Seminole City Zoning Code

   (A)   Characteristics. The characteristics of the A-1 Agricultural District are a zone to protect undeveloped areas from intensive uses until a use pattern is approved and the area is rezoned.

   (B)   General uses. The following and all essentially similar uses are permitted in this zone:

       (1)   Fire and police stations;

      (2)   Golf courses;

      (3)   Livestock on lots of one acre or larger if no structure for retail sale of such livestock is maintained on the premises, provided such use is not prohibited by existing ordinances. No horses or cattle and no other animals except household pets shall be bred, raised or maintained within 500 feet of any R Residential Zone;

      (4)   Nursery and greenhouse;

      (5)   Public and parochial schools, not including industrial trade schools;

      (6)   Single-family homes as regulated in R-1 Zone;

      (7)   Truck garden; and

      (8)   Utility substation.

   (C)   Accessory uses. Accessory uses in the A-1 District are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the area:

       (1)   Agricultural buildings; and

      (2)   Guesthouses and employees’ quarters.

   (D)   Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and after the Planning Commission has approved the site plan:

      (1)   Aircraft landing fields;

      (2)   Boarding school;

      (3)   Broadcasting towers for radio and television;

      (4)   Churches;

      (5)   Country clubs;

      (6)   Nursing home;

      (7)   Orphanage;

      (8)   Public building;

      (9)   Shipping container (subject to review and approval by the Planning Commission on an annual basis);

      (10)   Signs and outdoor advertising; and

      (11)   Warehouse, mini.

   (E)   Area regulations. Any A-1 Zone lot established and any structure erected on any A-1 Zone lot after the initial effective date hereof shall comply with the following regulations.

      (1)   Front yard. Minimum depth is 30 feet.

      (2)   Side yard.

         (a)   Minimum side yard is ten feet.

         (b)   Minimum side yard on street side of corner lot is 20 feet.

      (3)   Rear yard. Minimum rear yard except where alley is platted is ten feet.

      (4)   Lot width. Minimum lot width at building line is 125 feet.

      (5)   Intensity of use.

         (a)   Minimum lot area is one acre.

         (b)   Minimum space between unconnected buildings on the same lot is 15 feet.

   (F)   Height regulations. No building shall exceed two and one-half stories in height except as provided in § 156.047.

   (G)   Nonconforming uses.

      (1)   Nonconforming uses include any use not before mentioned under general, accessory or conditional uses. The Planning Commission shall have the authority to permit nonconforming uses in agricultural districts under special written agreements between the city and the owner or occupier of the use. The agreements will detail existing and future use, site design, parking, building and setback requirements, and highway ingress and egress.

      (2)   Nonconforming uses will only be permitted if it is determined that the use is beneficial to the community.

(Prior Code, § 12-3D-1) (Ord. 1021, passed 2-14-2006; Ord. 1029, passed 3-14-2006; Ord. 1056, passed 11-13-2007; Ord. 1075, passed 3-11-2008)

   (A)   Characteristics. The characteristics of the T-1 Transitional District are a buffer zone that allows the gradual conversion of residence on the fringe of a commercial area into uses that are incidental to the businesses but not harmful to the residential character of the neighborhoods.

   (B)   General uses. The following and all essentially similar uses are permitted in this zone:

       (1)   All uses allowed in R-3 Multiple-Family Dwelling District;

      (2)   Administrative, executive, professional and research offices;

      (3)   Apothecaries and drugstores;

      (4)   Art gallery;

      (5)   Government offices;

      (6)   Hospital and clinic;

      (7)   Medical and biological laboratories;

      (8)   Mortuary and funeral home;

      (9)   Parking lot; and

      (10)   Professional schools and studies.

   (C)   Accessory uses. Accessory uses in the T-1 District are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone.

   (D)   Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and after the Planning Commission has approved the site plan: shipping container (subject to review and approval by the Planning Commission on an annual basis).

   (E)   Area regulations. Any T-1 Zone lot established and any structure erected on any T-1 Zone lot after the initial effective date hereof shall comply with the following requirements.

      (1)   Front yard. Minimum is 20 feet.

      (2)   Side yard.

         (a)   Minimum side yard is five feet.

         (b)   Minimum side yard on street side of corner lots is 15 feet.

      (3)   Lot width. Minimum is 50 feet.

      (4)   Intensity of use.

         (a)   Minimum lot area is 6,500 square feet.

         (b)   Minimum space between unconnected buildings on the same lot is ten feet.

         (c)   Minimum unobstructed open space per dwelling unit is 1,500 square feet.

      (5)   Off-street parking. Buildings shall be provided with a yard area adequate to meet off-street parking requirements set forth in § 156.065 through 156.072.

   (F)   Height regulations. No buildings shall exceed three and one-half stories or 45 feet in height except as provided in § 156.047.

(Prior Code, § 12-3D-2) (Ord. 1056, passed 11-13-2007)

   (A)   Characteristics. The characteristics of the F-1 Floodplain District are a zone for land that is unsuitable for many uses because it is subject to periodic or occasional inundation.

   (B)   Permitted uses. The Planning Commission may approve any use such as agricultural uses, public recreation, trailer courts, equipment yards, quarries and the like, that is in harmony with the zone adjacent to the flood zone at that point, if adequate protection against flooding and adequate waste disposal is provided.

(Prior Code, § 12-3D-3)

   (A)   General description. The Planned Unit Development District (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that conforms to the goals and policies of the city comprehensive plan. The PUD is subject to special review procedures, and once approved by the City Council, it becomes a special zoning classification for the property it represents.

   (B)   Intent and purpose.

      (1)   Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties;

      (2)   Permit flexibility within the development to maximize the unique physical features of the particular site;

      (3)   Encourage efficient use and reuse of land, and facilitate economic arrangement of buildings and circulation systems;

      (4)   Achieve a continuity of function and design within the development that results in an economically feasible project that conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood; and

      (5)   Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety and general welfare of the citizens.

   (C)   Planned unit development authorized. A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the Planning Commission and City Council, provided it complies with the requirements contained herein.

   (D)   Location and uses.

      (1)   Principal uses. A PUD shall be considered a special zoning district, an overlay, floating zone or district, and it may be authorized for any use or combination of uses permitted in this chapter. The PUD may also include uses not otherwise permitted in this chapter, provided the location and development of such uses conform to the policies of the comprehensive plan.

      (2)   Accessory uses. Accessory uses customarily incidental to the principal uses within the PUD are permitted.

      (3)   Accessory commercial. In addition to accessory uses customarily incidental to a permitted principal residential use, accessory use, accessory commercial facilities may be included within the residential portion of a PUD in accordance with the following standards.

         (a)   Accessory and conditional uses are subject to their appropriate review procedures.

         (b)   The following uses shall be restricted from accessory and conditional commercial uses:

            1.   Dance halls;

            2.   Flea markets;

            3.   Gasoline and oil retail distributing plant;

            4.   Sanatorium;

            5.   Laboratories, research testing, experimental;

            6.   Nightclub;

            7.   Private wind energy conversion systems;

            8.   Funeral parlor or mortuary;

            9.   Marijuana business; and

            10.   Storage container sales.

         (c)   Mini storages, outdoor storage space and other storage spaces may be constructed subject to application and approval by Planning Commission. No storage areas shall be constructed within 150 feet of a State Highway located in the PUD. Entrance and offices are not included in the term storage areas.

      (4)   The aggregate floor area of the accessory commercial facilities shall not exceed 50 square feet per dwelling unit nor a total of 30,000 square feet.

      (5)   Each accessory commercial establishment, except private clubs or lodges or restaurants, shall be limited to a maximum of 3,500 square feet of floor area.

      (6)   The accessory commercial uses shall be internally oriented, designed primarily for the service, convenience and benefit of the residents of the PUD, and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties. No freestanding accessory commercial structure shall be located within 300 feet of the perimeter of a planned unit development without prior approval.

   (E)   Signs; general use conditions. Signs accessory to residential uses or uses permitted by exception in residential districts shall comply with the provisions of the residential districts. Business signs accessory to the principal office, commercial or industrial uses shall not exceed the following limitations, provided the approving authority may impose such additional restrictions as are necessary to maximize compatibility with other neighboring uses.

      (1)   No off-premises signs shall be allowed.

      (2)   No roof, projecting, flashing (does not include time and temperature signs), animated or revolving signs are permitted.

      (3)   No ground sign shall be located within 150 feet of any residential area, either within or abutting the PUD, unless separated by an arterial street.

      (4)   Any ground sign shall maintain a minimum separation of 100 feet from any ground sign.

      (5)   Ground signs shall not exceed 25 feet in height, measured from the mean curb level of the lot upon which it is erected; except, a sign when located behind the building setback line may exceed 25 feet, but shall not exceed 40 feet in height, or pole signs at a maximum height of 50 feet.

      (6)   Only one side of a double face sign shall be included in the computation of a display surface area.

      (7)   The following signs shall not be included in the computation of display surface area:

         (a)   Nameplates, attached to the face of the wall and not exceeding two square feet in surface area;

         (b)   Temporary real estate and construction signs (to conform with § 156.027(C));

         (c)   Signs which are not visible from a public street;

         (d)   Signs painted on the glass surface of windows or doors and pertaining to the business conducted therein;

         (e)   Tablets built into the wall of a building or other structure and used for inscriptions or as memorial tablets or for similar purposes;

         (f)   Signs or warning, directive or instructional nature erected by a public utility, franchised transportation company or governmental agency;

         (g)   Legal notices and street numbers;

         (h)   Election campaign signs, if erected not more than 45 days prior to an election and removed within seven days following an election;

         (i)   Signs located within a building;

         (j)   Signs, not exceeding three square feet of display surface area, of a warning, directive or instructional nature, including entrance, exit and restroom signs; and

         (k)   Signs which are attached as labels of a commodity offered for sale.

   (F)   Bulk and area requirements.

      (1)   Intensity of use. It is the intent of this chapter that the aggregate intensity of use within the planned unit development remain substantially the same as that which would be permitted if the area were developed conventionally, but that within the development, the intensity may be reallocated irrespective off the general zoning district boundaries.

         (a)   Residential intensity.

            1.   The residential intensity shall not exceed a maximum number of dwelling units computed as follows.

 

 

            2.   The minimum land area per dwelling unit, for the purpose of the computation described in this section, shall be the least restrictive minimum land area per dwelling unit permitted by Planning Commission upon approval of a design statement.

         (b)   Nonresidential intensity.

            1.   The nonresidential intensity shall not exceed a maximum permitted floor area computed as follows.

 

 

            2.   The intensity of use of a PUD located within two or more zoning districts of the following differing general classifications: residential and commercial, shall be separately calculated and allocated within the planned unit development by said general classification.

      (2)   Minimum lot width and lot area. Within a PUD, a minimum lot size requirement of 4,000 feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of 40 feet shall apply to lots utilized for dwelling purposes. When, however, lot areas or widths are less than would be required by the underlying zoning district, special design features such as building design, screening walls or fences and/or zero lot line placement shall be incorporated in the PUD to assure as much or more privacy and separation as would be achieved by complying with standard lot area and width requirements.

      (3)   Livability space. Within a PUD, livability space shall be provided in an aggregate amount of not less than the amount of livability space required by the applicable use district for conventional development of a comparable number of dwelling units.

      (4)   Building height and yards. Within a PUD, the Planning Commission shall prescribe building height limitations and minimum yards, which shall be incorporated within the subdivision plat in compliance with the provisions of division (L) below.

      (5)   Setbacks from abutting public streets.

         (a)   Within a PUD, building setbacks from abutting public streets, for residential use, shall not be less than as prescribed for R-1Z, R-1, R-2 or R-3 Districts as set out in §§ 156.155 through 156.160. This shall be cumulative of street/utility easement and setback space.

         (b)   Within a PUD, building setbacks from abutting public streets for nonresidential use shall not be less than as prescribed for a commercial district (C-1, C-2, C-3, HC) as set out within §§ 156.175 through 156.178.

   (G)   Off-street parking and loading. Off-street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of §§ 156.065 through 156.072. Required spaces may be provided on the lot containing the uses for which it is intended to serve or in common areas. Common parking area shall be designed and located so as to be accessible to the uses it is intended to serve. Provisions for the ownership and maintenance of common parking space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of division (L) below.

   (H)   Administration of planned unit development.

      (1)   General. Any person, corporation, partnership, association or combination thereof, owning or possessing a property right or interest in or to a tract of land may make application for the supplemental district designation PUD. Such application shall be accompanied by an outline development plan processed in the manner set forth in division (I) below. An application for the supplemental district designation PUD may be processed simultaneously with an application for an amendment to the general zoning district and made contingent upon approval of said application.

      (2)   Application and outline development plan. An application for a planned unit development shall be filed with the Planning Commission. The application shall be accompanied by a fee in accordance with the established fee schedule. The application shall be in such form and content as the Planning Commission may, by resolution, establish, provided that three hard copies or one digital copy of an outline development plan shall accompany the filing of the application. The outline development plan shall consist of maps and text which contain:

         (a)   A site plan;

         (b)   Existing topographic character of the land, including identification of floodplain areas, treed areas, slope analysis and soil analysis;

         (c)   An explanation of the character of the PUD;

         (d)   The expected schedule of development;

         (e)   Detailed landscaping plan; and

         (f)   Elevation and perspective drawings of the proposed buildings.

   (I)   Planned unit development submission requirements.

      (1)   The developer of a PUD shall follow a four-step application and review procedure:

         (a)   Application for rezoning, submission of a PUD master plan, including the design statement and master development plan map;

         (b)   Preliminary plat, where required by the subdivision regulations;

         (c)   Final plat, where required by the subdivision regulations; and

         (d)   Application for building permit and site plan review.

      (2)   Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted on divisions (I)(1)(c) and (I)(1)(d) above. The Planning Commission and City Council may, however, review more than one step at the same public hearing.

   (J)   Public hearing and Planning Commission action.

      (1)   The Planning Commission, upon the filing of an application for the PUD supplemental district designation, shall set the matter for public hearing and give proper notice as provided in § 156.010(A). Within 60 days after the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:

         (a)   Whether the PUD is consistent with the comprehensive plan;

         (b)   Whether the PUD is in harmony with the existing and expected development of the surrounding area;

         (c)   Whether the PUD is a unified treatment of the development possibilities of the project site; and

         (d)   Whether the PUD is consistent with the stated purposes and standards of this chapter.

      (2)   The Planning Commission shall forward its recommendation, the application and the outline development plan to the City Council for further hearing as provided in division (K) below.

   (K)   City Council action. Upon receipt of the application, outline development plan and Planning Commission recommendation, the City Council shall review the outline development plan and approve, disapprove, modify or return the outline development plan to the Planning Commission for further consideration. Upon approval, the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.

   (L)   Planned unit development subdivision plat. A PUD subdivision plat shall be filed with the Planning Commission and shall be processed in accordance with the subdivision regulations, and in addition to the requirements of the subdivision regulations, shall include:

      (1)   Details as to the location of uses and street arrangement; and

      (2)   Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public; provided, that a dedication to the public shall not be accepted without the approval of Planning Commission, Park Board and the City Council.

   (M)   Abandonment, continuing city review, reversion or effect of alternate rezone on PUD district status.

      (1)   Property owner request. If the property owner determines to abandon the PUD zoning, he or she shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the Planning Commission and City Council.

      (2)   Continuing review by the city. If development of the PUD has not been started within two years of the date of approval of the PUD rezoning, the City Manager or designee shall request a report from the applicant/owner to determine the status of the project. The city staff shall present a report of findings to the Planning Commission that shall determine the appropriateness of holding a public hearing to consider rezoning the property to its original status. Additional two-year reviews shall be held as required.

      (3)   Alternate rezoning. An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The Planning Commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD and may require rezoning of the entire PUD.

(Prior Code, § 12-3D-4) (Ord. 1220, passed 6-12-2018; Ord. 1260, passed 11-9-2021)

   (A)   Generally.

      (1)   Purpose and intent.

         (a)   Overlay districts are for areas of the city that have unique qualities requiring special treatment or locations where special approaches to development may be warranted. They are established as a means of addressing specific aspects of land use control or development design that transcend base zoning district provisions. Overlay districts permit greater design flexibility than otherwise permitted by the conventional standards of this chapter. As the name implies, overlay districts “over-lay” applicable base district classification to alter some or all of the zoning regulations that apply to particular sites. Overlay districts may be appropriate in areas where there are natural resource considerations, where historic preservation is needed, where there is the need to balance institutional development with the need to preserve surrounding neighborhoods, to maintain community character, for infrastructure protection or to accomplish city policy objectives for specific areas.

         (b)   The purpose of overlay districts is to allow the city to establish special land use regulations, standards or procedures in areas with unique land use, site planning, building design or environmental resource issues. An overlay may protect and preserve established character of existing areas of historical note or architectural merit by limiting provisions of underlying base districts in order to more effectively match the density and intensity or established character of the area. The overlay may control demolitions and regulate the preservation, restoration and rehabilitation of existing structures as well as the design of new infill construction. The overlay may also be used to establish allowable land uses that are more prohibitive than the underlying district and to establish specific design guidelines that are more detailed than the standards of this chapter. Overlay zoning districts are intended to:

            1.   Protect an area’s rare, unique or distinctive character through the use of development/design standards and guidelines to:

                a.   Encourage development that conforms to the size, orientation and setting of existing buildings; and

               b.   Regulate building setbacks and orientation, lot dimension, site/building design and related physical characteristics that exemplify the positive characteristics of an area;

            2.   Reduce the need for zoning variances for development that conforms to the site, orientation and setting of existing buildings in an area;

            3.   Conserve cultural resources, preserve historic resources, stabilize property values and reduce investment risks within an identified area; and

            4.   Maintain and promote the economic vitality of an area; and

            5.   Establish development/design standards to implement an adopted neighborhood or area plan.

      (2)   Establishment.

         (a)   Overlay districts must be established in accordance with the zoning map amendment procedures of this section. Historic overlay districts must be established in accordance with the procedures of this section, with potential state and federal guidelines. Components that may be included in an overlay district ordinance are:

            1.   Purpose statement, tying the overlay to the goals and objectives of the comprehensive plan, citing the public necessity behind the intent and making a direct connection to protecting the public health, safety, morals, general welfare and aesthetics;

            2.   Location and area of applicability;

            3.   Spatial definitions, with rules for spatial definition as simple and understandable as possible (provide the information in a way the public can understand. Use graphics as much as possible);

            4.   Procedures for applications, specifying any additional information needed to demonstrate compliance with the overlay district regulations;

            5.   Special definitions, as needed;

            6.   Standards for review and approval to be used by review and decision-making bodies;

            7.   Permitted, prohibited and special uses;

            8.   Review and decision-making bodies charged with reviewing development applications and determining compliance with overlay district regulations;

            9.   Appeals process; and

            10.   Variance and administrative adjustment rules, if different for the overlay district.

         (b)   Multiple historic and/or neighborhood overlays may not be designated over any individual property.

         (c)   Historic, neighborhood and design review overlays and any associated standards or guidelines must reflect the prevalent intensity and consistent building design in the neighborhood, to ensure that new development reflects the identifiable physical character of the area.

         (d)   Applications for establishment of a neighborhood conservation overlay must be accompanied by the fee amount that has been established by the City Council. Application fees are nonrefundable five working days after application filing, provided that the City Planning and Development Director may grant a partial refund for good cause shown by the applicant.

         (e)   A petition requesting overlay district designation signed by a simple majority (50% plus one property owner) of the property owners within the proposed district; or

         (f)   The City Council or the City Planning and Development Director, acting on the city’s behalf.

      (3)   Design guidelines and standards.

         (a)   Overlay regulations may be used to replace all zoning or some of the base zoning restrictions. They may also be used to enact new regulations for an area.

         (b)   An overlay may encompass one or more base zoning districts.

         (c)   When overlay district standards conflict with applicable base district standards or other regulations of this chapter, the regulations of the overlay district always govern.

         (d)   When no overlay district standards are specified, the base district standards and all other applicable regulations of this chapter will govern.

         (e)   When development/design guidelines have been approved, each building permit application for new construction or exterior alteration within the designed overlay district must comply with those standards.

         (f)   Overlay district regulations may allow for the modification of any of the following standards within the city’s zoning and development regulations:

            1.   Land uses (principal or accessory);

            2.   Lot and building standards (e.g., density, lot area, setbacks, height);

            3.   Site design standards, including building coverage; required open space; location of driveways, parking pads and garages;

            4.   Landscaping and buffering standards, layout of public way, vehicular and pedestrian circulation patterns;

            5.   Sign standards;

            6.   Lighting standards; or

            7.   Other zoning-related standards necessary to address unique zoning, platting or development features.

         (g)   An overlay district may allow for restrictions on building design or placement details, including scale, mass, materials and architectural style.

         (h)   Where appropriate, an overlay may require the application of specific design guidelines in the review of development.

            1.   Such guidelines must be established as part of the overlay district at the time of adoption. The review process must be included in the design guidelines.

            2.   Guidelines for new infill construction within an overlay district may be different than those for existing buildings.

      (4)   Amendment or removal of an overlay.

         (a)   Major amendments. Major amendments to overlay district regulations must be reviewed and approved in accordance with the rezoning procedures in this chapter. Major amendments to overlay districts include one or more changes, in cumulative total (when compared to the original overlay regulations) that would:

            1.   Further restrict allowed uses;

            2.   Add and/or remove part or all of an area from the overlay boundaries;

            3.   Change design regulation requirements; or

            4.   Result in any other change that the City Planning and Development Director determines will have impacts that warrant a full review of the application.

         (b)   Minor amendments. Any application for an amendment to an approved overlay district that does not meet the criteria for a major amendment will be considered a minor amendment. Minor amendments must be approved in accordance with conditional use procedures in § 156.009.

      (5)   Variances and administrative adjustments. Within any established overlay district, applicants may seek authorized zoning variances with the Board of Adjustment, pursuant to §§ 32.085 through 32.092, except as modified by the provisions of this section but may not seek administrative adjustments pursuant to procedures outlined by said Board of Adjustment unless specifically permitted by the enabling overlay district ordinance.

      (6)   Documentation of overlays.

         (a)   Once an overlay district is approved by the City Council, the City Planning and Development Department must amend the official zoning maps to identify the overlay district boundaries and designation, together with the underlying zoning designation.

         (b)   The City Planning and Development Department must maintain a list of established overlay districts by type.

 

 

   (B)   Special character districts generally.

      (1)   Purpose. Special character overlay districts are a means for incorporating various development and/or use regulations across a specified area. These districts may be used to preserve and promote the historic and/or unique character of neighborhoods, corridors and commercial nodes.

      (2)   Special character districts. The HIRO, Harvey Road Industrial Residential Overlay, is intended to preserve and maintain the urban fabric while promoting quality uses and residences desiring to improve the area, and to encourage appropriate redevelopment by restricting certain land uses. The HIRO is generally bounded by Highway 9 on the north, Strother Avenue on the south, and one-quarter mile east and west of Harvey Road.

   (C)   Special purpose districts generally.

      (1)   Purpose. Like overlay zoning districts, special purpose zoning districts are tools for dealing with special situations or accomplishing special planning and zoning goals. Unlike overlay districts, special purpose districts are base zoning classifications; they do not overlay other base zoning districts.

      (2)   Establishment. Special purpose zoning districts may be established, amended or removed only in accordance with the zoning map amendment procedures of rezone criteria set forth in This chapter.

      (3)   List. The city’s special purpose district shall be listed below when recommended by Planning Commission and authorized by City Council in ordinance form.

 

 

(Ord. 1304, passed - -2024)

   (A)   Characteristics.

      (1)   The characteristics of the Public District are state- and municipality-issued areas in which another use or zone is not preferable, acceptable or appropriate.

      (2)   The use area is mainly for areas in which the public can gather, offices for public entities or areas providing utility services to residents within city limits.

   (B)   General uses. The following and all essentially similar uses are permitted in this zone:

      (1)   Municipal government buildings;

      (2)   Parks;

      (3)   Golf course;

      (4)   Emergency services buildings;

      (5)   Public school systems;

      (6)   Secondary school systems;

      (7)   Utility transportation/gathering, such as water towers, well houses, lift stations and the like that provide these city-owned services to the public; and

      (8)   Other uses not specifically listed above but owned by a public entity and in use for the good of the public.

   (C)   Accessory uses. Accessory uses in the Public District are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or character of the zone: parking lots.

   (D)   Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009, and if the Planning Commission has approved the site plan. Conditional uses for the Public District may include rules or covenants set forth by the Planning Commission or City Council:

      (1)   Residential uses;

      (2)   Commercial uses;

      (3)   Medical facilities;

      (4)   Radio, television and microwave communication towers; and

      (5)   Shipping containers

   (E)   Area regulations. The area regulations in the Public District are as follows.

      (1)   Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements.

         (a)   Minimum depth of front yard is 25 feet.

         (b)   When a yard has double frontage, the front yard requirements shall be provided on both streets.

         (c)   If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

      (2)   Side yard.

         (a)   Minimum for one-story building located on interior lot is five feet.

         (b)   Minimum for more than one-story building located on interior lot is ten feet.

         (c)   Minimum for unattached buildings of accessory use is five feet.

         (d)   Minimum side yard on street side of corner lots is 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director.

         (e)   Minimum setback from all exterior and interior side lot lines for main and accessory buildings is 35 feet.

      (3)   Rear yard. Minimum rear yard, except where an alley is platted, is ten feet.

      (4)   Lot width. Minimum lot width at building line is 60 feet.

       (5)   Exemption. Buildings in use and constructed before December 31, 2023, may not adhere to the area regulations of this chapter, and are exempt until such time as the building is no longer in useable condition and new construction begins on the site.

      (6)   Intensity of use.

         (a)   For main and accessory buildings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in §§ 156.065 through 156.072.

         (b)   Minimum space between unconnected buildings on the same lot is 15 feet.

      (7)   Coverage. Main and accessory buildings shall not cover more than 45% of the lot area. Accessory buildings shall not cover more than 30% of the rear yard.

      (8)   Off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements as set forth in §§ 156.065 through 156.072 .

   (F)   Height regulations. No building shall exceed three and one-half stories or 45 feet in height, except as provided in § 156.047.

(Ord. 1075, passed 3-11-2008; Ord. 1303, passed - -2024)