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Scottsbluff City Zoning Code

ARTICLE 3

ZONING DISTRICT PROVISIONS

§ 25-3-1 ESTABLISHMENT OF DISTRICTS.

   In order to carry out the purpose and intent of this chapter, the city and its land outside the city limits over which the city exercises zoning jurisdiction is hereby divided into the following zoning district classifications:
   (A)   R-1 Single-Family;
   (B)   R-1a Single-Family;
   (C)   R-1b Rural Residential Estate District;
   (D)   R-4 Heavy Density Multiple-Family;
   (E)   R-6 Mobile Home;
   (F)   O-P Office and Professional;
   (G)   PBC Planned Business Center;
   (H)   C-1 Central Business District;
   (I)   C-2 Neighborhood Commercial;
   (J)   C-3 Heavy Commercial;
   (K)   M-1 Light Manufacturing and Industrial;
   (L)   M-2 Heavy Manufacturing and Industrial;
   (M)   A Agricultural;
   (N)   AR Agricultural Residential;
   (O)   F Floodplain; and
   (P)   GG-O Gateway Green Overlay.

§ 25-3-2 R-1 SINGLE-FAMILY.

   (A)   Intent. The intent of the R-1 Single-Family District is to:
      (1)   Provide for low density residential areas where the predominant uses are single- family detached houses; and
      (2)   Protect these areas from incompatible uses.
   (B)   Principal permitted uses.
      (1)   Church;
      (2)   Colleges;
      (3)   Community center;
      (4)   Family child care home;
      (5)   Fire station;
      (6)   Home occupations in accordance with Article 8 of this chapter;
      (7)   Municipal uses;
      (8)   Parks (public) including campgrounds;
      (9)   Public utility lines and substations;
      (10)   Rooming/boarding house with no more than two guests;
      (11)   Single-family detached dwelling units;
      (12)   School; and
      (13)   Water wells.
   (C)   Special permit uses.
      (1)   Cemeteries;
      (2)   Cluster housing;
      (3)   College dormitories;
      (4)   Condominium;
      (5)   Hospital;
      (6)   Library;
      (7)   Public utility facilities;
      (8)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (9)   Townhouses (single-family attached) dwelling units;
      (10)   Two-family dwellings;
      (11)   Utility plants;
      (12)   Water storage; and
      (13)   Livestock - Horses and other livestock used solely for non-business recreation of occupier are permissible on lots comprising two acres or more, in the quantity of one animal per each whole acre. Shelters for such animals shall be situated not less than 50 feet from the property line and not less than 50 feet from a residence on another lot or tract.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Lot Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Floor Area Minim um (Sq. Ft.)
Heig ht (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Accessory building
3
2
15
900
1 story
Garage
3
2
15
900
18
Single- family
12,000
100
40
1
A
20
5
15
1,200
35
A   If buildings have been built on lots which comprise more than 25% of the front footage of any block, no building or structure may be built or structurally altered which projects beyond the average front yard setback already established.
   If the only building is one on an adjoining lot, the minimum front yard setback shall be the greater of 25 feet or the setback of such building. If buildings have been built on lots which comprise 25% or less of the front footage of any block, the minimum front yard setback shall be 25 feet.
   No front yard setback shall exceed 50 feet.
 
      (2)   Accessory building; detached.
         (a)   A detached accessory building must be located:
            1.   To the rear of the main building;
            2.   At least ten feet from the main building, or a distance of at least five feet from the main dwelling building if the interior wall of the accessory building adjacent to the main building complies with the International One- and Two-Family Dwelling Code § 309.2, which has been adopted by this code of ordinances, provided a detached accessory building constructed prior to June 26, 1974, to the rear of and at a distance not less than five feet from the main building shall not be deemed to be in violation of this requirement;
            3.   At least three feet from the rear lot line if the lot line is a common lot line abutting a lot, and the entry point from alley shall be no closer than five feet from the property line; and
            4.   At least two feet from the interior side lot line; provided, this requirement shall not apply where the interior side lot lines is over which the main building extends. If the lot abuts a side street, an accessory building must comply with the setback requirements applicable to the lot or tract of land upon which the main building is located. Setbacks shall be measured from the nearest eave of the building or buildings.
         (b)   An existing reversed corner lot, a detached accessory building, or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
         (c)   A detached garage may be located in the side yard if the following requirements are met:
            1.   The garage must meet the performance guidelines in the residential zone;
            2.   The garage must observe the same front yard setbacks required for the main structure;
            3.   Garages shall not be placed over easements; and
            4.   Lot coverage will meet requirements in the zoning district.
(Ord. 3985, passed - -2009; Ord. 4272, passed 1-18-2022)

§ 25-3-3 R-1a SINGLE-FAMILY.

   (A)   Intent. The intent of the R-1a Single-Family District is to:
      (1)   Provide for medium and low density residential areas where the predominant uses are single-family detached and single-family semi-attached dwelling units; and
      (2)   Protect these areas from incompatible uses.
   (B)   Principal permitted uses.
      (1)   Church;
      (2)   Community center;
      (3)   Family child care home;
      (4)   Home occupations;
      (5)   Multi-family units;
      (6)   Municipal uses;
      (7)   Rooming/boarding house with no more than two guests;
      (8)   School;
      (9)   Single-family detached dwelling units;
      (10)   Golf courses;
      (11)   Parks;
      (12)   Fire stations;
      (13)   Public utilities and substations;
      (14)   Two-family dwellings; and
      (15)   Water wells.
   (C)   Special permit uses.
      (1)   Cluster housing;
      (2)   Condominium;
      (3)   Funeral home;
      (4)   Hair salons;
      (5)   Hospital;
      (6)   Library;
      (7)   Lodge or club;
      (8)   Nursery school or day care center;
      (9)   Permanent cosmetic facility;
      (10)   Public utility facilities;
      (11)   Retirement facilities;
      (12)   Rooming or boarding house for not more than six roomers or boarders;
      (13)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (14)   Tourist information booths;
      (15)   Townhouses (single-family attached) dwelling units;
      (16)   Utility plants;
      (17)   Water storage; and
      (18)   Retirement facilities.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Lot Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Floor Area Minim um (Sq. Ft.)
Heig ht (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Lot Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Floor Area Minim um (Sq. Ft.)
Heig ht (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Accessory building
3
2
C
900
1 story
Garage
3
2
C
900
18
Multi- family
7,000
70
50
25
25
5
12.5
400/D U
35
(Minimum 2,500 sq. ft. per dwelling unit)
Single- family
5,500
55
60
1
A
B
5
C
700
35
Two- family
7,000
70
50
2
25
15
5
12.5
600/D U
35
A   Minimum front yard setback to front facing garage shall be 20 feet; to front of dwelling face shall be 12 feet; and to front of porch shall be seven feet. If buildings have been built on lots which comprise more than 25% of the front footage of any block, no building or structure may be built or structurally altered which projects beyond the average front yard setback already established.
   If the only building is one on an adjoining lot, the minimum front yard setback shall be the greater of 20 feet or the setback of such building. If buildings have been built on lots which comprise 25% or less of the front footage of any block, the minimum front yard setback shall be 20 feet.
   No front yard setback shall exceed 50 feet.
B   Minimum rear yard setback to the dwelling shall be 15 feet. Minimum rear yard setback to a deck shall be ten feet.
C   Minimum side yard setback from a side street shall be 12-1/2 feet. Minimum side yard setback from a side street for a side-loading garage shall be 20 feet.
 
      (2)   Accessory building; detached.
         (a)   A detached accessory building must be located:
            1.   To the rear of the main building;
            2.   At least ten feet from the main building, or a distance of at least five feet from the main dwelling building if the interior wall of the accessory building adjacent to the main building complies with the International One- and Two-Family Dwelling Code § 309.2, which has been adopted by this
code of ordinances, provided a detached accessory building constructed prior to June 26, 1974, to the rear of and at a distance not less than five feet from the main building shall not be deemed to be in violation of this requirement;
            3.   At least three feet from the rear lot line if the lot line is a common lot line abutting a lot;
            4.   At least two feet from the interior side lot line; provided, this requirement shall not apply where the interior side lot lines is over which the main building extends. If the lot abuts a side street, an accessory building must comply with the setback requirements applicable to the lot or tract of land upon which the main building is located. Setbacks shall be measured from the nearest eave of the building or buildings; and
            5.   Minimum rear yard setback to a garage with an alley entrance shall be five feet.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
         (c)   A detached garage may be located in the side yard if the following requirements are met:
            1.   The garage must meet the performance guidelines in the residential zone;
            2.   The garage must observe the same front yard setbacks required for the main structure;
            3.   Garages shall not be placed over easements; and
            4.   Lot coverage will meet requirements in the zoning district.
(Ord. 4192, passed - -2016)

§ 25-3-4 R-1b RURAL RESIDENTIAL ESTATE DISTRICT.

   (A)   Intent. The intent of an R-1b Rural Residential Estate District is to:
      (1)   Provide for low density residential areas with larger lot sizes where the predominant uses are single-family detached dwellings; and
      (2)   Protect these areas from incompatible uses.
   (B)   Principle permitted uses.
      (1)   Church;
      (2)   Community center;
      (3)   Crop production and orchards;
      (4)   Family child care home;
      (5)   Home occupations;
      (6)   Irrigation facilities that are incidental to agricultural use on the premises;
      (7)   Municipal uses;
      (8)   Rooming/boarding house with no more than two guests;
      (9)   School; and
      (10)   Single-family detached dwelling units.
   (C)   Special permit uses.
      (1)   Hospital;
      (2)   Library;
      (3)   Livestock horses and other livestock used solely for non-business recreation of occupier are permissible in the quantity of one animal per lot or, if a lot comprises one acre or more, one animal per each whole acre. Shelters for such animals shall be situated not less than 50 feet from the property line and not less than 50 feet from a residence on another lot or tract;
      (4)   Nursery school or day care center;
      (5)   Public utility facilities;
      (6)   Rooming/boarding house with no more than six guests;
      (7)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (8)   Tourist information booth;
      (9)   Utility plants; and
      (10)   Water storage.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Lot Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Floor Area Minim um (Sq. Ft.)
Heig ht (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Accessory building
3
2
15
900
1 story
Garage
3
2
15
900
25
Single- family
3 acres
200
30
1
50
50
20
15
900
35
 
      (2)   Accessory building; detached.
         (a)   A detached accessory building must be located:
            1.   To the rear of the main building;
            2.   At least ten feet from the main building, or a distance of at least five feet from the main dwelling building if the interior wall of the accessory building adjacent to the main building complies with the International One- and Two-Family Dwelling Code § 309.2, which has been adopted by this code of ordinances, provided a detached accessory building constructed prior to June 26, 1974, to the rear of and at a distance not less than five feet from the main building shall not be deemed to be in violation of this requirement;
            3.   At least three feet from the rear lot line if the lot line is a common lot line abutting a lot;
            4.   At least two feet from the interior side lot line; provided, this requirement shall not apply where the interior side lot lines is over which the main building extends. If the lot abuts a side street, an accessory building must comply with the setback requirements applicable to the lot or tract of land upon which the main building is located. Setbacks shall be measured from the nearest eave of the building or buildings; and
            5.   Minimum rear yard setback to a garage with an alley entrance shall be five feet.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
         (c)   A detached garage may be located in the side yard if the following requirements are met:
            1.   The garage must meet the performance guidelines in the residential zone;
            2.   The garage must observe the same front yard setbacks required for the main structure;
            3.   Garages shall not be placed over easements; and
            4.   Lot coverage will meet requirements in the zoning district.
(Ord. 4137, passed - -2014)

§ 25-3-7 R-4 HEAVY DENSITY MULTIPLE-FAMILY.

   (A)   Intent. The intent of an R-4 Heavy Density Multiple-Family District is to:
      (1)   Provide for a variety of carefully designed housing types at high densities;
      (2)   Provide for a mix of other uses consistent with the needs of the residential occupants; and
      (3)   Encourage the development of affordable housing for young families, low and moderate income families, and the elderly.
   (B)   Principle permitted uses.
      (1)   Church;
      (2)   Community center;
      (3)   Educational/charitable institutions;
       (4)   Family child care home;
      (5)   Fraternities, sororities, and dormitories;
      (6)   Home occupations;
      (7)   Multi-family dwelling units;
      (8)   Municipal uses;
      (9)   Rooming/boarding house with no more than two guests;
      (10)   School;
      (11)   Single-family detached dwelling units; and
      (12)   Two-family dwelling.
   (C)   Special permit uses.
      (1)   Cluster housing, condominiums, and townhouses, provided all planned unit development standards are met pursuant to Article 7 of this chapter, and the density does not exceed the density level permitted in the zoning district in which the planned unit development is proposed to be located;
      (2)   Crop production and orchards;
      (3)   Hospital;
      (4)   Irrigation facilities that are incidental to agricultural use of the premises;
      (5)   Library;
      (6)   Lodge/club;
      (7)   Nursery school or day care center;
      (8)   Public utility facilities;
      (9)   Rooming or boarding house for not more than six roomers or boarders;
      (10)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (11)   Tourist information booth;
      (12)   Utility plants; and
      (13)   Water storage.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
Use
Minimum Lot Size (Sq. Ft.)
Minimum Lot Width (Sq. Ft.)
Maximum Lot Coverage (%)
Maximum # of Dwelling Units
Setbacks
Side Street (Ft.)
Floor Area Minimum (Sq. Ft.)
Height (Ft.)
Front (Ft.)
Rear (Ft.)
Interior Side (Ft.)
Accessory building
2
12.5
900
Building garage (multi-family)
3
2
12.5
18
Garage (single-family)
2
12.5
900
18
HD multi- family
7,000
70
A
25
25
B
A
70
LD multi- family
7,000
70
50
25
25
12.5
400/DU
35
Single-family
7,000
70
50
1
25
25
12.5
35
Two-family
7,000
70
50
2
25
25
12.5
600/DU
35
A   Minimum floor area per dwelling unit and maximum lot coverage:
Minimum Floor Area (Sq. Ft.)
Maximum Lot Coverage
500
70%
450
76%
400
60%
350
55%
300
45%
B   The minimum side yard setback is five feet for buildings and structures not more than three stories high. For buildings more than three stories high, the required minimum side yard setback is increased one foot for each additional story over three. Provided, in the case of a residential building extending across a common interior lot line of abutting lots which are in common ownership, the above minimum side yard setback requirements do not apply to such lot line, but there shall be a minimum side yard setback of five feet from the lot line on the opposite side of each of the lots in districts R-1, R-1a, and R-1b; and ten feet from the lot line on the opposite side of each of the lots in districts R-4 and O-P.
C   If buildings have been built on lots which comprise more than 25% of the front footage of any block, no building or structure may be built or structurally altered which projects beyond the average front yard setback already established.
If the only building is one on an adjoining lot, the minimum front yard setback shall be the greater of 20 feet or the setback of such building. If buildings have been built on lots which comprise 25% or less of the front footage of any block, the minimum front yard setback shall be 20 feet.
No front yard setback shall exceed 50 feet.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located:
            1.   To the rear of the main building;
            2.   At least ten feet from the main building, or a distance of at least five feet from the main dwelling building if the interior wall of the accessory building adjacent to the main building complies with the International One- and Two-Family Dwelling Code § 309.2, which has been adopted by this code of ordinances, provided a detached accessory building constructed prior to June 26, 1974, to the rear of and at a distance not less than five feet from the main building shall not be deemed to be in violation of this requirement;
            3.   At least three feet from the rear lot line if the lot line is a common lot line abutting a lot;
            4.   At least two feet from the interior side lot line; provided, this requirement shall not apply where the interior side lot lines is over which the main building extends. If the lot abuts a side street, an accessory building must comply with the setback requirements applicable to the lot or tract of land upon which the main building is located. Setbacks shall be measured from the nearest eave of the building or buildings; and
            5.   Minimum rear yard setback to a garage with an alley entrance shall be five feet.
         (b)   The setback from a side street line must be at least five feet. Provided, further, a garage with access from a side street must be set back from the right-of-way line of such street a distance of at least 20 feet. The setbacks herein referred to shall be measured from the nearest wall of the garage, except the setback from the side street line, which shall be measured from the nearest eave.
(Ord. 3985, passed - -2009; Ord. 4137, passed - -2014)

§ 25-3-9 R-6 MOBILE HOME.

   (A)   Intent. The intent of an R-6 Mobile Home District is to:
      (1)   Allow mobile homes outside a mobile home park;
      (2)   Allow the mix of single-family detached dwellings;
      (3)   Require greater lot sizes than mobile home parks; and
      (4)   Allow a mix of uses other than residential uses which are compatible with the district.
   (B)   Principle permitted uses.
      (1)   Church;
      (2)   Community center;
      (3)   Family child care home;
      (4)   Home occupation;
      (5)   Mobile homes;
      (6)   Municipal uses;
      (7)   Rooming/boarding house (not more than two guests);
      (8)   School; and
      (9)   Single-family detached dwelling.
   (C)   Special permit uses.
      (1)   Cluster housing, condominiums, and townhouses, provided all planned unit development standards are met pursuant to Article 7 of this chapter and the density does not exceed the density level permitted in the zoning district in which the planned unit development is proposed to be located;
      (2)   Mobile home parks with the following performance standards;
      (3)   Nursery school or day care center; and
      (4)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
Use
Minimum Lot Size (Sq. Ft.)
Minimum Lot Width (Sq. Ft.)
Maximum Lot Coverage (%)
Maximum # of Dwelling Units
Setbacks
Side Street (Ft.)
Floor Area Minimum (Sq. Ft.)
Height (Ft.)
Front (Ft.)
Rear (Ft.)
Interior Side (Ft.)
Mobile home
16,640
70
40
1
20
25
12
12.5
700
35
Single-family
16,640
70
40
1
20
25
12
12.5
35
Accessory building
3
2
1 story
Garage
3
2
15
700
18
Mobile home parks *
4.5 acres
7 per gross acre
15
20
10 between units
12.5
320
35
*   Mobile homes shall not be closer than 18 feet from any service or any other mobile home park permanent building.
Mobile homes must meet HUD standards.
A   If buildings have been built on lots which comprise more than 25% of the front footage of any block, no building or structure may be built or structurally altered which projects beyond the average front yard setback already established.
If the only building is one on an adjoining lot, the minimum front yard setback shall be the greater of 20 feet or the setback of such building. If buildings have been built on lots which comprise 25% or less of the front footage of any block, the minimum front yard setback shall be 20 feet.
No front yard setback shall exceed 50 feet.
B   Mobile homes shall set back a minimum of 20 feet from the property line of the mobile home park. A front setback of mobile homes shall be a minimum of 15 feet from the curb on interior drives, and the side setback shall be a minimum of ten feet between mobile homes. No mobile home shall be situated closer than 18 feet to any service or other mobile home park permanent building.
C   The density of a mobile home park shall not exceed seven dwelling units per gross acre.
 
      (2)   Accessory building; detached.
         (a)   A detached accessory building must be located:
            1.   To the rear of the main building;
            2.   At least ten feet from the main building, or a distance of at least five feet from the main dwelling building if the interior wall of the accessory building adjacent to the main building complies with the International One- and Two-Family Dwelling Code §309.2, which has been adopted by this code of ordinances, provided a detached accessory building constructed prior to June 26, 1974, to the rear of and at a distance not less than five feet from the main building shall not be deemed to be in violation of this requirement;
            3.   At least three feet from the rear lot line if the lot line is a common lot line abutting a lot;
            4.   At least two feet from the interior side lot line; provided, this requirement shall not apply where the interior side lot lines is over which the main building extends. If the lot abuts a side street, an accessory building must comply with the setback requirements applicable to the lot or tract of land upon which the main building is located. Setbacks shall be measured from the nearest eave of the building or buildings; and
            5.   Minimum rear yard setback to a garage with an alley entrance shall be five feet.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
         (c)   A detached garage may be located in the side yard if the following requirements are met:
            1.   The garage must meet the performance guidelines in the residential zone;
            2.   The garage must observe the same front yard setbacks required for the main structure;
            3.   Garages shall not be placed over easements; and
            4.   Lot coverage will meet requirements in the zoning district.
(Ord. 4072, passed - -2012)

§ 25-3-11 O-P OFFICE AND PROFESSIONAL.

   (A)   Intent. The intent of an O-P Office and Professional District is to allow for a mixture of professional office and some residential occupancies with limited other compatible commercial uses.
   (B)   Principle permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Arts and crafts studio;
      (3)   Bank automated teller facilities; indoor;
      (4)   Bank and saving and loan;
      (5)   Barber/beauty shop;
      (6)   Church;
      (7)   Clinic;
      (8)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the tower;
      (9)   Community center;
      (10)   Educational or charitable institutions and educational or scientific research services;
      (11)   Florist;
      (12)   Gift shop;
      (13)   Home occupations;
      (14)   Hospital;
      (15)   Insurance agency/services;
      (16)   Laboratory, medical, dental, and optical;
      (17)   Library;
      (18)   Marriage and family counseling;
      (19)   Mortuary;
      (20)   Multi-family dwellings. Whenever a lot or tract of land is used in whole or part for residential purposes, preliminary and final site plans of a proposed development must be submitted to the Planning Commission for review and approval;
      (21)   Municipal uses;
      (22)   Offices and professional services;
      (23)   Permanent cosmetic facility;
      (24)   Pharmacy;
      (25)   Professional membership organizations;
      (26)   Professional schools;
      (27)   Rooming/boarding house;
      (28)   School;
      (29)   Single-family dwelling. Whenever a lot or tract of land is used in whole or part for residential purposes, preliminary and final site plans of a proposed development must be submitted to the Planning Commission for review and approval;
      (30)   Tourist information booth; and
      (31)   Two-family dwelling.
   (C)   Special permit uses.
      (1)   Ambulance service;
      (2)   Animal clinic (indoor only): Residential use is permitted above the ground floor and within the confines of a business building. The entire business must be conducted within a building. Preliminary and final site plans must be submitted to the Planning Commission for review and approval;
      (3)   Bank automated teller facilities, outdoor (see division (C)(15) below);
      (4)   Book and stationery store;
      (5)   Day care center (child care center) or preschool (see division (C)(15) below);
      (6)   Delicatessen;
      (7)   Health food store;
      (8)   Restaurant;
      (9)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (10)   Temporary medical housing;
      (11)   Public utility facilities;
      (12)   Lodge or club;
      (13)   Utility plants;
      (14)   Water storage; and
      (15)   Residential use is permitted only within the confines of a building in which a permitted use is conducted. Preliminary and final site plans must be submitted to the Planning Commission for review and approval.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
Use
Minimum Lot Size (Sq. Ft.)
Minimum Lot Width (Sq. Ft.)
Maximum Lot Coverage (%)
Maximum # of Dwelling Units
Setbacks
Side Street (Ft.)
Floor Area Minimum (Sq. Ft.)
Height (Ft.)
Front (Ft.)
Rear (Ft.)
Interior Side (Ft.)
 
7,000
-
C
C
25 or D
A
B
12.5
C
70
A   If a lot abuts on a public alley, the minimum rear yard setback is five feet; otherwise, the minimum rear yard setback is 15 feet.
B   The minimum side yard setback is five feet for buildings and structures not more than three stories high. For buildings more than three stories high, the required minimum side yard setback is increased one foot for each additional story over three. Provided, in the case of a residential building extending across a common interior lot line of abutting lots which are in common ownership, the above minimum side yard setback requirements do not apply to such lot line, but there shall be a minimum side yard setback of five feet from the lot line on the opposite side of each of the lots in districts R-1, R-1a, and R-1b; and ten feet from the lot line on the opposite side of each of the lots in districts R-4 and O-P.
C   Minimum floor area per dwelling unit and the maximum lot coverage is as follows.
Minimum Floor Area (Sq. Ft.)
Maximum Lot Coverage
500
70%
450
76%
400
60%
350
55%
300
45%
D   The required minimum R District setback applies if the frontage between two streets separates an R District and either a C District, M District, or O-P District. If all frontage between two streets is in either a C or M District, no front setback is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
(Ord. 4072, passed - -2012; Ord. 4192, passed - -2016)

§ 25-3-12 PBC PLANNED BUSINESS CENTER.

   (A)   Intent. The intent of a Planned Business Center District is to:
      (1)   Provide an area for a unified commercial center which provides goods and services to a regional trading area;
      (2)   Provide for joint or grouped parking facilities serving several retail stores; and
      (3)   Coordinate a vehicular and pedestrian traffic circulation system and carefully design access that is compatible with surrounding uses.
   (B)   Principal permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Arts and crafts studio;
      (6)   Automated or coin-operated car wash;
      (7)   Bakery or bakery goods store;
      (8)   Bank automated teller facilities; outdoor;
      (9)   Bank automated teller facilities; indoor;
      (10)   Bank and savings and loan;
      (11)   Barber and beauty shop;
      (12)   Book and stationery store;
      (13)   Business college and trade school;
      (14)   Church;
      (15)   Cleaning and laundry agency;
      (16)   Clinic;
      (17)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the tower;
      (18)   Community center (public);
      (19)   Confectionery stores;
      (20)   Convenience stores without dispensing gasoline;
      (21)   Convenience stores with dispensing gasoline;
      (22)   Dance, music, or voice studio;
      (23)   Day care center (child care center) or preschool;
      (24)   Delicatessen;
      (25)   Drive-thru photo facility;
      (26)   Drive-thru (fast food) restaurant;
      (27)   Educational and scientific research service;
      (28)   Florist;
      (29)   Food store and delicatessen;
      (30)   Furniture/appliance store;
      (31)   Gift shop;
      (32)   Grocery store;
      (33)   Hardware store;
      (34)   Hospital;
      (35)   Insurance agency/services;
      (36)   Jewelry store;
      (37)   Laboratory, medical, dental, and optical;
      (38)   Laundromat; self-service;
      (39)   Library;
      (40)   Marriage and family counseling;
      (41)   Mortuary;
      (42)   Multi-family dwelling units. Living quarters for watchperson of commercial or industrial use property, or for hotels and motels, are the only permitted residential uses in this zone;
      (43)   Municipal uses;
      (44)   Offices: professional and service;
      (45)   Permanent cosmetic facility;
      (46)   Pharmacy;
      (47)   Photographic studio;
      (48)   Printing and blueprinting;
      (49)   Professional membership organizations;
      (50)   Professional schools;
      (51)   Reducing/suntanning;
      (52)   Restaurant, bar. and tavern;
      (53)   Retail stores and services;
      (54)   Service station; full service;
      (55)   Service station; mixed use;
      (56)   Single-family dwelling units. Living quarters for watchperson of commercial or industrial use property, or for hotels and motels, are the only permitted residential uses in this zone;
      (57)   Shoe store;
      (58)   Theater; indoor;
      (59)   Tire shop and recapping; and
      (60)   Utility business offices.
   (C)   Special permit uses.
      (1)   Adult bookstore: no such use shall be located within 300 linear feet of any school, public or private, place of worship, public park, day care center, child nursery, library, or residential district. No such use shall be located within 1,000 linear feet of any existing adult bookstore. No such use may be allowed in combination with the sale or consumption of alcoholic beverages;
      (2)   Lodge or club;
      (3)   Public utility facilities;
      (4)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (5)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one;
      (6)   Utility plants; and
      (7)   Water storage.
   (D)   Performance standards.
      (1)   Area and bulk, regulations.
 
Use
Minimum District Size
Minimum Lot Size
Minimum Lot Width
Maximum Coverage
Maximum Dwelling Units
Setbacks
Structure Regulations
Front
Rear
Interior Side
Side Street
Maximum Height
Permitted Use
8 acres
No minimum
20 feet
No maximum
4(c)
25 feet or 4(h)
4(h)
4(h)
25 feet
4(b)
Accessory Building
Not permited
4(h)
4(h)
25 feet
4(b)
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event, shall meet all requirements for the main building.
      (4)   Design requirements.
         (a)   Buffer strips; R Districts. A buffer strip, at least 25 feet in width, sodded and planted with shrubs or other greenery, and with a permanent screen at least ten feet high, must be established and maintained adjacent to the boundary line of any abutting lot or tract of land located in whole or part in an R District.
         (b)   Buildings and structures; height. No building or structure, except for an elevator, penthouse water tower, or decorative building projection, may exceed three stories or 45 feet in height, whichever is lower.
         (c)   Dwellings. No building in a center may be used as dwelling except for a paid custodian, caretaker, or watchperson living in the center.
         (d)   General design. A center must be laid out and developed as a unit in accordance with an integrated or coordinated overall design that complies with the provisions of this article. Buildings, structures, parking areas, walks, lighting, and appurtenant facilities must be located and arranged with due regard for surrounding land uses. Any part of a center not used for buildings, structures, accessways, parking and loading, or unloading areas must be landscaped with grass, trees, shrubs, or pedestrian walks.
         (e)   Loading facilities. A center must provide adequate areas for motor vehicles to load or unload merchandise, materials, or equipment without interfering with the use of any public street or alley.
         (f)   Location. A center may be located only in a PBC District established in accordance with this article, and only on a lot or tract of land abutting one or more arterial streets.
         (g)   Off-street parking. Adequate off-street parking must be provided in a center to accommodate all motor vehicles of employees, customers, and other persons reasonably expected to use the center, and for vehicles used in the conduct of businesses in the center. At least one parking space must be provided for each 200 square feet of floor area used for selling or offices. Areas designed primarily for loading and unloading or standing space are not parking spaces within the meaning of this section. Floor area designed for selling or office may not include areas used for storage, utilities or restrooms. Parking spaces and areas must meet the requirements of Article 5 of this chapter.
         (h)   Setbacks. No building or structure may be constructed or maintained in a center within 100 feet of the boundary line of an abutting lot or tract of land located in an R District nor within 25 feet of the right-of-way of a public street or road. No roadway or parking area in a center may be constructed or maintained within 25 feet of the right-of-way line.
(Ord. 4072, passed - -2012; Ord. 4137, passed - -2014; Ord. 4192, passed - -2016; Ord. 4302, passed 5-1-2023)

§ 25-3-13 C-1 CENTRAL BUSINESS DISTRICT.

   (A)   Intent. The intent of a C-1 Central Business District is a zone for the Central Business District permitting all types of business enterprises except manufacturing and other industries which are incompatible with a business district comprised primarily of retail sales and service businesses.
   (B)   Principle permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Arts and crafts studio;
      (6)   Auto storage and rental;
      (7)   Bakery or bakery goods store. The maximum gross floor area of a building permitted for this use is 6,400 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building;
      (8)   Bank automated teller facilities; outdoor;
      (9)   Bank automated teller facilities; indoor;
      (10)   Bank and savings and loan;
      (11)   Barber and beauty shop;
      (12)   Book and stationery store;
      (13)   Brew pub;
      (14)   Bus depot;
      (15)   Business college and trade school;
      (16)   Automated or coin-operated car wash;
      (17)   Church;
      (18)   Cleaning and laundry agency;
      (19)   Clinic;
      (20)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the tower;
      (21)   Community center (public);
      (22)   Condominium with three or fewer apartments;
      (23)   Confectionery stores;
      (24)   Convenience stores without dispensing gasoline;
      (25)   Convenience stores with dispensing gasoline;
      (26)   Convenience warehouse storage facilities;
      (27)   Day care center (child care center) or preschool;
      (28)   Delicatessen;
      (29)   Drive-thru photo facility;
      (30)   Dwelling unit; two unit and multiple family within the confines of a building in which a business enterprise, retail sales, or service business may be conducted;
      (31)   Educational and charitable institutions;
      (32)   Educational and scientific research service;
      (33)   Florist;
      (34)   Food store and delicatessen;
      (35)   Furniture refinishing. The entire business must be conducted within a building;
      (36)   Furniture/appliance store;
      (37)   Gift shop;
      (38)   Grocery store;
      (39)   Hardware store;
      (40)   Hospital;
      (41)   Hotel;
      (42)   Insurance agency/services;
      (43)   Jewelry store;
      (44)   Laboratory, medical, dental, and optical;
      (45)   Laundromat; self-service;
      (46)   Library;
      (47)   Lodge or club;
      (48)   Marriage and family counseling;
      (49)   Mortuary;
      (50)   Motel;
      (51)   Municipal uses;
      (52)   Nursery for children;
      (53)   Nursery for flowers/plants;
      (54)   Offices; professional and service;
      (55)   Parking lot, garage, or facility;
      (56)   Pharmacy;
      (57)   Photographic studio;
      (58)   Printing and blueprinting;
      (59)   Professional membership organizations;
      (60)   Professional schools;
      (61)   Railroad station;
      (62)   Reducing/suntanning;
      (63)   Restaurant, bar, and tavern;
      (64)   Retail stores and services;
      (65)   Rooming/boarding house. Residential use is permitted above the ground floor and within the confines of a business building;
      (66)   School;
      (67)   Service station; full service;
      (68)   Service station; mixed use;
      (69)   Service station; self-service dispensing of gas only;
      (70)   Shoe store;
      (71)   Tattoo/body piercing establishment;
      (72)   Temporary medical housing;
      (73)   Theater; indoor;
      (74)   Tire shop and recapping;
      (75)   Tourist information booth;
      (76)   Upholstery shops, provided till work is completed inside the building;
      (77)   Utility business offices;
      (78)   Warehousing facilities. Warehouse or storage facilities are permitted as the primary use on a lot or property only if a special permit is granted. A lot or property will not be eligible for consideration of the issuance of a special permit unless the proposed facility will be located on a lot immediately adjoining (or directly across an alley from) a property with an allowed C-1 District use; the proposed facility is necessary to and will be used as an accessory to the allowed use on the adjoining lot; and both lots are under the same ownership; and
      (79)   Wholesale stores and distributors. The maximum gross floor area of a building permitted for this use is 6,410 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building.
   (C)   Special permit uses.
      (1)   Drive-thru (fast food) restaurant;
      (2)   Micro brewery;
      (3)   Equipment rental and sales yard;
      (4)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (5)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one; and
      (6)   Micro distillery.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
None
None
*
C
A
B
-
PRT FA
7
Garage
5
12.5
*   Minimum lot area/dwelling unit = no requirement
PRTFA = Parking ratio to floor area
A   No minimum rear yard setback is required except for a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required.
B   No minimum interior side yard setback is required except for a lot in a C or M District whose side abuts the side of a lot in either an R or O-P District, in which latter case, the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required.
C   The required minimum R District setback applies if the frontage between two streets separates an K District and a C District. If all frontage between two streets is in a C District, no from setback is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building, it has be connected to the main building by a breezeway or similar structure, and in such event, it shall meet all requirements for the main building.
(Ord 3965, passed - -2008; Ord. 3985, passed - -2009; Ord. 4152, passed - -2015; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)

§ 25-3-14 C-2 NEIGHBORHOOD AND RETAIL COMMERCIAL.

   (A)   Intent. The intent of a C-2 Neighborhood and Retail Commercial District is to provide a zone consisting of retail stores and service establishments.
   (B)   Principal permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Arts and crafts studio;
      (6)   Automated or coin-operated car wash;
      (7)   Bakery or bakery goods store;
      (8)   Bank automated teller facilities; outdoor;
      (9)   Bank automated teller facilities; indoor;
      (10)   Bank and savings and loan;
      (11)   Barber and beauty shop;
      (12)   Book and stationery store;
      (13)   Brew pub;
      (14)   Church;
      (15)   Cleaning and laundry agency;
      (16)   Clinic;
      (17)   Communication facilities including communication tower, such tower not to exceed 150 feel in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the tower;
      (18)   Community center (public);
      (19)   Confectionery stores;
      (20)   Convenience stores with dispensing gasoline;
      (21)   Convenience stores without dispensing gasoline;
      (22)   Convenience warehouse storage facilities;
      (23)   Dance, music, or voice studio;
      (24)   Day care center (child care center) or preschool;
      (25)   Delicatessen;
      (26)   Domestic violence shelter;
      (27)   Drive-thru;
      (28)   Educational and charitable institutions;
      (29)   Educational and scientific research service;
      (30)   Equipment rental and sales yard;
      (31)   Florist;
      (32)   Food store and delicatessen;
      (33)   Furniture refinishing (the entire business must be conducted within a building);
      (34)   Furniture/appliance store;
      (35)   Gift shop;
      (36)   Gymnasium; private;
      (37)   Grocery store;
      (38)   Hardware store;
      (39)   Hospital;
      (40)   Hotels/motels;
      (41)   Insurance agency/services;
      (42)   Jewelry store;
      (43)   Laboratory, medical, dental, and optical;
      (44)   Laundromat; self-service;
      (45)   Library;
      (46)   Lodge or club;
      (47)   Marriage and family counseling;
      (48)   Municipal uses;
      (49)   Nursery for children;
      (50)   Offices; professional and service;
      (51)   Pharmacy;
      (52)   Photographic studio;
      (53)   Priming and blueprinting;
      (54)   Professional membership organizations;
      (55)   Professional schools;
      (56)   Reducing/suntanning;
      (57)   Restaurant, bar, and tavern;
      (58)   Retail stores and services;
      (59)   Rooming/boarding house. Residential use is permitted above the ground floor and within the ground floor if to the back or side of a business building;
      (60)   School;
      (61)   Service station; full service;
      (62)   Service station; mixed use;
      (63)   Shoe store;
      (64)   Tattoo/body piercing establishment;
      (65)   Temporary medical housing;
      (66)   Theater; indoor;
      (67)   Tourist information booth;
      (68)   Upholstery shop provided all work is completed within the building;
      (69)   Utility business offices; and
      (70)   Warehousing and wholesaling.
   (C)   Special permit uses.
      (1)   Auto sales and service;
      (2)   Billboards;
      (3)   Micro brewery;
      (4)   Emergency shelter;
      (5)   Hardware stores selling lumber;
      (6)   Multi-family dwellings. Residential use is permitted above the ground floor and within the ground floor to the back or side of a business building;
      (7)   Single-family dwelling. Residential use is permitted above the ground floor and within the ground floor to the back or side of a business building;
      (8)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone in which it is located;
      (9)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one;
      (10)   Two-family dwelling. Residential use is permitted above the ground floor and within the ground floor to the back or side of a business building;
      (11)   Any hotels or apartments higher than the maximum 45 feet will require a special permit approved by the Planning Commission; and
      (12)   Micro distillery.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
None
*
*
C or 25
A
B
12.5
-
PRT FA
35
Garage
12.5
45
*   Minimum lot area/dwelling unit = 2,800 sq. ft.
   Hotels and apartments - except with special use permit
PRTFA = Parking ratio to floor area
A   No minimum rear yard setback is required except for a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required.
B   No minimum interior side yard setback is required except for a lot whose side abuts the side of a lot in either an R or O-P District, in which latter case, the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required.
C   The required minimum R District setback applies if the frontage between two streets separates an R District and either a C District. If all frontage between two streets is in a C District no front setback is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
(Ord 3965, passed - -2008; Ord. 3985, passed - -2009; Ord. 4137, passed - -2014; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)

§ 25-3-15 C-3 HEAVY COMMERCIAL.

   (A)   Intent. The intent of a C-3 Heavy Commercial District is a zone designed primarily for warehousing, distribution centers, and minimum light manufacturing and processing.
   (B)   Principle permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Animal clinic; indoor/outdoor;
      (6)   Arts and crafts studio;
      (7)   Auction house;
      (8)   Auto sales and service;
      (9)   Auto storage and rentals. All processing, packaging, or fabricating to be conducted wholly inside a building. Nuisance-producing processing, packaging, or fabricating not permitted;
      (10)   Automated or coin-operated car wash;
      (11)   Bakery or bakery goods store;
      (12)   Bank automated teller facilities; outdoor;
      (13)   Bank automated teller facilities; indoor
      (14)   Bank and savings and loan;
      (15)   Barber and beauty shop;
      (16)   Beverage bottling plant;
      (17)   Billboard. Billboards may not be placed everywhere in this zone. Sec special provisions dealing with billboards in Article 6 of this chapter;
      (18)   Boat building (small);
      (19)   Book and stationery store;
      (20)   Brewery;
      (21)   Brew pub;
      (22)   Bus depot;
      (23)   Business college and trade school;
      (24)   Cabinet shop. The entire business must be conducted within a building;
      (25)   Campground;
      (26)   Church;
      (27)   Cleaning plant; commercial. The maximum gross floor area of a building permitted for this use is 6,400 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building;
      (28)   Cleaning and laundry agency;
      (29)   Clinic;
      (30)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the lower;
      (31)   Community center (public);
      (32)   Confectionery stores;
      (33)   Construct ion storage yard. Yard must be enclosed in Class 3 fence;
      (34)   Convenience warehouse storage facility;
      (35)   Convenience stores without dispensing gasoline;
      (36)   Convenience stores with dispensing gasoline;
      (37)   Dairy product processing;
      (38)   Dance, music, or voice studio;
      (39)   Day care center (child care center) or preschool;
      (40)   Delicatessen;
      (41)   Distillery;
      (42)   Drive-thru photo facility;
      (43)   Drive-thru (fast food) restaurant;
      (44)   Educational and scientific research service;
      (45)   Equipment rental and sales yard;
      (46)   Florist;
      (47)   Food store and delicatessen;
      (48)   Furniture refinishing. The entire business must be conducted within a building;
      (49)   Furniture/appliance store;
      (50)   Gift shop;
      (51)   Gymnasium; private;
      (52)   Grocery store;
      (53)   Hardware store;
      (54)   Hospital;
      (55)   Insurance agency/services;
      (56)   Jewelry store;
      (57)   Laboratory, medical, dental, and optical;
      (58)   Laundry; commercial plant. The maximum gross floor area of a building permitted for this use is 6,400 square feet. Incidental, non-nuisance-producing processing, packaging, or fabricating is permitted if conducted entirely within a building;
      (59)   Laundromat; self-service;
      (60)   Library;
      (61)   Lodge or club;
      (62)   Lumber yard;
      (63)   Machine shop;
      (64)   Marriage and family counseling;
      (65)   Metal finishing. Retail and wholesale metal finishing permitted, providing the metal finishing equipment shall be used, and all parts to be or which have been processed, together with all materials and supplies, shall be stored, wholly within a building; and in addition, if metal plating is done, not more than three persons may function in the metal plating line, the metal plating line shall not use a floor area in excess of 1,500 square feet, and only a self-contained processing system shall be used. A metal plating line constitutes a metal plating process commencing with racking of a part to be plated and ending with unracking of such part;
      (66)   Micro brewery;
      (67)   Micro distillery;
      (68)   Monument works; stone;
      (69)   Mortuary;
      (70)   Motel;
      (71)   Municipal uses;
      (72)   Nursery for children;
      (73)   Nursery for flowers/plants;
      (74)   Offices; professional and service;
      (75)   Parking lot, garage or facility;
      (76)   Pharmacy;
      (77)   Photographic studio;
      (78)   Printing and blueprinting;
      (79)   Professional membership organizations;
      (80)   Professional schools;
      (81)   Public garage;
      (82)   Railroad station;
      (83)   Recreational vehicle sales lot;
      (84)   Recreational vehicle storage lot; outside;
      (85)   Reducing/suntanning;
      (86)   Restaurant, bar, and tavern;
      (87)   Retail stores and services;
      (88)   Sandblasting. All commercial sandblasting of moveable objects to be conducted wholly inside a building;
      (89)   Service station; full service;
      (90)   Service station; mixed use;
      (91)   Service station; self-service dispensing of gas only;
      (92)   Shoe store;
      (93)   Shop for building contractor. The entire business must be conducted within a building;
      (94)   Sign shop;
      (95)   Tack shop;
      (96)   Tattoo parlor meeting the following conditions.
         (a)   Prior to operating a tattoo parlor, the operator/practitioner must first apply for and receive a permit and certificate of occupancy from the Development Services Director. The permit is subject to revocation if the permittee at any time fails to comply with the conditions set forth herein.
         (b)   The operator/practitioner must comply with any and all federal, state, and local regulations pertaining to the activity of tattoo artistry on the human skin.
         (c)   The operator/practitioner must submit to regular and/or unannounced inspections by the Department of Planning, Building and Development, the County Department of Health, and any other authority empowered to regulate such activities.
         (d)   All instruments and equipment must be cleaned and sterilized before use. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240ºF or 116ºC.
         (e)   The operator/practitioner must positively identify each client and keep record of the client’s name, age, mailing address, and phone number and not dispose of such information for a period of at least ten years. Any transfer in ownership or operation of the business will result in revocation of the permit. All records shall be relinquished to the Development Services Director at that time.
         (f)   The operator/practitioner may not perform work on anyone 18 years of age or younger without written permission from the minor’s parent or legal guardian.
         (g)   The operator/practitioner shall comply with the OSHA (Occupation Safety and Health Act) blood borne pathogen rules as it relates to the disposition of hazardous waste materials.
         (h)   To prevent the cause and/or spread of infection or disease, any and all tattoo needles used for each client shall be disposed of properly and not reused.
      (97)   Temporary medical housing;
      (98)   Terminal yard; trucking;
      (99)   Theater; indoor;
      (100)   Theater; drive-in;
      (101)   Tire shop and recapping (the entire business must be conducted within a building);
      (102)   Tourist information booth;
      (103)   Tractor/trailer parking lot;
      (104)   Trailer parks;
      (105)   Travel trailers;
      (106)   Travel trailer, mobile home, and manufactured housing sales lot;
      (107)   Truck and tractor repair;
      (108)   Upholstery shop, provided all work is completed inside the building;
      (109)   Used car lot;
      (110)   Utility business offices; and
      (111)   Warehousing/wholesaling facilities.
   (C)   Special permit uses.
      (1)   Emergency shelter;
      (2)   Implement dealers;
      (3)   Mobile home sales;
      (4)   Petroleum storage;
      (5)   Processing, packaging, or fabricating;
      (6)   Public scale;
      (7)   Recycling center;
      (8)   Residential use is permitted only within the confines of a building in which a permitted use is conducted. Preliminary and final site plans must be submitted to the Planning Commission for review and approval;
      (9)   Rooming/boarding houses;
      (10)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone;
      (11)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one;
      (12)   Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
         (a)   The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
         (b)   No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone to which the tract of kind is subject.
         (c)   The permit shall be subject to revocation by the Commission, if the Commission, subsequent to granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
         (d)   Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
      (13)   Two-family dwelling.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
None
*
*
C
A
B
12.5
PRT FA
35
Garage
12.5
*   Minimum lot area/dwelling unit = no requirements
PRTFA = Parking ratio to floor area
A   No minimum rear yard setback is required except lot a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required.
B   No minimum interior side yard setback is required except for a lot whose side abuts the side of a lot in either an R or O-P District, in which latter case the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required.
C   The required minimum R District setback applies if the frontage between two streets separates an R District and a C District. If all frontage between two streets is in a C District, no front setback is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event, shall meet all requirements for the main building.
(Ord 3965, passed - -2008; Ord. 3985, passed - -2009; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)

§ 25-3-16 M-1 LIGHT MANUFACTURING AND INDUSTRIAL.

   (A)   Intent. The intent of on M-1 Light Manufacturing and Industrial District is a zone permitting most fabricating activities except heavy manufacturing and processing of raw materials.
   (B)   Principle permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Animal clinic; indoor/outdoor;
      (6)   Arts and crafts studio;
      (7)   Auction house;
      (8)   Auto sales and service;
      (9)   Auto storage and rental;
      (10)   Automated or coin-operated car wash;
      (11)   Bakery or bakery goods store;
      (12)   Bank automated teller facilities; outdoor;
      (13)   Bank automated teller facilities; indoor;
      (14)   Bank and savings and loan;
      (15)   Barber and beauty shop;
      (16)   Beverage bottling plant;
      (17)   Billboard. Billboards may not be placed everywhere in this zone. See special provisions dealing with billboards in Article 6 of this chapter;
      (18)   Boat building (small);
      (19)   Book and stationery store;
      (20)   Brewery;
      (21)   Brew pub;
      (22)   Bus depot;
      (23)   Business college and trade school;
      (24)   Cabinet shop;
      (25)   Church;
      (26)   Cleaning plant; commercial;
      (27)   Cleaning and laundry agency;
      (28)   Clinic;
      (29)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the tower;
      (30)   Community center (public);
      (31)   Concrete batch plant;
      (32)   Construction storage yard;
      (33)   Confectionery stores;
      (34)   Convenience stores without dispensing gasoline;
      (35)   Convenience stores with dispensing gasoline;
      (36)   Convenience warehouse storage facilities;
      (37)   Dairy product processing;
      (38)   Dance, music, or voice studio;
      (39)   Day care center (child care center) or preschool;
      (40)   Delicatessen;
      (41)   Distillery;
      (42)   Drive-thru photo facility;
      (43)   Drive-thru (fast food) restaurant;
      (44)   Educational and scientific research service;
      (45)   Equipment rental and sales yard;
      (46)   Feed mill;
      (47)   Florist;
      (48)   Food processing plant; oilier than meat;
      (49)   Food store and delicatessen;
      (50)   Fuel yard;
      (51)   Furniture refinishing;
      (52)   Furniture/appliance store;
      (53)   Gift shop;
      (54)   Gymnasium; private;
      (55)   Grocery store;
      (56)   Hardware store;
      (57)   Hospital;
      (58)   Hotel;
      (59)   Ice manufacture cold storage plant;
      (60)   Insurance agency/services;
      (61)   Jewelry store;
      (62)   Laboratory, medical, dental, and optical;
      (63)   Laundry; commercial plant;
      (64)   Laundromat; self-service;
      (65)   Library;
      (66)   Lodge or club;
      (67)   Lumber yard;
      (68)   Machine shop;
      (69)   Marriage and family counseling;
      (70)   Metal finishing;
      (71)   Micro brewery;
      (72)   Micro distillery;
      (73)   Monument works; stone;
      (74)   Mortuary;
      (75)   Motel;
      (76)   Municipal uses;
      (77)   Nursery for children;
      (78)   Nursery for flowers/plants;
      (79)   Offices; professional and service;
      (80)   Parking lot, garage, or facility;
      (81)   Pharmacy;
      (82)   Photographic studio;
      (83)   Planning mill;
      (84)   Printing and blueprinting;
      (85)   Processing, packaging, or fabricating. All processing, packaging, or fabricating to be conducted wholly inside a building. Nuisance-producing processing, packaging, or lubricating not permitted;
      (86)   Professional membership organizations;
      (87)   Professional schools;
      (88)   Public garage;
      (89)   Public scale;
      (90)   Railroad station;
      (91)   Recreational vehicle sales lot;
      (92)   Recreational vehicle storage lot; outside;
      (93)   Recycling center;
      (94)   Reducing/suntanning;
      (95)   Restaurant, bar, and tavern;
      (96)   Retail stores and services;
      (97)   Sandblasting;
      (98)   Service station; full service;
      (99)   Service station; mixed use;
      (100)   Service station; self service dispensing of gas only;
      (101)   Shoe store;
      (102)   Shop for building contractor;
      (103)   Sign shop;
      (104)   Single-family dwellings for living quarters for watchperson of commercial or industrial use property, or for hotels and motels, are the only permitted residential uses in this zone;
      (105)   Tattoo/body piercing establishment;
      (106)   Temporary medical housing;
      (107)   Terminal yard; trucking;
      (108)   Theater; indoor;
      (109)   Theater; drive-in;
      (110)   Tire shop and recapping;
      (111)   Tourist information booth;
      (112)   Tractor/trailer parking lot;
      (113)   Travel trailer, mobile home, and manufactured housing sales lot;
      (114)   Truck and tractor repair;
      (115)   Used car lot;
      (116)   Utility business offices;
      (117)   Warehousing/wholesaling facilities; and
      (118)   Wholesale stores and distributors.
   (C)   Special permit uses.
      (1)   Fertilizer mixing and storage plant;
      (2)   Junk yard;
      (3)   Petroleum storage;
      (4)   Scrap metal processing facility;
      (5)   Solid waste transfer station;
      (6)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements;
      (7)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one, with all use requirements for the zone; and
      (8)   Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
         (a)   The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
         (b)   No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone to which the tract of land is subject.
         (c)   The permit shall be subject to revocation by the Commission, if the Commission, subsequent to granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
         (d)   Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers, and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
None
*
*
0
C or 20
A
B
0
0
20
Garage
12.5
*   Minimum lot area/dwelling unit = not allowed
A   No minimum rear yard setback is required except for a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required.
B   No minimum interior side yard setback is required except for a lot whose side abuts the side of a lot in either an R or O-P District, in which latter case, the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required.
C   The required minimum R District setback applies if the frontage between two streets separates an R District and either a C District, M District, or O-P District. If all frontage between two streets is in either a C or M District, no front setback is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
(Ord. 3951, passed - -2007; Ord. 3985, passed - -2009; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)

§ 25-3-18 M-2 HEAVY MANUFACTURING AND INDUSTRIAL.

   (A)   Intent. The intent of an M-2 Heavy Manufacturing and Industrial District is a zone permitting the manufacture and processing of goods from raw materials.
   (B)   Principle permitted uses.
      (1)   Accounting, auditing, and bookkeeping services;
      (2)   Ambulance service;
      (3)   Amusement centers; indoor only;
      (4)   Animal clinic; indoor only;
      (5)   Animal clinic; indoor/outdoor;
      (6)   Arts and crafts studio;
      (7)   Auction house;
      (8)   Auto sales and service;
      (9)   Auto storage and rental;
      (10)   Automated or coin-operated car wash;
      (11)   Bakery or bakery goods store;
      (12)   Bank automated teller facilities; outdoor;
      (13)   Bank automated teller facilities; indoor;
      (14)   Bank and savings and loan;
      (15)   Barber and beauty shop;
      (16)   Beverage bottling plant;
      (17)   Billboard. Billboards may not be placed everywhere in this zone. See special provisions dealing with billboards in Article 6 of this chapter;
      (18)   Boat building (small);
      (19)   Book and stationery store;
      (20)   Brewery;
      (21)   Brew pub;
      (22)   Bus depot;
      (23)   Business college and trade school;
      (24)   Cabinet shop;
      (25)   Church;
      (26)   Cleaning plant; commercial;
      (27)   Cleaning and laundry agency;
      (28)   Clinic;
      (29)   Communication facilities including communication tower, such tower not to exceed 150 feet in height. No guy wires, outrigging, or other supporting structures may extend beyond the foundation of the lower;
      (30)   Community center (public);
      (31)   Concrete batch plant;
      (32)   Confectionery stores;
      (33)   Construction storage yard;
      (34)   Convenience stores without dispensing gasoline;
      (35)   Convenience stores with dispensing gasoline;
      (36)   Convenience warehouse storage facilities;
      (37)   Dairy product processing;
      (38)   Dance, music, or voice studio;
      (39)   Day care center (child care center) or preschool;
      (40)   Delicatessen;
      (41)   Distillery;
      (42)   Drive-thru photo facility;
      (43)   Drive-thru (fast food) restaurant;
      (44)   Educational and scientific research service;
      (45)   Equipment rental ami sales yard;
      (46)   Feed mill;
      (47)   Florist;
      (48)   Food processing plant, other than meat;
      (49)   Food store; delicatessen;
      (50)   Fuel yard;
      (51)   Furniture refinishing;
      (52)   Furniture/appliance store;
      (53)   Gift shop;
      (54)   Gymnasium; private;
      (55)   Grocery store;
      (56)   Hardware store;
      (57)   Hospital;
      (58)   Hotel;
      (59)   Ice manufacture cold storage plant;
      (60)   Insurance agency/services;
      (61)   Jewelry store;
      (62)   Laboratory, medical, dental, and optical;
      (63)   Laundry; commercial plant;
      (64)   Laundromat; self-service;
      (65)   Library;
      (66)   Lumber yard;
      (67)   Machine shop;
      (68)   Marriage and family counseling;
      (69)   Meat packing;
      (70)   Metal finishing;
      (71)   Micro brewery;
      (72)   Micro distillery;
      (73)   Monument works; stone;
      (74)   Mortuary;
      (75)   Motel;
      (76)   Municipal uses;
      (77)   Nursery for children;
      (78)   Nursery for flowers/plants;
      (79)   Offices; professional and service;
      (80)   Parking lot, garage, or facility;
      (81)   Petroleum storage;
      (82)   Pharmacy;
      (83)   Photographic studio;
      (84)   Planning mill;
      (85)   Printing and blueprinting;
      (86)   Processing, packaging, or fabricating;
      (87)   Professional membership organizations;
      (88)   Professional schools;
      (89)   Public garage;
      (90)   Public scale;
      (91)   Railroad station;
      (92)   Railroad yard or shops;
      (93)   Recreational vehicle sales lot;
      (94)   Recreational vehicle storage lot; outside
      (95)   Recycling center;
      (96)   Reducing/suntanning;
      (97)   Restaurant, bar, and tavern;
      (98)   Retail stores and services;
      (99)   Sandblasting;
      (100)   School;
      (101)   Service station; full service;
      (102)   Service station; mixed use;
      (103)   Service station; self-service dispensing of gas only;
      (104)   Shoe store;
      (105)   Shop for building contractor;
      (106)   Sign shop;
      (107)   Single-family dwellings for living quarters for watchperson of commercial or industrial use property, or for hotels and motels, are the only permitted residential uses in this zone;
      (108)   Tattoo/body piercing establishment;
      (109)   Temporary medical housing;
      (110)   Terminal yard; trucking;
      (111)   Theater; indoor;
      (112)   Theater; drive-in;
      (113)   Tire shop and recapping;
      (114)   Tourist information booth;
      (115)   Tractor/trailer parking lot;
      (116)   Travel trailer, mobile home, and manufactured housing sales lot;
      (117)   Truck and tractor repair;
      (118)   Used car lot;
      (119)   Utility business offices;
      (120)   Warehousing/wholesaling facilities; and
      (121)   Wholesale stores and distributors.
   (C)   Special permit uses.
      (1)   Asphalt batch plant;
      (2)   Fertilizer mixing and storage plant;
      (3)   Junk yard;
      (4)   Kennel; dog;
      (5)   Livestock auction or holding pens;
      (6)   Rendering plants;
      (7)   Scrap metal processing facility;
      (8)   Second dwelling for relatives; employees;
      (9)   Solid waste transfer station;
      (10)   Tanning, curing, and storage of skins or hides;
      (11)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone;
      (12)   Temporary building may be permitted if such building complies with all height and area requirements, and the use complies, except for the fact that the building is a temporary one, with all use requirements for the zone;
      (13)   Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
         (a)   The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
         (b)   No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone lo which the tract of land is subject.
         (c)   The permit shall be subject to revocation by the Commission, if the Commission, subsequent lo granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
         (d)   Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
None
*
*
None
20
A
B
-
-
75
Garage
12.5
*   Minimum lot area/dwelling unit = not allowed
A   No minimum rear yard setback is required except for a lot abutting the side of a lot in either an R or O-P District, in which case the minimum rear yard setback is 15 feet. If a public alley separates such lots, no rear yard is required.
B   No minimum interior side yard setback is required except for a lot whose side abuts the side of a lot in either an R or O-P District, in which latter case, the minimum interior side yard setback is five feet. If a public alley separates such lots, no side yard is required.
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
(Ord. 3951, passed - -2007; Ord. 3985, passed - -2009; Ord. 4187, passed - -2016; Ord. 4198, passed - -2016; Ord. 4241, passed 12-17-2018)

§ 25-3-19 A AGRICULTURAL.

   (A)   Intent. The intent of an A Agricultural District is a zone in which land is permitted to be used for raising of crops and pasturing cattle and related activities.
   (B)   Principal permitted uses.
      (1)   Agriculture uses; general;
      (2)   Home occupations;
      (3)   Irrigation facilities;
      (4)   Kennel; dog;
      (5)   Municipal uses;
      (6)   Public utility facilities;
      (7)   Single-family dwelling;
      (8)   Stable;
      (9)   Tourist information booth; and
      (10)   Wineries and vineyards;
      (11)   Golf courses;
      (12)   Agricultural attractions; and
      (13)   Agricultural estate dwelling site.
      (14)   The intent of this division (B) is not to encourage the creation of a large number of agricultural estate dwelling sites (AEDS) but such intent is to allow the “subdivision” or sale, of a portion of a larger tract of land, whereby the smaller parcel created is to be used primarily for dwelling site purposes, upon the following more specific requirements.
         (a)   The AEDS must consist of one or more of the following:
            1.   An existing farmstead site (an existing vacant home and accessory unit of buildings) on farm-ranch land;
            2.   A parcel which would allow a conveyance of property to be used for dwelling purposes; and
            3.   A parcel of marginal usage land (“marginal usage” defined as “land with little, or relatively little, agricultural productivity capability”).
         (b)   Each AEDS with frontage on an existing dedicated public road, shall have a minimum width of 150 feet (as a “front lot” width). In the event such AEDS is of an interior-section type, it shall have a dedicated access road, at least 25 feet in width, to a dedicated public road. Access road(s) serving AEDS shall be separated by a distance of no less than 1,000 feet from another access road, along a dedicated public road. Exception: less than 1,000 feet shall be approved by the State Department of Roads or city Development Services Department, whichever is applicable.
         (c)   Each AEDS shall be a minimum of two acres and a maximum of 20.
         (d)   For each AEDS, the owner shall reserve the balance of the 80 acres of vacant or agricultural land (such 80 acres may, however, have dwelling permitted by division (B)(11) above). This reservation shall be required (reserved) for as long as the reserved land is zoned A Agricultural District. The City Planning Commission and the City Council may permit the creation of an AEDS out of less than 80 acres of reserved land, in certain situations, in the event that the intent of this subsection is maintained. Each 80-acre tract (or less) shall serve the reservation requirements of only one AEDS.
         (e)   Each AEDS shall be shaped and located so as to allow accurate plotting on the official zoning map of the city (such as, abutting on lines identifiable as a segment of section, such as a section line or a one-fourth section line, or upon other readily identifiable features). Additionally, each AEDS shall be subject to the provisions for preliminary plat procedure and requirements from Chapter 21 of this code of ordinances.
         (f)   In reviewing an application for an AEDS, the Planning Commission and the City Council shall take into consideration the effect of such an AEDS upon utilities, roads, drainage, terrain, usage, zoning, future subdividing, and the like. If approved, the AEDS parcel, along with the reserved tract, shall be noted by the Development Services Department, for future reference.
         (g)   To obtain an AEDS, an application for the same shall be presented by the owner(s) to the city Development Services Department. The application shall be reviewed by the Planning Commission, at a regular meeting of the same, and if approved, referred to the City Council for its approval. If approved by the City Council, there shall then be prepared a “certificate” identifying the AEDS, which certificate shall be filed in the real estate records of the county.
         (h)   In the event that after approval an AEDS is no longer actually used for a purpose in existence upon such approval (because of which purpose, such approval was given), then the approval granted by the City Council shall automatically be revoked.
         (i)   Each agricultural estate dwelling site shall be a minimum of two acres for each dwelling, (maximum of two dwellings per site), excluding any and all easements and rights-of-way with a maximum upwards of 20 acres.
         (j)   Before any final action can be taken, the applicant shall submit a receipt from the County Treasurer’s office showing that all current property taxes have been paid.
   (C)   Special permit uses.
      (1)   Accessory single-family dwelling for persons customarily employed or engaged in farming and ranching;
      (2)   Cemetery;
      (3)   Church;
      (4)   Community center (public);
      (5)   Educational and charitable institutions;
      (6)   Florist;
      (7)   Fruit and vegetable stand;
      (8)   Hospital;
      (9)   Lodge or club;
      (10)   Nursery for flowers and plants;
      (11)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone;
      (12)   Temporary storage of grain, for not to exceed 60 consecutive days (and a permit for which may be renewed for not to exceed 60 consecutive days), outside a building or structure subject the following additional conditions, to be set forth in the permit.
         (a)   The grain shall be placed on a concrete floor or some other type of waterproof material that, as determined by the Development Services Director, is equal to a concrete floor.
         (b)   No part of the grain shall be placed, or caused or permitted to be closer to any property line than any building setback line that has been platted or is required in the zone to which the tract of land is subject.
         (c)   The permit shall be subject to revocation by the Commission, if the Commission, subsequent to granting the permit, shall determine that the grain, or conditions incidental thereto, or the manner in which the grain is being handled constitutes a public nuisance; and, upon such a determination, the holder of the permit shall promptly comply with any order of the Commission concerning removal or other disposition of the grain.
         (d)   Provided, no permit for such a use shall be issued and delivered until the permittee shall have executed and delivered to the Development Services Director a written agreement which, as determined by the Director, indemnifies and holds harmless the city, its officers, and employees and members of the Planning Commission, against any and all claims of liability for injuries or damages to persons or property caused, in whole or in part, by the presence of the grain; by conditions occurring, in whole or in part, because of presence of the grain or the manner in which the grain is delivered, piled, moved, removed, or otherwise handled; and by any acts of commission or omission on the part of any persons, whether or not the permittee or third persons for whose acts or omissions liability otherwise might or might not be imputable to the permittee. The terms “warehousing” and “wholesaling” shall not be construed to apply to the storage of grain outside a building or structure.
      (13)   Wind energy conversion systems.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Garage
12.5
Single- family dwelling
20
-
1
50
50
20
0
75
Minimum lot area/dwelling unit = 20 acres
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
(Ord. 4072, passed - -2012; Ord. 4270, passed 1-3-2022)

§ 25-3-20 AR AGRICULTURAL RESIDENTIAL.

   (A)   Intent. The intent of a (AR) Agricultural District is to provide a transition from agricultural and ranching to low density residential development. In this zone are permitted large residential estates with accompanying agricultural land uses that do not conflict with residential uses.
   (B)   Principle permitted uses.
      (1)   Agricultural uses; general;
      (2)   Florist;
      (3)   Home occupations;
      (4)   Irrigation facilities;
      (5)   Municipal uses;
      (6)   Single-family dwelling;
      (7)   Stable; and
      (8)   Tourist information booth.
   (C)   Special permit uses.
      (1)   Cabinet shop;
      (2)   Church;
      (3)   Community center (public);
      (4)   Educational and charitable institutions;
      (5)   Fire stations;
      (6)   Fruit and vegetable stand;
      (7)   Hospital;
      (8)   Kennel; dog;
      (9)   Lodge or club;
      (10)   Nursery for flowers and plants; and
      (11)   Temporary building or contractor’s storage and construction yard, incidental to the construction of a residential development or a real estate sales office to be used in marketing lots in a new subdivision, may be permitted if such a building or structure complies with all height and area requirements for the zone.
   (D)   Performance standards.
      (1)   Area and bulk regulations.
 
Use
Minim um Lot Size (Sq. Ft.)
Minim um Lot Width (Sq. Ft.)
Maxim um Covera ge (%)
Maxim um # of Dwelli ng Units
Setbacks
Side Stre et (Ft.)
Area
(Sq. Ft.)
Floor Maxim um Height (Ft.)
Fro nt (Ft.)
Rea r (Ft. )
Interi or Side (Ft.)
Garage
12.5
Single- family dwelling
5 acres
1
50
50
20
50
0
75
Minimum lot area/dwelling unit = 5 acres
 
      (2)   Accessory building/garage; detached.
         (a)   A detached accessory building must be located at least ten feet from the main building.
         (b)   On an existing reversed corner lot, a detached accessory building or garage may project into the side yard nearest the rear lot line if it does not extend beyond the front yard setback of the main structure, and if entrance to the garage is from the side street, the garage must be set back from the side street property line a distance of not less than 20 feet.
      (3)   Accessory building; attached. A building which if detached from the main building would constitute an accessory building may be connected to the main building by a breezeway or similar structure, and in such event shall meet all requirements for the main building.
    (E)   Special regulations for AR-1 Zoning District. The following rules are applicable in AR-1 Zoning District.
      (1)   No pens or buildings primarily used for the housing of any livestock, swine, or fowl may be located closer than 50 feet from the lot line.
      (2)   No more than 3% of the lot size may be used for pens, corrals, or buildings for the housing of livestock, swine, or fowl.
      (3)   All fowl or swine shall be confined within pens, corrals, or buildings.
      (4)   No horses may be kept on a lot smaller than one-fourth acre. The number of horses on the lot may not exceed one per one-fourth acre. Colts are considered as horses within the meaning of this rule.
      (5)   No sheep shall be kept on a lot smaller than one-fourth acre. The maximum number of sheep allowed on the lot is three sheep per acre. Lambs are considered sheep within the meaning of this rule.
      (6)   No cattle may be kept on a lot smaller than one acre. The number of cattle may not exceed three per acre. Calves and steers are considered cattle within the meaning of this rule.
      (7)   No swine may be kept on a lot smaller than four acres. The number of swine may not exceed one per acre. Immature swine are considered swine within the meaning of this rule.
(Ord. 3951, passed - -2007)

§ 25-3-23 GENERAL REQUIREMENTS.

   (A)   Accessory buildings. Accessory buildings, regardless of the direction they face, may not project beyond the rear of the main building. Accessory structures under 200 square feet shall be anchored to a four-inch concrete slab, pier footings, or secured by some other means approved by the Development Services Director or his/her designee.
   (B)   Building projections; lateral. Eaves may extend into the front yard and rear yard setback area not to exceed a distance of two feet, but may not extend into a side yard setback area. Porches, covered porches, decks, platforms, or terraces not over three feet above the average level of the adjoining ground may extend eight feet into the required front yard. This exception shall not exceed any more than eight feet into any front yard setback established in the zoning district. Covered porches, decks, platforms, or terraces shall not be enclosed with any solid material, such as screening, siding, plywood, or other solid material normally used for outside wall covering. Any railing shall comply with the requirements of the adopted Building Code and shall be at least 50% open to the passage of air and light. Open or enclosed fire escapes, fireproof outside stairways, or balconies may not project more than five feet into a yard, nor more than three and one-half feet into a court.
   (C)   Buildings and structures; projections; vertical. In measuring height of buildings or structures for compliance with this chapter, the following parts of buildings or structures are not included, except where expressly otherwise provided; parapet walls not more than four feet high; chimneys, cooling towers, elevators, bulkheads, fire towers, grain elevators, penthouses stacks, stage towers or scenery lofts, sugar towers, ornamental tanks, radio or television towers, ornamental towers, monuments, cupolas, domes and spires, and necessary mechanical appurtenances; provided, such projections shall not be so placed as to obstruct light or ventilation.
   (D)   Covered patio or porch. A covered patio, porch, or similar accessory structure must comply with all yard area and space requirements applicable to an attached or detached accessory building, whichever is applicable. A front covered patio or porch shall not be enclosed. If a front covered patio or porch is enclosed, it shall no longer fall under this division (D) and shall be considered part of the building.
   (E)   Carport. A carport may be attached to the main residence. If the carport is open on two sides, it may be built to the interior property line. The interior lot line side of the carport shall not be enclosed. Stormwater runoff from the carport roof shall not drain onto adjoining property. There shall be an opening of a width of not less than 36 inches and of a height not less than that of a standard door to allow transportation between the front and back yards.
   (F)   Common area. Where a building adjoins an area held in common with other property owners in the immediate vicinity, the roof overhang of the building may encroach into the commonly held area provided that the minimum spacing between buildings as mandated by the applicable Fire Prevention Code is maintained.
   (G)   Corner lot; obstructions. No building or structure, or a part thereof, may be built on a corner lot in any R District, or residentially used lot or tract of land, within a triangular area bounded by the lot lines abutting two intersecting streets and a line connecting a point lying on each lot line 20 feet from the point of intersection of the lot lines. Shrubs within this area may not exceed three feet in height and trees therein must be trimmed to a height above the curb or established street grade of at least eight feet.
   (H)   Corner lot; side street. A building on a corner lot shall be set back from the side street not less than one-half of the distance required by this chapter for a front building setback. In Districts C-1, C-2, and C-3, no building or structure, or any part thereof, shall be constructed within a triangular area at the street corner of a lot or tract which has, as its sides, sides herein designated and described. Side A shall consist of a side that borders the lane of traffic approaching the intersection, and that is 15 feet in length. Side B shall consist of a side that borders the lane of traffic leaving the intersection and that is five feet in length. Side C shall be the hypotenuse.
   (I)   Decorative structures. A special permit may be issued to erect in a front setback area a decorative structure, exclusive of signs, which does not have a height in excess of three feet above the ground.
   (J)   Feedlots. New feedlots and the expansion of existing feedlots are not permitted within the city’s zoning jurisdiction.
   (K)   Hotels and motels; lot area. Lot area requirements for dwelling units apply to hotels and motels which provide kitchen facilities in any room, suite, or apartment.
   (L)   Lot dimensions; reduction. After the effective date of this chapter, no lot area, size, or other dimension may be reduced below the minimum lot area, size, or other dimension required by this chapter. If the area, size or other dimension is below such minimum requirements when this chapter becomes effective, it may not be reduced further.
   (M)   Particular streets; setbacks. All buildings and structures, except fences and signs, shall be set back from the following streets not less than the following distances:
      (1)   From east side of 1st Avenue between East 15th Street and East Overland: ten feet;
      (2)   From east side of 1st Avenue between East 19th and East 20th Streets: ten feet;
      (3)   From both sides of Broadway Avenue between the south city limits and West Overland Drive: 20 feet;
      (4)   From both sides of West 27th Street between Broadway Avenue and the west city limits: 20 feet; and
      (5)   From both sides of East Overland Drive between Railway Street and the east city limits: 20 feet. If setbacks required by other provisions of this chapter are greater than those specified in this section, the setback requirements of such other provisions shall govern.
   (N)   Railroad intersection. No building or other structure may be placed on a triangular tract of land which on one side abuts a public street that is intersected by a railroad track, on a second side abuts the railroad right-of-way, and the third boundary line which, extended, intersects the centerline of the nearest rail and the nearest right-of-way line of the street at points respectively, which are less than 50 feet distant from the point of intersection of such centerline of the nearest rail and such right-of-way line of the street extended.
   (O)   Rear yard; depth; area. In computing depth or area of a rear yard for a lot whose rear yard opens into an alley, one-half of the width of the alley is considered to be part of the yard.
   (P)   Semi-detached dwellings; bungalow court; setbacks. For purposes of the application of front, side, and rear yard setbacks, a semi-detached (two-family) dwelling or a bungalow court is considered to be one building occupying one lot.
   (Q)   Setbacks; front. Front yard setback requirements apply to that part of the yard abutting a front street whether the building on the lot fronts on the front or a side street. A building on a corner lot shall be set back form the side street not less than one-half the distance required by the chapter for a front building setback. In Districts C-1, C-2, and C-3, no building or structure, or any part thereof, shall be constructed within a triangular area at the street corner of a lot or tract which has, as its sides, sides herein designated and described. Side A shall consist of a side that borders the lane of traffic approaching the intersection and that is 15 feet in length. Side B shall consist of a side that borders the lane of traffic leaving the intersection and that is five feet in length. Side C shall be the hypotenuse. Accessory buildings, regardless of the direction they face, may not project beyond nor into any yard required by the chapter, nor may they be located in such yard.
   (R)   Setbacks; plat. If setbacks greater than required by this chapter are shown in a recorded plat of an addition or subdivision which has been approved by the City Council, compliance shall be had with the setbacks shown in the plat.
   (S)   Setbacks; quarter section lines. If a track abuts upon or is adjacent to a quarter section line on which no public street, alley, highway, road, or way has been established, the front and rear setback requirements for buildings and structures which are established elsewhere in this chapter shall apply to that part of the tract which so abuts or is so adjacent as if the quarter section line were the centerline of a platted street which is 100 feet in width, and as if the tract or, as the case may be, part of the tract fronted on such street.
   (T)   Subdivided lot; noncompliance; special permit. Anything in this article to the contrary notwithstanding, if the City Council shall have approved the subdivision of a lot (whether by approval of a final replat or approval of a subdivision without a plat) into two or more tracts on each of which there has existed since prior to June 10, 1974 one or more residence buildings, and after the subdivision one or more of such tracts or buildings shall not comply, because of such subdivision, with one or more other requirements of this article, the Planning Commission, upon an application made pursuant to Article 16 of this chapter and compliance with all other requirements of such article, may issue a special permit waiving such noncompliance with this article, subject to such conditions, if any, as the permit may prescribe.
   (U)   Swimming pool; location. A swimming pool or similar accessory structure may not be located in either a front or side yard setback area.
   (V)   Use of land and public utility. The use of land (exclusive of public streets and alleys) and buildings in any location for public utility (whether publicly or privately-owned) purposes which the Commission finds reasonably necessary for the public convenience and welfare. The permits authorized in divisions (C) and (D) above may not be granted for more than one year, but may be renewed for periods not exceeding one year each for written application made at least 30 days before the one period expires.
   (W)   Uses; illegal; existing. No use of any lot, tract of land, building, or structure which was illegal at the time this chapter was enacted is made legal by the enactment of this chapter unless the use conforms fully to the requirements of this chapter.
   (X)   Uses requiring special permit. The following uses which, in absence of a special permit granted by the Planning Commission, are not permitted in any zone or, as the case may be, if certain zones are permitted if the Planning Commission grants a special permit for the use:
      (1)   Accessory living quarters for persons employed in agricultural work on the land;
      (2)   Animal hospital or dog kennel;
      (3)   Slaughtering of animals or poultry;
      (4)   Outdoor amusement enterprises;
      (5)   Cemetery;
      (6)   A family child care home which is already permitted in a zone when providing care for more than 12 hours per day. Provided that any individual child may only be present for 12 hours or less per day but the family child care home may operate any time of the day or night after a special permit is approved;
      (7)   Drive-in theater;
      (8)   Golf course or driving range;
      (9)   Hospital, sanitarium, or chemical dependency rehabilitation facility;
      (10)   Livestock feeding or sale yard;
      (11)   Nuisance-producing agricultural use;
      (12)   Nursing home;
      (13)   Private club or social center;
      (14)   Sand or gravel pit or plant, borrow pit, stripping of top soil, or recycling concrete rubble and the retail sale of the resulting product;
      (15)   Private or parochial school or similar institution;
      (16)   Oil or gas well; and
      (17)   Facility providing temporary care for runaway or homeless minors. The term “runaway or homeless minors” includes, but is not limited to, minors of that description who are placed in the facility by order of a court or by other public agency.
   (Y)   Yard space; openness. Except as otherwise permitted in this article, the minimum required yard must be open above its lowest point to the sky. A yard or open space required for one building or structure may not be used to fulfill a yard or open space required for any other building or structure.
(Ord. 3951, passed - -2007; Ord. 3971, passed - -2008; Ord. 3985, passed - -2009; Ord. 4056, passed - -2011; Ord. 4208, passed - -2017)

§ 25-3-25 MISCELLANEOUS REGULATIONS.

   (A)   Basement garages; grade. No basement garage may be constructed with a front entrance below the established grade nor may such an entrance be constructed in an existing building or structure, unless proper drainage, as determined by the Development Services Director, is provided.
   (B)   Buildings, structure; design; construction. No building or structure may be erected or structurally altered unless its architectural design and construction conforms to applicable provisions of this chapter insofar as such conformity may be accomplished without unreasonable hardship or substantial interference with the lawful intended use of such building or structure.
   (C)   Dwelling unit; inside entrance. Rooms within a dwelling unit must have their principal entrance from inside the dwelling unit.
   (D)   Ground cover, surfacing. Front yard and side yard setback areas may be landscaped and maintained with low ground cover, except in the case of an approved off-street parking area. Asphaltic concrete, masonry, rock, gravel or other forms of artificial surfacing may not be used as a principal ground cover.
   (E)   Manufactured homes.
      (1)   A manufactured home shall be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot.
      (2)   Manufactured homes shall meet the following standards:
         (a)   The home shall have no less than 900 square feet of floor area;
         (b)   The home shall have no less than an 18-foot exterior width;
         (c)   The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run;
         (d)   The exterior material shall be of a color, material, and scale comparable with those existing in residential site-built, single-family construction;
         (e)   The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock; and
         (f)   The home shall have wheels, axles, transporting lights, and removable towing apparatus removed. Mobile home parks shall be excluded from these guidelines. All manufactured (mobile) homes shall meet the standards set forth in the HUD - manufactured housing & standards or verification of HUD standard upgrades.
   (F)   Multiple unit buildings; exits. Each dwelling unit in a multiple unit residence building, or in a multiple use building, shall have a front and rear exit, or an exit to a corridor on the same level which has a front and rear exit.
   (G)   Public storage garages; location. No public garage used only for storing motor vehicles may have either a motor vehicle entrance or exit which is within 200 feet of an entrance or exit of any existing public or private school playground, public library, religious assembly, hospital, children’s home or nursing home, or a similar public or private institution. No public or private school playground, public library, religious assembly, hospital, children’s home, nursing home, or a similar public or private institution may be built within 200 feet of either the motor vehicle entrance or exit to a public garage used for storing motor vehicles.
   (H)   Public street; abut; necessity. No building or structure shall be so constructed on a lot or tract of land which does not abut on a public street for a distance of at least 20 feet.
   (I)   Railroad premises; tracks; docks. A railroad right-of-way may be used for railroad or spin-tracks. Loading and unloading platforms or structures may be located on a railroad right-of-way only if the abutting property is in a C-3 or M District and no R District is within 300 feet of the platform or structure on the same side of the right-of-way.
   (J)   Single-family dwelling; walls. A single-family dwelling shall be constructed as a single building with connecting walls. The plane surface of any connecting wall shall be at least eight feet in length.
   (K)   Quonset; R District. No quonset-type building or structure may be built or placed on any lot or tract of land in an R District.
   (L)   Shipping containers.
      (1)   Shipping containers defined. For the purposes of this chapter, a SHIPPING CONTAINER shall mean any container, which may otherwise be known as a container, freight container, ISO container, shipping container, high-cube container, box, C container or container van, designed to store and move materials and products across various modes of the Intermodal Freight Transportation System.
      (2)   General restrictions for shipping containers.
         (a)   A shipping container may be placed in the front yard setback only if being used for moving or relocating purposes.
         (b)   A shipping container may not be placed within the site triangle as defined in § 25-2-104.1 of this chapter.
         (c)   A shipping container may not exceed eight feet in width, nine feet in height or 40 feet in length.
         (d)   A shipping container must be kept out of easements, public rights-of-way, and setbacks except as otherwise provided for in this code.
         (e)   A shipping container may be placed on a lot without a permit if it is incidental to the permitted construction activities on the same lot. The shipping container must be removed at the completion of the construction project or expiration of the building permit.
      (3)   Residential zoning districts. A shipping container is allowed on a temporary basis only if a valid permit is issued by the city’s Planning and Development Department. No shipping container shall be allowed, except on a temporary basis for moving or actually used for construction activities, in all residential zoning districts. A shipping container may be allowed on a developed lot for a period of 30 days if used for moving or if used for construction activities as set forth in division (L)(2)(e) above. If additional time is required, the owner of the lot may apply for one 30-day permitted extension.
      (4)   Commercial zoning districts. Shipping containers may be used only for storage or shipping by the occupant of the lot in all commercial zoning districts only as an accessory building provided:
         (a)   A valid permit for its use is issued by the city’s Planning and Development Department;
         (b)   All shipping containers are located in areas not generally utilized by the customers of the commercial business and where shipping and receiving are conducted on the lot;
         (c)   All shipping containers are maintained and kept in good repair with no holes and rust and must be adequately secured to prevent entry by unauthorized people;
         (d)   All shipping containers must be placed on a level surface with a base of rock or concrete/pavement so as to prevent any settling of the shipping container while it is on the lot;
         (e)   Comply with the requirements of division (L)(5) below; and
         (f)   Comply with all requirements for accessory building.
      (5)   In AG, C-l, C-2, C-3, M-l, and M-2 Zoning Districts, no shipping containers shall be allowed except as provided:
         (a)   A building permit is required for a shipping container which will remain on the lot for a period greater than six months and used for on-site storage of material incidental to the permitted or accessory use of the lot. The building permit must be procured through the Planning and Development Department of the city;
         (b)   A shipping container located in a front or side yard must be painted so no signage or language is visible;
         (c)   A shipping container may not be connected to any city utility;
         (d)   A shipping container must be kept in good repair with no holes or rust; and
         (e)   A shipping container must be placed on a level surface with a base of rock or concrete so as to prevent any settling of the shipping container while it is on the lot.
(Ord. 4072, passed - -2012; Ord. 4191, passed - -2016; Ord. 4303, passed 5-1-2023)