A.   Purpose: Within the R1-Z Single-Family Residential Zoning District, a zero lot line development is allowed. The intent of the R1-Z, Zero Lot Line Residential District is to permit and establish regulations for comprehensively planned single-family tracts with zero side yard building setbacks (in R1-Z Zoned Districts only). The principal purposes of the zero lot line concept are: 1) the more efficient use of land, as compared with the typical single-family development, making available needed housing at an affordable cost; 2) the design of dwellings to integrate and relate internal/external living areas resulting in more pleasant and enjoyable living facilities; and 3) by placing the dwelling against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit. (2000 Code § 12-213)

   B.   Uses Permitted:

      •   Attached single-family dwellings (a maximum of 2 attached units).

      •   Detached, zero lot line, one-family dwellings.

      •   Infill housing with a minimum of two (2) side by side lots; provided, that the zero lot line side is not facing the adjacent nonzero lot line property. (2000 Code § 12-214)

   C.   General Regulations: Property and buildings in the R1-Z District shall be subject to the following area regulations:

      1.   Minimum Lot Size: The minimum lot size shall be four thousand (4,000) square feet. This shall not include any credit for streets, recreational arm, common open space or water bodies.

      2.   Dwelling Unit Setback:

         a.   Interior Side Yard: The dwelling unit may be placed on one interior side property line with a zero foot (0') setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10'), excluding the connecting elements such as fences, walls and trellises. Covered porches, covered patios, and storage spaces which are connected to the principal structure may not encroach into this ten foot (10') side yard.

         b.   Front Setback: All habitable parts of a dwelling must be set back a minimum of twenty feet (20') from the front property line, while garages may be set back a minimum of ten feet (10') based upon the approval by the Planning Commission and its approval of the site plan. Garage setbacks of less than twenty feet (20') must have an entrance parallel to the street or be approved by the Planning Commission as part of the site plan review process. An adequate driveway turning radius shall be provided for the structure.

         c.   Rear Setback: The dwelling setback shall be a minimum of fifteen feet (15') from the rear property line. When a garage is located in the rear of the property, the rear setback shall be a minimum of twenty feet (20').

         d.   Side Street Setback: When a zero lot line borders a City street on one side, the dwelling setback shall be a minimum of fifteen feet (15') from the property line on the street side.

      3.   Minimum Lot Width: The minimum lot width shall be forty feet (40').

      4.   Minimum Lot Coverage Permitted: The total lot coverage permitted for all buildings on the site shall not exceed sixty percent (60%) of the lot area (140 x 40 = 5,600 = 3,360 square foot house). Temporary storage structures are not included in this coverage percentage.

      5.   Building Height: No building shall exceed two (2) stories or thirty five feet (35') in height. Upper story windows shall not face onto an adjacent property owner's private space, or toward the zero lot line side.

      6.   Street Frontage: Each lot shall abut upon a clear, direct frontage of a dedicated city street. The zero lot line must abut upon the street line for a distance of not less than thirty feet (30').

      7.   Platting Requirements: Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities, in the form of a neighborhood association. The plat shall indicate the zero lot lines and easements appurtenant thereto.

      8.   Openings Prohibited On Zero Lot Line Side: The wall of the dwelling located on the zero lot line side must be constructed of maintenance free, solid decorative masonry and have no openings.

      9.   Projections Over Property Line: The structure shall be offset in such a manner that eaves, overhangs, or any architectural features shall not encroach on the adjoining lot. All yard areas on the zero lot line side, part of which may result due to the placement of the foundation off the property line to accommodate roof overhangs and/or architectural elements, shall be used by the adjoining property owner. No yard area created due to this section forbidding dwelling or architectural features to project over any property line shall be fenced by the property owner but shall be reserved for use by the adjoining property owner. Any adjoining property owner may fence in an area up to the zero lot line of the adjacent lot in order to contain his side yard.

      10.   Maintenance Easement: A perpetual five foot (5') maintenance easement shall be provided on the lot adjacent to the zero lot property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. The roof shall be so designed that water runoff from the dwellings placed on the zero lot line drains onto the owner's property.

      11.   Utility Easement: Due to the increased densities and compactness of zero lot line developments, the location of utilities constitutes special consideration. In order to ensure adequate access to maintain utilities, it is necessary to place utilities in the front yard easement, street, or combination. However, a rear yard utility easement is allowed when a rear drive or rear open space easement is provided.

      12.   Off Street Parking: A minimum of two (2) paved off street parking spaces shall be provided on each platted zero lot line lot.

      13.   Accessory Buildings And Structures:

         a.   Accessory buildings and structures shall be located within the front yard or street abutting side yard.

         b.   No accessory building or structure shall be located within five feet (5') of a dwelling or another accessory building nor within five feet (5') of any property line.

         c.   No accessory building or structure shall exceed ten feet (10') in height without approval from the zoning board of adjustment.

      14.   Trees: There shall be a minimum requirement of one tree for each platted lot in order to enhance private space. In addition, street shade trees shall be provided along each side of the roadways at a minimum spacing of forty feet (40') in order to enhance the streetscape. This shall be in addition to the one tree required for each platted lot. Placement shall be determined by utility easement location.

      15.   Fire Protection: Walls on side yards shall have a minimum of one hour rated sheetrock installed and roofs shall be of flame resistant material and wooden, cedar shingle roofs are prohibited. (2000 Code § 12-215)

   D.   Preliminary Plat And Review Process: The city reserves the right to request additional information in the preliminary plat review process. The purpose of the additional information is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The community services director shall review the plans for compliance with zoning regulations and the plat review criteria. The recommendation of the community services director shall be transmitted to the appropriate board for consideration. (2000 Code § 12-216; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

      1.   Required Exhibits: The following exhibits shall be prepared by design professionals such as architects, landscape architects and submitted to the planning commission for consideration and approval along with the preliminary plat:

         a.   Site Plan: The site plan shall show clearly the following items and their relationship to the preliminary plat:

            (1)   A site plan showing all structures, driveway approaches, sidewalks, rear yards, fencing, decorative treatments on each lot and/or within the subdivision, existing and proposed landscaping including tree requirements. The site plan shall be approved by the planning commission prior to approval of the preliminary plat.

            (2)   Recreation facilities and common open space.

            (3)   Stages of development, if any.

            (4)   Location of off street parking and additional parking areas serving the subdivision.

         b.   Floor Plans/Elevations: Floor plans and elevations of all typical units shall accompany the site plan; visual and physical access to outside patio/court areas shall be indicated; single- family attached dwellings shall be specified as well.

      2.   Preliminary Plat Review Process: The following criteria shall be utilized in the plat review process:

         a.   Site Plan: The planning commission shall review and approve each zero lot line site plan prior to or concurrent with consideration of the preliminary plat.

         b.   Review Materials And Criteria: The planning commission shall utilize the following materials and criteria in reviewing the site plan, floor plans/elevations and the preliminary plat. (2000 Code § 12-216)

            (1)   Planning Studies: Planning studies approved by the community services director that include development patterns or environmental and other criteria may be utilized in the review process. (2000 Code § 12-216; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

            (2)   Definition Of Private Outdoor Living Area: The zero lot line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior wall of the unit shall define and enclose, or partially enclose, outdoor living areas in order to be the usable space of each resident adjacent to the zero lot line side.

            (3)   Visual Monotony: Visual monotony created by excessive block lengths shall be avoided. The planning commission shall utilize current zoning and subdivision regulations in making this determination and may base judgment upon visual appearance of the development.

            (4)   Variations Encouraged: Staggered building lines, varying lot widths and arrangements of structures in a manner other than perpendicular to the street shall be encouraged. The planning commission may, upon approval of the site plan, approve nontraditional building lines in an effort to encourage visual clarity in the zero lot line development. But, in no case shall the front yard setback requirement be violated.

            (5)   Landscaping: The existing landscape shall be preserved in its natural state insofar as is practical by minimizing removal of existing trees and vegetation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses, and ameliorate the impact of noise. The site plan shall reflect existing and proposed landscaping.

            (6)   Buffers: Architectural and/or landscape elements that provide a logical screen from adjoining, existing or permitted uses shall be provided.

            (7)   Energy Conservation: Design methods to reduce energy consumption is encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of structures, siting of structures in relation to prevailing breezes and sun angles, insulation of structures, and the use of landscape materials for shade.

            (8)   Visual Access: Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be so situated and set back as to provide unobstructed visual clearance at street intersections.

            (9)   Private Open Space: Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.

            (10)   Trash Containers: Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors.

            (11)   Utility Boxes, Meters: Utility boxes, meters, etc., shall be screened as desired by the developer to provide a pleasing visual image within each zero lot line subdivision.

            (12)   Sidewalk Plan: A sidewalk plan shall be required on the site plan with sufficient sidewalk area to facilitate movement within the subdivision to provide a place for walking or playing. (2000 Code § 12-216)

   E.   Final Plat: The final plat on zero lot line subdivisions shall follow the review and processing as required on final plats within the subdivision regulations. (2000 Code § 12-217)

   F.   Commencement Of Development: If development is not commenced within twenty four (24) months from the date of approval of the final plat, in accordance with subdivision regulations, the approval hereof shall become null and void and the same may not be developed in accordance with said plan; provided, if development is permitted in stages, subsequent stages may be commenced within eighteen (18) months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plan and such approval shall be null and void. Commencement of construction shall include, where necessary, substantial site improvement which shall include, but is not limited to, active and continuous road improvements, excavation, grading, leveling, installation of utilities, and the like. After a twenty four (24) month period has expired and the development has not begun, the applicant must have the plat reviewed by the planning commission at no charge to the applicant. After five (5) years has elapsed and the development has not been commenced, the plat shall not be approved and a new plat consistent with development standards at that time must be submitted to the planning commission for approval. (2000 Code § 12-218)

   A.   Characteristics: The characteristics of the R-1 one-family dwelling district are a quiet, low density area for single-family living, with related recreational, religious and educational facilities, protected from all commercial and industrial activity. (2000 Code § 12-220)

   B.   General Uses: The general uses in the R-1 district are:

      •   Bulletin board or sign, not exceeding twenty (20) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

      •   Childcare centers.

      •   Nurseries, greenhouses, truck gardens; provided, that no products are sold retail and delivered on the premises.

      •   Parks, playgrounds and open spaces.

      •   Public and parochial schools and colleges, not including industrial trade schools.

      •   Public libraries.

      •   Single-family homes. (2000 Code § 12-221)

   C.   Accessory And Conditional Uses:

      1.   Accessory: The accessory uses in the R-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:

         •   Barns.

         •   Guesthouses and employees' quarters.

         •   Private garages.

         •   Sheds. (2000 Code § 12-222)

      2.   Conditional: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the planning commission has approved the site plan: (2000 Code § 12-222; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

         •   Cemetery.

         •   Churches.

         •   Fire and police stations.

         •   Golf courses, except miniature and commercial driving range.

         •   Public buildings and uses of nonindustrial nature.

         •   Public open off street parking lot, when necessary, for services of surrounding area.

         •   Radio, television and microwave communication towers.

         •   Utility substations. (2000 Code § 12-222)

   D.   Area Regulations: Area regulations in the R-1 district are:

      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, twenty five feet (25').

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

         c.   If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of no greater than twenty five feet (25'), and building varies more than five feet (5') 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 forty feet (40').

      2.   Side Yard:

         a.   Minimum for one-story dwellings, five feet (5').

         b.   Minimum for more than one-story dwellings, ten feet (10').

         c.   Minimum for unattached building of accessory use, five feet (5'). (2000 Code § 12-223)

         d.   Minimum side yard on street side of corner lots, twenty five feet (25'). A side yard setback of fifteen feet (15') on a corner lot may be allowed at the discretion of the community services director. (2000 Code § 12-223; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

         e.   Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, thirty five feet (35').

      3.   Rear Yard: Minimum rear yard, except where an alley is platted, ten feet (10').

      4.   Lot Width: Minimum lot width at building line, sixty feet (60').

      5.   Intensity Of Use:

         a.   Minimum lot area is seven thousand (7,000) square feet.

         b.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted by this section.

         c.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street areas required in chapter 2, article D of this title. (2000 Code § 12-223)

         d.   Minimum space between unconnected buildings on the same lot is fifteen feet (15'). Exceptions may be granted for placement of open metal carports upon approval by the building inspector. (2000 Code § 12-223; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

      6.   Coverage: Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area on interior and corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (Ord. 933, 12-14-2000)

      7.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title. (2000 Code § 12-223)

   E.   Height Regulations: No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height except as provided in chapter 2, article C of this title. (2000 Code § 12-224)

   A.   Characteristics: The characteristics of the R-1A Affordable Dwelling District are a quiet, medium density area for single- family living, located within a plot of ground in which two (2) or more efficiency homes are located. R-1A Districts shall be located and defined as deemed appropriate by the Planning Commission upon application for the zone.

   B.   General Uses: The general uses in the R-1A District are:

      •   Bulletin board or sign, not exceeding twenty (20) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

      •   Efficiency home village, where homes do not exceed seven hundred fifty (750) square feet of living space, occupied for dwelling or sleeping purposes, whether or not a charge is made for such accommodations.

      •   Parks, playgrounds and open spaces.

   C.   Accessory And Conditional Uses:

      1.   Accessory: The accessory uses in the R-1A 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:

         •   Private garages.

         •   Sheds.

      2.   Conditional: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the Planning Commission has approved the site plan:

         •   Public open off street parking lot, when necessary, for services of surrounding area.

         •   Radio, television and microwave communication towers.

         •   Utility substations.

   D.   Area Regulations: Area regulations in the R-1A District are:

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

         a.   All habitable parts of a dwelling must be set back a minimum of twenty feet (20') from the front property line.

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

         c.   If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of no greater than twenty five feet (25'), and building varies more than five feet (5') 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 forty feet (40').

      2.   Side Yard:

         a.   Minimum for one-story dwellings, five feet (5').

         b.   Minimum for more than one-story dwellings, ten feet (10').

         c.   Minimum for unattached building of accessory use, five feet (5').

         d.   Minimum side yard on street side of corner lots, twenty five feet (25'). A side yard setback of fifteen feet (15') 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 other than dwellings and buildings accessory to dwellings, thirty five feet (35').

      3.   Rear Yard: Minimum rear yard, ten feet (10').

      4.   Minimum Lot Width: Minimum lot width shall allow at least fifteen feet (15') either side of the main building.

      5.   Intensity Of Use:

         a.   Minimum lot area is at the discretion of the Planning Commission, as it pertains to the plat of the efficiency village.

         b.   Minimum space between unconnected buildings on the same lot is fifteen feet (15'). Exceptions may be granted for placement of open metal carports upon approval by the building inspector.

      6.   Coverage: Main and accessory buildings shall not cover more than sixty percent (60%) of the project area on interior and corner lots.

      7.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title.

      8.   Utility Easement: Due to the increase densities and compactness of these developments, the location of utilities constitutes special consideration. In order to ensure adequate access to maintain utilities, it is necessary to place utilities in the front yard easement, street or combination. However, a rear yard utility easement is allowed when a rear drive or rear open space easement is provided.

   E.   Height Regulations: No dwelling shall exceed two and one-half (21/2) stories or thirty five feet (35') in height except as provided in chapter 2, article C of this title.

      1.   No accessory building or structure shall exceed ten feet (10') in height. (Ord. 1225, 8-14-2018)

   A.   Characteristics: The characteristics of the R-2 Two-Family Dwelling District are quiet, slightly higher population density area for family living, with basic restrictions similar to the R-1 District, protected from all commercial and industrial activity. (2000 Code § 12-231)

   B.   General Uses: Property and buildings in an R-2 Two-Family Dwelling District shall be used only for the following purposes:

      •   Any uses permitted in R-1 One-Family Dwelling District.

      •   Home occupations as limited in chapter 2 of this title 1 .

      •   Two-family homes. (2000 Code § 12-232)

   C.   Accessory Uses: Accessory uses in the R-2 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:

      •   Guesthouses and employees' quarters.

      •   Private garages.

      •   Radio, television and microwave communications towers. (2000 Code § 12-233)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the Planning Commission has approved the site plan: (2000 Code § 12-234; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

      •   All uses so limited for R-1 Districts in this article.

      •   Convalescent home, rest home and nursing home, limited to housing of not more than five (5) persons in addition to the owner or manager and his family.

      •   Home for the ambulatory aged.

      •   Mortuary. (2000 Code § 12-234)

   E.   Area Regulations: Area regulations in the R-2 District are:

      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 twenty five feet (25').

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

         c.   If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25') and no building varies more than five feet (5') 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 forty feet (40').

      2.   Side Yard:

         a.   Minimum for one-story dwellings located on interior lots is five feet (5').

         b.   Minimum side yard for more than one-story dwellings and garage apartments, except as provided in section 12-2C-2 of this title, is ten feet (10').

         c.   Minimum for unattached buildings of accessory use is five feet (5'). (2000 Code § 12-235)

         d.   Minimum side yard on street side of corner lots is twenty five feet (25'). A side yard setback of fifteen feet (15') on a corner lot may be allowed at the discretion of the community services director. (2000 Code § 12-235; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

         e.   Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, is thirty five feet (35').

      3.   Rear Yard: Minimum rear yard, except where an alley is platted, is ten feet (10').

      4.   Lot Width: Minimum lot width at building line for one-family dwellings, two-family dwellings and garage apartments is sixty feet (60').

      5.   Intensity Of Use:

         a.   Minimum lot area for each one-family dwelling and accessory building is seven thousand (7,000) square feet.

         b.   Minimum lot area for each two-family dwelling and accessory building is eight thousand five hundred (8,500) square feet.

         c.   A garage apartment located on the same lot with a one-family dwelling shall have the same area requirements as two-family dwellings. In all other cases, a garage apartment shall be provided with the same lot area required by a one-family dwelling.

         d.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted in the R-1 one-family district.

         e.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking areas required in chapter 2, article D of this title. (2000 Code § 12-235)

         f.   Minimum space between unconnected buildings on the same lot is fifteen feet (15'). Exceptions may be granted for placement of open metal carports upon approval by the building inspector. (Ord. 1075, 3-11-2008, eff. 4-10-2008)

      6.   Coverage:

         a.   Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area.

         b.   Accessory buildings shall not cover more than twenty percent (20%) of the rear yard. (2000 Code § 12-235)

   F.   Height Regulations: No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, except as provided in chapter 2, article C of this title. (2000 Code § 12-236)

   A.   Characteristics: The characteristics of the R-3 multiple- family dwelling district are a medium and high population density residential zone area consisting of single, duplex and multi- family dwellings along with limited home occupations and limited private and public community uses where lots are large enough for family living, but small enough to afford low development costs, economy of streets and utilities, and proximity to schools, churches and shopping. (2000 Code § 12-241)

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

      •   Any use permitted in an R-2 two-family dwelling district.

      •   Boarding and rooming houses.

      •   Clubs and lodges.

      •   Community centers.

      •   Dormitories.

      •   Multiple-family dwellings and apartment houses. (2000 Code § 12-242)

   C.   Accessory Uses: Accessory uses in the R-3 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 for nonresidential uses.

      •   Private garages. (2000 Code § 12-243)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and if the planning commission has approved the site plan:

      •   All uses so limited for R-2 districts in this article.

      •   Institutions for children or the aged.

      •   Medical facilities.

      •   Radio, television and microwave communication towers.

      •   Trailer courts. (2000 Code § 12-244; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   E.   Area Regulations: The area regulations in the R-3 district are:

      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 twenty five feet (25').

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

         c.   If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings, all of which have observed an average setback line of greater than twenty five feet (25'), and no building varies more than five feet (5') 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 forty feet (40').

      2.   Side Yard:

         a.   Minimum for one-story dwelling located on interior lot is five feet (5').

         b.   Minimum for more than one-story dwelling located on interior lot is ten feet (10').

         c.   Minimum for unattached buildings of accessory use is five feet (5'). (2000 Code § 12-245)

         d.   Minimum side yard on street side of corner lots is twenty five feet (25'). A side yard setback of fifteen feet (15') on a corner lot may be allowed at the discretion of the community services director. (2000 Code § 12-245; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

         e.   Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, is thirty five feet (35').

         f.   Trailer courts shall be planned in such a manner that no trailer or related building shall be located closer than fifteen feet (15') to any side lot line.

      3.   Rear Yard: Minimum rear yard, except where an alley is platted, is ten feet (10').

      4.   Lot Width: Minimum lot width at building line for one-family dwellings and two-family dwellings and garage apartments is sixty feet (60').

      5.   Intensity Of Use:

         a.   Minimum lot area for a one-family dwelling is six thousand five hundred (6,500) square feet.

         b.   Minimum lot area for a two-family dwelling is seven thousand five hundred (7,500) square feet.

         c.   Minimum lot area for a multiple-family dwelling is seven thousand five hundred (7,500) square feet; plus for each family of more than two (2) occupying a dwelling, two thousand (2,000) square feet; plus for each family of two (2) or less occupying a single bedroom dwelling, one thousand two hundred fifty (1,250) square feet.

         d.   A garage apartment located on the same lot with a one-family dwelling shall have a lot area of not less than seven thousand five hundred (7,500) square feet. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than two thousand (2,000) square feet more than is required for the two-family dwelling or multiple-family dwelling.

         e.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted in the R-1 one-family dwelling district.

         f.   For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off street parking areas required in chapter 2, article D of this title. (2000 Code § 12-245)

         g.   Minimum space between unconnected buildings on the same lot is fifteen feet (15'). Exceptions may be granted for placement of open metal carports upon approval by the building inspector. (Ord. 1075, 3-11-2008, eff. 4-10-2008)

      6.   Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

      7.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements as set forth in chapter 2, article D of this title. (2000 Code § 12-245)

   F.   Height Regulations: No building shall exceed three and one- half (31/2) stories or forty five feet (45') in height, except as provided in chapter 2, article C of this title. (2000 Code § 12-246)

   A.   Characteristics: The R-4 townhouse dwelling district is designed to provide areas for single-family attached units on individually platted lots at a medium population density in addition to traditional single, duplex, and multi-family dwellings. (2000 Code § 12-251)

   B.   General Uses: The following uses are permitted in the R-4 district:

      •   Any use permitted in the R-3 district.

      •   Townhouse development. (2000 Code § 12-252)

   C.   Accessory Uses: Accessory buildings and uses customarily incidental to the general uses are permitted. (2000 Code § 12-253)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and if the planning commission has approved the site plan:

      •   All uses so permitted for the R-3 district. (2000 Code § 12-254; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   E.   Area Regulations: The area regulations in the R-4 district for single, duplex, and multi-family dwellings shall be the same as those in the R-3 district. Area regulations for townhouse development are:

      1.   Front Yard: Minimum depth of front yard is twenty five feet (25').

      2.   Side Yard:

         a.   No side yard is required for interior lots.

         b.   No side yard is required for interior sides of end lots. (2000 Code § 12-255)

         c.   Minimum side yard on street side of corner lots is twenty five feet (25'). A side yard setback of fifteen feet (15') on a corner lot may be allowed at the discretion of the community services director. (2000 Code § 12-255; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

         d.   Minimum side yard for side of end lots abutting other property not contained in townhouse development is ten feet (10').

      3.   Rear Yard:

         a.   Minimum rear yard backing on a street is twenty five feet (25').

         b.   Minimum rear yard not backing on a street is fifteen feet (15').

      4.   Lot Width:

         a.   Minimum lot width at building line for interior lots is twenty five feet (25').

         b.   Minimum lot width at building line for corner lots is forty feet (40').

         c.   Minimum lot width at building line for end lots not abutting a street is thirty five feet (35').

      5.   Intensity Of Use:

         a.   Minimum land area for townhouse development is twenty five thousand (25,000) square feet.

         b.   Minimum lot area for an individual townhouse lot is two thousand five hundred (2,500) square feet.

         c.   The total floor area for a townhouse development shall not exceed forty percent (40%) of the land area of the townhouse development.

         d.   The floor area for an individual lot shall not exceed sixty percent (60%) of the lot area.

      6.   Coverage: Main and accessory buildings shall not cover more than fifty percent (50%) of the lot area. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

      7.   Open Space: In each townhouse development, there shall be commonly owned and maintained open space in the amount of at least three hundred fifty (350) square feet per dwelling unit. Each common open space which is provided to meet this requirement shall be at least three thousand five hundred (3,500) square feet in area and shall have a least dimension of not less than sixty feet (60'). (2000 Code § 12-255)

   F.   Height Regulations: No building shall exceed three and one- half (31/2) stories or forty five feet (45') in height, except as provided in chapter 2, article C of this title. (2000 Code § 12-256)

   G.   Townhouse Definition: "Townhouse" means one of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against same or through the roof and which are intended to have ownership transferred in conjunction with a platted lot, except as provided in chapter 2 of this title. (2000 Code § 12-257)

   H.   Floor Area: "Floor area", for a townhouse development, means the total area, in square feet, of floor space within the outside dimensions of a building, including each floor level, halls, stairways, basement, and covered exterior balconies, except as provided in chapter 2 of this title. (2000 Code § 12-258)

   I.   Exception To Subdivision Code; Lot Sizes:

      1.   Except for townhouse lots, every residential lot served by a public sewage system shall not be less than sixty feet (60') wide at the building line or less than seven thousand five hundred (7,500) square feet in area or as provided by the zoning regulations or other requirements of this code.

      2.   Except for townhouse lots, corner lots shall be at least seventy feet (70') wide at the building line to allow for side street building lines. Building lines may be less than twenty five feet (25') when the average slope of the first fifty feet (50') of the lot is greater than twenty percent (20%). (2000 Code § 12-259)

   A.   Characteristics: The characteristics of the C-1 neighborhood commercial district are a use area for small shopping centers designed to serve surrounding residential neighborhoods. The stores in this area provide durable goods, personal services, convenience goods. More ample parking requirements and more stringent bulk regulations are designed to make use area harmonize with the residential districts which surround it. (2000 Code § 12-261)

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

      1.   Any use permitted in the R-3 multiple-family dwelling district.

      2.   Any conditional use set forth in the R-3 multiple-family dwelling district.

      3.   Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:

         •   Antique shop.

         •   Appliance store.

         •   Art school, gallery, museum.

         •   Artist materials, supply, studio.

         •   Automobile parking lot.

         •   Automobile service station.

         •   Baby shop.

         •   Bakery store.

         •   Bank.

         •   Barber and beauty shops.

         •   Bookstore.

         •   Camera shop.

         •   Catering establishment.

         •   Clothing store.

         •   Confectionery shop.

         •   Delicatessen shop.

         •   Department store.

         •   Drugstore.

         •   Dry goods store.

         •   Eating and drinking places.

         •   Flower shop.

         •   Furniture store.

         •   Gift shop.

         •   Grocery store or supermarket.

         •   Hardware store.

         •   Hobby store.

         •   Hotel.

         •   Laundry and dry cleaning (pick up stations).

         •   Laundry, self-service.

         •   Liquor store.

         •   Meat and seafood market.

         •   Messenger or telegraph service.

         •   Musical instrument sales.

         •   Newsstand.

         •   Office supplies.

         •   Offices.

         •   Optometrist sales and service.

         •   Paint and decorating shop.

         •   Parking lot.

         •   Pharmacy.

         •   Photographer's studio.

         •   Pressing and altering of clothes.

         •   Produce store.

         •   Radio and TV sales and service.

         •   Sewing machine sales and instruction.

         •   Shoe repair shop.

         •   Sporting goods sales.

         •   Stationery store.

         •   Tailor shop.

         •   Tobacco store.

         •   Toy store.

         •   Variety store.

      4.   Nameplate and sign relating only to the use of the store and premises or to products sold on the premises, as follows:

         a.   Flat single faced signs.

         b.   Directly lighted signs not over fifty (50) square feet in area.

         c.   Sign panels not over one hundred (100) square feet in area for each fifty feet (50') of frontage.

      5.   Any building used for any of the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No materials or goods offered for sale or stored in connection with uses enumerated above shall be displayed or stored outside of a building. (2000 Code § 12-262)

   C.   Accessory Uses: Accessory uses in the C-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. (Ord. 1026, 3-14-2006)

   D.   Area Regulations: Any C-1 zone lot established, and any structure erected on any C-1 zone lot after the initial effective date hereof, shall comply with the following bulk and area requirements. The area requirements for dwellings shall be the same as requirements of R-3 multiple-family dwelling district.

      1.   Front Yard: All buildings shall be set back from the street right of way line to comply with the following front yard requirements:

         a.   Minimum depth of front yard where there is no parking permitted is twenty five feet (25').

         b.   Minimum depth of front yard where parking is provided between the structure and property lines adjacent to streets is forty feet (40').

      2.   Rear Yard: Minimum rear yard where a commercial building is to be serviced from the rear is thirty feet (30').

      3.   Intensity Of Use: Minimum lot area for new structures erected after the initial effective date hereof is seven thousand (7,000) square feet.

      4.   Coverage: Main and accessory buildings shall not cover more than sixty five percent (65%) of the lot area.

      5.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title. (2000 Code § 12-264)

   E.   Height Regulations: No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height except as provided in chapter 2, article C of this title. (2000 Code § 12-265)

   F.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the planning commission has approved the site plan:

      •   Radio, television and microwave communication towers.

      •   Shipping container (subject to review and approval by the planning commission on an annual basis).

      •   Warehouse, mini. (Ord. 1026, 3-14-2006; amd. Ord. 1056, 11-13-2007)

   G.   Nonconforming Uses: 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 C-1 neighborhood commercial 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. Nonconforming uses will only be permitted if it is determined that the use is beneficial to the community. (Ord. 1026, 3-14-2006)

   A.   Characteristics: The characteristics of the C-2 general commercial district are a central business district zone for commercial, governmental and exchange uses to the local and regional area. The uses in this area require a central location accessible from all routes entering the city and they must be grouped so that the transient or infrequent shopper can park and visit a number of stores and offices on foot. The large volume of shoppers served and concentration of uses make it necessary to provide parking in nearby area rather than on specific properties in the central business zone. (2000 Code § 12-271)

   B.   General Uses:

      1.   Uses Enumerated: The following and all essentially similar uses are permitted in this zone:

         •   Any use permitted in C-1 neighborhood commercial district.

         •   Advertising signs or structures.

         •   Ambulance service office or garage.

         •   Amusement enterprises.

         •   Auto court or tourist court.

         •   Automobile related uses:

         New automobile sales and services, new machinery sales and services and public garages, provided no gasoline is stored aboveground.

         Used automobile and machinery sales, used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junkyards.

         •   Boat sales.

         •   Bowling alley.

         •   Bus terminal.

         •   Business machine store.

         •   Carpenter and cabinet shop.

         •   Cleaning and dyeing works.

         •   Commercial school or hall.

         •   Dance hall.

         •   Drive-in theater or restaurant.

         •   Electric transmission station.

         •   Feed and fuel store.

         •   Fire and police stations.

         •   Frozen food locker.

         •   Funeral parlor or mortuary.

         •   Furniture repair and upholstery.

         •   Gasoline and filling stations.

         •   Golf courses, miniature or practice range.

         •   Governmental office.

         •   Heating, ventilating or plumbing supplies, sales and service.

         •   Hospital for small animals.

         •   Ice storage locker plant or storage house for food.

         •   Interior decorating store.

         •   Jewelry store.

         •   Kennel.

         •   Key shop.

         •   Laboratories, testing and experimental.

         •   Leather goods shop.

         •   Library and reading rooms.

         •   Mail order outlet.

         •   Music and record shop.

         •   Newspaper printing plant.

         •   Nightclubs.

         •   Nursery or garden supply store.

         •   Parking garage.

         •   Pawnshop.

         •   Pet shop.

         •   Printing and engraving plants.

         •   Radio and television broadcasting stations.

         •   Recreation center.

         •   Research laboratory.

         •   Roller skating rink.

         •   Schools and colleges.

         •   Sign painting shop.

         •   Stock and bond broker.

         •   Storage warehouse.

         •   Telephone and telegraph office and exchange.

         •   Theater.

         •   Toy store.

         •   Utility offices and exchanges.

         •   Wholesale distributing center.

         •   Any other store or shop for retail or wholesale trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

      2.   Requirements: The uses enumerated in subsection B1 of this section shall comply with the following provisions:

         a.   Screen Planting: All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in an R residential or a C-1 commercial district when located to the side or rear of the lot on which such open storage or display occurs; provided, however, that screening shall not be required in excess of seven feet (7') in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings so that it cannot be seen from public street.

         b.   Landscaping Of Unoccupied Yards: All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year round.

         c.   Paving Of Parking Areas And Driveways: All of the lot used for parking of vehicles, for the storage and display of merchandise, and all driveways used for vehicular ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

         d.   Vehicle Servicing Within Building: All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

         e.   Driveway Width: Driveways used for ingress and egress shall not exceed twenty five feet (25') in width, exclusive of curb returns.

         f.   Outdoor Lighting: Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type. (2000 Code § 12-272)

   C.   Accessory Uses: Accessory uses in the C-2 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. (Ord. 1027, 3-14-2006)

   D.   Area Regulations: Any C-2 zone lot established and any structure erected on any C-2 zone lot after the initial effective date hereof shall comply with the following bulk and area requirements:

      1.   Area: The area regulations for dwellings shall be the same as the requirements of the R-3 multiple-family dwelling district.

      2.   Front And Side Yards: There are no specific front or side yard requirements for uses other than dwellings.

      3.   Rear Yard: Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof adequate to provide off street loading space. In all other cases, no rear yard is required.

      4.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements as set forth in chapter 2, article D of this title. (2000 Code § 12-274)

   E.   Height Regulations: The height regulations for dwellings and accessory buildings for dwellings shall be the same as those of the R-3 multiple-family dwelling district. For other uses, no height restrictions are required. (2000 Code § 12-275)

   F.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the planning commission has approved the site plan. The following conditional uses are allowed:

      •   Any use permitted in the C-1 neighborhood commercial district.

      •   Radio, television and microwave communication towers.

      •   Shipping container (subject to review and approval by the planning commission on an annual basis). (Ord. 1027, 3-14-2006; amd. Ord. 1056, 11-13-2007)

   A.   Characteristics: The characteristics of the C-3 commercial district are a zone for business that serves a city or regional trade, but which cannot command a location in the central business zone because of special clientele, need for parking or similar reasons. (2000 Code § 12-281)

   B.   General Uses:

      1.   Uses Enumerated: The following and all essentially similar uses are permitted in this zone:

         •   All uses allowed in C-2 general commercial district.

         •   Farm implement and machinery sales, new and used.

         •   House trailer sales.

         •   Lumberyard.

         •   Metal and wood fencing, ornamental grillwork and decorative wrought iron work and playground equipment sales.

         •   Monument sales.

         •   New and used car and truck sales.

         •   Oil field or oil well supplies.

         •   Prefabricated house sales.

         •   Trailers for hauling, rental and sales.

      2.   Requirements: The uses enumerated in subsection B1 of this section shall comply with the following provisions:

         a.   Landscaping Yards Unoccupied With Buildings: All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year round.

         b.   Servicing Vehicles, Equipment Within Building: All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

         c.   Driveway Width: Driveways used for ingress and egress shall not exceed twenty five feet (25') in width, exclusive of curb returns.

         d.   Outdoor Lighting: Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type. (2000 Code § 12-282)

   C.   Accessory Uses: Accessory uses in the C-3 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. (Ord. 1028, 3-14-2006)

   D.   Area Regulations:

      1.   Area: The area regulations for dwellings shall be the same as the requirements of the R-3 multiple-family dwelling district.

      2.   Front And Side Yards: There are no specific front or side yard requirements for uses other than dwellings.

      3.   Rear Yard: Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof adequate to provide off street loading. In all other cases, no rear yard is required.

      4.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title. (2000 Code § 12-284)

   E.   Signs: Permitted signs are flat, single face signs; sign and sign panels shall not be over four hundred eighty (480) square feet in area. Flashing signs are prohibited. (2000 Code § 12-285)

   F.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the planning commission has approved the site plan. The following conditional uses are allowable:

      •   Any use permitted in the C-2 general commercial district.

      •   Radio, television and microwave communication towers.

      •   Shipping container (subject to review and approval by the planning commission on an annual basis). (Ord. 1028, 3-14-2006; amd. Ord. 1056, 11-13-2007)

   A.   Characteristics: The characteristics of the H-C highway commercial district are a use area for retail establishments which cater to the traveling public. Lot sizes, highway ingress and egress, setback requirements, and the design of the individual sites are intended to provide for motorists' needs and yet maintain adequate, safe, attractive facilities with minimal marginal traffic interference. (2000 Code § 12-291)

   B.   General Uses:

      1.   Uses Enumerated: The following and all essentially similar uses are permitted in this zone:

         •   Automotive repair if connected as an accessory to another use (gasoline station) and wholly within an enclosed building.

         •   Churches.

         •   Eating establishments.

         •   Gasoline stations, but no aboveground storage of fuels.

         •   Liquor stores, and other retail shops which cater primarily to resident traveling public.

         •   Temporary lodging. (2000 Code § 12-292; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

      2.   Requirements:

         a.   Driveways And Parking Lots: All driveways and parking lots shall be ample for the land use; they will be designed to keep marginal highway traffic interference to a minimum; and they will have a completely sealed surface.

         b.   Screen Planting: All products offered for sale will be inside a completely enclosed building or behind a permanent ornamental wall, fencing, or planting such that it cannot be seen by a person standing on ground level; provided, however, that no screening shall be required to be in excess of seven feet (7') in height. (2000 Code § 12-292)

   C.   Accessory Uses: Accessory uses in the H-C district are other uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone. (2000 Code § 12-293)

   D.   Special Exception Uses: A major truck stop which has a lot size of not less than five (5) acres and completely sealed driveways and parking lots, and in the collective opinion of the planning commission is suitably located and sited with regard to adjacent uses, highway traffic interference, and is beneficial to the city, may be, with written permission from the planning commission, located in an H-C district. (2000 Code § 12-294)

   E.   Area Regulations:

      1.   Area: Area regulations for dwellings shall be the same as for the R-1 residential requirements.

      2.   Yards:

         a.   Front yard minimum setback is forty feet (40'). The side yard setback if abutting a street is the same as for the front yard.

         b.   The side yard setback will be at least fifteen feet (15'). The rear yard setback with no alley easement will be ten feet (10'). If an alley is dedicated, a zero lot line in the rear is allowed.

      3.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements of chapter 2, article D of this title.

      4.   Distance Between Buildings: The minimum distance between buildings on the same lot is fifteen feet (15').

      5.   Lot Frontage: A minimum one hundred foot (100') frontage is required on all lots.

      6.   Lot Size: Minimum lot size is ten thousand (10,000) square feet.

      7.   Curb Cuts: Longer curb cuts, up to fifty feet (50'), are allowed for gasoline stations after approval by the planning commission. (2000 Code § 12-295)

   F.   Height Regulations: No building shall exceed two and one-half (21/2) stories in height or thirty five feet (35') except as provided in chapter 2, article C of this title, unless it is set back from all lot lines an additional one foot (1') for each two feet (2') that the building exceeds thirty five feet (35'). (2000 Code § 12-296; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   G.   Signs: Permitted signs are flat single face wall signs, ground signs, and roof signs; signs and sign panels shall not exceed four hundred (400) square feet in area. Flashing signs are prohibited. (2000 Code § 12-297)

   H.   Nonconforming Uses: Nonconforming uses include any use not before mentioned under general, accessory, or special exception uses. The planning commission shall have the authority to permit nonconforming uses in highway commercial 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. Nonconforming uses will only be permitted if it is determined that the use is beneficial to the community. (2000 Code § 12-298)

   I.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title 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). (Ord. 1056, 11-13-2007)

   A.   Characteristics: The characteristics of the I-1 light industrial district are a use area for wholesaling, storage, packaging, display, shipping, distribution and those retail uses that are accessory to the operations and for light manufacturing, assembling and fabrication.

   B.   Area Regulations:

      1.   Side And Rear Yards: The side yard setback will be at least fifteen feet (15'). The rear yard setback with no alley easement will be ten feet (10'). If an alley is dedicated, a zero lot line in the rear is allowed.

      2.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements of chapter 2, article D of this title.

      3.   Distance Between Buildings: The minimum distance between buildings on the same lot is fifteen feet (15').

      4.   Lot Frontage: A minimum one hundred foot (100') frontage is required on all lots.

      5.   Lot Size: Minimum lot size is ten thousand (10,000) square feet.

      6.   Curb Cuts: Longer curb cuts, up to fifty feet (50'), are allowed for gasoline stations after approval by the planning commission. (2000 Code § 12-301)

   C.   General Uses: The following and all essentially similar uses are permitted in this zone:

      1.   Dwellings Excepted: Any use, except dwellings, permitted in the C-3 commercial district. No dwelling use except sleeping facilities required by caretakers or night watchmen employed on the premises shall be permitted in an I-1 industrial district.

      2.   Uses Enumerated: Any of the following uses:

         •   Bakery.

         •   Book bindery.

         •   Bottling plant.

         •   Building material sales yard.

         •   Churches and schools, after the planning commission has approved the site plan.

         •   Commercial and industrial display and sale.

         •   Contractor's equipment storage yard or equipment or plant, or rental of equipment commonly used by contractors.

         •   Electrical equipment assembly.

         •   Fabrication, compounding and packaging of previously prepared materials.

         •   Farm machinery.

         •   Freighting or trucking yard or terminal.

         •   Ice plant.

         •   Laundry and cleaning plant.

         •   Lumberyard.

         •   Oil field equipment storage yard.

         •   Radio, television and microwave communication towers.

         •   Restaurant.

         •   Service station.

         •   Truck, bus and train terminals.

         •   Utility, equipment yards and substations.

         •   Warehouses.

         •   Wholesale stores.

      3.   Screen Planting: No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level. (2000 Code § 12-302)

   D.   Accessory Uses: Accessory uses in the I-1 district are uses that are clearly incidental to the permitted uses listed and not including residential uses except by employees employed on the premises. (2000 Code § 12-303)

   E.   Area Regulations: Any I-1 zone lot established and any structure erected on any I-1 zone lot after the initial effective date hereof shall comply with the following bulk and area requirements:

      1.   Front Yard: Minimum is thirty feet (30').

      2.   Side Yard: Minimum is ten feet (10').

      3.   Rear Yard: Minimum is ten feet (10').

      4.   Intensity Of Use:

         a.   Minimum distance between unconnected buildings on the same lot is fifteen feet (15').

         b.   Minimum size of new zone is five (5) acres.

      5.   Coverage: Maximum lot coverage is seventy five percent (75%).

      6.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title. (2000 Code § 12-304)

   F.   Signs: Permitted signs are outdoor advertising structures not over three hundred (300) square feet in area for each fifty feet (50') of frontage. (2000 Code § 12-305)

   G.   Height Regulations: No building shall exceed three and one- half (31/2) stories or forty five feet (45') in height except as provided in chapter 2, article C of this title. (2000 Code § 12-306)

   A.   Characteristics: The characteristics of the I-2 restricted light industrial district are a restricted manufacturing zone for medium sized clean and quiet industries that may be close to residential development. The regulations are intended to provide structures and operations that completely confine noise, odor, dust and glare of each operation within an enclosed building. The uses in this zone do not create excessive demands for facilities for sewage, water, gas, electricity and similar services. (2000 Code § 12-311)

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

      1.   Residential Uses Excepted: Any use, except a residential use, permitted in a C-2 general commercial zone, except nightclubs, taverns, dance halls, and liquor stores, and including facilities for caretakers and night watchmen employed on the premises.

      2.   Processing Previously Prepared Materials: Fabrication, compounding, processing and packaging with previously prepared materials such as foods, drugs, cosmetics, cellophane, canvas, cloth, felt, fur, glass, leather, paints, paper, plastics, wood and metal. (2000 Code § 12-312)

      3.   Uses Enumerated: Any of the following uses:

         •   Bakery.

         •   Book bindery.

         •   Bottling works.

         •   Candy manufacturing.

         •   Electrical equipment assembly.

         •   Electronic equipment assembly and manufacture.

         •   Engraving plant.

         •   Food products processing and packing.

         •   Furniture manufacturing.

         •   Instrument and meter manufacturing.

         •   Jewelry and watch manufacturing.

         •   Laboratory, experimental.

         •   Laundry and cleaning establishment.

         •   Leather goods fabrication.

         •   Optical goods manufacturing.

         •   Paper products manufacturing.

         •   Radio, television, microwave communication towers.

         •   Restaurant.

         •   Service station.

         •   Sporting goods manufacturing.

         •   Warehouse, mini. (2000 Code § 12-312; amd. Ord. 1018, 1-10-2006)

      4.   Operations Conducted Within Building; Screening Of Stored Articles: All of the uses permitted under this subsection B shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside of the building housing the operations or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. (2000 Code § 12-312)

   C.   Accessory Uses: Accessory uses in the I-2 district are uses that are clearly incidental to the permitted uses listed, not including residential occupancy except by employees employed on the premises. (2000 Code § 12-313)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the planning commission has approved the site plan:

      •   Bulk storage of petroleum and gas.

      •   Shipping container (subject to review and approval by the planning commission on an annual basis). (Ord. 1056, 11-13-2007)

   E.   Area Regulations: Any I-2 zone lot established and any structure erected on any I-2 zone lot after the initial effective date hereof shall comply with the following bulk and area requirements:

      1.   Front Yard: Minimum is forty feet (40').

      2.   Side Yard: Minimum is fifteen feet (15').

      3.   Rear Yard: Minimum is ten feet (10').

      4.   Intensity Of Use:

         a.   Minimum distance between unconnected buildings on the same lot is fifteen feet (15').

         b.   Minimum size of new zones is ten (10) acres.

      5.   Coverage: Maximum lot coverage is fifty percent (50%).

      6.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title.

      7.   Landscaping: All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition. (2000 Code § 12-315)

   F.   Signs: Permitted signs are signs and sign panels not over three hundred (300) square feet in area for each one hundred feet (100') of street frontage. Flashing signs are prohibited. (2000 Code § 12-316)

   G.   Height Regulations: No building or structure shall exceed three and one-half (31/2) stories or forty five feet (45') in height, except as provided in chapter 2, article C of this title. (2000 Code § 12-317)

   A.   Characteristics: The characteristics of the I-3 heavy industrial district are a zone for industries objectionable to business and residential uses by reason of operational characteristics of the industry and insulated from these other uses by strips of less objectionable industry or natural barriers. This zone is intended to provide a place for manufacturing products from raw materials. (2000 Code § 12-321)

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

      1.   Dwellings Excepted: No dwelling uses except sleeping facilities required by night watchmen and caretakers employed upon the premises; all uses permitted in I-1 light industrial district.

      2.   Uses Enumerated: Any of the following uses:

         •   Abattoir.

         •   Animal and poultry slaughter and processing.

         •   Farm machinery and equipment.

         •   Foundries.

         •   Garbage disposal.

         •   Incinerators.

         •   Manufacturing, processing and/or fabrication of all commodities.

         •   Quarry.

         •   Radio, television, microwave communication towers.

         •   Railroad facilities.

         •   Repair, rental and servicing of commodities.

         •   Reservoir.

         •   Retailing and storage.

         •   Sewage disposal.

         •   Wholesaling and storage.

      3.   Screen Planting: Property and buildings in an I-3 heavy industrial district, when used for the following purposes, shall have the uses thereon conducted in such a manner that all operation, display or storage of material or equipment is so screened by ornamental fences, walls and/or permanent evergreen planting that it cannot be seen from a public street:

         •   Automobile salvage or junkyard.

         •   Building materials salvage yard.

         •   Junk or salvage yard of any kind.

         •   Scrap metal storage yard. (2000 Code § 12-322)

   C.   Accessory Uses: Accessory uses are uses that are clearly incidental to permitted uses, but not including residential occupancy except by employees employed on the premises. (2000 Code § 12-323)

   D.   Conditional Uses: All of the following uses are prohibited until they have been studied by the planning commission and have received the express approval of the city council. The council may require approval of the city or county health department, the state fire marshal and other state and county regulating agencies and may attach to the approval specific restrictions designed to protect the public welfare and safety:

      •   Acid manufacture.

      •   Cement, lime, gypsum or plaster of Paris manufacture.

      •   Explosives, manufacture or wholesale storage.

      •   Gas manufacture.

      •   Petroleum or its products, refining of.

      •   Shipping container (subject to review and approval by the planning commission on an annual basis).

      •   Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products. (2000 Code § 12-324; amd. Ord. 1056, 11-13-2007)

   E.   Area Regulations: Any I-3 zone lot established and any structure erected on any I-3 zone lot after the initial effective date hereof shall comply with the following bulk and area requirements:

      1.   Front And Side Yard: Minimum is fifty feet (50').

      2.   Intensity Of Use:

         a.   Minimum distance between unconnected buildings on the same lot is fifteen feet (15').

         b.   Minimum size of new zones is twenty (20) acres.

      3.   Coverage: Maximum lot coverage is sixty five percent (65%).

      4.   Off Street Parking: Buildings shall be provided with a yard area adequate to meet the off street parking requirements set forth in chapter 2, article D of this title. (2000 Code § 12-325)

   F.   Signs: Permitted signs are signs and sign panels not over three hundred (300) square feet in area for each one hundred feet (100') of frontage. (2000 Code § 12-326)

   G.   Height Regulations: Where a lot adjoins a dwelling district, the building shall not exceed forty five feet (45'), unless it is set back one foot (1') from all front and side yard lines for each foot of additional height above forty five feet (45'). (2000 Code § 12-327)

   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. (2000 Code § 12-331)

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

      •   Fire and police stations.

      •   Golf courses.

      •   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 five hundred feet (500') of any R Residential Zone.

      •   Nursery and greenhouse.

      •   Public and parochial schools, not including industrial trade schools.

      •   Single-family homes as regulated in R-1 Zone.

      •   Truck garden.

      •   Utility substation. (2000 Code § 12-332; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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:

      •   Agricultural buildings.

      •   Guesthouses and employees' quarters. (2000 Code § 12-333)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title and after the Planning Commission has approved the site plan:

      •   Aircraft landing fields.

      •   Boarding school.

      •   Broadcasting towers for radio and television.

      •   Churches.

      •   Country clubs.

      •   Nursing home.

      •   Orphanage.

      •   Public building.

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

      •   Signs and outdoor advertising.

      •   Warehouse, mini. (Ord. 1021, 2-14-2006; amd. Ord. 1056, 11-13-2007; Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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 thirty feet (30').

      2.   Side Yard:

         a.   Minimum side yard is ten feet (10').

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

      3.   Rear Yard: Minimum rear yard except where alley is platted is ten feet (10').

      4.   Lot Width: Minimum lot width at building line is one hundred twenty five feet (125').

      5.   Intensity Of Use:

         a.   Minimum lot area is one acre.

         b.   Minimum space between unconnected buildings on the same lot is fifteen feet (15'). (2000 Code § 12-335)

   F.   Height Regulations: No building shall exceed two and one-half (21/2) stories in height except as provided in chapter 2, article C of this title. (2000 Code § 12-336)

   G.   Nonconforming Uses: 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. Nonconforming uses will only be permitted if it is determined that the use is beneficial to the community. (Ord. 1029, 3-14-2006)

   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. (2000 Code § 12-341)

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

      •   All uses allowed in R-3 multiple-family dwelling district.

      •   Administrative, executive, professional and research offices.

      •   Apothecaries and drugstores.

      •   Art gallery.

      •   Government offices.

      •   Hospital and clinic.

      •   Medical and biological laboratories.

      •   Mortuary and funeral home.

      •   Parking lot.

      •   Professional schools and studies. (2000 Code § 12-342)

   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. (2000 Code § 12-343)

   D.   Conditional Uses: The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in section 12-2A-9 of this title 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). (Ord. 1056, 11-13-2007)

   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 twenty feet (20').

      2.   Side Yard:

         a.   Minimum side yard is five feet (5').

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

      3.   Lot Width: Minimum is fifty feet (50').

      4.   Intensity Of Use:

         a.   Minimum lot area is six thousand five hundred (6,500) square feet.

         b.   Minimum space between unconnected buildings on the same lot is ten feet (10').

         c.   Minimum unobstructed open space per dwelling unit is one thousand five hundred (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 chapter 2, article D of this title. (2000 Code § 12-344)

   F.   Height Regulations: No buildings shall exceed three and one- half (31/2) stories or forty five feet (45') in height except as provided in chapter 2, article C of this title. (2000 Code § 12-345)

   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. (2000 Code § 12-351)

   B.   Permitted Uses: The Planning Commission may approve any use such as agricultural uses, public recreation, trailer courts, equipment yards, quarries, etc., 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. (2000 Code § 12-352)

   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.

      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 zoning ordinance, 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:

Dance Halls

Flea Markets

Gasoline and oil retail distributing plant

Sanatorium

Laboratories, research testing, experimental

Nightclub

Private wind energy conversion systems

Funeral parlor or mortuary

Marijuana business

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 fifty (50) square feet per dwelling unit nor a total of thirty thousand (30,000) square feet.

      5.   Each accessory commercial establishment, except private clubs or lodges or restaurants, shall be limited to a maximum of three thousand five hundred (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 three hundred feet (300') 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 one hundred fifty feet (150') 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 one hundred feet (100') from any ground sign.

      5.   Ground signs shall not exceed twenty-five feet (25') 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 twenty-five feet (25'), but shall not exceed forty feet (40') in height, or pole signs at a maximum height of fifty (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 (2) square feet in surface area.

         b.   Temporary real estate and construction signs (to conform with 12-2B-3C).

         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 forty-five (45) days prior to an election and removed within seven (7) days following an election.

         i.   Signs located within a building.

         j.   Signs, not exceeding three (3) square feet of display surface area, of a warning, directive or instructional nature, including entrance, exit and restroom signs.

         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 title 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:

               (a)   Maximum number of permitted dwelling units equals gross area of property located within a residential district divided by minimum land area per dwelling unit permitted in the applicable use district. For the purpose of intensity computations, gross area shall mean the lot area plus one half of the right of way of any abutting street to which the lot has access.

               (b)   The minimum land area per dwelling unit, for the purpose of the computation described in subsection above, 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:

Maximum permitted floor area = gross area* of property located within a nonresidential district multiplied (x) by the floor area ratio permitted either by right or exception within the bulk and area requirements of the applicable use district; except, where a floor area ratio is not specified, a floor area of 0.75 shall apply.

* For the purposes of intensity computations, "gross area" shall be the sum of all land areas in the PUD used for residential dwellings, plus all residential open space or recreational areas which are not used to meet the public parks and open space requirements of the City code.

            (2)   The intensity of use of a PUD located within two (2) 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 four thousand (4,000) feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of forty feet (40') 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:

         a.   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:

         a.   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 subsection L of this chapter.

      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 12-3A of this title. 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 section 12-3B of this title.

   G.   Off Street Parking and Loading:

      1.   Off street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of Chapter 2D of this title. 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 subsection L of this chapter.

   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 subsection I of this section. 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;

         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 (4) 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.

         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 subsections I-a-iii and I-a-iv of this section. 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 subsection 12-2A-10A of this title. Within sixty (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;

         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 Seminole City Council for further hearing as provided in subsection K of this chapter.

   K.   City Council Action: Upon receipt of the application, outline development plan and Planning Commission recommendation, the Seminole 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;

      2.   Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservations. 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 Seminole 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 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 (2) 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 (2) 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. (Ord. 1220, 6-12-2018; amd. Ord. 1260, 11-9-2021)