales and display area no larger in size than the floor area of the store, provided that the outdoor display area is located on private property and not public right-of-way, if approved as a conditional use in accordance with the provisions in section 42-597.2. For the purposes of his section merchandise shall mean finished products removed from all packaging and boxes, assembled and ready for use by consumers.
(3)
No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles.
(4)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Code 1966, § 36-611(5); Ord. No. 95-9694, § 1, 7-10-95; Ord. No. 99-9961, § 3, 1-3-00; Ord. No. 01-10056, § 3, 9-24-01; Ord. No. 12-10654, § 2, 9-10-12; Ord. No. 25-11247, § 1, 6-9-25)
The C-5 district is designed for those business and commercial uses which draw their customers from motorists on the highway, or for whom a location on a highway or arterial street is especially useful or necessary. Although some of the typical retail uses are permitted in other commercial districts, most of these permitted this district would not blend well into a prime retail area.
(Code 1966, § 36-612)
Permitted uses in the C-5 district are as follows:
(1)
Ambulance services;
(2)
Antique shops;
(3)
Apparel stores;
(4)
Appliance stores, sales and service;
(5)
Auditoriums and community theatres;
(6)
Automobile sales and rental and service;
(7)
Automotive parts, wholesale;
(8)
Automotive sales, service and parts;
(9)
Bakeries;
(10)
Banks and financial institutions;
(11)
Barbershops;
(12)
Beauty shops;
(13)
Bicycle shops;
(14)
Boat sales, rental and service;
(15)
Bonding agencies;
(16)
Bookstores;
(17)
Bowling alleys;
(18)
Business and professional offices;
(19)
Camera and photographic supply stores;
(20)
Car washes;
(21)
Carpet and rug stores;
(22)
China and glassware stores;
(23)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(24)
Commercial off-street parking as a principal use;
(25)
Contractor's office;
(26)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(27)
Equipment sales and rental, not including heavy equipment type such as bulldozers and cranes;
(28)
Florist shops;
(29)
Food stores and delicatessens;
(30)
Fraternal and service clubs;
(31)
Furniture stores;
(32)
Furrier shops;
(33)
Garden stores; greenhouses and nurseries;
(34)
Gasoline service stations;
(35)
Gift and souvenir shops;
(36)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(37)
Governmental buildings;
(38)
Hardware stores;
(39)
Hobby shops;
(40)
Hotels and motels;
(41)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as part of, or secondary to, a retail operation;
(42)
Jewelry stores;
(43)
Leather and luggage stores;
(44)
Mail order houses;
(45)
Medical and dental clinics;
(46)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(47)
Music stores and musical instrument sales and repair;
(48)
Newsstands;
(49)
Office equipment and supply;
(50)
Optical sales;
(51)
Package liquor stores;
(52)
Paint and wallpaper stores;
(53)
Parking garages and lots;
(54)
Pawnshops;
(55)
Pest control and exterminators;
(56)
Pet stores and pet grooming shops;
(57)
Pharmacies;
(58)
Physical and health services such as private gymnasiums and reducing salons;
(59)
Pitch and putt, and miniature golf courses;
(60)
Printing plants;
(61)
Private clubs;
(62)
Public utility uses, including substations;
(63)
Radio and television broadcasting stations;
(64)
Radio and television sales and service;
(65)
Recording studios;
(66)
Recreational vehicle rental, sales and service;
(67)
Research laboratories;
(68)
Restaurants, including drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles;
(69)
Schools; music, dance or business;
(70)
Self-service laundry and dry-cleaning establishments;
(71)
Service and fraternal clubs and lodges;
(72)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(73)
Sporting goods stores;
(74)
Travel bureaus and transportation ticket offices;
(75)
Truck sales and service;
(76)
Variety stores;
(77)
YMCA, YWCA, and other similar organizations;
(78)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(79)
Accessory and temporary uses, as permitted by article IV of this chapter;
(80)
Signs as permitted by article X of this chapter;
(81)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-612(1); Ord. No. 81-8863, § 10, 8-3-81; Ord. No. 83-8954, § 5, 1-24-83; Ord. No. 84-9029, § 4, 7-9-84; Ord. No. 86-9158, § 1, 9-22-86; Ord. No. 88-9241, § 5, 4-11-88; Ord. No. 15-10770, § 4-13-15, Ord. No. 15-10782, § 5, 7-13-2015)
Conditional uses in the C-5 district are as follows:
(1)
Amusement parks and skating rinks;
(2)
Animal hospitals, provided that all pens shall be in an enclosed structure;
(3)
Automobile repair;
(4)
Electronic cigarette establishments;
(5)
Group care facilities;
(6)
Group rehabilitation facilities;
(7)
Hospitals, sanitariums, rest homes and nursing homes;
(8)
Lumber yards;
(9)
Mini-warehouses;
(10)
Multifamily dwellings, provided that:
a.
New buildings and additions to existing buildings shall comply with the requirements of the R-3 district and parking shall be provided in conformance with section 42-553;
b.
Conversions of existing nonresidential buildings shall comply with the lot size requirements of the R-3 district (section 42-204) in addition to the bulk regulations in the C-5 district and parking may be provided at one-half ratio set forth in section 42-553.
(11)
Multifamily dwellings for elderly and/or handicapped persons provided that:
a.
New buildings and additions to existing buildings shall comply with the requirements of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in section 42-203 and parking shall be provided in conformance with section 42-553;
b.
Conversions of existing nonresidential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with section 42-553.
(12)
Outdoor theatres;
(13)
Shooting ranges (indoor);
(14)
Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas;
(15)
Tattoo parlors and body piercing studios;
(16)
Taverns;
(17)
Telephone exchanges and telephone transmission equipment structures;
(18)
Tobacco shops.
(Code 1966, § 36-612(2); Ord. No. 91-9440, § 2, 5-13-91; Ord. No. 94-9629, § 1, 4-4-94; Ord. 12-10629, § 1, 2-27-12; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 2, 11-13-17; Ord. No. 22-11096, § 2, 2-14-22)
Lot size requirements in the C-5 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-612(3))
Bulk regulations in the C-5 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
No side or rear yard setback shall be required, other than under the conditions specified in subsection (2)a, except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet.
c.
Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line.
e.
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-612(4); Ord. No. 83-8970, § 3, 8-22-83; Ord. No. 84-9003, § 12, 2-13-84; Ord. No. 86-9142, § 10, 7-21-86; Ord. No. 99-9947, § 1, 9-13-99)
Use limitations in the C-5 district are as follows:
(1)
No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises and except that accommodation may be offered to transient public by motels and hotels.
(2)
All outdoor storage and vehicles in operating condition and off-street parking and loading spaces shall be enclosed by screening as provided in section 42-320(2)e. Off-street parking and loading spaces and the storage of automobiles and other motor vehicles in operating condition shall be so enclosed when such use abuts on a residential district at a side or a rear lot line or is separated from the district only by an alley.
(3)
All business establishments shall be retail or service establishments dealing directly with consumers, except wholesale when permitted as a conditional use. All goods produced on the premises shall be sold on the premises where produced.
(4)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential district.
(5)
Drive-in establishments offering food or services directly to customers waiting in parked motor vehicles shall screen the space allocated for customers and motor vehicles in the same manner as is required in subsection (2).
(6)
Sight-obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-612(5); Ord. No. 84-9002, § 4, 2-13-84)
The C-6 district is designed for commercial uses which deal with the sale and/or service of heavy equipment or products.
(Code 1966, § 36-613)
Permitted uses in the C-6 district are as follows:
(1)
Agricultural implement sales and service;
(2)
Ambulance services;
(3)
Amusement parks and skating rinks;
(4)
Animal hospitals, provided that all pens shall be in an enclosed structure;
(5)
Antique shops;
(6)
Apparel stores;
(7)
Appliance stores;
(8)
Armories;
(9)
Auditoriums and community theatres;
(10)
Automobile and truck sales and rental, including accessory repair and painting operations and facilities, provided that such operations or facilities shall comply with all the use limitations in section 42-336;
(11)
Automotive repair;
(12)
Automotive parts, wholesale;
(13)
Automotive sales, service and parts;
(14)
Banks and financial institutions;
(15)
Barbershops;
(16)
Beauty shops;
(17)
Bicycle shops;
(18)
Blueprinting and photostating establishments;
(19)
Boat sales rental and service;
(20)
Bonding agencies;
(21)
Bookstores;
(22)
Bowling alleys;
(23)
Business and professional offices;
(24)
Camera and photographic supply stores;
(25)
Car washes;
(26)
Carpet and rug stores;
(27)
China and glassware stores;
(28)
Commercial off-street parking as a principal use;
(29)
Contractor's offices;
(30)
Department stores;
(31)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(32)
Dry cleaning establishments;
(33)
Dry goods stores;
(34)
Electrical contractors;
(35)
Electronic parts and supplies;
(36)
Equipment sales and rental;
(37)
Florist shops;
(38)
Food stores and delicatessens;
(39)
Fraternal and service clubs;
(40)
Furniture stores;
(41)
Furrier shops;
(42)
Garden stores, greenhouses and nurseries;
(43)
Gasoline service stations;
(44)
Gift and souvenir shops;
(45)
Governmental buildings;
(46)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code.
(47)
Hardware stores;
(48)
Hobby shops;
(49)
Hospitals, sanitariums, rest homes and nursing homes;
(50)
Hotels and motels;
(51)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles;
(52)
Jewelry stores;
(53)
Leather and luggage stores;
(54)
Lumber yards;
(55)
Mail-order houses;
(56)
Mechanical contractors;
(57)
Medical and dental clinics, and guidance centers;
(58)
Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence;
(59)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(60)
Music stores and musical instrument sales;
(61)
Newspaper offices and printing;
(62)
Newsstands;
(63)
Office equipment and supply;
(64)
Optical sales;
(65)
Package liquor stores;
(66)
Paint and wallpaper stores;
(67)
Parking garages and lots;
(68)
Pawnshops;
(69)
Pest control and exterminators;
(70)
Pet grooming shops;
(71)
Pet stores;
(72)
Pharmacies;
(73)
Physical and health services;
(74)
Printing plants;
(75)
Private clubs;
(76)
Public utility uses, including substations;
(77)
Radio and television broadcasting stations;
(78)
Radio and television repair shops;
(79)
Recording studios;
(80)
Recreational vehicle rental, sales and service;
(81)
Restaurants, including drive-in establishments;
(82)
Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metals; watches; dentures; optical lenses; and other similar activities;
(83)
Schools: music, dance or business;
(84)
Self-service laundry and dry cleaning establishments;
(85)
Shoe repair shops;
(86)
Sporting goods stores;
(87)
Tailor shops;
(88)
Taverns;
(89)
Telephone exchanges and telephone transmission equipment structures;
(90)
Theatres, indoor only;
(91)
Variety stores;
(92)
YMCA, YWCA, and other similar organizations;
(93)
Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 42-336;
(94)
Accessory and temporary uses, as permitted by article IV of this chapter;
(95)
Signs as permitted by article X of this chapter;
(96)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-613(1); Ord. No. 81-8863, § 11, 8-3-81; Ord. No. 83-8954, § 6, 1-24-83; Ord. No. 84-9020, § 8, 5-7-84; Ord. No. 88-9241, § 6, 4-11-88; Ord. No. 91-9440, § 3, 5-13-91, Ord. No. 15-10782, § 6, 7-13-15; Ord. No. 17-10906, § 1, 11-13-17)
Conditional uses in the C-6 district are as follows:
(1)
Dog racing tracks;
(2)
Electronic cigarette establishments;
(3)
Horse racing tracks;
(4)
Mini-warehouses;
(5)
Outdoor theatres;
(6)
Shooting ranges (indoor);
(7)
Tattoo parlors and body piercing studios;
(8)
Tire repairs shops, recapping, etc.;
(9)
Tobacco shops;
(10)
Warehouse and wholesale houses.
(Code 1966, § 36-613(2); Ord. No. 80-8808, § 1, 8-25-80; Ord. No. 81-8863, § 12, 8-3-81; Ord. No. 86-9159, § 1, 9-22-86; Ord. No. 87-9173, § 1, 2-9-87; Ord. No. 12-10629, § 1, 2-27-12; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 3, 11-13-17; Ord. No. 17-10906, § 2, 11-13-17)
Lot size requirements in the C-6 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, 36-613(3))
Bulk regulations in the C-6 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof.
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
No side or rear yard setback shall be required other than under the conditions specified in subsection (2)a., except that when located adjacent to a property in a residential district there shall be a setback of ten (10) feet.
c.
Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-613(4); Ord. No. 83-8970, § 4, 8-22-83; Ord. No. 84-9003, § 13, 2-13-84; Ord. No. 86-9142, § 11, 7-21-86)
Use limitations in the C-6 district are as follows:
(1)
No structure shall be used for residential purposes except for a security guard or night watchman or the owner or operator of the business located on the premises.
(2)
All outdoor storage including off-street parking spaces shall be enclosed by screening from adjacent property located in a residential district.
(3)
All lighting shall be so located to avoid casting direct light upon any property located in a residential district.
(4)
Sight-obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-613(5); Ord. No. 84-9002, § 5, 2-13-84)
The C-7 district is designed to permit the development of service uses associated with interchange areas and other locations along major limited access highways. At certain access points food, lodging, motor vehicle service and fuel providers can be clustered to provide convenient service to the traveling public. The uses permitted in this district are required to be in an enclosed structure or effectively screened and the premises are to be appropriately landscaped so as to protect and enhance the appearance of interstate entrances and major arteries of access to the city.
(Ord. No. 89-9354, § 1, 11-13-89)
Permitted uses in the C-7 district are as follows:
(1)
Bus stations;
(2)
Car washes;
(3)
Commercial off-street parking as a principal use;
(4)
Gasoline service stations and accessory convenience stores;
(5)
Gift and souvenir shops;
(6)
Hotels, motels and convention facilities;
(7)
Package liquor stores, provided that such must be located inside a building used for convenience store, hotel, motel or restaurant purposes;
(8)
Restaurants, including drive-up and drive-in establishments;
(9)
Truck stops and accessory service;
(10)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(11)
Accessory and temporary uses, as permitted by article IV of this chapter;
(12)
Signs as permitted by article X of this chapter;
(13)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 89-9354, § 2, 11-13-89, Ord. 10-10549, § 1, 7-14-10, Ord. No. 15-10782, § 7, 7-13-15)
Conditional uses in the C-7 district are as follows:
(1)
Agricultural implement sales and service;
(2)
Automobile and truck sales, rental and repair service;
(3)
Automotive parts stores;
(4)
Beverage distributors;
(5)
Boat sales, rental and service;
(6)
Building supply stores and lumber yards;
(7)
Business and professional offices;
(8)
Commercial recreation facilities;
(9)
Department and discount stores;
(10)
Equipment sales and rental;
(11)
Food stores and delicatessens;
(12)
Fraternal and service clubs;
(13)
Furniture stores;
(14)
Governmental buildings;
(15)
Manufactured home and mobile home sales;
(16)
Private clubs;
(17)
Public utility uses, including substations;
(18)
Recreational vehicle campgrounds;
(19)
Recreational vehicles sales, rental and service;
(20)
Shooting ranges (indoor);
(21)
Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas;
(22)
Warehouses and wholesale houses.
(Ord. No. 89-9354, § 3, Ord. No. 90-9382, §§ 1, 2, 5-14-90; Ord. No. 17-10904, § 4, 11-13-17; Ord. No. 22-11096, § 3, 2-14-22)
Lot size requirements in the C-7 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(3)
Minimum zoning area: one (1) acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Ord. No. 89-9354, § 4, 11-13-89)
Bulk regulations in the C-7 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard: thirty (30) feet on all sides abutting a street; except when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
b.
Side yard: ten (10) feet, except when located adjacent to property in a residential district where a twenty-foot setback shall be required.
c.
Rear yard: ten (10) feet, except when located adjacent to property in a residential district where a twenty-foot setback shall be required.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street; however, a canopy may be constructed which further extends to, but not beyond, the front property line.
(3)
Maximum lot coverage: fifty (50) percent.
(Ord. No. 89-9354, § 5, 11-13-89)
Use limitations in the C-7 district shall be as established for the C-5 district (section 42-321) and as follows:
(1)
All walks, access drives and parking areas shall be surfaced with a permanent asphalt or concrete paving and, except for paved areas, the grounds shall be planted with appropriate vegetative materials and landscaped according to an approved landscape plan which shall be filed in the zoning administrator's office.
(2)
No outdoor storage shall be permitted in that area of the property between the front of the principal building or buildings and the public street on which the principal building or buildings front. All outdoor storage and loading areas elsewhere on the property shall be screened by fencing or landscaping treatment in such a manner that it shall not be visible from any public street. Areas devoted to outdoor storage, off-street parking and loading and the display of goods offered for sale or rental shall be screened when such areas abut a residential district at a side or rear lot line.
(3)
Signage shall be governed by the sign regulations for the C-5 district (section 42-522).
(Ord. No. 89-9354, § 6, 11-13-89)
The I-1 district is designed to permit a broad range of industrial activities within certain limitations. The uses permitted in this district are required to be in an enclosed structure and all premises are to be landscaped according to an approved landscape plan. All walks, drives and parking areas shall be all-weather surfaced.
(Code 1966, § 36-614)
Permitted uses in the I-1 district are as follows:
(1)
Adding machine manufacture;
(2)
Armories;
(3)
Artificial flower manufacture;
(4)
Automobile rental agency;
(5)
Automotive parts, wholesale;
(6)
Bakery, wholesale;
(7)
Beverage manufacturing and bottling works (excluding malts and spirits);
(8)
Bicycle manufacture;
(9)
Blueprinting and photostating;
(10)
Book publishing;
(11)
Boot and shoe manufacture;
(12)
Broom manufacture;
(13)
Business, professional and administrative offices;
(14)
Cabinet maker;
(15)
Candy manufacture;
(16)
Cap and hat manufacture;
(17)
Carpenter shop;
(18)
Carpet cleaning;
(19)
Cleaning and pressing;
(20)
Clock factory;
(21)
Clothing manufacture and assembly;
(22)
Coffin manufacture;
(23)
Cold storage warehouse;
(24)
Commission house;
(25)
Condensed milk manufacture;
(26)
Cosmetic manufacture;
(27)
Dental laboratory;
(28)
Drug manufacture;
(29)
Dry cleaning;
(30)
Drygoods, wholesale;
(31)
Dyeing and cleaning;
(32)
Electrical repair;
(33)
Electrical sign manufacture;
(34)
Electronic parts and supplies;
(35)
Envelope manufacture;
(36)
Equipment sales and rental, except heavy construction equipment;
(37)
Express storage and delivery station;
(38)
Frozen food lockers;
(39)
Fruit and vegetable drying;
(40)
Fur warehouse;
(41)
Furniture warehouse/storage;
(42)
Garden stores, greenhouses and nurseries;
(43)
Grocery store, wholesale;
(44)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(45)
Gymnasium equipment manufacture;
(46)
Hat cleaning;
(47)
Jewelry manufacture;
(48)
Knit goods manufacture;
(49)
Laboratories;
(50)
Laundry;
(51)
Limb (artificial) manufacture; (prosthesis manufacture);
(52)
Loose-leaf book manufacture;
(53)
Mattress manufacture;
(54)
Medicine manufacture;
(55)
Milk bottling plant;
(56)
Millinery making;
(57)
Mineral distillation and bottling;
(58)
Moving company, with storage facilities;
(59)
Newspaper offices and printing;
(60)
Office equipment and supply manufacture;
(61)
Office equipment and supply wholesale;
(62)
Optical goods manufacture;
(63)
Organ manufacture;
(64)
Paper products manufacture;
(65)
Pencil factory;
(66)
Perfumery;
(67)
Pharmaceutical products manufacture;
(68)
Phonograph manufacture;
(69)
Photo engraving company;
(70)
Piano manufacture;
(71)
Popcorn factory;
(72)
Printing plants;
(73)
Produce warehouse;
(74)
Public utility plants and services, including substations;
(75)
Publishing company;
(76)
Pump station;
(77)
Radio and television broadcasting stations;
(78)
Radio and television repair shops;
(79)
Radio manufacture;
(80)
Recycling center;
(81)
Recording studios;
(82)
Relay station (radio, television, etc.);
(83)
Research facilities;
(84)
Saddle manufacture;
(85)
Sign painting;
(86)
Small animal hospitals;
(87)
Soap manufacture;
(88)
Soda water manufacture;
(89)
Sporting goods manufacture;
(90)
Stair manufacture;
(91)
Storage warehouse;
(92)
Tailor shop;
(93)
Tea and spice packing;
(94)
Television aerials (classed with building to which attached);
(95)
Television manufacture;
(96)
Television sending or relay towers;
(97)
Textile manufacture;
(98)
Thermometer or thermostat manufacture;
(99)
Transfer company, baggage storage;
(100)
Trunk manufacture;
(101)
Upholstery manufacture;
(102)
Wallpaper manufacture;
(103)
Warehouse;
(104)
Watch manufacture;
(105)
Water company appurtenances;
(106)
Waterproofing treatment and manufacture;
(107)
Wholesale houses;
(108)
Wholesale produce storage and market;
(109)
Window shade manufacture;
(110)
Wire brush manufacture;
(111)
Wood products manufacture;
(112)
Woodworking shops;
(113)
Woven goods manufacture;
(114)
Accessory and temporary uses, as permitted by article IV of this chapter;
(115)
Signs, as permitted by article X of this chapter;
(116)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-614(1); Ord. No. 88-9242, § 1, 4-11-88; Ord. 07-10401, § 1, 8-13-07)
Conditional uses in the I-1 district are as follows:
(1)
Automobile and truck washes;
(2)
Automobile repair (no wrecking yard);
(3)
Boat sales, rental and service;
(4)
Building materials yard;
(5)
Contractor's office and storage yard;
(6)
Mini-warehouses;
(7)
Pest control and exterminators;
(8)
Plumbing shop;
(9)
Recreational vehicle rental, sales and service;
(10)
Truck sales and service;
(11)
Truck terminals;
(12)
Welding shop (no salvage yard).
(Code 1966, § 36-614(2); Ord. No. 88-9242, § 2, 4-11-88; Ord. 07-10401, § 1 8-13-07; Ord. No. 22-11111, § 1, 5-2-22)
Lot size requirements in the I-1 district are as follows:
(1)
Minimum lot width: one hundred (100) feet.
(2)
Minimum lot depth: one hundred fifty (150) feet.
(3)
Minimum zoning area: one acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Code 1966, § 36-614(3))
Bulk regulations in the I-1 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard: thirty-five (35) feet on all sides abutting a street, except when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
b.
Side yard: twenty (20) feet.
c.
Rear yard: twenty (20) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-614(4))
Use limitations in the I-1 district are as follows:
(1)
All operations, activities and storage shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any zoning district other than an I-1, I-2, or I-3 district and except that storage may be maintained outside the building in side yards or rear yards if such storage area is separated from public streets and other property (except property located in an I-1, I-2, or I-3 district) by screening of not less than six (6) feet in height.
(2)
No retail sales or services shall be permitted except incidental or accessory to a permitted use.
(3)
Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use.
(4)
All premises in an I-1 district shall be furnished with all-weather, hard surface walks and, except for parking areas, the grounds shall be planted and landscaped according to a landscape plan which shall be filed in the zoning administrator's office.
(5)
If a lot in an I-1 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(6)
No building shall be used for residential purposes except that a watchman may reside on the premises.
(7)
Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district or upon any street where glare is visible to traffic.
(Code 1966, § 36-614(5); Ord. No. 84-9002, § 6, 2-13-84)
The I-2 district is designed to permit industrial activities of a limited nature. This includes uses which in many cases are compatible with adjacent use districts.
(Code 1966, § 36-615)
Permitted uses in the I-2 district are as follows:
(1)
Any retail or commercial use, except those listed as conditional uses in the I-2 or I-3 districts;
(2)
Adding machine manufacture;
(3)
Armories;
(4)
Artificial flower manufacture;
(5)
Automobile assembly;
(6)
Automobile and truck washes;
(7)
Automobile rental agency;
(8)
Automobile repair (no wrecking yard);
(9)
Bakery, wholesale;
(10)
Beverage manufacturing and bottling (excluding malts and spirits);
(11)
Bicycle manufacture;
(12)
Blacksmith (no salvage yard);
(13)
Book publishing;
(14)
Boot and shoe manufacture;
(15)
Bottling works;
(16)
Broom manufacture;
(17)
Building materials yard;
(18)
Cabinet maker;
(19)
Candy manufacture;
(20)
Canning and preserving factory;
(21)
Cap and hat manufacture;
(22)
Carpenter shop;
(23)
Carpet cleaning;
(24)
Cleaning and pressing;
(25)
Clock factory;
(26)
Clothing manufacture;
(27)
Coffin manufacture;
(28)
Cold storage warehouse;
(29)
Commission house;
(30)
Concrete burial vault company;
(31)
Condensed milk manufacture;
(32)
Contractor's storage yard and offices;
(33)
Cosmetic manufacture;
(34)
Creamery, wholesale;
(35)
Dairy, wholesale;
(36)
Dental laboratory;
(37)
Drug manufacture;
(38)
Dry cleaning establishment;
(39)
Drygoods, wholesale;
(40)
Dyeing and cleaning;
(41)
Electrical repair;
(42)
Electrical sign manufacture;
(43)
Enameling and painting;
(44)
Engraving plant;
(45)
Envelope manufacture;
(46)
Express storage and delivery station;
(47)
Feed and seed stores;
(48)
Feed manufacturer;
(49)
Feed, wholesale;
(50)
Flour and grain storage and elevators;
(51)
Food products manufacture;
(52)
Frozen food lockers;
(53)
Fruit and vegetable drying;
(54)
Fur warehouse;
(55)
Furniture warehouse/storage;
(56)
Garage, repair;
(57)
Garment factory;
(58)
Greenhouses, retail and wholesale;
(59)
Grocery store, wholesale;
(60)
Gymnasium equipment manufacture;
(61)
Hangars with repair facilities;
(62)
Hat cleaning;
(63)
Hatchery;
(64)
Hay, grain, feed, wholesale;
(65)
Ice cream manufacture;
(66)
Ice manufacture;
(67)
Jewelry manufacture;
(68)
Knit goods manufacture;
(69)
Laboratories;
(70)
Laundry;
(71)
Limb (artificial) manufacture; (prosthesis manufacture);
(72)
Lime and cement warehouse;
(73)
Looseleaf book manufacture;
(74)
Lumber yard;
(75)
Macaroni manufacture;
(76)
Machinery and implement sales, rental, storage and repair;
(77)
Mattress manufacture;
(78)
Medicine manufacture;
(79)
Metal fabrication and assembly;
(80)
Milk bottling plant;
(81)
Milk depot, wholesale;
(82)
Millinery making;
(83)
Mineral distillation and bottling;
(84)
Mini-warehouses;
(85)
Mobile home sales and service;
(86)
Motorcycle repair;
(87)
Moving company, with storage facilities;
(88)
Newspaper offices and printing;
(89)
Office building on same site as industry (factory);
(90)
Office equipment and supply manufacture;
(91)
Optical goods manufacture;
(92)
Organ manufacture;
(93)
Overalls manufacture;
(94)
Paper products manufacture;
(95)
Pencil factory;
(96)
Perfumery;
(97)
Pest control and exterminators;
(98)
Pharmaceutical products manufacture;
(99)
Phonograph manufacture;
(100)
Photo engraving company;
(101)
Piano manufacture;
(102)
Plumbing shop;
(103)
Popcorn factory;
(104)
Printing plants;
(105)
Produce warehouse;
(106)
Public utility plants and services, including substations;
(107)
Publishing company;
(108)
Pump station;
(109)
Radio manufacture;
(110)
Recycling center;
(111)
Refrigerator manufacture;
(112)
Refuse service;
(113)
Relay station (radio, television, etc.);
(114)
Research facilities;
(115)
Rug cleaning;
(116)
Saddle manufacture;
(117)
Screw and bolt manufacture;
(118)
Seed company (processing);
(119)
Sheet metal shop;
(120)
Shirt factory;
(121)
Sign painting;
(122)
Small animal hospitals;
(123)
Soap manufacture;
(124)
Soda water manufacture;
(125)
Sporting goods manufacture;
(126)
Stair manufacture;
(127)
Storage of consumer grade fireworks [1.4G] subject to the locational and separation requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(128)
Storage warehouse;
(129)
Tailor shop;
(130)
Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and body piercing shall be located at least two hundred (200) feet from a church, school, day care center, park or residential zoning district;
(131)
Taxicab storage, repair;
(132)
Tea and spice packing;
(133)
Television aerials (classed with building to which attached);
(134)
Television manufacture;
(135)
Television sending or relay towers;
(136)
Textile manufacture;
(137)
Thermometer or thermostat manufacture;
(138)
Tin products, wholesale;
(139)
Tinsmith shop;
(140)
Tire repair shop, recapping, etc.;
(141)
Transfer company, baggage storage;
(142)
Truck sales, rental and service;
(143)
Truck terminals;
(144)
Trunk manufacture;
(145)
Upholstery manufacture;
(146)
Vulcanizing shop (rubber);
(147)
Wallpaper manufacture;
(148)
Warehouse;
(149)
Washing machine manufacture;
(150)
Watch manufacture;
(151)
Water company appurtenances;
(152)
Waterproofing treatment and manufacture;
(153)
Welding shop (no salvage);
(154)
Wholesale houses;
(155)
Wholesale produce storage and market;
(156)
Window shade manufacture;
(157)
Wire brush manufacture;
(158)
Wood products manufacture;
(159)
Woodworking shops;
(160)
Worsted goods manufacture;
(161)
Wrecker service (no impound yard but wrecking yard);
(162)
Woven goods manufacture;
(163)
Accessory and temporary uses, as permitted by article IV of this chapter;
(164)
Signs, as permitted by article X of this chapter;
(165)
Off-street parking and loading, as required by article XI of this chapter;
(166)
Any other similar industrial use, provided that it complies with the limitations in section 42-366.
(Code 1966, § 36-615(1); Ord. 07-10401, § 2, 8-13-07; Ord. No. 12-10629, § 1, 2-27-12; Ord. No. 23-11143, § 1, 3-6-23)
Conditional uses in the I-2 district are as follows:
(1)
Electronic cigarette establishments;
(2)
Junkyard subject to the development limitations in section 42-366(5);
(3)
Salvage yard subject to the development limitation in section 42-366(5);
(4)
Scrap metal processing subject to the development limitation in section 42-366(5);
(5)
Shooting ranges (indoor);
(6)
Tobacco shops;
(7)
Wrecking yards subject to the development limitation in section 42-366(5);
(Code 1966, § 36-615(2); Ord. No. 07-10401, § 2, 8-13-07; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 5, 11-13-17)
Lot size requirements in the I-2 district are as follows:
(1)
Minimum lot area: five thousand (5,000) square feet.
(2)
Minimum lot width: fifty (50) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-615(3))
Bulk regulations in the I-2 district are as follows:
(1)
Maximum structure height: no limitation.
(2)
Minimum yard requirements:
a.
Minimum front yard:
1.
Twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: no minimum requirement, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided.
c.
Minimum rear yard: no minimum requirement, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-615(4); Ord. No. 83-8970, § 5, 8-22-83; Ord. No. 84-9003, § 14, 2-13-84)
Use limitations in the I-2 district are as follows:
(1)
All operations, activities and storage shall be conducted wholly inside a building, or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other zoning district other than an I-2 or I-3 district and except that storage may be maintained outside the building in side or rear yards if such storage area is separated from public streets and other property (except property located in an I-2 or I-3 district) by screening of not less than six (6) feet in height.
(2)
Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use.
(3)
If a lot in an I-2 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(4)
No building shall be used for residential purposes except that a watchman may reside on the premises.
(5)
Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (light industrial) and I-3 (heavy industrial) zoning district and shall be established only by a conditional use permit approved by the planning commission in accordance with the procedures set out in section 42-597.2 and shall be subject to such protective conditions that may be warranted by the nature and scale of the salvage operation.
The following standards shall apply to the operation of the above list of uses:
a.
Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as twenty thousand (20,000) square feet where the site abuts one (1) or more existing operations that exceed two (2) acres in total.
b.
All boundaries, as established by the issuance of a conditional use permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts.
c.
No operation shall be located within five hundred (500) feet of any established residential district.
d.
The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times.
e.
No screening fence or wall may be located within a required front yard setback area along a public street or highway.
f.
No inoperable vehicles or parts thereof or other salvage material shall be displayed or stored outside the fence enclosure in a required front yard or in any manner designed to attract customers or the general public from any public street or highway.
g.
Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal.
h.
All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris.
These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this chapter.
Possible additions to the use limitations:
1.
Require vegetative screening or plantings in addition to solid fencing instead of just as an alternative to fencing.
2.
Prohibit junkyards, salvage yards, scrap metal processors and wrecking yards within five hundred (500) feet of specifically identified arterial street corridors or entryways into the community and call those out in the ordinance.
(Code 1966, § 36-615(5); Ord. No. 84-9002, § 7, 2-13-84; Ord. No. 07-10401, § 2, 8-13-07)
The I-3 district is designed for those industries which are apt to have an extensive impact on the surrounding area. If possible, I-3 district should be separated from residential districts and the more restricted business districts by intervening or restrictive industrial or commercial zones.
(Code 1966, § 36-616)
Permitted uses in the I-3 district are as follows:
(1)
Any retail or commercial use except those listed as conditional in section 42-383;
(2)
All permitted uses in the I-2 district except those listed as conditional in section 42-383;
(3)
Airplane repair and manufacture;
(4)
Automobile manufacturing;
(5)
Bag cleaning;
(6)
Bank equipment manufacture;
(7)
Barrel manufacture;
(8)
Beet sugar manufacture;
(9)
Beverage manufacture and bottling;
(10)
Bleaching powder manufacture;
(11)
Blooming mill;
(12)
Blueing manufacture;
(13)
Boat manufacture;
(14)
Box manufacture;
(15)
Brass foundry;
(16)
Brewery;
(17)
Brick yard and kiln;
(18)
Bronze manufacture;
(19)
Brush manufacture;
(20)
Can manufacture;
(21)
Candle manufacture;
(22)
Car manufacture;
(23)
Car wheel foundry;
(24)
Cast iron pipe manufacture;
(25)
Casting foundry;
(26)
Celluloid manufacture;
(27)
Chalk manufacture;
(28)
Charcoal manufacture and pulverizing;
(29)
Cheese manufacture;
(30)
Chocolate and cocoa products;
(31)
Cider and vinegar manufacture;
(32)
Clay products;
(33)
Coal yards;
(34)
Coffee roasting;
(35)
Concrete batching or "ready mixed" plant;
(36)
Concrete products company;
(37)
Copper manufacture;
(38)
Cotton yarn manufacture;
(39)
Culvert pipe manufacture;
(40)
Electrical supply manufacture;
(41)
Elevator manufacture;
(42)
Emery cloth manufacture;
(43)
Engine manufacture;
(44)
Excelsior manufacture;
(45)
Fire brick manufacture;
(46)
Fire clay products manufacture;
(47)
Flour and grain milling;
(48)
Foundry;
(49)
Fuel storage and distribution;
(50)
Furnace manufacture;
(51)
Furniture manufacture;
(52)
Glass manufacture;
(53)
Hair products factory;
(54)
Hardware manufacture;
(55)
Heating supplies and appliances manufacture;
(56)
Hosiery mill;
(57)
Iron (ornamental) works;
(58)
Lath manufacture;
(59)
Laundry machinery manufacture;
(60)
Leather and leather goods manufacture;
(61)
Light and power manufacture;
(62)
Linen goods manufacture;
(63)
Linoleum manufacture;
(64)
Lubricating machinery manufacture;
(65)
Lumber mill;
(66)
Machine shop;
(67)
Machinery manufacture;
(68)
Mailbox manufacture;
(69)
Malt products manufacture;
(70)
Meat cutter and coffee grinder manufacture;
(71)
Meat packing plant;
(72)
Metal polish manufacture;
(73)
Metal weather-stripping manufacture;
(74)
Milling company;
(75)
Mini-warehouses;
(76)
Monument works;
(77)
Motorcycle manufacture;
(78)
Nail manufacture;
(79)
Needle manufacture;
(80)
Oilcloth manufacture;
(81)
Packing (meat, poultry) plant;
(82)
Pattern shop;
(83)
Pipe (concrete) manufacture;
(84)
Pipe (metal) manufacture;
(85)
Planning mill;
(86)
Plaster of Paris manufacture;
(87)
Plating works;
(88)
Poultry food manufacture;
(89)
Printing ink manufacture;
(90)
Quilt manufacture;
(91)
Radiator (heating) manufacture;
(92)
Rivet manufacture;
(93)
Rope manufacture;
(94)
Rubber cement manufacture;
(95)
Rubber manufacture;
(96)
Rug manufacture;
(97)
Salt manufacture;
(98)
Sand and gravel storage yard;
(99)
Sand paper manufacture;
(100)
Sausage or sausage casing manufacture;
(101)
Sawmill;
(102)
Sewer pipe manufacture;
(103)
Shingle manufacture;
(104)
Shoe manufacture;
(105)
Shovel manufacture;
(106)
Starch manufacture;
(107)
Soybean oil manufacture;
(108)
Stone cutting and screening;
(109)
Storage of consumer grade fireworks [1.4G] subject to the locational and separation requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(110)
Stove and range manufacture;
(111)
Sweeping compound manufacture;
(112)
Syrup and preserve manufacture;
(113)
Tack manufacture;
(114)
Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and body piercing shall be located at least two hundred (200) feet from a church, school, day care center, park or residential zoning district;
(115)
Terra cotta manufacture;
(116)
Tile manufacture;
(117)
Tin foil manufacture;
(118)
Tin products manufacture;
(119)
Tire manufacture;
(120)
Tool manufacture;
(121)
Vinegar manufacture;
(122)
Washing powder manufacture;
(123)
Washing soda manufacture;
(124)
Waste paper products manufacture;
(125)
Wire manufacture;
(126)
Wood preserving treatment manufacture;
(127)
Accessory and temporary uses, as permitted by article IV of this chapter;
(128)
Signs, as permitted by article X of this chapter;
(129)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-616(1); Ord. No 07-10401, § 3, 8-13-07; Ord. No. 23-11143, § 2, 3-6-23)
Conditional uses in the I-3 district are as follows:
(1)
Anhydrous ammonia production and storage subject to the development limitations in section 42-386(3);
(2)
Electronic cigarette establishments;
(3)
Explosives manufacture and storage (including display grade fireworks [1.3G]) subject to the development limitations in section 42-386(1);
(4)
Junkyard subject to the development limitations in section 42-386(3);
(5)
Salvage yard subject to the development limitations in section 42-386(3);
(6)
Scrap metal processing subject to the development limitations in section 42-386(3);
(7)
Shooting ranges (indoor);
(8)
Tobacco shops;
(9)
Wrecking yard subject to the development limitations in section 42-386(3).
(Code 1966, § 36-616(2); Ord. No. 07-10401, § 1, 8-13-07; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 6, 11-13-17; Ord. No. 23-11143, § 3, 3-6-23)
Lot size requirements in the I-3 district are as follows:
(1)
Minimum lot area: five thousand (5,000) square feet.
(2)
Minimum lot width: fifty (50) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-616(3))
Bulk regulations in the I-3 district are as follows:
(1)
Maximum structure height: no limitation.
(2)
Minimum yard requirements:
a.
Minimum front yard:
1.
Twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: no minimum requirement, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided.
c.
Minimum rear yard: no minimum requirement, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: seventy-five (75) percent.
(Code 1966, § 36-316(4); Ord. No. 83-8970, § 6, 8-22-83; Ord. No. 84-9003, § 15, 2-13-84)
Use limitations in the I-3 district are as follows:
(1)
If a lot in an I-3 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(2)
No building shall be used for residential purposes except that a watchman or custodian may reside on the premises.
(3)
Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (light industrial) and I-3 (heavy industrial) zoning district and shall be established only by a conditional use permit approved by the planning commission in accordance with the procedures set out in section 42-597.2 and shall be subject to such protective conditions that may be warranted by the nature and scale of the salvage operation.
The following standards shall apply to the operation of the above list of uses:
a.
Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as twenty thousand (20,000) square feet where the site abuts one (1) or more existing operations that exceed two (2) acres in total.
b.
All boundaries, as established by the issuance of a conditional use permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts.
c.
No operation shall be located within five hundred (500) feet of any established residential district.
d.
The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times.
e.
No screening fence or wall may be located within a required front yard setback area along a public street or highway.
f.
No inoperable vehicles or parts thereof or other salvage material shall be displayed or stored outside the fence enclosure in a required front yard or in any manner designed to attract customers or the general public from any public street or highway.
g.
Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal.
h.
All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris.
These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this chapter.
(Code 1966, § 36-616(5); Ord. No. 84-9002, § 8, 2-13-84; Ord. No. 07-10401, § 3, 8-13-07)
- DISTRICT REGULATIONS
Cross reference— Mobile homes and trailers generally, ch. 22.
Editor's note— Ord. No. 89-9354, §§ 1—6, adopted November 13, 1989, amended the Code by adding provisions designated as §§ 42-337—42-342 and pertaining to a new C-7 highway commercial district. In as much as the placement of these provisions puts them at the end of div. 16, C-6 Heavy Commercial District, and does not provide that they be a separate division, the editor, at his discretion, has created for and place these provisions in a new Div. 16.1 as set out above.
The A-1 district is designed to reflect the pattern of land uses that are found in the rural areas of the city.
(Code 1966, § 36-600)
Permitted uses in the A-1 district are as follows:
(1)
Agriculture, as defined in this chapter;
(2)
Cemeteries, including crematories and mausoleums when used in conjunction with a cemetery, but not including mortuaries;
(3)
Dog kennels or animal hospitals, provided no structure or pen housing any animals shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district;
(4)
Dwellings, single-family;
(5)
Family-care facilities;
(6)
Oil or gas well drilling, provided such well is, or will be, located more than five hundred (500) feet from any school, residential district boundary, or any residential building other than a residential building occupied by the owner, lessee or operator of the premises on which the well is located (see section 42-113);
(7)
Public service and public utility uses, as follows, provided such use is, or will be, located more than three hundred (300) feet from the boundary of any residential district (see section 42-113):
a.
Ambulance service;
b.
Electric and telephone substations and distribution centers;
c.
Gas regulator stations;
d.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar equipment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or water, operated or maintained by a public utility, as defined in this chapter;
e.
Police and fire stations;
f.
Pumping stations;
g.
Radio, television and microwave transmitting or relay stations and towers;
h.
Telephone exchanges;
i.
Transformer stations;
j.
Water reservoirs and standpipes;
(8)
Recreational and social facilities, as follows:
a.
Country clubs, including golf, swimming and tennis clubs;
b.
Golf courses, but not including golf driving ranges, pitch and putt, or miniature golf courses;
c.
Parks and playgrounds;
d.
Privately owned dwellings for seasonal occupancy and not designed or used for permanent occupancy, such as summer homes and cottages, and hunting and fishing lodges and cabins;
e.
Public athletic fields.
(9)
Religious institutions, as follows:
a.
Churches, chapels, temples, synagogues, cathedrals, and shrines;
b.
Convents, seminaries, monasteries, and nunneries;
c.
Rectories, parsonages and parish houses.
(10)
Riding stables, provided no structure housing horses shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district;
(11)
Well head stations, well separators and other similar above-the-ground facilities customarily used for the distribution, transmission or storage of oil or natural gas, provided no such equipment shall be located nearer than five hundred (500) feet from the boundary of any residential district. Such equipment may be in enclosed buildings or in the open, but it must be completely enclosed behind a chain link fence with a two (2) inch or less mesh, or its equivalent, not less than six (6) feet in height;
(12)
Accessory and temporary uses, and home occupations, as permitted by article IV of this chapter;
(13)
Signs, as permitted by article X of this chapter;
(14)
Off-street parking, as required by article XI of this chapter.
(Code 1966, § 36-600(1); Ord. No. 80-8796, § 1, 7-7-80)
Conditional uses in the A-1 district are as follows:
(1)
Airports;
(2)
Campgrounds, subject to the provisions of section 42-224(b) and (c);
(3)
Community sewage treatment plants;
(4)
Educational institutions as follows:
a.
Boarding schools and academies;
b.
Colleges and universities;
c.
Primary, intermediate and secondary schools.
(5)
Excavation, extraction, or mining of sand, gravel, or other raw materials from the earth for resale. The conditions imposed on such excavation, extraction, or mining may include, but are not limited to, requirements for setbacks from schools and residential districts, screening, fencing, redevelopment, and restrictions on the grade of the excavation and vehicular access thereto;
(6)
Greenhouses and nurseries;
(7)
Group-care facilities;
(8)
Group day-care centers when located in a nonresidential building;
(9)
Hospitals, sanitariums, rest homes and nursing homes;
(10)
Libraries and museums;
(11)
Noncommercial recreational buildings, community centers, auditoriums, stadiums, and arenas;
(12)
Oil or gas well drilling when not permitted by section 42-112;
(13)
Power plants;
(14)
Public service and public utility uses listed in section 42-112(7), but which are, or will be located nearer than three hundred (300) feet to the boundary of a residential district;
(15)
Public utility substations;
(16)
Recreational facilities such as campgrounds, youth camps, gun clubs, and skeet and trap shooting ranges;
(17)
Sanitary landfill, subject to state requirements.
(Code 1966, § 36-600(2); Ord. No. 80-8796, § 2, 7-7-80)
Lot size requirements in the A-1 district are as follows:
(1)
Minimum lot area: four (4) acres.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum lot depth: two hundred (200) feet.
(Code 1966, § 36-600(3))
Bulk regulations in the A-1 district are as follows:
(1)
Maximum structure height: forty-five (45) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Eighty (80) feet, measured from the center line of the street or fifty (50) feet, measured from the front lot line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard on each side of a zoning lot:
1.
Single-family dwellings: ten (10) feet.
2.
All other permitted and conditional uses: twenty-five (25) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(Code 1966, § 36-600(4); Ord. No. 84-9003, § 1, 2-13-84)
The RS district is designed for single-family dwellings and compatible uses, at a density not less than one (1) acre per dwelling unit (one (1) unit/acre).
(Code 1966, § 36-601)
Permitted uses in the RS district are as follows:
(1)
Agriculture as defined in this chapter;
(2)
Dwellings, single-family detached;
(3)
Family-care facilities;
(4)
Golf courses, not including accessory clubhouses, golf driving ranges, pitch and putt or miniature golf courses;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses and home occupations, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-601(1); Ord. No. 80-8796, § 3, 7-7-80)
Conditional uses in the RS district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(6)
Public utility uses, as follows, provide that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Substations;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Ambulance services.
(7)
Schools, primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-601(2); Ord. No. 80-8796, § 4, 7-7-80; Ord. No. 81-8863, § 2, 8-3-81; Ord. No. 88-9287, § 1, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 1, 10-2-23; Ord. No. 23-11190, § 1, 12-18-23)
Lot size requirements in the RS district are as follows:
(1)
Minimum lot area: one (1) acre.
(2)
Minimum lot width: one hundred (100) feet.
(3)
Minimum lot depth: one hundred fifty (150) feet.
(Code 1966, § 36-601(3))
Bulk regulations in the RS district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Eighty (80) feet, measured from the center line of the street or fifty (50) feet, measured from the front lot line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard on each side of a zoning lot:
1.
Single-family dwellings: ten (10) feet.
2.
Group day care centers located in an existing structure resided in by one or more members of the family operating such a facility: ten (10) feet.
3.
All other permitted and conditional uses: twenty-five (25) feet.
c.
Minimum rear yard: thirty (30) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 36-601(4); Ord. No. 84-9003, § 2, 2-13-84; Ord. No. 85-9116, § 1, 12-23-85)
The R district is designed to provide a single-family dwelling zone at a density of not less than eight thousand five hundred (8,500) square feet per dwelling unit (five and one-tenth (5.1) units acre).
(Code 1966, § 36-602)
Permitted uses in the R district are as follows:
(1)
Agriculture, as defined in this chapter;
(2)
Dwellings, single-family detached;
(3)
Family-care facilities;
(4)
Golf courses, but not including accessory clubhouses, or golf driving ranges, pitch and putt or miniature golf courses;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses and home occupations, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-602(1); Ord. No. 80-8796, § 5, 7-7-80)
Conditional uses in the R district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(6)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(7)
Schools: primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs, and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-602(2); Ord. No. 80-8796, § 6, 7-7-80; Ord. No. 81-8863, § 3, 8-3-81; Ord. No. 87-9207, § 1, 9-28-87; Ord. No. 88-9287, § 2, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 2, 10-2-23; Ord. No. 23-11190, § 2, 12-18-23)
Lot size requirements in the R district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: eight thousand five hundred (8,500) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: eight thousand five hundred (8,500) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family detached dwellings: seventy (70) feet.
b.
Group day care centers located in an existing structure resided in by one or more members of the family operating such a facility: seventy (70) feet.
c.
All other permitted and conditional uses: one hundred (100) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-602(3); Ord. No. 85-9116, § 2, 12-23-85)
Bulk regulations for the R district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: thirty (30) feet from the property line or sixty (60) feet from the center line, whichever is greater.
B.
Collector street: thirty (30) feet from the property line or sixty (60) feet from the center line, whichever is greater.
C.
Arterial street: thirty (30) feet from the property line or eighty (80) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance from front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yards:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: fifteen (15) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of the chapter.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 36-602(4); Ord. No. 84-9003, § 3, 2-13-84; Ord. No. 85-9116, § 3, 12-23-85; Ord. No. 86-9142, § 1, 7-21-86; Ord. 03-10143, § 1, 5-12-03)
The R-1 district is designed to provide a dwelling zone at a density of not less than six thousand (6,000) square feet per dwelling unit (seven and twenty-six-hundredths (7.26) units acre).
(Code 1966, § 36-603)
Permitted uses in the R-1 district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses, or golf driving ranges, pitch and putt or miniature golf courses;
(4)
Home occupations;
(5)
Parks and playgrounds;
(6)
Accessory and temporary uses, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-603(1); Ord. No. 80-8796, § 7, 7-7-80)
Conditional uses in the R-1 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street;
(6)
Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission.
a.
Ambulance service;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(7)
Schools: primary, intermediate and secondary;
(8)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(9)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-603(2); Ord. No. 80-8796, § 8, 7-7-80; Ord. No. 81-8863, § 4, 8-3-81; Ord. No. 87-9208, § 1, 9-28-87; Ord. No. 88-9287, § 3, 11-14-88; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 3, 10-2-23; Ord. No. 23-11190, § 3, 12-18-23)
Lot size requirements in an R-1 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: six thousand (6,000) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: six thousand (6,000) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family detached dwellings: sixty (60) feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: sixty (60) feet.
c.
All other permitted and conditional uses: one hundred (100) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-603(3); Ord. No. 85-9116, § 4, 12-23-85; Ord. No. 87-9208, § 2, 9-28-87)
Bulk regulations in the R-1 district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance for front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of the chapter.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-603(4); Ord. No. 84-9003, § 4, 1-13-84; Ord. No. 85-9116, § 5, 12-23-85; Ord. No. 86-9142, § 2, 7-21-86; Ord. No. 87-9208, § 3, 9-28-87; Ord. No. 03-10143, § 1, 5-12-03)
The R-2 district is designed to provide for multiple-family development at a minimum of three thousand (3,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (14.5 units/acre).
(Code 1966, § 36-604)
Permitted uses in the R-2 district are as follows:
(1)
Dwellings:
a.
Single-family detached;
b.
Single-family attached, not exceeding two (2) units per building;
c.
Two-family detached;
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Home occupations;
(5)
Park and playgrounds;
(6)
Accessory and temporary uses, as permitted by article IV of this chapter;
(7)
Signs, as permitted by article X of this chapter;
(8)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-604(1); Ord. No. 80-8796, § 9, 7-7-80; Ord. No. 89-9316, §§ 1, 5, 3-6-89)
Conditional uses in the R-2 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Group rehabilitation facility;
(5)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(6)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(7)
Multiple-family dwellings; provided however, that any such use which exists on March 10, 1989, shall be deemed to be a nonconforming use but shall, without further action be deemed a lawful conforming use;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Rooming and boarding houses;
(10)
Schools: primary, intermediate and secondary;
(11)
Single-family attached dwellings exceeding two (2) but not exceeding six (6) units per building;
(12)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(13)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-604(2); Ord. No. 80-8796, § 10, 7-7-80; Ord. No. 81-8863, § 5, 8-3-81; Ord. No. 84-9020, § 1, 5-7-84; Ord. No. 87-9209, § 1, 9-28-87; Ord. No. 88-9287, 11-14-88; Ord. No. 89-9316, §§ 2, 5, 3-6-89; Ord. No. 91-9465, § 1, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 4, 10-2-23; Ord. No. 23-11190, § 4, 12-18-23)
Lot size requirements in the R-2 district are as follows:
(1)
Minimum lot area:
a.
Single-family and two-family detached dwellings: six thousand (6,000) square feet.
b.
Single-family attached dwellings: three thousand (3,000) square feet per dwelling.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility is a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
d.
Multifamily: three thousand (3,000) square feet per family but not less than six thousand (6,000) square feet.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family and two-family detached dwellings: fifty (50) feet.
b.
Single-family attached dwellings: twenty-four (24) feet, except that for corner lots the minimum shall be forty (40) feet.
c.
Two-family dwelling: fifty (50) feet.
d.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two-family dwelling: fifty (50) feet.
e.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(4)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-604(4); Ord. No. 84-9003, § 5, 1-13-84; Ord. No. 85-9116, § 7, 12-23-85; Ord. No. 86-9142, § 3, 7-21-86; Ord. No. 87-9209, § 3, 9-28-87; Ord. No. 89-9316, §§ 4, 5, 3-6-89; Ord. No. 25-11252, § 1, 6-23-25)
Bulk regulations in the R-2 district are as follows:
(1)
Maximum structure height:
a.
Permitted uses: thirty-five (35) feet;
b.
Conditional uses: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line of fifty-five (55) feet from the centerline, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure; provided, that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet; and further provided, that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot; except that:
A.
Residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
B.
Single-family attached residential dwellings may have the side yard reduced to zero (0) at the common lot line.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot; except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have the minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
The R-2.5 district is designed to provide for multiple-family development at minimum of two thousand (2,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (21.8 units/acre).
(Code 1966, § 36-604A)
Permitted uses in the R-2.5 district are as follows:
(1)
Dwellings:
a.
Single-family;
b.
Two-family;
c.
Multiple-family;
d.
Rooming and boardinghouses.
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Group-care facilities;
(5)
Home occupations;
(6)
Parks and playgrounds;
(7)
Accessory and temporary uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-604A(1); Ord. No. 80-8796, § 11, 7-7-80)
Conditional uses in the R-2.5 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(3)
Group rehabilitation facility;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: Five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: One hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
A.
Front yard: Thirty (30) feet on all sides abutting a street.
B.
Side yard: Fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: Twenty-five (25) feet.
(7)
Professional offices, provided that they be located on an arterial or collector street and occupy a structure of less than two thousand (2,000) square feet of gross floor area;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Schools: primary, intermediate and secondary;
(10)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(11)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-604A(2); Ord. No. 80-8796, § 12, 7-7-80; Ord. No. 81-8863, § 6, 8-3-81; Ord. No. 87-9020, § 2, 5-7-84; Ord. No. 87-9210, § 1, 9-28-87; Ord. No. 88-9287, § 5, 11-14-88; Ord. No. 91-9465, § 2, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 5, 10-2-23; Ord. No. 23-11190, § 5, 12-18-23)
Lot size requirements in the R-2.5 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings: six thousand (6,000) square feet.
b.
Single-family attached or two-family dwellings: not less than three thousand (3,000) square feet per family.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Group day care centers operating in a single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
d.
Multifamily: two thousand (2,000) square feet per family but not less than six thousand (6,000) square feet.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family dwellings: fifty (50) feet.
b.
Two-family dwelling: fifty (50) feet.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two-family dwelling: fifty (50) feet.
d.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-604A(3); Ord. No. 85-9116, § 8, 12-23-85; Ord. No. 87-9210, § 2, 9-28-87)
Bulk regulations in the R-2.5 district are as follows:
(1)
Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 26-604A(4); Ord. No. 84-9003, § 6, 2-13-84; Ord. No. 85-9116, § 9, 12-23-85; Ord. No. 86-9142, § 4, 7-21-86; Ord. No. 87-9210, § 3, 9-28-87)
The R-3 district is designed to provide for multiple-family development at a minimum of one thousand (1,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (43.6 units/acre).
(Code 1966, § 36-605)
Permitted uses in the R-3 district are as follows:
(1)
Dwellings:
a.
Single-family;
b.
Two-family;
c.
Multiple-family;
d.
Rooming and boardinghouses.
(2)
Family-care facilities;
(3)
Golf courses, but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses;
(4)
Group-care facilities;
(5)
Home occupations;
(6)
Parks and playgrounds;
(7)
Accessory and temporary uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-605(1); Ord. No. 80-8796, § 13, 7-7-80)
Conditional uses in the R-3 district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(3)
Group rehabilitation facility;
(4)
Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5)
Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened from adjacent residential property;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: Five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: One hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
A.
Front yard: Thirty (30) feet on all sides abutting a street.
B.
Side yard: Fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: Twenty-five (25) feet.
(7)
Professional offices, provided that they be located on an arterial or collector street and occupy a structure of less than two thousand (2,000) square feet of gross floor area;
(8)
Public utility uses, as follows, provided that the location is first approved by the planning commission and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission:
a.
Ambulance services;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping stations;
e.
Substations;
f.
Water towers and standpipes.
(9)
Schools: primary, intermediate and secondary;
(10)
Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(11)
YMCA, YWCA and other similar uses, as defined in this chapter.
(Code 1966, § 36-605(2); Ord. No. 80-8796, § 14, 7-7-80; Ord. No. 81-8863, § 7, 8-3-81; Ord. No. 84-9020, § 3, 5-7-84; Ord. No. 87-9211, § 1, 9-28-87; Ord. No. 88-9287, § 6, 11-14-88; Ord. No. 91-9465, § 3, 9-9-91; Ord. No. 01-10061, § 1, 10-22-01; Ord. No. 23-11175, § 6, 10-2-23; Ord. No. 23-11190, § 6, 12-18-23)
Lot size requirements in the R-3 district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings; six thousand (6,000) square feet.
b.
Single-family attached or two-family dwellings: not less than three thousand (3,000) square feet per family.
c.
Multiple-family: one thousand (1,000) square feet per family but not less than six thousand (6,000) square feet.
d.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a:
1.
Single-family detached dwelling: six thousand (6,000) square feet; and
2.
Group day care centers operating in a single-family attached or two-family dwelling: three thousand (3,000) square feet per family.
e.
Other permitted and conditional uses: fifteen thousand (15,000) square feet.
(2)
Minimum lot width:
a.
Single-family dwellings: fifty (50) feet.
b.
Two-family dwelling: fifty (50) feet.
c.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility in a single-family or two family dwelling: fifty (50) feet.
d.
Multiple-family dwellings and other permitted and conditional uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-605(3); Ord. No. 85-9116, § 10, 12-23-85; Ord. No. 87-9211, § 2, 9-28-87)
Bulk regulations in the R-3 district are as follows:
(1)
Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
2.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located.
3.
All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by article IV of the chapter.
4.
There shall be an additional side yard setback of one (1) foot for each two (2) feet of height over forty (40) feet.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-605(4); Ord. No. 84-9003, § 7, 2-13-84; Ord. No. 85-9116, § 11, 12-23-85; Ord. No. 86-9142, § 5, 7-21-86; Ord. No. 87-9211, § 3, 9-28-87)
The MH district is designed to provide for the placement of manufactured homes built in compliance with the Federal Manufactured Housing Construction and Safety Standards. Two (2) subdistricts are created within the manufactured home district, "MH-S" (manufactured home—subdivision) and "MH-P" (manufactured home—park). In the "MH-S" district all manufactured homes are to be placed on individually subdivided lots. The "MH-P" district allows manufactured homes to be placed on rented spaces within the manufactured home parks.
(Ord. No. 91-9488, § 1, 1-6-92)
Permitted uses in the MH-S district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Golf courses, including accessory clubhouse or golf driving range, but not pitch and putt or miniature golf courses;
(4)
Manufactured homes;
(5)
Modular homes;
(6)
Parks and playgrounds;
(7)
Accessory, temporary, and home occupation uses, as permitted by article IV of this chapter;
(8)
Signs, as permitted by article X of this chapter;
(9)
Off-street parking and loading as required by article XI of this chapter.
(Ord. No. 91-9488, § 1, 1-6-92)
Conditional uses in the MH-S district are as follows:
(1)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(2)
Group-care facilities;
(3)
Group day care homes, child care centers and preschools with no maximum limitations on the number of children being cared for if located in a nonresidential building; provided that group day care homes and preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling;
(4)
Hospitals, sanitariums, rest homes and nursing homes, provided they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street;
(5)
Public utility uses, as follows: provided that a landscape plan or screening plan, if necessary, is first approved by the planning commission;
a.
Ambulance service;
b.
Gas regulator stations;
c.
Police and fire stations;
d.
Pumping station;
e.
Substations;
f.
Water towers and standpipes.
(6)
Schools: primary, intermediate and secondary;
(7)
Swimming clubs, tennis clubs and community clubhouses;
(8)
YMCA, YWCA and other similar uses as defined in this chapter.
(Ord. No. 91-9488, § 1, 1-6-92; Ord. No. 23-11175, § 7, 10-2-23; Ord. No. 23-11190, § 7, 12-18-23)
Lot size requirements in the MH-S district are as follows:
(1)
Minimum lot area:
a.
Single-family detached dwellings, modular homes, manufactured homes, family-care facilities, and parks and playgrounds: six thousand (6,000) square feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: six thousand (6,000) square feet.
c.
All other permitted and conditional uses: fifteen thousand (15,000) square feet, except no minimum for gas regulator stations, pumping stations, or substations.
(2)
Minimum lot width:
a.
Single-family detached dwellings, modular homes, manufactured homes, and family-care facilities: sixty (60) feet.
b.
Group day care centers located in an existing structure resided in by one (1) or more members of the family operating such a facility: sixty (60) feet.
c.
All other permitted and conditional uses: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations.
(3)
Minimum lot depth: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations.
(Ord. No. 91-9488, § 1, 1-6-92)
Bulk regulations in the MH-S district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty (20) feet from the property line or fifty (50) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
3.
When seventy (70) percent or more of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling or manufactured home dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist:
A.
The adjacent property to be matched has not been granted a variance for front yard setback.
B.
Neither adjacent land use is used for nonresidential purposes.
C.
The proposed dwelling is not to be placed on a corner lot.
D.
The structure is proposed to be placed no closer than fifteen (15) feet from the front property line.
b.
Minimum side yard:
1.
Residential buildings: seven and five-tenths (7.5) feet on each side of the zoning lot.
2.
Group day care centers located in an existing structure resided in by one operating such a facility: seven and five-tenths (7.5) feet on each side of the zoning lot.
3.
All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of this chapter.
c.
Minimum rear yard: fifteen (15) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Ord. No. 91-9488, § 1, 1-6-92)
Cross reference— Placement of mobile homes, § 22-17.
Development standards in the MH-S district are as follows:
(1)
The tract to be used for a manufactured home subdivision shall not be less than two (2) acres in area, unless it is an extension of or addition to an existing manufactured home subdivision.
(2)
Streets, private roadways, sidewalks, utilities, drainage facilities and other improvements shall be designed, constructed and installed to comply with chapter 36 of the Salina Code, subdivision regulations.
(3)
All manufactured homes located within a manufactured home subdivision shall comply with the following requirements:
a.
Each manufactured home shall have a minimum width of fourteen (14) feet and a minimum main floor area, excluding any attached garage or porch, of eight hundred (800) square feet;
b.
The roof shall be double pitched and shall overhang both side walls or the front end wall of the unit by at least six (6) inches, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition or fiberglass shingles. Roofing materials shall not consist of corrugated aluminum, fiberglass or metal;
c.
The exterior siding shall consist of nonreflective siding material such as wood, composition or simulated wood, clapboard, conventional vinyl or metal lap siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint between siding and enclosure wall shall be flashed in accordance with the city building code.
d.
Each manufactured home shall be installed in accordance with the recommended installation procedures of the manufacturer upon a basement, slab, piers or other permanent masonry foundation that complies with the city building code so as to be classified and taxed as real property under K.S.A. 79-340. Each unit shall be permanently anchored to and supported by permanent footings extending to the frost line. Anchoring straps or cables affixed to ground anchors shall not be considered sufficient. Exterior over-the-top tie downs shall not be permitted. If interior piers are used for the foundation, the crawlspace shall be enclosed by a permanent, full perimeter exterior curtain wall consisting of concrete or masonry. The enclosure wall shall be unpierced except for required access and ventilation;
e.
The running gear, tongue, axles and wheels shall be removed;
f.
Each manufactured home shall be permanently connected to all utilities in conformance with applicable city codes;
g.
Each lot shall have access from an improved public or private street and two (2) off-street parking spaces.
(Ord. No. 91-9488, § 1, 1-6-92)
Permitted uses in the MH-P district are as follows:
(1)
Dwellings, single-family detached;
(2)
Family-care facilities;
(3)
Manufactured homes;
(4)
Mobile homes, as permitted by section 42-230;
(5)
Modular homes;
(6)
Parks and playgrounds;
(7)
Customary accessory uses, such as laundry facilities, manager's office, clubhouse, community buildings, etc.;
(8)
Accessory, temporary and home occupation uses, as permitted by article IV of this chapter;
(9)
Signs, as permitted by article X of this chapter;
(10)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 91-9488, § 1, 1-6-92)
Cross reference— Placement of mobile homes, § 22-17.
Conditional uses in the MH-P district are as follows:
(1)
Recreational campgrounds, subject to the regulations specified in section 42-229;
(2)
All conditional uses listed in the MH-S district, provided that they shall be governed by the requirements of the MH-S district.
(Ord. No. 91-9488, § 1, 1-6-92)
Lot size requirements in the MH-P are as follows:
(1)
Minimum lot area:
a.
Manufactured home parks: two (2) acres, unless it is an extension of or an addition to an existing park.
b.
Each manufactured home space shall provide a minimum area of four thousand (4,000) square feet.
c.
Other permitted uses: six thousand (6,000) square feet.
(2)
Minimum lot width:
a.
Manufactured home spaces: forty (40) feet, except that corner lots shall provide a minimum width of forty-five (45) feet.
b.
Other permitted uses: sixty (60) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Ord. No. 91-9488, § 1, 1-6-92)
Bulk regulations in the MH-P district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Minimum separation and setback requirements for manufactured homes:
a.
All manufactured homes shall be located so as to maintain a clearance of not less than fifteen (15) feet from another manufactured home or appurtenance thereto, or twenty (20) feet from another mobile home or appurtenance thereto. No manufactured home shall be located closer than twenty (20) feet from any principal building within the park or three (3) feet from any accessory building. Accessory buildings shall be located so as to comply with the bulk regulations in section 42-58.
b.
All structures shall maintain the following minimum setbacks:
1.
Internal residential streets: twenty (20) feet from the property line or forty (40) feet from the center line, whichever is greater.
2.
External residential streets: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
3.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
4.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
5.
MH-P district boundary: twenty-five (25) feet from the boundary of any other residential district.
(3)
Maximum lot coverage: forty (40) percent.
(Ord. No. 91-9488, § 1, 1-6-92)
(1)
Utilities: New manufactured home parks shall be permitted only when served by an approved sewer and water supply system. Within each manufactured home park all utility lines, from manufactured home to source, including electricity and telephone lines, shall be placed underground.
(2)
Drainage: Parks shall be located on a well-drained site, properly graded to insure rapid drainage, and shall be kept free of stagnant pools of water.
(3)
Density: Manufactured home parks hereafter approved shall have a minimum area of four thousand five hundred (4,500) square feet of space per manufactured home, exclusive of internal streets and rights-of-way.
(4)
Recreation area: Each manufactured home park shall devote a minimum of five hundred (500) square feet per manufactured home space for recreational or open area. This recreational or open area may be included in each manufactured home space or may be developed separately. Separate recreational or open areas shall not be less than four thousand (4,000) square feet and required setbacks, roadways, rights-of-way and off-street parking spaces shall not be considered as recreational or open areas. A minimum of fifty (50) percent of the separate recreational or open space area shall be constructed or provided prior to the development of one-half (½) of the project, and all recreational facilities or open areas shall be constructed or provided by the time the project is seventy-five (75) percent developed.
(5)
Storm shelters: In each new park or in park expansions of ten (10) units or more, properly ventilated and constructed storm shelters shall be provided in a central or other convenient location at a rate of eighteen (18) square feet of shelter space for each newly constructed manufactured home space. Storm shelters shall be built in accordance with the building codes of the city.
(6)
Streets:
a.
General layout:
1.
A manufactured home park shall be directly accessible to a public street by means of internal private paved streets within the park. Each mobile home lot shall obtain exclusive access from internal private streets, with no direct access to external public streets.
2.
Internal streets shall be designed to permit connection with existing storm sewer and other drainage facilities.
3.
Internal streets shall be designed for the convenient movement of traffic and emergency vehicles. Dead-end streets shall be provided with adequate surfaced turning space, a minimum of sixty (60) feet in diameter with no parking, and eighty (80) feet in diameter with parking. The maximum length of a dead-end street shall be six hundred (600) feet.
4.
Intersections generally shall be at right angles and at no point shall streets intersect at an angle less than sixty (60) degrees. Intersections of more than two (2) streets at one (1) point shall be avoided.
b.
Width of roadways:
1.
Internal streets with no on-street parking allowed shall have a minimum of twenty (20) feet of paving.
2.
Internal streets with parking allowed on one (1) side only shall have a minimum of twenty-six (26) feet of paving.
3.
Internal streets with parking allowed on both sides of the street shall have a minimum of twenty-nine (29) feet of paving.
4.
A minimum of forty (40) feet of right-of-way shall be provided for internal streets. All structures shall maintain a twenty (20) feet setback from the right-of-way line.
c.
Surfacing:
1.
All internal streets shall be hard-surfaced with asphalt or concrete or suitable substitute approved by the city engineer.
2.
Street surfaces shall be durable and graded to insure adequate surface drainage and shall be maintained free of cracks, holes and other hazards. All internal streets shall be owned and maintained by the owner of the manufactured home park.
(7)
Fire protection: The fire chief may designate certain internal streets within the park as fire lanes.
(8)
Parking: Adequate parking shall be provided for the use of park residents and guests. Each mobile home lot shall have off-street parking for two (2) automobiles.
(9)
Walkways: A system of hard-surfaced walkways shall be provided connecting individual manufactured home spaces with park streets and all community facilities provided for park residents. A portion of the roadway surface may be reserved for walkways provided the roadway is widened accordingly and pedestrian and vehicular traffic will not interfere with one another.
(10)
Lighting: All private internal streets and walkways shall be lighted by not less than three-tenths (0.3) foot candles of artificial light.
(11)
Landscaping:
a.
Perimeter screening. All manufactured home parks shall provide a permanently landscaped buffer area of at least twenty-five (25) feet in width around those portions of the park perimeter that border public rights-of-way or residential zoning districts. Such areas may contain trees, shrubbery, grass, benches, fencing, berms or other landscaping features. Setback areas not bordering public rights-of-way or residential districts may be used to fulfill recreational or open area requirements.
b.
Park landscaping. Exposed ground surfaces within each manufactured home park shall be paved, covered with stone, gravel or other solid material or protected with a vegetative growth capable of preventing soil erosion and objectionable dust. All areas not used for street access, parking, walkways, buildings or service shall be completely and permanently landscaped and the entire site maintained in good condition. Planting of trees and shrubs is required to the extent needed to provide for:
1.
Screening of objectionable views and neighboring uses.
2.
Adequate shade for the manufactured homes in the park.
(12)
Manufactured home stands (pad): A stand shall be provided on every manufactured home lot to accommodate the manufactured home and attached accessory structures. The stand shall consist of concrete ribbons or slabs a minimum of eighteen (18) inches wide and capable of carrying the weight of the manufactured home. Anchoring facilities for the placement and tie-down of the manufactured home shall be installed in accordance with K.S.A. 75-1226 through 1232 before any home is occupied.
(13)
Lot identification: Each stand within a manufactured home park shall be assigned an address by the city engineering department. The assigned address shall be clearly posted or displayed so as to publicly identify the unit to which the address is assigned.
(Ord. No. 91-9488, § 1, 1-6-92)
Any person hereafter desiring to develop or enlarge a manufactured home park shall submit a park plan, which shall accompany the application for amendment to the MH-P district. No permits for a manufactured home park shall be issued until the park plan has been approved as part of the rezoning process and the proposed development or expansion is in compliance with the terms of this chapter. Such plan shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet and two (2) copies shall accompany the application for MH-P zoning. Such plan shall include the following information:
(1)
Name and address of the owner and applicant.
(2)
Location and legal description of the manufactured home park.
(3)
The area and dimensions of the tract of land proposed to be rezoned.
(4)
Topographic survey of the property with contour intervals of two (2) feet, natural features and existing structures and streets.
(5)
The number, location and dimensions of all lots, including proposed building setbacks from exterior property lines and from internal streets.
(6)
The location and width of internal streets and walkways.
(7)
Plans for controlling surface drainage.
(8)
The location of existing and proposed water, sewer, gas, electrical, and other utility lines and easements protecting these utilities.
(9)
The location of recreation, storage, laundry, refuse, and other common facilities and/or service buildings and areas.
(10)
The location and description of the street and area lighting system.
(11)
Plans for screening including the use of plant materials, fencing and other landscaping structures and features.
(12)
Other information as may be requested by the planning commission or the board of commissioners.
(Ord. No. 91-9488, § 1, 1-6-92)
The planning commission shall review the rezoning request, including the park plan, and recommend approval or denial to the board of commissioners or may request modifications to the proposed park plan as are deemed necessary to comply with the MH-P district regulations.
Approval by the board of commissioners shall amend the zoning map, establishing an MH-P district for the property designated in the application and shall constitute approval of the park plan. The approved park plan shall be incorporated by reference in the ordinance creating the MH-P district.
(Ord. No. 91-9488, § 1, 1-6-92)
The applicant for a conditional use permit to allow a recreational campground in an MH-P, A-1 or C-7 district shall submit a preliminary campground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and showing the general layout of the proposed campground. Two (2) copies of the plan shall accompany the conditional use permit application. Such plan shall comply with the following minimum requirements:
(1)
The tract to be used as a campground shall not be less than two (2) acres in area and shall be permitted only when served by an approved sanitary sewer and water supply system.
(2)
Permitted uses within the campground shall include:
a.
Motor homes;
b.
Travel trailers;
c.
Tents and tent trailers;
d.
Customary accessory uses such as laundry facilities, manager's office, clubhouse, swimming pool, etc.
(3)
Contours at two-foot intervals shall be indicated on the plan.
(4)
The campground shall be located on a well-drained site, properly graded, where necessary, to insure rapid drainage and freedom from stagnant pools of water.
(5)
Sight-obscuring screening of not less than six (6) feet in height shall be provided between the campground and any other residential zoning district.
(6)
A minimum setback of twenty-five (25) feet must be maintained along all boundaries of the campground that adjoin a public street or a residential zoning district.
(7)
Service buildings shall be provided at a rate of one (1) for each one hundred (100) camping spaces. Each service building shall:
a.
Be located in a reasonable central location within the campground;
b.
Be of permanent construction;
c.
Have an accessible, adequate, safe and potable supply of cold water;
d.
Have one (1) flush-type toilet, one (1) lavatory, and one (1) shower or bathtub for females; and one (1) flush-type toilet, one (1) lavatory, and one (1) shower or bathtub for males for each thirty (30) camping spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water;
e.
Comply with all applicable chapters of the building code regarding the construction of buildings and the installation of electrical, plumbing, heating, and air conditioning systems;
f.
Be maintained in a clean, sanitary condition and kept free of any condition that will endanger the health or safety of any occupants or the public.
(8)
Vented storm shelters shall be provided in a central or other convenient location at the rate of twelve (12) square feet per designated or intended camping space.
(9)
Structures shall not exceed thirty-five (35) feet in height.
Upon approval of the preliminary campground plan by the planning commission, the applicant shall prepare and submit two (2) copies of a final campground plan, which shall incorporate any changes or alterations requested, to the secretary of the planning commission. Upon the determination by the secretary that the final campground plan accurately reflects the desires of the planning commission, a conditional use permit will be issued. An approved copy shall be forwarded, within seven (7) days, to the zoning administrator, who may issue the required permits upon proper application.
(Ord. No. 91-9488, § 1, 1-6-92)
Short term recreational vehicle parking areas that are accessory to an existing hotel, motel, truck stop or travel plaza located in a C-5 or C-7 district shall be allowed only upon approval of a conditional use permit in accordance with the provision of section 42-597.2 of the zoning regulations.
Accessory short term recreational vehicle parking areas shall not be considered to be recreational campgrounds and shall not be subject to the requirements of section 42-229 of the zoning regulations, except as may be required by the conditions imposed pursuant to a conditional use permit. In considering a conditional use permit application the Planning Commission may impose requirements related to the total number of parking spaces allowed, limits on continuous nights of rental or use of parking spaces, and such other conditions as deemed necessary and appropriate to make the accessory recreational vehicle parking area compatible with surrounding property and to protect health, safety, and welfare of the public.
(Ord. No. 22-11096, § 1, 2-14-22)
(a)
Manufactured home parks shall comply with the provisions of chapter 22 of the Salina Code.
(b)
All manufactured homes placed in new, expanded or existing manufactured home parks after January 1, 1992, shall have been manufactured after June 15, 1976 and shall bear a label certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards (42 U.S.C. Sec. 5401); provided however, that mobile homes built prior to June 15, 1976, and not bearing a HUD code label shall be permitted to be placed within an existing manufactured home park if the unit has been inspected by the building official and bears a certificate stating that the unit meets or exceeds HUD code standards or any minimum housing code standards adopted by the city. For the purposes of this section, "existing manufactured home park" means any park properly licensed and in operation prior to January 1, 1992.
(c)
Mobile homes located in manufactured home parks existing prior to January 1, 1992 and on individual zoning lots shall hereafter be deemed lawful nonconforming uses and shall be subject to the provisions of section 42-579 of the Salina Code. Mobile homes located or placed in existing manufactured home parks and meeting the criteria in section 42-230(b) above shall be considered lawful conforming uses in the MH-P district.
(Ord. No. 91-9488, § 1, 1-6-92)
Whenever a property zoned MH-P ceases to be used for such purposes for a period of two (2) years, the planning commission may initiate action and hold a public hearing to rezone the property back to a more appropriate zoning district.
(Ord. No. 91-9488, § 1, 1-6-92)
The U district is a zone that is designed to be used separately as a district zone or in combination with any one (1) or more of the residential districts. The two (2) principal functions of this district are:
(1)
To give the university-oriented functions more flexibility than they would have if located in a residential district; and
(2)
To permit the establishment of the types of uses which ordinarily cluster about a university, but which are not located on university property.
(Code 1966, § 36-607)
Permitted uses in the U district are as follows:
(1)
Art galleries, libraries and museums;
(2)
Colleges, universities and theological schools, including their buildings owned or leased for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities and dormitories;
(3)
Fraternal and service clubs, as defined;
(4)
Fraternities and sororities;
(5)
Lodging and boardinghouses;
(6)
Offices, meetings rooms, laboratories and other facilities for educational, fraternal, professional, religious and statistical research organization and institutions;
(7)
Parking lots for passenger automobiles, accessory to uses permitted in the university district;
(8)
Schools: elementary, intermediate and secondary.
(Code 1966, § 36-607(1))
Conditional uses in the U district are as follows:
(1)
Private or public parking lots or garages operated for profit or not for profit, provided that there shall not be any accessory or permitted uses in conjunction with such use, and that no parking garage shall exceed forty (40) feet in height, and provided further, that all parking lots or garages shall be landscaped or screened according to a landscape plan or screening plan which has first been approved by the planning commission;
(2)
No other conditional uses are permitted, except such conditional uses as could otherwise be allowed in any residential district with which this district is combined.
(Code 1966, § 36-607(2))
Lot size requirements in the U district are as follows:
(1)
Minimum lot area:
a.
Colleges, universities and theological school structures: no minimum requirement.
b.
Structures providing lodging rooms for unmarried students: three hundred seventy-five (375) square feet per lodging room.
c.
All other permitted and conditional uses shall comply with the minimum lot area required in the residential district with which the university district is combined.
(2)
Minimum lot width:
a.
Colleges, universities, and theological school structures: no minimum requirement.
b.
All other permitted and conditional uses shall comply with the minimum lot width required in the residential district with which the university district is combined.
(3)
Minimum lot depth:
a.
Colleges, universities, and theological school structures: no minimum requirement.
b.
All other permitted and conditional uses shall comply with the minimum lot depth required in the residential district with which the university district is combined.
(Code 1966, § 36-607(3))
Bulk regulation in the U district are as follows:
(1)
When the university district regulations are applied in combination with the restrictions of any residential district, then all structures shall comply with the bulk regulations in the residential district with which the university district is combined, except that the rear yard may be reduced to eight (8) feet for parking garages.
(2)
There shall be an additional one-foot setback for each two (2) feet of height over forty (40) feet.
(3)
When the university district is applied as a separate zoning district, then the following bulk regulations shall apply:
a.
Maximum lot coverage: thirty (30) percent.
b.
Minimum setback: fifty (50) feet from each public street and from each lot line that adjoins property in any other zoning district.
c.
Maximum structure height: no limitations.
(Code 1966, § 36-607(4))
The H-M district is designed and intended to be a special purpose zoning district. The three (3) principal purposes of this district are:
(1)
To give hospital oriented functions more flexibility in development and design compatible with health care delivery than they would have if located in a residential or commercial district;
(2)
To permit the establishment of the types of uses which ordinarily cluster around a hospital or medical center; and
(3)
To preserve and protect the city's designated historic districts by insuring that adequate buffers are provided adjacent to historic district boundaries and by discouraging hospital development outside the Hospital-Medical district in adjacent historic districts.
(Ord. No. 03-10139, § 1, 5-5-03)
Permitted uses in the H-M district are as follows:
(1)
Ambulance garages;
(2)
Cancer treatment centers;
(3)
Dental offices and clinics;
(4)
Dental surgeons;
(5)
Health care related diagnostic and therapeutic services;
(6)
Health care related mobile services;
(7)
Hearing testing services;
(8)
Hospice facilities;
(9)
Hospitals;
(10)
Kidney dialysis facilities;
(11)
Medical conference and education centers;
(12)
Medical equipment sales;
(13)
Medical laboratories;
(14)
Medical offices and clinics;
(15)
Medical research centers;
(16)
Mental health and chemical dependence facilities;
(17)
Multi-level parking garages;
(18)
Optical shops;
(19)
Outpatient surgery centers;
(20)
Pharmacies;
(21)
Recreational vehicle hook up stations for occupied motor homes and travel trailers. One (1) station shall be permitted per one hundred (100) licensed hospital beds and stations may be located no closer than fifty (50) feet from a residential property line;
(22)
Support housing for health center staff, physicians and the locum-tenens program;
(23)
Surface parking lots;
(24)
Support services facilities such as laundry service, child care centers, building maintenance facilities and energy plants;
(25)
Other health care related facilities and services not expressly listed as conditional uses;
(26)
Accessory and temporary uses, as permitted by article IV of the chapter;
(27)
Signs as permitted by article X of this chapter; and
(28)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 03-10139, § 2, 5-5-03)
Conditional uses in the H-M district are as follows:
(1)
Commercial and retail businesses that are freestanding and not health care related;
(2)
Freestanding buildings greater than twelve thousand five hundred (12,500) square feet in size and less than two (2) stories in height;
(3)
Group care facilities;
(4)
Heliports;
(5)
Nursing homes and assisted living facilities;
(6)
Publicly-owned parking lots; and
(7)
Single-family and two-family dwellings.
(Ord. No. 03-10139, § 3, 5-5-03)
Lot size requirements in the H-M district are as follows:
(1)
Minimum lot area: Six thousand (6,000) square feet for residential uses.
Seven thousand (7,500) square feet for other uses.
(2)
Minimum lot width: thirty-five (35) feet at property line.
Sixty (60) feet at building setback line.
(3)
Minimum lot depth: One hundred (100) feet.
(Ord. No. 03-10139, § 4, 5-5-03)
Bulk regulations in the H-M district are as follows:
(1)
Maximum structure height: Six (6) stories. This limitation shall not apply to chimneys, flues, stacks, fire escapes, elevator enclosures, equipment penthouses rooftop support lighting or other appurtenances needed to operate and maintain the building on which they are located. Rooftop communication towers and antennas shall not be subject to this height limit but shall be subject to the requirements in section 42-69.
(2)
Minimum structure height: two (2) stories, except that additions to existing larger facilities, freestanding buildings less than twelve thousand five hundred (12,500) square feet in size and support services buildings may be one (1) story in height.
(3)
Minimum yard requirements:
a.
Front yard: No minimum setback requirement on Santa Fe Avenue, a fifteen (15) foot will be required on Fifth Street and a twenty-five (25) foot setback will be required on property abutting any other public street.
b.
Side yard: None required, except when, a side yard in this district abuts a residential district or designated historic district, a side yard of twenty-five (25) feet shall be provided.
c.
Rear yard: None required, except when a rear yard in this district abuts a residential district or designated historic district, a side yard of twenty-five (25) feet shall be provided.
d.
In addition to the above noted setbacks, for each foot of building height about forty (40) feet, the required setback shall increase by one (1) foot for each additional one (1) foot in building height.
(4)
Maximum lot coverage:
a.
Parking garages: One hundred (100) percent except that parking garages adjacent to residential and historic district boundaries must comply with the rear and side yard setback requirements in section 42-245(3).
b.
Penn Campus tower bounded by Ash Street, Penn Avenue, Johnstown Avenue and Oakdale Avenue: Ninety (90) percent
c.
Santa Fe Campus Hospital Tower: Seventy-five (75) percent.
d.
All other freestanding buildings and facilities: Fifty (50) percent.
(5)
Maximum site coverage: Ninety (90) percent (including buildings, paving and sidewalks on a lot);
(6)
Minimum landscaped area: ten (10) percent (excluding parking lot islands).
(Ord. No. 03-10139, § 5, 5-5-03)
Use limitations in the H-M district shall be as follows:
(1)
Where the exterior boundary of the H-M district is marked by a public street, a buffer area not less than fifteen (15) feet in width shall be maintained abutting the H-M side of the right-of-way. No structures shall be permitted in said buffer area except for monument signs, walls or fences.
(2)
Where the exterior boundary of the H-M district abuts a residential district, a buffer area not less than fifteen (15) feet in width shall be maintained on the H-M district side of the property line. This buffer area shall be landscaped and screening provided in accordance with the requirements of section 42-65(6).
(3)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Ord. No. 03-10139, § 6, 5-5-03)
Special provisions in the H-M district shall be as follows:
(1)
Setbacks shall be measured from the H-M district boundary with the exception of this special provision. Where a designated historic district established prior to the effective date of this ordinance overlays the H-M district, development shall be limited to buildings no more than two (2) stories in height within that historic district overlay and shall conform with the minimum setbacks set out in section 42-245(3). In locations where a historic district overlays the H-M district the historic district boundary line shall be used as the property line for the purpose of measuring setback for buildings above two (2) stories in height. New construction within historic district overlay area shall be designed to be compatible with the architectural character of the historic district.
(Ord. No. 03-10139, § 7, 5-5-03)
The P district is designed and intended to be a special purpose zoning district. This district is intended to accommodate many of the city's public, semi-public and governmental facilities. It is intended for use in areas of the city which have been assigned a public/semi-public or parks/open space future land use designation in the Comprehensive Plan. The three (3) principal purposes of this district are:
(1)
To provide suitable locations for governmental and educational facilities which serve a public need in the community;
(2)
To accommodate the unique operational needs of public buildings, facilities and uses which are owned, controlled or used by the City of Salina or other governmental body; and
(3)
To insure that sufficient land area, open space, buffering and access control are provided by public uses so as to minimize potential adverse impacts on adjacent land uses.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(PF) sub-district are as follows:
(1)
Animal shelter;
(2)
Aquatic centers and spray parks;
(3)
Community centers;
(4)
Community gardens;
(5)
Dog parks;
(6)
Fire stations;
(7)
Golf courses;
(8)
Governmental buildings and offices;
(9)
Indoor recreation centers;
(10)
Libraries;
(11)
Neighborhood centers;
(12)
Public parks and playgrounds;
(13)
Pump stations, wells;
(14)
Accessory and temporary uses as permitted by article IV of this chapter;
(15)
Signs as permitted by article X of this chapter;
(16)
Off-street parking and loading as required by article X of this chapter.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(PF) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Cemeteries;
(3)
Jails and other detention facilities;
(4)
Public arenas;
(5)
Public works and public utilities maintenance facilities and yards;
(6)
Sanitary landfills;
(7)
Utility substations;
(8)
Water towers;
(9)
Wastewater treatment plants;
(10)
Water treatment plants;
(11)
Wireless communication facilities (by special permit under section 42-69);
(12)
Zoos.
(Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(EF) sub-district are as follows:
(1)
Administrative offices;
(2)
Elementary and intermediate schools, public and private, and related support facilities and uses, including but not limited to accessory storage buildings, accessory school bus parking and outdoor sports recreational fields;
(3)
Secondary schools, public and private, and related support facilities and uses including but not limited to accessory storage buildings, accessory school bus parking, greenhouses, gymnasiums and outdoor sports and recreation fields.
(4)
Accessory and temporary uses as permitted by article IV of this chapter;
(5)
Signs as permitted by article X of this chapter;
(6)
Off-street parking and loading as required by article XI of this chapter;
(Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(EF) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Bus barns;
(3)
School maintenance facilities and yards;
(4)
Public arenas;
(5)
Wireless communication facilities (by special permit under section 42-69).
(Ord. No. 12-10667, § 1, 12-3-12)
Permitted uses in the P-(EX) sub-district are as follows:
(1)
Agricultural demonstration plots;
(2)
Animal shows, including but not limited to dog shows, horse shows and rodeos;
(3)
Aquatic centers;
(4)
Commercial expositions and trade shows;
(5)
Concerts;
(6)
Convention centers, meetings spaces, including licensed drinking and dining facilities;
(7)
Dog parks;
(8)
Fairs, carnivals, circuses;
(9)
Parking and storing of motor vehicles;
(10)
Public parks and playgrounds;
(11)
Public recreation centers;
(12)
Sporting events;
(13)
Temporary overnight camping facilities;
(14)
Accessory and temporary uses as permitted by article IV of this chapter;
(15)
Off-street parking and loading as permitted by article XI of this chapter;
(16)
Signs as permitted by article X of this chapter.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Conditional uses in the P-(EX) sub-district are as follows:
(1)
Athletic stadiums;
(2)
Public arenas;
(3)
Wireless communication facilities (by special permit under section 42-69).
(Ord. No. 12-10667, § 1, 12-3-12)
Lot size requirements in the P district are as follows:
(1)
Minimum lot area: Fifteen thousand (15,000) square feet
(2)
Minimum lot width: thirty-five (35) feet at property line.
One hundred (100) feet at building setback line.
(3)
Minimum lot depth: One hundred fifty (150) feet.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was number 42-248.3
Bulk regulations in the P district are as follows:
(1)
Maximum structure height: Sixty (60) feet. This limitation shall not apply to water towers, chimneys, flues, stacks, fire escapes, elevator enclosures, equipment penthouses rooftop support lighting or other appurtenances needed to operate and maintain the building on which they are located. Communication towers and rooftop antennas shall not be subject to this height limit but shall be subject to the requirements in section 42-69.
(2)
Minimum yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
V.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure; provided, that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet; and further provided, that the construction conforms with all remaining bulk regulations.
3.
Maximum lot coverage: Fifty (50) percent.
4.
Maximum site coverage: Eighty (80) percent (including buildings, paving and sidewalks on a lot);
5.
Minimum landscaped area: twenty (20) percent (excluding parking lot islands).
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was numbered 42-248.4.
Use limitations in the P district shall be as follows:
(1)
Where the exterior boundary of a P district is marked by a public street, a buffer area not less than fifteen (15) feet in width shall be maintained abutting the right-of-way. No structures shall be permitted within said buffer area except for monument signs, walls or fences.
(2)
Where the exterior boundary of a P district abuts a residential district, a landscaped buffer area of not less than twenty-five (25) feet in width shall be provided between the lot line and any building, structure, or activity area. No building, structure, parking, loading or storage shall occur within the buffer area.
(3)
All outdoor storage areas shall be enclosed by sight obscuring screening of not less than six (6) feet in height.
(4)
Exterior lighting in the P district shall be shaded and downcast so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Ord. No. 12-10631, § 1, 3-26-12; Ord. No. 12-10667, § 1, 12-3-12)
Editor's note— This section was number 42-248.5
The C-1 district is designed to provide for a restricted commercial alternative to multiple-family development adjacent to arterial streets and highways, and at the same time avoid the typical strip commercial development. To achieve this end, a very limited number of nonretail businesses are permitted.
(Code 1966, § 36-608)
Permitted uses in the C-1 district are as follows:
(1)
Business and professional offices, provided that any warehouse or storage space associated with such offices shall not exceed fifty (50) percent of the gross floor area of the principal structure;
(2)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(3)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code.
(4)
Medical and dental clinics, and guidance centers;
(5)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(6)
Office building or clinic: the following uses would be permitted when located in an office building, or medical or dental clinic, provided such uses could be entered only from an interior lobby or hallway and there is no advertising or display visible from the exterior of the structure:
a.
Barbershops;
b.
Beauty shops;
c.
Gift shops;
d.
Newsstands;
e.
Package liquor stores;
f.
Pharmacies;
g.
Restaurants.
(7)
Office facilities for salesmen, sales representatives, or manufacturer's representative, when no retail, wholesale, or exchange of goods is made or transacted on the premises;
(8)
Offices for ministers, rabbis, priests, etc.;
(9)
Public utility uses, including substations and ambulance services;
(10)
Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses;
(11)
YMCA, YWCA and other similar organizations;
(12)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(13)
Signs, as permitted by article X of this chapter;
(14)
Accessory and temporary uses, as permitted by article IV of this chapter;
(15)
Off-street parking and loading as required by article XI of this chapter.
(Code 1966, § 36-608(1); Ord. No. 83-8954, § 1, 1-24-83; Ord. No. 84-9020, § 4, 5-7-84; Ord. No. 84-9029, § 1, 7-9-84; Ord. No. 88-9241, § 1, 4-11-88, Ord. No. 15-10782, § 1, 7-13-2015)
Conditional uses in the C-1 district are as follows:
(1)
Banks and financial institutions;
(2)
Mail order houses;
(3)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: one hundred fifty (150) feet except as provided in subsection (3)b.2.N.
2.
Minimum yard requirements:
A.
Front yard: thirty (30) feet on all sides abutting a street.
B.
Side yard: fifteen (15) feet except there shall be an additional side yard setback of one foot for each two (2) feet of height over fifty (50) feet.
C.
Rear yard: twenty-five (25) feet.
3.
Maximum lot coverage: forty (40) percent.
(4)
Research laboratories (limited to research such as medical records, statistical research, etc.);
(5)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(6)
All permitted uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 district.
(Code 1966, § 36-608(2))
Lot size requirements in the C-1 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-608(3))
Bulk regulations in the C-1 district are as follows:
(1)
Maximum structure height: thirty (30) feet, except multiple-family development which shall be governed by the regulations for the R-3 district, provided that there shall be one (1) additional foot of setback on the side yards for each two (2) feet of height over thirty (30) feet.
(2)
Minimum yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Minimum side yard: eight (8) feet on each side.
c.
Minimum rear yard: twenty-five (25) feet.
(3)
Maximum lot coverage: thirty (30) percent.
(Code 1966, § 46-608(4); Ord. No. 84-9003, § 9, 2-13-84; Ord. No. 9142, § 7, 7-21-86)
Use limitations in the C-1 district are as follows:
(1)
All business, service, storage and display of goods shall be conducted within a completely enclosed structure.
(2)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(3)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(4)
Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted to cover more than fifty (50) percent of the total area of any required front yard.
(Code 1966, § 36-608(5); Ord. No. 84-9002, § 1, 2-13-84; Ord. No. 95-9704, § 1, 8-28-95)
The C-2 district is designed to permit areas of convenience shopping facilities of no less than one (1) acre so located to serve one (1) or more residential neighborhoods.
(Code 1966, § 36-609)
Permitted uses in the C-2 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Art galleries;
(4)
Banks and financial institutions;
(5)
Barbershops;
(6)
Beauty shops;
(7)
Bicycle shops;
(8)
Bookstores;
(9)
Business and professional offices;
(10)
Camera and photographic supply stores;
(11)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(12)
Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises;
(13)
Florist shops;
(14)
Food stores, including grocery stores, meat markets, bakeries and delicatessens;
(15)
Gift shops and variety stores;
(16)
Group day care centers, provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(17)
Medical and dental clinics, and guidance centers;
(18)
Mortuaries and funeral homes, including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(19)
Optical shops;
(20)
Pharmacies;
(21)
Public utility uses, including substations and ambulance services;
(22)
Self-service laundry and dry cleaning establishments;
(23)
Shoe repair shops;
(24)
Studios or offices for artists, sculptors, authors, composers, photographers and other similar uses;
(25)
Tailor shops;
(26)
YMCA, YWCA and other similar organizations;
(27)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(28)
Accessory and temporary uses, as permitted by article IV of this chapter;
(29)
Signs, as permitted by article X of this chapter;
(30)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-609(1); Ord. No. 82-8918, § 1, 8-9-82; Ord. No. 83-8954, § 2, 1-24-83; Ord. No. 84-9020, § 5, 5-7-84; Ord. No. 84-9029, § 2, 7-9-84; Ord. No. 88-9241, § 2, 4-11-88; Ord. No. 909386, §§ 1, 3, 8-13-90, Ord. No. 15-10782, § 2, 7-13-2015)
Conditional uses in the C-2 district are as follows:
(1)
Drinking establishment;
(2)
Electronic cigarette establishments;
(3)
Hardware stores;
(4)
Package liquor stores;
(5)
Research laboratories (limited to medical records, statistical research, etc.);
(6)
Restaurants, excluding drive-up window service and drive-in establishments;
(7)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(8)
Tattoo parlors and body piercing studios;
(9)
Telephone exchanges and telephone transmission equipment structures;
(10)
Tobacco shops;
(11)
All permitted and conditional uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 district.
(Code 1966, § 36-609(2); Ord. No. 909396, §§ 2, 3, 8-13-90; Ord. 12-10629, § 1, 2-27-12; Ord. 14-10746, § 2, 8-11-14; Ord. No. 18-10950, § 1, 8-6-18)
Lot size requirements in the C-2 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(3)
Minimum zoning area: ten thousand (10,000) square feet unless contiguous to or within two hundred (200) feet of a similar zoning district.
(Code 1966, § 36-609(3); Ord. No. 90-9379, §§ 1, 2, 4-9-90)
Bulk regulations in the C-2 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: none required, except when, a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be provided.
c.
Rear yard: none required except when a rear yard in this district abuts a residential district, a rear yard of fifteen (15) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-609(4); Ord. No. 83-8970, § 1, 8-22-83; Ord. No. 84-9003, § 10, 2-13-84; Ord. No. 86-9142, § 8, 7-21-86)
Use limitations in the C-2 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than five (5) percent of the total floor area may be used for open display and sales.
(3)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(4)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purses (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(5)
No individual business establishment shall occupy more than twenty-five thousand (25,000) square feet of floor space.
(Code 1966, 36-609(5); Ord. No. 84-9002, § 2, 2-13-84)
The C-3 district is designed to provide a district of no less than one (1) acre for a relatively broad range of retail shopping facilities which primarily consist of specialty shops and stores.
(Code 1966, § 36-610)
Permitted uses in the C-3 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Appliance stores;
(4)
Auditoriums and community theatres;
(5)
Automobile sales and rental, within a completely enclosed building, except that the outdoor display and sale of automobiles may be approved as a temporary use provided that sales events shall be limited to a maximum of four (4) consecutive days in any six-month period.
(6)
Automobile service and accessory stores, provided that all service shall be conducted within a completely enclosed building;
(7)
Banks and financial institutions;
(8)
Barbershops;
(9)
Beauty shops;
(10)
Bicycle shops;
(11)
Blueprinting and photostating establishments;
(12)
Bookstores;
(13)
Business and professional offices;
(14)
Camera and photographic supply stores;
(15)
Carpet and rug stores;
(16)
China and glassware stores;
(17)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(18)
Department stores;
(19)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(20)
Dry cleaning establishments;
(21)
Drygoods stores;
(22)
Florist shops;
(23)
Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(24)
Furniture stores;
(25)
Furrier shops, including the incidental storage and conditioning of furs;
(26)
Gasoline service stations;
(27)
Gift shops;
(28)
Governmental buildings;
(29)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(30)
Hardware stores;
(31)
Hobby shops;
(32)
Hotels and motels;
(33)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, or secondary to, a retail operation;
(34)
Jewelry stores;
(35)
Leather goods and luggage stores;
(36)
Mail-order houses;
(37)
Medical and dental clinics, and guidance centers;
(38)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(39)
Music stores and musical instrument sales and repair;
(40)
Newsstands;
(41)
Optical sales;
(42)
Package liquor stores;
(43)
Paint and wallpaper stores;
(44)
Pet grooming shops;
(45)
Pet stores;
(46)
Pharmacies;
(47)
Physical and health services such as private gymnasiums and reducing salons;
(48)
Private clubs (clubs and organizations, and fraternal and service clubs as defined only);
(49)
Printing plants;
(50)
Public utility uses, including substations and ambulance services;
(51)
Radio and television broadcasting stations;
(52)
Recording studios;
(53)
Research laboratories;
(54)
Restaurants, including establishments with drive up window service and drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles;
(55)
Restricted production and repair limited to the following: alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities;
(56)
Schools: music, dance or business;
(57)
Self-service laundry and dry cleaning establishments;
(58)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(59)
Sporting goods stores;
(60)
Tailors;
(61)
Telephone exchanges and telephone transmission equipment structures;
(62)
Theatres, indoor only;
(63)
Travel bureaus and transportation ticket offices;
(64)
Variety stores;
(65)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(66)
Accessory and temporary uses, as permitted by article IV of this chapter;
(67)
Signs, as permitted by article X of this chapter;
(68)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-601(1); Ord. No. 81-8863, § 8, 8-3-81; Ord. No. 82-8918, § 2, 8-9-82; Ord. No. 83-8954, § 3, 1-24-83; Ord. No. 84-9020, § 6, 5-7-84; Ord. No. 84-9029, § 3, 7-9-84; Ord. No. 87-9196, § 1, 7-27-87; Ord. No. 88-9241, § 3, 4-11-88; Ord. No. 95-9695, § 1, 7-10-95; Ord. No. 07-10424, § 1, 12-3-07; Ord. No. 15-10782, § 3, 7-13-2015)
Conditional uses in the C-3 district are as follows:
(1)
Bus stations;
(2)
Contractor's offices;
(3)
Electronic cigarette establishments;
(4)
Mini-warehouses;
(5)
Multiple-family dwellings provided they shall be governed by the R-3 multiple-family residential district requirements. Such requirements shall include consideration of density, yards, off-street parking, lot coverage and all other requirements for multifamily development as required in the R-3 residential district, except that there shall be one (1) additional foot of setback for each two (2) feet of height over thirty-five (35) feet;
(6)
Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a.
Minimum lot area: five hundred (500) square feet per dwelling unit.
b.
Bulk regulations:
1.
Maximum structure height: one hundred fifty (150) feet except as provided in subsection (6)b.2.ii.
2.
Minimum yard requirements:
i.
Front yard: thirty (30) feet on all sides abutting a street.
ii.
Side yard: fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
iii.
Rear yard: twenty-five (25) feet.
3.
Maximum lot coverage: forty (40) percent.
(7)
Shooting ranges (indoor);
(8)
Tattoo parlors and body piercing studios;
(9)
Taverns;
(10)
Tobacco shops.
(Code 1966, § 36-610(2); Ord. 12-10629, § 1, 2-27-12; Ord. No. 17-10904, § 1, 11-13-17)
Lot size requirements in the C-3 district are as follows: no minimum, but zoning district must be a minimum of one (1) acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Code 1966, § 36-610(3))
Bulk regulations in the C-3 district are as follows:
(1)
Maximum structure height: thirty-five (35) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located accent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the centerline, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or sixty-five (65) feet from the centerline, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: none required except when a side yard in this district abuts a residential district, a side yard of fifteen (15) feet shall be provided.
c.
Rear yard: none required except when a rear yard in this district abuts a residential district, a rear yard of fifteen (15) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: forty (40) percent.
(Code 1966, § 36-610(4); Ord. No. 83-8970, § 2, 8-22-83; Ord. No. 84-9003, § 11, 2-13-84; Ord. No. 86-9142, § 9, 7-21-86; Ord. No. 87-9212, § 1, 9-28-87)
Use limitations in the C-3 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on the premises where produced.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except:
a.
Restaurants which may have food and beverage service on an outdoor patio not more than fifty (50) percent the size of the indoor eating space.
b.
Garden centers accessory to a department or grocery store which may have outdoor display and sales of plants, nursery stock and gardening supplies in an area not greater than fifteen (15) percent of the floor area of the store, provided that the outdoor display area may not be located between the front of the principal building and an arterial street.
c.
Other required conditions:
1.
The area used for outdoor service, display and sales shall be enclosed or otherwise separated from the off-street parking area and circulation drives.
2.
The area used for outdoor service, display and sales shall be adjacent to the principal building and such area shall comply with the setback requirements for the principal building.
3.
The area used for outdoor service, display and sales shall be calculated as floor area in determining the number of required off-street parking spaces.
(3)
No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles.
(4)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(5)
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-610(5); Ord. No. 84-9002, § 3, 2-13-84; Ord. No. 88-9264, § 1, 8-1-88)
The C-4 district is designed to provide a district for a broad range of retail shopping facilities.
(Code 1966, § 36-611)
Permitted uses in the C-4 district are as follows:
(1)
Antique shops;
(2)
Apparel stores;
(3)
Appliance stores, sales and service;
(4)
Art galleries, libraries and museums;
(5)
Auditoriums and community theaters;
(6)
Automobile sales, rental and service, provided all displays of vehicles are within a completely enclosed building; provided however, that any such use with an outdoor display area in existence on January 8, 2000 shall be deemed to be a lawful nonconforming use;
(7)
Auto parts stores;
(8)
Banks and financial institutions;
(9)
Barbershops;
(10)
Beauty shops;
(11)
Bicycle shops;
(12)
Blueprinting and photostating establishments;
(13)
Bookstores;
(14)
Bowling alleys;
(15)
Bus stations;
(16)
Business and professional offices;
(17)
Camera and photographic supply stores;
(18)
Carpet and rug stores;
(19)
China and glassware stores;
(20)
Contractor's offices;
(21)
Department stores;
(22)
Dry cleaning establishments;
(23)
Drygoods stores;
(24)
Electrical contractors;
(25)
Electronic parts and supplies;
(26)
Florist shops;
(27)
Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(28)
Fraternal and service clubs;
(29)
Furniture repair and restoration shop;
(30)
Furniture stores;
(31)
Furrier shops, including the incidental storage and conditioning of furs;
(32)
Gasoline service stations;
(33)
Gift shops;
(34)
Glass and mirror sales and service;
(35)
Government buildings;
(36)
Handcrafts, ceramics, pottery and art materials and supplies shops;
(37)
Hardware stores;
(38)
Hobby shops;
(39)
Hospitals, sanitariums, rest homes, and nursing homes, provided that parking is provided in accordance with section 42-553;
(40)
Hotels and motels, provided that parking is provided at one-half (½) the number of off-street parking spaces required under section 42-553;
(41)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, and secondary to, a retail operation;
(42)
Jewelry stores;
(43)
Leather goods and luggage stores;
(44)
Mail-order houses;
(45)
Massage therapy;
(46)
Mechanical contractors;
(47)
Medical and dental clinics, and guidance centers;
(48)
Mortuaries and funeral homes; including crematories, provided that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(49)
Music stores and musical instrument sales;
(50)
Newspaper offices and printing;
(51)
Newsstands;
(52)
Office equipment and supply;
(53)
Optical sales;
(54)
Package liquor stores;
(55)
Paint and wallpaper stores;
(56)
Pest control and exterminators;
(57)
Pet grooming shops;
(58)
Pet stores;
(59)
Pharmacies;
(60)
Physical and health services such as private gymnasiums and reducing salons;
(61)
Printing plant;
(62)
Private parking garages and lots;
(63)
Public parking garages and lots;
(64)
Public utility uses including substations and ambulance services;
(65)
Radio and television broadcasting stations;
(66)
Radio and television repair shops;
(67)
Recording studios;
(68)
Residential dwellings, accessory to and located above or below the ground floor of another principal use;
(69)
Restaurants with or without the sale of alcoholic beverages, but no drive-in establishments;
(70)
Restricted production and repair limited to the following: alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities;
(71)
Schools: music, dance or business;
(72)
Self-service laundry and dry cleaning establishments;
(73)
Shoe repair shops;
(74)
Sporting goods stores;
(75)
Tailor shops;
(76)
Telephone exchanges and telephone transmission equipment structures;
(77)
Theaters, indoor only;
(78)
Travel bureaus and transportation ticket offices;
(79)
Variety stores;
(80)
YMCA, YWCA, and other similar organizations;
(81)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(82)
Accessory and temporary uses, as permitted by article VI of this chapter,
(83)
Accessory off-street parking and loading, as required by article XI of this chapter;
(84)
Signs, as permitted by article X of this chapter.
(Code 1966, § 36-611(1); Ord. No. 81-8863, § 9, 8-3-81; Ord. No. 82-8918, § 3, 8-9-82; Ord. No. 83-8954, § 4, 1-24-83; Ord. No. 84-9020, § 7, 5-7-84; Ord. No. 88-9241, § 4, 4-11-88; Ord. No. 92-9536, § 1, 10-12-96; Ord. No. 99-9961, § 1, 1-3-00; Ord. No. 01-10056, § 1, 9-24-01; Ord. No. 05-10281, § 1, 6-20-05; Ord. 08-10446, § 1, 5-5-08, Ord. No. 15-10782, § 4, 7-13-2015, Ord. No. 16-10822, § 1, 3-7-2016, Ord. No. 16-10842, § 1, 7-11-16)
Conditional uses in the C-4 district are as follows:
(1)
Amusement arcades, indoor only;
(2)
Amusement and vending devices, sales and service;
(3)
Automobile repair;
(4)
Car washes;
(5)
Church, chapel, temple, synagogue and shrine;
(6)
Custom cabinet and woodworking shop;
(7)
Dog kennels;
(8)
Drinking establishments with less than thirty (30) percent food sales;
(9)
Electronic cigarette establishments;
(10)
Equipment sales, rental and service, except construction-type equipment;
(11)
Food and/or beverage service on an outdoor patio which is accessory to a restaurant or bar, provided that the patio area may not exceed the size or occupant load of the indoor serving space;
(12)
Group care facility;
(13)
Group day-care centers, provided that such us shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building codes;
(14)
Home improvement center;
(15)
Outdoor merchandise sales and display area accessory to a retail store, provided that the display area may not exceed the floor area of the store;
(16)
Motorcycle sales, rental and service, provided that all display of vehicles is within a completely enclosed building;
(17)
Pawn shops;
(18)
Private clubs;
(19)
Recycling centers;
(20)
Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking.
(21)
Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one-half (½) the ratio set forth in section 42-553 and provided that such development shall comply with the R-3 multiple-family district requirements for density and lot size (section 42-204) in addition to the C-4 bulk regulations;
(22)
Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one-half (½) the ratio set in section 42-553 and provided that such development shall have a minimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations;
(23)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(24)
Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district;
(25)
Teen centers;
(26)
Testing and research laboratories;
(27)
Tobacco shops;
(28)
Warehouse and wholesale houses.
(Code 1966, § 36-611(2); Ord. 91-9440, § 1, 5-13-91; Ord. 92-9536, § 2, 10-12-92; Ord. 99-9961, § 2, 1-3-00; Ord. 01-10021, § 1, 2-12-01; Ord. 01-10056, § 2, 9-24-01; Ord. 05-10281, § 2, 6-20-05; Ord 06-10339, § 1, 7-17-06; Ord. 08-10436, § 1, 2-4-08; Ord. 08-10446, § 1, 5-5-08, Ord. 11-10622, § 1, 10-17-2011; Ord. 12-10654, § 1, 9-10-12; Ord. 13-10717, § 1, 9-23-13; Ord. No. 14-10746 § 2, 8-11-14)
Prohibited uses in the C-4 district are as follows:
(1)
Massage parlors;
(2)
Mini-warehouses;
(3)
Payday loans companies.
(Ord. 08-10446, § 1, 5-5-08; Ord. No. 11-10622, § 1, 10-17-11)
Lot size requirements in the C-4 district are as follows: no minimum requirements.
(Code 1966, § 36-611(3))
Bulk regulations in the C-4 district are as follows:
(1)
Maximum structure height: no limitations.
(2)
Yard requirements:
a.
Front yard: none.
b.
Side yard: none required, except as provided below.
c.
Rear yard: none required, except as provided below.
d.
Where any side and/or rear yard abuts a residential district, a landscaped side and/or rear yard shall be provided along such side and/or rear yard that is ten (10) feet in width.
(3)
Maximum lot coverage: one hundred (100) percent.
(Code 1966, § 36-611(4))
Use Limitations in the C-4 district are as follows:
(1)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. No products produced in this district shall be of a nature that they would be classified as a permitted use in the I-2 or I-3 districts if produced separately from a use permitted in this district.
(2)
All business, service, storage and display of goods shall be conducted within a completely enclosed building, except
a.
Restaurants and drinking establishments which may have accessory food and/or beverage service on an outdoor patio on their property if approved as a conditional use in accordance with the provisions in section 42-597.2.
b.
Outdoor merchandise areas and minor sidewalk dining areas for which a downtown activity permit has been obtained pursuant to section 6-110 of this Code.
c.
A sidewalk dining area for which a sidewalk café license agreement has been approved pursuant to section 35-262 of this Code.
d.
Retail stores which may have an accessory outdoor merchandise sales and display area no larger in size than the floor area of the store, provided that the outdoor display area is located on private property and not public right-of-way, if approved as a conditional use in accordance with the provisions in section 42-597.2. For the purposes of his section merchandise shall mean finished products removed from all packaging and boxes, assembled and ready for use by consumers.
(3)
No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles.
(4)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
(Code 1966, § 36-611(5); Ord. No. 95-9694, § 1, 7-10-95; Ord. No. 99-9961, § 3, 1-3-00; Ord. No. 01-10056, § 3, 9-24-01; Ord. No. 12-10654, § 2, 9-10-12; Ord. No. 25-11247, § 1, 6-9-25)
The C-5 district is designed for those business and commercial uses which draw their customers from motorists on the highway, or for whom a location on a highway or arterial street is especially useful or necessary. Although some of the typical retail uses are permitted in other commercial districts, most of these permitted this district would not blend well into a prime retail area.
(Code 1966, § 36-612)
Permitted uses in the C-5 district are as follows:
(1)
Ambulance services;
(2)
Antique shops;
(3)
Apparel stores;
(4)
Appliance stores, sales and service;
(5)
Auditoriums and community theatres;
(6)
Automobile sales and rental and service;
(7)
Automotive parts, wholesale;
(8)
Automotive sales, service and parts;
(9)
Bakeries;
(10)
Banks and financial institutions;
(11)
Barbershops;
(12)
Beauty shops;
(13)
Bicycle shops;
(14)
Boat sales, rental and service;
(15)
Bonding agencies;
(16)
Bookstores;
(17)
Bowling alleys;
(18)
Business and professional offices;
(19)
Camera and photographic supply stores;
(20)
Car washes;
(21)
Carpet and rug stores;
(22)
China and glassware stores;
(23)
Churches, chapels, temples, synagogues, cathedrals and shrines;
(24)
Commercial off-street parking as a principal use;
(25)
Contractor's office;
(26)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(27)
Equipment sales and rental, not including heavy equipment type such as bulldozers and cranes;
(28)
Florist shops;
(29)
Food stores and delicatessens;
(30)
Fraternal and service clubs;
(31)
Furniture stores;
(32)
Furrier shops;
(33)
Garden stores; greenhouses and nurseries;
(34)
Gasoline service stations;
(35)
Gift and souvenir shops;
(36)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(37)
Governmental buildings;
(38)
Hardware stores;
(39)
Hobby shops;
(40)
Hotels and motels;
(41)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as part of, or secondary to, a retail operation;
(42)
Jewelry stores;
(43)
Leather and luggage stores;
(44)
Mail order houses;
(45)
Medical and dental clinics;
(46)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(47)
Music stores and musical instrument sales and repair;
(48)
Newsstands;
(49)
Office equipment and supply;
(50)
Optical sales;
(51)
Package liquor stores;
(52)
Paint and wallpaper stores;
(53)
Parking garages and lots;
(54)
Pawnshops;
(55)
Pest control and exterminators;
(56)
Pet stores and pet grooming shops;
(57)
Pharmacies;
(58)
Physical and health services such as private gymnasiums and reducing salons;
(59)
Pitch and putt, and miniature golf courses;
(60)
Printing plants;
(61)
Private clubs;
(62)
Public utility uses, including substations;
(63)
Radio and television broadcasting stations;
(64)
Radio and television sales and service;
(65)
Recording studios;
(66)
Recreational vehicle rental, sales and service;
(67)
Research laboratories;
(68)
Restaurants, including drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles;
(69)
Schools; music, dance or business;
(70)
Self-service laundry and dry-cleaning establishments;
(71)
Service and fraternal clubs and lodges;
(72)
Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(73)
Sporting goods stores;
(74)
Travel bureaus and transportation ticket offices;
(75)
Truck sales and service;
(76)
Variety stores;
(77)
YMCA, YWCA, and other similar organizations;
(78)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(79)
Accessory and temporary uses, as permitted by article IV of this chapter;
(80)
Signs as permitted by article X of this chapter;
(81)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-612(1); Ord. No. 81-8863, § 10, 8-3-81; Ord. No. 83-8954, § 5, 1-24-83; Ord. No. 84-9029, § 4, 7-9-84; Ord. No. 86-9158, § 1, 9-22-86; Ord. No. 88-9241, § 5, 4-11-88; Ord. No. 15-10770, § 4-13-15, Ord. No. 15-10782, § 5, 7-13-2015)
Conditional uses in the C-5 district are as follows:
(1)
Amusement parks and skating rinks;
(2)
Animal hospitals, provided that all pens shall be in an enclosed structure;
(3)
Automobile repair;
(4)
Electronic cigarette establishments;
(5)
Group care facilities;
(6)
Group rehabilitation facilities;
(7)
Hospitals, sanitariums, rest homes and nursing homes;
(8)
Lumber yards;
(9)
Mini-warehouses;
(10)
Multifamily dwellings, provided that:
a.
New buildings and additions to existing buildings shall comply with the requirements of the R-3 district and parking shall be provided in conformance with section 42-553;
b.
Conversions of existing nonresidential buildings shall comply with the lot size requirements of the R-3 district (section 42-204) in addition to the bulk regulations in the C-5 district and parking may be provided at one-half ratio set forth in section 42-553.
(11)
Multifamily dwellings for elderly and/or handicapped persons provided that:
a.
New buildings and additions to existing buildings shall comply with the requirements of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in section 42-203 and parking shall be provided in conformance with section 42-553;
b.
Conversions of existing nonresidential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with section 42-553.
(12)
Outdoor theatres;
(13)
Shooting ranges (indoor);
(14)
Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas;
(15)
Tattoo parlors and body piercing studios;
(16)
Taverns;
(17)
Telephone exchanges and telephone transmission equipment structures;
(18)
Tobacco shops.
(Code 1966, § 36-612(2); Ord. No. 91-9440, § 2, 5-13-91; Ord. No. 94-9629, § 1, 4-4-94; Ord. 12-10629, § 1, 2-27-12; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 2, 11-13-17; Ord. No. 22-11096, § 2, 2-14-22)
Lot size requirements in the C-5 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-612(3))
Bulk regulations in the C-5 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Minimum front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof:
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
No side or rear yard setback shall be required, other than under the conditions specified in subsection (2)a, except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet.
c.
Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line.
e.
Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-612(4); Ord. No. 83-8970, § 3, 8-22-83; Ord. No. 84-9003, § 12, 2-13-84; Ord. No. 86-9142, § 10, 7-21-86; Ord. No. 99-9947, § 1, 9-13-99)
Use limitations in the C-5 district are as follows:
(1)
No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises and except that accommodation may be offered to transient public by motels and hotels.
(2)
All outdoor storage and vehicles in operating condition and off-street parking and loading spaces shall be enclosed by screening as provided in section 42-320(2)e. Off-street parking and loading spaces and the storage of automobiles and other motor vehicles in operating condition shall be so enclosed when such use abuts on a residential district at a side or a rear lot line or is separated from the district only by an alley.
(3)
All business establishments shall be retail or service establishments dealing directly with consumers, except wholesale when permitted as a conditional use. All goods produced on the premises shall be sold on the premises where produced.
(4)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential district.
(5)
Drive-in establishments offering food or services directly to customers waiting in parked motor vehicles shall screen the space allocated for customers and motor vehicles in the same manner as is required in subsection (2).
(6)
Sight-obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-612(5); Ord. No. 84-9002, § 4, 2-13-84)
The C-6 district is designed for commercial uses which deal with the sale and/or service of heavy equipment or products.
(Code 1966, § 36-613)
Permitted uses in the C-6 district are as follows:
(1)
Agricultural implement sales and service;
(2)
Ambulance services;
(3)
Amusement parks and skating rinks;
(4)
Animal hospitals, provided that all pens shall be in an enclosed structure;
(5)
Antique shops;
(6)
Apparel stores;
(7)
Appliance stores;
(8)
Armories;
(9)
Auditoriums and community theatres;
(10)
Automobile and truck sales and rental, including accessory repair and painting operations and facilities, provided that such operations or facilities shall comply with all the use limitations in section 42-336;
(11)
Automotive repair;
(12)
Automotive parts, wholesale;
(13)
Automotive sales, service and parts;
(14)
Banks and financial institutions;
(15)
Barbershops;
(16)
Beauty shops;
(17)
Bicycle shops;
(18)
Blueprinting and photostating establishments;
(19)
Boat sales rental and service;
(20)
Bonding agencies;
(21)
Bookstores;
(22)
Bowling alleys;
(23)
Business and professional offices;
(24)
Camera and photographic supply stores;
(25)
Car washes;
(26)
Carpet and rug stores;
(27)
China and glassware stores;
(28)
Commercial off-street parking as a principal use;
(29)
Contractor's offices;
(30)
Department stores;
(31)
Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(32)
Dry cleaning establishments;
(33)
Dry goods stores;
(34)
Electrical contractors;
(35)
Electronic parts and supplies;
(36)
Equipment sales and rental;
(37)
Florist shops;
(38)
Food stores and delicatessens;
(39)
Fraternal and service clubs;
(40)
Furniture stores;
(41)
Furrier shops;
(42)
Garden stores, greenhouses and nurseries;
(43)
Gasoline service stations;
(44)
Gift and souvenir shops;
(45)
Governmental buildings;
(46)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code.
(47)
Hardware stores;
(48)
Hobby shops;
(49)
Hospitals, sanitariums, rest homes and nursing homes;
(50)
Hotels and motels;
(51)
Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles;
(52)
Jewelry stores;
(53)
Leather and luggage stores;
(54)
Lumber yards;
(55)
Mail-order houses;
(56)
Mechanical contractors;
(57)
Medical and dental clinics, and guidance centers;
(58)
Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence;
(59)
Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(60)
Music stores and musical instrument sales;
(61)
Newspaper offices and printing;
(62)
Newsstands;
(63)
Office equipment and supply;
(64)
Optical sales;
(65)
Package liquor stores;
(66)
Paint and wallpaper stores;
(67)
Parking garages and lots;
(68)
Pawnshops;
(69)
Pest control and exterminators;
(70)
Pet grooming shops;
(71)
Pet stores;
(72)
Pharmacies;
(73)
Physical and health services;
(74)
Printing plants;
(75)
Private clubs;
(76)
Public utility uses, including substations;
(77)
Radio and television broadcasting stations;
(78)
Radio and television repair shops;
(79)
Recording studios;
(80)
Recreational vehicle rental, sales and service;
(81)
Restaurants, including drive-in establishments;
(82)
Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metals; watches; dentures; optical lenses; and other similar activities;
(83)
Schools: music, dance or business;
(84)
Self-service laundry and dry cleaning establishments;
(85)
Shoe repair shops;
(86)
Sporting goods stores;
(87)
Tailor shops;
(88)
Taverns;
(89)
Telephone exchanges and telephone transmission equipment structures;
(90)
Theatres, indoor only;
(91)
Variety stores;
(92)
YMCA, YWCA, and other similar organizations;
(93)
Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 42-336;
(94)
Accessory and temporary uses, as permitted by article IV of this chapter;
(95)
Signs as permitted by article X of this chapter;
(96)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-613(1); Ord. No. 81-8863, § 11, 8-3-81; Ord. No. 83-8954, § 6, 1-24-83; Ord. No. 84-9020, § 8, 5-7-84; Ord. No. 88-9241, § 6, 4-11-88; Ord. No. 91-9440, § 3, 5-13-91, Ord. No. 15-10782, § 6, 7-13-15; Ord. No. 17-10906, § 1, 11-13-17)
Conditional uses in the C-6 district are as follows:
(1)
Dog racing tracks;
(2)
Electronic cigarette establishments;
(3)
Horse racing tracks;
(4)
Mini-warehouses;
(5)
Outdoor theatres;
(6)
Shooting ranges (indoor);
(7)
Tattoo parlors and body piercing studios;
(8)
Tire repairs shops, recapping, etc.;
(9)
Tobacco shops;
(10)
Warehouse and wholesale houses.
(Code 1966, § 36-613(2); Ord. No. 80-8808, § 1, 8-25-80; Ord. No. 81-8863, § 12, 8-3-81; Ord. No. 86-9159, § 1, 9-22-86; Ord. No. 87-9173, § 1, 2-9-87; Ord. No. 12-10629, § 1, 2-27-12; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 3, 11-13-17; Ord. No. 17-10906, § 2, 11-13-17)
Lot size requirements in the C-6 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(Code 1966, 36-613(3))
Bulk regulations in the C-6 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard:
1.
Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof.
A.
Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
B.
Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater.
C.
Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
No side or rear yard setback shall be required other than under the conditions specified in subsection (2)a., except that when located adjacent to a property in a residential district there shall be a setback of ten (10) feet.
c.
Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-613(4); Ord. No. 83-8970, § 4, 8-22-83; Ord. No. 84-9003, § 13, 2-13-84; Ord. No. 86-9142, § 11, 7-21-86)
Use limitations in the C-6 district are as follows:
(1)
No structure shall be used for residential purposes except for a security guard or night watchman or the owner or operator of the business located on the premises.
(2)
All outdoor storage including off-street parking spaces shall be enclosed by screening from adjacent property located in a residential district.
(3)
All lighting shall be so located to avoid casting direct light upon any property located in a residential district.
(4)
Sight-obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line.
(Code 1966, § 36-613(5); Ord. No. 84-9002, § 5, 2-13-84)
The C-7 district is designed to permit the development of service uses associated with interchange areas and other locations along major limited access highways. At certain access points food, lodging, motor vehicle service and fuel providers can be clustered to provide convenient service to the traveling public. The uses permitted in this district are required to be in an enclosed structure or effectively screened and the premises are to be appropriately landscaped so as to protect and enhance the appearance of interstate entrances and major arteries of access to the city.
(Ord. No. 89-9354, § 1, 11-13-89)
Permitted uses in the C-7 district are as follows:
(1)
Bus stations;
(2)
Car washes;
(3)
Commercial off-street parking as a principal use;
(4)
Gasoline service stations and accessory convenience stores;
(5)
Gift and souvenir shops;
(6)
Hotels, motels and convention facilities;
(7)
Package liquor stores, provided that such must be located inside a building used for convenience store, hotel, motel or restaurant purposes;
(8)
Restaurants, including drive-up and drive-in establishments;
(9)
Truck stops and accessory service;
(10)
Any use not specifically listed as a permitted use, if the zoning administrator determines under subsection 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use;
(11)
Accessory and temporary uses, as permitted by article IV of this chapter;
(12)
Signs as permitted by article X of this chapter;
(13)
Off-street parking and loading, as required by article XI of this chapter.
(Ord. No. 89-9354, § 2, 11-13-89, Ord. 10-10549, § 1, 7-14-10, Ord. No. 15-10782, § 7, 7-13-15)
Conditional uses in the C-7 district are as follows:
(1)
Agricultural implement sales and service;
(2)
Automobile and truck sales, rental and repair service;
(3)
Automotive parts stores;
(4)
Beverage distributors;
(5)
Boat sales, rental and service;
(6)
Building supply stores and lumber yards;
(7)
Business and professional offices;
(8)
Commercial recreation facilities;
(9)
Department and discount stores;
(10)
Equipment sales and rental;
(11)
Food stores and delicatessens;
(12)
Fraternal and service clubs;
(13)
Furniture stores;
(14)
Governmental buildings;
(15)
Manufactured home and mobile home sales;
(16)
Private clubs;
(17)
Public utility uses, including substations;
(18)
Recreational vehicle campgrounds;
(19)
Recreational vehicles sales, rental and service;
(20)
Shooting ranges (indoor);
(21)
Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas;
(22)
Warehouses and wholesale houses.
(Ord. No. 89-9354, § 3, Ord. No. 90-9382, §§ 1, 2, 5-14-90; Ord. No. 17-10904, § 4, 11-13-17; Ord. No. 22-11096, § 3, 2-14-22)
Lot size requirements in the C-7 district are as follows:
(1)
Minimum lot width: seventy-five (75) feet.
(2)
Minimum lot depth: one hundred (100) feet.
(3)
Minimum zoning area: one (1) acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Ord. No. 89-9354, § 4, 11-13-89)
Bulk regulations in the C-7 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard: thirty (30) feet on all sides abutting a street; except when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
b.
Side yard: ten (10) feet, except when located adjacent to property in a residential district where a twenty-foot setback shall be required.
c.
Rear yard: ten (10) feet, except when located adjacent to property in a residential district where a twenty-foot setback shall be required.
d.
Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street; however, a canopy may be constructed which further extends to, but not beyond, the front property line.
(3)
Maximum lot coverage: fifty (50) percent.
(Ord. No. 89-9354, § 5, 11-13-89)
Use limitations in the C-7 district shall be as established for the C-5 district (section 42-321) and as follows:
(1)
All walks, access drives and parking areas shall be surfaced with a permanent asphalt or concrete paving and, except for paved areas, the grounds shall be planted with appropriate vegetative materials and landscaped according to an approved landscape plan which shall be filed in the zoning administrator's office.
(2)
No outdoor storage shall be permitted in that area of the property between the front of the principal building or buildings and the public street on which the principal building or buildings front. All outdoor storage and loading areas elsewhere on the property shall be screened by fencing or landscaping treatment in such a manner that it shall not be visible from any public street. Areas devoted to outdoor storage, off-street parking and loading and the display of goods offered for sale or rental shall be screened when such areas abut a residential district at a side or rear lot line.
(3)
Signage shall be governed by the sign regulations for the C-5 district (section 42-522).
(Ord. No. 89-9354, § 6, 11-13-89)
The I-1 district is designed to permit a broad range of industrial activities within certain limitations. The uses permitted in this district are required to be in an enclosed structure and all premises are to be landscaped according to an approved landscape plan. All walks, drives and parking areas shall be all-weather surfaced.
(Code 1966, § 36-614)
Permitted uses in the I-1 district are as follows:
(1)
Adding machine manufacture;
(2)
Armories;
(3)
Artificial flower manufacture;
(4)
Automobile rental agency;
(5)
Automotive parts, wholesale;
(6)
Bakery, wholesale;
(7)
Beverage manufacturing and bottling works (excluding malts and spirits);
(8)
Bicycle manufacture;
(9)
Blueprinting and photostating;
(10)
Book publishing;
(11)
Boot and shoe manufacture;
(12)
Broom manufacture;
(13)
Business, professional and administrative offices;
(14)
Cabinet maker;
(15)
Candy manufacture;
(16)
Cap and hat manufacture;
(17)
Carpenter shop;
(18)
Carpet cleaning;
(19)
Cleaning and pressing;
(20)
Clock factory;
(21)
Clothing manufacture and assembly;
(22)
Coffin manufacture;
(23)
Cold storage warehouse;
(24)
Commission house;
(25)
Condensed milk manufacture;
(26)
Cosmetic manufacture;
(27)
Dental laboratory;
(28)
Drug manufacture;
(29)
Dry cleaning;
(30)
Drygoods, wholesale;
(31)
Dyeing and cleaning;
(32)
Electrical repair;
(33)
Electrical sign manufacture;
(34)
Electronic parts and supplies;
(35)
Envelope manufacture;
(36)
Equipment sales and rental, except heavy construction equipment;
(37)
Express storage and delivery station;
(38)
Frozen food lockers;
(39)
Fruit and vegetable drying;
(40)
Fur warehouse;
(41)
Furniture warehouse/storage;
(42)
Garden stores, greenhouses and nurseries;
(43)
Grocery store, wholesale;
(44)
Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code;
(45)
Gymnasium equipment manufacture;
(46)
Hat cleaning;
(47)
Jewelry manufacture;
(48)
Knit goods manufacture;
(49)
Laboratories;
(50)
Laundry;
(51)
Limb (artificial) manufacture; (prosthesis manufacture);
(52)
Loose-leaf book manufacture;
(53)
Mattress manufacture;
(54)
Medicine manufacture;
(55)
Milk bottling plant;
(56)
Millinery making;
(57)
Mineral distillation and bottling;
(58)
Moving company, with storage facilities;
(59)
Newspaper offices and printing;
(60)
Office equipment and supply manufacture;
(61)
Office equipment and supply wholesale;
(62)
Optical goods manufacture;
(63)
Organ manufacture;
(64)
Paper products manufacture;
(65)
Pencil factory;
(66)
Perfumery;
(67)
Pharmaceutical products manufacture;
(68)
Phonograph manufacture;
(69)
Photo engraving company;
(70)
Piano manufacture;
(71)
Popcorn factory;
(72)
Printing plants;
(73)
Produce warehouse;
(74)
Public utility plants and services, including substations;
(75)
Publishing company;
(76)
Pump station;
(77)
Radio and television broadcasting stations;
(78)
Radio and television repair shops;
(79)
Radio manufacture;
(80)
Recycling center;
(81)
Recording studios;
(82)
Relay station (radio, television, etc.);
(83)
Research facilities;
(84)
Saddle manufacture;
(85)
Sign painting;
(86)
Small animal hospitals;
(87)
Soap manufacture;
(88)
Soda water manufacture;
(89)
Sporting goods manufacture;
(90)
Stair manufacture;
(91)
Storage warehouse;
(92)
Tailor shop;
(93)
Tea and spice packing;
(94)
Television aerials (classed with building to which attached);
(95)
Television manufacture;
(96)
Television sending or relay towers;
(97)
Textile manufacture;
(98)
Thermometer or thermostat manufacture;
(99)
Transfer company, baggage storage;
(100)
Trunk manufacture;
(101)
Upholstery manufacture;
(102)
Wallpaper manufacture;
(103)
Warehouse;
(104)
Watch manufacture;
(105)
Water company appurtenances;
(106)
Waterproofing treatment and manufacture;
(107)
Wholesale houses;
(108)
Wholesale produce storage and market;
(109)
Window shade manufacture;
(110)
Wire brush manufacture;
(111)
Wood products manufacture;
(112)
Woodworking shops;
(113)
Woven goods manufacture;
(114)
Accessory and temporary uses, as permitted by article IV of this chapter;
(115)
Signs, as permitted by article X of this chapter;
(116)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-614(1); Ord. No. 88-9242, § 1, 4-11-88; Ord. 07-10401, § 1, 8-13-07)
Conditional uses in the I-1 district are as follows:
(1)
Automobile and truck washes;
(2)
Automobile repair (no wrecking yard);
(3)
Boat sales, rental and service;
(4)
Building materials yard;
(5)
Contractor's office and storage yard;
(6)
Mini-warehouses;
(7)
Pest control and exterminators;
(8)
Plumbing shop;
(9)
Recreational vehicle rental, sales and service;
(10)
Truck sales and service;
(11)
Truck terminals;
(12)
Welding shop (no salvage yard).
(Code 1966, § 36-614(2); Ord. No. 88-9242, § 2, 4-11-88; Ord. 07-10401, § 1 8-13-07; Ord. No. 22-11111, § 1, 5-2-22)
Lot size requirements in the I-1 district are as follows:
(1)
Minimum lot width: one hundred (100) feet.
(2)
Minimum lot depth: one hundred fifty (150) feet.
(3)
Minimum zoning area: one acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) percent.
(Code 1966, § 36-614(3))
Bulk regulations in the I-1 district are as follows:
(1)
Maximum structure height: fifty (50) feet.
(2)
Yard requirements:
a.
Front yard: thirty-five (35) feet on all sides abutting a street, except when located adjacent to an arterial street, there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
b.
Side yard: twenty (20) feet.
c.
Rear yard: twenty (20) feet.
(3)
Maximum lot coverage: thirty-five (35) percent.
(Code 1966, § 36-614(4))
Use limitations in the I-1 district are as follows:
(1)
All operations, activities and storage shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any zoning district other than an I-1, I-2, or I-3 district and except that storage may be maintained outside the building in side yards or rear yards if such storage area is separated from public streets and other property (except property located in an I-1, I-2, or I-3 district) by screening of not less than six (6) feet in height.
(2)
No retail sales or services shall be permitted except incidental or accessory to a permitted use.
(3)
Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use.
(4)
All premises in an I-1 district shall be furnished with all-weather, hard surface walks and, except for parking areas, the grounds shall be planted and landscaped according to a landscape plan which shall be filed in the zoning administrator's office.
(5)
If a lot in an I-1 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(6)
No building shall be used for residential purposes except that a watchman may reside on the premises.
(7)
Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district or upon any street where glare is visible to traffic.
(Code 1966, § 36-614(5); Ord. No. 84-9002, § 6, 2-13-84)
The I-2 district is designed to permit industrial activities of a limited nature. This includes uses which in many cases are compatible with adjacent use districts.
(Code 1966, § 36-615)
Permitted uses in the I-2 district are as follows:
(1)
Any retail or commercial use, except those listed as conditional uses in the I-2 or I-3 districts;
(2)
Adding machine manufacture;
(3)
Armories;
(4)
Artificial flower manufacture;
(5)
Automobile assembly;
(6)
Automobile and truck washes;
(7)
Automobile rental agency;
(8)
Automobile repair (no wrecking yard);
(9)
Bakery, wholesale;
(10)
Beverage manufacturing and bottling (excluding malts and spirits);
(11)
Bicycle manufacture;
(12)
Blacksmith (no salvage yard);
(13)
Book publishing;
(14)
Boot and shoe manufacture;
(15)
Bottling works;
(16)
Broom manufacture;
(17)
Building materials yard;
(18)
Cabinet maker;
(19)
Candy manufacture;
(20)
Canning and preserving factory;
(21)
Cap and hat manufacture;
(22)
Carpenter shop;
(23)
Carpet cleaning;
(24)
Cleaning and pressing;
(25)
Clock factory;
(26)
Clothing manufacture;
(27)
Coffin manufacture;
(28)
Cold storage warehouse;
(29)
Commission house;
(30)
Concrete burial vault company;
(31)
Condensed milk manufacture;
(32)
Contractor's storage yard and offices;
(33)
Cosmetic manufacture;
(34)
Creamery, wholesale;
(35)
Dairy, wholesale;
(36)
Dental laboratory;
(37)
Drug manufacture;
(38)
Dry cleaning establishment;
(39)
Drygoods, wholesale;
(40)
Dyeing and cleaning;
(41)
Electrical repair;
(42)
Electrical sign manufacture;
(43)
Enameling and painting;
(44)
Engraving plant;
(45)
Envelope manufacture;
(46)
Express storage and delivery station;
(47)
Feed and seed stores;
(48)
Feed manufacturer;
(49)
Feed, wholesale;
(50)
Flour and grain storage and elevators;
(51)
Food products manufacture;
(52)
Frozen food lockers;
(53)
Fruit and vegetable drying;
(54)
Fur warehouse;
(55)
Furniture warehouse/storage;
(56)
Garage, repair;
(57)
Garment factory;
(58)
Greenhouses, retail and wholesale;
(59)
Grocery store, wholesale;
(60)
Gymnasium equipment manufacture;
(61)
Hangars with repair facilities;
(62)
Hat cleaning;
(63)
Hatchery;
(64)
Hay, grain, feed, wholesale;
(65)
Ice cream manufacture;
(66)
Ice manufacture;
(67)
Jewelry manufacture;
(68)
Knit goods manufacture;
(69)
Laboratories;
(70)
Laundry;
(71)
Limb (artificial) manufacture; (prosthesis manufacture);
(72)
Lime and cement warehouse;
(73)
Looseleaf book manufacture;
(74)
Lumber yard;
(75)
Macaroni manufacture;
(76)
Machinery and implement sales, rental, storage and repair;
(77)
Mattress manufacture;
(78)
Medicine manufacture;
(79)
Metal fabrication and assembly;
(80)
Milk bottling plant;
(81)
Milk depot, wholesale;
(82)
Millinery making;
(83)
Mineral distillation and bottling;
(84)
Mini-warehouses;
(85)
Mobile home sales and service;
(86)
Motorcycle repair;
(87)
Moving company, with storage facilities;
(88)
Newspaper offices and printing;
(89)
Office building on same site as industry (factory);
(90)
Office equipment and supply manufacture;
(91)
Optical goods manufacture;
(92)
Organ manufacture;
(93)
Overalls manufacture;
(94)
Paper products manufacture;
(95)
Pencil factory;
(96)
Perfumery;
(97)
Pest control and exterminators;
(98)
Pharmaceutical products manufacture;
(99)
Phonograph manufacture;
(100)
Photo engraving company;
(101)
Piano manufacture;
(102)
Plumbing shop;
(103)
Popcorn factory;
(104)
Printing plants;
(105)
Produce warehouse;
(106)
Public utility plants and services, including substations;
(107)
Publishing company;
(108)
Pump station;
(109)
Radio manufacture;
(110)
Recycling center;
(111)
Refrigerator manufacture;
(112)
Refuse service;
(113)
Relay station (radio, television, etc.);
(114)
Research facilities;
(115)
Rug cleaning;
(116)
Saddle manufacture;
(117)
Screw and bolt manufacture;
(118)
Seed company (processing);
(119)
Sheet metal shop;
(120)
Shirt factory;
(121)
Sign painting;
(122)
Small animal hospitals;
(123)
Soap manufacture;
(124)
Soda water manufacture;
(125)
Sporting goods manufacture;
(126)
Stair manufacture;
(127)
Storage of consumer grade fireworks [1.4G] subject to the locational and separation requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(128)
Storage warehouse;
(129)
Tailor shop;
(130)
Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and body piercing shall be located at least two hundred (200) feet from a church, school, day care center, park or residential zoning district;
(131)
Taxicab storage, repair;
(132)
Tea and spice packing;
(133)
Television aerials (classed with building to which attached);
(134)
Television manufacture;
(135)
Television sending or relay towers;
(136)
Textile manufacture;
(137)
Thermometer or thermostat manufacture;
(138)
Tin products, wholesale;
(139)
Tinsmith shop;
(140)
Tire repair shop, recapping, etc.;
(141)
Transfer company, baggage storage;
(142)
Truck sales, rental and service;
(143)
Truck terminals;
(144)
Trunk manufacture;
(145)
Upholstery manufacture;
(146)
Vulcanizing shop (rubber);
(147)
Wallpaper manufacture;
(148)
Warehouse;
(149)
Washing machine manufacture;
(150)
Watch manufacture;
(151)
Water company appurtenances;
(152)
Waterproofing treatment and manufacture;
(153)
Welding shop (no salvage);
(154)
Wholesale houses;
(155)
Wholesale produce storage and market;
(156)
Window shade manufacture;
(157)
Wire brush manufacture;
(158)
Wood products manufacture;
(159)
Woodworking shops;
(160)
Worsted goods manufacture;
(161)
Wrecker service (no impound yard but wrecking yard);
(162)
Woven goods manufacture;
(163)
Accessory and temporary uses, as permitted by article IV of this chapter;
(164)
Signs, as permitted by article X of this chapter;
(165)
Off-street parking and loading, as required by article XI of this chapter;
(166)
Any other similar industrial use, provided that it complies with the limitations in section 42-366.
(Code 1966, § 36-615(1); Ord. 07-10401, § 2, 8-13-07; Ord. No. 12-10629, § 1, 2-27-12; Ord. No. 23-11143, § 1, 3-6-23)
Conditional uses in the I-2 district are as follows:
(1)
Electronic cigarette establishments;
(2)
Junkyard subject to the development limitations in section 42-366(5);
(3)
Salvage yard subject to the development limitation in section 42-366(5);
(4)
Scrap metal processing subject to the development limitation in section 42-366(5);
(5)
Shooting ranges (indoor);
(6)
Tobacco shops;
(7)
Wrecking yards subject to the development limitation in section 42-366(5);
(Code 1966, § 36-615(2); Ord. No. 07-10401, § 2, 8-13-07; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 5, 11-13-17)
Lot size requirements in the I-2 district are as follows:
(1)
Minimum lot area: five thousand (5,000) square feet.
(2)
Minimum lot width: fifty (50) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-615(3))
Bulk regulations in the I-2 district are as follows:
(1)
Maximum structure height: no limitation.
(2)
Minimum yard requirements:
a.
Minimum front yard:
1.
Twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: no minimum requirement, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided.
c.
Minimum rear yard: no minimum requirement, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: fifty (50) percent.
(Code 1966, § 36-615(4); Ord. No. 83-8970, § 5, 8-22-83; Ord. No. 84-9003, § 14, 2-13-84)
Use limitations in the I-2 district are as follows:
(1)
All operations, activities and storage shall be conducted wholly inside a building, or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other zoning district other than an I-2 or I-3 district and except that storage may be maintained outside the building in side or rear yards if such storage area is separated from public streets and other property (except property located in an I-2 or I-3 district) by screening of not less than six (6) feet in height.
(2)
Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use.
(3)
If a lot in an I-2 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(4)
No building shall be used for residential purposes except that a watchman may reside on the premises.
(5)
Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (light industrial) and I-3 (heavy industrial) zoning district and shall be established only by a conditional use permit approved by the planning commission in accordance with the procedures set out in section 42-597.2 and shall be subject to such protective conditions that may be warranted by the nature and scale of the salvage operation.
The following standards shall apply to the operation of the above list of uses:
a.
Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as twenty thousand (20,000) square feet where the site abuts one (1) or more existing operations that exceed two (2) acres in total.
b.
All boundaries, as established by the issuance of a conditional use permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts.
c.
No operation shall be located within five hundred (500) feet of any established residential district.
d.
The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times.
e.
No screening fence or wall may be located within a required front yard setback area along a public street or highway.
f.
No inoperable vehicles or parts thereof or other salvage material shall be displayed or stored outside the fence enclosure in a required front yard or in any manner designed to attract customers or the general public from any public street or highway.
g.
Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal.
h.
All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris.
These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this chapter.
Possible additions to the use limitations:
1.
Require vegetative screening or plantings in addition to solid fencing instead of just as an alternative to fencing.
2.
Prohibit junkyards, salvage yards, scrap metal processors and wrecking yards within five hundred (500) feet of specifically identified arterial street corridors or entryways into the community and call those out in the ordinance.
(Code 1966, § 36-615(5); Ord. No. 84-9002, § 7, 2-13-84; Ord. No. 07-10401, § 2, 8-13-07)
The I-3 district is designed for those industries which are apt to have an extensive impact on the surrounding area. If possible, I-3 district should be separated from residential districts and the more restricted business districts by intervening or restrictive industrial or commercial zones.
(Code 1966, § 36-616)
Permitted uses in the I-3 district are as follows:
(1)
Any retail or commercial use except those listed as conditional in section 42-383;
(2)
All permitted uses in the I-2 district except those listed as conditional in section 42-383;
(3)
Airplane repair and manufacture;
(4)
Automobile manufacturing;
(5)
Bag cleaning;
(6)
Bank equipment manufacture;
(7)
Barrel manufacture;
(8)
Beet sugar manufacture;
(9)
Beverage manufacture and bottling;
(10)
Bleaching powder manufacture;
(11)
Blooming mill;
(12)
Blueing manufacture;
(13)
Boat manufacture;
(14)
Box manufacture;
(15)
Brass foundry;
(16)
Brewery;
(17)
Brick yard and kiln;
(18)
Bronze manufacture;
(19)
Brush manufacture;
(20)
Can manufacture;
(21)
Candle manufacture;
(22)
Car manufacture;
(23)
Car wheel foundry;
(24)
Cast iron pipe manufacture;
(25)
Casting foundry;
(26)
Celluloid manufacture;
(27)
Chalk manufacture;
(28)
Charcoal manufacture and pulverizing;
(29)
Cheese manufacture;
(30)
Chocolate and cocoa products;
(31)
Cider and vinegar manufacture;
(32)
Clay products;
(33)
Coal yards;
(34)
Coffee roasting;
(35)
Concrete batching or "ready mixed" plant;
(36)
Concrete products company;
(37)
Copper manufacture;
(38)
Cotton yarn manufacture;
(39)
Culvert pipe manufacture;
(40)
Electrical supply manufacture;
(41)
Elevator manufacture;
(42)
Emery cloth manufacture;
(43)
Engine manufacture;
(44)
Excelsior manufacture;
(45)
Fire brick manufacture;
(46)
Fire clay products manufacture;
(47)
Flour and grain milling;
(48)
Foundry;
(49)
Fuel storage and distribution;
(50)
Furnace manufacture;
(51)
Furniture manufacture;
(52)
Glass manufacture;
(53)
Hair products factory;
(54)
Hardware manufacture;
(55)
Heating supplies and appliances manufacture;
(56)
Hosiery mill;
(57)
Iron (ornamental) works;
(58)
Lath manufacture;
(59)
Laundry machinery manufacture;
(60)
Leather and leather goods manufacture;
(61)
Light and power manufacture;
(62)
Linen goods manufacture;
(63)
Linoleum manufacture;
(64)
Lubricating machinery manufacture;
(65)
Lumber mill;
(66)
Machine shop;
(67)
Machinery manufacture;
(68)
Mailbox manufacture;
(69)
Malt products manufacture;
(70)
Meat cutter and coffee grinder manufacture;
(71)
Meat packing plant;
(72)
Metal polish manufacture;
(73)
Metal weather-stripping manufacture;
(74)
Milling company;
(75)
Mini-warehouses;
(76)
Monument works;
(77)
Motorcycle manufacture;
(78)
Nail manufacture;
(79)
Needle manufacture;
(80)
Oilcloth manufacture;
(81)
Packing (meat, poultry) plant;
(82)
Pattern shop;
(83)
Pipe (concrete) manufacture;
(84)
Pipe (metal) manufacture;
(85)
Planning mill;
(86)
Plaster of Paris manufacture;
(87)
Plating works;
(88)
Poultry food manufacture;
(89)
Printing ink manufacture;
(90)
Quilt manufacture;
(91)
Radiator (heating) manufacture;
(92)
Rivet manufacture;
(93)
Rope manufacture;
(94)
Rubber cement manufacture;
(95)
Rubber manufacture;
(96)
Rug manufacture;
(97)
Salt manufacture;
(98)
Sand and gravel storage yard;
(99)
Sand paper manufacture;
(100)
Sausage or sausage casing manufacture;
(101)
Sawmill;
(102)
Sewer pipe manufacture;
(103)
Shingle manufacture;
(104)
Shoe manufacture;
(105)
Shovel manufacture;
(106)
Starch manufacture;
(107)
Soybean oil manufacture;
(108)
Stone cutting and screening;
(109)
Storage of consumer grade fireworks [1.4G] subject to the locational and separation requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(110)
Stove and range manufacture;
(111)
Sweeping compound manufacture;
(112)
Syrup and preserve manufacture;
(113)
Tack manufacture;
(114)
Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and body piercing shall be located at least two hundred (200) feet from a church, school, day care center, park or residential zoning district;
(115)
Terra cotta manufacture;
(116)
Tile manufacture;
(117)
Tin foil manufacture;
(118)
Tin products manufacture;
(119)
Tire manufacture;
(120)
Tool manufacture;
(121)
Vinegar manufacture;
(122)
Washing powder manufacture;
(123)
Washing soda manufacture;
(124)
Waste paper products manufacture;
(125)
Wire manufacture;
(126)
Wood preserving treatment manufacture;
(127)
Accessory and temporary uses, as permitted by article IV of this chapter;
(128)
Signs, as permitted by article X of this chapter;
(129)
Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, § 36-616(1); Ord. No 07-10401, § 3, 8-13-07; Ord. No. 23-11143, § 2, 3-6-23)
Conditional uses in the I-3 district are as follows:
(1)
Anhydrous ammonia production and storage subject to the development limitations in section 42-386(3);
(2)
Electronic cigarette establishments;
(3)
Explosives manufacture and storage (including display grade fireworks [1.3G]) subject to the development limitations in section 42-386(1);
(4)
Junkyard subject to the development limitations in section 42-386(3);
(5)
Salvage yard subject to the development limitations in section 42-386(3);
(6)
Scrap metal processing subject to the development limitations in section 42-386(3);
(7)
Shooting ranges (indoor);
(8)
Tobacco shops;
(9)
Wrecking yard subject to the development limitations in section 42-386(3).
(Code 1966, § 36-616(2); Ord. No. 07-10401, § 1, 8-13-07; Ord. No. 14-10746, § 2, 8-11-14; Ord. No. 17-10904, § 6, 11-13-17; Ord. No. 23-11143, § 3, 3-6-23)
Lot size requirements in the I-3 district are as follows:
(1)
Minimum lot area: five thousand (5,000) square feet.
(2)
Minimum lot width: fifty (50) feet.
(3)
Minimum lot depth: one hundred (100) feet.
(Code 1966, § 36-616(3))
Bulk regulations in the I-3 district are as follows:
(1)
Maximum structure height: no limitation.
(2)
Minimum yard requirements:
a.
Minimum front yard:
1.
Twenty-five (25) feet on all sides abutting a street, except when located adjacent to an arterial street there shall be a setback of seventy-five (75) feet from the street center line. The greater distance shall prevail.
2.
When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations.
b.
Side yard: no minimum requirement, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided.
c.
Minimum rear yard: no minimum requirement, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided.
d.
Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way.
(3)
Maximum lot coverage: seventy-five (75) percent.
(Code 1966, § 36-316(4); Ord. No. 83-8970, § 6, 8-22-83; Ord. No. 84-9003, § 15, 2-13-84)
Use limitations in the I-3 district are as follows:
(1)
If a lot in an I-3 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line.
(2)
No building shall be used for residential purposes except that a watchman or custodian may reside on the premises.
(3)
Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (light industrial) and I-3 (heavy industrial) zoning district and shall be established only by a conditional use permit approved by the planning commission in accordance with the procedures set out in section 42-597.2 and shall be subject to such protective conditions that may be warranted by the nature and scale of the salvage operation.
The following standards shall apply to the operation of the above list of uses:
a.
Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as twenty thousand (20,000) square feet where the site abuts one (1) or more existing operations that exceed two (2) acres in total.
b.
All boundaries, as established by the issuance of a conditional use permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts.
c.
No operation shall be located within five hundred (500) feet of any established residential district.
d.
The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times.
e.
No screening fence or wall may be located within a required front yard setback area along a public street or highway.
f.
No inoperable vehicles or parts thereof or other salvage material shall be displayed or stored outside the fence enclosure in a required front yard or in any manner designed to attract customers or the general public from any public street or highway.
g.
Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal.
h.
All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris.
These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this chapter.
(Code 1966, § 36-616(5); Ord. No. 84-9002, § 8, 2-13-84; Ord. No. 07-10401, § 3, 8-13-07)