Schulenburg City Zoning Code
§ 5
SCHEDULE OF DISTRICT REGULATIONS.
5.1
District A-O: Agricultural-Open.
5.2
Purpose.
This district includes lands within the corporate limits of the city which are not subdivided and are relatively undeveloped. It may also include those areas mentioned in section 3, subsection 3.4 above. This district is designed to promote order-timely [sic], economical growth and to recognize current conditions. It is a reserved area in which the future growth of the city can occur.
5.3
Permitted uses.
Single-family dwellings. |
Barn, stable for keeping private animal stock. |
Country club (publicly or privately owned). |
Crop production. Farm. |
Truck garden (including greenhouse for commercial purposes). |
Golf course. |
Home occupations. |
Pasturage. |
Poultry production (noncommercial). |
Riding academy (private). |
5.5
Area requirements.
Refer to Table A at the end of this section.
5.6
Parking requirements.
Refer to section 7.
5.7
Sign regulations.
Refer to section 8.
5.8
District R-1: Single-Family Residential.
5.8.1
Purpose.
This district includes lands which are subdivided into tracts for residential purposes. The district is designed to protect these areas from the undesirable encroachment of nonresidential uses, dense residential development and other similar uses not compatible with the character of one-family detached home type land use, and provided with necessary services and facilities.
5.9
Permitted uses.
Single-family dwellings. |
Home occupations. |
5.11
Area requirements.
Refer to Table A at the end of this section.
5.12
Parking requirements.
Refer to section 7.
5.13
Sign regulation.
Refer to section 8.
5.14
District R-1: Two-Family Residential.
5.15
Purpose.
This district contains land which has been subdivided for single-family residential purposes and associated uses as well as larger parcels of property which lend themselves to two-family duplex dwellings. This district is at moderate density. It may be utilized as a transitional zone between low density and other residential uses and for large parcels of land.
5.16
Permitted uses.
Duplex-dwelling units. |
Single-family dwellings. |
Home occupations. |
5.18
Area requirements.
Refer to Table A at the end of this section.
5.19
Parking requirements.
Refer to section 7.
5.20
Sign regulations.
Refer to section 8.
5.21
District R-3: Multiple-Family Residential.
5.22
This district contains land used for a variety of housing types, primarily multiple-family dwellings. This district is designed to provide the widest range of housing types as well as highest density in the community.
5.23
Permitted uses.
Single-family dwellings, built under the zoning restrictions of District R-1. |
Duplex-dwelling units, built under the zoning restrictions of District R-2. |
Apartment buildings. |
Townhouse dwelling units, built under the zoning restrictions of District R-4. |
Convalescent homes. |
Dormitories. |
Home occupations. |
Parking lots for operating vehicles. |
Rooming houses. |
Rooming and boarding houses. |
Boarding houses. |
Fraternity or Sorority houses. |
5.25
Area requirements.
Refer to Table A at the end of this section.
5.26
Parking requirements.
Refer to section 7.
5.27
Sign regulations.
Refer to section 8.
5.28
District R-4: Townhouse, Rowhouse Residential.
5.29
Purpose.
This district contains land which is to be used for a unique type of dwelling, which is designed for individual ownership or ownership in group for rental purposes.
5.30
Permitted uses.
Single-family dwellings, built under the zoning restrictions of District R-1. |
Duplex-dwelling units, built under the zoning restrictions of District R-2. |
Townhouses or rowhouses and parking lots. |
Home occupations. |
5.32
Area requirements.
Refer to Table A at the end of this section.
5.33
Parking requirements.
Refer to section 7.
5.34
Sign regulations.
Refer to section 8.
5.34.1
District MR-1: Manufactured Home Residential.
5.34.1.1
Purpose.
This district shall contain land used for manufactured homes which shall be single-family residential and will contain manufactured homes which are not located in mobile home parks.
5.34.1.2
District boundaries.
The City of Schulenburg manufactured home district referred to in section 5.34.1 shall be within the boundaries as set out herein:
BEGINNING at a point on the South city limit line along the West side of Highway 77 and North to August Street; |
THENCE along the West side of Lyons Avenue to Kallus Street; |
THENCE West on Kallus Street to Upton Avenue; |
THENCE North on Upton Avenue to the alley between South Street and Black Street; |
THENCE West along the alley to Hillje Avenue; |
THENCE South on Hillje Avenue to Kallus Street; |
THENCE West on Kallus Street to James Avenue; |
THENCE North on James Avenue to Baumgarten Street; |
THENCE West on Baumgarten Street to Williams Avenue; |
THENCE North on Williams Avenue to Babylon Lane; |
THENCE West on Babylon Lane to the West city limit line; |
THENCE South along the West city limit line to a point where the West city limit line turns East; |
THENCE along the South city limit line to the point of beginning. |
5.34.1.3
Permitted uses.
Single-family dwellings, built under the zoning restrictions of District R-1. |
Duplex-dwelling units, built under the zoning restrictions of District R-2. |
Apartment buildings. |
Townhouse dwelling units, built under the zoning restrictions of District R-4. |
Convalescent homes. |
Dormitories. |
Home occupations. |
Parking lots for operating vehicles. |
Rooming houses. |
Rooming and boarding houses. |
Boarding houses. |
Fraternity or sorority houses. |
Manufactured homes used as single-family dwellings. |
5.34.1.5
Area requirements.
Min. lot area - Gross: 6,000 square feet. |
Min. lot area/D.U.: 6,000 square feet. |
Min. lot width: 60 feet. |
Min. lot depth: 100 feet. |
Min. front setback: 25 feet. |
Min. side setback: 6 feet. |
Min. ex. setback: 15 feet. |
Min. rear setback: 25 feet. |
Maximum height: 35 feet. |
Maximum D.U./acre: 6.0. |
5.34.1.6
Parking requirements.
Refer to Section 7.
5.34.1.7
Sign regulations.
Refer to Section 8.
5.35
District R- 5: Manufactured Home and Alternative Housing.
5.36
Purpose. This district contains land which is located, designed, and is to be operated as a site for single-family residences consisting of Manufactured Homes and Alternative Housing.
5.37
Permitted uses. Residential single-family occupancy of Manufactured Homes, Manufactured Home Parks, Single-Family residential according to the R-1 District requirements, single-family Modular Homes, single-family residential occupancy of Alternative Housing and Alternative Housing Parks or Communities.
5.38
Boundaries. The boundaries of District R-5 shall be depicted on the official zoning map of the City of Schulenburg, as amended from time-to-time.
5.39
Minimum Design Standards. Refer to "Section 5-36.7" [sic] and "Section 5-41.1 through Section 5-41.9."
5.40
Parking. For each Manufactured Home there shall be two (2) off-street parking spaces provided. For Alternative Housing there shall be one (1) off-street parking space for every 600 square feet, or portion thereof above 600 square feet of living space, not to exceed a total of two (2) off-street parking spaces.
5.41
Sign regulations. Refer to Section 8.
5.41.1
Alternative Housing.
(a)
Applicability. The regulations in this section apply to single-family Alternative Housing.
(b)
Prohibition. Except as provided in subsection (f), no Alternative Housing shall be permitted in any zoning district of the City, except for the R-5 zoning district.
(c)
Permitted Locations. Alternative Housing may be located on a designated lot or space in the R-5 District or within an Alternate Housing Park located in the R-5 District.
(d)
Nonconforming Alternative Housing. Any Alternative Housing lying within the city limits and which was legally placed within such location prior to the adoption date of this Ordinance, but outside of the R-5 District, is considered to be a nonconforming structure and use.
(e)
One Residence. No more than one Alternative Housing Unit may be installed on any parcel, lot or Alternative Housing Park space unless within an Alternative Housing Community. No Alternative Housing Unit or structure may be installed on a lot or space with an existing residential structure. Alternative Housing shall not be used as an Accessory building or an Accessory Residential Unit.
(f)
Alternative Housing located on trailers, platforms and/or affixed with wheels. Alternative Housing that is mobile and/or located on wheels, whether anchored to the ground or not, shall be considered a Recreational Vehicle and may not be used as a single-family residence and may not be connected to city utilities. Such Recreational vehicle types on a residential lot shall be regulated as other RVs and may be located only within RV Parks.
(g)
Permits required. No Alternative Housing may be transported to, placed or installed on any lot or space in the City of Schulenburg unless a building permit has been issued. A building permit may not be issued unless and until any required license or conditional use permit for the location has been applied for and granted as provided in this Code.
5.41.2
Building Permits: Alternative Housing.
(a)
Applicability. This Section applies to the placement, installation or location of any Alternative Housing intended for use as a residence whether such structure is located on a city lot or in a Alternative Housing Park or Community.
(b)
Responsibility. Permits required in this section shall be obtained by the owner of the real property upon which the Alternative Housing unit is to be placed whether such unit is a rental property or is to be occupied by the owner. Unless the Alternative Housing unit is being placed in an Alternative Housing Park or Community approved by the City according to a condo-regime, the Alternative Housing unit may only be placed on a legally platted lot.
(c)
Authority and Limitations. The City has adopted building codes and regulations providing for review and inspections of newly built, installed, remodeled or repaired structures pertinent to the location of lots, the suitability of lots for the intended purpose, setbacks, habitability, and utility connections and service requirements. A building permit under this section is not intended to replace or supersede the regulatory requirements associated with the platting or subdivision of land as set out elsewhere in the City Code of Ordinances. No Alternative Housing shall be eligible for a building permit unless and until all subdivision and associated development regulations have been approved by the City.
(d)
Purpose. Because of the nature of the use and its possible adverse impact on neighboring properties, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.
(e)
Building Permit Procedures.
(1)
The City Administrator or designee may grant, deny, or conditionally approve building permits for installation of Alternative Housing.
(2)
Application. Proving that subdivision or associated development regulations have been met, any person proposing to apply for a building permit under this Section shall file an application accompanied by a site plan. The site plan may be a sketch or drawing on one or more pages, generally to scale, with distances marked, and is not required to be prepared by an engineer. The site plan, along with the application, will become a part of the building permit, if approved. The site plan shall contain the following information:
(A)
The proposed use, size, and characteristics of the Alternative Housing.
(B)
Boundaries of the lot, the proposed location within the property, and the names of public streets abutting the property;
(C)
The proposed location of the structure or improvement for which a permit is required and any existing buildings or improvements on the lot, including required setbacks and clearances. Structures or buildings on adjacent lots or spaces if they are within ten (10) feet of the property line;
(D)
The location of easements or drainageways on the property;
(E)
The location of existing or proposed fences.
(F)
A copy of the approved subdivision or development plat and showing the lot upon which the Alternative Housing will be placed, or if within an Alternative Housing Park or Community, the location, lot, or space within the Park or Community upon which the Alternative Housing Unit will be placed.
(3)
Permit Fee. The application shall be accompanied by fees as set out in the City's schedule of fees of the City of Schulenburg.
(4)
Issuance of Permit. The City Administrator or designee shall authorize a building permit for an Alternative Housing Unit after the receipt of a completed application and the required fee, provided that all applicable City regulations have been met which includes drawing submittals such as floor plan, mechanical, electrical and plumbing diagrams. A building permit to install an Alternative Housing unit for use as a dwelling shall be issued within forty-five (45) days, unless the City Administrator or designee denies the application and states the reason for the denial in writing no later than the 45th day after the application is received by the City, or notifies the applicant that additional time is needed due to unique factors associated with the application, identifies such factors, and informs the applicant of the steps necessary to resolve the same.
(5)
Certificate of Occupancy ("CO"). Occupancy of the Alternative Housing shall be prohibited until such time that the City issues a Certificate of Occupancy for the Alternative Housing Unit in accordance with the requirements set out elsewhere in the Code of Ordinances.
(6)
Posting and Inspections. The Building Permit shall be posted on the site for the duration of the project and the owner shall arrange for all required City inspections prior to hookup or activation of any utility services. The owner must still apply for all utility services in accordance with other City ordinances.
(7)
Appeal. Any person whose building permit application is denied by the City Administrator may, not later than thirty days after written denial is received by the applicant, appeal the City Administrator's decision to the Planning and Zoning Commission. Such appeal must be in writing.
5.41.3
Design Standards for Alternative Housing Units.
(a)
Alternative Housing Units shall meet the following requirements:
(1)
Comply with the minimum standards for fitness for human habitation and in particular include a kitchen sink, bathroom, adequate supply of both hot and cold water, the capability of heating and cooling the unit, and ventilation;
(2)
A minimum of 300 square feet of indoor living space and a maximum of 1,200 square feet including any outdoor or screened porches;
(3)
The floor area of all rooms aside from the kitchen and bathroom must be 70 square feet or more;
(4)
The living area's floor area must be a minimum of 120 square feet;
(5)
Bathrooms, habitable rooms, hallways, and corridor ceilings must be 7 feet high and above;
(6)
Must have a toilet, water closet, tub or shower and all water shall be supplied through an approved pipe distribution system connected to an approved water supply;
(7)
Be located and affixed to a permanent foundation and meet city building code requirements;
(8)
Have at least one window or skylight in each habitable room that can be easily opened and which meets or exceeds the building code requirement for egress standards;
(9)
The Alternative Housing Unit, including any additional impervious cover may not occupy more than 50% of the lot or space proposed for the placement of the Alternative Housing Unit;
(10)
Alternative Housing Units shall require Building Permits and inspections for compliance with these regulations and the City's adopted codes.
(b)
Minimum lot sizes and setbacks shall meet the following:
(1)
Lot sizes shall have a minimum of 1,400 square feet and a width of a least forty (40) feet; and
(2)
Minimum front yard setback of twenty (20) feet, side yard setback of at least ten (10) feet on each sides (fifteen feet (15) feet if a side yard is adjacent to a street), and a rear yard setback of ten (10) feet.
(c)
Amendments, changes or expansions of an Alternative Housing Park or Community shall be processed with the City in the same manner as the original approval of same and it shall be unlawful to expand or alter the Park or Community without an amendment to the Concept Plan approved in advance by the City.
5.41.4
Alternative Housing Parks and Communities.
(a)
An Alternative Housing Park or Community must meet or exceed the requirements for Alternative Housing Units set out above, the standards set out herein, and is considered for approval pursuant a conditional use permit according to the requirements and procedures set out elsewhere in this Ordinance. A conditional use permit is required before the property being developed is eligible for subdivision or condo regime approval and before any Alternative Housing Units are located on the property.
(b)
Maximum Area of Development. The maximum area for an Alternative Housing Park or Community development is twenty (20) acres and the minimum area of development is five (5) acres and shall be developed in accordance with the following:
(1)
Concept Plan. An Alternative Housing Park or Community shall be planned cohesively through a Concept Plan that depicts the apportionments of lots/units (depending on whether it's a Park or Community), vehicle circulation, common amenities, open space, and supporting facilities. The Concept Plan will be submitted for approval in conjunction with the submission of a Conditional Use permit application.
(2)
Conformance. Lots in the Alternative Housing development can be individually owned or rented (Park) and managed by a Property Owner Association or be composed of a single lot or tract created in a condominium form for ownership of individual Alternative Housing Units, or be composed of a single lot or tract and set up for rental of Alternative Housing Units (Community) through a Management Company or Operator licensed by the City. Irrespective of ownership, the development of each Park or Community shall comply with the specifications set out herein, and all other zoning, subdivision, building codes and other development-related regulations which apply to all new development or redevelopment. Amendments or expansions of a Park or Community shall require an amendment to the Concept Plan and the Conditional Use Permit which shall be applied for, processed and considered for approval in the same manner as was the original application for the Conditional Use Permit.
(3)
Management and Maintenance of Alternative Housing Parks and Communities. Alternative Housing Parks and Communities shall include community service buildings that provide direct servicing of its operation, management and maintenance to provide for the needs of the Park or Community. These facilities may include sanitary facilities, storage buildings, or management offices. Such community facilities and service buildings shall be represented on the Concept Plan.
(4)
Common Area Amenities. Common area amenities for the benefit and enjoyment of the residents shall be required in a Park or Community of Alternative Housing Units based on the number of individual Alternative Housing Units allotted per the Concept Plan. The location and type of amenity shall be shown on the Concept Plan. The type and number of amenities required are established in the Table below.
Number of Units | Common Area Amenities Quantity* |
|---|---|
0 — 12 | 1 |
13 — 35 | 2 |
36 — 50 | 3 |
51 — 75 | 4 |
76 — 200 | 5 |
201 or more | 6 |
* | Types of Amenities |
After School Care |
Club House |
Community Garden |
Private fitness Center min 200 feet |
Playground and Commercial grade Equipment |
Fenced swimming pool/or unfenced splash pad |
Sport court 2000 square feet min |
Fenced Dog Park |
Off-street walking path or trail |
Direct access to a City Park |
Landscaped Sitting Area min 200 square feet |
Picnic area with min 2 grills and 2 picnic tables |
Laundry |
(5)
Utilities. All Alternative Housing Units shall be served with potable water, sanitary sewer, and electrical power, which shall be designed and installed in accordance with the City Code of Ordinances for extension and connection of utilities.
(6)
Solid Waste Disposal. The Alternative Housing Park or Community shall provide for the collection and disposal of solid waste in the form of either individual or centralized solid waste collection. Solid waste disposal shall conform to the requirements established by the City.
(7)
Minimum Lot Sizes and Setbacks (Park). The minimum lots sizes for a Park shall be those lots sizes and set backs set out in Section 5-41.3(b).
(8)
Minimum spacing (Community). Community developments of Alternative Housing shall provide a minimum of fourteen hundred (1,400) square feet of space per Alternative Housing Unit with a maximum of 15 units per acre. No unit shall be closer than twenty (20) feet from another Alternative Housing Unit including awnings, porches, decks, steps, A/C facilities or other extensions.
5.41.5
Operator's license for Community Alternative Housing.
It shall be unlawful for any person to operate or maintain an Alternative Housing Community within the city limits of Schulenburg unless such person has a valid operator's license issued by the City of Schulenburg. Operators' licenses shall be issued to an owner/operator, or to a manager for an owner.
(a)
Application for an operator's license shall be made to the building official after all development permits and all building permits and certificates of occupancy have been issued.
(b)
All Operator's Licenses expire on December 31st of each year. An application for renewal of license shall be submitted to the building official with a fee in the amount specified in the City's fee schedule on or before December 1 of each year. Such application shall show any changes to the information submitted in the original application or previous renewal. Failure to apply to renew an operator's license by January 15th shall result in the doubling of the fee for renewal. Failure to renew the operator license by February 1 shall result in a hearing being set to consider whether to suspend the operation of the Alternative Residential Housing Community.
(c)
Initial Application. Application for an Operator's license shall be submitted in writing on forms provided by the city and shall include:
(1)
Name, address, and phone number of Applicant.
(2)
Name, address, and phone number of owner, if different.
(3)
Name, address, and phone number of the park manager if different than the owner.
(4)
Copy of valid certificates of occupancy if applicable.
(5)
Address and legal description of park site.
(6)
A copy of the approved Concept Plan.
(d)
Transfer of license. Any owner/operator who sells, transfers, gives away or otherwise relinquishes control of an Alternative Housing Community shall notify the building official, in writing, and such notice shall be accompanied by an amended application for operator's permit. There shall be no fee for such transfer provided that the application is received within 30 days of transfer of control. If a manager employed by the owner is replaced and no other change occurs, the building official shall be notified of such change in writing signed by the owner and the new manager.
5.41.6
Responsibilities of Community Owner, Operator, or Park POA.
(a)
The Community owner/operator or Park POA or their agents, as applicable, shall operate the Park or Community in compliance with this Chapter and all other applicable ordinances and shall provide adequate supervision to maintain the Park or Community and the facilities and equipment, common space and amenities in good repair and in a clean and sanitary condition.
(b)
The licensee, POA, or their agent shall notify all Park or Community occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities under this Chapter, especially the requirement for obtaining a permit from the City prior to the placement of any Alternative Housing Unit within the Park or Community as applicable.
(c)
The licensee, POA, or their agent shall maintain a register of Park/Community occupancy which shall contain the names and addresses of park or community residents, location of each Alternative Housing Unit within the Park/Community by space or lot number, date of arrival, and, when applicable, the date of departure with a forwarding address, as applicable.
5.41.7
Replacement of Alternative Housing within Community or Park.
(a)
Replacement of an Alternative Housing Unit in a Park or Community may only be allowed if the replacement Alternative Housing Unit receives a building permit and a Certificate of Occupancy as was required for the original Alternative Housing Unit.
(b)
An Alternative Housing Unit destroyed by fire or other natural disaster shall obtain a building permit and Certificate of Occupancy from the City in the same manner as the Alternative Housing Unit that was destroyed, but no permit fees from the City shall be required.
5.41.8
Inspections.
(a)
The City Administrator or designee is authorized and directed to make such inspections as are necessary to enforce the provisions of this chapter.
(b)
The City Administrator or designee shall have the power to enter at reasonable times upon any private or public property to inspect and investigate conditions relating to this chapter.
(c)
The City Administrator or designee may, in the performance of his/her inspection duties, review the register of the residents of the Alternative Housing Community or Park.
(d)
The owner, operator or POA, as applicable, shall allow access to the Park or Community by the City Administrator or designee at all reasonable times to carry out required duties, as applicable.
5.41.9
Abandonment of Alternative Housing Unit, Park or Community.
(a)
Notice. Prior to the abandonment of an Alternative Housing Unit, Park or Community, proper notice must be given to the City Administrator or designee to facilitate the proper removal of utility connections.
(b)
Abandoned utility connections. All abandoned utility connections shall be secured in a manner which will protect the City's utility system and the public health, safety, and welfare. The owner or occupant of the Alternative Housing Unit, Park or Community, as applicable or the owner, operator or POA of same shall have the secured, abandoned utility connections inspected by the City. Refund of municipal utility deposits shall be contingent upon passing such inspection, subject to any other City ordinances affecting refund of utility deposits. All costs for securing abandoned utility connections shall be paid by the owner of the Alternative Housing Unit, the POA, or the owner or licensee of the Community as applicable.
5.42
District C-1: Neighborhood Business.
5.43
Purpose.
This district contains land which may be appropriately used to provide, in residential neighborhoods, restricted convenience goods and personal service business. The area of this type of zone is restricted to not more than five (5) acres with no loud noises and no garish display.
5.44
Permitted uses.
Special restriction: All business or display to be within a completely enclosed building, except for parking and loading areas. |
Alcoholic beverage sales, restricted to off-premises consumption. |
Antique shop. |
Apartments, built under the restrictions of District R-3. |
Art studio or gallery. |
Business, music, dance, or commercial schools. |
Book and stationery stores. |
Cafe, restaurant, or cafeteria. |
Cleaner (automated or pickup station). |
Clinic. |
Clothing store, retail. |
Drugstore. |
Dwelling unit, as part of business building, for operator. |
Electric appliance shop and repair. |
Financial institutions. |
Frozen food lockers (no slaughtering or stripping). |
Florist shop, retail. |
Offices, professional or service. |
Pet shop. |
Photographer’s studio. |
Public parking lot for operating vehicles. |
Radio, television or electronics sales and service. |
Retail food store. |
Shoe sales and repair. |
Tailor and dressmaking shop. |
Variety store. |
Other personal service shops. |
5.46
Area requirements.
Refer to Table A at the end of this section.
5.47
Parking requirements.
Refer to section 7.
5.48
Sign regulations.
Refer to section 8.
5.49
District C-2: General Commercial.
5.50
Purpose.
This district is designed to provide a location for general commercial, retail uses which serve the entire community and its visitors.
5.51
Permitted uses.
All in C-1, plus the following:
Apartment dwelling units, built under restrictions of District R-3. |
Alcoholic beverage sales, retail and wholesale. |
Apartment hotel. |
Arena-coliseum. |
Automobile sales and rental. |
Automobile repair shop. |
Bank. |
Bookstore, retail and wholesale. |
Bowling alley. |
Carwash. |
Cleaner, dry and pressing plant, laundry and/or linen supply. |
Cold storage plant. |
Commercial amusements. |
Domestic household equipment rental, storage. |
Dormitories. |
Drive-in sales. |
Drive-in eating establishment. |
Filling station, retail. |
Furniture, appliance store, sales, service. |
Garage, commercial. |
Hardware store. |
Hospital, sanitarium, nursing home or convalescent home. |
Hotel. |
Marine and fishing equipment sales. |
Mobile home sales, storage. |
Motel. |
Nursery plant sales. |
Parking building or lot, commercial, for operating vehicles. |
Printing and reproduction. |
Private lodges, fraternal. |
Radio or TV stations or studios (no towers). |
Retail sales and services. |
Shopping center. |
Storage garage. |
Theaters and motion picture houses. |
Tire shop, no vulcanizing or retreading. |
Trailer and/or accessory equipment sales, rental or storage. |
Warehouses. |
Other uses will be considered by the commission. |
5.53
Area requirements.
Refer to Table A at the end of this section.
5.54
Parking requirements.
Refer to section 7.
5.55
Sign regulations.
Refer to section 8.
5.56
District M-1: Light Industrial.
5.57
Purpose.
This district is designed to provide locations for outlets offering goods and services to a limited segment of the general public. The uses included primarily serve other commercial and industrial enterprises.
5.58
Permitted uses.
All in C-1 and C-2 excluding all residential uses, plus the following:
Alcoholic beverage sales, wholesale. |
Automotive and trailer repair. |
Boarding kennels (public). |
Carting, crating, express storage. |
Farm implement sales (new or used), storage, repair. |
Garden (including greenhouse), for commercial purposes. |
General merchandise warehouse. |
Hardware (industrial sales). |
Monument sales. |
Machine shop. |
Sheetmetal fabrication shop. |
Sign shop (painting, manufacturing). |
Trailer and/or accessory equipment sales, rental, storage. |
Welding shop. |
Wholesales and service. |
Other uses will be considered by the commission. |
5.60
Area requirements.
Refer to Table A at the end of this section.
5.61
Parking requirements.
Refer to section 7.
5.62
Sign regulations.
Refer to section 8.
5.63
District M-2: Planned Industrial.
5.63.1
Purpose.
This district contains land designed to attract high performance industries, with properly proportioned and landscaped open space, controlled design of plant exteriors and screening of loading and storage facilities, with a minimum of fifteen (15) percent of the area landscaped. Paved sidewalks, driveways and parking areas are required.
5.64
Permitted uses.
Research and development. |
Laboratories. |
Instrument and component manufacturing. |
Apparel manufacturing. |
Rubber and plastics product manufacturing. |
Transportation component manufacturing. |
Printing and allied products. |
Electrical machine manufacturing. |
Electric and electronic assembly. |
Fabricated metal products manufacturing. |
Office equipment and supplies manufacturing. |
Offices. |
Warehousing. |
Other uses will be considered by the commission. |
5.66
Area requirements.
Refer to Table A at the end of this section.
5.67
Parking requirements.
Refer to section 7.
5.68
Sign regulations.
Refer to section 8.
5.69
District M: Heavy Industrial.
5.70
Purpose.
This district is designed to provide land areas for manufacturing and industrial activities whose generation of nuisance characteristics is ordinarily greater than those industries permitted in the M-1 and M-2 Districts. The M-3 District regulations are designed to attract and encourage such industries, subject to the minimum regulations necessary for the mutual protection of the permitted uses and the public.
5.71
Permitted uses.
All uses permitted in M-1 and M-2 Districts, plus the following:
Aircraft landing strip, sales, service, rental or repair. |
Broadcasting towers for radio or TV. |
Concrete products manufacturing. |
Food processing plants. |
Lumber and building material sales and storage. |
Machine shops. |
Salvage or junk yards (for pipe, sheetmetal, automobiles, lumber, etc., when visually screened on front, rear, and all sides with a solid six-foot-high fence). |
Storage tanks (for liquid petroleum, gas, and explosives). |
Tire shop, including vulcanizing and retreading. |
Warehousing. |
5.73
Area requirements.
Refer to Table A at the end of this section.
5.74
Parking requirements.
Refer to section 7.
5.75
Sign regulations.
Refer to section 8.
5.76
District PUD: Planned Unit Development.
5.77
Purpose.
The purpose of this district is to permit such flexibility and to provide performance criteria which can result in planned developments which produce:
5.78
A maximum choice in the type of environment and living units available to the public;
5.79
Open space and recreation areas;
5.80
A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion;
5.81
A creative approach to the use of land and related physical development;
5.82
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;
5.83
An environment of stable character in harmony with surrounding development;
5.84
A more desirable environment than would be possible through strict application of other sections or districts in this ordinance.
The planned unit development district is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such developments may consist of individual lots or may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with the surrounding development.
In a planned unit development, if maximum building heights, minimum lot sizes, setback lines, lot widths or lot depths are to be different from established standards for the respective land uses, approval for such deviation must be acquired from the planning commission. No structure shall be more than two hundred forty (240) feet in length, and there shall be a minimum of fifteen (15) feet between structures. The limit of two hundred forty (240) feet in length will be waived if the structure is completely equipped with an automatic sprinkler system conforming to the standards of the National Fire Protection Association for the Installation of Sprinkler Systems. No structure shall be constructed within fifteen (15) feet of the exterior property lines of the development.
5.85
Location.
The planned unit development may be established in any residential district. No structure shall be constructed in a delineated floodplain. A structure is defined as anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
5.86
Submission procedure.
The city engineer or building official shall, subject to the approval of the commission, establish and publish the procedure for submission and review of proposals for planned unit development.
The initial submission to the commission shall consist of a request for zone change, a preliminary subdivision plat, and a preliminary development plan. If these are approved by the commission, they will be sent forward to the city council with a recommendation for approval of the zone change request under the condition that the final plat and final development plan with all related information shall be presented to the council, through the commission, within one (1) year from the date of approval of the zone change request; otherwise, the zoning shall revert to that prior to the request. This period of one (1) year may be extended for an additional period of twelve (12) months on presentation and approval of information acceptable to the commission and the city council that extenuating circumstances, beyond the control of the developer, have prevented compliance within the original period of one (1) year.
5.87
Subdivision plat.
The subdivision plat shall be as required by the subdivision regulations, except that consideration will be given to meritorious modification of the geometric standards of streets other than principal streets.
5.88
Development plans.
The developer shall present plans, reports and related information in sufficient detail to enable the commission to evaluate the proposed development in accordance with the provisions of this section. The commission shall investigate and ascertain that the plans for the planned unit development meet the following conditions:
5.89
That the tract of land for the project comprises not less than five (5) acres. It may be owned, leased or controlled either by a single person, a group of individuals, or a corporation;
5.90
That the standards for the maximum floor space permitted and for minimum recreational space, outdoor living space, open space and parking space requirements are related to a land use intensity rating (LUI). The land use intensity (LUI) for a planned unit development shall relate to the zoning districts. The relationship between ratings and standards are established and are as follows:
PUD District | |||
|---|---|---|---|
1 | 2 | 3 | |
Land use intensity | 3.7 | 4.5 | 5.8 |
Minimum average dwelling unit size (city requirements) | 1,000 sq. ft. | 800 sq. ft. | 600 sq. ft. |
Maximum # of D.U./acre (city requirements) | 7.08 | 15.4 | 50.6 |
Maximum floor area ratio (FAR) (total floor area/total land area) | .162 | .283 | .696 |
Minimum open space ratio (OSR) (open space/floor area) | 4.8 | 2.6 | 1.0 |
Minimum livability space ratio (LSR) (nonvehicular outdoor space/floor area) | 3.3 | 1.7 | .57 |
Minimum recreation space ratio (RSR) (recreation space/floor area) | .20 | .15 | .10 |
Minimum occupant car ratio (OCR) (parking spaces/dwelling unit) | 1.6 | 1.2 | .84 |
Minimum total car ratio (TCR) (parking spaces/dwelling unit) | 1.8 | 2.0 | 2.0 |
Definitions:
Floor area ratio (FAR) is maximum square footage of total floor area permitted for each square foot of land area.
Example: Floor Area Ratio (FAR) = 1.0
 |
Open space ratio (OSR) is minimum square footage of open space required for each square foot of floor area.
Livability space ratio (LSR) is minimum square footage of nonvehicular outdoor space required for each square foot of floor area.
Recreational space ratio (RSR) is minimum square footage of recreation space required for each square foot of floor area.
Total car ratio (TCR) is minimum number of parking spaces required for each living unit.
Occupant car ratio (OCR) is minimum number of parking spaces without parking time limits required for each living unit.
5.91
That the buildings are to be used for residential purposes except:
5.92
Where the development contains one hundred (100) or more dwelling units, two thousand four hundred (2,400) square feet of floor area for every one hundred (100) dwelling units may be limited business use as permitted in the neighborhood business district. As deemed necessary by the planning and zoning commission, this business area may be in a separate building or incorporated with a two-family or multifamily structure.
5.93
Where the development contains five hundred (500) or more dwelling units, one (1) acre of land for each one hundred (100) dwelling units may be used for commercial purposes. Only uses permitted in District C-2 general commercial may be included.
5.94
Where customary accessory or associated uses, such as residential garages, storage buildings, recreational facilities, community facilities, churches, and schools are to be built as part of the development.
5.95
That the proposed project will constitute an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood.
5.96
That the project is in conformity with the policies and goals of the comprehensive plan for development of the city, and will be consistent with the intent and purpose of this section.
5.97
That the property adjacent to the proposed development will not be adversely affected.
5.98
That every structure containing dwelling units have access to a public street directly or via a court, walkway or other area dedicated to the public or owned and maintained by a homes association, but need not front on a street.
5.99
That provisions for the parking of motor vehicles in nonresidential areas are as established in section 7 of this ordinance.
5.100
Stage construction.
Stage construction will be considered if the initial stage is five (5) acres or more in area, and each succeeding stage is at least five (5) acres or the balance of the tract. The preliminary development plan and the preliminary subdivision plat shall show all of the development stages and the approximate boundaries of each stage. The final subdivision plat and final development plans for each succeeding stage shall be submitted at not more than one (1) year intervals.
The common areas and facilities for each development stage must be planned so that each homeowner in the original planned unit and in each additional stage will have an approximately equal financial stake in the homes association’s common facilities and about equal benefit from them.
5.101
Utilities.
The method of providing streets and utilities shall be in accordance with the requirements of the subdivision regulation ordinance, except for the variance as provided for private streets in subsection 5.87 above.
5.102
Signs.
Signs shall be regulated in each land use as established in respective subsections of section 8.
5.103
Homes association.
A homes association will be required if other satisfactory arrangements have not been made for providing, operating and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas. The incorporation of the homes association must provide for the following:
a.
Establish automatic membership in a nonprofit homes association of all lot owners in the PUD;
b.
Place title to the common property in the homes association or give definite assurance that it automatically will be so placed within a reasonable, definite time;
c.
Appropriately limit the uses of common property;
d.
Give each lot owner the right to the use and enjoyment of the common property;
e.
Place responsibility with the homes association for: maintenance and operation of the common property; administration or architectural controls; enforcement of covenants; and maintenance of all or part of the exterior improvements of individual properties;
f.
Place an association charge on each lot in a manner which will assure sufficient association funds, and provide adequate safeguards for the lot owners against undesirably high charges;
g.
Provide that a lien shall be placed upon property of which homes association charges are delinquent;
h.
Give each lot owner voting rights in the association.
The homes association incorporation must meet with the approval of the city attorney and be filed for record with the Fayette County Clerk. |
5.104
Relation of other city ordinances and codes.
The provisions of the housing code, building code, fire prevention code, plumbing code and electrical code, among other codes and ordinances, are specifically mentioned as applicable to District PUD (planned unit development). A building permit for a structure in a planned unit development shall be issued only after the plans for the development have been approved by the commission. All structures in a planned unit development shall be constructed as shown on the approved plans.
DISTRICT USE SCHEDULE TABLE A | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
District | Min. Lot Area - Gross | Min. Lot Area/D.U. | Min. Lot Width | Min. Lot Depth | Min. Front Setback | Min. Side Setback | Min. Ex. Setback | Min. Rear Setback | Max. Height | Max. D.U./Acre |
A-O Agriculture Open | 5 acres | 5 acres | 50 feet | 20 feet | 15 feet | 35 feet | ||||
R-1 Single-Family | 6,000 sq. ft. | 6,000 sq. ft. | 60 feet | 100 feet | 25 feet | “D” 6 feet | 15 feet | 25 feet | 2.5 story or 35 ft. | 6.0 |
R-2 Two-Family | 6,000 sq. ft. | 3,000 sq. ft. | 60 feet | 100 feet | 25 feet | “D” 6 feet | 15 feet | 25 feet | 2.5 story or 35 ft. | 10.0 |
R-3 Multiple-Family | 25 feet | “A” “B” | 15 feet | 20 feet | 45 feet | 43.0 | ||||
R-4 Townhouse Rowhouse | 2,000 sq. ft. | 2,000 sq. ft. | 20 feet | 100 feet | 25 feet | “A” “B” | 15 feet | 25 feet | 35 feet | 20.0 |
MH-1 Manufactured Home Residential | SEE SECTION 5.34.1 FOR ALL REQUIREMENTS | |||||||||
R-5 Mobile Home | SEE MOBILE HOME PARK ORDINANCE [article 3.06 of the Code of Ordinances] | |||||||||
C-1 Neighborhood Business | 2,400 sq. ft. | “C” | 24 feet | 100 feet | 25 feet | “A” | “B” | 15 feet | 25 feet | 35 feet |
C-2 General Commercial | 2,400 sq. ft. | “C” | 24 feet | 100 feet | 25 feet | “A” “B” | 15 feet | 20 feet | ||
M-1 Light Industrial | 100 feet | 25 feet | “A” “B” | 15 feet | 20 feet | |||||
M-2 Planned Industrial | 80,000 sq. ft. | 200 feet | 400 feet | 50 feet | “A” “B” | 25 feet | 20 feet | |||
M-3 Heavy Industrial | 25 feet | “A” “B” | 15 feet | |||||||
PUD Planned Unit Development | SEE SECTION 5.76 FOR ALL REQUIREMENTS | |||||||||
DISTRICT USE SCHEDULE TABLE A | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
District | Min. Lot Area - Gross | Min. Lot Area/D.U. | Min. Lot Width | Min. Lot Depth | Min. Front Setback | Min. Side Setback | Min. Ex. Setback | Min. Rear Setback | Max. Height | Max. D.U./Acre |
A-O Agriculture Open | 5 acres | 5 acres | 50 feet | 20 feet | 15 feet | 35 feet | ||||
R-1 Single-Family | 6,000 sq. ft. | 6,000 sq. ft. | 60 feet | 100 feet | 25 feet | “D” 6 feet | 15 feet | 25 feet | 2.5 story or 35 ft. | 6.0 |
R-2 Two-Family | 6,000 sq. ft. | 3,000 sq. ft. | 60 feet | 100 feet | 25 feet | “D” 6 feet | 15 feet | 25 feet | 2.5 story or 35 ft. | 10.0 |
R-3 Multiple-Family | 25 feet | “A” “B” | 15 feet | 20 feet | 45 feet | 43.0 | ||||
R-4 Townhouse Rowhouse | 2,000 sq. ft. | 2,000 sq. ft. | 20 feet | 100 feet | 25 feet | “A” “B” | 15 feet | 25 feet | 35 feet | 20.0 |
MH-1 Manufactured Home Residential | SEE SECTION 5.34.1 FOR ALL REQUIREMENTS | |||||||||
R-5 Mobile Home | SEE MOBILE HOME PARK ORDINANCE [article 3.06 of the Code of Ordinances] | |||||||||
C-1 Neighborhood Business | 2,400 sq. ft. | “C” | 24 feet | 100 feet | 25 feet | “A” | “B” | 15 feet | 25 feet | 35 feet |
C-2 General Commercial | 2,400 sq. ft. | “C” | 24 feet | 100 feet | 25 feet | “A” “B” | 15 feet | 20 feet | ||
M-1 Light Industrial | 100 feet | 25 feet | “A” “B” | 15 feet | 20 feet | |||||
M-2 Planned Industrial | 80,000 sq. ft. | 200 feet | 400 feet | 50 feet | “A” “B” | 25 feet | 20 feet | |||
M-3 Heavy Industrial | 25 feet | “A” “B” | 15 feet | |||||||
PUD Planned Unit Development | SEE SECTION 5.76 FOR ALL REQUIREMENTS | |||||||||
(Ordinance adopted 6/15/73; Ordinance adopted 5/16/00; Ordinance 05152023 adopted 5/15/2023)